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MBE Crim. Law II
Crimes Against Property
| Term | Definition |
|---|---|
| Solicitation (SI) | -Defendant entices, encourages, orders or requests another to commit a crime. The crime is complete at this point. -Merges into the target offense -No defenses at common law - |
| Conspiracy (SI) | -Elements (common law): 1)Agreement btwn 2 or more persons 2)Intent to achieve same criminal objective -Conspiracy does NOT merge --Withdrawal is no defense at common law --MPC contra if D "thwarts the success" |
| Attempt (SI) | Elements: 1)Intent to commit a crime 2)a "substantial" step in furtherance that goes beyond mere preparation -Merges into completed offense -Defenses: --Legal impossibility - yes --Factual impossibility - no **All inchoate offenses are spec. int. |
| Unilateral Theory of Conspiracy | According to the MPC, an agreement btwn "two or more persons is not required. Only an intent by a single actor agreeing with another is needed. |
| Scope of Conspiracy I | -A co-conspirator is guilty of all crimes committed "in furtherance of" the conspiracy (i.e. Pinkerton crimes) -Withdrawal from Pinkerton crimes may occur where a conspirator: 1)notifies all other members of the conspiracy, and |
| Scope of Conspiracy II | 2) such notice is timely giving the other members the opportunity to abort their plans. |
| Accomplice Liability (SI) | 1)Gives aid or encouragement with 2)Intent to achieve same criminal objective "Scope":all crimes "reason. foreseeable" |
| Battery and Assault | -Battery-General intent crime --Unlawful application of force -Assault-Specific intent crime 1)Attempted Battery type 2)Intent to Frighten type |
| Accessory After the Fact | -Knows of a completed crime, and -Gives aid to hinder apprehension or conviction |
| Theft Crimes I | Larceny: the "taking" is trespassory/wrongful Larceny by trick: title does not pass Embezzlement: the initial taking cannot be trespassory false pretenses: title passes |
| Theft Crimes II | Both crimes require a false representation of a past or present material fact. -Receiving Stolen Property |
| False Pretenses (SI) | False representation of a past or present material fact which causes the victim to pass title to the wrongdoer |
| Embezzlement (SI) | Fraudulent conversion of the personal property of another by one in lawful possession. |
| Burglary (SI) | Elements (Common Law): -Breaking and entering of, -The dwelling house of another, -at nighttime with -The intent to commit a larceny or felony therein. |
Created by:
Gkell001
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