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MBE Crim. Law II

Crimes Against Property

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