What is a crime Felony Sentence is 1

What is a crime?

• Felony • Sentence is 1 year or more; more serious • Misdemeanor • Sentence is less than 1 year; less serious Levels of Crimes

• Actus Reus • The guilty act or actions • Mens Rea • The guilty state of mind; mental state Elements of a Crime

• Intentional • Purposeful; with knowledge • Reckless • Disregarding risks that you know • Negligent • Carelessness • Strict Liability • No mental state required (exp. statutory rape) Mens Rea

• Guilty • For a defendant to be guilty, the District Attorney (DA) has to prove every element of a crime • How do you prove mens rea? • Guilty Plea • By pleading guilty, the defendant agrees that every element of the crime was met Proving a Crime

• 940. 01 • Whoever causes the death of another human being with intent to kill that person or another First-degree Intentional Homicide

• 947. 01 • Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance Disorderly Conduct

• 948. 02(2) • Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years Second Degree Sexual Assault

Sentencing

• Deferred Prosecution Agreement • An agreement between the defendant and the DA where the defendant pleads guilty but is not convicted and the state dismisses the case • However, if the defendant breaks the law in the interim the state will revoke the agreement • Fine • Probation • Jail • Prison