Elements of Criminal Conduct A. Actus Reus Physical act or unlawful omission by the Physical act is a body movement Guilty act Act must be voluntary = conscious exercise of free will OMISSION as an ACT: failure to act will constitute a crime if 3 things are satisfied: Legal duty to act (statute, contract, relationship, voluntary assumption of care, A creates the peril Knowledge of facts giving rise to duty Possession of an act Omission is allowed when there is no duty MPC 2.01(3) -> liability for an omission when a duty to perform the omitted act is otherwise imposed by law
Vicarious liability -- employers will be liable for their employees if they commit a SL crime while in the scope of their employment 2. Mistake of Fact -- may be a defense a. Common Law -- if the act is wrong in itself mistake of fact will not work -- to work a s a defense you must lack intent and it must be an honest mistake MPC -- is a defense if it negates the MR requirement to establish the offense and must be an honest mistake C. CALI -- sexual acts or touching underage but "didn't know" doesn't matter, still a crime 3. Mistake of Law -- not a defense a. Common law b. NY -- requires your interpretation of the law to be wrong not the whole law just what you read ...is now narrowed to the MPC C. MPc -- not understanding a statute is not a defense i. Lesser crime: Committing a lesser crime on accident, not a defense ii. Ignorance of law: if a person relied on their interpretation of law and later finds out that it was incorrect they are no longer liable (marreo) Aware of the duty, neglect the duty, not a defense
MENS RAE Culpable mental state of mind; "guilty mind"
Common Law mental states: willful, malicious, intentionally wanton, reckless, knowing Intent: must intend the outcome that the statute prohibits Specific Intent = ACT + INTENT Solicitation, attempt, conspiracy, premeditated murder, assault, burglary, larceny, forgery General Intent -- you intend the crime/act, but you do not wish the outcome Transferred intent MPC 2.02 -> a person is not guilty of an offense unless he acted: purposeful, knowingly, recklessly, or negligently PURPOSEFULLY -- consciously engage in conduct to cause the desired harmful result or hope that it would occur KNOWINGLY -- aware that conduct is of a nature that is an element of the result and is aware that the conduct will cause the result Willful blindness - high probability of something being wrong but you deliberately do nothing to further find ono RECKLESS - when a person consciously disregards substantial and unjustifiable risk You were aware of the danger but acted anyway = conscious disregard The disregard is a gross deviation from what a RP would do in the situation Aware of the risk and you do it anyway NEGLIGENTLY - should have known about the substantial and unjustifi