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29 Cards in this Set

  • Front
  • Back
Name the 10 specific intent crimes.
1) Solicitation
2) Attempt
3) Conspiracy
4) First degree murder
5) Assault
6) Larceny and robbery
7) Burglary
8) Forgery
9) False pretenses
10) Embezzlement
What are the two defenses for specific intent crimes?
1) voluntary intoxication
2) any mistake of fact even if unreasonable
What are the malice crimes?
1) Arson
2) Murder
What are the general intent crimes?
All crimes not specific intent or malice
What elements are required in a crime?
1) Actus reus
2) Mens rea
3) Concurrence between the two
4) Causal connection
5) Harm
What are the non-specific intent types of murder?
All malice crimes
1) Intent to inflict serious bodily injury and ensuing death
2) Felony murder
-unintentional murder that occurs:
-during the commission of or attempted commission of an inherently dangerous felony (BARK - burg, arson, rape, robbery, kidnapping)
3) depraved heart murder/involuntary manslaughter
-depraved heart = untinentional killing by reckless conduct
-involuntary manslaughter = unintentional killing by criminal negligent act
What are the levels of mens rea?
1) Purposely: conscious object to commit crime
2) Knowingly
3) Recklessly: knows of a substantial/unjustifiable risk and disregards
4) Negligently: fails to be aware of a substantial/unjust risk
What is aiding and abetting?
GR: one who aids, consels, commands, or encourages another in the commission of a crime & is present at commission, generally guilty of aiding and abetting
EX: members the statute sought to protect generally exempt from liability
What are the inchoate crimes and definitions?
1) solicitation: asks, encourages, requests another to commit a crime
-does not need 2 guilty minds

2) Attempt: specific intent, close proximity substantial step
3) Conspiracy: specific intent, agreement + overt act, 2 guilty minds
Where solicitor proceeds far enough to be liable for attempt, what happens?
1) Solicitation merges with attempt
What is robbery?
Larceny + assault
-Can't be guilty of robbert and one of the LIIs
If a mock robbery results in injuries, what crime was committed?
(a) robbery
(b) larceny
(c) assault
(d) no crime
(e) robbery, larceny, and assault
(d) No crime because the mock robbery aspect negates all intent
-Robbery = larceny + assault, so couldn't be robbery + either of them
To what is voluntary intoxication a defense?
The specific intent crimes + inchoate crimes
-1st degree murder, assault, larceny, robbery, burglary, forgery, false pretenses, embezzlement
What is arson?
The malicious burning of the dwelling house of another
-In a least likely answer, look for lack of malice
List the elements of battery.
-General intent
-Completed assault
List the elements of assault.
2 theories:
1) attempted battery: reqs specific intent
2) threat of bodily injury: general intent
List the elements of homocide.
1) Intent = 4 types
a) Intent to kill
b) intent to inflict great bodily harm
c) depraved heart (highly reckless)
d) involuntary manslaughter (criminally negligent)
List the elements of manslaughter.
Voluntary: some form of passion, provoked killing
Involuntary: criminally negligent killing or unlawful act (misdemeanor murder, unenumerated felony - not BARK)
In VA, when is it 1st Degree murder without premeditation?
1) The following types: lying in wait, imprisoning, starving, felony murder
What are the elements of larceny?
-Wrongful taking, AND
-Carrying away
-of tangible personal property
-of another
-by trespass (w/o consent or consent by fraud)
-w/ intent to permanently deprive (must exist at taking)
What are the elements of embezzlement?
-Of personal property
-Of another
-By a person in lawful possession of that property

--Disting from larceny--
-misappropriates property of which he's in lawful possession v. larceny where misappropriates property not in lawful possession
What are the elements of kidnapping?
-Unlawful confinement
-involving either some movement of victim or
-concealment in a secret place
What are the elements of rape?
-Unlawful carnal knowledge
-of a woman
-by a man, not her husband
-without her effective consent
What are the elements of false imprisonment?
-Unlawful confinement
-of a person
-without his valid consent
What are the elements of false pretenses?
-obtaining title
-to personal property of another
-by an intentional false statement of past/existing fact (not future fact)
-with intent to defraud the other
What are the elements of robbery?
-a taking
-of personal property of another
-from the other's person or presence
-by force or threats of immediate death or injury
-with the intent to permanently deprive
What are the elements of burglary?
-a breaking
-and entry
-of a dwelling
-of another
-at nighttime
-with the intent to commit a felony in the structure
What are the elements of arson?
-of the dwelling
-of another

DAMAGE REQUIRED greater than mere blackening--charring is sufficient