Pennsylvania Criminal Law Distinctions
Terms
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- "Intentionally"
- 1. Conscious intent AND 2. Aware of attendant circumstances
- "Knowingly"
- 1. Aware of the nature of conduct AND 2. Conduct almost certain to cause result
- "Recklessly"
- 1. Aware of risk 2. Consciously disregards risk 3. To disregard risk is gross deviation
- "Negligently"
- 1. Should be aware of risk 2. 2. Failure to know of risk is a gross deviation from standard
- Retreat Rule: Deadly force is NOT justified if:
- 1. D could safely retreat, OR 2. D provoked the use of force EXCEPTION - If in one's own home or work
- Entrapment
- 1. False representations re: crime (ie: "not illegal") 2. Red flagged persuasion methods.
- Inchoate - Conspiracy
- 1. Specific intent to commit crime 2. Agreement btw 2 parties 3. Overt act of furtherance * Withdrawal: A. Complete/Voluntary Renunciation of intent AND B. Thwart
- Inchoate - Attempt
- 1. Specific intent, AND 2. Substantial step toward
- Accomplice Liability
- 1. Specific Intent, AND 2A. Solicitation of another, OR 2B. Aids, agrees, or attempts to aid in plan/commit
- Simple Assault
- 1. Attempting to cause bodily injury 2. Intentionally, Knowingly, or Recklessly 3. Deadly Weapon - Negligently 4. Fear of Imminent Serious Bodily Injury by Physical Threat 5. Hypodermic Needle concealed during search.
- Aggravated Assault
- 1. Attempt to cause SERIOUS bodily injury 2. with Extreme Indifference to the Value of Human Life - I, K, R Serious Bodily Injury 3. Simple Assault on PoPo
- Harrassment/Stalking
- 1. Intent to harass, annoy, alarm, AND 2A. Physical Contact 2B. Following in public, OR 2C. Continuous pattern of sketchiness 2. Reasonable Fear of Bodily Injury intent 3. Substantial Emotional Distress intent.
- Murder Degrees
- 1st - Intentional (willful, deliberate, premeditated) 2nd - Accomplice in felony 3rd - Malice, no intent
- Manslaughter
- VOLUNTARY - a. Intenional killing from sudden/passionate provocation b. Imperfect Self Defense INVOLUNTARY - A. Grossly N or R Act B. Causes Death EX - by Vehicle
- False Imprisonment
- 1. Knowingly Restraining 2. Substantial Interference with Liberty
- Kidnapping
- 1. Removal 2A. Substantial Distance 2B. Substantial Period of Time 3. Specific Intent to: a. Ransom b.re: Felony c. Inflict Bodily Injury / Terrorize d. Public Official Interference
- Rape - Age of Consent
- 13
- Statutory Sexual Intercourse
- 1. Fuckin 2. < 16 3. D ≥ 4 years older than P 4. Unmarried
- Aggravated Indecent Assault
- ANY PENETRATION of pussy or ass
- Indecent Assault
- I. INDECENT CONTACT with: 1. Unconsented 2. by Compulsion 3. Unconscious victim 4. Victim > 13 5. D > 4 years older II. For Purposes of Sexual Gratification