MPC Question - Conduct, Circumstances, Result

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UndecidedMN
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Joined: Mon Jul 30, 2012 10:05 pm

MPC Question - Conduct, Circumstances, Result

Postby UndecidedMN » Fri May 03, 2013 5:58 pm

Hi,

I am having a tough time just keeping it straight in my head what circumstances mean in the MPC. In other words, I know figuratively that circumstances are everything that are not conduct or result elements. But can you give me an actually example of what a circumstance is in the MPC and what it means?

Thanks

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nevdash
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Re: MPC Question - Conduct, Circumstances, Result

Postby nevdash » Sat May 04, 2013 3:13 pm

In a statutory rape case, the age of the victim is a circumstance element. In a larceny case, the fact that the property did not belong to you is a circumstance element.

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UVAIce
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Re: MPC Question - Conduct, Circumstances, Result

Postby UVAIce » Sat May 04, 2013 5:50 pm

Or think about how something like burglary normally has to be done at night. Another circumstance element would be something like going into an inhabited building, etc. Although, even with these things there can be some mens rea questions (what if it was reasonable for him to believe that the building was uninhabited, etc.).




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