General Intent: Only reqs desire to do the proscribed act; includes reckless and criminally negligent states of mind (rape, battery, kidnapping). Nullified by honest and reas mistake of fact.

Strict liability: no mens rea req'd. Act + Result = Guilt. (statutory rape, bigamy, public health, safety regs)

Specific intent: Reqs proof that D intended to create specifically prohibited harm, includes purpose or knowledge ("w/ intent to" (first-degree murder, assault, inchoate crimes, property-related crimes). Nullified by honest but unreas mistake of fact and voluntary intoxication.

Recklessly: gross deviation from norm in consciously disregarding substantial and unjustifiable risk ("D knew the risk but didn't care") (aware of risk but not enough to have substantial certainty that a particular result will come from it)

Knowingly: knows, w/ almost absolute certainty, that will produce result

Criminal Negligence: Gross deviation from norm in failing to perceive substantial and unjustifiable risk ("D did not realize he created the risk, but should have, b/c a reas person in that situation would have"). Greater deviation than civil neg

Transferred Intent: intent to harm a particular individual or object transfers if instead it causes similar harm to another person or object

Intent to inflict serious bodily injury: Conscious desire or substantial certainty that D's actions will result in V's injury. Serious/grievous bodily harm = significant but not fatal injury

Intent to kill: D acts w/ the purpose to kill another or w/ knowl that his conduct will kill another. Deadly weapons doctrine: intent to kill inferred from D's use of instrument designed to kill or used in manner likely to kill or inflict grievous bodily harm (swinging a bat at V's head)

First-Degree Felony Murder: when the felony is enumerated by statute (e.g. rape, burglary, robbery, arson, kidnapping)

Second-Degree Murder: a catch-all for all other CL murders

Common Law: act w/ a dangerous propensity towards completion of the crime

Model Penal Code: act must be a substantial step in a course of conduct planned to culminate in the commission of the crime.

Intent: acts intentionally w/ purpose or knowledge (but for inchoate offenses, it really only means purpose, not knowledge)

Willful: acts purposefully or knowingly, w/ moral turpitude (similar to intent). Lecture: ONLY purpose (not knowl)

Express Malice: D intended to kill another human being. To prove intent to kill, D acted w/: 1) purpose to kill, 2) knowl that her conduct would kill, or 3) intent to inflict grievous bodily harm altho no intent to kill

Implied Malice: D caused death as a result of extreme reckless or criminal neg conduct that manifested a wanton disregard for human life. (reckless or neg w/o wanton disregard = involuntary manslaughter, not murder. no implied malice)

Concurrence: Mental state must actuate (set in motion) conduct that produces criminal result (mens rea + actus reus -- first sets the later in motion. do NOT need to be concurrent in time)

Substantial factor: Multiple causes/parties responsible but D's act was a substantial factor in causing crim result

Acceleration (homicide): D's conduct speeds up inevitable death, even if brief ("mercy" killing to put someone out of misery after they were stabbed or something is still murder)

"But for": result would not have occurred but for D's conduct

If the intervening event is foreseeable, it will not supersede --> D is still liable. Foreseeable = negligence (Also D's sensitivites are foreseeable -- take V as you find him, eggshell skull rule --> dependent or responsive to D's initial cause)

If it is unforeseeable normally will supersede --> relive D of liability and break causal connection to crim result. Unforeseeable = grossly negligent or reckless conduct that accelerates a death set in motion by D (independent intervening cause or a mere coincidence more likely to be unforeseeable) (normal responses to D's conduct are foreseeable, like jumping into the ocean to avoid D's gunshots)

and demonstrates wanton indifference to human life and conscious disregard of un reas risk of death or serious bodily injury

proximately caused (death was foreseeable outgrowth of felony) +

If reqs ^ are met --> malice is automatically inferred. A complete defense to the underlying crime is a defense to FM

"Right connection to felony": death must be foreseeable outgrowth of felony. Liberally applied -- only coincidences ruled out.

"Right time": death must be result of injuries inflicted during the commission, attempt, or immediate flight from felony. Felony starts when D could be convicted of attempt, and terminates when D reaches temporary safety

CL: Attaches to all felons for any homicide during felony, just reqs proxy cause of death. Ex: group robbery. Homeowner trips on way to call cops and dies. All felons are responsible

some apply when non-felon kills non-felon -- V aims at felon but kills bystander

Non-violent felon: Min CL: Exempt felony if not armed and did not participate/have knowl of co-felons' intent

Redline limitation : Maj CL: Police or V kills co-felon --> felon not guilty if a co-felon (and not an innocent) is killed

Premeditation: D must think about the act of killing. CL: Can premeditate immediately. ML: Some time necessary, but brief is enough time to decide. Most jxs require jury to find that premeditation occurred after intent to kill was formed, which means proof of some reflection. Quantity of thought.

Deliberate: D must make deliberate choice to kill, reqs rational thought. Voluntary intoxication, diminished capacity may prevent. Quality of thought

Heat of passion negates malice element --> intentional killing mitigated by adequate provocation or other circs negating malice

Adequate provocation (objective) = a provocation that would lead a reas person to lose self-control and fly into sudden homicidal rage. Mere words not enough (generally). Rage must be hot -- time to cool off can't be too long. There must be a causal connection -- intent to kill must result from the provocation.

Gross neg: unaware of risk but reas person would have been aware. Ex: mishandling loaded weapons, driving dangerously like DUI, shaking baby so hard it causes death.

D did not intend to kill or expect conduct to cause death, but death still results from unjustified risk creation. Only implied malice if so extreme it indicates a wanton disregard for human life.

Misdemeanor manslaughter (min rule): unintentional killing that occurs during commission/attempt of an inherently evil misdemeanor or a non-BARRK felony, like petty theft

False Imprisonment: Confinement of one person by another when it is intentional, against the law, and V is fully confined (no reas exits)

D unlawfully applies force (can be indirect like a rock if D puts it in motion)

Defenses: 1) valid consent (football), 2) self-defense and defense of others as long as proportional force, 3) prevention of crime so long as proportional force

Majority: Failed attempted battery: proof that D intended to actually batter a V but failed --> so long as D intended to commit battery, no defense that V was not aware of assault or that D was not presently able to commit (tried throwing a rock at V and missed, even if V was unaware)

Reas apprehension: No assault when reas person would not expect imminent bodily harm. More "expectation" than "fear" -- must simply anticipate that battery will result in immediate bodily harm. V must be aware of threat of harm.

Can rise to aggravated felony assault when : 1) D commits w/ dangerous weapon, 2) D acts w/ intent to rape or murder V, 3) V is specially protected by statute

Modern: suffices that V be taken to another location or concealed

Majority: some movement of V (asportation), restraint not enough

CL: 1) unlawful 2) restraint of a person's liberty 3) by force or show of force 4) so as to send V into another country

Statutory rape: If V is under statutorily prescribed age of consent (usually 16), intercourse = rape, even if V expressed her consent or D mistakenly believed she was of legal age. Under statutory age, V is legally incapable of giving consent.

Common law: 1) carnal knowl of a woman (vag penetration of V by D) not wife, 2) against her will (w/o consent), 3) by force or threat of force ("NO" was not enough)

if jury determines reas person in D's situation would have known V's lack of consent, that establishes rape

mistake of fact can be defense b/c no req to prove extrinsic force, but mistake must be both honest and reas (b/c general intent crime, not specific intent)

Arson: Malicious act that creates considerable risk of burning of dwelling of another. Malice established by (specific) intent or result or extreme recklessness. Modern: no req of dwelling of another (any property). Charring is needed (damage to actual structure, not just blackening).

Dwelling house of another: CL home where people lived, whether occupied or not and included structures on "curtilage" such as storage sheds. Modern: almost any structure whether or not "dwelling.:

Entering: Breaking to exist is not burglary. Placing any portion of body inside structure is. Modern: tool used for taking is sufficient

With intent to commit felony therein: B&E must be accompanied by simultaneous felonious intent (felony intent after B&E is insufficient)

Breaking CL: req's some force. Modern: relaxed to include slight enlargement of an opening (any trespassory entry). CL & Modern statute: entry by fraud, deception, threat is adequate

Human Shield Exception: If a victim is killed by the cops and a co-felon was using the victim as a human shield to try to get away, the felon is guilty too

Depraved Heart Murder (implied malice = reckless/neg + wanton disregard for human life = general intent) (if no wanton disregard, then it's not implied malice, and it's involuntary manslaughter)

Imperfect Self-Defense/Mistaken Justification -- using more force than necessary in defense because of an honest but UNREAS mistake of fact

Diminished mental capacity: a minority of states allow a mental disturbance short of insanity to nullify malic and reduce murder to manslaughter

Mayhem: ML: battery that causes permanent disfigurement