Crimes Against Property
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| 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
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| 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"
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| 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.
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| 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.
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| 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
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| Scope of Conspiracy II | 2) such notice is timely giving the other members the opportunity to abort their plans.
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| Accomplice Liability (SI) | 1)Gives aid or encouragement with
2)Intent to achieve same criminal objective
"Scope":all crimes "reason. foreseeable"
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| Battery and Assault | -Battery-General intent crime
--Unlawful application of force
-Assault-Specific intent crime
1)Attempted Battery type
2)Intent to Frighten type
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| Accessory After the Fact | -Knows of a completed crime, and
-Gives aid to hinder apprehension or conviction
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| 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
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| Theft Crimes II | Both crimes require a false representation of a past or present material fact.
-Receiving Stolen Property
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| False Pretenses (SI) | False representation of a past or present material fact which causes the victim to pass title to the wrongdoer
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| Embezzlement (SI) | Fraudulent conversion of the personal property of another by one in lawful possession.
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| 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.
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