Most crimes require both an act and a guilty state of mind. The guilty state of mind refers to committing the act knowingly, intentionally, or willfully. A few crimes are strict liability offenses that do not require a guilty state of mind, but the act itself constitutes a crime. Every crime is defined by its elements, which must be proven to convict someone. Crimes can also be considered civil wrongs where the victim can sue for damages in addition to criminal charges. Crimes exist at both the state and federal level.

2.  I. Almost (but not all) all crimes require an act
and a guilty state of mind
 A. Guilty state of mind- the act was done
knowingly, intentionally, or willfully
 Ex. Burning someone’s property down on
purpose is arson, but accidentally starting a
fire because a candle was burning is an
accident (no intent)

3.  B. State of mind is different than motive
 Motive- The reason for committing the act
(the criminals motivation for committing
the crime)

4.  C. A few crimes are strict liability offenses
 These acts do not require a guilty state of
mind, but the act itself is a crime
 Ex. It is illegal to sell alcohol to minors, but a
sales person can be held responsible even if
they didn’t know they were underage
 Theses crimes usually do not carry heavy
penalties

5.  D. Every crime is defined by elements, which
must be proven to convict an offender
 Elements- the requirements for an act to be
considered a crime
 Ex. The elements of robbery:
 1. The taking of goods or money
 2. Physically taking something
 3. Using force and/or intimidation

6.  Ex. If you were at work and a person
broke into your house and took your
valuables, you were burglarized, not
robbed

7.  E. A crime can also be considered a civil
wrong (tort)
 The person who was wronged may also sue
the person to recover damages (in addition
to charges)

8.  F. State and Federal crimes
 Some crime exists at the state and federal
level
 State- disorderly conduct, shoplifting, DUI
(unless on federal property)
 Federal- tax evasion, mail fraud, espionage

9.  Classes of crimes:
 1. Felony- Potential prison time for more
than one year
 2. Misdemeanor- Less serious crime,
potential prison time is less than one year
 3. Minor violations are not considered
felonies or misdemeanors, but can still be
punished by the law