Criminal Law

Property crimes
Larceny: taking, asportation, tangible prop. of another, from another, wrongfully, intent perm. deprive
Embezzlement: possession (not mere custody) of prop, trust agmt., conversion, intent to defraud
False pretenses: obtaining title to property from another, misrepresentation, intent to defraud
Receiving stolen prop.: taking possession, then-stolen prop., knowing stolen, intent to perm. deprive
Robbery: larceny, by either force used to overcome resistance or threats of immed. phys. harm + fear
Extortion: obtaining property wrongfully, by means of non-immediate-force threats
Crimes against the habitation
Burglary: entry (penetration), breaking (force to enlarge), dwelling, nighttime, intent commit felony
Arson: malicious (intent or recklessness), burning (flame touched), of anothers dwelling
Criminal homicide
D acted. Omissions: Only if D had legal duty to act (tort, K, etc.), D aware of facts, perf. possible.
Factual causation: But for Ds act, V would noe die when and how he did; year and a day rule.
Proximate causation: superceding factor (independent, unforeseeable, only immed. cause).
Murder: malice aforethought (intent to kill, SBI, or commit felony; extreme risk/malignant heart).
o 2d degree: default. 1st degree: premeditation (deliberation/weighing); specified felonies.
Voluntary manslaughter: murder + adequate provocation + no cooling period; mere words insuff.
Involuntary manslaughter: no malice aforethought; crim. negl. or misdemeanor.
Other crimes against the person
Rape: sexual intercourse by a man, w/ woman not his spouse, no effective consent
Kidnapping: confining, restraining, or moving a person; w/o auth. of law; not incidental to a crime.
Parties to a crime
Liabile if you: commit act, accomplice before or during (not after), use innnocent agent.
Accomplice: encourage or physically assist actor; know actor will commit; intent to help.
Inchoate offenses
Merger: D can be guilty of both [solicitation, attempt, crime (pick only one)] and [conspiracy].
Solicitation: D asks/coerces another to commit crime, intent they do; no imposs. or abandont defense
Attempt: specific intent (intent to act + crimes intent), substantial step; impossibility defense.
Conspiracy: agmt. b/w 2 or more guilty persons, intent to commit crime; w/drawal defense.
Defenses
MOF: To negate general intent, must be obj. rble; to negate specific intent, even unrble suffices.
MOL: Defense only if affirm. decision, obj. rble, reliance on [statute, jud. dec., official interp.]
Insanity. MNaughten: D does not know nature of his act or that it is wrong. Irresistible impulse:
Loss of control. Durham: But for mental illness, act not done. MPC: MNaughten + irrresis. impulse.
Unconsiousness: is a defense; criminal liability requires a voluntary act.
Voluntary intoxication: defense only to specific-intent crimes; cannot disprove malice aforethought.
Involuntary intoxication: treated as mental illness; apply the insanity test.
Entrapment: D was not predisposed to committing crimes like this; police created intent in Ds mind.
Necessity: rble belief, imminently threatened harm, lesser harm; not kill so D can live, D created risk
Duress or coercion: compulsion, threat of immediate and phys. harm to D or 3d.p.; not for intl killing
Self-def.: 1) rble belief: 2) unlawful 3) imminent 4) harm threatened; 5) acts necessary to protect self
o Deadly force: only if rble belief death or SBI imminently threatened; d.f. necessary to prevent.

o Need to retreat: a factor of rbleness (maj.); a condition precedent to deadly force (min.); home.
o Initial aggressor cant use force; regains by withdrawing or notifying desire to withdraw.
Defense of property: Only for nondeadly force, used to prevent unlawful interference, not to regain.