Elements of a crime
5-99 years in prison or life; Fine not to exceed $10,000
1st degree felony
2-20 years in prison; Fine NTE $10,000
2nd degree felony
2-10 years in prison; Fine NTE $10,000
3rd degree felony
act of comission or omission of a crime
Actus Reus
List the 5 elements of a crime
Actus Reus Mens Rea Causation Concurrence Consequence
Similar to defense, when you admit to what being accused of but for a legal reason Must be proven by a preponderance of the evidence Used in sexual assault and satutuory rape
Affirmative defense
Actions that caused the outcome
Causation
Jail NTE 1 year; Fine NTE $4000; or both
Class A misdemeanor
Jail NTE 180 days; Fine NTE $2000; or both
Class B misdemeanor
Fine not to exceed $500
Class C misdemeanor
Actus Reus and Mens Rea occurring together
Concurrence
Punishment or outcome of a crime
Consequence
Complete failure to see action is a risk
Criminal negligence
Person has an excuse to commit a crime
Defense
Affirmative defense Not guilty if forced to commit crime due to threat of death or injury Does not apply if the person intentionally, knowingly, or recklessly put himself in that position
Duress
Crimes consist of certain elements, which are to be proved in court, in order to find someone guilty. Each crime will have them listed in the description of the crime.All crimes require a mens rea except strict liability crimes. These crimes have no mens rea. If you do them, regardless if you meant to, it is a crime. Examples are: traffic offenses, statutory rape
Elements of a crime
Opportunity vs. Persausion Law enforcement officer induced person to commit a crime the person would not normally commit
Entrapment
When a law does not apply to a person, prosecutor must prove the accused does not have a reason as to what they are doing
Exceptions
Affirmative disease At the time of conduct Mental disease Did not know conduct was wrong
Insanity
Meant to do it, wanted to do it, did it
Intentionally
Vountary intoxication is not defense
Intoxication
Knew what was doing when doing it
Knowingly
Mental intent during a crime
Mens Rea
Is a defense Perception of facts by actor is mistaken Has to be reasonable
Mistake of fact
Ignorance of law is not an excuse for breaking that law
Mistake of law
Affirmative defense An action committed to prevent a greater harm If proven in court person can be found not guilty
Necessity
Reasonable person aware of risk and disregards
Recklessly
Affirmative defense Defending of self or another person If proven in court person can be found not guilty
Self defense
180 days - 2 years; Fine NTE $10,000
State Jail felony
