Crimes and Meanings Pages

General Considerations Every crime is made up of elements. 1. Act and intent – person intended to commit a crime. 2. Strict liability – do not require intent – act itself is a crime – example is selling of alcohol whether you know it is illegal or not. 3. Motive – the reason a person commits a crime.

Classes of Crimes Felony – penalty is more than one year in prison – more serious crimes. Misdemeanor – penalty is one year or less in prison.

Parties to Crimes Principal – person who commits the crime Accomplice – person who helps someone commit a crime Accessory before the fact – person who orders a crime or helps the principal commit the crime but is not present Accessory after the fact – person who helps the principal after the crime knowing a crime has been committed.

Crimes of omission – occurs when a person fails to perform an act required by a criminal law. Ex. – failure to file a tax return, leaving the scene of an accident.

Preliminary Crimes Behaviors that take place before the crime Complete crimes in themselves Can be punished even if the crime never occurs.

Solicitation Requesting or strongly urging someone to do something (if that something is illegal, then it is a crime).

Attempt Effort to commit a crime that goes beyond mere preparation but does not result in the commission of a crime Ex: attempting to shoot and kill someone, but missing the target

Conspiracy An agreement between two or more person to commit a crime

Homicide The killing of one human being by another

Noncriminal Homicide Killing that is justifiable or excusable Ex: Killing an enemy soldier during wartime, self defense, death penalty killings, some police officer killings

First Degree Murder Killing that is premeditated, deliberate, and done with malice(intent to kill)

Second Degree Murder Killing done with malice, but without premeditation Intent to kill did not take place before the murder took place.

Felony Murder Killing that takes place during a felony such as arson, rape, robbery, or burglary. Not necessary to prove intent to kill Most states consider this first degree murder

Voluntary Manslaughter Intentional killing committed under circumstances that mitigate (lessen), but do not justify or excuse the killing. The circumstances leading to the killing must be the kind that would cause a reasonable person to become emotionally or mentally disturbed

Involuntary Manslaughter Unintentional killing resulting from conduct so reckless that it causes extreme danger of death or bodily injury.

Negligent Homicide Causing death through criminal negligence One neglected to act and therefore caused the death Ex: vehicular homicide

Negligence Failure to exercise reasonable or ordinary care in a situation that causes harm to someone.

Suicide The deliberate taking of one’s own life

Euthanasia Putting someone to death painlessly Can carry the same consequences as murder or manslaughter

Assault Attempt or threat to carry out a physical attack upon another person

Battery Unlawful physical contact inflicted upon one person by another without consent

Forcible Rape Intercourse occurring without the consent of the female

Statutory Rape Sexual intercourse with an underage female whether she consents or not A mistake of age is not a defense for the male

Arson Willful and malicious burning of another person’s property

Vandalism Willful destruction or damage to the property of another

Larceny Unlawful taking and carrying away of the property of another with the intent to steal it. Grand(felony)= typically $200 or more Petty(misdemeanor)= typically under $200

Embezzlement Unlawful taking of property by someone to whom it was entrusted

Robbery Unlawful taking of property from someone’s immediate possession by force or intimidation

Extortion Threats to obtain property Blackmail

Burglary Breaking and entering a building with the intent of committing a felony.

Uttering Offering someone a genuine document(such as a check) although you know it is fake

Receiving Stolen Property Buying or receiving property you know was stolen

Drunk Driving Driving while intoxicated or while under the influence. Determined by you BAC (Blood Alcohol Content) The state operates behind a three-tiered definition for DUI based on a driver's BAC: General impairment: 0.08% to 0.099% High BAC: 0.10% to 0.159% Highest BAC: 0.16% and up