Criminal Law w/NY Distinctions

Essential Elements of a Crime (4)

1. PHYSICAL ACT
2. MENTAL STATE
3. CAUSATION
4. CONCURRENCE

PHYSICAL ACT REQUIREMENT

Rule: No Act -> No Crime (voluntary bodily movement, or Omission)

OMISSION as PHYSICAL ACT

1. Legal Duty
2. Knowledge of Facts Giving Rise to Legal Duty
3. Ability to Help

PHYSICAL ACT REQUIREMENT: Recognized Legal Duties

1. Statute
2. Contract
3. Status Relationship
4. Voluntary Assumption of Care
5. Creation of Peril

COMMON LAW MENTAL STATES

1. SPECIFIC INTENT
2. MALICE
3. GENERAL INTENT
4. SL

CL SPECIFIC INTENT

DESIRE TO ACHIEVE A SPECIFIC RESULT CRIMES:
1. Assault,
2. 1st Degree Pre-Meditated Murder,
3. Larceny,
4. Embezzlement,
5. False-Pretenses,
6. Robbery,
7. Forgery,
8. Burglary,
9. Solicitation,
10. Conspiracy,
11. Attempt

CL MALICE

Rule: Acting intentionally or with reckless disregard in the face of an obvious or known risk.
Applies to: MURDER AND ARSON

CL GENERAL INTENT

Rule: Acting while aware of factors that constitute a crime, w/o knowing all of the factors
Applies to: BATTERY, FALSE IMPRISONMENT, KIDNAPPING, FORCIBLE RAPE

CL STRICT LIABILITY

Rule: no mental state required.
Applies to: PUBLIC WELFARE CRIMES and STAT RAPE

CL MISTAKE OF FACT
(claiming you don't satisfy the required mental state element)

Rule: Reasonable Mistakes are a defense to all Crimes except SL.
Rule: Unreasonable Mistakes are only a defense to Specific Intent Crimes

CL MISTAKE OF LAW
(and NY)

Rule: Never a Defense, Unless Statute makes Knowledge of the Law an Element
*NY: Applies to NY Unlawful Imprisonment

NY MENTAL STATES

1. Intentionally
2. Knowingly
3. Recklessly
4. Negligently
4. SL

NY MISTAKE OF FACT

Rule: Defense where Mental State is Negated

CAUSATION

ACTUAL: But-for Test
(wrinkle: accelerating causes count)

PROXIMATE: Foreseeability
-D Responsible for Natural and Probable Consequence of Conduct
(eggshell victims: take your victim as you find your victim)
(unforeseeable intervening causes is not put on the D)

CONCURRENCE

Rule: Requisite Mental State must Exist at Time D Engages in the Criminal Act
Applies to: LARCENY and BURGLARY

CL BATTERY

BATTERY: unlawful application of force to another resulting in either:
-bodily injury; or
-offensive touching

AGGRAVATED BATTERY

GENERAL INTENT:
-no requirement that D intend on battering someone
-no requirement that force be applied directly

CL ASSAULT

Assault 1:
-attempted battery
-specific intent to hit the person, i.e., connect on the swing and miss

Assault 2:
-intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim, of imminent bodily harm
-specific intent to create the reasonable apprehension in the case of say a threatening gesture

AGGRAVATED ASSAULT
-use of deadly weapon
-intent to rape, maim, rob, etc.

NY ASSAULT

RULE: Intentionally Causing Physical Injury;
-2nd Degree: serious physical injury
-(+weapon ; -serious)

No Injury -> No Assault (try menacing)

Menacing:
-creating reasonable apprehension of imminent bodily harm (without an intent to actually injure)

CL HOMICIDE

MURDER
VOL MS
INV MS
FM

CL MURDER

Rule: Causing death of another w/MALICE AFORETHOUGHT:
-1. Intent to Kill
-2. Intent to Inflict Great Bodily Harm
-3. Extreme Recklessness
-4. Felony Murder

CL VOL MS

Rule: intentional killing committed in the heat of passion after adequate provocation:
-(Sudden and Intense {not words alone}; no Cool-Off)

CL INVOL MS

Inv MS (A):
-killing caused by criminal negligence (higher than rpp std)

Inv MS (B):
-killing committed, during a crime that is not a felony, misdemeanor manslaughter

CL FM

Rule: Any killing caused during commission of or attempt to commit a felony:
REQUIREMENTS:
-D guilty of underlying felon
-No Merger
-Time of Killing: During F or flight
-Killing in Furtherance
-Foreseeable Death
-Victim not Co-Felon

NY HOMICIDE

1. Murder in the 1st and 2nd
2. MS in the 1st and 2nd
3. Crim. Neg. Hom.
4. Aggravated Homicide
5. Vehicular Homicide

NY Murder in the First

Rule: Over 18, Intent to Kill, PLUS:
-intentional killing of law enforcement officer
-killing for purpose of witness intimidation
-murder for hire
-multiple killings
-intentional killing furing a serious felony

NY Murder in the Second

1. Intent to Kill
2. Extreme Recklessness: Depraved Indifference (utter disregard shown for human life): putting many in danger or brutal torture or abandoning helpless victim to certain death
3. FM: B.R.A.K.E.S.

NY AFF DEF to FM: NON SLAYER

Four Requirements
1. D did not do killing
2. D did not have a deadly weapon
3. D has no reason to believe co-felons had deadly weapons
4. D has no reason to believe co-felons intended to do anything likely to result in death

NY MS in the FIRST

1. Intent to Cause Serious Physical Injury OR
2. Intentional Killing Under EED

NY MS in the SECOND

Rule: D is aware and consciously disregards a substantial and unjustifiable risk of death: RECKLESSNESS

NY CRIM NEG HOM

Rule: D should have known of a substantial and unjustifiable risk of death

NY Aggravated Homicide

Rule: Where victim is a police officer killed in the line of duty the homicide offense, whatever it is, gets aggravated

NY VEHICULAR HOMICIDE

Veh Assault: DWI and Injury
Veh Man 2: Death and DWI (>.08)
Veh Man 1: Aggravating Factors: BAC >.18 of prior DWI conviction

CL FALSE IMPRISONMENT and
KIDNAPPING

CL FI: GENERAL INTENT; unlawfully confining person w/o consent
CL KN: GENERAL INTENT: FI w/ moving victim or concealing victim in secret place; aggravated (ransom, robbery or rape, child)

NY UNLAWFUL IMPRISONMENT and KN

NY UI in the 2nd: Rule: unlawful restraint of another w/o consent and w/knowledge that restriction is unlawful; (risk of serious physical injury -> 1st Degree)
NY KN 2nd: Abducting another
NY KN 1st: Ransom OR 12 hours with intent to injure, rape, rob OR Death of Victim

RAPE: Forcible Rape and Stat Rape

FR: Sex w/o victim's consent using: force OR threat of force OR unconscious victim; GENERAL INTENT
Stat Rape: Victim is under age of consent
-SL to Intent
-MPC/Minority: (reasonable mistakes are a Defense)
NY: 16 and younger is SR; age of consent: 17

CL PROPERTY CRIMES

Larceny (trespassory taking and carrying with intent to steal)
Embezzlement (conversion w/intent to defraud)
False Pretense (title through fal int st.)
Larceny by Trick (possession through fal. int. st.)
Robbery (threat of immediate injury)
Extortion (robbery but threat of future injury)
Blackmail (robbery but threat of embarassment)

CL LARCENY

Rule: Trespassory taking and Carrying away of personal property with intent to Steal (permanent deprivation of ownership)
Wrinkles: Erroneous Takings Rule and Continuing Trespass (later formed intent)

CL EMBEZZLEMENT

Rule: conversion of another's personal property already in D's lawful possession with intent to defraud (negated where you plan on giving back exact property; $ not fungible)

FALSE PRETENSES and LARCENY by TRICK

FP: Obtaining title using intentional false statement regarding a past or present event
L by T: getting possession, not title using an intentional false statement

CL ROBBERY

Rule: Larceny from another's person or presence by force of threat of immediate injury
SPECIFIC INTENT TO STEAL

NY THEFT CRIMES

Larceny: CL crimes of larceny, embezzlement, fp, l by t are all Larceny in NY; 5 degrees varied by amount
ROBBERY: Forcible Stealing in Three degrees

NY LARCENY

1st: >$1M
2nd: >$50K
3rd: >$3k
4th: >$1K
Petit: <$1K

NY ROBBERY

3rd: Forcible Stealing
2nd: D aided by another actually present; OR victim is Injured; OR carjacking
1st: Serious Injury; OR Brandishing/Using Firearm (aff D of unloaded or inoperable -> down to the 2nd)

FORGERY
UTTERING
MALICIOUS MISCHIEF
NY CRIMINAL MISCHIEF

Forgery: making or altering a wirting so that is is false with the intent to defraud
Utter: offering as genuine a forged instrument with intent to defraud
Mischief: destroying or damaging someone's else's property with intent to defraud

POSSESSION

Actual and Constructive: D had time to terminate possession or it was close enough to him that he could exercise dominion and control,
-Knowledge of the Possession and Character of the Item Possess is
Required
NY Criminal Poss of:
-Controlled Substance
-Firearm
-Stolen Property
-Forged Instrument

BURGLARY

CL RULE:
"Breaking, and Entering, Dwelling, of Another, At Night, w/Intent to Commit a Felony Inside"
-breaking: minimal force is required
-of another: look to occupancy not ownership

NY RULE: -3rd: entering or remaining unlawfully in a building with the intent to commit a crime
2nd: PLUS: dwelling, injury, weapon
1st: Dwelling PLUS: injury, weapon

ARSON

CL ARSON: Malicious burning (need structure to be burned down to an extent) of a building (malice: intentional or reckless disregard of an obvious or known risk)
NY Degrees:
4th: Reckless Burning
3rd: Intentional Burning
2nd: 3rd Plus knowing or should have known someone was inside
1st:

ACCOMPLICE LIABILITY

Rule: Aiding or Encouraging a Principal with the Intent that the crime be committed.
NY: Accomplice to Negligent or Reckless Crimes: no need for specific intent that the crime be committed, enough to specifically intent to aid principal's conduct and have the mental state of D's crime

Per Se Non-Accomplice

1. Mere Presence but No Actual Aid
2. Mere Knowledge but No Actual Aid or Encouragement
3. Member of Protected Class

NY CRIMINAL FACILITATION

RULE: Knowingly aiding in the commission or probable commission of a crime, mere knowledge is enough

ACCOMPLICE WITHDRAWAL

CL: requires discouraging and neutralizing their assistance or preventing crime
NY: requires substantial effort to prevent the commission of the crime (AFF Defense)

ACCESSORY AFTER THE FACT

CL: assisting a principal who has committed a felony with knowledge the crime has been committed and intent to help avoid arrest or conviction.
NY: HINDERING PROSECUTION
Other States: Obstruction of Justice, Harboring a Fugitive

INCHOATE OFFENSES

1. SOLICITATION
2. CONSPIRACY
3. ATTEMPT

SOLICITATION

Rule: asking someone to commit a crime with the intent that they do it
SPECIFIC INTENT: that the person you solicit will actually go an commit the crime

CONSPIRACY

Rule: An agmt b/w 2+ ppl to commit a crime AND an Overt Act in furtherance of the crime
SPECIFIC INTENT: to achieve the conspiracy's objective.
CL -> Bilateral - need to people to agree
-need an agreement to conspire
NY -> Unilateral
-NY: cannot be convicted based on uncorroborated testimony of accomplice

CONSPIRACY: Vicarious Liab.

CL: D liable for other crimes forseeable crimes of co-conspirators that were done in furtherance
NY: No VL for crimes committed by co-conspirators

ATTEMPT

CL ACT RULE:
-"Substantial Step Approach:" ss toward crime that is strongly corraborative of a crim purpose

NY ACT RULE:
-"Dangerous Proximity Test" (Stricter): conduct that is dangerously close to commission of crime

MENTAL STATE:
-SPECIFIC INTENT to do the crime
--ex: murder does not require intent to kill, but attempted murder does

INCHOATE OFFENSES:
Withdrawal/Renunciation/Abandonment

CL: Withdrawal is not a defense except to vicarious liab. charges
NY: Withdrawal is a defense where is is volunatry and complete and based on a change of heat

MERGER of Lesser Included Offenses

Attempt: MERGE
Conspiracy: NO MERGE
CL Solicitation: MERGE
NY Solicitation: NO MERGE

DEFENSES

INSANITY
INTOXICATION
INFANCY
SELF-DEFENSE
DURESS
ENTRAPMENT

INSANITY DEFENSE

Rule: Mental Disease PLUS Test:
-M'Naughten: did not know act was wrong, or didn't understand nature of act
-Irres. Impulse: unable to control action or unable to conform conduct to the law
-MPC Test: could not appreciate criminality of the conduct or conform conduct to the law

NY INSANITY

Mental Disease Test: Did D lack substantial capacity to either:
-a. understand the nature of his act; OR
-b. appreciate the wrongfulness of his conduct
BOP: AFF DEFENSE

INTOXICATION

INVOLUNTARY: Defense to any crime, apply insanity tests
VOLUNTARY: can be defense to specific intent where it is negated, never a defense to malice, general intent or SL crime; in NY can be a defense to Intentional and Knowing

NY DRUNK DRIVING

Can be defense to depraved indifference, jury question regarding the act of getting really drunk and driving in the first place

INFANCY

CL: <7><14><13:>16: adult for all crimes

Self Defense

CL
NY

DURESS

Rule: defense if D was forced to commit a crime under a threat of death or serious physical injury
CL: no duress for homicide
NY: possible durress D for homicide
NY: Duress is an Aff D

ENTRAPMENT

Rule: Gov't unfairly tempting D to commit crime where Criminal Design originated w/Gov't and D was not predisposed to commit the crime
NY: Aff Def.