Chapter 2 Criminal Law

II. Elements of a Crime

  1. Criminal Act
  2. Required State of Mind
  3. Motive- NO

III. Particular Crimes

  • Crimes against people- NYS Penal Code
    1. Homocide– killing of one human being by another
      1. manslaughter– killing without “malice aforethought” (evil intent)
        1. sudden death, not premeditated
      2. involuntary manslaughter- sudden taking of a life without any intent. Death caused by ones reckless act
    2. Murder– killing of another individual with “malice aforethought” (evil intent)
    3. 1st Degree Murder:
      1. Premeditation
      2. Level of cruelty
      3. While commiting another felony
      4. High profile individual-police
    4. 2nd Degree Murder:
      1. Same as 1st degree murder- only difference is level of cruelty
  • Crimes against property
  • Crimes against business interests

Assault and Battery

  • assault- attempt to commit a battery
    • assault is pointing the gun at someone
    • simple assault and battery are usually misdemeanors
    • aggravated assault is commited with a deadly weapon, or with intent to commit a felony
  • battery- unlawfual touching of another person
    • the bullet strinking someone is the battery
    • usually involves the forceful use of someone’s hands, knife, gun, or can be the use of poison or drugs on an unexpecting person
  •  only offense that is a crime and can sue civily

Kidnapping- the unlawful removal of restraint of a person against his or her will

  • usually includes imprisonment for ransom, terrorism, torture, rape or to commit a felony

Sex Crimes- include rape, date rape, statutory rape (engaging in sexual relations with a minor) as well as other types of situations

  • the definition of sex crimes has broadened in recent times. (Women being charged more often, sexual harassment…)

Hate Crimes- many states have made it a crime to use certain symbols, writings, pictures, or spoken words to cause fear and anger in people due to race, religion, color, gender or sexual reference

Crimes Against Property– theft, robbery, embezzlement- anything owned by a person or entity

Larceny- unlawful taking and carrying away of the personal property

  • petty larceny- $300 or less= misdemeanor
  • grand larceny- More than $300= felony

Embezzlement- stealing of another person’s property by someone who has been entrusted with that property

Robbery- the unlawful and violent (or threat of violence) taking of another person’s personal property

Shoplifting- the act of stealing merchandise from a store- the severity of the charge depends on the vvalue of the goods stolen (Five Finger Discounted)- shoplifting costs businesses billions of dollars a year

Burgulary- the breaking and entering of a dwelling a business typically at night with the intent to commit larceny

Crimes Against Government- and administration of justice includes tax invasion, treason, perjury

Crimes Against Business Interests- (white collar crimes)- Larceny by False Prenteses (Fraud) is the intentionally taking of another person’s money or property by intentially deceiving that person (Con artist)

Forgery- false making or changing of a written document with the intent to defraud- the forged item must have a legal effect, such as a signature on a check or a credit card

Bribery- the payment or giving of anything of value to a public official in order to influence their official activity

Extortion- the unjust taking of money or thing of value by a public official- also the obtaining money or property by threat to a victims property or loved ones, including intimidation

Crimes Against the Public Peace- and order include such crimes as rioting, disorderly conduct, illegal speeding

Crimes Against Realty (property, real estate)- include arson, burglary, criminal trespass

Arson- the willful and malicious burning of a house or building

Vandalism- willful or malicious damage to property- may also be called malicicous mischief or criminal damaging(malice=intent)

Criminal Conduct-

  • against people
  • against property
  • against government
  • against business interests
  • against public peace
  • against realty
  • against consumers
  • against decency
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