Model Penal Code

Question 1

MPC Actus Reus Elements

Answer 1

1. Conduct elements – describes acts or omissions required to commit an offense
2. Circumstance elements– external facts that must exist to commit the crime
3. Result elements – any consequences of defendant’s conduct

Question 2

MPC Mens Rea Elements

Answer 2

Purposefully
Knowingly
Recklessly
Negligently

Question 3

MR: Purpose

Answer 3

His conscious object/effort to engage in conduct or cause a result; if the element involves circumstance he is aware or believes/hopes they exist

Question 4

MR: Knowledge

Answer 4

If element involves nature of conduct, he is aware that his conduct is of that nature or that circumstances exist and if element involves results he is aware that it is practically certain that his conduct will cause that result

Question 5

MR: Recklessness

Answer 5

1. Actor consciously disregards a substantial and unjustifiable risk that a crime element exists or will result from conduct.
2. Risk that is disregarded must be a gross deviation from the standard of conduct that a law-abiding person would observe in actor’s situation

Question 6

MR: Negligence

Answer 6

1. Actor should be aware of a substantial and unjustifiable risk that a material element exists or will result from conduct, and the failure to perceive such a risk must involve a gross deviation from the standard of care of a reasonable person in the actor’s situation

Question 7

If crime silent on mens rea

Answer 7

Default is recklessness

Question 8

Hierarchy of mens rea

Answer 8

Purpose, knowledge, recklessness, negligence

Question 9

Applying Mens Rea to Actus Reus Elements

Answer 9

1. When the culpability isn’t prescribed, it is recklessness; default = recklessness
2. When there is ambiguous wording and it doesn’t distinguish among material elements, the culpability term for one also provides mens rea for all others that follow it, unless another section is clearly set off (e.g. grammatically).
3. Hierarchy - Purpose > Knowing > Reckless > Negligent
4. “with purpose” or “with knowledge” != purposefully or knowingly, they are circumstance elements with separate mens rea (likely default of recklessness)

Question 10

Grading crime under MPC

Answer 10

1. Punishes to degree D would’ve been guilty had situation been as he supposed
2. If D can prove he thought he was committing a lesser crime, then he can be charged with a lesser crime.

Question 11

MPC Ignorance or Mistake of Fact or Law

Answer 11

1. Ignorance or mistake as to a matter of fact or law is a defense if:
   • The ignorance or mistake negates the purpose, knowledge, belief, recklessness, or negligence required to establish a material element of the offense or
   • Law provides that the state of mind established by such ignorance or mistake constitutes a defense
   • Defense not available if D would be guilty of another offense had the situation been as he supposed (reduce the grade and degree to that offense)