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Unformatted text preview: tantial and unjustifiable risk that circumstances exist or a result will follow, described by the statute defining the offense, and that failure constitutes a substantial deviation from the standard of care that a
reasonable person would exercise in the situation. Intent
1. Subjective fault – bad mind of actor
PSMV knowingly possess.
2. Objective fault – no purposeful
conduct, Receive stolen property,
honestly but naively don’t know it is
3. Strict liability: trespassing, no
mental state required. Food General & Specific Intent General: the intent described in
statute, the minimum requirement.
At time subjective and objective fault.
Specific: general intent plus
enumerated special mental element.
EG: Burglary: breaking and entering
plus intent to commit a felony therein
(mental state once inside is specific) Case: Carjacking a Friend’s
Car? Harris v. State ( MDApp 1999): indicted
unlawful taking MV, defense voluntary
intoxication (THC and alcohol =
blacked out). Driving, D forcibly
removed friend from car and drove off,
car reported stolen.
Statute: obtain car by force or
fear/intimidation. Defense: D not
intend permanently deprive. MPC Mental Attitudes
1. Purposely: conscious object engage
conduct or cause such result 2. Knowingly: he is aware th...
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This document was uploaded on 02/20/2014 for the course CJL 250 at Roosevelt.
- Spring '14