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Commits aggravated bafery balery a

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Unformatted text preview: hin the purpose or the contemplaJon of the actor unless: (a) the actual result differs from that designed or contemplated ... only in the respect that a different person or different property is injured or affected or that the injury or harm designed or contemplated would have been more serious or more extensive than that caused; or (b) the actual result involves the same kind of injury or harm as that designed or contemplated and is not too remote or accidental in its occurrence to have a [just] bearing on the actor's liability or on the gravity of his offense. MPC Sec. 2.03(2): TranslaJon When purposely or knowingly causing a parJcular result is an element of an offense, the element is not established if the actual result is not within the purpose or the contemplaJon of the actor unless: (a) the actual result differs from that designed or contemplated ... only in the respect that a different person or different property is injured or affected or that the injury or harm designed or contemplated would have been more serious or more extensive than that caused; or (b) the actual result involves the same kind of injury or harm as that designed or contemplated and is not too remote or accidental in its occurrence to have a [just] bearing on the actor's liability or on the gravity of his offense. Purpose or knowledge may be established, even though the result isn’t exactly what the actor intended, when: (1) The intended harm simply happens to a different person or property. (2) The harm caused is less serious than what the actor intended. (3) The harm caused (a) is the same kind as what the actor intended and (b) is not so unforeseeable that it would be unjust to impute purpose or knowledge. General v. Specific Intent Common law larceny: “Trespassory taking and carrying away of the personal property of another with intent to steal.” . Common law rape: “Sexual intercourse by a male with a female not his wife, without her consent.” Receipt of stolen goods: “IntenJonal receipt of stolen property with knowledge that it is stolen.” Common law burglary: “Breaking and entering the dwelling house of another at night with the intent to commit a felony therein.” State v. NaJons A person commits the crime of endagering the welfare of a child if he ... knowingly encourages, aids or causes a child less than seventeen years old to engage in any conduct which causes or tends to cause the child to come within [certain child welfare provisions].” MPC Sec. 2.02(7) Requirement of Knowledge Sa7sfied by Knowledge of High Probability. When knowledge of the existence of a parJcular fact is an element of an offense, such knowledge is established if a person is aware of a high probability of its existence, unless he actually believes that it does not exist. MPC Sec. 2.05(2) (a) When “absolutely liability” is imposed and the convicJon is based on such liability, the offense consJtutes a violaJon (i.e., only a fine; no prison sentence) [(b) can seek heavier penalJes if absolute liability is imposed by law but culpable commission of the offense is charged and proved]...
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This note was uploaded on 09/26/2013 for the course LAW NONE taught by Professor Olson during the Fall '12 term at SUNY Buffalo.

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