Criminal Law Outline
I. Elements of a Crime
A. Actus Reus (Physical component)
1. Voluntary act that causes social harm
2. Voluntary Act: a bodily movement, a muscular contraction
a) Involuntary acts are reflexive actions, spasms, epileptic seizures, bodily movements while unconscious
b) Automatism – motor functions but in an unconscious state – not imputed to the Δ, not voluntary acts
(1) Ex: sleepwalking, boxer unconscious but on feet
(2) However, if a voluntary act brought about the automatism, then not relieved of guilt
B. Mens Rea (Mental Component)
1. “morally blameworthy” or “culpable state of mind”
II. Categories of Crime
A. Specific Intent Crime – A separate mens rea must be proved, beyond the actus reus…a special motive or purpose for committing the crime must be necessary
B. General Intent Crime – No separate mental state is necessary to be guilty of the crime
1. General Mens rea
2. Positive: Crime is only committed when act occurs intentionally or grossly negligently
3. Negative: Unless there was something to justify or excuse from doing crime, guilty
4. Willfully à not general intent, willfully has to be proven
5. If statute is silent, assumption is that it is a general intent crime
General Intent Crimes
Specific Intent Crimes
Rape
Burglary
Larceny (associated larceny crimes)
Assault w/ intent to rape
Theft Crimes
III. Burglary
Burglary is considered a specific intent crime against a structure
A. Common Law Elements: You turn to common law when there is no statute that addresses burglary
1. Breaking
2. Entering
3. By Trespass w/o Permission
4. Dwelling House
5. Of Another Person
6. At Night
7. With Intent to Commit a Felony
B. Breaking
1. Door ajar is not breaking, unless there is s
ated
2. Entering – Any instruments used for effectuating entering were sufficient to satisfy entering element à departure from common law
3. At Night requirement – eliminated
4. All larcenies are felonies for California (defined in Statute)
a) Other states could have distinction b/w grand and petty larceny
5. Property need only have intrinsic value à stealing food, soap, etc
6. Dwelling house requirement was relaxed to include a number of structures
a) Burglary was differentiated b/w 1st and 2nd degree burglary depending on whether or not building was inhabited
IV. Arson – a crime against property
A. Elements:
1. Burning
a) Modern approach: liability where Δ damages building by fire
(1) Scorching or smoke damage is sufficient
2. Dwelling House
Has to be a dwelling w/ human habitation
