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MPC Part III

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Updated 2007-04-25 23:03

Sections

Question Answer
§ 4.01Mental Disease or Defect Excluding Responsibility. (1) not responsible if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality [wrongfulness] or to conform conduct to the requirements of law (2) "mental disease or defect" does not include an abnormality manifested only by repeated criminal conduct
§ 5.01.Criminal Attempt.
§ 5.01(1)guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime:
§ 5.01(1)(a)purposely engages in conduct that would constitute the crime if the attendant circumstances were as he believes them to be; or
§ 5.01(1)(b)when result is an element of the crime, does or omits to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on his part; or
§ 5.01(1)(c)purposely does anything that, under the circumstances as he believes them to be, is an act constituting a substantial step in a course of conduct planned to culminate in his commission
§ 5.01(2)Substantial Step: no unless it is strongly corroborative of the actor's criminal purpose. The following, if strongly corroborative of the actor's criminal purpose, shall not be held insufficient as a matter of law:
§ 5.01(2)(a)lying in wait, searching for or following the contemplated victim of the crime;
§ 5.01(2)(b)enticing or seeking to entice the contemplated victim of the crime to go to the place contemplated for its commission;
§ 5.01(2)(c)reconnoitering the place contemplated for the commission of the crime;
§ 5.01(2)(d)unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be committed;
§ 5.01(2)(e)possession of materials to be employed in the commission of the crime, that are specially designed for such unlawful use or that can serve no lawful purpose of the actor under the circumstances;
§ 5.01(2)(f)possession, collection or fabrication of materials to be employed in the commission of the crime, at or near the place contemplated for its commission, if such possession, collection or fabrication serves no lawful purpose of the actor under the circumstances;
§ 5.01(2)(g)soliciting an innocent agent to engage in conduct constituting an element of the crime.
§ 5.01(3)Person who engages in conduct designed to aid another to commit a crime that would establish his complicity under Section 2.06 if the crime were committed by such other person, is guilty of an attempt to commit the crime, although the crime is not committed or attempted by such other person.
§ 5.01(4)it is an affirmative defense that he abandoned his effort to commit the crime or otherwise prevented its commission, under cir-cumstances manifesting a complete and voluntary renunciation of his criminal purpose. The establishment of such defense does not affect the liability of an accomplice who did not join in such abandonment or prevention. (not voluntary if it is motivated by circumstances not present or apparent at the inception of the actor's course of conduct)
§ 5.02Criminal Solicitation.
§ 5.02(1)guilty of solicitation to commit a crime if with the purpose of promoting or facilitating its commission he commands, encour-ages another person to engage in specific conduct that would constitute such crime or an attempt to commit such crime or would establish complicity in its commission or attempted commission.
§ 5.02(2)immaterial under Subsection (1) of this Section that the actor fails to communicate with the person
§ 5.02(3)Renunciation an affirmative defense
§ 5.03Criminal Conspiracy.
§ 5.03(1) Definition of Conspiracy. A person is guilty of conspiracy with another person or persons to commit a crime if with the pur-pose of promoting or facilitating its commission he:
§ 5.03(1)(a)agrees with such other person or persons that they or one or more of them will engage in conduct that constitutes such crime or an attempt or solicitation to commit such crime; or
§ 5.03(1)(b) agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.
§ 5.03(2)Scope of Conspiratorial Relationship. If a person guilty of conspiracy, as defined by Subsection (1) of this Section, knows that a person with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring with such other person or persons, whether or not he knows their identity, to commit such crime.
§ 5.03(3)Conspiracy with Multiple Criminal Objectives. If a person conspires to commit a number of crimes, he is guilty of only one conspiracy so long as such multiple crimes are the object of the same agreement or continuous conspiratorial relationship.
§ 5.03(4)Joinder and Venue in Conspiracy Prosecutions.
§ 5.03(4)(a)Subject to the provisions of paragraph (b) of this Subsection, two or more persons charged with criminal conspiracy may be prosecuted jointly if: (i) they are charged with conspiring with one another; or (ii) the conspiracies alleged, whether they have the same or different parties, are so related that they constitute different aspects of a scheme of organized criminal conduct.
§ 5.03(4)(b)In any joint prosecution under paragraph (a) of this Subsection: (i) no defendant shall be charged with a conspiracy in any county [parish or district] other than one in which he entered into such conspiracy or in which an overt act pursuant to such conspiracy was done by him or by a person with whom he conspired; and (ii) neither the liability of any defendant nor the admissibility against him of evidence of acts or dec-larations of another shall be enlarged by such joinder; and (iii) the Court shall order a severance or take a special verdict as to any defendant who so requests, if it deems it necessary or appropriate to promote the fair determination of his guilt or innocence, and shall take any other proper measures to protect the fairness of the trial.
§ 5.03(5)Overt Act. No person may be convicted of conspiracy to commit a crime, other than a felony of the first or second degree, unless an overt act in pursuance of such conspiracy is alleged and proved to have been done by him or by a person with whom he conspired.
§ 5.03(6)Renunciation of Criminal Purpose, affirmative defense
PART II: DEFINITION OF SPECIFIC CRIMES
§ 210.1Criminal Homicide.
§ 210.1(1)Criminal homicide if purposely, knowingly, recklessly or negligently causes the death of another
§ 210.1(2)Criminal homicide is murder, manslaughter or negligent homicide.
§ 210.2 Murder.
§ 210.2(1)Except as provided in Section 210.3(1)(b), criminal homicide constitutes murder when:
§ 210.2(1)(a)it is committed purposely or knowingly; or
§ 210.2(1)(b)it is committed recklessly under circumstances manifesting extreme indifference to the value of human life. Such recklessness and indifference are presumed if the actor is engaged or is an accomplice in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, rape or deviate sexual intercourse by force or threat of force, arson, burglary, kidnapping or felonious escape.
§ 210.2(2)Murder is a felony of the first degree [but a person convicted of murder may be sentenced to death, as provided in Section 210.6].
§ 210.3Manslaughter.
§ 210.3(1)Criminal homicide constitutes manslaughter when:
§ 210.3(1)(a)it is committed recklessly; or
§ 210.3(1)(b)a homicide which would otherwise be murder is committed under the influence of extreme mental or emo-tional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor's situation under the circumstances as he be-lieves them to be.
§ 210.3(2)Manslaughter is a felony of the second degree.
§ 210.4Negligent Homicide.
§ 210.4(1)Criminal homicide constitutes negligent homicide when it is committed negligently.
§ 210.4(2)Negligent homicide is a felony of the third degree.
§ 210.5Causing or Aiding Suicide.
§ 210.5(1)may be convicted of criminal homicide for causing another to commit suicide only if he purposely causes such suicide by force, duress or deception.
§ 210.5(2)person who purposely aids or solicits another to commit suicide is guilty of a felony of the second degree if his conduct causes such suicide or an attempted suicide, and otherwise of a misdemeanor
§ 213.1.Rape and Related Offenses.
§ 213.1(1)Rape. A male who has sexual intercourse with a female not his wife is guilty of rape if:
§ 213.1(1)(a)he compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain or kidnap-ping, to be inflicted on anyone; or
§213.1(1)(b)he has substantially impaired her power to appraise or control her conduct by administering or employing without her knowledge drugs, intoxicants or other means for the purpose of preventing resistance; or
§213.1(1)(c)the female is unconscious; or
§213.1(1)(d)the female is less than 10 years old. Rape is a felony of the second degree unless (i) in the course thereof the actor inflicts serious bodily injury upon anyone, or (ii) the victim was not a voluntary social companion of the actor upon the occasion of the crime and had not previously permitted him sexual liberties, in which cases the offense is a felony of the first degree.
§ 213.1(2)Gross Sexual Imposition. A male who has sexual intercourse with a female not his wife commits a felony of the third degree if:
§ 213.1(2)(a)he compels her to submit by any threat that would prevent resistance by a woman of ordinary resolution; or
§ 213.1(2)(b)he knows that she suffers from a mental disease or defect which renders her incapable of appraising the nature of her conduct; or
§ 213.1(2)(c)he knows that she is unaware that a sexual act is being committed upon her or that she submits because she mis-takenly supposes that he is her husband.
§ 213.4Sexual Assault. A person who has sexual contact with another not his spouse, or causes such other to have sexual contact with him, is guilty of sexual assault, a misdemeanor, if:
§ 213.4(1)he knows that the contact is offensive to the other person; or
§ 213.4(2)he knows that the other person suffers from a mental disease or defect which renders him or her incapable of appraising the nature of his or her conduct; or
§ 213.4(3)he knows that the other person is unaware that a sexual act is being committed; or
§ 213.4(4)the other person is less than 10 years old; or
§ 213.4(5)he has substantially impaired the other person's power to appraise or control his or her conduct, by adminis-tering or employing without the other's knowledge drugs, intoxicants or other means for the purpose of preventing resistance; or
§ 213.4(6)the other person is less than [16] years old and the actor is at least [four] years older than the other person; or
§ 213.4(7)the other person is less than 21 years old and the actor is his guardian or otherwise responsible for general su-pervision of his welfare; or
§ 213.4(8)the other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over him. (Sexual contact is any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire.)
PART II: TREATMENT & CORRECTION
PART III: ORGANIZATION OF CORRECTION
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