INTRO TO
CRIMINAL LAW
Prosecuting Crimes
WHAT IS A CRIME?
Crime: an act or failure to act that
violates the law and has a penalty set by
the government
ELEMENTS OF A CRIME
Illegal Act: a person commits an act that
violates the law
Exception: Crime of Omission- failure
to perform an act required by law (paying
taxes)
ELEMENTS OF A CRIME
State of Mind: awareness that an act was
done purposely, intentionally, or recklessly
Exception: Strict Liability-crime that
does not require a guilty state of mind
(selling alcohol to a minor, statutory rape)
ELEMENTS OF A CRIME
Motive: Reason for committing a crime
CLASSES OF CRIMES
Felony: punishment is more than one
year of imprisonment
Misdemeanor: punishment is one
year or less of imprisonment
PARTIES TO CRIMES
Principal: person who commits a crime
Accomplice: person who physically helps
the principal commit the crime
 same charges as the principal
PARTIES TO CRIMES
Accessory before the fact: person who
orders a crime or helps set up the crime
ahead of time
same charges as the principal
Accessory after the fact: person who
knows a crime was committed and helps the
principal/accomplice avoid capture
charged with different crime of harboring a
fugitive or obstructing justice
PRELIMINARY CRIMES
Solicitation: ask, order, urge, or advise
another person to commit a crime
Attempt: all of the elements of the crime
are fulfilled except the intended result
Conspiracy: agreement between two or
more people to commit a crime; requires an
overt (open to view) act for conviction