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Chapt Three

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CJ temple

Text of Chapt Three

The General Principles of The General Principles of Criminal Liability:Criminal Liability:Actus ReusActus ReusActus Reus Actus Reus Mens Rea Mens Rea Concurrence Concurrence Attendant CircumstanceAttendant CircumstanceBad Result Bad Result

Any person who, by means of starting a Any person who, by means of starting a fire, intentionally burns a building which fire, intentionally burns a building which results in the damage or destruction of results in the damage or destruction of propertypropertyLatin ! the guilty actLatin ! the guilty actA"a # The Criminal ActA"a # The Criminal ActThe first principle of criminal liability The first principle of criminal liability$o one should be punished, e%cept for something$o one should be punished, e%cept for something he or she has done& he or she has done&$ot a crime to merely thin" about committing a$ot a crime to merely thin" about committing a crime, or intend to harm someone has to be an act crime, or intend to harm someone has to be an act'efined:'efined:The re(uirement that attitudes ha)e to The re(uirement that attitudes ha)e to turn into deeds in order to be considered turn into deeds in order to be considered criminal&criminal& 2709.Harassment.(a)Offense defined.--A person commits the crime of harassment when, with intent to harass, annoy or alarm another, the person:*+,stri"es, sho)es, "ic"s or otherwise sub-ects the other person to physical contact, or attempts or threatens to do the same.*/,follows the other person in or about a public place or places.*0,engages in a course of conduct or repeatedly commits acts which ser)e no legitimate purpose.*1,communicates to or about such other person any lewd, lasci)ious, threatening or obscene words, language, drawings or caricatures.*2,communicates repeatedly in an anonymous manner.*3,communicates repeatedly at e%tremely incon)enient hours. or*4,communicates repeatedly in a manner other than specified in paragraphs *1,, *2, and *3,&5 06++& Traffic"ing in indi)iduals& 5 06++& Traffic"ing in indi)iduals&*a, 7ffense defined&88A person commits a felony of the*a, 7ffense defined&88A person commits a felony of the second degree if the person: second degree if the person:*+, recruits, entices, solicits, harbors, transports, *+, recruits, entices, solicits, harbors, transports,pro)ides, obtains or maintains an indi)idual if the person pro)ides, obtains or maintains an indi)idual if the person"nows or rec"lessly disregards that the indi)idual will be "nows or rec"lessly disregards that the indi)idual will besub-ect to in)oluntary ser)itude. or sub-ect to in)oluntary ser)itude. or*/, "nowingly benefits financially or recei)es anything */, "nowingly benefits financially or recei)es anythingof )alue from any act that facilitates any acti)ity described of )alue from any act that facilitates any acti)ity describedin paragraph *+,& in paragraph *+,&+&+&9ust be :oluntary9ust be :oluntary/&/&Cannot be due to statusCannot be due to status;n order for there to be an act there must be:;n order for there to be an act there must be:*+, bodily mo)ement and *+, bodily mo)ement and */, it must be )oluntary */, it must be )oluntary !"efine"#!"efine"#refle%es, con)ulsionselationships @pecial >[email protected] @tatutesContracts Contracts'efined:when the nature of the 'efined:when the nature of the relationship between / people creates relationship between / people creates the legal duty to actthe legal duty to acteg&Parent8child,doctor8patient, eg&Parent8child,doctor8patient, employer8employee, carrier8passenger employer8employee, carrier8passenger and in some states husband and wifeand in some states husband and wifemost legal duties are created by statute *eg&most legal duties are created by statute *eg&Child abuse, report ta%es, 9eaganAs law,Child abuse, report ta%es, 9eaganAs law,Generally failure to perform moral duties is Generally failure to perform moral duties is not a crime&B%ception:not a crime&B%ception:Good @amaritan law Good @amaritan law:imposes legal duty to:imposes legal duty to render or summon aid for those in need& render or summon aid for those in need&American bystander rule American bystander rule:$o legal duty to rescue:$o legal duty to rescue or summon help for someone in danger, e)en ifor summon help for someone in danger, e)en if the bystander ris"s nothing by helping& the bystander ris"s nothing by helping& legal duty created by agreementlegal duty created by agreementCommonwealth )& Pestina"asCommonwealth )& Pestina"asLegal fictionLegal fiction:Pretending something is :Pretending something is a fact when it is not&a fact when it is not&/ Cey Concepts in discussing the / Cey Concepts in discussing the concept of Possession concept of Possession +&+&ControlControl/&/&CnowledgeCnowledgeActual PossessionActual Possession # the illegal item is # the illegal item is within oneAs physical controlwithin oneAs physical controlConstructi)e PossessionConstructi)e Possession # the illegal # the illegal item is within oneAs control, but not in item is within oneAs control, but not in his