GEN: Can be charged with both attempt and and the completed crime, but only convicted of one.
Merger: Greater and Lesser Offenses
GEN: Merger if --
(1) Crimes arise from a single criminal act; AND
(2) All the statutory elements of the lesser offense are included in the greater offense.
PA: Accepted in PA. Can be held legally accountable for the conduct of another when --
(1) Acting with the kind of culpability that is suff. for the commission of the offense, and cause an innocent or irresponsible person to engage in such conduct;
(2) Made accountable for the conduct of such other person by statute or law; OR
(3) Accomplice of such other person in the commission of an offense.
(1) With intent of promoting/facilitating the commission of an offense he:
>> (a) Solicits another to commit it; OR
>> (b) Aids/agrees/attempts to aid such a person in planning/committing; OR
(2) Conduct is expressly declared by law to establish his complicity.
GEN: Considered a principal of the second degree.
Accessory After the Fact
KEY: Not an accomplice.
RATHER: Guilty of the offense of "hindering apprehension of prosecution."
Withdrawal from Accomplice Status
REQS: Complicity terminated priot to the commission of the offense AND --
(1) Wholly deprives it of effectiveness in its commission; OR
(2) Gives timely warning to law enforcement OR makes proper efforts to prevent the commission of the offense.
Solicitation -- Renunciation
GEN: Unlike federal law, PA provides that a person may claim renunciation as a defense to solicitation where, after solicitation, one persuades the other not to do the crime or otherwise prevents the commission of the crime.
KEY: Circumstances must manifest a complete and voluntary renunciation of his criminal intent.
REQS (PA): With the intent of promoting or facilitating the commission of the crime --
(1) Agmt to engage in criminal conduct or attempt or solicit re: crime; AND
(2) overt act in furtherance of the conspiracy.
UNILATERAL: Can be convicted of a conspiracy in PA even if the alleged co-conspirator is a member of the protected class or an undercover police officer feigning acceptance.
RENUNCIATION DEFENSE: Unlike federal law, it is a defense that an actor, after conspiring to commit a crime, thwarted the success of the conspiracy.
>> BUT: Requires complete and voluntary renunciation of his criminal intent.
NOTE: Not relieved of conspiracy merely because you're not physically present when the target crime is committed.
GEN (follows fed rule):
(1) Specific intent; AND
(2) Substantial step beyond mere preparation (in direction of the commission of the crime).
KEY: Abandonment as a derenge only where --
(1) not based on circumstances that increase the probability of detection/apprehension, or that render the crime more difficult; OR
(2) decision to pospone crim conduct until another time or to transfer the crim effort to another.
M'Naughten Rule:D entitled to acquittal if he had a mental disease or defect that caused him to either --
(1) Not know that his act would be wrong; OR
(2) Not understand the nature and quality of his actions.
NOTE: Loss of control b/c mental illness NOT a defense.
Buden of Proof: on D to prove insanity by a perponderance of the evidence.
"Guilty but Mentally Ill" Verdict: occurs when M'Naughten not satisfied but person still believed to be mentall ill.
Diminished Capacity (Mental Defect but NOT insanity)
GEN: Did not have the mental state required for the crime.
LIMITS: Only negates the specific intent requirement for 1st degree murder.
GEN: Not a defense to any criminal charge, but it can reduce a 1st degree murder charge to a 3rd degree murder conviction.
>> KEY Q: D lose rationality, faculties, or sensibilities so as to negate/lower SI to kill?
Lethal Self-Defense and Retreat
LSD NOT JUSTIFIED IF:
(1) Know that you can avoid DF w/ complete safety by retreating, bu surrendering possession of a thing to a person asserting a claim of right thereto, or by complying with a demand that he abstain from any action he has no duty to take; OR
(2) Actor provoked the use of force against him in the same encounter w/ same intent of cause death/SBI.
RETREAT: If you can do so safely, yes. BUT, no duty to retreat from one's own dwelling or in office unless actor is the instigator...
Defense of Others
GEN: Available in PA w/o a special relationship.
LOOK FOR: situation where person seeks to protect would be justified in using such force, or the defender would be justified using such force, or reasonable belief that intervention is necessary to protect another.
CRIME: Intent of preventing a pub servant from effecting a lawful arrest or discharging another duty, D
(1) creates a substantial risk of bodily injury to the public servant or anyone else; OR
(2) employs means justifying substantial force to overcome the resistance.
CONVICTION: Requires that underlying arrest lawful and arresting officer have acted with authority and PC.
NOTE: If you know arrest is being made by a police officer, cannot use force UNLESS --
(1) officer unlawfully uses or threatens to use deadly force.
GEN (Minority Rule): D is entitled to acquittal if police activity involves --
(1) making knowingly false representations designed to induce belief that such conduct ISN'T prohibited; OR
(2) employing methods of persuasion/inducement that create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it.
TEST: Objective focus on the conduct of the police officers.
(Battery = Assault)
Simple Assault (Misdemeanor): Three different types --
(1) Attempting to cause or causing bodily injury to another;
(2) Negligently causing bodily injury to another with a deadly weapon; OR
(3) Attempting by physical menace to put another in fear of imminent bodily injury.
Aggravated Assault (Felony):
(1) Attempting to cause SBI to another, or causing such injury IKR under circums. manifesting extreme indifference to the value of human life.
(2) Intentionally or knowingly causing or attempting to cause bodily injury w/ a deadly weapon.
(3) Simple asault of a public official in the performance of her duties.
(4) Noxious gas or stun gun against a public official.
Recklessly Endangering ANother Person
GEN: Recklessly engaging in conduct that places or may place another in danger of death or SBI.
GEN: Person communicates, directly or indirectly, a threat to --
(1) Commit any crime of violence with intent to terrorize another;
(2) Cause evacuation of a building or facility of pub transport; OR
(3) Cause serious pub inconvenience or terror w/ reckless disregard of the ris of causing such terror/inconv.
NOTE: Misdemeanor UNLESS causes actual disruption of normal biz operations or everyday life (ie. evacuation), in which case it's a felony.
Weapon of Mass Destruction
GEN: Bomb. Reporting without a factual basis or threaten placement thereof.
NOTE: Can go with terroristic threats charge.
GEN: Committed when a person, with an intent to harass/annoy/alarm another --
(1) Subjects another to physical contact;
(2) Follows another in a public place;
(3) Engages in a course of conduct or repeatedly commits act which serve no legitimate purpose;
(4) Communicate to or about another in any threating/obscene matter; OR
(5) Communicates repeatedly to another, specifically including in an anonymous manner or at extremely inconvenient hours.
(1) Person engages in a course of conduct,
(2) Repeatedly commits acts toward another; OR
(3) Repeatedly communicates w/ another
under circums that demonstrate an intent to place another in reasonable fear of bodily injury OR an intent to cause substantial emotional distress.
NOTE: Misdemeanor unless stalker has a history of violent crime or a previous history of stalking -- in which case it's a felony.
"Serious Bodily Injury"
GEN: Injury that creates a substantial risk of death or causes serious, permanent disfigurement, or protected loss/imairment of a body function.
GEN: Any device capavle of producing death or SBI, including unloaded guns.
Homicide by Vehicle and Homicide by Drug Delivery
Vehicle: reckless or gross negligence, and violation is cause of death.
Drug Dealer: administer, prescribe, sell controlled substance or counterfeit controlled substance.
Crimes Against Unborn Child
GEN: if harm pregnant woman, crime also committed against fetus.
GEN: Unlawfully restraining another so as to substantially interfere with his liberty.
NOTE: misdemeanor, unless victim under 18.
GEN (Felony): Unlawfully removing another a substantial distance, or unlawfully confining another for a sub. period in a place of isolation, w/ intent to --
(1) Hold for ransom or shielf as a hostage;
(2) Facilitate commission of any felony or flight thereafter;
(3) Inflict BI on or to terrorize the victim or another; OR
(4) Interfere w/ pub officials in performance of their duties.
NOTE: May be committed against one's spouse.
NOTE: Mistake of age defense is available in PA -- defense for D to prove by a preponderance of the evidence that he reasonably believed the child to be above the critical age.
Deviate Sexual Intercourse
Oral or anal sex, or penetration of such cavities with a foreign object w/o a GF purpose. Also beastiality.
Aggravated Indecent Assault: penetration (not sex) of the genitals or anus of another with a part of the actor's body for any non-GF prupose.
Theft by Unlawful Taking
Theft by Deception
(1) Create/reinforce false impression, including an impression as to law, value, intention, ect.;
(2) Prevents another from acquiring info that would affect his judgment of a transaction; OR
(3) Fails to correct a false impression that he previously created or reinforced or that he knows to be influencing another with whom he stands in a fiduciary or confidential relationship.
Theft by unlawful taking/disposition
Larceny by trick
Theft by Extortion
GEN: Intentionally obtain/withhold property of another by threating to --
(1) Commit another crim offense;
(2) Acuse anyone of an offense;
(3) Expose a secret tending to subject someone to hatred/ridicule/ect.;
(4) Take or w/hold action as an official....
Theft of Property Lost
GEN: Know that, upon coming into control of prop, that it has been lost, mislaid, or delivered by mistake, AND
(1) intent to deprive owner of that property; OR
(2) fail to take reasonable measures to restore the property to a person entitled to have it.
Receiving Stolen Property
GEN: Intentionally receives, retains or disposes of the movable property of another knowing that it has been stolen or believing that it probably has been stolen, UNLESS received, retained or disposed of with the intent to restore it to the owner.
GEN: Slightest force counts. Must be in the course of committing a theft.
GEN: With intent to defraud or injure anyone, OR w/ knowledge that he's facilitating a fraud or injurty that is perpetrated by anyone, a person --
(1) Alters any writing of another without his authority;
(2) Makes, completes, executes, ect any writing so that it purports to be the act of another who did not authorize that act; OR
(3) Utters any writing that he knows to be forced in the above manner.
WRITING: Includes money, coins, tokens, credit cards, TMs, other symbols of value, right privilege or ID.
>> More serous if an instrument of the government or an interest in / claim against property/enterprise.
Fraudulent Destruction, Removal, Concealment of a Recordable Instrument
GEN: with intent to deceive or injure, one destroys/removes/conceals a will, deed, mortgage, securitiey ect. for which the law provides public recording.
Tampering with Records/IDs
GEN: Falsify, destroy, remove, conceal any writing or record or mark... with intent to deceive or injure anyone or conceal any wrongdoing.
GEN: Only a crime where D knows the check will not be honored by the drawee.
Access Device Fraud
GEN: Usually CC fraud -- access device to obtain property or services with knowledge that...not authorized.
GEN: Person possesses or uses the ID info of another w/o consent to further any unlawful purpose.
>> Felony if more than $2K property obtained.
GEN: Enter a building or occupied structure with the intent to commit a crime therin, unless the premises are at the time open to the public or the actor is licensed or otherwise privileged to enter.
>> Occupied Structure: any structure, vehicle, or place adapted for overnight accommodation or for carrying on business therein.
>>>> INLCUDES: a fenced-in storage lot.
Arson Endangering Persons
GEN: Intentionally start a fire or cause an explosion (or aids or agrees to pay another to do so) provided --
(1) recklessly place another person, including but not limited to a firefighter, in danger of death or BI; OR
(2) commit the act w/ purpose of destroying/damaging an inhabited building or occupied structure of another.
>> Occupied Structure: any structure, vehicle, or place adapted
for overnight accommodation or for carrying on business therein.
GRADING: If no one dies, felony. If death, 2d murder, unless intent to kill, in which case 1st murder.
Arson Endangering Property
GEN: Intentionally start a fire or cause an explosion (or aids or agrees to pay another to do so) provided --
(1) Commit act w/ intent of destroying pr damaging a building or unoccupied structure of another;
(2) recklesly place an inhabited building or occupied structure of another in danger of damage or destruction; OR
(3) Commit the act with the intent of destroying/damaging property, whether one's own or of another, to collect insurance for such losses.
Buildings and Occupied Structures Knowing that one is not licensed/privileged to do so --
(1) enter, gain entry by subterfuge, or surrep. remain in the building (Felony 2d); OR
(2) break into a bdg or occupied structure (Felony 3d)
>> Break into: includes force, breaking, intimidation, lock-picking, ect.
GEN: Notice against trespass is given but person enters/remains in a place.
>> actual communication, posting in manner prescribed by law, fencing designed to exclude intruders.
NOTE: summary offense, unless refuse to leave -- misd
GEN: Knowing that not privileged, enter or remain in a place to --
(1) threaten the owner/occupant
(2) start a fire; OR
(3) damage the premises.
NOTE: Summary offense.
(1) property abandoned
(2) property open to public and actor complied with lawful conditions imposed on access
(3) reasonable belief that owner would have permitted him to enter or remain.
GEN: Making a false statement under oath, or afirming the truth of a statement previously made when the statement is material and the affiant does not believe it to be true.
NOTE: Falsity of statement must be established through the testimony of at least two witnesses, unless basis for perjury charge is inconsistent statements by D.