QUESTION 21

1. If someone steals jewelry while asleep, and pawns it when he/she finds it in his/her possession, the next day, ...the DA will find

		there is anactus reusat the momentthe theft was made to support an indictment,
		there was insufficient actus reus at the moment the theft was made to support an indictment
		the mens rea controls everything for an indictment

QUESTION 22

1. If a statute says:"anyone over the age of consent, having sex with a person, not their wife, who is under the age of consent, will be found guilty of rape",if Harry who is 25, has sexual intercourse with Sally who is 15, but shows Harry a phony ID saying she is 24, If Harry is prosecuted, he will be successful if he uses the defense of

QUESTION 23

1. Harry knowing he has AIDS makes a statement,"IfI die EverybodyDies". Harry waswarnedthat astatute provides it is felonious assault and batteryto intentionallyhave sex with someone while you have AIDS and not tell them.Forgetting about their ages for this question,If Harry has AIDS, has relations with Sally and doesn't tell Sally, he cansuccessfullyuse the defense:

		I did not have actual intent whatsoever to commit assault and battery I only wanted sex.
		I completely forgot I had AIDS
		neither

2 points

QUESTION 24

1. In the last question, if Harry is prosecuted, the DA must prove:

		ActusReus
		Mens Rea
		Both

QUESTION 25

1. If Harry plans very hard to get rid of Sally, by shooting her, but does nothing more than plan, he cannot be prosecuted because of no

		Concurrence
		ActusReus
		Mens Rea

2 points

QUESTION 26

1. If Harry tries to shoot Sally, but misses her and kills a stranger he can be prosecuted because of his

		General Intent
		Specific Intent
		Transferred Intent

QUESTION 27

1. If a statute says: "It is illegal to sell liquor to someone under the age of 21 years",but a liquor store clerk sells booze to Sally relying on her phony ID, the DA must prove

		Mens Rea only
		ActusReus only
		neither

2 points

QUESTION 28

1. An ambiguous statute will be declared

		unconstitutional
		Constitutional
		neither