Actus Reus The actions of the person committing

Actus Reus The actions of the person committing the crime as defined by law Mens Rea The state of mind and intent of the person committing the actus reus Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 1

Physical or verbal acts that are voluntary Can be failure to act or lack of action Possession of an illegal or prohibited item Constructive possession – does not have physical or actual possession of an illegal item but exercised care, custody, or control over the contraband, knowing it was illegal Knowing possession – a person has actual possession and knows that the item is illegal Mere possession – a person has actual possession of an illegal item, but does not know it is illegal Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 2

The state of mind and intent of a person committing the act of a crime General intent – the logical outcomes associated with a criminal act Transferred intent – a person injures another but did not intend to harm the party Constructive intent – the actor did not intend to harm anyone but should have known that his or her behavior created a high risk of injury Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 3

From: Beaumont Enterprise 1/28/15 CHARGES ELEVATED IN WRECK THAT KILLED NEDERLAND TEEN Investigators on Wednesday elevated charges against a 65 -year-old man accused of causing a head-on collision Monday that killed a Nederland teenager. Rockline Kennedy, who was previously charged with intoxication assault, not faces intoxication manslaughter charges after Kristin Paris, 18, died on Wednesday at Christus St. Elizabeth Hospital. Beaumont Police Sgt. Rob Flores said Kennedy is accused of driving his white Chevrolet pickup truck head-on into Paris' blue Chevrolet Cobalt at 11: 20 p. m. Monday on Interstate 10, near Ford Park. Kennedy was driving eastbound in the westbound lane, Flores said. Paris was driving to Houston to babysit her cousins when her car was hit by the pickup truck, according to previous reporting. Kennedy posted bail Wednesday on the intoxication assault charge, according to a county jailer. As of Wednesday evening, he had not been booked yet on the elevated charge. WHAT IS THE ACTUS REUS? WHAT IS THE MENS REA? WHAT IS THE NEW CHARGE, CLASSIFICATION & POSSIBLE PUNISHMENT? 4

Scenario Jennifer went to her friend Sara’s house. While she was there she saw this really cool bracelet that she knew would look awesome with her new dress. She asked Sara to borrow it, and Sara agreed. The next day Jennifer wore the bracelet while shopping with her mother. She entered a jewelry store. The employee immediately recognized the bracelet as one that had been stolen. The manager suspected it was a former employee, Sara. The young lady and her mother were detained. When police arrived and began sorting out the story they learned that Jennifer had only borrowed the bracelet from Sara. With regard to Jennifer: What is the Actus Reus With regard to Sara: What is the Actus Reus and Mens Rea? 5

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Solicitation The incomplete crime of urging, requesting, or commanding another person to commit a crime Conspiracy A criminal act requiring no action other than communication Attempt A criminal act amounting to more than mere preparation Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 7

With your table partners… Identify the type of INCHOATE offense 1) John was angry at his friend Mike because Mike would not loan him money. John became so enraged he decided he was going to kill Mike. John used a baseball bat to hit Mike over the head several times. Miraculously, Mike survived. 2) Jim, Mary and Scott planned a bank robbery. They went to the bank to check things out, they purchased masks and firearms and made a map of their escape route. 3) Tammy was tired of her husband. She wanted to get “rid” of him. She put the word out that she was willing to pay money to have her husband murdered. She was contacted by an undercover officer, whom she offered to pay to carry out the murder. 8

Crimes against The state Persons Habitations Property Public order Public morals Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 9

Murder Rape Sexual assault Kidnapping Robbery Assault Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 10

Arson Burglary Criminal trespass Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 11

Theft Forgery Fraud Criminal mischief Reckless damage Graffiti Unauthorized use of a motor vehicle Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 12

Public intoxication Disorderly conduct Riot Harassment or stalking Cruelty to animals Dog fighting Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 13

Prostitution Possession of child pornography Gambling Driving while intoxicated Engaging in organized crime Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 14

ASSIGNMENT • Review the news articles in your packet. • Identify the level of offense (misdemeanor or felony, class or degree) and the punishment range available. • Identify who the crime is against (ex. Crime against person, property, habitation, public order, public morals) • Identify the mens rea and the actus reus for each • Indicate if it is an inchoate offense and if so which one. 15