Crimlaw Rules 1

• Mens rea
• Actus rea
• Causation

Voluntary act or omission

Failure to act consitutes actus reus when duty exists:

• by statute
• by contract
• by special relationship
• by detrimental undertking
• by causation (placing victim in peril)

Require specific intent to accomplish the prohibited result.

FIAT

• First-degree murder
• Inchaote crimes (attempt, solicitation, conspiracy)
• Assault
• Theft

Require reckless disregard of a high risk of harm. Intent is inferred from accomplishment of the act.

Require intent to perform an act

Include:

• battery
• arson
• rape
• kidnapping
• false imprisonment

Purposely - act with conscious object to engage in the conduct

Knowingly - aware that conduct will lead to the crime being committed

Recklessly - acts with conscious disregard of substantial and unjustifiable risk

Negligently - should be aware of a substantial and unjustifiable risk.

No mens rea required.

Most crimes involve threatening public's health or safety or inherent dangerousness.

Mistake of fact - Must be an honest mistake. Not available for strict liability crimes. May be an unreasonable mistake for specific intent crimes, Must be reasonable for general intent and malice crimes.

Mistake of law - ignorance of law a defense only when there is reliance on decision of a court or an honestly held mistake of law negates the specific intent requirement.