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MPC Potential Crimes (Conspiracy: An individual as opposed to two or more…
MPC Potential Crimes
Conspiracy: An individual as opposed to two or more persons, is liable for conspiracy if he agrees with another person or persons with the purpose of promoting or facilitating the crime.
If a person guilty of conspiracy knows that the person with whom he conspired, conspired with another person, then the conspirator is on the hook regardless of whether he knew the other conspirator.
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Homicide
Murder is a felony in the first degree if it was done purposefully; knowingly; or recklessly under circumstances showing an indifference to the value of human life.
Negligent homicide is a felony in the third degree if it was done negligently or there was no awareness of the risk.
Manslaughter is a felony in the second degree if it was done recklessly; or a homicide under circumstances showing an extreme emotional or mental disturbance where there is a reasonable explanation or excuse.
MPC does not recognize felony murder, but there is a rebutabble presumption of recklessness manifesting extreme indifference to the value of human life for some crimes such as robbery, rape, or deviant sexual intercourse.
Attempt: A person is guilty of an attempt to commit a crime if, acting with the kind of culpability required for the commission of the crime he (a) purposefully engages in conduct which would otherwise constitute the crime if the attendant circumstances were as be believes them to be OR (b) when causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on his part; OR (c) purposefully does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.
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If the conduct was designed to aid in the commission of a crime, and the attempt fails or is not completed by another person, is guilty of attempt.
Defense: (1) Renunciation: Renunciation is a defense if it is voluntarily abandoned or prevented the commission of the crime.
Impossible attempts: When the actor mistakenly believes that the crime can be completed or the intended harm will occur, when in fact it cannot possibly happen the MPC imposes liability for even "impossible" attempts. There is an escape hatch when the particular conduct is so inherently unlikely to result in a crime that such conduct does not pose a danger to the public. The court shall impose a lower sentence or dismiss the case.
Larceny: A person is guilty of theft if he (1) unlawfully takes (2) movable or unmovable property (3) of another with the (4) purpose to benefit himself or another not entitled to it.
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Found Property: If you find property you are guilty if with the purpose to deprive it from its owner, you don't take reasonable measures to restore the property to its owner.
Solicitation: A person is guilty of solicitation to commit a crime (1) if with the purpose of promoting or facilitating its commission he (2) commands, encourages, or requests another person to agree to engage in (3) specific conduct which would constitute such crime or an attempt to commit such crime or which would establish his complicity in its commission or attempted commission.
Uncommunicated Solicitation: Irrelevant! as long as his conduct was designed to effect such communication.
Defense: (1) Renunciation: It is a defense if the actor voluntarily persuaded the person not to commit the crime or prevented the commission of the crime.
Accomplice: You can be liable of accomplice by soliciting, aiding, agreeing to aid, or failing to act where there is a legal duty to prevent a crime. MPC makes a person liable as an accomplice if with the purpose of promoting or facilitating the offense he attempts to aid such other person in planning or committing it.
Defenses: (1) Withdrawal: A person avoids accomplice liability if he stops participating before the underlying crime occurs, and then undoes the effect of his prior actions, or thwarts the crime.
Extortion: (1) Purposefully obtains (2) property of another (3) By threatening to do one of the following (4) Inflict an injury, commit a crime, accuse the victim of a crime, expose a secret that would harm victim, cause a strike or boycott, testify or withhold testimony with respect to another's legal claim.
Burglary: (1) The unauthorized entering (2) of a building or structure (3) with intent to commit any crime.
Robbery: A person is guilty of robbery if, in the course of committing a theft, he: (a) inflicts serious bodily injury upon another; or (b) threatens another with or purposefully puts him in fear of immediate serious bodily injury; or (c) commits or threatens immediately to commit any felony of the first or second degree.
Embezzlement: A person is guilty of theft if he exercises unlawful control over movable or immovable property of another with purpose to deprive him thereof.
Sexual Assault: A man who has sexual intercourse with a female not his wife is guilty of rape if: (a) he compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone; or (b) he has substantially impaired her power to appraise or control her conduct (c) the female is unconscious (d) the female is less than 10 years old.
Strict Liability: MPC does not believe in strict liability, only minor offenses punished by fine.
False Pretenses: A person is guilty of theft if he purposefully obtains property of another by deception.
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Larceny By Trick: A person is guilty of theft if he purposefully obtains property of another by deception.
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