Elements of a Crime
(1) Actus Reus (the guilty act)
(2) Mens Rea (the guilty mind)
(3) Concurrence (actus reus and mens rea must happen at the same time)
(4) Causation (actual, but for test, and proximate cause, was harm foreseeable)
(5) Harm (certain crimes require proof of result)
Battery
(1) intentional
(2) harmful or offensive
(3) touching
(4) of another
Assault
(1) intentional
(2) threatening of another with battery
(3) creating reasonable apprehension of immediate bodily harm
Statutory Rape
(1) sexual intercourse
(2) consentual
(3) female
(4) under the age of consent
Sodomy
(1) deviate
(2) unnatural
(3) sexual practices
Mayhem
(1) malicous
(2) maiming or disfiguring
False Imprisonment
(1) intentional confinement
(2) of another person
(3) against person’s will
Kidnapping
(1) movement from one place to another
(2) against a person’s will
Homicide
(1) killing
(2) one human being
(3) by another
Murder
(1) homicide
(2) with malice
First Degree Murder
(1) murder committed by
(2) poison
(3) torture
(4) lying in wait
(5) other willful, deliberate and premeditated means
(6) through felony murder rule
Torture
(1) infliction of great bodily injury
(2) on another person
(3) intent to cause extreme pain and suffering.
(4) for the purpose of revenge, extortion, persuasion or sadistic purposes
Rape
(1) sexual intercourse
(2) with a woman
(3) without her consent
Second Degree Murder
(1) murder
(2) with malice
(3) not first degree
Voluntary Manslaughter
(1) murder
(2) mitigating circumstances
Involuntary Manslaughter
(1) unintentional homicide
(2)no malice
(3) by gross negligence
(4) or during commission of a crime not covered by the felony murder rule
Burglary
(1) the breaking and entering
(2) the dwelling house of another
(3) in the nighttime
(4) intent to commit a felony therein
Arson
(1) malicious
(2) burning of the dwelling house
(3) of another
Statutory Arson
(1) malicious
(2) burning of any structure
Larceny
(1) trespassory taking
(2) carrying away
(3) personal property of another
(4) intent to permanently deprive
Larceny by Trick
(1) larceny
(2) consent was given by owner to take property
(3) consent was obtained by fraud
Obtaining Property by False Pretenses
(1) obtaining title
(2) to another’s property
(3) through false representations of fact
(4) intent to defraud
Embezzlement
(1) fraudulent taking
(2) personal property of another
(3) by one to whom possession was entrusted
Robbery
(1) larceny
(2) person of another
(3) violence, force, intimidation, or threat of immediate harm
