LEARNING OBJECTIVES
- List the elements of a crime.
- Define the criminal act element.
- Identify three requirements of criminal act.
- Describe an exception to the criminal act element.
- Ascertain three situations where an omission to act could be criminal.
- Distinguish between actual and constructive possession.
- Identify the criminal intent element required when possession is the criminal act.
Crimes can be broken down into elements, which the prosecution must prove beyond a reasonable doubt. Criminal elements are set forth in criminal statutes, or cases in jurisdictions that allow for common-law crimes. With exceptions, everycrime has at least three elements: a criminal act, also called actus reus; a criminal intent, also called mens rea; and concurrence of the two. The term conduct is often used to reflect the criminal act and intent elements. As the Model Penal Code explains, “‘conduct’ means an action or omission and its accompanying state of mind” (Model Penal Code § 1.13(5)).
Recall from Introduction to Criminal Law that not all crimes require a bad result. If a crime does require a bad result, the prosecution must also prove the additional elements of causation and harm.
Another requirement of some crimes is attendant circumstances. Attendant circumstances are specified factors that must be present when the crime is committed. These could include the crime’s methodology, location or setting, and victim characteristics, among others.
This chapter analyzes the elements of every crime. Parties to Crime through Crimes against the Government analyze the elements of specific crimes, using a general overview of most states’ laws, the Model Penal Code, and federal law when appropriate.
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