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