1. Inchoate Offenses Solicitation –The elements of solicitation include: –(1) mens rea -- not intent to commit a crime, but specific intent to persuade someone else to commit a crime; also not joking around or making casual comments ("I wish that person would drop dead") but "purposely" wanting to persuade someone. –(2) actus reus -- words that contain some sort of inducement; words that are on the list of proper utterances for the crime of solicitation; uttering the words is the actus reus, and it doesn't matter if the means of utterance is oral, written, or electronic. –Defenses: Impossibility of any type is the same as no defense. Some jurisdictions allow withdrawal or renunciation

2. 720 ILCS 5/8 ‑ 1) (from Ch. 38, par. 8 ‑ 1) Sec. 8 ‑ 1. Solicitation. (a) Elements of the offense. A person commits solicitation when, with intent that an offense be committed, other than first degree murder, he commands, encourages or requests another to commit that offense.

3. Inchoate Offenses CONSPIRACY The elements of conspiracy include: (1) mens rea -- a specific intent to attain a particular criminal objective on the part of at least one person in the partnership. Purpose can be inferred from circumstances surrounding the combination, such as failure to keep records, clandestine meetings, quantities involved, continuity of the relationship, etc. There are different rules used by different jurisdictions on the kinds of relationships that qualify: unilateral rule -- the idea that among a group of conspirators, there is at least one individual with criminal intent bilateral rule -- the idea that one cannot conspire alone; at least two guilty persons are required

4. Inchoate Offenses CONSPIRACY –(720 ILCS 5/8 ‑ 2) (from Ch. 38, par. 8 ‑ 2) Sec. 8 ‑ 2. Conspiracy. (a) Elements of the offense. A person commits conspiracy when, with intent that an offense be committed, he agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit an offense unless an act in furtherance of such agreement is alleged and proved to have been committed by him or by a co ‑ conspirator. (b) Co ‑ conspirators. It shall not be a defense to conspiracy that the person or persons with whom the accused is alleged to have conspired: (1) Has not been prosecuted or convicted, or (2) Has been convicted of a different offense, or (3) Is not amenable to justice, or (4) Has been acquitted, or (5) Lacked the capacity to commit an offense.

5. Inchoate Offenses Attempt –The elements of attempt include: –(1) specific intent -- this means that "purposely" is the only mens rea that qualifies. All inchoate crimes are specific intent crimes, and all specific intent crimes do not allow such states of mind as reckless, negligent, or strict liability. –(2) an overt act toward commission -- this is intended to weed out the plotters from the perpetrators, but the standards vary widely by jurisdiction. Acts of preparation do not count. Some places use fairly loose language like "some steps" while other places use the more rigorous "all but last act" standard. There are at least four tests used in various places: –physical proximity doctrine -- this focuses upon space and time, establishes the "last act" standard which requires looking at the remaining steps –probable desistance approach -- this considers whether the attempt would naturally lead to commission but for some timely interference not related to bad luck –equivocality approach -- this looks at whether the attempt can have no other purpose than commission of a crime –substantial steps test -- this is a MPC-recommended approach which looks for corroborating evidence in the form of conduct which tends to concur or verify a criminal purpose

6. Inchoate Offenses Attempt –(720 ILCS 5/8 ‑ 4) (from Ch. 38, par. 8 ‑ 4) Sec. 8 ‑ 4. Attempt. (a) Elements of the Offense. A person commits an attempt when, with intent to commit a specific offense, he does any act which constitutes a substantial step toward the commission of that offense. (b) Impossibility. It shall not be a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accused to commit the offense attempted.

7. Case law has ruled the following are examples of accomplice actus reus : -acting as a lookout -providing guns, supplies, or instruments of crime (even under color of financial transaction if seller is aware of purpose) -driving a getaway vehicle -sending the victim to the principal -preventing warnings from reaching the victim (but not merely failing to disclose the occurrence of a crime to authorities) mens rea -- this is the element that it all boils down to in obtaining a conviction for being an accomplice. All the words used in accomplice law ("abet" for example) carry an implication of purposive attitude toward the crime. Other courts have held to a less strict standard than "purposively" (even thought the MPC recommends this only) such as "knowingly" but still other courts have allowed "recklessly".

8. Criminal Intent Purposely Knowingly Recklessly Negligently

9. FIRST DEGREE MURDER (720 ILCS 5/9 ‑ 1) (from Ch. 38, par. 9 ‑ 1) Sec. 9 ‑ 1. First degree Murder (a)A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death: (1) he either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or (2) he knows that such acts create a strong probability of death or great bodily harm to that individual or another; or Mens rea/Mental State –Intends to kill or –Knows that such acts will cause death or –Knows that such acts create a strong probability of death Actus Reus/ Act –Causes death Attendent Circumstances –Without lawful authority

10. (a) Purposely. A person acts purposely with respect to a material element of an offense when: (i) if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and (ii) if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.

11. (b) Knowingly. A person acts knowingly with respect to a material element of an offense when: (i) if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and (ii) if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.

12. FELONY MURDER (3) he is attempting or committing a forcible felony other than second degree murder. Mens Rea/Mental State –Intent Actus Reus –Attempting or committing a forcible felony

13. FORCIBLE FELONIES (720 ILCS 5/2 ‑ 8) (from Ch. 38, par. 2 ‑ 8) Sec. 2 ‑ 8. "Forcible felony". "Forcible felony" means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual.

14. SECOND DEGREE MURDER Sec. 9 ‑ 2. Second Degree Murder. (a) A person commits the offense of second degree murder when he commits the offense of first degree murder as defined in paragraphs (1) or (2) of subsection (a) of Section 9 ‑ 1 of this Code and either of the following mitigating factors are present: Excuse Murder

15. Excuses At the time of the killing he is acting under a sudden and intense passion resulting from serious provocation by the individual killed or another whom the offender endeavors to kill, but he negligently or accidentally causes the death of the individual killed; Serious provocation is conduct sufficient to excite an intense passion in a reasonable person.

16. (2) At the time of the killing he believes the circumstances to be such that, if they existed, would justify or exonerate the killing under the principles stated in Article 7 of this Code, but his belief is unreasonable.

17. Burden of Proof Second Degree Murder When a defendant is on trial for first degree murder and evidence of either of the mitigating factors defined in subsection (a) of this Section has been presented, the burden of proof is on the defendant to prove either mitigating factor by a preponderance of the evidence before the defendant can be found guilty of second degree murder. However, the burden of proof remains on the State to prove beyond a reasonable doubt each of the elements of first degree murder and, when appropriately raised, the absence of circumstances at the time of the killing that would justify or exonerate the killing under the principles stated in Article 7 of this Code.

18. Sexual Penetration Generally CSAss (720 ILCS 5/12 ‑ 12) (f) "Sexual penetration" means any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including but not limited to cunnilingus, fellatio or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.

19. Sexual Penetration "Sexual penetration" means any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including but not limited to cunnilingus, fellatio or anal penetration. Evidence of emission of semen is not required to prove sexual penetration. Actus Reus/Criminal Act –Any Contact Attendant Circumstances –Sex organ or anus of one person by –An object, sex organ, mouth or anus of another person Or Actus Reus/Criminal Act –Any Intrusion however slight Attendant Circumstances –Body part of one person –Animal or –Object –Sex organ or anus of another person

20. Sexual Conduct CSAb (720 ILCS 5/12 ‑ 12) (e) "Sexual conduct" means any intentional or knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.

21. Sexual Conduct "Sexual conduct" means any intentional or knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused. Mens Rea/Mental State –Intentionally of Knowingly Actus Reus/Criminal Act –Touching or Fondling –Transmission of semen Attendant Circumstances –For the purpose of sexual of sexual gratification or arousal of the victim or the accused –Child < 13 th birthday

22. (720 ILCS 5/12 ‑ 17) (from Ch. 38, par. 12 ‑ 17) Sec. 12 ‑ 17. Defenses. (a) It shall be a defense to any offense under Section 12 ‑ 13 through 12 ‑ 16 of this Code where force or threat of force is an element of the offense that the victim consented. "Consent" means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent. (b) It shall be a defense under subsection (b) and subsection (c) of Section 12 ‑ 15 and subsection (d) of Section 12 ‑ 16 of this Code that the accused reasonably believed the person to be 17 years of age or over. (c) A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.

23. (720 ILCS 5/12 ‑ 13) (from Ch. 38, par. 12 ‑ 13) Sec. 12 ‑ 13. Criminal Sexual Assault. The accused commits criminal sexual assault if he or she: (1) commits an act of sexual penetration by the use of force or threat of force; or (2) commits an act of sexual penetration and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent; or (3) commits an act of sexual penetration with a victim who was under 18 years of age when the act was committed and the accused was a family member; or (4) commits an act of sexual penetration with a victim who was at least 13 years of age but under 18 years of age when the act was committed and the accused was 17 years of age or over and held a position of trust, authority or supervision in relation to the victim.

24. (720 ILCS 5/12 ‑ 14) (from Ch. 38, par. 12 ‑ 14) Sec. 12 ‑ 14. Aggravated Criminal Sexual Assault. (a) The accused commits aggravated criminal sexual assault if he or she commits criminal sexual assault and any of the following aggravating circumstances existed during, or for the purposes of paragraph (7) of this subsection (a) as part of the same course of conduct as, the commission of the offense: (1) the accused displayed, threatened to use, or used a dangerous weapon, other than a firearm, or any object fashioned or utilized in such a manner as to lead the victim under the circumstances reasonably to believe it to be a dangerous weapon; or (2) the accused caused bodily harm, except as provided in subsection (a)(10), to the victim; or (3) the accused acted in such a manner as to threaten or endanger the life of the victim or any other person; or (4) the criminal sexual assault was perpetrated during the course of the commission or attempted commission of any other felony by the accused; or

25. (5) the victim was 60 years of age or over when the offense was committed; or (6) the victim was a physically handicapped person; or (7) the accused delivered (by injection, inhalation, ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance; or (8) the accused was armed with a firearm; or (9) the accused personally discharged a firearm during the commission of the offense; or (10) the accused, during the commission of the offense, personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person.

26. (b) The accused commits aggravated criminal sexual assault if the accused was under 17 years of age and (i) commits an act of sexual penetration with a victim who was under 9 years of age when the act was committed; or (ii) commits an act of sexual penetration with a victim who was at least 9 years of age but under 13 years of age when the act was committed and the accused used force or threat of force to commit the act. (c) The accused commits aggravated criminal sexual assault if he or she commits an act of sexual penetration with a victim who was a severely or profoundly mentally retarded person at the time the act was committed.

27. (720 ILCS 5/12 ‑ 15) (from Ch. 38, par. 12 ‑ 15) Sec. 12 ‑ 15. Criminal sexual abuse. (a) The accused commits criminal sexual abuse if he or she: (1) commits an act of sexual conduct by the use of force or threat of force; or (2) commits an act of sexual conduct and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent. (b) The accused commits criminal sexual abuse if the accused was under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who was at least 9 years of age but under 17 years of age when the act was committed. (c) The accused commits criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was less than 5 years older than the victim.

28. (720 ILCS 5/12 ‑ 16) (from Ch. 38, par. 12 ‑ 16) Sec. 12 ‑ 16. Aggravated Criminal Sexual Abuse. (a) The accused commits aggravated criminal sexual abuse if he or she commits criminal sexual abuse as defined in subsection (a) of Section 12 ‑ 15 of this Code and any of the following aggravating circumstances existed during, or for the purposes of paragraph (7) of this subsection (a) as part of the same course of conduct as, the commission of the offense: (1) the accused displayed, threatened to use or used a dangerous weapon or any object fashioned or utilized in such a manner as to lead the victim under the circumstances reasonably to believe it to be a dangerous weapon; or (2) the accused caused bodily harm to the victim; or (3) the victim was 60 years of age or over when the offense was committed; or (4) the victim was a physically handicapped person; or (5) the accused acted in such a manner as to threaten or endanger the life of the victim or any other person; or

29. (6) the criminal sexual abuse was perpetrated during the course of the commission or attempted commission of any other felony by the accused; or (7) the accused delivered (by injection, inhalation, ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance.

30. (b) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual conduct with a victim who was under 18 years of age when the act was committed and the accused was a family member.

31. (c) The accused commits aggravated criminal sexual abuse if: (1) the accused was 17 years of age or over and (i) commits an act of sexual conduct with a victim who was under 13 years of age when the act was committed; or (ii) commits an act of sexual conduct with a victim who was at least 13 years of age but under 17 years of age when the act was committed and the accused used force or threat of force to commit the act; or (2) the accused was under 17 years of age and (i) commits an act of sexual conduct with a victim who was under 9 years of age when the act was committed; or (ii) commits an act of sexual conduct with a victim who was at least 9 years of age but under 17 years of age when the act was committed and the accused used force or threat of force to commit the act.

32. (d) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was at least 5 years older than the victim. (e) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual conduct with a victim who was a severely or profoundly mentally retarded person at the time the act was committed. (f) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual conduct with a victim who was at least 13 years of age but under 18 years of age when the act was committed and the accused was 17 years of age or over and held a position of trust, authority or supervision in relation to the victim.

33. Robbery A person commits robbery when he or she takes property from the person or presence of another by the use of force or by threatening the imminent use of force. Mens rea/Mental State –General Intent Actus Reus/Criminal Act –Takes property from the person or presences of another Attendant Circumstances –Used force or threatened use of force

34. Armed Robbery (1) he or she carries on or about his or her person or is otherwise armed with a dangerous weapon other than a firearm; or (2) he or she carries on or about his or her person or is otherwise armed with a firearm; or (3) he or she, during the commission of the offense, personally discharges a firearm; or (4) he or she, during the commission of the offense, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person. Mens rea/Mental State –General Intent Actus Reus/Criminal Act –Takes Property Attendant Circumstances –Used force or threatened use of force AND –Armed with a dangerous weapon –Armed with a firearm –Discharged a firearm –Discharged a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person

35. Aggravated Robbery A person commits aggravated robbery when he or she takes property from the person or presence of another by the use of force or by threatening the imminent use of force while indicating verbally or by his or her actions to the victim that he or she is presently armed with a firearm or other dangerous weapon, including a knife, club, ax, or bludgeon. This offense shall be applicable even though it is later determined that he or she had no firearm or other dangerous weapon, including a knife, club, ax, or bludgeon, in his or her possession when he or she committed the robbery. Mens Rea/Mental State –General Intent Actus Reus/Criminal Act –Takes property from the person or presences of another Attendant Circumstances –Indicating he or she is armed with a dangerous weapon