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Crim Law


Jurisdiction State has juris if: 1)act constituting an element of offense committed in st 2)act outside st cause result in st 3)crime involved negelect of a duty imposed by state law 4)there was an attempt or conspiracy outside the st plus an act in st or vice ver
Vagueness and Other Cons'tl Limitations -DP req's that crim stat not be vague -must be: a fair warning and no arbitrary and discriminatory enforcment -Const places 2 limits on both fed and state legislatures: no ex-post facto laws, no bills of attainder
Merger -generally, no merger of crimes in Amer law -but, solicitation and attempt do merge into substantive offenses. Thus, if you have completed that crime, can't be charged w/ attempt to commit that crime -conspiracy doesn't merge into substantive offense
WY: Mutually Exclusive CRIMES -st entitled to charge, try & submit multiple offenses to jury, even if D can't be convicted of all charges -must be instructed that it must decide guilt in the alt & in a given sequence --evidence permits, the D able to argue inconsistent or alt defens
Elements of a crime Proof of: 1)physical act 2)mental state 3)concurrence of the act & mental state --May also require proof of: 1)a result 2)causation
Physical Act -D must have either performed a VOLUNTARY act or failed to act under circumstnaces imposing a legal duty to act -an act is a bodily movement
Omission as an "act" -failure to act gives rise to liability if: 1)there is a specific duty to act imposed by law 2)the D has knowledge of the facts giving rise to the duty to act; and 3)it is reasonably possible to perfrom the duty
Mental State: Specific Intent Crimes Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts -Solicitation: intent to have person solicited to commit the crim -Conspiracy: intent to have crime completed -Attempt-Intent to complete crime -1st Degree premeditated murder -Assault: intent to commit battery -Larceny: same ase robbery
Specific Intent Crimes Cont -Embezzlement: intent to defraud -Forgery: Intent to defraud -Robbery: intent to permanently deprive other of his interest in prop taken -Burglary: intent to commit a felony in a dwelling -False Pretenses: intent to defraud
Specific Intent Defenses -2 additional defenses added: 1)voluntary intoxication 2)unreasonable mistake of fact
Metnal State: Malice Crimes -requires only a RECKLESS disregard of an obvious or high risk that the particular result will occur 1) murder (2nd degree) 2)Arson
Mental State: General Intent Crimes -awareness of all factors constituting the crime (aware ofa high likelihood they will occur) -jury may infer req'd intent merely from doing the act -motive is immaterial to substatnive crime law Crimes: 1)battery 2)rape 3)kidnapping 4)false impriso
Transferred Intent -D liable where she intends the harm that is actually caused, but to a different victim or object -Defenses & mitigating circumstances may also usually be transfered -applies to: homicide, batter & arson -Doesn't apply to attempt
Mental State: Strict Liability Offenses -one that doesn't req awareness of all of the factors constituting a crime -Includes: 1)statutory rape 2)selling liquor to minors 3)bigamy (some juris)
Model Penal Code -eliminates common law distinctions btwn gen and specific intent and adopts to following categories of intent: 1)Purposely, Knowingly, Recklessly 2)Negligence
MPC: Purposely -a person acts purposely when his conscious object is to engage in certain conduct to cause a certain result
MPC: Knowingly -a person acts knowingly when he is aware that his conduct is of a particular nature or knows that his conduct will necessarily or very likely cause a particular result -knowing conduct satisfies a stat requiring willful conduct
MPC: Recklessly -person acts recklessly when he knows of a substantial and unjustifiable risk (objective) and consciously (subjective) disregards it -mere realization of risk not enough
MPC: Negligence -a person acts negligently when he fails to be aware of a substantial & unjustifiable risk, where such failure is a substantial deviation from the standard of care -objective standard, it is not just the reasonable person standard used in torts
Mental State: Vicarious Liability Offenses -one in which a person w/out personal fault may nevertheless be held liable for the criminal conduct of aontehr (usu an EE)
Mental State: Enterprise Liability -Common law: corp no capacity to commit crimes -`Modern stats: corps may be held liable for act performed by: 1)agent of corp acting w/in scope of his office or employment; or 2)a corp agent high enough in hierachy to presume his acts reflect corp policy
Concurrence of Mental Fault with Physical Act -D must have had the intent necessary for the crime at the time he committed the act constituting the crime, and the intent must have actuated the act
Accomplice Liability: Common Law Parties to a Crime 1)Principal in 1st Degree (person who actually engaged in act/omission that constitutes offense) 2)Principal in 2nd degree (person who aided, advises, or encouraged principal & was present @ crime) 3)accessory before the fact 4)accessory after the fact
Accomplice Liability: Modern Stats Parties to Crime -abolishes common law distinction -think of one who actually engages in act or omission as the principal and the other parties as accomplices(liable for princ offense) -accessory after the fact still treated separately:no relationship to principal offen
Accomplice Liability: state of mind -Intent (statute) -absence of stat-most crts would hold that mere knowledge of crime is not enough
Accomplice liability: scope of liability -responsible for crimes he committed or counseled and for any crimes committed probable or foreseeable crimes committed in course of committing crime contemplated
Accomplice Liability: Withdrawal -Encourage crime=repudiate encouragement -aided by providing assistnace, he must do everything possible to neutralize this assistance; or -contact police
WY Accomplice Liability: Modern Stats Parties to Crime -WY has retained labels of "accessory before the fact" and "accessory after the fact" -has eliminated distinction btwn principal and accessory/accomplice for purposes of punishment
WY: Accomplice -called an "accessory before the fact" -to be convicted as "accessory before the fact" it must be proved that someone committed the substantive crime and that the D associated himself w/ and participated in the accomplishment of the criminal venture
WY: Accessory After the Fact -the acessory after the fact doesn't need to know whether the underlying crime was a felony to be convicted of a felony
Inchoate Offenses 1)Solicitation 2)Conspiracy 3)Attempt
Solicitation Elements: 1)inciting, counseling, advising, urging, or commanding another to commite a crime 2)with the intent that the person solicited commit the crime --not necessary that person solicited respond affirmatively
WY Solicitation Elements: -also requires that the solicitation be done under circumstances strongly corroborative of the intent that the crime be committed
Solicitation: Defenses -it's a defense that the solicitor could not be found guilty of the completed crime because of a legislative intent to exempt her -Not a defense: person solicited not convicted, offense not successful, renonuces or w/draws
WY Solicitation: Defenses -a D cant be convicted of solicitation if, after soliciting someone to commit crime, D persuaded person not to commit crime or otherwise prevented commission of crime, under circumstances manifesting a voluntary and complete renunciation of crim purpose
Conspiracy Elements: 1)an agrmt btwn 2 or more persons 2)an intent to enter into the agrmt; and 3)an intent by at least 2 persons to achieve the objective of the agrmt
WY: Conspiracy Elements includes: -an overt act in futherance of the conspiracy -However, if the D has been charged w/ a drug offense under the Controlled Substance Act, not overt act is required
Conspiracy: Agreemnt Req't -Modern Trend: Unilateral-only one party has genuine criminal intent -Traditional Rule: Bilateral Approach- req's at least 2 guilty minds
WY: Conspiracy: Unilateral Approach -Follow Unilateral approach -However, for drug cases under the Controlled Substance Act, WY follows the bilateral approach; thus, agrmt only with a govt agent to commit a drug offense would be insufficient for a conspiracy charge
Conspiracy: Wharton Rule -where two or more ppl are necessary for the commission of the substantive offense (adultery, dueling) there is no crime of conspiracy unless more parties participate in the agrmt that are necessary for the crime
Conspiracy Defenses -Factual Impossibility NOT a defense -W/drawal not a defense becaue the conspiracy is complete as soon as the agrmt is made. MAY be defense to crimes committed in furtherance of conspiracy: notify all members of w/drawal in time for others to abandon pla
WY: Conspiracy: Defense -follows MPC recognizing voluntary w/drawal as a defense if the D w/draw from the conspiracy and thwarts its success under the circumstances manifesting a complete renunciation of the criminal intention
WY: Conspiracy: Jurisdictional Issues -conspiracy may be prosecuted in WY if: 1)any part of agrmt entered into in Wy 2)object of conspiracy has an intended effect in Wy; or 3)an overt act in furtherance of the conspiracy occrs in WY
WY: Conspiracy: Trial Issues -Evid corroborating co-conspirators statement is necessary when out-of-crt statments of co-conspirator are used as evid -However, when in-crt statements of co-conspirator are used, corroboration not req'd -not convicted on guilty pleas of co-conspirator
Attempt Elements: 1)An act 2)done with intent to commit a crime 3)that falls short of compelting the crime
Attempt: Mental State -must intend to perfrom an act and obtain a result that, if achieved, would constitute a crime
Attempt: Overt Act -must commit an act beyond mere preparation for the offense -Traditionally: crts followed "proximity" test which req's that act be "dangerously close" to successful completion Today: "substantial step in course of conduct planned": WY
Attempt: Defenses -Legal Impossibility: Defense -Factual Imposibility: Not Defense -Abandonment: Not Defense
WY: Attempt Defenses -makes attempt of a crime if D intent'l engages in conduct that would be a crime if circumstances had been as D believed them to be (impossibility due to attendante circumstances) no defense -Abandonment: MPC:fully voluntary & complete abandonment=Defens
Prosecution for Attempt -a D charged only w/ a completed crime may be found guilty of the completed crime OR an attempt, but D charged only w/ attempt may not be convicted of the completed crime
Isanity -Several tests to be applied to determine whether, at the time of the crim, the D was so mentally ill as to be entitled to acquittal: 1)M'Naghten Rule 2)Irresistible Impulse Test 3)Durham (New Hampshire) Test 4)American Law Institute(A.L.I.) MPC Test
M'Naghten Rule -a D is entitled to acquittal only if he had a mental disease or defect that caused him to either: 1)not know that his act would be wrong; or 2)not understand the nature and quality of his actions --loss of control because of mental illenss is no defen
Irresistible Impulse Test -a D is entitled to acquittal only if, because of a mental illness, he was UNABLE TO CONTROL HIS ACTIONS OR CONFORM HIS CONDUCT TO THE LAW
Durham (New Hampshire) Test -A D is entitled to acquittal if the CRIME WAS THE PRODUCT OF HIS MENTAL ILLNESS (crime would not have been committed but for the disease). -Broader than M'Naghten or irresistible impusle test
A.L.I. or MPC Test -a D is entitled to acquittal if he had a mental disease or defect, and, as a result, he LACKED THE SUBSTANTIAL CAPACITY to either: 1)appreciate the criminality of his conduct; or 2)confrom his conduct to the reqt's of law
Burden of Proof -all Ds presumed sane -D must raise the insanity issue -D must prove insanity by preponderance of the evidence -Some states & MPC prosec must prove D was sane beyond a reasonable doubt
Mental Condition during crim proceeding -a D may not be tried, convicted, or sentenced if, as a result of mental disease or defect, he is unable to: 1)understand nature of proceeding being brought agasint him 2)to assist his lawyer in the prep of his defense
Diminished Capacity -some states recognize -D may assert that as a result of a metnal defect short of insanity, he didn't have the mental state req'd for the crime charged
WY: Insanity Test -A.L.I/MPC Test -person is not responsible for crim conduct if, @ time of crim conduct, & as a result of metnal illness or deficiency, he lacked the substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to la
Intoxication -caused by any substance -raised when intoxication negates 1 of elements of crime -distinguish btwn voluntary & involuntary intox -continuous, excessive drinking/drug use may bring on actual insanity & D may claim both intox & insanity defense (not in
Voluntary Intoxication -intentional taking w/out duress of substance known to be intoxicating -Defense to Specific Intent Crimes: where crime requires purpose (intent) or knowledge, and intoxication prevented the D from formulating prupose or obtaining knowledge
Involuntary Intoxication -taking of intoxicating substance w/out knowledge of its nature, under direct duress, or purusant to medical advice while unaware of intoxicating effect. -may be treated as mental illness, & D entitled to acquittal if meets juris insanity test
WY: Intoxication -No Defense to crimes requiring Malice/ Recklessness -1st Degree murder: voluntary is defense to ability of D to formulat necessary premeditated malice -2nd degree murder/manslaughter: not a defense
Infancy -Common Law: no liability for act commited by child under 7 -age 7-14, rebuttable presumption that child unable to understand wronfulness of act -14-older treated as adults -Modern Stats-no child can be convicted of crim until stated age reached (13,14
Justification Defenses -when society has deemed that although D committed act, they shouldn't be punished cuz circumstances justify it -Self-Defense -Defense of Others -Defense of Dwelling -Defense of other prop -crime prevention -effectuate arrest -resisting arrest -ne
Self-Defense -Nondeadly force: force as reasonably appears necessary to protect self from imminent use of unlawful force: -Deadly Force: may use deadly force if: 1)she is w/out fault 2)confronted w/ unlawful force 3)threatend w/ imminent death/great bodily harm
Defense of Others -D has right to defend other if she reasonably believes that person assisted has the legal right to use force in his own defense -REASONABLE APPEARANCE of right to use force -no need for special relationship btwn D and person in whose defense she acted
Defense of a Dwelling -Nondeadly force may be used to prevent or terminate what is reasonably regarded as an unlawful entry into or attack on Defenders dwelling -Deadly force used only to prevent a violent entry w/ intent to commit personal attack or entry to commit felony
Defense of other Property -Deadly force=NEVER -Nondeadly force=defend prop in one's possession, cant be used if request to desist/refrain from activity would suffice -Force cant be used to regain possession of prop wronfully taken unless person using force is in immediate pursui
Crime Prevention -nondeadly force may be used to extent that it reasonably appears necessary to prevent a felony or serious breach of peace -Deadly force may be used only to terminate or prevent a dangerous felony involving risk to human life
Use of Force to Effectuate Arrest -Nondeadly use-used by police if reasonably appears necessaryto effectuate arrest -Deady force is reasonalbe only if it is necessary to prevent felons escape AND the felon threatens death or serious bodily harm
Use of Force to Effectuate Arrest: Private Persons -Nondeadly force:if a crime was in fact committed and the private person has reasonable grounds to believe the person arrested has in fact commited crime -Deadly force:only if person harmed was actually guilty of the offense for which the arrest was made
Resisting Arrest Nondeadly Force:used to resis an improper arrest even if a known officer is making the arrest Deadly Force: used only if the person doesn't know that the person arresting him is a police officer
Necessity -defense to a crime that the person reasonably believed that commission of crime was necessary to avoid an imminent and greater injury to society than that involved in the crime -Objective Test; good faith belief not sufficient -Traditional: natural for
WY: Self Defense -when self-defense or defense of others is properly raised, the jury should be specifically instructed that the state has burden to prove the absence of self-defense beyond a reasonable doubt
WY: Threat of Imminent Death or Great Bodily Harm -presumed to have reason fear of imminent peril of death/serious bod inj when defending against force intended/likely to cause death/SBI -presump doesnt apply if person using force is lawful resident of home/not subject to injunct for protection from DV
WY: Battered Woman Syndrome D can introduce expert testimony that D suffered from syndrome when affirmative defense of self-defense raised Permits D to present, in support of the claim that D believed she was in imminent danger of death/SBI, testimony that she suffered from syndrom
WY: Defense of Others -Status of person aided: "better veiw": there is a defense if the D reasonably believed that person aided had the legal right to use force in his own defense
WY: Resisting Arrest -person may use force that person reasonably belives is necessary to protect himself against an officers use of excessive force; officer using excessive force is not considered to be engaged in the lawful performance of his duties
Excuse of Duress -Defense to crime other than homicide that D reasonably believed that another person would imminently inflice death/great bodily harm upon him or a member of his family if he didn't commit the crime -traditionally, threat to prop not sufficient -MPC yep
Mistake or Ignorance of Fact -relevant only if it shows that the D lacked the state of mind req'd for the crime, thus it is irrelevant if the crime imposes "strict liability" -disprove state of mind=reasonable mistake -disprove specific intent=mistake need not be reasonable
Mistake or Ignorance of Law -No Defense that the D beleived her activity would not be a crime, even if reasonable and based on advice of atty -if reliance on atty negates mental state element, such reliance can demonstarte that govt hasn't proved its case beyond a reasonable doubt
Exceptions to Mistake or Ignorance of Law -D has a defense if: 1)the statue proscribing her conduct was not published or made reasonably available prior to conduct 2)there was reasonable reliance on stat or judicial decision 3)in some juris, there was reasonable reliance on official interp/adv
Consent -Defense for Crimes requiring lack of consent (rape) & minor assaults if no dangerous of serious bodily injury -It must be established that: 1)the consent was voluntary and freely given 2)party was legally capable of consenting 3)no fraud was involved
Condonation or Criminality of Victim -forgiveness by victim=no defense -illegal conduct by the victim of a crime is no defense
Entrapment -Exists on if: 1)the criminal design originated w/ law enforcement officers; and 2)D was not predisposed to commit the crim prior to contract by the govt
WY: Excuse of Duress by Prisoners -an inmate must meet the following evident'y req'ts: 1)inmate must be faced w/ a specific threat w/ no time to complain 2)must be no evid of force toward prison personnel 3)the prisoner must immediately repor to prison personnel when danger was abated
WY: Outrageous Government Conduct -focuses purely on conduct of the govt, not D -available when police conduct is "violative of fundamental fairness and shocking to the universal sense of justice" mandated by DP
WY: Alibi -Notice of Defense is req'd -D may testify as to alibi
Offenses Against the Person -Assault -Battery -Mayhem -Homicide -False Imprisonment -Kidnapping
Battery -unlawful application of force to person of another resulting in bodily injury/offensive touching -need not be intentional -Aggravated Battery:1)battery w/ deadly weapon 2)battery resulting in serious bodily harm 3)battery of child/woman/police
WY: Battery -if person intent'ly, knowingly, or recklessly causes bodily injury to another by use of physical force
WY: Unlawful Contact Crime -he touches another person in a rude, insolent, or angry manner w/out intent'ly using sufficeint physical force to cause bodily harm
WY: aggravated Battery 1)intent'ly, knowingly or recklessly under cirucmstances manifesting extreme indifference to the value of human life, cause/attempts to cause serious bodily injury 2)attempts to cause/intent'ly, knowingly, causes bodily injury to another w/ deadly weapon
WY: Aggravated Battery Last elements 3)threatens to use drawn deadly weapon on another, unless doing so reasonably necessary in defense of person/prop/abode/prevent seroius bodily injury to another or 4)intent'ly/knowingly/recklessly causes bodily injury to woman who person knows is pregnan
Assault -either: 1)attempt to commit a battery; or 2)the intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm -Aggravated-w/ deadly weapon/intent to rape or maim) treated more severely
WY: Assault -limits assault to an unlwaful attempt to commit a battery coupled with a present ability to succeed
WY: Reckless Endangering -placing person in danger of death or serious bodily injury; or knowingly points a firearm in the direction of another, whether or not that person endangered actually believes the firearm is loaded
Common Law Criminal Homicides -criminal homicides divided into 3 catgories: 1)Murder 2)Voluntary Murder 3)Involuntary Murder
Murder -the unlwaful killing of a human being w/ malice aforethought
Murder: Malice aforethought -where no facts exist reducing killing to voluntary manslaughter & is committed w/ one of these states of mind: 1)intent to kill 2)inflict great bodily injury 3)reckless indifference to unjustifiably high risk to human life 4)intent to commit felony
Voluntary Manslaughter -a killing that would be murder but for the existence of adequate provocation
Adequate Provocation if: 1)a provocation that would arouse sudden & intense passion in mind of an ordinary person, causing him to lose self-control 2)D was in fact provoked 3)was not sufficient time btwn provocation & klling for passions to cool; & 4)D in fact didn't cool off
Reasonable Person -sudden & intense passion that would cause reasonable person to lose control -to cool, the more time that has passed the more likely a reasonble person would have cooled
Voluntary Manslaughter: Imperfect Self-Defense -murder may reduced to manslaughter even though: 1)D was at fault in starting altercation 2)the D unreasonably but honestly believed in the necessity of responding with deadly force
Involuntary Manslaughter -was committed w/ criminal negligence (recklessness under MPC) or, in some states during the commission of an unlawful act -foreseeabilty of death may be a req't
Statutory Modification of Common Law Classification -murder is divided into degrees by statute. A murder will be 2nd Degree murder unless: 1)Deliberate and Premeditated 2)First Degree Felony Murder -makes it 1st degree murder
Deliberate and Premeditated -If D made the decision to kill in a cool and dispassionate manner & actually reflected on the idea of killing, even if only for a very brief period=1st degree murder
1st Degree Felony Murder -a killing committed during the commission of an enumerated felony=felony murder and called first degree murder -
WY:Statutory Modification of Common Law Classification -Classifies homicide cases as: 1st degree, 2nd degree murder, and manslaughter -also category of drug-induced homicide
WY: First Degree Murder -may be convicted of this if: 1)person kills another purposely $ w/ premeditated malice 2)when person kills another in perpetration of any sexual assault, arson, robbery, burglary, escape, resisting arrest, kidnapping, or abuse of child under age of 16
Felony Murder -any death caused by the commission of, or in an attempt to commit, a felony is murder -malice is implied from the intent to commit the underlying felony
WY: Felony Murder -1st degree -unlisted crime may be 2nd degree murder or manslaughter
WY: Second Degree Murder -a person may be convicted of 2nd degree if he puposely and maliciously, but w/out premeditation, kills any human being -general intent crime that requires proof of acting purposely, voluntrily, not that D deliberately killed
WY: Second Degree: Malice -intentional killing another w/out legal justification or exuse under insufficient circumstances to reduce the crime to manslaughter
WY: Manslaughter -a person may be convicted of manslaughter if he unlawfully kills any human being, w/out malice, either voluntarily, in a sudden heat of passion; or involuntarily but recklessly -voluntary manslaughter is a lesser-included offense of second degree
WY: Criminal Negligent Homicide -causes death of another by conduct amounting to criminal neg -difference btwn criminally neg homicide & involuntary manslaughter is whether D consciously disregarded a substantial & unjustified risk(reckless) or failed to perceive that risk(neg)
WY: Homicide by Vehicle -proximatelly causes the death of another by operating a vehicle in a criminally negligent manner -Aggravated=proximately causes death of another by reckless operation of vehicle or by driving while intoxicated
WY: Drug-Induced Homicide 1)unlwafully delivers a controlled substance to a minor; and 2)the minor dies as a result of using the controlled substance --the offense is punishable by imprisonment for not more than 20yrs
Homicide: Causation -D's conduct must be both the cause-in-fact and the proximate cause of the victims death
Cause-in-fact "but for" Ds conduct
Proximate Causation -if the result is a natural and probable consequence of the conduct, even if the D did not anticipate the precise manner in which the result occured -superseding factors break the chain
Rules of Causation -an act that hastens an inevitable result is still the legal cause of that result -simultaneous acts of two or more persons may be independently sufficeint causes of a single result
Year and a Day Rule -for D to be liable for homicide, the death of victim must occur w/in a year and one day from infliction of injury or wond (most states have abolished)
False Imprisonment -consists of the unlwaful confinement of a person w/out his valid consent -MPC req's that confinement must "interfere substantially" w/ vitims liberty
WY: False Imprisonment -occurs when a person knowingly and unlawfully restrains another, thereby interfering substantially w/ that persons liberty
Kidnapping -unlawful confinement of a person that involves either: 1)some movement of the victim; or 2)concealmeent of the victim in a secret place Aggravated=kidnap for ransom, for purpose of committing other crimes; for offensive purposes; child stealing
WY: Kidnapping -unlawfully removes another from place of residence/businss/from vicinity in which he was @ time of removal/unlwfully confines person w/ intent to: receive ransom, use person as hostage, facilitate a felony, inflicty bodily injury, or terrorize victim
WY: Kidnapping: Req'd Movement -when theory of kidnapping is movement rather than confinement, the movement must be to a different location that is a substantial distance from the palce where the victim was originally located
WY: Felonious Restraint -knowingly restrains another, unlawfully exposing the other person to risk of serious bodily injury; or holds another in involuntary servitude
WY: Interference w/ Custody -knowingly takes or entices a minor from the minor's parent or lawful custodian; or fails or refuses to return the minor to person entitled to custody -Felony if: D is not parent 2)D is parent and knowingly conceals/refuses to reveal location of child
WY: Defenses to Interference w/ Custody -D, w/out intent to commit criminal offense w/ or against child, committed the act becasue 1) it was necessary to protect the chid or 2)the child was older than 14 and taken or not retured at child's request
Sex Offenses -Rape -Statutory Rape -Adultuery and Fornication -Incest -Seduction -Bigamy
Rape -traditonally, the unlawful carnal knowledge of a woman by a man, not her husband, w/out her effective consent -Today, "sexual assault". Slightest penetration is sufficient
Rape: Lack of Effective Consent 1)intercourse is accomplished by actual force or 2)by threats of great & immediate bodily harm 3)victim incapable of consenting due to unconsciousness/intoxication/mental condition; or 4)victim fraudently caused to believe act isnt intercourse
Statutory Rape -carnal knowledge of a person under age of consent; it isn ot necessary to show lack of consent -strict liability crime
Adultery and Fornication -Adultery committed by both parties to sexual intercourse if either is validly married to someone else (behavior is open and notorious) -Fornication\=sexual intercourse or open and notorious cohabitation by unmarried persons
Incest -marriage or a sexual act btwn closely related persons
Seduction -inducing, by promise of marriage, an unmarried woman to engage in intercourse -MPC deosn't require chastity or that female be unmarried
Bigamy -Common law strict liablity offense of marrying someone while having another living spouse
WY: Defining Sexual Contact -touching, w/ the intention of sexual arousal, gratification or abuse, of the victims intimate parts by the actor, or of the actors intimate parts by the victim, or of the clothing covering the immediate area of the victims or actors intimate parts
WY: Defining Sexual Intrusion 1)any intrusion by any object or any part of a persons body, except mouth, tongue, or penis, into the genital/anal opening of persons body if that sexual intrusion can reasonably be constured as being for sexual arousal/gratification/abuse
WY: First Degree Sexual Asssault 1)actor causes submission of victim by physical force/forcible confinement; 2)actor causes submission of victim by threat of death/serious bodily injury/extreme physical pain/kidnapping and victim reasonably believes actor has ability to execute threat
WY: First Degree Sexual Asssault Cont.... 3)victim is physically helpless, & actor knows the victim is physically helpless and victim has not consented; or 4)actor knows that, due to mental deficiency, developmental disability, or mental illness, victim can't apprise nature of victim's conduct
WY: Second Degree Sexual Assault -an actor who inflicts sexual intrusion on a victim commits 2nd degree sexaul assault, if, under circumstances not constituting 1st degree, the actor: 1)casues submission of victim by threatening to retaliate in future against victim or family
WY: Second Degree Sexual Assault Cont... and victim reasonalby belives the actor will execute threat; 2)causes submission of victim by any means that would prevent resistance by a victim of ordinary resolution
WY: Second Degree Sexual Assault Cont... 3)adminsters, or knows that someone else has administered, w/out prior knowledge or consent of victim, any substance that substantially impairs the victims pwr to appraise or control her conduct
WY: Second Degree Sexual Assault Cont... 4)knows or reasonably should know that victim submits while erroneously believing the actor is the victim's spouse 5)is in a position of authority over victim and uses this postion to cause the victim to submit
WY: Second Degree Sexual Assault Cont... 6)inflicts sexual intrusion in the treatment or examination of a victim for purposes or in a manner substantially inconsistent w/ reasonable medical practices; or 7)subjects another person to sexual contact and causes serious bodily injury to victim
WY: 3rd Degree Sexual Assault -subjects victim to sexual contact under any of the circumsances listed in 1st and 2nd, w/out inflicting sexual intrusion on the victim and w/out causing serious bodily injury to victim
WY:1st Degree Sexual Abuse of a Minor 1)16 or under, inflicts sexual intrusion on victim under 13 2)18 or older, vicitm younger than 18 & actor is victims legal guardian/parent/stepparent/blood relative 3)18 or older, victim under 16 & actor occupies position of authority
WY: 2nd Degree Sexual Abuse of Minor 1)17 or older, sexual intrusion victim 13-15 & victim @ least 4yrs younger 2)16 or older, sexual contact of victim younger than 13 3)18 or older, younger than 18 & actor is victims guardian, etc 4)18 or older, younger than 16, actor position of authori
WY: 3rd Degree Sexual Abuse of Minor 1)17, sexual contact 13-15, 4yrs younger 2)20, sexual intrusion of 16-17, 4yrs younger, position of auth 3)< 16, sexual intrusion <13, 3 yrs younger 4)17, knowingly takes immodest/immoral/indecnet liberties w/ victim younger than 17, 4 yrs younger
WY: 4th Degree Sexual Abuse of Minor 1)< 16, sexual contact < 13 & 3yrs younger thatn actor 2)20, sexual contact w/ 16 or 17 & 4yrs younger and actor occupies position of authority in relation to victim
WY: Criminality of Conduct: Victims age -it is an affirmative defense that the D reasonably believed the victim was 16 or older. -younger that 14, not a defense that D didn't know victims age or that D reasonably believed victim was older
Property Offenses -Larceny -Embezzlement -False Pretenses -Robbery -Extortion -Receipt of Stolen Property -Theft -Forgery -Malicious Mischief
Larceny 1)a taking 2)and carrying away 3)of tangible personal property 4)of another w/ possession 5)by trespass 6)w/ intent to permanently deprive that person of her interest in the prop
Larceny: possession -must be taken from the custody or possession of another
Larceny: Intent to Permanenty Deprive -At the time of taking D intended to permanently deprive person of prop -intent to create substantial risk of loss, intent to sell or pledge goods-sufficient
Larcency: Misc -larceny can be committed w/ lost or mislaid prop or prop that has been delivered by mistake, but not with abandoned prop
"Continuing Trespass" -D wrongfully takes prop w/out intent to permanently deprive and later decides to keep prop, she is guilty of larceny when she decides to keep it -if original taking not wrongful and she later decides to keep, not larceny
Embezzlement 1)the fraudulent 2)conversion 3)of personal property 4)of another 5)by a person in lawful possession of that prop
WY: Larceny -if the market value of prop is $1,000 or more, the larceny is a felony -"livestock rustling" is a specific type of larceny and is a felony regardless of value
WY: Embezzlement -common law embezzlement is included under larceny statute
False Pretenses 1)obtaining title 2)to personal prop of another 3)by an intentional false statement of a past or existing fact 4)with intent to defraud the other --tricked inot giving up title to prop
"Larceny by Trick" -tricked by misrep of fact into giving up mere custody of property
WY: False Pretenses -state req'd to prove: 1)promises/pretenses made by D 2)the promises/pretenses were false 3)property was obtained by reason of promises/pretenses 4)D knew promises/pretenses were false 5)D had intent to defraud -misrep must relate to present or past
WY: Theft of Identity -a person who willfully obtains the personal indentifying info of another & uses that info for any unlawful purpose w/out consent of that person is guilty of theft of identity
Robbery 1)a taking 2)of personal prop of another 3)from the other's person or presence 4)by force or threats of immediate death/physical injury to the victim, a member of his family, or person in victims presence; 5)w/ intent to permanently deprive him of it
WY:Aggravated Robbery -he inflicts or attempts to inflcit serious bodily injuyr, or if he uses a deadly weapon or simulted death weapon
Extortion -the corrupt collection of an unlawful fee by an officer under color of office -obtaining prop by means of thtreats to do harm
Receipt of Stolen Property 1)receiving possession and control 2)of "stolen" personal property 3)known to have been obtained in a manner constituting a criminal offense 4)by another person 5)w/ intent to permanently deprive the owner of his interest in it
WY: Receipt of Stolen Property -person who buys, receives, conceals, or disposes of prop that he knows, believes or has reason to believe was obtained in violation of law commits this crime, a felony if prop is worth more that $1000
Theft -under modern statutes and MPC, some or all of the mentioned prop offenses are combined and defined as "theft"
Forgery 1)making or altering 2)a writing w/ apparent legal significance 3)so that it is false 4)with intent to defraud
Uttering a forged instrument 1)offering as genuine 2)an instrument thatmay be the subject of a forgery and is false 3)with intent to defraud
Malicious Mischief 1)the malicious 2)destruction of or damage to 3)the property of another -Malice req's no ill will or hatred, but req's that the damage or destruction have been intended or contemplated by D
Offenses Against the Habitation -Burglary -Arson
Burglary 1)a breaking 2)and entry 3)of a dwelling 4)of another 5)at nighttime 6)with the intent to commit a felony in the stucture
WY: Burglary -eliminates nighttime and dwelling elements -occupied structure and vehicles may be burglarized -burlary to enter and remain in structure -aggravated if person is armed,etc
Arson 1)the malicious 2)burning 3)of the dwelling 4)of another --mere charring is sufficient, blackening/smoke damage not
House Burning 1)a malicious 2)burning 3)of ones own dwelling 4)if the structure is situated either in a city or town, or so near to other houses as to create a danger to them
WY: Arson -1st Degree=maliciously starts a fire or causes an explosion with intent ot destroy or damage an occuped structure -2nd degree=req's intent to destroy prop in order to collect insurance proceeds
Perjury -the intentional taking of a false oath in regard to a material matter in a judicial proceeding
Subornation of Perjury -consists of procuring or inducing another to commite perjury
Bribery -the corrupt pymt or receipt of anything of value for official action -may be extended to nonpublice officials and either the offering of a bribe or the taking of a bribe may constitute crime
Compounding a crime -agree, for valuable consideration, not to prosecute another for a felony or to conceal the commission of a felony, or whereabouts of a felon
Misprison of A felony -the failure to diclose knowledge of the commission of a felony or to prevent the commission of a felony -under modern rules, no longer a crime, or if it remains a crime it req's some affirmative action in aid of felony
WY: Misdemeanor Interference w/ Police Officer -knowingly obstructs, impedes, or interferes w/ or resists arrest by a peace officer while peace officer is engaged in lawful performance of officeal duties (general intent)
WY:Felony Assault on Police Officer -intentionally and knowingly causes, or who attempts to cause, bodily injury to a peace officer while the peace officer is engaged in the lawful performance of his official duties -Specific intent crime
WY:Felony Injury to a Police Dog -willfully and knowingly inflicts serious bodily harm, permanent disability or death upon a police dog, police horse, or search and rescue dog is guilty of a felony
WY: DWUI -no person may drive/have actual physical control of vehicle if: 1)BAC of .08% or more 2)is under the influence of alcohol, a controlled substance, or a combination thereof, to such a degree that person is incapable of driving safely
WY: Implied Consent Law -a person who drives in WY deemed to have given consent to chemical tests of blood, breath or urine for purposes of determining BAC. -suspension of ID not punishment
WY: Implied Consent Advisement 1)failure to submit results in suspension of WY ID/priv to drive for 6mos(1st)/18mos(2nd) 2)test is taken, & under influence, subject to crim penalties, ID suspended 9mos 3)may go to nearest hospital, add'l tests 4)refusal=not eligible for limited driv
WY: Vehicular Homicide -aggravted homicide if he operates a vehicle while intoxicated and causes the death of another
WY: Misdemeanor under 21 -anyone under 21 who has any alcoholic drink in his possession, or who is drunk or under the influence of alcoholic liquor is gulity -possession doesn't have to be in public place -BAC of .02% may not operate vehicle
WY: Open Container While driving -against the law to drive a car on a public st or highway while consuming or possessing any alcoholic beverages unless it is in the original, unopened container, the seal of which has not been broken
WY: Stalking -w/ intent to harras another person, the person engages in a course of conduct that is reasonably likely to harass the other person
WY: voyeurism -w/out consent of person being viewed, looks in a secretive manner into an enclosed area in which person being viewed has a reasonable expectation of privacy -guilty if used a camera, or other recording device, to record person
WY: Criminal NonSupport -misdemeanor for parent to faily to provide, w/out just cause or lawful exuse, for the support of a child
WY: Unlwaful manufacturing, Delivery, or Possession of controlled substance -jury may consider evidence: 1)of physcial appearance of controlled sub involved 2)that sub produced the expected effects when sampled 3)that sub was used in manner of illicit drug 4)testimoy of high price paid 5)transaction in secret 6)name same
WY: endangering chilren -no person sahll knowingly & willfully cause or permit any child to take any meth or to enter or remain in any room/dwelling/or vehicle inwhich person knows meth is being manufactured/stored
WY: Aggravated Cruelty to Animals -knowingly torture, cruelly beat, torment, injure, or mutilate an animal w/ intent to cause death, injury or undue suffering if it results in the death or req's euthanasia of animal
Created by: sachav3
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