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Common Law definition of Arson
Arson is the malicious burning of the dwelling house of another.
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Elements of Arson
Common Law and MPC:
- 1) Malice
- Must have one of the following mental states to prove malice:
- A) Intent to burn
- B) Knowledge that structure would burn
- C) Intent to create an obvious fire hazard
- 1) Negligence is not sufficient to prove malice.
- 2) No felony murder rule
- 3) High risk created by burning own dwelling - If on creates a high risk that other residences will catch fire, shi guilty of arson if one of them does. (Intentional Creation of a fire hazard type of malice.
- 2) Burning All of the following must be present to prove burning:
- A) A fire - Not just an explosion
- MPC 220.1(1) - Starting a fire with the purpose of destroying a building or occupied structure of another. (Burning not required);this expands to include explosions.
- B) That at least charred (burned, not discolored)
- C) Part of the structure (Not just the contents of the house).
- Cal. Penal Code 450 - Includes the burning of another's personal property, although the penalty is less severe than arson involving a structure.
3) Dwelling - Structure must be a dwelling.
- MPC 220.1(1)(a) - Building or occupied Structure; Cal. Penal Code 450 - any structure, forest land, or property.
- A) Cal. Penal Code 451(d) - burning of property not inhabited or peronal property owned by defendant is arson if done with intent to defraud.
- 4) Of another - Must be that of another person - Not crime to burn own house, possession rule's, not ownership.
- Misdemeanor of Houseburning - One who intentionally burns her own dwelling commits the common law misdemeanor of "houseburning" if the house is located in a city or town or sufficiently close to other houses to create a risk of their burning.
- Cal. Penal Code 451
- burning of structure or property made arson without regard to ownership or identity of inhabitants.
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Punishment
Common law felony and Felony by statute in almost all jurisdictions.
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What is the definition of Assault?
Common Law
Attempt to commit a battery.
Model Penal Code:
An attempt to cause bodily injury to another or an attempt by physical menace to put another in fear of imminent serious bodily harm.
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Elements of Attempted battery as assault?
- 1) Mens Rea
- A) Must have intended the application of force to the victim.
- B) Intent to willfully commit an act, the direct, natural, and probable consequences of which would be injury to another.
- 2) Actus Reus
- - Defendant must have progressed sufficiently towards completing the battery.
- 3) Present ability to succeed
- - Proof that defendant had the present ability to succeed in an attempt to commit a battery.
4) Conditional Assault - Fact that the defendant expressly or impliedly represented that she woul.d not commit a battery if the victim complied with certain demands does not bar a conviction for assault.
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Elements of Intentional Placing in fear as assault?
1) Intent to cause apprehension of harm.
2) Victim must be apprehensive.
3) conduct sufficient to create reasonable apprehension.
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Definition of Attempt?
- Common Law
- Attempt the commission of any felony or misdemeanor.
Modern Law
Attempt consists of a specific intent to commit a crime and an act in futherance of that intent that goes far enough towards completion of the crime.
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Definition of Battery?
The unlawful application of force to the person of another.
Modern Law
Injury or offensive touching required.
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