Criminal Law Outline
Sloss, Spring 2011
I. Mental States:
A. Mens Rea
1. Intentionally
2. Knowingly
3. Recklessly
4. Criminally or Grossly Negligent
5. Not required in Strict Liability crimes.
a. Minor offenses and violations (e.g. traffic).
b. Rape
B. Mistake
1. Mistake of Fact
a. Lack of knowledge about a fact, “I thought he was a deer.”
b. Can negate the Mens Rea of a crime.
c. Can’t be used in Strict Liability crimes…no Mens Rea.
2. Mistake of Law
a. Lack of knowledge about the law, “I thought it was OK to kill people.”
b. Not a defense unless it eliminates the Mens Rea, very rare.
c. Can be a defense if you are told by a government official, who is charged by law with determining what is proper (i.e. parole officer), that it is OK and you reasonably believe them (Miller p.32).
3. Mistake of Fact based on a Mistake of Law.
a. Mistaken about your legal status (i.e. that you are a felon – Snyder p.26).
b. Unclear how to interpret this, it is a fact created by the government.
II. Property Crimes:
A. Larceny:
1. Trespassory, Taking, and Carrying Away, of the Personal Property, of Another, with the Intent to Permanently Deprive the Prior Possessor thereof.
2. Larceny by Trick – False representation used to gain possession, knowing representation is false. King v. Pear p. 55.
3. Grand Larceny (Felony) – Over a specific dollar amount or from a person.
4. Petty/Petit Larceny (Misdemeanor) – Under a specific dollar amount and not from a person.
5. Impossible by a Bailee. They already have possession. Then it is embezzlement or Larceny by Trick (not an actual bailment).
6. Trespassory – Taking the item without permission/consent of owner/prior possessor.
7. Taking – Controlling/having in your possession. Caption (control).
8. Carrying away – Actually moving the item by exerting your control. Asportation (moving).
9. Personal Property – Not Real Property.
10. Another – Someone else…duh.
11. With Intent to Permanently deprive the Prior Possessor – Either permanently or in order to get the majority of the economic value of the item.
12. Self Service Store –
a. Owner gives custody, not possession.
b. Larceny complete when you have custody and form intent as evidenced by suspicious behavior (looking around furtively, hiding item, walking toward exit). Olivo p. 52.
c. Use of a shoplifting tool (false bottom, sweats that tie at the ankle) Larceny complete when you pick up an item, intent assumed – custody turns to possession as in Larceny by Trick because it was obtained under a false pretense. Olivo p.57.
13. Joy-riding – Not Permanent, no larceny.
B. Embezzlement:
1. Fraudulent, Conversion, of the Property, of Another, by One who already has Legal Possession of it.
2. Conversion completes the crime – not “Permanently Deprive”. Intent to payback irrelevant. Titus p. 73.
3. Fraudulent – Without permission of owner or boss.
4. Conversion – Use for yourself.
5. Pro
ing Away, of the Personal Property, of Another, with the Intent to Permanently Deprive the Prior Possessor thereof, which is taken from the Person or Presence of Another, and accomplished with the Use or Threat of Force.
2. Person or Presence – Immediate presence.
3. Accomplished with the Use or Threat of Force
a. Must coincide with crime (Larceny). Holley p. 126.
b. Must be credible threat or noticeable force.
c. Must be against person, not item.
d. Force used in escaping after Larceny not sufficient. Holley p. 126.
e. Force used in retaining property may count. Holley p.126.
4. “Claim of Right” – If person owes you a specific thing (money is a value not a specific thing) taking it back is not Larceny (negates intent)…but taking it by force is unacceptable as a defense.
E. Burglary:
1. Breaking and Entering, into the Dwelling house, of Another, in the Nighttime, with Intent to Commit a Felony.
2. Breaking and Entering
a. Any movement of a part of the house, opening a door, moving aside a curtain, etc.
b. Putting at least some part of your body (arm, etc.) or item (pole, etc.) inside.
c. Can include entering ‘public’ place with intent other than that authorized by owner.
