CRIMINAL LAW ................................................................................................................. 2
1.
Overview ......................................................................................................................... 2
1.2 Jurisdiction .............................................................................................................................................. 2
2. Essentials of a Crime............................................................................................................. 2
2.1 Elements of a Crime ................................................................................................................................ 2
2.2 Physical Act ............................................................................................................................................. 2
2.3 Mental State ............................................................................................................................................ 2
2.4 Concurrence of Mental Fault with Physical Act ...................................................................................... 3
2.5 Causation................................................................................................................................................. 3
3. Accomplice Liability .............................................................................................................. 3
3.1 Parties to a Crime .................................................................................................................................... 3
3.2 Mental State- Dual Intent Required ........................................................................................................ 3
3.3 Scope of Liability ..................................................................................................................................... 3
4. Inchoate Offenses ................................................................................................................ 3
4.1 Conspiracy ............................................................................................................................................... 3
4.2 Solicitation............................................................................................................................................... 4
4.3 Attempt ................................................................................................................................................... 5
5. Homicide ............................................................................................................................. 5
5.1. Common Law Murder ............................................................................................................................ 5
5.2. Statutory Modifications ......................................................................................................................... 5
5.3. Felony Murder ........................................................................................................................................ 5
5.4. Voluntary Manslaughter ........................................................................................................................ 6
5.5. Involuntary Manslaughter ...................................................................................................................... 6
5.6 Causation................................................................................................................................................. 6
6. Other Offenses Against the Person ....................................................................................... 6
6.1 Battery ..................................................................................................................................................... 6
6.2. Assault .................................................................................................................................................... 6
6.3 False Imprisonment ................................................................................................................................. 6
6.4 Kidnapping .............................................................................................................................................. 6
6.5 Rape ........................................................................................................................................................ 6
6.6 Statutory Rape ........................................................................................................................................ 7
7. Property Offenses ................................................................................................................ 7
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
Larceny ............................................................................................................................................ 7
Embezzlement ................................................................................................................................ 7
False Pretenses ............................................................................................................................... 7
Robbery........................................................................................................................................... 7
Extortion ......................................................................................................................................... 7
Receipt of Stolen Property .............................................................................................................. 8
Theft ................................................................................................................................................ 8
Forgery ............................................................................................................................................ 8
Burglary ........................................................................................................................................... 8
Arson ............................................................................................................................................... 8
8. Defenses .............................................................................................................................. 8
8.1 Insanity .................................................................................................................................................... 8
8.2 Intoxication ............................................................................................................................................. 8
8.3 Infancy ..................................................................................................................................................... 9
8.4 Self-Defense ............................................................................................................................................ 9
8.5 Excuse of Duress ..................................................................................................................................... 9
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8.6 Necessity ............................................................................................................................................... 10
8.7 Mistake/Ignorance of Fact .................................................................................................................... 10
8.8 Mistake/Ignorance of Law..................................................................................................................... 10
8.9 Entrapment ........................................................................................................................................... 10
9. Offenses Involving Judicial Procedure ................................................................................. 10
9.1 Perjury ................................................................................................................................................... 10
9.2 Subordination of Perjury ....................................................................................................................... 10
9.3 Bribery ................................................................................................................................................... 10
9.4 Compounding a Crime ........................................................................................................................... 10
9.5 Misprision of a Felony ........................................................................................................................... 10
CRIMINAL LAW
1. Overview
A person who actually commits a physical act that has been made illegal by law with the
accompanying state of mind may be charged with and convicted of a crime. (If either the act
or intent is lacking, the defendant is not guilty of that crime.) Additionally, any person who is
an accomplice to that person also may be charged with and convicted of the crime. The law
will list the physical acts and mental state(s) required for crime; these are called elements of
the crime. Crimes include not only actual criminal acts, but also certain preparatory crimes
(“inchoate offenses”). The study of crimes requires the study of the elements of the offense and
the elements of a defense that the accused may raise.
1.2 Jurisdiction
 A state has jurisdiction over a crime when:
o Crime was committed in the state
o Crime outside the state had consequence/result in the state
o Crime involved neglect of a duty imposed by state law
2. Essentials of a Crime
2.1 Elements of a Crime
 Actus Reus
 Mens Rea
 Concurrence of mental state and act
2.2 Physical Act
 There must a voluntary physical act (or omission).
 Failure to act creates liability if there is a legal duty to act, the ∆ had knowledge of the
facts and it was reasonably possible for them to perform duty.
 Legal Duty to Act
1. By statute
2. By contract
3. By relationship
4. By voluntary assumption of care
5. By creating peril for the victim
2.3 Mental State
 Specific Intent Crimes: Solicitation, Conspiracy, Attempt, First Degree Pre Meditated
Murder, Larceny, Embezzlement, False Pretenses, Robbery, Burglary, Forgery
MNEMONIC: Students Can Always Fake a Laugh, Even For Ridiculous Bar Facts
 Common Law Murder requires no specific intent. Common Law Attempted Murder
requires specific intent to kill.
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
Malice Crimes: Common Law Murder and Arson  Intent Necessary. Defenses of
Specific Intent Crimes do NOT apply to Malice Crimes.
 General Intent covers all crimes except malice crimes, specific intent crimes and strict
liability acts
 Consent of π, intent of ∆ and mistake of fact are never defenses in strict liability.
 MPC discards specific and general intent and focusses on
o Purposely, Knowingly, or Recklessly Doing Something
o Negligence  objective standard is used to show the ∆ acted very unreasonably
 Vicarious Liability is limited to regulatory crimes and punishments is limited to fines.
 Corporations may be held liable under statutes for crimes
 Transferred intent applies to homicide, battery, and arson. Does NOT apply to attempt.
There are always two crimes and two victims in the TI questions.
2.4 Concurrence of Mental Fault with Physical Act
2.5 Causation
 ∆’s conduct must be both cause in fact and the proximate cause of the specified result.
3. Accomplice Liability
3.1 Parties to a Crime
 Common Law:
1. Principal in the first degree
2. Principal in the second degree
3. Accessory before fact
4. Accessory after fact
 Modern Statute
1. Principal
2. Accomplice
3. Accessory after the fact: Assisting someone after they have completed the
crime.
3.2 Mental State- Dual Intent Required
 To be an accomplice of a substantive crime one must have the (1) intent to assist and
(2) intent that principal commit the crime.
 Provision of ordinary goods while having mere knowledge that a crime may be
committed is not sufficient for accomplice liability
3.3 Scope of Liability
 Accomplice is only liable to the same extent as the principal for the crimes they did or
counselled in the course of a commission of a crime as long as they were probable or
foreseeable
 Exclusion from Liability
o Members of Protected Class
o Necessary Party Not Provided For
o Withdrawal
 Accomplice must withdraw before crime is unstoppable. They should
repudiate, neutralize or notify the police.
4. Inchoate Offenses
4.1 Conspiracy
 Ingredients:
o Agreement between 2 or more people
o With the intent to enter agreement
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o An intent by 2 or more people to achieve the objective of agreement
o Object must be unlawful or achievement of lawful object by unlawful means.
 Agreement
o Bilateral/ Common Law Approach: 2 parties committed to the illegal plan. If
one person is pretending other can’t be held liable.
o Unilateral/ Modern Approach: 1 party with genuine criminal intent.
o Wharton Rule: crime that requires two parties cannot be object of conspiracy.
A third person is necessary for the rule to apply. WR doesn't apply to necessary
parties. WR also protects people in protected class. Thus, if agreement is b/t
protected and non-protected person, the non-protected person can’t be guilty of
conspiracy.
o Acquittal of co-conspirators precludes conviction of remaining ∆.
 BUT in some states conviction for one conspirator is allowed when coconspirator/s is/are acquitted in separate trial.
 Intent:
o Specific Intent is necessary. Parties must intent to agree AND achieve the
objective of the conspiracy.
 Overt Act:
o Common Law Conspiracy is achieved when there is an agreement with requisite
intent is reached.
o Modern Law Conspiracy requires above stated + act in furtherance of
agreement. Mere preparation suffices.
 Termination of Conspiracy:
o Conspiracy terminates upon completion of objective.
o Acts of concealment are not part of the conspiracy.
o Govt.’s defeat of conspiracy objective does not terminate conspiracy.
 Liability for Co-Conspirator’s Crime
o Co-conspirator only liable for crimes of partner if (1) said crime is committed
in furtherance of object AND (2) foreseeable.
 Defenses
o Factual impossibility is NOT a defense
o Withdrawal is not a defense because conspiracy is complete with intentional
agreement and act in furtherance of the same. Withdrawal may be a defense to
crimes committed in furtherance of the conspiracy.
 Merger
o Completed crime and conspiracy CANNOT be merged.
4.2 Solicitation
 Ingredients: asking, inciting, counselling, advising, urging or commanding + intent that
other person commit crime.
o Person agreeing to commit crime is not necessary.
 Defenses:
Person solicited not convicted
Not a defense
Factual impossibility of crime
Not a defense
Withdrawing/renouncing solicitation Not a defense
Exemption due to legislative intent
Defense
*Renunciation can only be a defense if solicitor prevents person, he solicited from
committing the crime.
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
Merger: If person being solicited agrees then the solicitor will be held liable for the
crime (actual/attempt/conspiracy). He can’t be punished for both solicitation and the
other offense.
4.3 Attempt
 Ingredients: (1) specific intent AND (2) overt act in furtherance of crime
 Intent: To be guilty ∆ must intentionally perform the act which, if it was
completed/achieved, would have the desired result.
Attempted Murder = specific intent to murder + act in furtherance of intent
Murder= specific intent not necessary.
 Overt Act:
o Common Law  proximity test is used whereby act must be dangerously close
to successful completion
o Model Penal Code  substantial step is taken in the course of conduct that
would lead to the completion of crime
 Defenses:
o Abandonment is not a defense at common law but is a defense under the MPC
if abandonment is complete and fully voluntary.
o Legal Impossibility is a defense.
o Factual Impossibility is not a defense.
5. Homicide
5.1. Common Law Murder
 Killing with malice aforethought is common law murder.
 Malice Aforethought:
o Intent to kill
o Intent to inflict great bodily injury
o Reckless indifference to an unjustifiably high risk to human life
o Intent to commit a felony
5.2. Statutory Modifications
1. First Degree Murder
a. Premeditated First Degree Murder: Intentional killing of another person by
someone who has acted willfully, deliberately, or with planning.
b. First Degree Felony Murder: Killing another person during commission of
enumerated felony.
c. Others: murdering a police officer with the knowledge that he is a cop or
killing someone while torturing them is also FDM.
2. Second Degree Murder
a. Murder done due to reckless indifference towards human life
b. Any murder that is not first degree murder
5.3. Felony Murder
 Death during commission, or in attempt to felony, even accidental.
 Types of felonies under common law: rape, arson, burglary, kidnapping, robbery.
MNEMONIC: BARRK
 Limitations of liability:
o ∆ must have committed or attempted to commit felony.
o Felony should be distinct from killing itself
o Death must be foreseeable
o Death must have caused before fleeing the scene.
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o ∆ not liable for felony murder when co-felon because of some resistance
during the felony.
 Proximate Cause Theory minority view: felon liable for deaths of innocent victims
caused by someone other than co-felon.
 Agency Theory majority view: felon liable only if killing by felon or agent.
5.4. Voluntary Manslaughter
 A killing that would be a murder but for the existence of adequate provocation.
 Provocation  (1) sudden and intense passion (2)∆ being provoked (3) not sufficient
time to cool off (4) ∆ didn't cool off
 Imperfect Self-Defense: Murder may be reduced to manslaughter if (1)∆ started the
fight or (2) ∆ unreasonably but honestly felt the need to necessitate self defense
5.5. Involuntary Manslaughter
 Killing committed with criminal negligence (or recklessness under MPC).
 Killing committed during misdemeanor (not enumerated felony).
5.6 Causation
 ∆’s behavior must be cause-in-fact and proximate cause of the victim’s death.
o Cause-in-fact: but for causation
o Proximate Cause: natural and probable consequence of the act.
 Limitations: (1) Year and a Day Rule discarded (2) Intervening Acts- negligent medical
care or refusal to get treatment doesn't absolve ∆ of liability.
6. Other Offenses Against the Person
6.1 Battery
 Battery is the unlawful application of force leading to bodily injury or offensive
touching. Force need not be directly applied.
 A general intent crime.
 Aggravated Battery:
 Battery with deadly weapon
 Battery resulting in serious bodily harm
 Battery against child, woman, or police officer
6.2. Assault
 Attempt to commit battery
 Intentional creation of reasonable apprehension of bodily harm
 Aggravated Assault
o Attempt to commit battery with deadly weapon
o Attempt to commit with battery with the intent to rape, maim, or murder.
6.3 False Imprisonment
 Unlawful confinement of person without their consent.
 MPC  confinement should substantially interfere with the victim’s liberty.
 Alternate and reasonable should NOT be available.
6.4 Kidnapping
 Unlawful confinement of person involving (1) movement of victim or (2)
concealment of the victim in secret place
6.5 Rape
 Gender neutral sexual assault. Slightest penetration is enough.
 Intercourse should be without effective consent.
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
Lack of effective consent:
o Intercourse by actual force
o Intercourse due to threat of great and immediate bodily harm
o Victim incapable of consent
o Victim defrauded into believing that act is not intercourse.
6.6 Statutory Rape
 A strict liability crime. Not necessary to show lack of consent.
 ∆ can’t use reasonable mistake about victim’s age as defense.
7. Property Offenses
7.1 Larceny
 A taking (obtaining control) and carrying away (asportation) of tangible personal
property of another with possession by trespass (without consent or consent induced
by fraud) with intent to permanently deprive of interest in property.
o Insufficient if believe property is theirs or intends to borrow or keep as
repayment of debt
 Can be committed with lost or mislaid property or abandoned property.
 Continuing Trespass: If ∆ had the permission to take something but then later decided
to keep for self  not larceny. If ∆ wrongfully takes property without the intent to
deprive but later keeps it  larceny committed after intention came into being.
 Larceny is a specific intent crime.
7.2 Embezzlement
 Fraudulent conversion of another’s property by person who has lawful possession of
that property.
 Different from larceny because ∆ has rightful possession.
 Restoring exact property  not embezzlement. Restoring by similar/identical
property  embezzlement. Currency notes replaced by different currency notes
Embezzlement.
 IMP NOTE: Trustee is often embezzler. Not necessary to carry away property,
possession is enough. Embezzler does not have to get the benefit.
7.3 False Pretenses
 Obtaining title to another’s property by intentional false statement of fact with intent
to defraud.
 MPC law requires false representation including a false promise to perform in the
future.
 IMP NOTE: If π is tricked into giving possession  larceny by trick. If π is tricked
into giving away title  false, pretenses.
7.4 Robbery
 Taking property of another from the other’s person or presence by force or threats
with intent to permanently deprive.
 π must feel threatened (of imminent harm) and give up property due to that.
 Simulation of deadly weapon elevates normal robbery to armed robbery.
7.5 Extortion
 Common Law Extortion: Corrupt collection on an unlawful fee by an officer.
 Modern Extortion: Obtaining property by means of threats to do harm or expose
information.
 Sometimes, crime is complete when threats are made with intent to obtain property.
Property need not be obtained.
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 Difference from Robbery: threat is of future harm.
7.6 Receipt of Stolen Property
 Receiving property, which is known to be stolen by another person, with intention of
depriving owner permanent.
 Possession doesn't have to be manual. ∆ can be held liable if he arranges a sale to a
third party (known as fencing).
7.7 Theft
 Under the MPC all the above crimes are generally clubbed together as theft.
7.8 Forgery
 Making or altering a writing with apparent legal significance so that it is false with the
intent to defraud.
7.9 Burglary
 Common Law Burglar  breaking, entering of dwelling of another at nighttime with
intent to commit a felony in the structure (not barn or commercial structure).
 Actual Breaking v. Constructive Breaking: AB is normal breaking, and CB is
breaking by fraud or threat.
 Modern Law  eliminates technicality like ‘dwelling’, ‘nighttime’, ‘intent to commit
felony’ (misdemeanor is also sufficient).
7.10 Arson
 Common Law: Malicious (reckless disregard or intent) burning of another’s dwelling.
 MPC:
o Includes commercial structures
o Reckless disregard is sufficient, intent not necessary,
o Some damage must be done (scorching888 x charring )
8. Defenses
8.1 Insanity
 Can be a defense to all crimes.
 M’Naghten Rule (right wrong test): ∆ can be acquitted if mental disease causes defect
of reason. Meaning that that he didn't know the wrongfulness of actions or understand
nature and quality of actions.
 Irresistible Impulse Test (self-control test): ∆ can be acquitted if because of mental
illness he was unable to control actions OR conform conduct to law.
 Durham Test (NH Test): ∆ can be acquitted if the crime was product of mental illness.
 MPC Test (combo of MN Rule and II Test): ∆ can be acquitted if he had mental illness
or defect and lacked substantial capacity to EITHER appreciate criminality of act OR
conform conduct to the law.
 Burden of Proof:
o Common Law: preponderance of evidence
o MPC: beyond reasonable doubt
o Federal Court: clear and convincing evidence
 Defense of insanity can be raised after the plea of not guilty has been raised.
 Diminished Capacity is a defect short of insanity. Defense of DC is normally limited
to specific intent crimes.
8.2 Intoxication
 Voluntary Intoxication:
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o Defense to Specific Intent Crimes1
o Addicts and alcoholics  voluntary intoxication for MBE questions
 Involuntary Intoxication:
o (1) Lack of Knowledge, (2) Duress, (3) Medication effects of which are
unknown
o Can be defense to all crimes.
8.3 Infancy
 Common Law
o Under age 7 = No Criminal Liability
o Age 7-14 = Rebuttable presumption child unable to understand wrongfulness of
acts
o Age 14 and older = Treated as adult
 Modern Law- no criminal liability till age 13-14.
8.4 Self-Defense
 Immediacy of threat is a MUST.
 Non-Deadly Force justified if ∆ is without fault and acted to prevent imminent injury
to self or threat to property.
 Deadly Force justified if ∆ is without fault, confronted with unlawful action, the
reasonable and imminent result of which could be death or serious bodily injury.
All three elements must be present. If one element is missing, ∆ may be held liable for
involuntary manslaughter.
 Retreat  majority view  no duty. Retreat  minority view  retreat necessary
unless (1) ∆ is at home, (2) ∆ is making lawful arrest or (3) ∆ being robbed.
 Aggressor can only this defense if (1) he withdrew and communicated or (2) minor
fight escalated to deadly altercation.
 Defense of Others: (1) reasonable belief that third party has right to use force (2)
special relationship not necessary
Minority View: relationship is necessary
 Defense of Dwelling: (1) non-deadly force allowed if reasonable belief that there will
be unlawful entry OR attack on dwelling. (2) Deadly force allowed to prevent
violent entry AND reasonably belief of attack on self or someone else in the dwelling
OR commission of felony.
 Defense of Property:
o Defending Possession: Deadly force NOT allowed for defense of property.
Non-Deadly force may be used to prevent imminent, unlawful interference.
o Regaining Possession: Force may be used to regain possession of property,
which ∆ reasonably thought was wrongfully taken, while in immediate.
pursuit of taker.
 Crime Prevention: NF can be used to prevent breach of peace and felony. DF can be
used to prevent dangerous felony and protecting human life.
8.5 Excuse of Duress
 Defense can be raised if ∆ reasonably feared imminent death or bodily harm if he
didn't commit a crime. Always involves human threat.
 Not a defense for intentional homicide.
 Threats to third person can be sufficient to establish defense of duress.
 MPC  Threat to property gives rise to duress defense. Value of Property > Harm to
Society.
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Conspiracy, Attempt, Solicitation, First Degree Murder, Robbery, Burglary, Larceny, Forgery, False Intent
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8.6 Necessity
 ∆ reasonably believed commission of crime was necessary to avoid imminent and
greater injury to society.
 Objective test is used to determine the same.
8.7 Mistake/Ignorance of Fact
 Relevant only if ∆ can show he required the lacked state of mind required for crime.
 Specific Intent  Mistake can be unreasonable
 Any other state of mind  Mistake must be reasonable.
8.8 Mistake/Ignorance of Law
 Not a defense to say that they didn't know their act was a crime. Reasonability or
advice of attorney doesn't matter.
 Exception:
o Law was not made public
8.9 Entrapment
 When intent to commit crime originates with law enforcement officer AND ∆ was not
predisposed to commit.
 MBE questions normally have a ∆ with predisposition.
9. Offenses Involving Judicial Procedure
9.1 Perjury
 Intentional false oath during judicial proceeding.
9.2 Subordination of Perjury
 Procuring or inducing other to commit perjury.
9.3 Bribery
 Common Law: corrupt payment taken by public officer
 Modern Law: extends above law to non-public officials and offerors of bribes.
9.4 Compounding a Crime
 Not prosecuting, or concealing felony, or whereabouts of felony for consideration.
9.5 Misprision of a Felony
 Common Law: failure to disclose knowledge of commission of felony or failure to
prevent commission of felony.
 Modern Law doesn't consider this a crime.
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