Criminal Law

Core MBE-tested Criminal Law rules, each with a primary-source citation. Open in rapid-review mode →

• Actus Reus RequirementCriminal liability requires a voluntary act or omission when a legal duty to act exists.
• Mens Rea LevelsCommon mens rea standards include purposely, knowingly, recklessly, and negligently.
• Strict Liability OffensesStrict liability offenses require no mens rea for at least one material element.
• Causation: Actual CauseActual cause exists when the defendant’s conduct is a but-for cause of the result.
• Causation: Proximate CauseDefendants are liable for harms that are foreseeable results of their conduct.
• Transferred IntentIntent transfers when the defendant intends harm to one person but harms another.
• Accomplice LiabilityAccomplices are liable for the crimes they intentionally aid or encourage and the foreseeable crimes of the principal.
• Accessory After the FactAn accessory after the fact helps a felon avoid arrest or punishment after the crime is complete.
• Corporate Criminal LiabilityCorporations may be liable for crimes committed by employees within the scope of employment for corporate benefit.
• Purposeful IntentActing purposely means the defendant’s conscious objective is to bring about a criminal result.
• Knowing IntentKnowing conduct requires awareness that the result is practically certain to occur.
• RecklessnessRecklessness involves conscious disregard of a substantial and unjustifiable risk.
• NegligenceNegligence occurs when a defendant should have been aware of a substantial and unjustifiable risk.

• Homicide DefinedHomicide is the unlawful killing of a human being by another human being.
• Murder: Malice AforethoughtMalice includes intent to kill, intent to cause serious harm, depraved heart murder, or felony murder.
• Intent-to-Kill MurderIntentional killing with malice constitutes murder unless mitigated.
• Serious Bodily Injury MurderIntent to inflict serious bodily injury that results in death establishes malice murder.
• Depraved Heart MurderExtreme recklessness demonstrating indifference to human life constitutes depraved heart murder.
• Felony Murder RuleFelony murder applies when a killing occurs during the commission or attempted commission of an inherently dangerous…
• Felony Murder LimitationsFelony murder does not apply when the felony is independent of the homicide or the killing is not in furtherance of…
• First-Degree MurderPremeditated, deliberate killings or murders committed during enumerated felonies constitute first-degree murder.
• Second-Degree MurderKillings with malice that do not meet first-degree requirements are second-degree murder.
• Voluntary Manslaughter: Heat of PassionHeat-of-passion manslaughter requires adequate provocation, sudden passion, no cooling-off, and causation.
• Involuntary ManslaughterUnintentional killings caused by criminal negligence or reckless conduct constitute involuntary manslaughter.
• Murder Causation NuancesIndependent intervening causes may break causation unless foreseeable.
• Year-and-a-Day RuleSome jurisdictions require death to occur within a year and a day for homicide liability.

• BatteryBattery is the unlawful application of force resulting in harmful or offensive contact.
• AssaultAssault is attempted battery or intentionally causing reasonable apprehension of imminent harmful contact.
• False ImprisonmentFalse imprisonment is unlawful confinement of another without valid consent.
• KidnappingKidnapping involves unlawful confinement coupled with movement or concealment.
• RapeRape is sexual intercourse without consent by force, threat, or when the victim cannot consent.
• Statutory RapeStatutory rape is strict liability and does not require knowledge of the victim’s age.

• LarcenyLarceny is trespassory taking and carrying away of property with intent to permanently deprive.
• EmbezzlementEmbezzlement requires fraudulent conversion of property by someone in lawful possession.
• False PretensesFalse pretenses requires obtaining title to property by intentional false representation.
• Larceny by TrickLarceny by trick involves obtaining possession (not title) through fraud.
• RobberyRobbery is larceny accomplished by force or threat of immediate harm.
• BurglaryBurglary is breaking and entering the dwelling of another at night with intent to commit a felony.
• ArsonArson is the malicious burning of the dwelling of another.
• Property vs. Possession DistinctionsMBE distinguishes possession, custody, and title for property crimes.
• Receipt of Stolen PropertyReceipt requires receiving stolen property with knowledge it is stolen and intent to deprive.

• AttemptAttempt requires intent to commit a crime and a substantial step beyond preparation.
• Impossibility DefenseFactual impossibility is not a defense; legal impossibility is a defense.
• SolicitationSolicitation is asking another to commit a crime with intent they do so.
• Conspiracy: AgreementConspiracy requires an agreement between two or more persons to commit a crime and intent to agree.
• Conspiracy: Overt Act RequirementMost jurisdictions require an overt act in furtherance of the conspiracy.
• Conspiracy Liability ScopeCo-conspirators are liable for foreseeable crimes committed in furtherance of the conspiracy.
• Withdrawal from ConspiracyWithdrawal requires timely repudiation; it does not negate liability for the conspiracy itself.
• Merger DoctrineAttempt and solicitation merge into the completed offense; conspiracy does not merge.
• Attempt WithdrawalWithdrawal is never a defense to attempt once a substantial step has occurred.
• Conspiracy vs. Attempt DistinctionConspiracy punishes collective agreement; attempt punishes failure despite steps toward completion.

• Self-DefenseNon-aggressors may use reasonable force when they reasonably believe force is necessary to prevent imminent harm.
• Defense of OthersA defender may use reasonable force when the third party would be justified in using force.
• Defense of PropertyReasonable, non-deadly force may protect property; deadly force is never allowed solely to protect property.
• DuressDuress is a defense when a defendant is coerced by imminent threat of deadly or serious harm; not a defense to…
• Insanity TestsMBE recognizes M'Naghten, irresistible impulse, Durham, and MPC substantial capacity tests.
• Intoxication DefenseVoluntary intoxication may negate specific intent; involuntary intoxication is a complete defense.
• Mistake of FactHonest mistakes of fact may negate mens rea; reasonable mistakes can negate general intent.
• Mistake of LawMistake of law is generally no defense unless reliance on an official interpretation.
• EntrapmentEntrapment occurs when law enforcement induces crime and the defendant was not predisposed.