Elements

1. Actus Reus – MPC 2.01

a. Voluntary Act: sufficient if person’s conduct included a voluntary act (willed bodily movement)
b. Involuntary Act: reflex actions, heart attack, seizures, convulsions, unconscious, asleep
c. Omission: Only when legal duty, status relation, contractual relation, or voluntarily assumed care
2. Mens Rea – MPC 2.02
a. Mens rea element applies to every material element of the offense MPC 2.02(4)
b. Prosecutor must prove each element beyond a reasonable doubt, except affirmative defense
c. Knowledge to circumstance established if aware of high probability of existence MPC 2.02(7)
d. Federal statutes that are silent on mens rea require knowingly as to each element, Staples
e. MPC establishes recklessness as the default position 2.02(3)
3. Mistake of Fact – MPC 2.04
a. Defense if negatives the mens rea, even if mistake is unreasonable (no mistake for negligence)
b. If mistake of fact only relates to gravity of offense, then reduces grade and degree of offense MPC 2.04(2)
c. No mistake for jurisdiction or venue elements, Feola
4. Mistake of Law – MPC 2.04
a. Knowing that what you are doing is illegal is NOT one of the elements that needs to be proven 2.02(9)
b. Exception when in reasonable reliance on official statement, later determined invalid, Albertini, 2.04(3)
c. When willfully (or purposely) required, ignorance of legal duty may negate mens rea, Cheeks, Ratzlaf
5. Strict Liability – MPC 2.05
a. There is a strong presumption against strict liability, unless it plainly appears in statute, Morisette, 2.05
b. Usually, statutory rape or public welfare offense (minor penalty, threatens safety of many, malum prohibitum)
c. No SL for imprisonment under MPC 2.05, only for violations (i.e. parking, food adulteration, waste mgmt)
d. Felony registration ordinance unconstitutional (omission, status, prohibitum), Lambert
6. Causation – MPC 2.03
a. In order to impose criminal responsibility, there must be “but for” causation (actual cause) MPC 2.03
b. D is responsible for the harm that actually occurs if the harm simply involves injury (1) to a different person
or property, or (2) was less serious than the harm (risked – R&N) or (w/n purpose or contemplation – P&K)
c. If the harm that occurs is the same kind as the harm (risked – R&N) or (w/n purpose or contemplation –
P&K), the actor is responsible unless it is “too remote or accidental in its occurrence” to fairly blame the actor
d. When SL w/result element, the actual result must be a “probable consequence of the actor’s conduct” 2.03(4)
e. A free, deliberate, and informed human intervention usually serves as an intervening and superceding act that
breaks the chain of causation, Campbell, Kevorkian
7. Attempt – MPC 5.01
a. With exception first degree felonies, MPC punishes attempt as severely as target offense 5.05(1)
b. Merger: Attempt merges into the target offense if it is successfully completed
c. A person commits attempt under if, acting with the same culpability otherwise required for the target offense
(1) Conduct: He purposely engages in conduct that would constitute the crime, AND
(2) Result: Acts with the purpose of causing or with belief that his conduct will cause the result, OR
(3) Non-Result Crime: Purposely does an act constituting a substantial step in furtherance of the offense
(4) A “substantial step” must be “strongly corroborative of the actor’s criminal purpose”
(5) Attendant Circumstance: same mens rea as target offense (i.e. age in statutory rape needs no mens rea)
d. Renunciation: if (1) she abandons her effort to commit the crime or prevents it from being committed; AND
(2) conduct manifests a complete and voluntary renunciation of her criminal purpose (CL no abandonment)
e. Common Law Tests: Last Act, Dangerous Proximity, Physical Proximity, Equivocality (act innocent on face)
f. Impossibility: Attempt if conduct “would constitute the crime if the attendant circumstances were as he
believes them to be” (Defense if actor engages in lawful conduct she incorrectly believes constitutes a crime)
8. Accessorial Liability – MPC 2.06
a. Accountable for conduct of another when (1) acting with requisite mens rea D causes an innocent and
irresponsible person to commit the crime; (2) made accountable by law; OR (3) is an accomplice
b. Actus Reus: Accomplice if with purpose of promoting and facilitating the commission of the offense, he
(1) Solicits another to commit
(2) Aids, agrees to aid, or attempts to aid in commission; OR [aid need not be successful]
(3) Having the legal duty to act, fails to make a proper effort to prevent the commission of the offense
c. Mens Rea
(1) Conduct: Must have as her purpose that P will engage in conduct elements of crime. Knowledge alone as
to P’s conduct is insufficient. Lauria
 (2) Attendant Circumstances: Commentaries intend to let courts decide – purpose for all, or same mens rea
(3) Result: Same culpability as target offense (allows for negligence in result crime)
d. Attempt: May be accessory for attempt to aid, although other person does not commit or attempt the offense
5.01(3), but conduct must be “strongly corroborative of the actor’s criminal purpose” 5.01(2)
e. Limits: Not an accomplice if (1) victim of the offense; OR (2) inevitably incident to commission of offense
f. Abandonment: Not Accomplice if he (1) terminates participation b/f commission, AND (2a) neutralizes
assistance (2b) gives timely warning to police, OR (2c) prevents commission of crime
g. Legal Incapacity: Accomplice if legally incapable helps a legally capable person commit offense, 2.06(5)
9. Conspiracy – MPC 5.03
a. Object must be a crime, 5.03(1); Merges with target, 1.07; Lasts until commission or abandonment 5.03(7)(a)
b. Conspiracy may exist even if no communication or no express agreement, provided there is a tacit agreement
c. Must act w/purpose of promoting or facilitating the target offense - Knowledge + Indifference is insufficient.
d. Goods and Services: Criminal purpose may be inferred from knowledge if evidence of stake in the venture
(i.e. inflated prices; no other legitimate use for goods; volume grossly disproportionate to any legitimate
demand)
e. Krulewitch, statements for hearsay exception must be in furtherance of objectives of conspiracy, which does
not include cover-up unless direct evidence of express original agreement to cover traces, Grunewald
f. Pinkerton Doctrine: (1) Commission of substantive offense and a conspiracy to commit it are separate and
distinct offenses, and (2) may impose vicarious liability on each conspirator for the acts of other based on
objective standard of reasonable foreseeability, BUT (3) liability is NOT retroactive
(1) MPC – conspirators liable for substantive crimes of co-conspirators only when strict conditions for
accomplice liability are met (i.e. “conduct strongly corroborative w/actor’s criminal purpose)
(2) MPC – combination only available when criminal objectives transcend any particular offenses committed
g. Even if multiple objectives, one conspiracy, when same agreement or “continuous conspiratorial relationship”
(1) Katteakos – Wheel, hub, and many spokes (success independent = many conspiracies)
(2) Blumenthal – Chain and links (multi agreements merely steps in formation of larger, general conspiracy)
(3) Bruno – Chain & Wheel (common venture – success of one, dependent on success of whole)
h. MPC Renunciation: (1) must thwart success of conspiracy (2) complete and voluntary [not waiting or fleeing]
10. Rape – MPC 2.13
a. Elements: (1) sexual intercourse (2) by male (3) w/female not his wife (4) by force or threat of force (4)
against the will (5) and w/o consent (6) general intent [resistance required in some states]
b. No rape if man fraudulently induces the female to consent to intercourse with him
c. MPC 2.13 (1st degree = serious bodily injury or non-social companion w/no previous relations, o/w 2nd)
d. Gross Sexual Imposition = “threat that would prevent resistance by woman of ordinary resolution; knows of
mental disease or defect, or knows victim unaware consent is to sexual intercouse” 2.13(2)
2. Homicide – MPC 210
a. Murder: (1) Purposely (2) Knowingly, OR (3) Recklessly w/extreme indifference to value of human life
b. Manslaughter: (1) Conscious disregard recklessness OR (2) under extreme emotional disturbance (subjective)
c. EED requires “a reasonable explanation or excuse” – “determined from viewpoint of a person in D’s situation
under the circumstances as D believed them to be” (obejective)
d. MPC discards common law rule that words alone could not amount to adequate provocation
e. Reckless conduct is intentional conduct, by way of either commission or omission, where there is a duty to act,
which conduct involves a high degree of likelihood that substantial harm will result to another, Welansky
3. Felony Murder – MPC 210.2(b)
a. While (1) in commission, attempt, or flight from (2a) robbery, rape, or deviate sexual intercourse w/force or
threat of force or (2b) arson, burglary, kidnapping or felonious escape (3) recklessness and indifference are
presumed (rebuttable, 2.10(2), jury q) – NY Affirmative Defense – Common guilty even accidentally
b. Act must be inherently dangerous conduct (1) when viewed in the abstract, or (2) in light of circumstances
c. Merges when (1) conduct is part of the lesser included offense, Smith, or (2) no independent purpose, Wilson
d. Killing must be done by D or accomplice acting in furtherance of the felonious undertaking, Canola
e. Shield Cases: “f”” inapplicable when D forces deceased to occupy a place of danger (Depraved Indifference)
f. No FM when co-felon killed by policeman in course of duties, b/c lawful conduct on part of policeman
g. CA: accomplice is vicariously liable for any killing attributable to intentional acts of associates committed
w/conscious disregard for human life, and likely to result in death Taylor (necessary to prove caused the death
of another, Antick)
4. Suicide – MPC 210.5
a. An informed volitional decision involving free will, usually breaks the chain of causation
 b. MPC 210.5(1) allows homicide if a person “purposely causes suicide by force, duress, or deception”
c. If a defendant engaged in commission of felony such as rape inflicts upon his victim both physical and mental
injuries, the natural and probable result of which would render the deceased mentally irresponsible and
suicide followed, he would be guilty of murder, when in absolute control of D (Stephenson)
Justification
Excuse