PART ONE: DEFINITION, SOURCES, PURPOSE AND PUNISHMENT

Crime – is an action that violates an existing law that may be prosecuted by the local,
state, or federal government.

CRIMINAL LAW – SOME HISTORICAL NOTES

Principle of Legality – characterized by the Latin maxim nulla poena sine lege or penalty
without a law.” This has come to represent the principle that people are entitled to know
which acts are considered criminal and that punishment will be the result of that act.The
government has the power to regulate behavior – people’s behavior is influenced by
both civil law and criminal law. Criminal laws must be balanced with our civil liberties as
established by the U.S. Constitution and the Bill of Rights.

SOURCES OF CRIMINAL LAW

 The Common Law – developed in England and brought to the United States by
the English colonists
 Stare decisis – the doctrine that judicial decisions stand as precedents for
cases arising in the future
 Precedent – prior decisions of the same court or of a higher court which a
judge must follow in deciding a subsequent case
 U.S. Constitution and State Constitutions
 Statutory Law
 Ordinances – Local
 Administrative Law (Regulations)
 Court Rules – procedural
 The Model Penal Code – written under the direction of the American Law
Institute

PURPOSE OF CRIMINAL LAW

 To protect society
  The general goal is prevention of undesirable behavior. Most crimes focus on
serious behavior that is considered to be morally wrong or extremely dangerous.
 The tool used to prevent such behavior is punishment.

PUNISHMENT

 Specific Deterrence – aimed at specific individuals – “teaches” the individual not

to commit crimes in the future
 General Deterrence – aimed at all members of society – by watching others
being punished, we will avoid such punishment for ourselves
 Incapacitation – removes individuals from society
 Rehabilitation – altering behavior through various methods
 Retribution – societal vengeance

PART TWO: THE TWO ESSENTIAL ELEMENTS: MENS REA AND ACTUS REUS

2 Essential Elements:

1. Mens Rea – General intent; “evil mind”; mental element of a crime

 General Intent – intended the act, but not the result of the act
 Specific Intent – desire or purpose to cause the result of the act;
attempted crimes fall under specific intent
 Constructive Intent – under common law – the result was not intended,
but the act was very likely to cause the result – it is then treated as
specific intent
 Transferred Intent - an unintended illegal act results from the intent to
commit a crime – the original intent will transfer to the unintended result

MENS REA – MODEL PENAL CODE

The Model Penal Code – suggested approaches to laws. The Model Penal
Code recognizes four states of mind:

 Purposeful: most closely equates to the common law specific intent –

the result must be intentionally desired.
  Knowing: Must be aware of the nature of the act and must be
practically certain (near 100%) that the conduct will cause the result.
Here, the defendant is not taking the act to cause the result.
 Reckless: conscious disregards a substantial and unjustifiable risk that
the result will occur.
 Negligent: no conscious awareness of the risk when there should have
been; action is a gross deviation from a law-abiding person’s standards

MENS REA – PROVING MENS REA

 Subjective Intent – this a defendant’s actual intent – motives,

intentions and desires
 Objective Intent – this is not the defendant’s actual intent – this is
the legal imposition of what the defendant should have known or
believed – reasonable person standard.
 Inferences – conclusions that judges or juries are permitted to
make after considering the facts of the case
 Presumption – a conclusion that must be made by a judge or a jury
 Rebuttable Presumption – conclusions that must be drawn
by a judge or a jury, unless disproven by the facts. Example:
the presumption of innocence
 Irrebuttable Presumption – regardless of what the evidence
shows, an irrebuttable presumption stands as a fact.

MENS REA – MOTIVE

 Motive is the reason why a person does something

 Motive leads to mens rea
 Motive plays a role in sentencing, but is not an element of a crime

2. Actus Reus – Voluntary act; “evil act”; physical element of a crime

  Malum in se – crime is inherently evil – jurisdictions still recognizing this
distinction require and evil intent for these crimes
Eg: Murder, rape, arson
 Malum Prohibitum – crime is not evil in itself – it is only criminal because
it has been declared so by the legislature
Eg: failing to file taxes, failure to get a building permit.

ACTUS REUS – VOLUNTARINESS

 Actions must be voluntary for criminal liability

 The Model Penal Code lists the following acts as being involuntary:
 Reflexes and convulsions
 Bodily movements during unconsciousness or sleep
 Conduct during hypnosis or resulting from hypnotic suggestion
 Other movements that are not a product of the effort or determination of
that factor

ACTUS REUS – THOUGHTS AND STATEMENTS AS ACTS

 Thoughts alone are not enough

 The First Amendment protects free speech. However, there are limits to this
protection. Some examples include:
 Inciting riots
 Treason
 Solicitation
 Conspiracy
 Causing imminent harm to others

ACTUS REUS – PERSONAL STATUS AS AN ACT

 Personal status such as illness, financial status, race, sex, religion, are
examples of human conditions and cannot be declared criminal
 Personal status may not be criminalized, but it may be subject to the
regulatory authority of the state. Example: individuals who are mentally ill and
who pose a danger to themselves or others may be civilly committed.

ACTUS REUS – POSSESSION AS AN ACT

 Possession of certain items may be made criminal. Examples: narcotics,

contraband, dangerous weapons.
 The Model Penal Code states that possession can be actual or constructive.
Possession is an act as long as the possessor knowingly procured or
received the thing possessed or was aware of his control thereof for a
sufficient period to have been able to terminate his possession.

ACTUS REUS – OMISSION AS ACTS

 Failing to do something that should be done

 Duty imposed by Statute: leaving the scene of an accident – one is
required to stop at the scene
 Duty by relationship: parent to child, spouse to spouse
 Duty by contract: physician and patient, lifeguard.
 Assumption of duty: voluntarily taking on a duty – agreeing to watch a
friend’s child at the pool – assuming the duty to rescue
 Creating danger: intentionally or negligently causing a danger to a
stranger – arsonist has duty to rescue those in the fire – electrician has
duty to warn or save the inhabitants.

ACTUS REUS – CAUSATION

 In criminal law, two forms of causation exists: factual and legal

 An act is the cause in fact of the result if the result would not have occurred
unless the act occurred. This is the sine qua non test, which means that “but
for” the conduct the harm would not have resulted.
 Factual cause means that the D starts the chain of events – legal cause
means that the D can be held criminally responsible for the harm because the
harm is a foreseeable result of the D’s criminal act.
  Legal cause: also referred to as proximate cause
 The result must be a consequence of the act, not a coincidence. The
Model Penal Code uses the phrase “too remote or accidental.” The
similarity between the intended result and the actual result must be
examined.
 Intervening cause: common for legal cause to be lacking when there is
a happening that occurs after the initial act and changes the outcome.
 Factual Cause: to prove actual causation, it must be shown that the
defendant’s action set into motion the events that led to the prohibited result.
 Concurrence: for crimes that have both a mental and a physical element,
concurrence must be present.

PART THREE: CRIMES AGAINST THE PERSON

Examining Crimes:

 Elements - at trial, every element of a crime must be proven beyond a

reasonable doubt by the prosecution. If any element is not proven, then the
accused must be found not guilty.
 Merger Doctrine – some crimes have all of the elements, save one, of a greater
offense. The merger doctrine provides for the absorption of the lesser offense
into the greater if the greater is proven. However, if the only the elements of the
lesser offense are proven, then the accused may be convicted of the lesser
offense.

HOMICIDE – COMMON LAW

 The killing of one human being by another

 Not all homicides are crimes
 Mens rea (mental state) is extremely important in homicide
 Murder, at common law, was defined as:
- The unlawful killing of a human being with a malice aforethought.
 Felony – Murder Doctrine: the principle that is a person (even accidentally) kills
another while committing a felony, then the killing is murder.
  Misdemeanor Manslaughter: the principle that if a person (even accidentally)
kills another while committing a misdemeanor, then the killing is manslaughter.

HOMICIDE – STATUTORY APPROACHES

 First Degree Murder – the highest form of murder – more than one type –
includes premeditation or extreme atrocity or cruelty or it is done in the
commission of a major felony
 Second Degree Murder – a higher crime than manslaughter – murder without
premeditation

HOMICIDE – MANSLAUGHTER

 At common law, manslaughter was an unlawful killing without malice

aforethought. Like murder, many jurisdictions over time divided manslaughter
into categories. Many still have involuntary and voluntary manslaughter.
 The take-away is that manslaughter is a crime less severe than murder, involving
the wrongful, but not malicious, killing of another person.
 Imperfect Self Defense – if self defense isn’t done correctly, then there will be
some remaining culpability – examples include misjudging the situation or using
excessive force.
 Imperfect Defense of Others – same as imperfect self-defense
 Involuntary Manslaughter – the lowest form of criminal homicide – In most cases,
it is a form of negligence or reckless manslaughter – for example, vehicular
homicide

HOMICIDE – THE MODEL PENAL CODE

 Model Penal Code provides that a person is guilty of criminal homicide if he

purposely, knowingly, recklessly, or negligently causes the death of another
human being
 Murder – all purposeful and knowing homicides; felony of the 1 st degree
 Reckless Homicide – is a murder committed under circumstances
manifesting extreme indifference to the value of human life.
 Felony Murder
  Manslaughter – felony of the 2nd degree – all reckless homicides – an act that
would normally be murder will be manslaughter when it is committed
 Negligent Homicide – felonies of the 3rd degree – acts done negligently

HOMICIDE – BEGINNING OF LIFE AND SUICIDE

 When life begins is a continually – changing area of the law

 Under the common law, successful suicide was a crime and the property of that
individual was confiscated by the crown. Today, encouraging or aiding suicide is
a crime.

HOMICIDE – CORPUS DELICTI

 The body of the crime

 Prosecutors have the burden to prove the body of the crime at trial. It is the
substance of the crime. In a murder, it is the death of a person and the act that
caused the death. In an arson, it is a burned dwelling and the act that caused the
fire
 A confession alone is not enough to constitute corpus delicti

ASSAULT AND BATTERY

 Assault – an intentional threat, show of force, or movement that could

reasonably make a person feel in danger of physical attach or harmful physical
contact. It can be a crime or a tort. That threat can be described as an
unsuccessful battery, is an assault.
 Battery - an intentional, unconsented to, physical contact by one person (or an
object controlled by that person) with another person. It can be a crime or a tort.
The Model Penal Code provides a purposeful, knowing and reckless batteries. If
one uses a deadly weapon, negligence may rise to battery.
 Aggravated Assault and Battery – more serious – can have special names. For
example, assault with intent to commit rape or assault with intent to commit
murder.
MAYHEM

 Originally a common law crime. It is the crime of intentionally dismembering or

disfiguring a person. Some states specify which injuries classify, such as, loss of
an eye, ear, limb or castration.
 Under the common law, it was the act of rendering an opponent unable to fight
due to dismembering.

SEX CRIMES – RAPE

 At common law, the elements of rape:

 Sexual intercourse with a woman, not the man’s wife committed without the
victim’s consent and by using force.
 These elements were extremely problematic in that they only allowed for a
man to be convicted, the martial rape exception and many courts required
women to vigorously physically resist the assault.

SEX CRIMES – NONFORCIBLE RAPE

 Statutory Rape – the crime of a man having sexual intercourse with a girl under a
certain state-set age (whether or not the girl consents)
 Strict liability crime – the act alone is sufficient
 Similarly, having sex with those who are incapable of consenting due to mental
or emotional disability is also rape.

SEX CRIMES – SODOMY

 A general word for an unnatural sex act or the crime committed by such act.
Sodomy can include oral sex, anal sex or sex with animals.
 Historically, these statutes have been used to prosecute homosexuals.
 Law enforcement generally has no incentive to enforce these laws unless there
has been and or a resulting injury from the act.

SEX CRIMES – RAPE SHIELDS LAWS

 In the 1970’s and 1980’s these laws were enacted to protect victim from being
put on trial during rape prosecutions.
  Prohibits use of most evidences of a rape
 Tactics putting the victim on trial accounted for the non-reporting of many rapes

SEX CRIMES – INCEST, CRIMES AGAINST CHILDREN, CASTRATION

 Incest – sex between family members. Designed to protect children. Incest laws
generally mirror marriage laws – if two people can marry, then they are permitted
to have sex with each other
 Sex crimes against children – every state has laws protecting children.
 Megan’s Laws – all states now require sex offenders to register
 Castration – chemical and physical – as of 2019, eight states have laws
imposing either mandatory of voluntary.

KIDNAPPING, FALSE IMPRISONMENT, STALKING

 Kidnapping – taking away and holding a person illegally, usually against the
person’s will or by force.
 False Imprisonment – one person interferes with another’s liberty by the use of
threat or force without authority
 Stalking – the crime of repeatedly following, threatening, or harassing another
person in ways that lead to a legitimate fear of physical harm.

CIVIL RIGHTS AND HATE CRIMES

 Civil Rights - it is a crime against the U.S. for 2 or more persons to conspire to
injure, oppress, threaten, or intimidate a person for exercising a federally secured
right. Also, any persons acting pursuant to state law or authority who deprives a
person of a federally secured right due to alienage, race or color is guilty of
federal civil right crimes.
 Hate Crimes – most of the hate crimes statutes do not declare any particular act
criminal; rather; they are sentence enhancements for crimes in which the motive
was the victim’s race, ethnicity, religion or other factor.
 PART FOUR: CRIMES AGAINST PROPERTY AND HABITATION

CRIMES AGAINST PROPERTY AND HABITATION – HISTORICAL CONTEXT

 Property is both personal and real

 Some crimes also include a crime against a person
 Habitation - a home is not merely property – it is a refuge, a sanctuary. Special
common law crimes developed to protect such an important space.

ARSON – HISTORY AND COMMON LAW

 A crime against property and habitation

 It is the malicious and unlawful burning of a building. If the fire never touched the
building, then it was not arson (smoke damage was not enough)
 At common law, it was the malicious burning of a dwelling house of another. A
dwelling was defined as a structure inhabited by people.

ARSON – TODAY AND THE MODEL PENAL CODE

 Today, more broadly defined to prohibit the burning of one’s own property and
that of businesses. If a dwelling is burned, it is often considered to be aggravated
arson. Also, most statutes and the Model Penal Code recognize explosions as a
burning.
 Most states use degrees; first – dwellings; second – uninhabited structures; third
(or lowest) – personal property.
 Mens rea – under the Model Penal Code is purposeful and reckless. The fire
need not touch the structure – setting the fire is enough.

BURGLARY – HISTORY AND THE COMMON LAW

 It is a crime against property, habitation, and the person.

 1) the breaking and entering 2) of another’s dwelling 3) at night 4) for the
purpose of commiting a felony once inside. (The purpose may be theft, rape,
murder, or another felony.)
 The breaking had to be real or constructive (through fraud or force). Passing
through an open door was not a breaking.
BURGLARY – TODAY

 The requirement of “breaking” has been eliminated in modern statues and

replaced generally with an unlawful entry (trespassing, frauds, and breakings are
all unlawful)
 No jurisdictions still require that the property be a “dwelling” – most states punish
more severly if it was a dwelling or if a person was inside.
 “At night” is no longer required, but the crime is aggravated if it occurred at night
– it is also aggravated if there is a weapon.
 Many states continue to require the intent to commit a felony.
 Common elements are: 1) an unlawful entry 2) of any structure or building 3) for
the purpose of committing a felony or stealing from the premises 4) once inside.

THEFT CRIMES – INTRODUCTION

 Larceny was the first theft crime in common law – first created over 600 years
ago to prevent a breach of the peace (fights over possession of property) rather
than to protect ownership of property. It was narrowly defined at first, but evolved
over time.
 Early larceny was punishable by death and did not include thefts by fraud or
deception as they were less likely to result in a breach of the peach.
 Two other theft crimes were eventually added to fill this void – embezzlement
and false pretenses.
 Today, some states have change their common law, definition of larceny,
embezzlement, and false pretenses to more comprehensively cover more
contemporary crimes involving technological advances ( ex. Computer crimes,
electronic banking, etc.)
 Other states have abandoned the common law theft crimes and have enacted
consolidated theft statutes.

THEFT CRIMES – LARCENY

 Common law elements: 1) the trespassory taking 2) and carrying away

(asportation) 3) of personal property 4) of another 5) with an intent to
 permanently deprive the owner of possession. The acts reus was the taking and
carrying way – the mens rea was the intent to permanently deprive the owner of
possession.
 Trespassory taking means without consent – under the common law, if you took
with permission and did not give the item back, it was not a larceny, you would
have lawfully acquired possession.
 Constructive possession was developed to protect employers when they
entrusted property to their employees. Under this theory, the employer retained
constructive possession of the property while it was under the employee’s
control.
 Asportation is the carrying away of the property taken. Even a slight movement
constitutes asportation. The property does not have to be carried. For example,
riding a horse away is asportation.
 Personal property is “moveable,” “tangible” property. Intangible property are
things the represent ownership, like stocks, bonds, documents. Under the
common law, it was not larceny to steal intangible property. Today, most statutes
have been broadened to include all types of property.
 Land and items attached to the land, like a house, are considered real property
and thus are not personal property, as required by the element.
 Property of Another Person – One cannot steal from oneself. The common law
extended to partnerships, joint tenants, and spouses – consider to be one entity,
you could not steal from each other.
 Mens rea – taking something with the intention to return it is not larceny – you
must intend to permanently deprive the other person of their property. However,
if the property is held so long that the property loses value or the property is
subject to substantial risk, then it can become a larceny. Also, if there is a good
faith belief that the property is yours, then there is no larceny.
THEFT CRIMES – EMBEZZLEMENT

 Embezzlement was created to address those situations that did not meet the
element of trespassory taking in larceny and only applied to tangible property.
Today, it applies to nearby all forms of personal property.
 Conversion – any act that deprives an owner of property without that owner’s
permission and without just cause. It is the unauthorized control over property
with an intent to permanently deprive the owner of its possession or which
substantially interferes with the rights of the owner.
 Mens rea – intent to defraud – negligent conversion is not embezzlement. Valid
defenses include: Bona fide claims of mistake of fact and law.

THEFT CRIMES – FALSE PRETENSES

 Common law did not criminalize lies designed to gain ownership of property. This
is in line with the concept of caveat emptor which translates to “let the buyer
beware”
 To address this gap in the law, false pretenses was born
 At common law, the elements of false pretenses were a false representation of a
material present or past fact made with knowledge that the fact is false and with
an intent to defraud the victim thereby causing the victim to pass title to property
to the actor.
 False representation – can be oral or in writing – it can even be implied by
one’s actions. Caveat emptor is still followed. However, the law requires that any
affirmative statements be true.
 The false representation must be material and it must relate to a present or a
past fact. Opinions and future predictions cannot be the basis of false pretenses.
 It must be proved that the defendant knew the statement was false. Most
jurisdictions will also accept recklessness when it comes to the knowledge
required.
 Intent to defraud – a bona fide belief that the property belongs to you is a
defense. Additionally, the victim actually has to be defrauded. If it can be shown
 that the victim knew of the falsity of the statement and proceeded anyway, there
is no crime.

THEFT CRIMES – FALSE PRETENSES – FRAUDULENT CHECKS

 A type of false pretenses involves fraudulent checks - the crime of acquiring

property or money by writing a check from an account that has insufficient funds
to cover the draft.
 Most states have “bad check” laws – three common elements of those laws are:
 Mens rea may be proven by showing either an intent t defraud the payee
or knowledge that there were insufficient funds in the account
 The check must be taken in exchange for something of value
 There must have actually been insufficient funds in the account.

THEFT CRIMES – FALSE PRETENSES – MAIL FRAUD

 Another crime related to false pretenses is the crime of using the U.S. mail
system with an intent to defraud another of money or property. This is a crime
against the United States because the mail system is run by a federal agency.
 The intended victim need not be defrauded; the act of sending such mail with the
intent to defraud is the crime itself.

THEFT CRIMES – RICO

 RICO (Racketeer Influenced and Corrupt Organizations Act) – enacted in the

early 1970’s to curb organized crime.
 Through federal statutes and subsequent court opinions, all businesses today
(not just traditional organized crime) are subject to RICO
 Pattern of racketeering activity – pattern means two or more acts.
Racketeering activity is defined by statute which provides a list of state and
federal crimes. State crime examples include murder, kidnapping, extortion, and
drug sales and transportation. Federal crimes examples include mail fraud, wire
fraud, human trafficking, securities fraud and bribery.
 Forfeiture – the taking of the property and money of a defendant by the
government in criminal proceedings. Forfeiture is in addition to any fines.
Defendants stand to lose the entire enterprise itself.

THEFT CRIMES – FORGERY

 Making a fake document or altering a real document with the intent to commit
fraud.
 The elements of forgery are: the making of false documents alteration of existing
documents making them false and passing the document to another with the
intent to defraud
 Actus reus – making the document and the passing of the document
 Mens rea – knowledge of the falsity of the document and intent to defraud
 In some states, forgery and uttering are separate crimes. In those states, forgery
is making the false documents and possessing an intent to defraud. Uttering is
the crime of presenting the document to the victim with an intent to defraud.

THEFT CRIMES – RECEIVING STOLEN PROPERTY

 The criminal offense of getting or concealing property known to be stolen by

another. The primary focus of this law is apprehend fences, people who
purchase stolen property with the intent of reselling the property for a profit.
 The elements are receiving property that has been stolen with knowledge of it
stolen character with an intent to deprive the owner of the property.
 Receipt – may be shown by actual or constructive possession – includes
purchases and gifts. Property must be stolen
 Mens rea – must know or have a subjective belief it is stolen.
 It is also a federal crime if it has traveled in interstate commerce

THEFT CRIMES – ROBBERY

 Robbery is a trespassory taking and carrying away of personal property from

another’s person or presence using either force or threat with an intent to steal
the property.
 Robbery is actually a type of assault mixed with a type of larceny.
 Trespassory taking – same as for larceny
 Use of force or threat – this is the elemnt that most distinguished robbery from
larceny – if any force is used beyond that which is necessary to simply take the
property, then it is a robbery – a threat of force to the victim or to another will also
suffice as long as it is immediate.

THEFT CRIMES – EXTORTION

 Extortion is also known as blackmail

 Involves a threat of future harm
 At common law, extortion only involved public officers.
 Today, the elements are the taking or acquisition of property of another using a
threat with an intent to steal the property. A few jurisdictions require that the
extortionist actually receive the property, others require only the threat.
 Threat – future physical harm and/or to reputation, business, financial status or
family relationship. The threatened conduct itself need not be illegal.
 The federal government has made it a crime for federal officers to extort another
by threatening to expose a violation of federal law.

THEFT CRIMES – CONSOLIDATED THEFT STATUES

 Many jurisdictions have replaced the common law crimes of larceny,

embezzlement, and false pretenses with a single crime: theft. Each jurisdiction
includes different crimes under this umbrella, but they all include larceny,
embezzlement, and false pretenses. Robbery is generally not included because
of its significant threat of harm.
 Consolidated statutes are written in such a way so as to cover all three of the
aforementioned common law crimes. As such, if a jury decides that a defendant
has committed a larceny and not an embezzlement, they can still convict. At
common law, if the prosecutor charged the wrong crime, this would result in an
acquittal.
THEFT CRIMES – THE MODEL PENAL CODE CONSOLIDATION

 Like the previously mentioned consolidated theft statutes, the Model Penal Code
has adopted a consolidated statute. Some recognized forms of theft are: theft by
taking (larceny & embezzlement); theft by deception (false pretenses); extortion;
theft of property known to be mislaid, misdelivered, or lost, with no reasonable
attempt to find the rightful owner; theft of professional services by deception or
threat; conversion of entrusted funds; and unauthorized use of another’s
automobile.
 Remaining separate are robbery and forgery.

THEFT CRIMES – IDENTITY THEFT

 Identity theft – occurs when an individual uses another person’s name, social
security number, email address or other identifying information in an effort to
represent himself as the victim.
 Mens rea – In most statutes it is an intention to either gain something of value
through deceit or to commit any other crime.
 A defendant can be convicted both of identity theft and of the underlying crime.
 Identity theft is both a state and federal crime.

DESTRUCTION OF PROPERTY

 Commonly called “criminal mischief.” It is the criminal offense of intentionally

destroying another person’s property.
 Mens rea – Normally, a specific intent crime.
 Includes all types of destruction that affect the value or the dignity of the property.

COMPUTER CRIMES

 Two basic types: 1) where the computer is the target of the crime. Examples are
theft of hardward and software, destruction and vandalism, and viruses used to
destroy computer programs. 2) this involves using a computer in the commission
of a crime. Examples include cyberstalking and distributing illegal material, like
child pornography.
  Some crimes committed involving computers are covered through our current
theft crimes, etc.
 This is a fast-growing and ever-changing area of the law.

PART FIVE: CRIMES AGAINST THE PUBLIC

Crime against the public – crimes involving the public welfarr, social order, and
society’s morals. Most of these crimes are malum prohibitum in nature, not malum in se.

 There are no individual victims. Historically, many of these laws were/are

premised on moral judgment, often on religious beliefs.
 Others in this category bear directly upon the administration of government and
justice and less upon moral determination.

CRIMES AGAINST PUBLIC MORALITY

 Prostitution – Prohibited nearly everywhere in the United States. Generally, the

elements are: 1) providing 2) sexual services 3) in exchange for compensation.
Compensation is usually money, but it can come in any form.
 Solicitation – Any person who engages in selling, buying or attempting to buy sex
is guilty of solicitation. Promoting same (e.g., pimps) is usually punished more
severely.
 Nearly always falls under state jurisdiction. However, could be federal where
there is transportation in interstate commerce.
 Previously, these crimes were considered “victimless.”

CRIMES AGAINST PUBLIC MORALITY

 There are various laws nationwide based upon moral objection to certain sex
acts. These laws are seldom enforced as these acts generally occur between
consenting adults.
 Indecent Exposure and Lewdness: In most states, the law prohibits 1) an
intentional exposure 2) of one’s private parts 3) in a public place. In some
jurisdictions, the exposure must be done in an “offensive manner.” The Model
Penal Code goes further with a provision proscribing (prohibiting) all lewd acts
 that the defendant knows are likely to be observed by others who would be
“affronted or alarmed” by the acts.

CRIMES AGAINST PUBLIC MORALITY

 Obscenity: MUST be balanced with the First Amendment to United States

Constitution. As such, this is a very complex area of the law.
 Many different criminarl prohibitions exist throughout the states and federal
government that focus on the sale, distribution, and possession of sexually
oriented materials, performance of erotic dance, and public nudity. So long as
minors are not involved, the activity is protected unless it is obscene. The
supreme Court of the United States has set forth guidance on how to
determine what is obscene. This area of law often leaves the courts split. So,
these cases are highly specific to jurisdictions. Additionally, numerous internet
regulations pertain to obscenity.

CRIMES AGAINST THE PUBLIC ORDER

 Crimes against the public order are crimes that involve breaches of the
peace. This term is defined and treated differently in different states, but
generally refers to any illegal public disturbance.
 Under the common law, there were three groups of breaches. 1) three or
more people meeting with an intention of causing a disturbance – this was
unlawful assembly; 2) if that group took action (an attempt), it was called
rout; 3) if they were successful in their action, it was a riot.
Failure to disperse: 2 or more people refuse a law enforcement officer’s
(or other official) order to disperse. Before the order to disperse can be
given, the assembly must be engaged in activity that is likely to cause
substantial harm or serious inconvenience, annoyance, or alarm.

CRIMES AGAINST THE PUBLIC ORDER

 Possession, Sale and Transfer Laws

o Possession: improper possession of a weapon that is otherwise
permitted
 Firearms Use Laws: laws forbidding the discharge of firearms in urban
areas, absent good cause; laws forbidding the use of certain weapons for
hunting and fishing; statutes prohibiting aiming, pointing or otherwise
using firearms to threaten people; using a firearm in the commission of a
crime
 Registration and Licensing: background checks, registration, licenses.
 Drug and alcohol crimes: these crimes are included here because of their
impact on society
 Alcohol: there are many alcohol related crimes. Alcohol may be legally
possessed, sold and consumed, subject only to a few restrictions.
o Public drunkenness – simply means being intoxicated in a public place.
It is a misdemeanor and rarely prosecuted.
o Minimum Age Requirement – all states have these laws. They pertain
to the sale or consumption of alcohol, contributing to the delinquency
of a minor.
o Merchant with Liquor License – examples of these laws regard sales of
liquor to minors, on holidays, on Sundays, or election days. Merchants
may face criminal charges, civil penalties, or loss of liquor license.
 Alcohol and automobiles – commonly called DUI or DWI.
 Drugs – This is an ever-changing area of the law, especially with regard to
marijuana
 These are 3 basic drug crimes: possession, sales/distribution and use.
 Sale/Distribution – punished more severely than possession. Sale is
prohibited. Possession with an intent to deliver or sell is similar to simple
possession, but it requires a mens rea of intending to sell/
 Unauthorized Use of a Controlled Substance: the mens rea is knowing
use.
 It is important to note that being an addict may not be made criminal. The
U.S. Supreme Court has held the criminalizing a person’s status as an
addict is cruel and unusual punishment as prohibited by the Eighth
Amendment.
  It is permitted to punish a person for the act of taking a controlled
substance.
 Possession of Drug Paraphernalia – prohibits the sale, use, and
possession of drug paraphernalia. These laws are aimed at retailers who
sell the devices that used to take drugs (needles, specialized pipes, etc.)
 These laws are routinely challenged as being overly broad because they
include devices that may be used for both legitimate and illegal purposes.
 Check your jurisdiction.
 RICO and CCE: The Continuing Criminal Enterprise Statute (CCE) and
the Racketeer Influenced and Corrupt Organizations Act (RICO) are two
complex federal laws specifically designed to target organized crime.
 RICO was enacted to fight organized crime. CCE was enacted to combat
drug trafficking.
 RICO is an act that specifically prohibits organized crime activities such as
money laundering, conspiracy, embezzlement, fraud, illegal gambling
schemes, bribery, prostitution, labor violations, and drug crimes.
 Unlike RICO, CCE targets only illegal drugs. CCE targets 1) an
administrator, organizer, or other leader 2) of a group of 5 or more people
3) who are involved in a series of drug violations (3 or more)

CRIMES AGAINST THE ADMINISTRATION OF GOVERNMENT

 Perjury – was a common law crime and still exists by statute in every
state. It is: 1) the making of a 2) false statement 3) with knowledge that it
is false 4) while under oath. Mens rea is difficult to prove – the person who
made the statement must have known that it was false.
 Some jurisdictions require that the false statement be “material” (important
to the matter).
 Subornation of perjury – this occurs when one convinces or procures
another to commit perjury.
  Bribery – was a crime under the common law. In fact, bribery goes all the
way back to biblical law where it was wrong to attempt to influence judges,
who were considered to be God’s earthly representatives.
 Regarding commercial life – whenever a person who is engaged in
business activities breaches a duty of trust owed to someone (or
something, such as business organization) in exchange for something of
value, bribery has been committed.
 Tax crimes – people in the U.S. are taxed at the local, state and federal
level. Examples include income tax, gift and estate taxes, sales tax.
 Tax evasion – paying less than required or underreporting one’s income
with the intent of paying less tax.
 Tax fraud – closely related to tax evasion. It involves using fraud or false
statements to avoid tax obligation.
 Obstruction of justice – any act that interferes with the performance of a
public official’s duties obstructs of justice. It is most commonly associated
with law enforcement and judicial officials.
 Contempt – failure to comply with a court order is contemptuous, as is
taking any act with the purpose of undermining a court’s authority or
intending to interfere with its administration and process.
 Direct Criminal Contempt – refers to acts that occur in the presence of the
judge. Due process rights are suspended as it occurred in the presence of
the judge.
 Indirect Criminal Contempt – refers to actions taken outside the presence
of the court, but which are violative of a court order.

CRIMES AGAINST SOVEREIGNTY AND SECURITY

 Terrorism – acts of terrorism have been the catalyst to new terrorism and
sedition laws.
 FISA (Foreign Intelligence Surveillance Act of 1978) – delegated
substantial authority to federal law enforcement officials providing for
secret court orders authorizing surveillance.
  Anti-terrorism and Effective Death Penalty Act of 1996 – limited habeas
corpus relief, required victim compensation, requires courts to provide
closed circuit television access to victims where the venue of trial is
outside of the location of the crime.
 Patriot Act of 2011 – federal law enforcement can monitor electronic
communication, web searches “roving wiretaps” created several new
crimes.

CRIMES AGAINST THE ENVIRONMENT

 Clean Water Act

 Clean Air Act
 Toxic Substances Control Act
 Federal Insecticide, Fungicide, and Rodenticide Act
 Emergency Planning and Community Right-to-know Act