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MPC

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Updated 2007-04-25 23:03

Summary

The Model Penal Code by section & subsection.

Sections

Section/LocationWhat's in it
§ 2.02.General Requirements of Culpability
§ 2.02(1)(Except for 2.05) not guilty unless acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense.
§ 2.02(2)(2) Kinds of Culpability Defined
§ 2.02(2)(a)(a) Purposely(i) nature of conduct or a result: conscious object to engage in conduct of that nature or to cause such a result; and (ii) attendant circumstances: aware of the existence of such circumstances or he believes or hopes that they exist.
§ 2.02(2)(b)(b) Knowingly (i) nature of conduct or attendant circumstances: aware that his conduct is of that nature or that such circumstances exist; and(ii) result: aware that it is practically certain conduct will cause result
§ 2.02(2)(c)(c) Recklessly consciously disregard substantial and unjustifiable risk that the material element exists or will result from his conduct risk of such a nature and degree that the disregard involves gross deviation from the standard of conduct that law-abiding person would observe in actor's situation.
§ 2.02(2)(d)(d) Negligently should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct risk of such a nature and degree that the actor's failure to perceive it involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.
§ 2.02(3)Culpability not prescribed by law, established if purposely, knowingly or recklessly
§ 2.02(4)Prescribed Culpability shall apply to all the material elements of the offense, unless a contrary purpose plainly appears.
§ 2.02(5)Substitutes for Negligence, Recklessness and Knowledge: Higher satisfies lower
§ 2.02(6)Requirement of Purpose Satisfied if Purpose Is Conditional, unless the condition negatives the harm or evil sought to be prevented by the law defining the offense
§ 2.02(7)Requirement of knowledge is established if a person is aware of a high probability of its existence, unless he actually believes that it does not exist.
§ 2.02(8)Knowingly satisfies requirement that an offense be committed willfully
§ 2.02(9)Neither knowledge nor recklessness or negligence as to whether conduct constitutes an offense …is an element of such offense, unless the definition of the offense or the Code so provides
§ 2.02(10)Culpability as Determinant of Grade of Offense depends on whether the offense is committed purposely, knowingly, recklessly or negligently; grade or degree shall be the lowest for which the determinative kind of culpability is established with respect to any material element of the offense. (?)
§ 2.03Causal Relationship Between Conduct and Result; Divergence Between Result Designed or Contemplated and Ac-tual Result or Between Probable and Actual Result.
§ 2.03(1)Conduct is the cause of a result when:
§ 2.03(1)(a)it is an antecedent but for which the result in question would not have occurred; and
§ 2.03(1)(b)the relationship between the conduct and result satisfies any additional causal requirements imposed by the Code or by the law defining the offense.
§ 2.03(2)When purposely or knowingly causing a result is an element: not established if the actual result is not within the purpose or the contemplation of the actor unless:(a)actual result differs only in the respect that different person / property is injured or affected or injury or harm designed would have been more serious; or (b) actual result involves same kind of harm as that designed and is not too remote to have [just] bearing on the actor's liability or on gravity of offense.
§ 2.03(3)When recklessly or negligently causing a particular result is an element: not established if actual result is not within the risk of which the actor is aware or, for negligence, of which he should be aware unless: (a) actual result differs only in the respect that different person / property is injured or affected or injury or harm de-signed would have been more serious; or (b) actual result involves same kind of harm as that designed and is not too remote to have [just] bearing on the actor's liability or on gravity of offense.
§ 2.03(4)When causing a particular result is a material element for which absolute liability is imposed by law, the element is not established unless the actual result is a probable consequence of the actor's conduct.
§ 2.04Ignorance or Mistake.
§ 2.04(1)Ignorance or mistake as to a matter of fact or law is a defense if: (a) the ignorance or mistake negatives the purpose, knowledge, belief, recklessness or negligence required to establish a material element of the offense; or (b) the law provides that the state of mind established by such ignorance or mistake constitutes a defense.
§ 2.04(2)defense is not available if the defendant would be guilty of another offense had the situation been as he supposed. In such case, reduce the grade and degree of the offense of which he may be convicted to those of the offense of which he would be guilty had the situation been as he supposed.
§ 2.04(3)A belief that conduct does not legally constitute an offense is a defense to a prosecution for that offense based upon such con-duct when: (a) the statute or other enactment defining the offense is not known to the actor and has not been published or other-wise reasonably made available prior to the conduct alleged; or (b) he acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or errone-ous, contained in (i) a statute or other enactment; (ii) a judicial decision, opinion or judgment; (iii) an administrative order or grant of permission; etc.
§ 2.04(4)The defendant must prove a defense arising under Subsection (3) of this Section by a preponderance of evidence.
§ 2.05(Strict Liability) When Culpability Requirements Are Inapplicable to Violations and to Offenses Defined by Other Statutes; Effect of Absolute Liability in Reducing Grade of Offense to Violation.
§ 2.05(1)The requirements of culpability prescribed by Sections 2.01 and 2.02 do not apply to: (a) offenses that constitute violations, unless included in the definition of the offense or the Court determines that its application is consistent with effective enforcement of the law; or (b) offenses defined by statutes other than the Code, insofar as a legislative purpose to impose absolute liability for such offenses or with respect to any material element thereof plainly appears.
§ 2.05(2)Notwithstanding any other provision of existing law and unless a subsequent statute otherwise provides: (a) when absolute liability imposed with respect to material element defined by a statute other than the Code and a conviction is based upon liability, the offense constitutes a violation; and (b) although absolute liability is imposed the culpable commission of the offense may be charged and proved, in which event negligence with respect to such elements constitutes sufficient culpability and the classification of the offense and the sentence that may be imposed therefor upon conviction are determined by Section 1.04 and Article 6 of the Code.
§ 2.06Liability for Conduct of Another; Complicity.
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Question Answer
§ 2.06(1)guilty of offense if committed by own conduct or by conduct of another for which legally accountable
§ 2.06(2)A person is legally accountable for the conduct of another person when:
§ 2.06(2)(a)acting with the kind of culpability that is sufficient for the commission of the offense, he causes an innocent or ir-responsible person to engage in such conduct; or
§ 2.06(2)(b)he is made accountable for the conduct of such other person by the Code or by the law defining the offense; or
§ 2.06(2)(c)he is an accomplice of such other person in the commission of the offense.
§ 2.06(3)A person is an accomplice of another person in the commission if: (a) with the purpose of promoting or facilitating the commission of the offense, he (i) solicits such other person to commit it, or (ii) aids or attempts to aid such other person in planning/committing it, or (iii) having legal duty to prevent commission, fails to make proper effort; or(b) his conduct is expressly declared by law to establish his complicity.
§ 2.06(4)When causing a particular result is an element, accomplice in the commission of that offense if he acts with culpability, if any, with respect to that result that is sufficient for the commission of the offense.
§ 2.06(5)person legally incapable of committing a particular offense may be guilty if committed by conduct of another for which legally accountable, unless inconsistent with purpose of provision establishing his incapacity.
§ 2.06(6)Unless otherwise provided by the Code or by the law defining the offense, a person is not an accomplice in an offense committed by another person if: (a) he is a victim of that offense; or (b) the offense is so defined that his conduct is inevitably incident to its commission; or (c) he terminates his complicity prior to the commission of the offense and (i) wholly deprives it of effectiveness in the commission of the offense; or (ii) gives timely warning to the law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense.
§ 2.06(7)An accomplice may be convicted on proof of the commission of the offense and of his complicity therein, though the person claimed to have committed the offense has not been convicted/acquitted
§ 2.08Intoxication.
§ 2.08(1)Except as provided in Subsection (4) of this Section, intoxication of the actor is not a defense unless it negatives an element of the offense.
§ 2.08(2)When recklessness establishes an element of the offense, if the actor, due to self-induced intoxication, is unaware of a risk of which he would have been aware had he been sober, such unawareness is immaterial.
§ 2.08(3)Intoxication does not, in itself, constitute mental disease within the meaning of Section 4.01.
§ 2.08(4)Intoxication that (a) is not self-induced or (b) is pathological is an affirmative defense if by reason of such intoxication the actor at the time of his conduct lacks substantial capacity either to appreciate its criminality [wrongfulness] or to conform his con-duct to the requirements of law.
§ 2.08(5)Definitions. In this Section unless a different meaning plainly is required:(a) "intoxication" means a disturbance of mental or physical capacities resulting from the introduction of sub-stances into the body; (b) "self-induced intoxication" means intoxication caused by substances that the actor knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such circumstances as would afford a defense to a charge of crime; (c) "pathological intoxication" means intoxication grossly excessive in degree, given the amount of the intoxicant, to which the actor does not know he is susceptible.
§ 2.09Duress
§ 2.09(1)It is affirmative defense that actor engaged in conduct because coerced to do so by such that a person of reasonable firmness in situation would have been unable to resist.
§ 2.09(2)defense unavailable if the actor recklessly placed himself in a situation in which it was probable that he would be subjected to duress. The defense is also unavailable if he was negligent in placing himself in such a situation, whenever negligence suffices to establish culpability for the offense charged.
§ 2.09(3)It is not a defense that a woman acted on the command of her husband, unless she acted under such coercion as would establish a defense
§ 2.09(4)When the conduct of the actor would otherwise be justifiable under Section 3.02, this Section does not preclude such defense.
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