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Crime requires proof of:
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1. physical act
2. mental state; AND 3. concurrence of the act and mental state (may also require proof of result and causation) |
Ommission as an Act:
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Only if:
1. specific duty imposed by law; 2. D has knowledge of the duty; AND 3. it is reasonably possible to perform the duty |
MALICE
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Requires a reckless disregard of an obvious or high risk taht a particular harmful result will occur:
1. common law murder 2. arson |
SPECIFIC INTENT
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10 crimes:
1. solicitation 2. attempt 3. conspiracy 4. 1st degree premeditated murder 5. assualt (attempted battery) 6. larceny, robbery 7. burglary 8. forgery 9. false pretenses 10. embezzlement |
GENERAL INTENT
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Awareness of all the factors constituting the crime (D is aware that act is proscribed and high likelihood of attendant circumstances)
1. battery 2. rape 3. kidnapping 4. false imprisonment |
STRICT LIABILITY
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NO AWARENESS of the facts constituting the crime; objective standard
1. statutory rape 2. selling liquor to minors 3. bigamy |
MODEL PENAL CODE ON FAULT
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No distinction between general and specific intent; adopts:
(1) purposely, (conscious object ot engage in proscribed act) knowingly, (awareness that conduct is of particular nature) and recklessly (conscious disregard of a known risk) (2) negligence (failure ot be aware of substantial risk)--objective test |
LARCENY
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A taking and carrying away of tangible personal property of another by trespass and with intent to permanently deprive
--D must intent to create substantial risk of loss; intent must exist at time of taking --If D in possession at time of taking, this is embezzlement, not larceny |
EMBEZZLEMENT
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Fraudulent conversion of personal property of another by a person in lawful possession of that property
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FALSE PRETENSES
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Obtaining title to personal property of another by an intentional false statement of past or existing fact w/intent to defraud the other
--is not larceny by trick, where P gives up possession of property |
ROBBERY
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Taking of another's personal property from that person's person or presence by force or threats of immediate physical injury/death with intent to permanently deprive him of property (steal)
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EXTORTION
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Corrupt collection of unlawful fee by an officer of the law acting under color of office (presence of victim is immaterial)
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RECEIPT OF STOLEN PROPERTY
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Receiving possession and control of "stolen" personal property known to have been obtained in a manner constituting criminal offense by another person with the intent to permanently deprive owner of interest in it
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FORGERY
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Making or altering a writing with apparent legal significance so that it is false AND with intent to defraud
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BURGLARY
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Breaking and entry of a dwelling of another at night with the intent to commit a felony in the structure
--intent to commit felony must be present at time of entry --nighttime + breaking + home requirements often waived in finding burglary |