Essay rule statements

Question 1

Larceny

Answer 1

A person commits larceny through the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive that person of the property (i.e., with the intent to steal).

In North Carolina, larceny of goods valued at more than $1,000 is a felony.

To be larceny, the property must have been taken without the owner’s consent and the defendant’s original taking must have been wrongful.

Question 2

False pretenses

Answer 2

In North Carolina, the crime of false pretenses requires (i) a false representation of fact, or regarding a future fulfillment or event, (ii) made with the intent to cheat or defraud, (iii) which does cheat or defraud, and (iv) by which the defendant obtains, or attempts to obtain, value.

Unlike the common law, North Carolina does not require title to pass.

The factual representation must be false, but it can include the present intent to make a false promise about the future. The victim must rely on the representation and that reliance must cause the victim to pass title or possession to the defendant. The defendant’s possession must be wrongful at the outset.

Question 3

Embezzlement

Answer 3

Embezzlement is the fraudulent conversion of the property of another by a person who is in lawful possession of the property.

In North Carolina, embezzlement is a felony and requires that the defendant (i) was over 16 years old, (ii) acted as an agent or fiduciary for the principal, (iii) received money or property of the principal in the course of employment or fiduciary capacity, and (iv) fraudulently or knowingly and willfully misapplied or converted it to his own use.

The defendant must have intended to defraud the owner of the property and must have been in lawful possession of the property when this intent occurred.

Question 4

Motion to dismiss for insufficiency of the evidence

Answer 4

In North Carolina, a criminal defendant may move to dismiss charges for insufficiency of evidence (i) upon the close of the state’s evidence, (ii) upon the close of all the evidence, (iii) after a guilty verdict, but before entry of judgment, or (iv) after discharge of the jury without a verdict.

Question 5

Robbery

Answer 5

Common-law robbery is larceny by force or intimidation, when the taking of the property is from the person or presence of the victim.

Larceny is the trespassory taking and carrying away of the personal property of another, with the intent to permanently deprive that person of the property.

“Trespassory” means without the owner’s consent.

Robbery requires that the taking be from the person or his presence. “Presence” requires that the property be within the victim’s reach or control.

Question 6

Kidnapping

Answer 6

In North Carolina, a defendant is guilty of kidnapping if he unlawfully confines, restrains, or removes someone from one place to another, by force or fraud, without consent.

The common-law movement element is not required.

The kidnapping must occur: (i) for ransom, as a hostage, or using the victim as a shield; (ii) to facilitate the commission of a felony or flight therefrom; (iii) to do serious bodily injury or to terrorize the victim; or (iv) to hold the victim in involuntary or sexual servitude.

Question 7

Principle

Answer 7

A principal is the person whose acts or omissions are the actus reus of the crime, in other words, the perpetrator of the crime.

Question 8

Accomplice

Answer 8

An accomplice (i.e., an accessory before the fact or a principal in the second degree) is a person who, with intent that the crime be committed, aids or abets a principal prior to or during the commission of the crime.

The difference between an accessory before the fact and a principal in the second degree is presence. An accomplice who is constructively present during the commission of the crime is a principal in the second degree. For example, a getaway driver is deemed constructively present and will be considered a principal in the second degree.

An accomplice is responsible for the crime to the same extent as the principal.

However, mere knowledge that another person intends to or does commit a crime is not enough to make a person an accomplice.

Question 9

Conspiracy

Answer 9

Conspiracy is an agreement between two or more persons to accomplish an unlawful purpose, with the intent to accomplish that purpose.

North Carolina does not require an overt act in furtherance of the conspiracy. The crime of conspiracy is complete upon the parties’ agreement to accomplish an unlawful purpose with the intent to accomplish that purpose.

Question 10

Accessory after the fact

Answer 10

An accessory after the fact is a person who aids or assists a felon in avoiding apprehension or conviction after commission of the felony.

An accessory after the fact must know that a felony was committed, act specifically to aid or assist the felon, and give the aid or assistance for the purpose of helping the felon avoid apprehension or conviction.

The mere failure to report a crime is not generally itself a crime.

However, a person who gives false information to the police in order to prevent the apprehension of a felon can be an accessory after the fact.

Question 11

Battery

Answer 11

Battery is the unlawful application of force to another person that causes bodily harm to that person or constitutes an offensive touching.

Simple battery is a misdemeanor in North Carolina, unless the defendant inflicts serious bodily injury that creates a substantial risk of death, causes serious disfigurement or coma, or the battery results in a protracted or permanent condition causing extreme pain or impairment or requiring prolonged hospitalization.

Question 12

Burglary

Answer 12

Burglary is the breaking and entering of the dwelling of another, at nighttime, with the specific intent to commit a felony therein.

Breaking is accomplished by using force to create an opening into a dwelling, but the force used may be slight, such as opening an unlocked door or window.

In North Carolina, a breaking occurs if the defendant enters a dwelling with the intent to commit a felony or larceny, or while being in the house commits such a crime, and then breaks out of the dwelling in the nighttime.

North Carolina defines first-degree burglary as a burglary committed in a dwelling that is occupied at the time.

Question 13

Pinkerton Rule

Answer 13

Under the Pinkerton Rule, a conspirator can be convicted of both the offense of conspiracy and all substantive crimes committed by any other co-conspirators acting in furtherance of the conspiracy.

Question 14

Solicitation

Answer 14

Solicitation is the enticing, encouraging, or advising of another person to commit a crime with the intent that the other person commits the crime.

Question 15

Possession of a controlled substance

Answer 15

Possession may be actual or constructive. The defendant must have power over the substance and the intent to control its disposition or use.

In North Carolina, an inference of knowledge and possession arises when a controlled substance is discovered on property the defendant controls.

Question 16

Maintaining a Dwelling for Use or Possession of Controlled Substances.

Answer 16

In North Carolina, it is illegal for anyone to knowingly keep or maintain a store, shop, warehouse, dwelling house, vehicle, or any other place resorted to by people illegally using controlled substances for the purpose of using, storing, or selling the controlled substances

Question 17

Involuntary manslaughter

Answer 17

North Carolina defines involuntary manslaughter as the unlawful killing of a person, without malice, without premeditation and deliberation, and without intent to kill or cause serious bodily injury, which proximately results from:
(i) the commission of an unlawful act that is neither a felony nor inherently dangerous;

(ii) some act done in an unlawful or criminally negligent manner;

or

(iii) a criminally negligent failure to perform a legal duty that the defendant was capable of performing.

Question 18

Defense of causation

Answer 18

For involuntary manslaughter, there must be a causal connection between the unlawful act and the death.

If the victim would not have died but for the defendant’s act, then that act is the cause-in-fact of the death.

Proximate cause exists only when the defendant is deemed legally responsible for a homicide.

For the defendant to be legally responsible for a homicide, the death must be foreseeable.

The death is deemed foreseeable if it is the natural and probable result of the defendant’s conduct. Actions by a third party are generally foreseeable.

Question 19

Justification

Answer 19

When a defendant’s actions, despite being criminal, are socially acceptable, the defendant has acted justifiably.

Question 20

Necessity

Answer 20

In North Carolina, a defendant may assert necessity as a defense only when the defendant’s actions are necessary to save someone’s life or health or to save him from severe injury. There must be no reasonable alternatives, and the defendant’s actions must be reasonable.

Question 21

Arson

Answer 21

Arson is the malicious burning of the dwelling of another.

In North Carolina, first-degree arson results when the dwelling is occupied.

Malice does not require ill will; it is sufficient that the defendant performs an act with reckless disregard that creates a substantial risk of such burning.

Question 22

Felony murder

Answer 22

Felony murder is an unintended killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony.

Inherently dangerous felonies include arson and burglary.

Felony murder is first-degree murder in North Carolina.

Question 23

First degree murder

Answer 23

North Carolina defines first-degree murder as the unlawful killing of a person with (i) malice, (ii) premeditation, and (iii) deliberation.

Malice includes the following mental states: intent to kill, intent to inflict serious bodily injury, reckless indifference to an unjustifiably high risk to human life (depraved heart), or intent to commit certain felonies (felony murder).

Premeditation means the defendant reflected on the idea of killing or planned it.

Deliberation requires evidence of a specific intent to kill.

Question 24

Consent

Answer 24

Consent of the victim is not a defense to a crime unless the consent negates a required element of the crime or precludes the harm sought to be avoided by the crime.

Such consent must be voluntarily and freely given, involve no fraud, and be given by one competent to consent.

Note that consent is not a defense to homicide, so a “mercy killing” (i.e., euthanasia) can be a criminal homicide even if the person was willing to die because of a painful terminal illness.

Question 25

Involuntary manslaughter

Answer 25

North Carolina defines involuntary manslaughter as the unlawful killing of a person, without malice, without premeditation and deliberation, or without intent to kill or cause serious bodily injury, which proximately results from: (i) the commission of an unlawful act that is neither a felony nor inherently dangerous; (ii) some act done in an unlawful or criminally negligent manner; or (iii) a criminally negligent failure to perform a legal duty that the defendant was capable of performing.

Question 26

Criminal negligence

Answer 26

Criminal negligence is a grossly negligent action (or inaction when there is a duty to act) that puts another person at a significant risk of serious bodily injury or death.

Question 27

Possession of a controlled substance - marijuana

Answer 27

It is illegal to possess a controlled substance.

Marijuana is a Schedule VI controlled substance in North Carolina.

Possession may be actual or constructive. It requires the defendant to have power over the substance and the intent to control its distribution or use. An inference of knowledge and possession arises when a controlled substance is discovered on property the defendant controls.

Question 28

Self-defense

Answer 28

In North Carolina, self-defense resulting in death is excused when (i) the defendant believed deadly force was necessary to protect himself or another from imminent death or great bodily harm, (ii) the defendant’s belief was reasonable, (iii) the defendant was not the initial aggressor, and (iv) the defendant did not use excessive force.

In addition, a person may use deadly force in defense of property to prevent or terminate forcible entry into a dwelling if the occupant reasonably believes that the intruder intends to commit a felony inside.

Question 29

Withdrawal

Answer 29

In North Carolina, an accomplice continues to be criminally liable for the commission of a felony until he (i) “renounces the common purpose,” (ii) makes it obvious that he has done so, and (iii) makes it known that he has no intention of participating further.

Question 30

Grand larceny

Answer 30

In North Carolina, Larceny is the trespassory taking and carrying away of property belonging to another.

Larceny is a specific-intent crime. The intent to permanently deprive the owner of the property must be present at the time of the taking.

There is no defense of restoration if the defendant later has a change of heart and restores the property to the rightful owner.

The crime is complete at the time of the taking.

A person can also be found guilty of larceny if she finds property that appears to be abandoned if she knows or reasonably should know that the property belongs to another (usually from markings that identify the rightful owner of the property).

The necessary specific intent does not exist when the defendant’s intent is to borrow the property with the ability and intention to return it, or to pay for merchandise that she has the means to buy. In North Carolina, larceny is a felony if the property is valued at over $1,000.

Question 31

Receiving stolen property

Answer 31

Receiving stolen property is a statutory crime that requires (i) receiving control of stolen property (ii) knowledge or reason to know that the property is stolen, and (iii) intent to permanently deprive the owner of the property. Knowledge that the property is stolen must coincide with the act of receiving the property. Only control, not actual possession, is necessary. The goods must have actually been stolen at the time they are received, and the defendant must believe that they have been stolen.