Crimes Against Persons (MCOLES
Objectives)
*Felony* - ANS An offense punishable by death or imprisonment in a *state prison* for *more*
than one year.
*Misdemeanor* - ANS An offense (*not a felony*) punishable by imprisonment or a fine.
*Elements of an offense* - ANS The specific criteria that must be proved in order for a person
to be charged with a particular crime.
*Mens rea* - ANS Latin for "guilty mind." Intent to commit the crime must exist for the crime to
have occurred. The only exception is strict liability crimes.
*Actus reus* - ANS Latin for "guilty act." An overt act must have been committed towards the
perpetration of the crime. Planning or scheming (unless part of a conspiracy) is not a crime.
How *intent* can be proven - ANS What the defendent said or did, how they did it, or any other
facts or circumstances in evidence.
*Lesser included offense* - ANS An offense that consists of elements that are fully contained
within the necessary elements of a greater offense.
*Principle* - ANS The person directly responsible for a crime.
*Inchoate (incomplete) offenses* - ANS *1.* Attempt
*2.* Conspiracy
*3.* Solicitation
*Attempted crime (750.92)* - ANS If a person tries to commit a crime and does any act towards
the commission of that crime, but fails or is prevented from completing it:
Penalty is based on the crime attempted
*Conspiracy to commit offense or legal act in illegal manner (750.157a)* - ANS If a person
plans together with 1 or more persons to commit a crime:
Penalty based on the planned crime
, *Solicitation of murder (750.157b)* - ANS If a person offers, promises, or gives money,
services, or anything of value to another in order to commit murder or do something (or not do
something) that would result in murder:
Life (felony)
*Assault* - ANS *Elements*
*1.* The defendant attempted to commit a battery *or* did an act that would cause a reasonable
person to fear or apprehend an immediate battery.
*2.* The defendant intended to commit a battery on the victim *or* to make the victim
reasonably fear an immediate battery.
*3.* The defendant, at the time, had the ability to commit a battery, appeared to have the ability,
or thought they had the ability.
*93-Day Misdemeanor*
*Child abuse* - ANS When someone responsible for a child's welfare intentionally harms (or
threatens to harm) that child. Harm can include physical or mental injury, sexual abuse and
exploitation, and maltreatment.
*Child neglect* - ANS When someone responsible for a child's welfare fails to provide adequate
food, clothing, shelter, or medical care OR fails to prevent an unreasonable risk to a child's
health or welfare.
*Contributing to the delinquency of children (750.145)* - ANS If a person encourages,
contributes toward, or causes any child under 17 to become neglected or delinquent so as to
bring them under the jurisdiction of the juvenile division of the probate court:
Misdemeanor (default penalty)
*Ethnic intimidation (750.147b)* - ANS If a person maliciously and with intent to intimidate or
harass another because of that person's race, color, religion, gender, or national origin,
- causes physical contact with another,
- damages, destroys, or defaces property of another, or
- threatens by word or act to do either of the previous acts:
2-year felony/$5000
*NOTE:* sexual orientation is not covered by current statute
Objectives)
*Felony* - ANS An offense punishable by death or imprisonment in a *state prison* for *more*
than one year.
*Misdemeanor* - ANS An offense (*not a felony*) punishable by imprisonment or a fine.
*Elements of an offense* - ANS The specific criteria that must be proved in order for a person
to be charged with a particular crime.
*Mens rea* - ANS Latin for "guilty mind." Intent to commit the crime must exist for the crime to
have occurred. The only exception is strict liability crimes.
*Actus reus* - ANS Latin for "guilty act." An overt act must have been committed towards the
perpetration of the crime. Planning or scheming (unless part of a conspiracy) is not a crime.
How *intent* can be proven - ANS What the defendent said or did, how they did it, or any other
facts or circumstances in evidence.
*Lesser included offense* - ANS An offense that consists of elements that are fully contained
within the necessary elements of a greater offense.
*Principle* - ANS The person directly responsible for a crime.
*Inchoate (incomplete) offenses* - ANS *1.* Attempt
*2.* Conspiracy
*3.* Solicitation
*Attempted crime (750.92)* - ANS If a person tries to commit a crime and does any act towards
the commission of that crime, but fails or is prevented from completing it:
Penalty is based on the crime attempted
*Conspiracy to commit offense or legal act in illegal manner (750.157a)* - ANS If a person
plans together with 1 or more persons to commit a crime:
Penalty based on the planned crime
, *Solicitation of murder (750.157b)* - ANS If a person offers, promises, or gives money,
services, or anything of value to another in order to commit murder or do something (or not do
something) that would result in murder:
Life (felony)
*Assault* - ANS *Elements*
*1.* The defendant attempted to commit a battery *or* did an act that would cause a reasonable
person to fear or apprehend an immediate battery.
*2.* The defendant intended to commit a battery on the victim *or* to make the victim
reasonably fear an immediate battery.
*3.* The defendant, at the time, had the ability to commit a battery, appeared to have the ability,
or thought they had the ability.
*93-Day Misdemeanor*
*Child abuse* - ANS When someone responsible for a child's welfare intentionally harms (or
threatens to harm) that child. Harm can include physical or mental injury, sexual abuse and
exploitation, and maltreatment.
*Child neglect* - ANS When someone responsible for a child's welfare fails to provide adequate
food, clothing, shelter, or medical care OR fails to prevent an unreasonable risk to a child's
health or welfare.
*Contributing to the delinquency of children (750.145)* - ANS If a person encourages,
contributes toward, or causes any child under 17 to become neglected or delinquent so as to
bring them under the jurisdiction of the juvenile division of the probate court:
Misdemeanor (default penalty)
*Ethnic intimidation (750.147b)* - ANS If a person maliciously and with intent to intimidate or
harass another because of that person's race, color, religion, gender, or national origin,
- causes physical contact with another,
- damages, destroys, or defaces property of another, or
- threatens by word or act to do either of the previous acts:
2-year felony/$5000
*NOTE:* sexual orientation is not covered by current statute
