Crim Law MD

Accessory After the Fact

1. Completed felony committed
2. Accessory knows of commissn of felony
3. Accessory personally gives aid to felon to hinder their apprehen, convictn or punishmt.

Accessory Before the Fact

1. Aids, abets, counsels or otwise encourages commissn of felony
2. but not present at scene
MD: gen treated like Principal. D may be tried as both accessory after the fact & as Principal, w/ jgt entered only for the mo serious crime

Conspiracy

1. Agmt b/w 2 or more persons to accompl crim or unlawful purp
2. Intent to enter into agmt;
3. D MUST have specific intent that target crime be committed
4. overt act in furth of conspiracy, but MD treats conspir as complete once the parties enter into illegal scheme.

MD: 1st Degree Murder

1. Delib, premeditated, willful killing
2. Killing committed by lying in wait
3. Killing by poison
4. Felony murder - killing during the commission or attempt to commit an enumerated felony

MD: 2nd Degree Murder

any murder that is not 1st degree incl
1. Spec intent to kill
2. Specific intent to commit ser bodily harm
3. Depraved heart murder
4. Murder during non-MRS BAKER felony

Voluntary Manslaughter

Intentl killing mitigated by adeq provocation or ot circ negating malice aforethought

Involuntary Manslaughter

1. Unintentional killing w/o malice aforethought caused either by--
2. Crim neglig; OR
a. Hi degree of risk of death or serious injury;
b. Gross neglig or ordinary recklessness.

False Imprisonment

1. Confining or detaining a person
- No confinemt if alt routes avail
2. w/o his consent by assault or deception
[Is lesser incl offense in kidnapping]

MD: THEFT STATUTE

1. Obtaining anything of value by unauthorized control, deception, or crim possn
2. Intent to deprive or defraud for any period
3. If val of prop ≥ $1,000, crime is a felony

Receipt of Stolen Prop

1. Rcvg possn & ctrl of stolen personal prop
2. Known to have been obtained in a crime by anot person
3. W/ intent to permanently deprive the owner of his int in it

Possession of Dang Weapon

1. Wearing or carrying of dang weapon, concealed
2. Wearing or carrying of dang weapon openly w/intent to cause injury

Possesson of Handgun
MD:

Wearing carrying or transporting a handgun, concealed or open

CL: Aggravated Battery

1. Battery w/ deadly weapon
2. Battery resulting in ser bod harm
3. Battery of child, woman, police

Battery

1. Unlawful applic of force to the person of anot
a. Force can be indirect (eg, cause dog to attack)
2. Resulting in either bodily injury or an offensive touching

MD: 2nd Degree Assault

proved 3 ways
1. CL intent to frighten assault
2. CL attempted battery assault
3. CL battery

MD: 1st Degree Assault

2nd degree assault + aggravator:
1. intentionally cause or attempt to cause serious bodily injury to another, or
2. assault w/ a firearm

How to estab Withdrawal as a defense to Accompl Liabil

Withdrawal where accomplice
a. makes timely repudiatn;
b. takes suffic steps to neutralize any assist he’s provided (if participn beyond mere encouragemt); AND
c. before commissn of crime can no longer be prevented

Accomplice Liability
AIDING & ABETTING

1. Specific intent that crime be committed +
2. intent to aid, abet, encourage the crime
2. Accompl must aid, abet, or encourage P in the commissn or attempted comm of the crime or fail to act where he has legal duty to oppose crime of anot.
3. L for all crimes counseled + all ot foreseeable crimes committed

Solicitation

1. Act of solic anot to comm felony
2. Specif intent that person solicited commit the crime

Duress

Def to crime ot than homicide that  reas believed anot pers would immin inflict death or ser bodily harm upon him or fam mbr if he did not commit the crime

Arson MD:

1. Setting fire to
2. Structure, even nonrealty for overnight accomod, bldg, vehicle, boat, personalty
3. [of anot eliminated]
4. with malice (requires specif intent to harm others or their prop or specific intent to defraud)

Burglary MD:

Elements are breaking and entering the bldg, realty boat, or trailer of another with intent to commit theft or a crime of violence or any crime

Robbery MD
MD: Robbery with a dangerous weapon

MD: Theft committed by force or threat of force

Robber CL:

1. Taking of personal prop of anot
2. Fr his person or presence
a. incl anywhere in V’s vicinity
b. even if V in next rm
3. By force or threats of immed death or physical injury to V, V’s fam mbr, or some person in the V’s presence
a. Force incl rendering V unconsc thru intox.
b. Incl use of force to effect his escape after non-viol taking
c. Force used to gain possn of prop or retain possn of prop
4. W/ intent to permanently deprive the V thereof.

Kidnapping

1. Unlawful confinemt of person involv either
2. Some mvt of V OR concealmt of V in secret place

Aggravated Kidnapping

C-R-O-OK
1. Child stealing
2. For ransom
3. For purp of commit ot crimes
4. For offensive purp

Attempt MD:

Overt act or omissn is substl step twd commissn of crime & strongly corrob crim purp
2. Specif intent to commit a crime
3. Falling short of completed crime

MD: Before using deadly force, duty to retreat UNLESS

(1) at home (applies to HH mbrs, but not temp guests),
(2) ave of retreat unknown
(3). robbery victim

Reckless endangerment
[misdemeanor]

1. D recklessly engages in conduct
2. Creating a substantial risk of death or serious physical injury to another

Entrapment

1. Criminal design originating with law enforcement induces D to commit a crime
2. where D was not predisposed to commit the crime prior to contact by the gov
CANNOT be entrapped by priv citizen

Specific Intent Crimes

Solicitation
Attempt
Conspiracy
Embezzlement
Larceny
Forgery
Burglary
Assault
Robbery
False pretenses
First degree premed murder

Malicious destruction of prop

1) damaging, destroying, or defacing,
2) another’s real or personal prop, with specific intent to harm others or their property.

Forgery

1. Making or altering
2. A writing w/ apparent legal signif
3. So that it becomes false
4. W/ spec intent to defraud

Bad Check Statute

1. D draws/passes/stops payment
2. of a negotiable instrument
3. with knowledge and intent for nonpayment based on insuffic funds, a closed or nonexistent acct, or a stop pymt
4. Payment must be dishonored
5. D fails to make the check good w/in 10 days of dishonor

Extortion

1. Threat to harm a person or prop or Threat to place V in disrepute by accusation
2. with the specific intent to deprive V of anything of value

Use of a handgun in the commission of a felony or crime of violence

To actively employ and not merely possess the handgun to cause fear of harm

MRS BAKER enumerated felonies

MRS BAKER (Mayhem, Rape, Sodomy, Burglary, Arson, Kidnapping, Escape, Robbery)