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21 Cards in this Set

  • Front
  • Back
includes the Constitution and a local law or ordinance of a political subdivision of the State
Act or Action
a bodily movement whether voluntary or involuntary
failure to act
action or omission and its accompanying state of mind, or, where relevant, a series of acts or omissions
Element of an Offense
(i) such conduct or
(ii) such attendant circumstance or
(iii) such a result of conduct
MPC §2.01-1
A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or omission to perform an act of which he is physically capable.
MPC §2.01-2
The following are not voluntary acts within the meaning of this section:
(a) a reflex or convulsion;
(b) a bodily movement during unconsciousness or sleep;
(c) conduct during hypnosis or resulting from hypnotic suggestion;
(d) a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual.
MPC §2.01-3
Liability for the commission of an offense may not be based on an omission unaccompanied by action unless:
(a) the omission is expressly made sufficient by the law defining offense; or
(b) a duty to perform the omitted act is otherwise imposed by law.
MPC §2.01-4
Possession is an act, within the meaning of this section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.
MPC §2.05 states
voluntary act and mens rea requirements need not apply to offenses graded as violations. Violations are offenses that cannot result in imprisonment or probation, but may result in fines.
What does the Code require the prosecution to prove?
They must prove that the defendant committed the social harm of the offense with a culpable state of mind, as set out in the specific statute.
Define Purposely
(in the context of a result or conduct)
A person acts purposely if it is his conscious object to engage in conduct of that nature or to cause such a result.
Define Purposely
(in the context of attendant circumstances)
A person acts purposely if he is aware of the existence of such circumstances OR he believes OR hopes that they exist.
Define Knowingly
(context of a result)
A result is knowingly caused if the actor is aware that it is practically certain that his conduct will cause such a result.
Define Knowingly
(context of attendant circumstances & conduct)
One acts knowingly if he is aware that his conduct is of that nature OR that such [attendant] circumstances exist.
When is knowledge established?
Knowledge is established if a person is aware of a high probability of [the attendant circumstance's] existence, unless he actually believes that it does not exist.
Define Recklessly
A person acts recklessly if he consciously disregards a substantial and unjustified risk that the material element exists OR will result from his conduct.
When is a risk substantial and unjustified?
A risk is substantial and unjustifiable if considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law abiding person would observe in the actor's situation.
MPC §2.02-3
The material element is established if a person acts purposely, knowingly, or recklessly.
Actus Reus
Is the physical or external part of the crime
Mens Rea
Is the mental or internal part of the crime