C. Crimes

Question 1

What is required for Assault?*

Answer 1

1) Specific intent to cause physical injury
- Impairment of physical condition/pain
- Serious risk of death/actual death
- Protracted impairment of health/function of any bodily organ

2) Causation of physical injury

Question 2

What are the types of Assault?*

Answer 2

Assault (1st degree)

• Serious physical injury
• Deadly weapon/Dangerous instrument used
• Noticeable disfigurement in person’s face

Assault (2nd degree) (Felony)

• Physical injury
• Deadly weapon/Dangerous instrument used
• Victim’s status (police/public servant/children/senior citizen)
• D’s mental culpability

Assault (3rd degree) (Misdemeanor)
- Physical injury

Question 3

What are the types of new Assaults to Penal Law?*

Answer 3

Vehicular assault (1st degree)

• Driving + either +0.18% alcohol in blood/Licence is revoked
• Serious physical injury to another/Child in car (< 15 years old) + Prior DWI conviction

Vehicular assault (2nd degree)

1) Serious physical injury to another
2) While driving + unlawfully drinking/texting/DUI
3) Vehicle/Boat/Snowmobile/etc

Gang assault

1) At least 3 assailants
2) Causing (serious) physical injury to another/TP

Stalking (Misdemeanor)

1) D NON-legitimately engages in conduct directed at specific P
- Domestic actions
- Matrimonial
- Partner breakup
- Tracking celebrities
2) D Knows/Reasonably knows such conduct likely to cause;
- Reasonable fear of material harm to P’s physical health/safety
- Physical harm to emotional health
- Reasonable fear of threat towards P’s employment/career

Stalking (Felony)

• Conduct causing physical injury to another
• Conduct leading to sex crime
• (Must be multiple acts, NOT one act which is Harassment)

Question 4

What is required for Homicide?*

Answer 4

1) D directly caused P’s death

2) Murder/Manslaughter/Criminally negligent homicide

Question 5

What is required for Intentional Murder (1st/2nd degree)?*

Answer 5

1) Intent to cause death;
- D’s conscious objective/purpose to cause P’s death (NY law)
- NOT D’s awareness that his conduct will cause P’s death (MPC)

2) Death of P/TP

3) P’s status
- Police officer
- Witnesses
- Relatives
- Judges/Court officers
- Paramedics

Question 6

When does the rule of transferred intent apply?*

Answer 6

ALL intentional homicide crimes

Question 7

What is required for Murder (2nd degree)?*

Answer 7

Depraved indifference murder

1) D ‘recklessly’ engages in conduct that creates grave risk of P’s death
2) D causes P’s death

NO intent required (unlike Intentional Murder)

Question 8

What is required for Felony Murder (2nd degree murder)?*

Answer 8

1) D (participant in crime) causes TP’s death (NOT other participant)

2) During/Immediate flight from commission of felony
- Robbery
- Burglary
- Kidnapping
- Arson
- Rape
- Escape

Question 9

What is required for Manslaughter (1st degree)?*

Answer 9

1) D has intent to cause P’s serious physical injury
2) D causes P/TP’s death
3) Under influence of extreme emotional disturbance

Question 10

What is required for Manslaughter (2nd degree)?

Answer 10

D ‘recklessly’ causes P’s death

• Conduct creating/contributing to substantial unjustifiable risk
• D is aware + consciously disregards the risk

Question 11

What is required for Criminally Negligent Homicide?*

Answer 11

1) Criminal negligence
- Conduct creating/contributing to substantial unjustifiable risk
- D has legal duty of awareness BUT ‘fails’ to perceive risk (grossly deviates from standard of care that reasonable person would observe in such circumstances)

2) D causes P’s death

Question 12

What is required for Sexual Offences?*

Answer 12

Lack of P’s consent

a) Forcible compulsion
- Intentionally places person in fear of immediate death/physical injury
- By force/threat (express/implied)

b) P’s incapacity to consent
- LESS than 17 years old
- Mentally disabled/incapacitated
- Physically helpless
- In care/custody of Department of Corrections/Community Supervision
- In care/custody of hospital + D is hospital employee

FYI Intoxication is NOT defence to sex crimes

Question 13

What is required for Trespass?*

Answer 13

D ‘knowingly’ OR unlawfully enters in/upon premises

Question 14

What is required for Burglary?*

Answer 14

Burglary (2nd degree)

1) D knowingly enters/remains unlawfully in
2) P’s House
3) Intent to commit crime

Burglary (3rd degree)

1) D knowingly enters/remains unlawfully in
2) Building
3) Intent to commit crime

Question 15

What factors determine the degree of Burglary?

Answer 15

• Dwelling
• Use of deadly weapon
• Causation of physical injury to non-participant

Question 16

What is required for Larceny?*

Answer 16

1) Intent to deprive another’s property

2) D wrongfully takes property from Owner

Question 17

What factors determine the degree of Larceny?

Answer 17

Value of stolen property

Question 18

What is required for Robbery?*

Answer 18

1) During commission of Larceny
2) D uses/threatens ‘immediate’ use of physical force on P

3) For D’s intended purpose of (NOT that such action caused);
- Preventing/Overcoming resistance to taking of property
- Compelling P to deliver up property

Question 19

What is required for Solicitation?

Answer 19

1) D intends that TP engages in criminal conduct
2) D solicits/requests/commands/importunes/attempts to cause TP to engage in criminal conduct
3) D communicates to TP to commit crime

NO resulting action by TP being solicited required

Question 20

What is required for Conspiracy?

Answer 20

1) D intends performance of criminal conduct
2) D agrees with at least one party (TP) to engage in/cause performance of criminal conduct
3) TP is/is NOT criminally liable due to lack of intent (undercover police)/other impediments (acquittal of alleged co-conspirator)
4) Proof of overt act (independent act tending to carry out conspiracy) by conspirator in furtherance of conspiracy

Question 21

What is required for Attempt?*

Answer 21

1) D ‘SPECIFICALLY’ intends to commit crime

2) D engages in conduct
- Tending to effect commission of the crime

Question 22

What is required for Criminal Facilitation?

Answer 22

1) D believes it probable that he is rendering aid to TP1 who intends to commit crime
2) D engages in conduct that provides TP means/opportunity for committing crime
3) D’s engagement in conduct aids TP to commit crime

D ‘s mental state NOT required for committing crime

Question 23

What is required for Sex Felony?*

Answer 23

1) Felony
- Gang assault
- Strangulation

2) For purpose of own direct sexual gratification