Uploaded by didihill14

elements 2

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ELEMENTS
First Degree Murder
1. Defendant unlawfully killed victim
2. Defendant acted intentionally
3. The killing was premeditated
Second Degree Murder
1. Defendant unlawfully killed victim
2. Defendant acted knowingly
Voluntary Manslaughter
1. Defondant unlawfully killed victim
2. Defendant acted intentionally or knowingly
3. Killing resulted from a state of passion produced by adequate provocation sufficient
to lead a reasonable person to act in an irrational manner
Rape
1. Unlawful sexual penetration and
2. a. force or coercion used or
b. without consent or
c. victim mentally defective, mentally incapacitated or physically helpless
d. defendant accomplished sexual penetration by fraud and
3. Intentionally knowingly or recklessly
False Imprisonment
1. Defendant removed or confined another unlawfully so as to interfere substantially
with the other's liberty
2. Knowingly
Assault
A. 1. Defendant caused bodily injury
2. Recklessly
B. 1. Defendant caused another to be in reasonable fear of imminent bodily injury
2. Knowingly
C. 1. Defendant caused physical contact
2. Reasonable person would regard contact as extremely offensive or provocative
3. Knowingly
Theft of Property
1. Defendant knowingly obtained or exercised control over property owned by another
2. Defendant did not have owner's consent
3. Defendant intended to deprive the owner of the property
_)
. .·.
Theft of Services
A. 1. Defendant obtained services
2. Services obtained by deception fraud coercion forgery false statement
3. Intentionally or
B. 1. Defendant had control over disposition of services to others
2. Defendant diverted those services to his own benefits
3. Knowingly or
C. 1. Defendant absconded from establishment where compensation for service paid
immediately
2. Without payment or bone fide offer to pay
3. Knowingly
Aggravated Burglary
1. Defendant entered a habitation
2. With intent to commit a felony, theft or assault
3. Without consent of the owner
4. Intentionally, knowingly or recklessly
Robbery
1.
2.
3.
4.
Defendant knowingly obtained property owned by another
Without owner's consent
Intended to deprive owner of the property
Defendant tool the property from the owner by violence or by putting the person in
fear
5. Knowingly
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