1. Criminal Law
Chapter 5

2. Objectives
Distinguish between violations of civil and criminal law, and between felonies and misdemeanors.
Identify three elements making up a crime.
Explain when an omission can give rise to criminal liability.
Identify the four criminal mental states.

3. Objectives Identify elements for the following crimes:
First-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter, battery, assault, sexual assault, rape, and child molestation

4. Objectives Identify elements for the following crimes:
Larceny, robbery, obtaining money under false pretenses, extortion, embezzlement, burglary, false imprisonment, kidnapping, RICO
Arson

5. Criminal versus Civil Law
Criminal Law
Civil
Law
Brought by
Government
Party who has been wronged
Burden of Proof
Beyond a reasonable doubt
More likely than not
Penalty
Jail, probation, fine or restitution
Money damages or a court order

6. Definition of Crime Criminal conduct
Common law crimes
Statutory crimes
Violation of a law is not criminal unless the law declares that it is criminal

7. Reasons for Criminal Punishment
Deterrence
Protect society from wrong-doer through incarceration
Vindication of victim and society
Satisfies need for justice

8. Felonies and Misdemeanors
Felonies are more serious offenses
Punishable by more than one year in jail
Misdemeanors are less serious
Punishable by one year or less in jail

9. Elements Defined by statutes and/or case law
Crime is made up of elements
Act
Mental state
Attendant circumstances

10. Act
The act requirement can be satisfied by either an affirmative act or an omission
Act or omission must be a voluntary act
An involuntary act cannot be basis for criminal liability

11. Mental State Four criminal mental states (Model Penal Code) Purposeful
Knowing
Reckless
Negligent

12. Strict Liability Most crimes require proof of a culpable mental state
Model Penal Code definitions
Some relatively minor crimes do not
Referred to as strict liability crimes
Common with regard to regulatory offenses

13. Attendant Circumstances
Other fact must exist
Additional facts that must be proven
Example
Convicted of assault on a uniformed officer
Officer must be in uniform

14. Homicide
Includes two basic crimes
Murder
Manslaughter

15. Murder Killing with malice aforethought Act: Killing or causing death
Mental state: Malice aforethought
Purposeful
Knowing
Recklessness indicating depraved heart

16. Murder First-degree murder Second-degree murder Premeditated murder
Unintended death of someone during the commission of a felony (felony murder)
Second-degree murder
Any murder not first degree

17. Manslaughter Voluntary manslaughter Involuntary manslaughter
Intentional killing in the heat of passion as a result of severe provocation
Involuntary manslaughter
Unintentional killing

18. Battery Unpermitted offensive touching of another
A person can consent to being touched
Thus consent is a defense to battery charges
Consent must be knowing and voluntary
Consent may be implied

19. Battery and Emergency Responders
Medical treatment involves touching
Consent implied from the circumstances
Person calls for rescue/EMS assistance
Person does not object to treatment
Consent may be withdrawn or limited

20. Battery and Consent
Consent induced by fraud, deceit, or misrepresentations is not valid
Example: Person pretends to be a doctor and is allowed to examine and treat a person
Implied consent is limited by circumstances

21. Assault Placing another in immediate physical harm
Some jurisdictions say it is an attempted battery that is unsuccessful
Consent rules apply to assault

22. False Imprisonment
Unlawful restraint upon a person’s freedom and ability to come and go
Also called false arrest
Some authorities say false arrest is one type of false imprisonment

23. Kidnapping
Use of force (or threat of force) in taking someone from one place to another
Modern statutes
Forcibly or secretly confining someone against their will
Forcibly carrying or sending someone out of the state

24. Rape Common law Modern trend
Sexual intercourse without other’s consent
Modern trend
Expanded definition of sexual assault via degrees
First-degree sexual assault
Second-degree, etc.

25. Larceny Common law From common law crime of larceny
Taking and transporting of property with intent to permanently deprive
From common law crime of larceny
Now a broad range of theft crimes

26. Robbery Larceny through use of force or threatened use of force
Taking money or other personal property
By means of force or use of fear

27. Extortion Obtaining money or property Threats necessary for extortion
Requiring someone to do something they are not legally required to do
Threats necessary for extortion
Bodily injury, damage to property
Revealing information about the victim

28. Burglary
Most states have statutory offenses to address loopholes in common law
Breaking and entering (B&E)
Of dwelling (to cover daytime breaks)
Of other buildings
Of dwelling while possessing instruments related to wrongful setting of fires

29. Arson Common law definition Common law crime had many loopholes
Willful and malicious burning of the dwelling of another
Common law crime had many loopholes
All states now have comprehensive arson laws

30. RICO Racketeer Influenced and Corrupt Organizations Act
Illegal for a person to engage in a racketeering activity through the use of an organization
Both civil and criminal aspects

31. Summary Criminal law Three types of elements Criminal mental states
Criminal offenses