TPC § 6.01: Voluntary Act Requirement. of voluntary act or omission:
(a) Voluntary engages in activity, act, omission, or possession.
(b) Possession is a voluntary act if the possessor intentionally gets or receives
the thing possessed or is conscious of his control over the thing for a sufficient
time to terminate his control.
(c) Omission is not an offence unless defined in § 1.07.
Answer TPC § 6.01 for the omission of an act. of voluntary act or omission.
2) Omitting to execute an act does not constitute an offence unless a law, as
defined by § 1.07, states that the omission is an offence or that the individual
had an obligation to perform.
Bad Samaritan laws
TPC § 38.171 requires reporting any felony if there is a reasonable belief of
serious physical injury or death.
TPC § 261.109: Child's physical or mental health has been or may be adversely
damaged by abuse or neglect, and knowingly fails.
Answer TPC § 6.02 for Mens rea/culpability.
,(1) Intentionally: A conscious decision to engage. ..(2) Knowingly: Aware that
his activity is reasonably guaranteed to generate a result.
(3) Recklessly: Consciously ignores a significant and unacceptable risk.
(4) Criminal Negligence: Be aware of a significant and unreasonable risk. ..Risk
must be of such form and degree that failure to identify it constitutes a major
divergence from the standard of care.
Must have Mens Rea unless specifically stated that there is none.
Use intentionally, knowingly, or recklessly.
TPC § 8.04: Intoxication and Mental State
Voluntary intoxication is not a defence.
Answer MPC § 2.02 and TPC § 6.04(b) about the issue of causation for
transferred intent (TPC).
Only acceptable if the difference between what the actor intended and the
outcomes was:
(1) Different offence done; or (2) Different individual injured.
STRICT LIABILITY (TPC) - ANSWER: Defined by statute
Examples: DUI, speeding, etc.
Answer TPC § 8.03 for a mistake in the law.
(a) Affirmative defence for pros. that actor genuinely believed the charged
action did not constitute a criminal, and that he behaved reasonably based on:
, (1) An official pronouncement of legislation; or
(2) Written explanation of the law.
(c) An actor may be convicted of a lesser offence.
Mistake of Fact (TPC) - Answer § 8.02:
Mistake must be reasonable in order to be used as a defence and negate mens
rea.
Exception: Legal-wrong doctrine.
Legal-Wrong Doctrine: If an actor's actions produce societal harm that is
prohibited by legislation, he is guilty of that offence, even if his reasonable
comprehension of the facts would lead him to a lesser crime.
Still charged with a lower offence.
CAUSATION - ANSWER (1) Compare D's casual conduct to the intervening
cause.
(2) Determine if the independent intervening cause was foreseeable/proximate
cause.
(3) Determine whether the victim voluntarily chose to endanger himself.
(4) Determine whether the intervening cause was an omission rather than an act;
often, omissions do not serve as intervening causes and will break the causal
chain.
CAUSATION (TPC): ANSWER §6.04.
(a) Voluntary engages in activity, act, omission, or possession.
(b) Possession is a voluntary act if the possessor intentionally gets or receives
the thing possessed or is conscious of his control over the thing for a sufficient
time to terminate his control.
(c) Omission is not an offence unless defined in § 1.07.
Answer TPC § 6.01 for the omission of an act. of voluntary act or omission.
2) Omitting to execute an act does not constitute an offence unless a law, as
defined by § 1.07, states that the omission is an offence or that the individual
had an obligation to perform.
Bad Samaritan laws
TPC § 38.171 requires reporting any felony if there is a reasonable belief of
serious physical injury or death.
TPC § 261.109: Child's physical or mental health has been or may be adversely
damaged by abuse or neglect, and knowingly fails.
Answer TPC § 6.02 for Mens rea/culpability.
,(1) Intentionally: A conscious decision to engage. ..(2) Knowingly: Aware that
his activity is reasonably guaranteed to generate a result.
(3) Recklessly: Consciously ignores a significant and unacceptable risk.
(4) Criminal Negligence: Be aware of a significant and unreasonable risk. ..Risk
must be of such form and degree that failure to identify it constitutes a major
divergence from the standard of care.
Must have Mens Rea unless specifically stated that there is none.
Use intentionally, knowingly, or recklessly.
TPC § 8.04: Intoxication and Mental State
Voluntary intoxication is not a defence.
Answer MPC § 2.02 and TPC § 6.04(b) about the issue of causation for
transferred intent (TPC).
Only acceptable if the difference between what the actor intended and the
outcomes was:
(1) Different offence done; or (2) Different individual injured.
STRICT LIABILITY (TPC) - ANSWER: Defined by statute
Examples: DUI, speeding, etc.
Answer TPC § 8.03 for a mistake in the law.
(a) Affirmative defence for pros. that actor genuinely believed the charged
action did not constitute a criminal, and that he behaved reasonably based on:
, (1) An official pronouncement of legislation; or
(2) Written explanation of the law.
(c) An actor may be convicted of a lesser offence.
Mistake of Fact (TPC) - Answer § 8.02:
Mistake must be reasonable in order to be used as a defence and negate mens
rea.
Exception: Legal-wrong doctrine.
Legal-Wrong Doctrine: If an actor's actions produce societal harm that is
prohibited by legislation, he is guilty of that offence, even if his reasonable
comprehension of the facts would lead him to a lesser crime.
Still charged with a lower offence.
CAUSATION - ANSWER (1) Compare D's casual conduct to the intervening
cause.
(2) Determine if the independent intervening cause was foreseeable/proximate
cause.
(3) Determine whether the victim voluntarily chose to endanger himself.
(4) Determine whether the intervening cause was an omission rather than an act;
often, omissions do not serve as intervening causes and will break the causal
chain.
CAUSATION (TPC): ANSWER §6.04.
