« on: September 15, 2008, 06:50:08 PM »
Greetings. I need some examples of the following "elements" of an offense. The following text has been excerpted from Section 1.13 of the MPC:
9) "element of an offense" means (i) such conduct or (ii) such attendant circumstances or (iii) such a result of conduct as
(a) is included in the description of the forbidden conduct in the definition of the offense; or
(b) establishes the required kind of culpability; or
(c) negatives an excuse or justification for such conduct; or
(d) negatives a defense under the statute of limitations; or
(e) establishes jurisdiction or venue;
Let's take a hypothetical offense for illustrative purposes. It shall be vehicular homicide, punishable by up no more than 15 years in prison, for a motorist to:
(a) Cause an accident(b)that results in the death of another motorist(c)while speeding (d) on a wet roadway.
I suppose the elements of my hypothetical offense all fall under category (a) for the MPC's definition for the elements of an offense. However, I am having trouble thinking of hypothetical offenses that would illustrate the other categories of the elements. Do you think you could help me out here?
Thank you for your consideration.