LAW 604 Lecture Notes - Lecture 6: Larceny, Statutory Rape, Mens Rea
Document Summary
No, not under lw test- value is only an element which divides into degrees- element which goes to grade of crime, not determining guilt. Cl: convicts you of what you did, not what you think you were doing. Mpc: applies in same manner as common law (no mens rea required if only distinct as a grading element); except one difference. 2. 04(2): convicts you of what you thought you were doing, not what you did. Statutes carefully graded: if over 18, sex is fine in california, 14-18 is statutory rape punishable by x, under 14: sexual intercourse or lewd and lascivious conduct is more morally wrong punishable by 2x. Bird, cj opinion: cl he goes down for greater wrong he committed rather then lesser wrong he thought he did. General intent (cl): you don"t have to know your conduct is wrong, or risks of conduct to be legally liable. Merely be aware of the act being committed.
