MIDTERM CJ 320 BOWMAN SDSU
COMPREHENSIVE SCRIPT 2026 FULL
QUESTIONS CORRECT ANSWERS
◉ General Intent***pg. 128 Answer: - Punching a face
- General criminal intent to move your arm
- General intent crime is rape
- Assault is a general intent
- Penal code 261: rape is an act of sexual intercourse with force
violence
◉ Penal code 261
Rape Answer: rape is an act of sexual intercourse with force violence
or without consent
this is a general intent crime
◉ Specific Intent Answer: - It will say "specific intent" or just "with
intent"
ex.
- Assault with an intent to rape
,- Assault with a
- have to show proof that he was trying to rape
- Penal code 459: Every person who enters any house, room
apartment, tenement, shop, warhouse, store, mill etc. with INTENT
to commit grand or petit larceny or any felony id guilty of burglary
- Penal code 220: assault with intent to rape
◉ Transferred Intent Answer: Shooting to kill someone but hit and
kill someone else, the charge is transferred to the man who is shot
◉ Constructive Intent Answer: Page 132
exists when the consequences of a reckless act should be
anticipated, even though not intended when it occurs. Killing
somebody while driving drunk is a good example.
- You act so recklessly that you commit a crime
- State vs. Stark:
Man had aids and was informed the dangers of having sex with
others but he did anyway. 2 counts of second-degree assault for
intentionally exposing his partners to HIV
,◉ Concurrence: Penal Code Section 20 Answer: def. In every crime
or public offense there must exist a union, or joint operation of act
and intent, or criminal negligence.
a) In every crime or public offense there must exist a union, or joint
operation of act and intent, or criminal negligence.
b) They have to operate at the same time (Enacted 1872.)
c) Act and the mental state have to be at the same time
➢ Criminal negligence is a statutory offense that arises primarily in
situations involving the death of an innocent party as a result of the
operation of a motor vehicle by a person who is under the influence
of Drugs and Narcotics or alcohol. Most statutes define such conduct
as criminally negligent Homicide and is when one fails to see his
actions cause harm to others.
◉ Factual causation Answer: "But for" test. Actors conduct set a
chain of events in motion which led to the harmful result
a) page 144
- if it weren't for an actors conduct the result wouldn't have occurred
, ex. if I push a boulder down a hill to watch the people run away and
it happens to kill to people, I am responsible
◉ Proximate cause? Answer: Indicates a nearness in time and place
between the actor and the result
the result of an event at a much later time
ex. push a boulder and it gets stuck, 2 years later it falls and kills
people.
◉ Parties
Penal Code Section 30 Answer: • Principals - those who actually
commit the crime and those who aid and abet the commission of the
crime (BEFORE!)
• So like if someone actually committed the crime and those who
helped are principles
• Accessories: those who assist after the commission of the crime
(ex. if I let you in after a robbery and help you out)
penal code - The parties to crimes are classified as
COMPREHENSIVE SCRIPT 2026 FULL
QUESTIONS CORRECT ANSWERS
◉ General Intent***pg. 128 Answer: - Punching a face
- General criminal intent to move your arm
- General intent crime is rape
- Assault is a general intent
- Penal code 261: rape is an act of sexual intercourse with force
violence
◉ Penal code 261
Rape Answer: rape is an act of sexual intercourse with force violence
or without consent
this is a general intent crime
◉ Specific Intent Answer: - It will say "specific intent" or just "with
intent"
ex.
- Assault with an intent to rape
,- Assault with a
- have to show proof that he was trying to rape
- Penal code 459: Every person who enters any house, room
apartment, tenement, shop, warhouse, store, mill etc. with INTENT
to commit grand or petit larceny or any felony id guilty of burglary
- Penal code 220: assault with intent to rape
◉ Transferred Intent Answer: Shooting to kill someone but hit and
kill someone else, the charge is transferred to the man who is shot
◉ Constructive Intent Answer: Page 132
exists when the consequences of a reckless act should be
anticipated, even though not intended when it occurs. Killing
somebody while driving drunk is a good example.
- You act so recklessly that you commit a crime
- State vs. Stark:
Man had aids and was informed the dangers of having sex with
others but he did anyway. 2 counts of second-degree assault for
intentionally exposing his partners to HIV
,◉ Concurrence: Penal Code Section 20 Answer: def. In every crime
or public offense there must exist a union, or joint operation of act
and intent, or criminal negligence.
a) In every crime or public offense there must exist a union, or joint
operation of act and intent, or criminal negligence.
b) They have to operate at the same time (Enacted 1872.)
c) Act and the mental state have to be at the same time
➢ Criminal negligence is a statutory offense that arises primarily in
situations involving the death of an innocent party as a result of the
operation of a motor vehicle by a person who is under the influence
of Drugs and Narcotics or alcohol. Most statutes define such conduct
as criminally negligent Homicide and is when one fails to see his
actions cause harm to others.
◉ Factual causation Answer: "But for" test. Actors conduct set a
chain of events in motion which led to the harmful result
a) page 144
- if it weren't for an actors conduct the result wouldn't have occurred
, ex. if I push a boulder down a hill to watch the people run away and
it happens to kill to people, I am responsible
◉ Proximate cause? Answer: Indicates a nearness in time and place
between the actor and the result
the result of an event at a much later time
ex. push a boulder and it gets stuck, 2 years later it falls and kills
people.
◉ Parties
Penal Code Section 30 Answer: • Principals - those who actually
commit the crime and those who aid and abet the commission of the
crime (BEFORE!)
• So like if someone actually committed the crime and those who
helped are principles
• Accessories: those who assist after the commission of the crime
(ex. if I let you in after a robbery and help you out)
penal code - The parties to crimes are classified as
