NATIONAL
CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
VOLUME 7: SUBSTANTIVE CRIMES AND DEFENSES THERETO (Chapters 76-114)
TABLE OF CONTENTS
Chapter 76: Arson, Vandalism, Destruction Of Property, Etc.
76.1 Arson
76.1.1 Arson: Links To Other Sources
76.1.1.1 Arson: Cross References And Research Notes
76.1.1.2 Arson: Federal Circuit Models Instructions And Notes
76.1.2 Arson: Miscellaneous Issues
76.1.2.1 Arson: Definition Of Inhabited Structure
76.1.3 Arson: Defenses And Defense Theories
76.1.3.1 Arson: Defense Theory That No Burning Occurred
76.1.3.2 Defense Theory That The Intent Necessary For Arson Was Not Proven
76.1.3.3 Arson: Defense Theory That Only Personal Property Was Burned
76.1.3.4 Arson: Consent As Defense Theory
76.1.3.5 Arson: Voluntary Intoxication As A Defense Theory
76.1.3.6 Arson: No Arson When Building Is Burned By Its Owner
76.1.3.7 Arson: Defense Theory That Burning Alone Is Insufficient To Convict
76.1.3.8 Arson: Provocation/Heat Of Passion To Negate Malice Element
76.1.3.9 Arson: Additional Defenses And Defense Theories
76.2 Vandalism
76.2.1 Vandalism: Links To Other Sources
76.2.1.1 Vandalism: Cross References And Research Notes [Reserved]
76.2.2 Vandalism: Miscellaneous Issues
76.2.2.1 Malicious Destruction Of Property/Vandalism: Valuation Issues
76.2.3 Vandalism: Defenses And Defense Theories
76.2.3.1 Malicious Destruction Of Property/Vandalism: Property Must Be Of "Another"
76.2.3.2 Vandalism: Additional Defenses And Defense Theories
76.3 Destruction Of Property
76.3.1 Destruction Of Property: Links To Other Sources [Reserved]
76.3.2 Destruction Of Property: Miscellaneous Issues
76.3.2.1 Destruction Of Property: Co-Owner’s Destruction Of Property
76.3.3 Destruction Of Property: Defenses And Defense Theories [Reserved]
Chapter 77: Assaultive Crimes (Nonhomicide-Homicide)
77.1 Assault
77.1.1 Assault: Links To Other Sources
77.1.1.1 Assault: Cross References And Research Notes
77.1.1.2 Assault: Federal Circuit Model Instructions And Notes
77.1.2 Assault: Miscellaneous Issues
77.1.2.1 Assault: Distinction Between "Intent To Frighten" Assault And "Attempted Battery" Assault
77.1.2.2 Assault: Does Due Process Require Consideration Of Intoxication In Determining All Mental Elements Of The Charge?
77.1.2.3 Simple Attempted-Battery Assault: Intoxication Not A Defense
77.1.3 Attempted Battery Assault: Defenses And Defense Theories
77.1.3.1 Attempted-Battery Assault: Requirement Of Intent To Commit A Battery
77.1.3.2 Attempted-Battery Assault: Accidental Touching As Defense Theory
77.1.3.3 Attempted-Battery Assault: Lack Of Knowledge As Defense Theory
77.1.3.4 Attempted-Battery Assault: Requires Either Intent To Commit Battery Or An Act "Substantially Certain" To Result In A Battery
77.1.3.5 Attempted-Battery Assault: Defense Theory That A Battery Was Not Substantially Certain To Result From The Act Committed
77.1.3.6 Attempted-Battery Assault: Consideration Only Of Circumstances Known To Defendant When The Act Was Committed
77.1.3.7 Attempted-Battery Assault: Defense Theory That Victim's Injuries Should Only Be Considered When Relevant To Intent
77.1.3.8 Attempted-Battery Assault: Defense Theory That Lack Of Injury Shows Lack Of Intent To Injure
77.1.3.9 Attempted-Battery Assault: Intent To Frighten As Defense Theory
77.1.3.10 Attempted-Battery Assault: Recklessness Or Negligence As Defense Theory
77.1.3.11 Attempted-Battery Assault: Defense Theory That Nonviolent Touching Did Not Injure The Victim's Feelings
77.1.3.12 Attempted-Battery Assault: Lack Of Present Ability As Defense Theory
77.1.3.13 Attempted-Battery Assault: Present Ability Defined -- Unloaded Gun
77.1.3.14 Attempted-Battery Assault: Self Defense
77.1.3.15 Attempted-Battery Assault: Battered Person Syndrome
77.1.3.16 Attempted-Battery Assault: Accident
77.1.3.17 Attempted-Battery Assault: Additional Defenses And Defense Theories
77.2 Intent To Frighten Assault
77.2.1 Intent To Frighten Assault: Links To Other Sources
77.2.1.1 Intent To Frighten Assault: Cross References And Research Notes
77.2.1.2 Intent To Frighten Assault: Federal Circuit Model Instructions And Notes
77.2.2 Intent To Frighten Assault: Defenses And Defense Theories
77.2.2.1 Intent To Frighten Assault: Lack Of Intent To Cause Fear As Defense Theory
77.2.2.2 Intent To Frighten Assault: Victim's Lack Of Fear As Defense Theory
77.2.2.3 Intent To Frighten Assault: Negation Of Intent By Intoxication
77.2.2.4 Intent To Frighten Assault: Self Defense
77.2.2.5 Intent To Frighten Assault: Battered Person Syndrome
77.2.2.6 Intent To Frighten Assault: Accident
77.2.2.7 Intent To Frighten Assault: Additional Defenses And Defense Theories
77.3 Aggravated Assault (Assault With A Deadly Weapon, Etc.)
77.3.1 Aggravated Assault: Links To Other Sources
77.3.1.1 Aggravated Assault: Cross References And Research Notes
77.3.1.2 Aggravated Assault: Federal Circuit Model Instructions And Notes
77.3.2 Aggravated Assault: Miscellaneous Issues
77.3.2.1 Assault: Footwear May Be Deadly Weapon Depending On Manner Of Use
77.3.2.2 Assault With A Deadly Weapon Or By Means Of Force Likely To Produce Great Bodily Injury Or With Firearm
77.3.2.3 Assault With Semi-Automatic Firearm, Machine Gun, Or Assault Weapon [Reserved]
77.3.2.4 Assault With Semi-Automatic Firearm, Machine Gun, Or Assault Weapon On Peace Officer, Etc. [Reserved]
77.3.2.5 Assault With Intent To Commit Specified Offenses (Mayhem, Rape, Sodomy, Oral Copulation)
77.3.2.6 Sexual Intercourse By HIV Carrier As Aggravated Assault: Transmission Of HIV Must Be Likely
77.3.3 Aggravated Assault: Defenses And Defense Theories
77.3.3.1 Assault With A Deadly Weapon: Defense Theory That Bare Hands Or Feet Are Not Deadly Weapons
77.3.3.2 Aggravated Assault: Defense Theory That The Object Used Was Not A Deadly Weapon
77.3.3.3 Aggravated Assault: Athletic Contest As Defense Theory
77.3.3.4 Aggravated Assault: Self Defense
77.3.3.5 Aggravated Assault: Battered Person Syndrome
77.3.3.6 Aggravated Assault: Accident
77.3.3.7 Aggravated Assault: Additional Defenses And Defense Theories
77.4 Assault On Law Enforcement Officer, Custodial Officer Or Firefighter
77.4.1 Assaults On Law Enforcement Officer, Custodial Officer Or Firefighter: Links To Other Sources
77.4.1.1 Assault On Law Enforcement Officer, Custodial Officer Or Firefighter: Cross References And Research Notes [Reserved]
77.4.1.2 Assault On Law Enforcement Officer, Custodial Officer Or Firefighter: Federal Circuit Model Instructions And Notes
77.4.2 Assaults On Law Enforcement Officer, Custodial Officer Or Firefighter: Miscellaneous Issues
77.4.2.1 Assault With A Deadly Weapon Upon A Police Officer [Reserved]
77.4.2.2 Assault On Police Officer: Definition Of Deadly Weapon
77.4.2.3 Assault On Police Officer: Requirement Of Knowledge That Victim Was A Law Enforcement Officer Engaged In Performing Official Duties
77.4.2.4 Assault On Police Officer With Illegal Weapon [Reserved]
77.4.3 Assaults On Law Enforcement Officer, Custodial Officer Or Firefighter: Defenses And Defense Theories
77.4.3.1 Assault On Law Enforcement Officer, Assault On Law Enforcement Officer Intoxication To Negate Mens Rea
77.4.3.2 Defense Theory That Off-Duty Officer Employed As Private Security Guard Was Not Discharging Official Duties
77.4.3.3 Defense Theory Of Self- Defense Against "Excessive Force" By Police Officer
77.4.3.4 Assault On Law Enforcement Officer, Custodial Officer Or Firefighter: Accident
77.4.3.5 Assault On Law Enforcement Officer, Custodial Officer Or Firefighter: Additional Defenses And Defense Theories
77.4.4 Assault On Police Officer: Lesser Offenses
77.4.4.1 Assault On Police Officer: Defense Theory That Simple Assault Or Assault With A Deadly Weapon Are Lesser Included Offenses
77.5 Assault With Intent To Murder
77.5.1 Assault With Intent To Murder: Links To Other Sources
77.5.1.1 Assault With Intent To Murder: Cross References And Research Notes
77.5.1.2 Assault With Intent To Murder: Federal Circuit Model Instructions And Notes
77.5.2 Assault With Intent To Murder: Miscellaneous Issues
77.5.2.1 Assault With Intent To Commit Murder: Requirement Of Intent To Kill
77.5.2.2 Assault With Intent To Commit Murder: Improper To Define Mens Rea As Intent To Murder
77.5.3 Assault With Intent To Murder: Defenses And Defense Theories
77.5.3.1 Aggravated Assault: Intoxication As Defense Theory
77.5.3.2 Assault With Intent To Murder: Self Defense
77.5.3.3 Assault With Intent To Murder: Battered Person Syndrome
77.5.3.4 Assault With Intent To Murder: Mental, Medical Or Physical Impairment Of Defendant
77.5.3.5 Assault With Intent To Murder: Additional Defenses And Defense Theories
77.6 Brandishing Or Pointing Of Firearms
77.6.1 Brandishing Or Pointing Of Firearms: Links To Other Sources
77.6.1.1 Brandishing Or Pointing Of Firearms: Cross References And Research Notes
77.6.1.2 Brandishing Or Pointing Of Firearms: Federal Circuit Model Instructions And Notes
77.6.2 Brandishing Or Pointing Of Firearms: Miscellaneous Issues
77.6.2.1 Brandishing Firearm: Definition of "Rude"
77.6.3 Brandishing Or Pointing Of Firearms: Defenses And Defense Theories
77.6.3.1 Brandishing, Exhibiting Or Pointing A Deadly Weapon In Self Defense
77.6.3.2 Brandishing Firearm: Battered Person Syndrome
77.6.3.3 Brandishing Or Pointing Of Firearms: Additional Defenses And Defense Theories
77.7 Conditional Assault
77.7.1 Conditional Assault: Links To Other Sources
77.7.1.1 Conditional Assault: Cross References And Research Notes [Reserved]
77.7.1.2 Federal Circuit Model Instructions And Notes [Reserved]
77.7.2 Conditional Assault: Miscellaneous Issues
77.7.2.1 Conditional Assault: Requirement That The Threat Be Communicated
77.7.3 Conditional Assault: Defenses And Defense Theories
77.7.3.1 Conditional Assault: Lack Of Intent To Immediately Enforce Performance Of The Condition As Defense Theory
77.7.3.2 Conditional Assault: Self Defense
77.7.3.3 Conditional Assault: Battered Person Syndrome
77.7.3.4 Conditional Assault: Additional Defenses And Defense Theories
77.8 Shooting At Dwelling Or Vehicle
77.8.1 Shooting At Dwelling Or Vehicle: Shooting At Dwelling Or Vehicle: Links To Other Sources
77.8.1.1 Shooting At Dwelling Or Vehicle: Cross References And Research Notes [Reserved]
77.8.1.2 Shooting At Dwelling Or Vehicle: Federal Circuit Model Instructions And Notes [Reserved]
77.8.2 Shooting At Dwelling Or Vehicle: Miscellaneous Issues
77.8.2.1 Shooting At Occupied Dwelling/Vehicle [Reserved]
77.8.2.2 Shooting At An Inhabited Dwelling: Temporarily Absent Occupant Must Intend To Continue Living In The Dwelling
77.8.2.3 Shooting At Inhabited Dwelling: Auxiliary Structures
77.8.2.4 Definition Of Inhabited Dwelling: Multiple Rooms
77.8.3 Shooting At Dwelling Or Vehicle: Defenses And Defense Theories
77.8.3.1 Defense Theory That Shooting At Occupied Vehicle Does Not Constitute Assault
77.8.3.2 Defense Theory That Shooting Within A Building Does Not Violate A Statute Proscribing Shooting At Inhabited Dwelling
77.8.3.3 Shooting At Dwelling Or Vehicle: Self Defense
77.8.3.4 Shooting At Dwelling Or Vehicle: Battered Person Syndrome
77.8.3.5 Shooting At Dwelling Or Vehicle: Accident
77.8.3.6 Shooting At Dwelling Or Vehicle: Additional Defenses And Defense Theories
77.9 Battery
77.9.1 Battery: Links To Other Sources
77.9.1.1 Battery: Cross References And Research Notes
77.9.1.2 Federal Circuit Model Instructions And Notes [Reserved]
77.9.2 Battery: Miscellaneous Issues
77.9.2.1 Battery With Serious Bodily Injury [Reserved]
77.9.2.2 Spitting As Battery
77.9.2.3 Intentional Battery: Requirement Of Intent To Apply Unlawful Force
77.9.2.4 Battery: Whether Criminal Negligence Requirement Is Sufficient
77.9.3 Battery On Law Enforcement Officer, Firefighter, Custodial Officer, Etc.
77.9.3.1 Battery On Police Officer: Discharge Or Performance Of Duties
77.9.3.2 Battery On Law Enforcement Officer Or Firefighter: Requirement Of Knowledge
77.9.4 Battery: Defenses And Defense Theories
77.9.4.1 Consent As Defense To Battery During Athletic Contest
77.9.4.2 Battery: Good Faith Belief In Consent As Defense Theory
77.9.4.3 Battery: Accident As Defense Theory
77.9.4.4 Battery: Defense Theory That Victim Suffered No Physical Injury O Emotional Distress
77.9.4.5 Battery: Lack Of Knowledge As Defense Theory To Battery Based On Criminal Negligence
77.9.4.6 Battery: Self Defense
77.9.4.7 Battery: Battered Person Syndrome
77.9.4.8 Battery: Additional Defenses And Defense Theories
77.10 Spousal/Cohabitant Abuse
77.10.1 Spouse Or Cohabitant Beating: Links To Other Sources
77.10.1.1 Spouse Or Cohabitant Beating: Cross References And Research Notes [Reserved]
77.10.2 Spouse Or Cohabitant Beating: Miscellaneous Issues
77.10.2.1 Simultaneous Cohabitating
77.10.3 Spouse Or Cohabitant Beating: Defenses And Defense Theories
77.10.3.1 Spouse/Cohabitant Beating: Defense Theory That Victim Was Not A Cohabitant
77.10.3.2 Defense Theory That Alleged Victim Was Not A Cohabitant: Factors To Consider
77.10.3.3 Spousal/Cohabitant Abuse: Self Defense
77.10.3.4 Spousal/Cohabitant Abuse: Battered Person Syndrome
77.10.3.5 Spousal/Cohabitant Abuse: Additional Defenses And Defense Theories
77.11 Mayhem
77.11.1 Mayhem: Links To Other Sources
77.11.1.1 Mayhem: Cross References And Research Notes
77.11.2 Mayhem/Disfigurement: Miscellaneous Issues
77.11.2.1 Mayhem: Prosecution Burden To Prove Permanence
77.11.2.2 Mayhem: Intent Not To Be Inferred From Injuries Alone
77.11.3 Mayhem: Defenses And Defense Theories
77.11.3.1 Mayhem/Disfigurement: Defense Theory That Victim Was Not Permanently Disabled Or Disfigured
77.11.3.2 Mayhem: Lack Of Intent To Permanently Disfigure As Defense Theory
77.11.3.3 Mayhem: Defense Theory That Intent To Kill Is Not Sufficient
77.11.3.4 Applicability Of Self Defense To Mayhem
77.11.3.5 Mayhem: Imperfect Self Defense As Defense Theory
77.11.3.6 Mayhem: Heat Of Passion/Provocation As Defense Theory
77.11.3.7 Mayhem: Battered Person Syndrome
77.11.3.8 Mayhem: Accident
77.11.3.9 Mayhem: Additional Defenses And Defense Theories
77.12 Torture
77.12.1 Torture: Links To Other Sources
77.12.1.1 Torture: Cross References And Research Notes
77.12.2 Torture: Miscellaneous Issues
77.12.2.1 Unconstitutional Vagueness Of The Terms "Cruel," "Sadistic Purpose," "Torture" And "Extortion"
77.12.2.2 Torture: Evidence Required
77.12.3 Torture: Defenses And Defense Theories
77.12.3.1 Torture: Lack Of Separate Objective From The Killing As Defense Theory
77.12.3.2 Torture: Mental, Medical Or Physical Impairment Of Defendant
77.12.3.3 Torture: Additional Defenses And Defense Theories
77.13 Witness Intimidation
77.13.1 Witness Intimidation: Links To Other Sources
77.13.1.1 Witness Intimidation: Cross References And Research Notes
77.13.2 Witness Intimidation: Miscellaneous Issues [Reserved]
77.13.3 Witness Intimidation: Defenses And Defense Theories
77.13.3.1 Witness Intimidation: Defense Theory Of No Intent To Affect Testimony
77.13.3.2 Threats Of Force Or Violence Against Witness Or Crime Victim: Lack Of Intent To Frighten As Defense Theory
77.13.3.3 Witness Intimidation: Additional Defenses And Defense Theories
77.14 Terrorist Threats
77.14.1 Terrorist Threats: Links To Other Sources
77.14.1.1 Terrorist Threats: Cross References And Research Notes [Reserved]
77.14.1.2 Terrorist Threats: Federal Circuit Model Instructions And Notes
77.14.2 Terrorist Threats: Miscellaneous Issues
77.14.2.1 Terror And Terrorized: Defined
77.14.2.2 Terrorist Threats: Consideration Of Words And Circumstances
77.14.2.3 Terrorist Threats: Constitutional Challenge
77.14.3 Terrorist Threats: Defenses And Defense Theories
77.14.3.1 Terrorist Threat: Defense Theory Of No Intent To Place Victim In Fear Of Serious Bodily Injury
77.14.3.2 Terrorist Threats: Defense Theory That Jury Must Unanimously Agree Upon At Least One Threat As Basis For Conviction
77.14.3.3 Terrorist Threats: First Amendment Defense
77.14.3.4 Terrorist Threats: Additional Defenses And Defense Theories
77.15 Hate Crimes, Interference With Civil Rights
77.15.1 Hate Crimes: Links To Other Sources
77.15.1.1 Hate Crimes: Cross References And Research Notes
77.15.1.2 Hate Crimes: Federal Circuit Model Instructions And Notes [Reserved]
77.15.2 Hate Crimes: Miscellaneous Issues
77.15.2.1 Hate Crimes: Constitutional Challenge
77.15.2.2 Hate Crimes: Causation
77.15.2.3 Hate Crimes: Mens Rea
77.15.3 Hate Crimes: Defenses And Defense Theories
77.15.3.1 Hate Crimes: Lack Of Intent As Defense Theory
77.15.3.2 Hate Crimes: Defense Theory That Impermissible Bias Was Not A Substantial Cause Of The Defendant's Acts
77.15.3.3 Hate Crimes: Defense Theory That Defendant Did Not Personally Harbor The Required Mental State
77.15.3.4 Hate Crimes: First Amendment Defense
77.15.3.5 Hate Crimes: Additional Defenses And Defense Theories
77.16 Stalking
77.16.1 Stalking: Links To Other Sources
77.16.1.1 Stalking: Cross References And Research Notes
77.16.1.2 Stalking: Federal Circuit Model Instructions And Notes
77.16.2 Stalking: Miscellaneous Issues
77.16.2.1 Constitutional Challenges To The Crime Of Stalking
77.16.2.2 Stalking: Constitutional Challenge To Use Of Term Repeatedly
77.16.2.3 Stalking: "Repeatedly" Should Not Be Defined As More Than Once
77.16.3 Stalking: Defenses And Defense Theories
77.16.3.1 Stalking: Defense Theory That The Number Of Acts Committed Did Not Constitute A "Pattern," "Series" Or "Course Of Conduct"
77.16.3.2 Stalking: Defense Theory That The Term Repeatedly Requires At Least Three Separate Acts
77.16.3.3 Stalking: Juror Unanimity As To The Predicate Acts As Defense Theory
77.16.3.4 Stalking: Defense Theory That Victim's Feelings Of Harassment Were Not Reasonable And/Or Subjectively Held
77.16.3.5 Stalking: Constitutionally Protected Behavior As Defense Theory
77.16.3.6 Stalking Following Court Order: Defense Theory Of Double Jeopardy Based On Prior Contempt Conviction
77.16.3.7 Stalking In Violation Of Court Order: Defense Theory That Stipulation Bars Evidence Of Court Order Violation
77.16.3.8 Stalking: Lawful Authority As Defense Theory
77.16.3.9 Stalking: Defense Theory That There Was Insufficient Separation In Time For The Alleged Acts
77.16.3.10 Stalking: First Amendment Defense
77.16.3.11 Stalking: Additional Defenses And Defense Theories
Chapter 78: Burglary Of Building Or Structure
78.1 Burglary: Links To Other Sources
78.1.1 Burglary: Cross References And Research Notes
78.1.2 Burglary: Federal Circuit Model Instructions And Notes
78.2 Burglary: Miscellaneous Issues
78.2.1 Burglary: Inhabited Dwelling Defined
78.2.2 Challenge To Multiple Burglary Counts Based On Entry Of Multiple Rooms In A Single Structure
78.3 Burglary: Defenses And Defense Theories
78.3.1 Burglary: Structure Was Not A Building
78.3.1.1 Burglary: Irreparably Damaged Building Is Not A Dwelling
78.3.1.2 Burglary: New Structure Not Yet Used For Sleeping Is Not A Dwelling
78.3.1.3 Burglary: Requirement Of Jury Finding On Issue Of "Building"
78.3.2 Burglary: Structure Was Not Inhabited
78.3.2.1 Burglary: Dwelling Is Not Inhabited If Residents Have Moved Out With No Intent To Return
78.3.2.2 Burglary: Definition Of Dwelling House: Portion Used As Business
78.3.2.3 Burglary: Inhabited Dwelling: "For Dwelling Purposes" Requires Use As Sleeping And Living Quarters
78.3.2.4 Burglary: Inhabited Dwelling Defined: Occupant Must Be Alive
78.3.2.5 Burglary: Tent Is Inhabited Dwelling
78.3.3 Lack Of Entry
78.3.3.1 Burglary: Requirement Of Entry
78.3.3.2 Burglary: Requirement That Defendant Pass Over The "Structural Boundary"
78.3.3.3 Burglary: Entry By Part Of Person's Body
78.3.3.4 Burglary: Defense Theory That Instrument Or Object Which Passed Structural Boundary Was Not Capable Of Completing The Felonious Purpose
78.3.3.5 Insertion Of Stolen ATM Card Or Forged Check Is Not Burglary
78.3.4 Lack Of Necessary Intent At Time Of Entry
78.3.4.1 Burglary: Requirement Of Intent
78.3.4.2 Burglary: Defense Theory That The Necessary Intent Was Not Formed Until After The Entry
78.3.4.3 Burglary: Requirement Of Intent To Commit A Crime Against Property Or A Person
78.3.4.4 Burglary: Theory That Defendant's Actions After Entry Are Relevant To Show Lack Of Criminal Intent
78.3.4.5 Burglary: Defense Theory That There Was No Intent To Permanently Deprive
78.3.4.6 Burglary: Defense Theory Based On Lack Of Intent To Commit The Intended Crime In The Building Entered
78.3.4.7 Burglary: Intent To Steal Or Commit A Felony May Not Be Inferred Solely From Unauthorized Entering
78.3.4.8 Burglary: Defense Theory That The Jury Should Be Instructed On The Definitional Elements Of The Intended Crime
78.3.4.9 Burglary: Defense Theory That The Intended Crime Was A Lesser Included Misdemeanor Of The Alleged Felony
78.3.4.10 Burglary: Lack Of Notice As To Intended Crime As Defense Theory
78.3.4.11 Burglary: Intent When Entering Interior Room Not Substitute For Intent When Initially Entering The Building
78.3.4.12 Entry With Intent To Commit A Crime Which Is Already Completed Is Not Burglary
78.4 Burglary: Consent, Claim Of Right, Etc.
78.4.1 Burglary: Consent Need Only Be Given By One Of Multiple Owners
78.4.2 Burglary: Mistake Of Fact As To Right Or Consent To Enter
78.4.3 Burglary: Defense Theory That Owner Or Occupant Cannot Commit Burglary Of His Or Her Own Property
78.4.4 Burglary: Defense Theory Of Lawful Authority To Enter Based On Co-Habitation
78.4.5 Burglary: Claim Of Right To Enter The Property
78.4.6 Burglary: Claim Of Right As To The Property Taken As A Defense Theory
78.4.7 Burglary: Defense Of Consent
78.5 Burglary: Additional Defenses And Defense Theories
78.5.1 Burglary: Additional Defenses And Defense Theories
78.6 Burglary: Lesser Offenses
78.6.1 Burglary: Defense Theory That The Intended Crime Was A Lesser Included Misdemeanor Of The Alleged Felony
Chapter 79: Unlawful Remaining In A Building Or Structure
79.1 Unlawful Remaining: Links To Other Sources
79.1.1 Unlawful Remaining: Cross References And Research Notes
79.1.2 Unlawful Remaining: Federal Circuit Model Instructions And Notes [Reserved]
79.2 Unlawful Remaining: Miscellaneous Issues [Reserved]
79.3 Unlawful Remaining: Defenses And Defense Theories
79.3.1 Unlawfully Remaining In Building: Defense Theory That Original Entry Must Be With The Required Criminal Intent
79.3.2 Unlawful Remaining: Applicability Of Defenses And Defense Theories To Burglary
79.3.3 Unlawful Remaining: Additional Defenses And Defense Theories
Chapter 80: Burglary Of A Vehicle
80.1 Burglary Of Vehicle: Links To Other Sources
80.1.1 Burglary Of Vehicle: Cross References And Research Notes [Reserved]
80.1.2 Burglary Of Vehicle: Federal Circuit Model Instructions And Notes [Reserved]
80.2 Burglary Of Vehicle: Miscellaneous Issues [Reserved]
80.3 Burglary Of Vehicle: Defenses And Defense Theories
80.3.1 Removal Of Exterior Parts Insufficient For Vehicular Burglary
80.3.2 Burglary Of Vehicle: Additional Defenses And Defense Theories
Chapter 81: Child Abuse And Neglect
81.1 Child Abuse/Neglect/Endangerment
81.1.1 Child Abuse/Neglect/Endangerment Felony: Links To Other Sources
81.1.1.1 Child Abuse/Neglect/Endangerment: Cross References And Research Notes
81.1.1.2 Child Abuse/Neglect/Endangerment: Federal Circuit Model Instructions And Notes [Reserved]
81.1.2 Child Abuse/Neglect/Endangerment: Miscellaneous Issues
81.1.2.1 Assault On Child Under Eight Resulting In Death [Reserved]
81.1.2.2 Child Beating [Reserved]
81.1.2.3 Child Endangerment [Reserved]
81.1.2.4 Child Abuse [Reserved]
81.1.2.5 Child Abuse/Neglect/Endangerment: Definition Of "Care" And "Custody"
81.1.2.6 Felony Child Abuse: Mother's Pre-Natal Conduct Such As Consumption Of Drugs Not Sufficient
81.1.2.7 Child Abuse: Statutory Vagueness/Overbreadth
81.1.3 Child Abuse/Neglect/Endangerment: Defenses And Defense Theories
81.1.3.1 Child Abuse/Neglect/Endangerment: Parent's Right To Discipline As Defense Theory
81.1.3.2 Child Abuse/Neglect/Endangerment: Defense Theory That The Danger To The Child Must Be Reasonably Foreseeable
81.1.3.3 Child Abuse/Neglect/Endangerment: Lack Of Knowledge As Defense Theory
81.1.3.4 Child Abuse/Neglect/Endangerment Based On Omission To Act: Inability To Act As Defense Theory
81.1.3.5 Child Abuse/Neglect/Endangerment Based On Omission To Act: Unawareness Of Duty To Act As Defense Theory
81.1.3.6 Child Abuse/Neglect/Endangerment Based On Omission To Act: Other Defenses And Issues
81.1.3.7 Child Abuse/Neglect/Endangerment: Treatment By Spiritual Means As Defense Theory
81.1.3.8 Child Abuse/Neglect/Endangerment: Additional Defenses And Defense Theories
81.2 Contributing To The Delinquency Of Minors
81.2.1 Contributing To The Delinquency Of Minors: Links To Other Sources
81.2.1.1 Contributing To The Delinquency Of Minors: Cross References And Research Notes [Reserved]
81.2.2 Contributing To The Delinquency Of Minors: Miscellaneous Issues [Reserved]
81.2.3 Contributing To The Delinquency Of Minors: Defenses And Defense Theories
81.2.3.1 Contributing To The Delinquency Of Minors: Mistake Of Fact As To Age-- Serving Alcohol To Minors
81.2.4 Contributing To The Delinquency Of Minors: Additional Defenses And Defense Theories
Chapter 82: Computer And High Tech Crimes
82.1 Computer And High Tech Crimes: Links To Other Sources
82.1.1 Computer And High Tech Crimes: Cross References And Research Notes [Reserved]
82.1.2 Computer And High Tech Crimes: Federal Circuit Model Instructions And Notes
82.2 Computer Crimes And High Tech Crimes: Miscellaneous Issues
82.2.1 Definition Of Computer System And Computer Network
82.2.2 Whether Telephone Or Voice Mail System Is Covered By Computer Crimes Statutes
82.2.3 High Tech Crimes: Additional Defenses And Defense Theories
Chapter 83: Conspiracy
83.1 Conspiracy: Links To Other Sources
83.1.1 Conspiracy: Cross References And Research Notes
83.1.2 Conspiracy: Federal Circuit Model Instructions And Notes
83.2 Conspiracy: Miscellaneous Issues
83.2.1 Coconspirator Issues
83.2.2 Conspiracy: Proof By Circumstantial Evidence
83.2.3 Criticism Of The Crime Of Conspiracy
83.2.4 Conspiracy: Defense Theory That Statements As To The Existence Of Conspiracy ("Spilling The Beans") Do Not Further The Conspiracy
83.2.5 Conspiracy And Substantive Offense Should Be Considered Separately
83.2.6 Conspiracy: Variance
83.2.7 Evidentiary Issues In Conspiracy Cases
83.2.8 Conspiracy: Corporate Liability -- Requirement Of At Least Two Natural Persons
83.2.9 Conspiracy: Deliberate Ignorance
83.3 Conspiracy: Defenses And Defense Theories
83.3.1 Miscellaneous Defenses And Defense Theories
83.3.1.1 Conspiracy: Actual Impossibility As Defense Theory
83.3.1.2 Defense Theory That Intent To Commit Reckless Or Unintentional Crime Is Not Conspiracy
83.3.1.3 Conspiracy With Government Agent Or Feigned Participant As Defense Theory
83.3.1.4 Conspiracy: Lack Of "Jointly Conceived Plan" As Defense Theory
83.3.1.5 Conspiracy: Person Who Joins Conspiracy After Its Formation Not Liable For Or Bound By Acts Committed Before He Or She Joined The Conspiracy
83.3.1.6 Conspiracy: Defense Theory That Intended Offense Requires Two Perpetrators (Wharton's Rule)
83.3.1.7 Conspiracy: Defense Theory That Agreement Or Overt Act Did Not Occur In The Venue Where The Charges Were Brought
83.3.1.8 Conspiracy: Mistake Of Fact As Defense Theory
83.3.1.9 Conspiracy: Defendant's Belief That He Or She Is Assisting The Government As Defense Theory
83.3.1.10 Conspiracy: Professional And Ethical Responsibilities Of Lawyer As Defense Theory
83.3.1.11 Conspiracy: Defense Theory Challenging A Charge Of Attempted Conspiracy
83.3.2 Buyer-Seller Relationship Is Not A Conspiracy
83.3.2.1 Conspiracy: Defense Theory That "Buyer-Seller Relationship" Is Insufficient
83.3.2.2 Buyer-Seller Relationship: Factors To Consider
83.3.2.3 Buyer-Seller Relationship: Non Drug Cases
83.3.2.4 Buyer-Seller Relationship: Failure To Give Instruction As Plain Error
83.3.3 Existence Of Conspiracy: Miscellaneous Defense Theories
83.3.3.1 Defense Theory That The Alleged Coconspirator Has Not Been Proven Guilty Of Conspiracy
83.3.3.2 Conspiracy: Adding Or Removing Conspiracy Members Does Not Create A New Conspiracy
83.3.3.3 Defense Theory That Conspiracy Terminated When The Criminal Object Was Attained Or Defeated
83.3.3.4 Circumstances Which Are Not Sufficient To Prove Conspiracy
83.3.3.5 Conspiracy: Requirement Of More Than One Conspirator -- "The Plurality Requirement" (Collateral Estoppel)
83.3.3.6 Jury Should First Decide Whether Conspiracy Existed Then Whether Defendant Was a Member of the Conspiracy
83.3.3.7 Issues Related To Duration Of Conspiracy
83.3.3.8 "Rule Of Consistency:" Acquittal Of Codefendants Does Not Bar Later Conviction Of Severed Coconspirator
83.3.4 Overt Acts: Defense Theories
83.3.4.1 Cross-Reference Links And Research Notes
83.3.4.2 Conspiracy: Overt Acts Must Be Proved In Same Manner As Other Elements
83.3.4.3 Conspiracy: Defense Theory That Payment Of Money To A Coconspirator To Secure Agreement Is Not Overt Act
83.3.4.4 Defense Theory That Overt Act Was Not Independent Of The Acts Which Made Up The Conspiracy Agreement
83.3.4.5 Conspiracy: Defense Theory That The Overt Act Was Committed After Completion Of The Criminal Objective
83.3.4.6 Defense Theory That The Overt Act Alone Does Not Prove The Conspiracy
83.3.4.7 Defense Theory That Overt Act Was Not Alleged In Charging Document
83.3.4.8 Defense Theory That Overt Act Was Not Done In Furtherance Of The Conspiracy
83.3.4.9 Conspiracy: Defense Theory That Overt Act Did Not Occur Within Statute Of Limitations
83.3.4.10 Conspiracy: Defense Theory That Overt Act Has Not Been Proven
83.3.4.11 Conspiracy: Defense Theory That No Single Overt Act Has Been Proven (Unanimity As To Overt Act)
83.3.4.12 Conspiracy: Desired Or Wanted Result Is Not An Overt Act
83.3.4.13 Overt Act: Passive Receipt Of Funds
83.3.4.14 Overt Act That Is Also Substantive Count: No Double Jeopardy Problem
83.3.4.15 Overt Acts Do Not Need To Be Charged
83.3.4.16 Whether Acquitted Conduct Can Be An Overt Act
83.3.5 Conspiracy: Mental State -- Defense Theories
83.3.5.1 Conspiracy: Dual Intent Requirement
83.3.5.2 Conspiracy: Defense Theory Of No Wrongful Purpose Or Corrupt Motive
83.3.5.3 Defense Theory that Defendant Did Not Have The Required Intent
83.3.5.4 Conspiracy: Lack Of Knowledge As Defense Theory
83.3.5.5 Lack Of Intent As To Predicate Offense As Defense Theory To Conspiracy Charge
83.3.5.6 Conspiracy: Lack Of "Meeting Of The Minds" As Defense Theory
83.3.5.7 Conspiracy: Requirement Of Definition Of "Willfully" When Defendant Contests Intent To Form The Agreement
83.3.5.8 Conspiracy: Defense Theory That Defendant Misunderstood The Purpose Of Agreement
83.3.5.9 Conspiracy: Degree Of Criminal Intent Must Be At Least That Necessary For The Substantive Offense
83.3.6 Defendant's Membership In Conspiracy: Defense Theories
83.3.6.1 Conspiracy: Defense Theory The Defendant Committed The Crime As An Independent Or Spontaneous Act Apart From The Conspiracy
83.3.6.2 Conspiracy: Membership In Uncharged Conspiracy
83.3.6.3 Conspiracy: Defense Theory That There Is No Joint Responsibility Because Defendant And Coconspirator Were Members Of Different Conspiracies
83.3.6.4 Conspiracy: Joint Responsibility -- Withdrawal As Defense Theory
83.3.6.5 Conspiracy: Defense Theory That Knowing Association Is Insufficient
83.3.6.6 Conspiracy: Defense Theory That Family Relationship Is Insufficient
83.3.6.7 Conspiracy: Membership Must Be Based On Acts and Statements Of The Defendant
83.3.6.8 Conspiracy: Defense Theory That Friendship Between Defendant And Conspirator Is Insufficient
83.3.6.9 Conspiracy: Defense Theory That Sympathy To The Conspiratorial Objectives Is Insufficient
83.3.6.10 Conspiracy: Defense Theory That Meeting And Talking Insufficient To Prove Agreement
83.3.6.11 Conspiracy: Commission Of Act Which Furthers The Conspiracy Does Not Prove Membership In Conspiracy
83.3.6.12 Conspiracy: Mere Presence Insufficient To Prove Membership
83.3.6.13 Defense Theory That Defendant Merely Approved Of Or Acquiesced In Object Of The Conspiracy Without Joining It
83.3.6.14 Conspiracy: Defense Theory That Failure To Prevent The Crime Does Not Establish Membership In Conspiracy
83.3.6.15 Conspiracy: Defense Theory That More Than "Slight Evidence" Or "Slight Connection" Required
83.3.6.16 Conspiracy: Defense Theory That Mere Suspicion Or Conjecture Is Insufficient
83.3.6.17 Conspiracy: Jury Should First Decide Whether Conspiracy Existed Then Whether Defendant Was a Member of the Conspiracy
83.3.6.18 Mere Presence Or Association: Omission Of The Term "Mere"
83.3.6.19 Conspiracy: Doing Similar Things Or Producing Similar Results Not Sufficient (Parallelism)
83.3.6.20 Gang Members' General Agreement To Support Each Other In Fights Is Insufficient To Prove Conspiracy To Commit Assault
83.3.6.21 Conspiracy: Defense Theory That Purchase Or Solicitation Of Conspiracy's Services Does Not Prove Membership
83.3.7 Object Of Conspiracy: Defense Theories
83.3.7.1 Defense Theory That The Jury May Only Find A Conspiracy Based On A Criminal Objective Which Has Been Alleged By The Prosecution
83.3.7.2 Conspiracy: Defense Theory That No Single Objective Of The Conspiracy Has Been Proven (Unanimity As To Object)
83.3.7.3 Defense Theory That The Acts Of The Coconspirators Were Independent Of The Conspiratorial Objective Or "Common Design"
83.3.7.4 Conspiracy: Objective Must Be Stated As A Substantive Crime Rather Than A Conspiracy To Commit The Substantive Crime
83.3.7.5 Conspiracy: Requirement That The Target Offense Be Defined
83.3.7.6 Conspiracy: Defense Theory That General Agreement To Engage In Unspecified, Unlawful Conduct Is Insufficient
83.3.8 Multiple Conspiracy: Defense Theories
83.3.8.1 Defense Theory That The Evidence Shows Separate Multiple Conspiracies Rather Than One Single Conspiracy Alleged By The Prosecution
83.3.8.2 Defense Theory That Each Separately Charged Conspiracy Must Be Considered Separately
83.3.8.3 Defense Theory That Multiple Charged Conspiracies Are Only One Conspiracy
83.3.9 Duration: Defense Theories
83.3.9.1 Defense Theory That The Duration Of The Conspiracy Was Not Extended By Post-Offense Efforts To Conceal
83.3.9.2 Conspiracy: Defense Theory That Overt Act Did Not Occur Within Statute Of Limitation
83.3.9.3 Duration Of Conspiracy And Withdrawal
83.3.9.4 Conspiracy Does Not Terminate When Objective Becomes Impossible To Achieve
83.3.9.5 Conspiracy For Economic Gain Terminates When Funds Are Received
83.3.10 Pinkerton Liability
83.3.10.1 Pinkerton Liability: Defense Theories
83.3.11 Conspiracy: Withdrawal As Defense Theory
83.3.11.1 Withdrawal As Defense To Conspiracy: Requirement Of Affirmative Act Inconsistent With Object Of Conspiracy
83.3.11.2 Conspiracy: Effect Of Withdrawal
83.3.11.3 Conspiracy: Withdrawal--Defense Theory That Defendant's Specific Actions Were Inconsistent With The Object Of The Conspiracy
83.3.11.4 Withdrawal From Conspiracy: Sufficiency Of Showing
83.3.11.5 Conspiracy: Withdrawal As Defense Theory - Defendant Need Only Raise A Reasonable Doubt
83.3.11.6 Conspiracy: Withdrawal Before Commission Of Overt Act As Complete Defense
83.3.11.7 Conspiracy: Withdrawal As Defense To Substantive Offenses Committed By Others
83.3.11.8 Conspiracy: Withdrawal As Defense Based On Statute Of Limitations
83.3.11.9 Conspiracy: Joint Responsibility -- Withdrawal As Defense Theory
83.3.11.10 Conspiracy: Defense Theory That Overt Act Did Not Occur Within Statute Of Limitation
83.3.11.11 Conspiracy: Withdrawal As Defense Theory To Retroactive Imposition Of Sentencing Amendment
83.3.12 Agreement: Defense Theories
83.3.12.1 Conspiracy: Agreement Is The Actus Reus
83.3.12.2 Conspiracy: Defense Theory That There Was No Firm, Common, Understanding Sufficient To Constitute An Agreement
83.3.12.3 Conspiracy: Defense Theory That The Conspirators Did Not Agree To Commit The Same Offense
83.3.12.4 Conspiracy: Defense Theory That There Was No Agreement Because The Terms Were Still Being Negotiated
83.3.13 Coconspirator Issues
83.3.13.1 Conspiracy: Limiting Instruction That Subsequent Concealment By One Conspirator May Not Be Considered As To Other Coconspirators
83.3.13.2 Conspiracy: Decision Must Be As To Each Defendant
83.3.13.3 Conspiracy: Limiting Instruction When Coconspirator Statements Are Not Admissible Against All Codefendants
83.3.13.4 Limiting Instructions When Prosecution Elicits Coconspirator's Plea Or Conviction For Same Charge Alleged Against The Defendant
83.4 Conspiracy: Hearsay Statements Of Coconspirator
83.4.1 Conspiracy: Hearsay Statements Of Coconspirator: Links To Other Sources
83.4.1.1 Conspiracy: Cross References And Research Notes
83.4.1.2 Conspiracy: Federal Circuit Model Instructions And Notes
83.4.2 Admissibility Of Coconspirator Statements: Findings Required
83.4.2.1 Admissibility Of Coconspirator Statement: Trail Court May Take Into Consideration the Content of the Statement Itself
83.4.2.2 Admissibility Of Coconspirator Statements: Jury Should First Decide Whether Conspiracy Existed Then Whether Defendant Was A Member Of The C
83.4.2.3 Admissibility Of Coconspirator Statements: Statement Must Have Been Made By A Member Of The Conspiracy
83.4.2.4 Admissibility Of Coconspirator Statements: Person Making Statement Must Have Been A Member Of That Conspiracy
83.4.2.5 Admissibility Of Coconspirator Statements: The Statement Must Have Been Made In Furtherance Of That Conspiracy
83.4.2.6 Admissibility Of Coconspirator Statements: The Statement Must Have Been Made During The Course Of That Conspiracy
83.4.2.7 Admissibility Of Coconspirator Statements: Court Determines Admissibility Of Coconspirator's Statement
83.4.2.8 Hearsay Statements Of Coconspirator: Whether Court Or Jury Determines Admissibility
83.4.3 Hearsay Statements Of Coconspirator: Instructions
83.4.3.1 Conspiracy: Limiting Instruction When Coconspirator Statements Are Not Admissible Against All Codefendants
83.4.3.2 Conspiracy: Limiting Instruction That Subsequent Concealment By One Conspirator May Not Be Considered As To Other Coconspirators
83.4.3.3 Statements Made Before Or After Existence Of Conspiracy Limited To Person Making The Statements
83.4.3.4 Conspiracy: Defense Theory That Statements As To The Existence Of Conspiracy ("Spilling The Beans") Do Not Further The Conspiracy
83.5 Conspiracy: Additional Defenses And Defense Theories
83.5.1 Conspiracy: Additional Defenses And Defense Theories
83.6 Conspiracy: Lesser Offense
83.6.1 Conspiracy: Lesser Included Offense Of The Alleged Criminal Objective As Defense Theory
83.6.2 Lesser Included Offense As Object Of Conspiracy: Reasonable Doubt Must Be Resolved In Favor Of Lesser Offense
Chapter 84: Contempt, Obstruction Of Justice, Failure To Appear
84.1 Contempt
84.1.1 Contempt: Links To Other Sources
84.1.1.1 Contempt: Cross References And Research Notes
84.1.1.2 Contempt: Federal Circuit Model Instructions And Notes
84.1.2 Contempt: Miscellaneous Defense Theories
84.1.2.1 Contempt: Inability To Comply As Defense Theory
84.1.2.2 Contempt For Violation Of Court Order: Lack Of Knowledge Of The Court Order As A Defense Theory
84.1.2.3 Contempt For Violation Of Court Order: Defense Theory That Violation Was Not Willful
84.1.2.4 Contempt/Obstruction Of Justice For Refusal To Testify: Fear Of Reprisal As Defense Theory
84.1.2.5 Contempt/Obstruction Of Justice: Ethics Of Professional Responsibility Of Lawyer/Attorney As Defense Theory )
84.1.2.6 Contempt: Defense Theories Relating To Omission To Act
84.1.2.7 Contempt: Additional Defenses And Defense Theories
84.2 Failure To Appear
84.2.1 Failure To Appear: Links To Other Sources
84.2.1.1 Failure To Appear: Cross References And Research Notes
84.2.1.2 Failure To Appear: Federal Circuit Model Instructions And Notes
84.2.2 Failure To Appear: Miscellaneous Issues [Reserved]
84.2.3 Failure To Appear: Defenses And Defense Theories
84.2.3.1 Failure To Appear: Unconstitutional Presumption From Failure To Appear Within Certain Number Of Days
84.2.3.2 Failure To Appear: Defense Theory Of No Intent To Evade The Process Of The Court
84.2.3.3 Failure To Appear: Defense Theories Relating To Omission To Act
84.2.3.4 Failure To Appear: Additional Defenses And Defense Theories
Chapter 85: Criminal Street Gangs
85.1 Gang Crimes: Links To Other Sources
85.1.1 Criminal Street Gangs: Cross References And Research Notes
85.1.2 Criminal Street Gangs: Federal Circuit Model Instructions And Notes
85.2 Criminal Street Gangs: Miscellaneous Issues
85.2.1 Criminal Street Gangs: Predicate Offenses Must Be Proven Beyond A Reasonable Doubt
85.2.2 Criminal Street Gangs: Juror Unanimity As To Predicate Offenses
85.2.3 Criminal Street Gangs: Duty To Define "Actively Participated"
85.2.4 Gang Activity/Pattern of Activity
85.2.5 Gang Offense: Pattern Of Criminal Activity Must Occur Prior To The Charged Offense
85.2.6 Criminal Street Gangs: Expert's Testimony Must Be Based On Personal Knowledge Or Actual Evidence
85.2.7 Admissibility Of Gang Affiliation Evidence
85.2.8 Criminal Street Gangs: Briefing Available
85.2.9 Understanding "Gang" Offenses
85.3 Criminal Street Gangs: Defenses And Defense Theories
85.3.1 Criminal Street Gangs: Defense Theory That Predicate Offenses Must Be Gang Related
85.3.2 Criminal Street Gangs: Defense Theory That Conduct Was Not Felonious
85.3.3 Criminal Street Gangs: Lack Of Pattern Of Criminal Activity As Defense Theory
85.3.4 Gangs: Defense Theory That Homicide Is Not Necessarily A Foreseeable Risk Of Gang Activity
85.3.5 "Primary Activity" Of Gang: Defense Theory That Current Offenses Are Not Sufficient
85.3.6 Criminal Street Gangs: Defense Theory That Federal Constitution Requires Unanimity As To Predicate Offenses
85.3.7 Criminal Street Gangs: Additional Defenses And Defense Theories
85.3.8 Criminal Street Gangs Liability Based On Giving Advice: First Amendment Defense
85.3.9 Criminal Street Gangs: Gang Member Registration Law Unconstitutionally Vague
85.3.10 Gang Evidence Improper Where Future Dangerousness Not Raised
Chapter 86: Criminal Writings: Forgery, Bad Checks, Etc.
86.1 Forgery
86.1.1 Forgery: Links To Other Sources
86.1.1.1 Forgery: Cross References And Research Notes [Reserved]
86.1.1.2 Forgery: Federal Circuit Model Instructions And Notes
86.1.2 Forgery: Miscellaneous Issues
86.1.2.1 Uttering A Forged Check With Intent To Defraud
86.1.3 Forgery: Defenses And Defense Theories
86.1.3.1 Forgery: Requirement Of Intent To Defraud
86.1.3.2 Forgery: Defense Theory That Document Was Genuine Even If It Contained False Statements
86.1.3.3 Forgery: Defense Theory That Document Could Not Operate To Prejudice Another
86.1.3.4 Forgery: Additional Defenses And Defense Theories
86.2 Bad Checks
86.2.1 Bad Checks: Links To Other Sources
86.2.1.1 Bad Checks: Cross References And Research Notes
86.2.2 Bad Checks: Miscellaneous Issues
86.2.2.1 Bad Checks: Constitutional Challenge To Statutory Presumptions
86.2.2.2 Bad Checks: Post-Dated Check Requires Determination Of Intent On Date Goods Were Received
86.2.2.3 Bad Checks: Post-Dated Check Does Not Violate Statute That Requires Intent To Defraud When Check Is Written
86.2.3 Bad Checks: Defenses And Defense Theories
86.2.3.1 Bad Checks: Defense Theory That Payee Was Informed Of Insufficient Funds
86.2.3.2 Bad Checks: Defense Theory Of "Ongoing" Understanding Of Insufficient Funds
86.2.3.3 Bad Checks: Defense Theory That Payee Knew Or Had Reason To Believe There Were Insufficient Funds
86.2.3.4 Bad Checks: Mistake As Defense Theory
86.2.3.5 Bad Checks: Defense Theory That Defendant Acted Under Orders Of Superior Without Deriving Personal Benefit
86.2.3.6 Bad Checks: Additional Defenses And Defense Theories
Chapter 87: Destructive Devices
87.1 Destructive Devices: Links To Other Sources
87.1.1 Destructive Devices: Cross References And Research Notes [Reserved]
87.1.2 Destructive Devices: Federal Circuit Model Instructions And Notes
87.2 Destructive Devices: Miscellaneous Issues
87.2.1 Destructive Devices: Murder By Destructive Device
87.3 Destructive Devices: Defenses And Defense Theories
87.3.1 Destructive Device Offenses: Defense Theory That Device Did Not Have Capability For Destruction Of Life Or Property
87.3.2 Possession Of Destructive/Explosive Devices: Momentary Possession
87.3.3 Possession Of Destructive/Explosive Devices: Possession Issues And Defenses
87.3.4 Destructive Devices: Additional Defenses And Defense Theories
Chapter 88: Drugs, Controlled Substances
88.1 Drugs, Controlled Substances: General Issues And Defense Theories
88.1.1 Drugs, Controlled Substances: Controlled Substance: Defense Theory That Identity Of Controlled Substance Was Not Proven
88.1.2 Challenge To "Drug Involvement Profile" Evidence As Substantive Proof of Guilt
88.1.3 Defense Theory That Buyer-Seller Relationship Is Not A Drug Conspiracy
88.1.4 Drugs, Controlled Substances: Defense Of Entrapment
88.1.5 Drugs, Controlled Substances: Controlled Substances And Illegal Drugs: Defense Theory Of Ultimate User Doctrine
88.1.6 Drugs, Controlled Substances: Possession For Religious Use As Defense Theory
88.1.7 Unlawful Drug Prescription: Good Faith Practice Of Medicine As Defense Theory
88.1.8 Factors To Consider In Evaluating Analysis Of The Drug Or Substance
88.1.9 Challenging The Distinction Between Cocaine And Cocaine Base On Equal Protection And Former Jeopardy Grounds
88.1.10 Constitutional Challenge To Criminalization Of Loitering With Intent To Commit Drug Offense
88.2 Drugs, Controlled Substances: Medical Necessity As Defense Theory
88.2.1 Medical Necessity Defense To Marijuana Charges: Elements Of The Defense
88.2.2 Medical Necessity Defense To Marijuana Charges: Requirement That Alternative Legal Drug Is Not Available
88.2.3 Medical Necessity Defense To Marijuana Charges: Applies to Transportation
88.2.4 Medical Necessity Defense To Marijuana Charges As Mitigation At Sentencing
88.3 Drugs, Controlled Substances: Quantity Issues
88.3.1 Drugs, Controlled Substances: Miscellaneous Quantity Issues
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