Pa Distinctions - Criminal Law

Front 1

Classifications of murder?

Back 1

1. Murder of the First Degree
2. Murder of the Second Degree
3. Murder of the Third Degree
4. Voluntary Manslaughter
5. Involuntary Manslaughter
6. Homicide by Vehicle
7. Homicide by Drug Delivery
8. Crimes Against Unborn Child

Front 2

PA Murder of the 1st Degree

Back 2

Intentional killing.

Front 3

PA Murder of the 2nd Degree

Back 3

Felony Murder
(engaged as a principal or an accomplice in the perpetration of a felony)

Front 4

PA Murder of the 3rd Degree

Back 4

All other murder.
malice, express or implied, but without specific intent to kill

(includes Homicide by Drug Delivery)

Front 5

Voluntary Manslaughter

Back 5

killing of another without lawful justification under a SUDDEN AN INTENSE PASSION RESULTING FROM SERIOUS PROVOCATION by:
1. the individual killed
2. another whom the actor endeavors to kill, but instead negligently or accidentally causes the death of the individual killed

Also self defense killing in an unreasonable mistake.

Felony of first degree.

Front 6

PA Self Defense killing - unreasonable mistake?

Back 6

Voluntary Manslaughter

Felony of first degree.

Front 7

Involuntary Manslaughter

Back 7

Causing the death of another as a result of reckless or grossly negligent act, regardless of whether the act was lawful or unlawful (i.e. includes misdemeanor manslaughter).

Misdemeanor of the first degree.
If victim was 12 or younger and killer was custodian than felony of second degree.

Front 8

PA Homicide by Vehicle

Back 8

Recklessly or with gross negligence cause the death of another while violating any state or municipal law regarding the use or operation of a vehicle or the regulation of traffic (except DUI) and the violation is the cause of death.

In determining whether acted recklessly, conduct immediately prior to the accident may be considered.

Felony of third degree

Front 9

PA Homicide by Drug Delivery

Back 9

A person who administers, dispenses, prescribes, sells, or distributes any controlled substance or counterfeit controlled substance in violation of the Controlled Substance, Drug, Device, and Cosmetic Act is guilty of third degree murder if another person dies as a result of using the substance.

Third degree murder; felony of first degree.

Front 10

Crimes against unborn child?

Back 10

The crime of committing homicide of an unborn child (intentionally, knowingly, recklessly, or negligently).

Does not apply to abortion, doctors engaged in good faith medical practice, or pregnant women in regard to their own unborn children.

Front 11

Doctrine of merger in PA?

Back 11

Except for lessor included offenses, the doctrine is abolished.

Front 12

Can you be charged with both attempt and the crime?

Back 12

Yes, but only convicted of one.

Front 13

PA mental states for crimes?

Back 13

1. Intentionally
2. Knowingly (aware that it is practically certain result will occur)
3. Recklessly (consciously disregards a substantial and unjustifiable risk)
4. Negligently (should have been aware of a substantial and unjustifiable risk)

Front 14

PA Vicarious Liability?

Back 14

a person is guilty of an offense if conducted by another person for which he is legally accountable.

Liable for another's conduct when:
1. acting w/ mental state required for the offense, cause another person to engage in the conduct
2. statutory liability for the person's conduct
3. vicariously liable for accomplice's offenses

Front 15

PA Enterprise Liability?

Back 15

No liability for a corporation or association if the appropriate supervisor / manger exercised due diligence in preventing the offense.

(doesn't apply if would be inconsistent with the purpose of the offense)

Front 16

Who is an accomplice under PA Law?

Back 16

w/ the intent of promoting or facilitating the commission of the offense he:
1. solicits such other person to commit it
2. or aids or agree or attempts to aid such other person in planning or committing it or
3. his conduct is expressly declared by law to establish complicity

(an accessory before the fact)

Front 17

Accessory after the fact?

Back 17

does not have vicarious accomplice liability - is guilty of the separate crime of accessory after the fact.

Front 18

Can you prosecute an accomplice if principal is not prosecuted?

Back 18

yes.

Front 19

Accomplice liability?

Back 19

accomplice liability if he acts w/ the kind of culpability required for the commission of the offense

Front 20

What if accomplice was legally incapable of committing the underlying crime?

Back 20

no defense if legally incapable of committing the offense in an individual capacity because the offense can only be committed by a particular class of person and the accomplice does not belong to that class

Front 21

Withdrawal and accomplice liability in PA

Back 21

He terminates his complicity prior to the commission of the offense and
1. wholly deprives it of effectiveness in the commission of the offense or
2. gives timely warning to police or makes proper effort to prevent the offense

Front 22

In PA, merger for conspiracy and the completed crime?

Back 22

No Merger.

Front 23

Elements of Conspiracy in PA?

Back 23

Defendant has:

1.Intent of promoting a crime, attempt, or solicitation AND

2. EITHER
a) An agreement with another person that one or both will commit a crime, attempt, or solicitation. OR
b). An agreement to aid another in the planning or commission of a crime, attempt or solicitation.

3. AND An a conspirator has committed an overt act in furtherance of the conspiracy.

(INTENT + AGREEMENT + OVERT ACT)

Front 24

Withdrawal / Renunciation from conspiracy in PA?

Back 24

It is a defense to conspiracy if:
1. conspirator thwarted the success of the conspiracy and
2. complete and voluntary renunciation of criminal intent

Front 25

PA insanity test?

Back 25

M'Naghten Rule:
Defendant must show insanity by a preponderance of the evidence.

D either did not know his act was wrong or did not understand the nature of his act

Front 26

Pa and the irresistable impulse test?

Back 26

Not recognized as a defense to criminal charge, but
psychiatric evidence may be admitted to est. acted in heat of passion when he committed the homicide, reducing to voluntary manslaughter.

Front 27

PA and the diminished capacity test?

Back 27

Recognized but EXTREMELY limited.
Diminished capacity only negates specific intent for first degree murder.
D lacked the substantial capacity to either appreciate the criminality of his conduct or conform his conduct to the law

Front 28

Voluntary Intoxication?

Back 28

Not a defense to crimes, but can reduce first degree murder to third degree murder.
Whether D was so intoxicated he lost his rationality or sensibilities so as to negate the specific intent to kill.

Front 29

PA Rule for use of deadly force in self defense?

Back 29

Retreat required EXCEPT no duty to retreat from one's own house or place of work (unless they instigated in their own house or own place of work).

Front 30

PA Rule for use of force in defense of others?

Back 30

The use of force is justifiable to protect a third person when:

1. the actor would be justified in using such force to protect herself against the injury she believes to be threatened to the person she seeks to protect

2. under the circumstances as the actor believes them to be, the person she seeks to protect would be justified in using such protective force and

3. actor believes that her intervention is necessary for the protection of the other person

Front 31

When may police use deadly force when making an arrest?

Back 31

While making an arrest, a police officer may use deadly force if

1. it is necessary to prevent the perpetrator's escape and

2. the perpetrator committed a forcible felony

3. and
a) possesses a deadly weapon or
b) has indicated that he will endanger human life or
c) inflict serious bodily injury
unless he is arrested without delay.

Front 32

PA Crime of Resisting Arrest?

Back 32

To be convicted of resisting arrest:
1. underlying arrest must be lawful
2. the arresting officer must have acted with authority and probable cause

Front 33

When may you use force to resist arrest in PA?

Back 33

Person may only use force to resist arrest by someone he knows to be a police officer when the police officer unlawfully uses or threatens to use deadly force.

A person may use force to resist and illegal arrest by a person not known to be a police officer.

Front 34

Entrapment?

Back 34

Entitled to acquittal if the police activity involves
1. making knowingly false representations designed to induce the belief that such conduct is not prohibited or
2. employing methods of persuasion or indcuement that create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it.

objective focus on conduct of police officers; does not not look subjectively at defendant's predisposition to commit the crime

Front 35

Battery in PA?

Back 35

No battery in pa. Battery is called assualt.

Front 36

Simple Assault in PA?

Back 36

1. attempting to cause or intentionally, knowingly, or recklessly causing bodily injury to another;
2. negligently causing bodily injury to another with a deadly weapon
2. attempting by physial menace to put another in fear of imminent serious bodily injury or
4. concealing or attempting to conceal a hypodermic needle on the defendant's person and intentionally or knowingly penetrating a law enforcement officer with the needle during the course of an arrest or any search of the person

Front 37

Aggrevated Assault in PA?

Back 37

1. attempts to cause serious bodily injury to another or causes such injury intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life.

2. aggravated assualt also includes intentionally or knowingly causing or attempting to cause bodily injury with a deadly weapon.

3. simple assault of a public official.

Front 38

Recklessly Endangering Another Person?

Back 38

recklessly engaging in conduct that places or may place another person in danger of death or serious bodily injury is a misdemeanor of the second degree.

Front 39

Terroristic Threats

Back 39

Person communicates directly or indirectly to:
1. commit crime of violence with intent to terrorize another
2. cause evacuation of a building, place of assembly, or facility of public transportation or
3. otherwise cause serious public inconvenience or terror with reckless disregard of the risk of causing such terror or inconvenience

Front 40

Weapons of Mass Destruction?

Back 40

a bomb, or a chemical, biological, or nuclear agent
Crimes:
1. Threat to Use Weapon of Mass Destruction
2. Possession, Manufacture, or Use of Weapon of Mass Destruction

Front 41

Crime of Causing Catastrophe

Back 41

intentionally, knowingly, or recklessly causes a catastrophe by
explosion
fire
flood
avalanche
collapse of a building
release of poisonous gas
radioactive material or other harmful or destructive substance
any other means of causing potentially widespread injury or damage, including providing permits to transport hazardous materials in violation of the law.

Front 42

Crime of Risking Catastrophe

Back 42

recklessly creating a risk of catastophe

Front 43

Harassment

Back 43

person, with intent to harass, annoy or alarm another
1. subject another to physical contact
2. follows another in a public place
3. engages in a course of conduct which serve no legitimate purpose
4. communicates to or about another in any threatening or obscene manner
5. communicates repeatedly to another specifically including in an anonymous manner or at extremely inconvenient hours

Front 44

Stalking

Back 44

person engages in a course of conduct, repeatedly commits acts toward another, or repeatedly communicates with another under circumstances that demonstrate an inten to place another in reasonable fear of bodily injury or an intent to cause substantial distress to another

Front 45

Homicide - what is a deadly weapon?

Back 45

firearm (unloaded or loaded)
any device designed as a weapon and capable of producing death or serious bodily injury
any other device or instrumentality which, in teh manner in which it is used or intended to be used, is calculated or likely to produce death or serious bodily injury

Front 46

Murder - Serious bodily injury?

Back 46

Bodily injury that creates a substantial risk of death or causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Front 47

Felony Murder - applicable crimes?

Back 47

1. Burglary
2. Robbery
3. Arson
4. Kidnapping
5. Rape
6. Deviate sexual intercourse by force or threat of force

Front 48

False Imprisonment?

Back 48

Knowingly restraining another unlawfully so as to substantially interfere with his liberty.

Front 49

Kidnapping?

Back 49

unlawfully removing another a substantial distance, or unlawfully confining another for a substantial period in a place of isolation with the following intention
1. ransom, reward, hostage
2. facilitate commission of felony or flight
3. interfere with public officials in performance of gov. functions

Front 50

Rape

Back 50

Includes intercourse with a complainant who is younger than 13.

Front 51

Statutory Sexual Assault (Statutory Rape)

Back 51

Intercourse with someone under 16 by a person four or more years older than the complainant and they are not married.

Front 52

Mistake of age defense to statutory sexual assualt?

Back 52

Defendant must show by preponderance of the evidence that he reasonably believed the person to be older than the critical age. Child must be older than 14 to apply.

Front 53

Incest

Back 53

marriage, sex, cohabitation (holding out as spouses)

ancestor, descendant, sibling (whole or half blood), uncle, nephew (whole blood)

Front 54

Bigamy

Back 54

More than one marriage unless:

believed prior spouse to be dead

lived apart two years + no sex

annulment or divorce was invalid, but person didn't know it was invalid

Front 55

Involuntary Deviate Sexual Intercourse

Back 55

Rape, where the act is oral, anal, or beastiality

Includes sex with person under 13, statutory rape, and person who lacks competence to give consent

Front 56

Deviate sexual intercourse

Back 56

anal, oral, beastiality

Front 57

Indecent contact

Back 57

any touching of sexual or intimate parts for purpose of arousing or gratifying sexual desire in either person

Front 58

Sexual intercourse

Back 58

regular, oral, anal with some penetration (even if slight); emission not required

Front 59

Aggravated Indecent Assault

Back 59

penetration, however slight, of the genitals or anus of another with a part of the actor's body for any purpose other than good faith medical, hygienic or law enforcement procedures under any circumstances set forth for indecent assault.

Front 60

Indecent assault

Back 60

indecent contact if
1. w/out consent
2. forcible compulsion or threat of compulsion
3. unconscious
4. less than 13
5. less than 16 and person is 4 or more years older and are not married

Front 61

Indecent exposure

Back 61

exposing genitals in public place or place where others are present
under circumstances where likely to cause affront or alarm for the purpose of arousing or gratifying sexual desire

Front 62

Theft

Back 62

larceny - theft by unlawful taking or disposition

Front 63

Theft by Deception

Back 63

what PA calls false pretenses

Front 64

Theft by Unlawful Taking or Disposition

Back 64

What PA calls larceny by trick

Front 65

Robbery

Back 65

Theft via:
threatens another with or intentionally puts him in fear of immediate serious bodily injury of physically takes by force

Front 66

Retail Theft

Back 66

Shoplifting

Front 67

Theft by Extortion

Back 67

obtaining or withholding the property of another by threatening to do harm in the future.

(commit another criminal offense, accuse someone of a criminal offense, expose secret, take action as an official, boycott, testify, any other harm that would not benefit the actor)

Front 68

Theft by property lost, mislaid, or delivered by mistake.

Back 68

a person who comes into control of the property of another knowing that it has been lost, mislaid, or delivered by mistake is guilty of theft if he
1. has intent to deprive the owner of that property, and
2. fails to take reasonable measure to restore the property to the person entitled to have it

Front 69

Receiving stolen property

Back 69

intentionally receives, retains, or disposes of the movable property of another knowing that it has been stolen or believing that it has probably been stolen
UNLESS receipt was with intent to restore it to its owner

Front 70

Theft of Services

Back 70

Obtaining Services and using trick or threat to avoid paying for services.

Front 71

Theft by Failure to Make Required Disposition of Funds Received

Back 71

a person who obtains property by agreement or subject to a known legal obligation to make specified payment or other disposition is guilty of theft if he intentionally deals with the property obtained as his own and fails to make the required payment or disposition

Front 72

Computer Trespass

Back 72

knowingly and without authority use of a computer or computer network to:
hacking, stealing information, altering data, damaging via hacking ways

Front 73

Distribution of a Computer Virus

Back 73

intentionally or knowingly

Front 74

Unlawful Use of a Computer

Back 74

hacking

Front 75

Burglary

Back 75

entering a building with intent to commit a crime therein unless the premises are open to the public and defendant is licensed or privileged to enter

Front 76

Arson Endangering Persons

Arson Endangering Property

Back 76

Persons - includes endangering firefighters, commits and act with the purpose of destroying or damaging an inhabited building or occupied structure of another

Property - endangering property or unoccupied structure of another (or himself for insurance)

Front 77

Criminal Trespass

Back 77

A good throw in crime
Entering or remaining in a place knowing you are not privileged to do so.

Defenses:
1. property was abandoned
2. premises were open to members of the public and actor complied with all lawful conditions imposed on access
3. reasonably believed the owner of the property would have permitted him to enter or remain

Front 78

Perjury
Bribery
Concealing the Death of a Child
Endangering the Welfare of Children
Dealing in Infant Children

Back 78

Other crimes

Front 79

Forgery

Back 79

In PA = Forgery and Uttering

Writing includes printing, any method of recording info, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right privilege, or identification

Front 80

Bad Checks

Back 80

issue or pass a check for the payment of money with knowledge the check will not be honored by the drawee

Front 81

Access Device Fraud

Back 81

ATM or Credit Card Theft

Front 82

Identity Theft

Back 82

possesses or uses the identifying information of another without consent to further any unlawful purpose

Front 83

Institutional Vandalism

Back 83

Churches, Cemetaries, Schools, Municipal Building