SELECTED MODEL PENAL CODE PROVISIONS
Fall 2009
Deborah W. Denno
Arthur A. McGivney Professor of Law
Fordham University School of Law
nd
140 West 62 Street棉麻面料
New York, NY 10023
Phone: 212.636.6868
Email: ddenno@law.fordham.edu
TABLE OF Page PART I. GENERAL PROVISIONS
Article 1. Preliminary
§ 1.13. General Definitions (4)
矢志不渝的近义词Article 2 General Principles of Liability
§ 2.01. Requirement of Voluntary Act; Omission as Basis of Liability;
Posssion as an Act (6)
§ 2.02. General Requirements of Culpability (7)
§ 2.03. Causal Relationship Between Conduct and Result; Divergence Between Result Designed or Contemplated and Actual Result or Between Probable and Actual Result . . . 10§ 2.04. Ignorance or Mistake. (12)
§ 2.05. When Culpability Requirements Are Inapplicable to Violations and to Offens Defined by Other Statutes; Effect of Absolute Liability in Reducing Grade of Offen to Violation. .......................................................... . . . . . 13§ 2.06. Liability for Conduct of Another; Complicity. . (14)
§ 2.08. Intoxication. (16)
§ 2.09. Duress. (17)
Article 3. General Principles of Justification
§ 3.02. Justification Generally: Choice of Evils. (18)
§ 3.04. U of Force in Self-Protection. (19)
§ 3.05. U of Force for the Protection of Other Persons. (21)
§ 3.06. U of Force for Protection of Property. (22)
§ 3.07. U of Force in Law Enforcem ent. (26)
§ 3.09. Mistake of Law as to Unlawfulness of Force or Legality of Arrest; Reckless or Negligent U of Otherwi Justifiable Force; Reckless or Negligent Injury or Risk of
Injury to Innocent Persons. ............................................. . . . . . 29§ 3.11. . .. (30)
Article 4. Responsibility
§ 4.01. Mental Dia or Defect Excluding Responsibility. (31)
§ 4.02. Evidence of Mental Dia or Defect Admissible When Relevant to Element of
the Offen [Mental Dia or Defect Impairing Capacity as Ground for Mitigation of Punishm ent in Capital Cas]. (32)
Article 5. Inchoate Crimes
§ 5.01. Crim inal Attem pt. (33)
§ 5.03. Crim inal Conspiracy. (35)
Article 6. Authorized Disposition of Offenders
§ 6.06. Sentence of Imprisonment for Felony; Ordinary Terms (37)
Alternate § 6.06. Sentence of Imprisonment for Felony; Ordinary Terms (38)
PART II DEFINITION OF SPECIFIC CRIMES
Offens Involving Danger to the Person
Article 210. Criminal Homicide
§ 210.0. Definitions. (39)
§ 210.1. Crim inal Hom icide. (40)
§ 210.2. .. (41)英文文献格式
§ 210.3. Manslaughter. (42)
§ 210.4. Negligent Hom icide. (43)
§ 210.5. Causing or Aiding Suicide (44)
§ 210.6. Sentence of Death for Murder, Further Proceedings to Determine Sentence (45)
Article 211. Assault, Reckless Endangering; Threats
§ 211.0. Definitions ................................ . . . . . . . . . . . . . . . . . . . . . . . 49§ 211.1. Assault.. (50)
§ 211.2. Recklessly Endangering Another Person (51)
古风男图片§ 211.3. Terroristic Threats (52)
Article 213. Sexual Offens
§ 213.0. Definitions ..................... . . . ................ . . . . . . . . . . . . . . . . . 53§ 213.1. Rape and . . . (54)草帽图片
§ 213.2. Deviate Sexual Intercour by Force . . . (55)
§ 213.3. Corruption of Minors . . . . . . (56)
§ 213.4. . . . . . . . . . . . . (57)
§ 213.5. . . . . . . (58)
§ 213.6. Provisions Generally Applicable to . . . . . .. . . . . . (59)
PART I. GENERAL PROVISIONS
Article 1. Preliminary
§ 1.13. General Definitions.
In this Code, unless a different meaning plainly is required:
(1) "statute" includes the Constitution and a local law or ordinance of a political subdivision of the State;
(2) "act" or "action" means a bodily movement whether voluntary or involuntary;四明山旅游
(3) "voluntary" has the meaning specified in Section 2.01;
(4) "omission" means a failure to act;
(5) "conduct" means an action or omission and its accompanying state of mind, or, where relevant, a ries of acts and omissions;
(6) "actor" includes, where relevant, a person guilty of an omission;
(7) "acted" includes, where relevant, "omitted to act";
(8) "person," "he" and "actor" include any natural person and, where relevant, a corporation or an unincorporated association;
(9) "element of an offen" 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 offen; or
(b) establishes the required kind of culpability; or
(c) negatives an excu or justification for such conduct; or
(d) negatives a defen under the statute of limitations; or
(e) establishes jurisdiction or venue;
(10) "material element of an offen" means an element that does not relate exclusively to the statute of limitations, jurisdiction, venue, or to any other matter similarly unconnected with (i) the harm or evil, incident to conduct, sought to be prevented by the law defining the offen, or (ii) the existence of a justification or excu for such conduct;
(11) "purpoly" has the meaning specified in Section 2.02 and equivalent terms such as "with purpo," "designed" or "with design" have the same meaning;
(12) "intentionally" or "with intent" means purpoly;
(13) "knowingly" has the meaning specified in Section 2.02 and equivalent terms such as "knowing" or "with knowledge" have the same meaning;
(14) "recklessly" has the meaning specified in Section 2.02 and equivalent terms such as "recklessness" or "with recklessness" have the same meaning;
(15) "negligently" has the meaning specified in Section 2.02 and equivalent terms such as "negligence" or "with negligence" have the same meaning;
(16) "reasonably believes" or "reasonable belief" designates a belief that the actor is not reckless or negligent in holding.
Article 2 General Principles of Liability
§ 2.01. Requirement of Voluntary Act; Omission as Basis of Liability; Posssion as an Act.
(1) A person is not guilty of an offen unless his liability is bad on conduct that includes a voluntary act or the omission to perform an act of which he is physically capable.
(2) The following are not voluntary acts within the meaning of this Section:
(a) a reflex or convulsion;
杀蚊子(b) a bodily movement during unconsciousness or sleep;
(c) conduct during hypnosis or resulting from hypnotic suggestion;
(d) a bodily movement that otherwi is not a product of the effort or
determination of the actor, either conscious or habitual.
(3) Liability for the commission of an offen may not be bad on an omission unaccompanied by action unless:
(a) the omission is expressly made sufficient by the law defining the offen;
or
动车组二等座
(b) a duty to perform the omitted act is otherwi impod by law.
(4) Posssion is an act, within the meaning of this Section, if the posssor knowingly procured or received the thing possd or was aware of his control thereof for a sufficient period to have been able to terminate his posssion.
