Rule of Law:

Conspiracy

• Elements of the offense. A person commits the offense of conspiracy when, with intent that an offense be committed, he or she agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit an offense unless an act in furtherance of that agreement is alleged and proved to have been committed by him or her or by a co-conspirator

720 Ill. Comp. Stat 5/8-2 (2024).

Facts:

Angie and Elaine both work as tellers at Saluki Bank in Carbondale, Illinois. Angie has worked for Saluki Bank for 12 years and enjoys her job. However, it does no pay much, so she struggles to pay her bills most months. Elaine has been working for Saluki Bank for a year and she is extremely frustrated that she did not receive a raise after her yearly performance review.

While work was slow one day, Angie and Elaine discussed their displeasure with their wages and management's unwillingness to give them a higher hourly wage even though the cost of living keeps going up. Angie was especially frustrated that day because she just found out that her daughter needs braces, which are very expensive. During their conversation, Elaine laughed "I think we should empty these cash drawers one night during close." Angie nodded her head and returned her attention to the bank drive-thru, where a customer had just pulled up.

A few days later, Elaine and Angie were on the closing shift together. "Remember what I said the other day about emptying the drawers?" Elaine asked. "Well, I called my cousin, Titus, and he is down to help us. We want to fake a robbery and split the money. If you're in, I'll text him right now. He's waiting around the corner." Angie froze but managed to spit out a quiet "Okay."

Elaine texted Titus, who walked in two minutes before close. He threw bags at Angie and Elaine and demanded that they put all the cash in drawers into them. As Angie reluctantly began putting money into the bag, Titus pulled out a gun and pointed it at her, telling her to move faster. Angie freaked out, dropped the bag, and said "I don't want this anymore, this is too far!" She ran out of the bank, got in her car, and called the police as she drove home telling them the whole story.

Thanks to Angie's phone call, the police arrested Elaine and Titus. But Angie was arrested too under the Illinois conspiracy statute. Angie is now your client. She wants to know if she can be convicted of the crime.

Problem # 2

Rules of Law:

A person is guilty of criminal possession of a weapon in the third degree when: (4) he possesses any loaded firearm. A firearm does not include an antique firearm. N.Y. Penal Law 265.02(4), 265.00(3)(f) (McKinney 2006).

An antique firearm is anyunloadedmuzzle loading pistol or revolver with a matchlock, flintlock, percussion cap, or similar type of ignition system. N.Y. Penal Law 265.00(14) (McKinney 2006).

Your client is Norman Yurchenko. Mr. Yurchenko is an accountant in New York City, but his true passion is reenacting battles from the American Revolution. Mr. Yurchenko on the way to a re-enactment when he was stopped on a subway platform at Broadway and 96th Street by a transit police officer. The officer first noticed Mr. Yurchenko because he was in a full colonial-era outfit. But then he noticed the replica muzzle loading flintlock pistol in a holster on Mr. Yurchenko's chest.

The officer searched Mr. Yurchenko and found that in the barrel of the pistol was one ball of ammunition with a rag obstructing its discharge. The officer arrested Mr. Yurchenko for possessing a loaded weapon. Mr. Yurchenko was searched after his arrest and officers discovered a bag of black gunpower and additional balls of ammunition in a pouch around his waist.

The ballistics team at the New York City Police Department determined that the weapon could not have been fired exactly as Mr. Yurchenko had carried it. To discharge the weapon, first the rag and ball would have to be removed from the barrel, then gunpowder put in the chamber, then the ball of ammunition would have to be loaded into the barrel, and finally the percussion cap would need to be put in place. The ballistics team did determine that the weapon was operational if properly loaded. Mr. Yurchenko would like to know if he will be found guilty of criminal possession of a weapon in the third degree.

please identify the following:

1. Rules of law
   1. Factors or elements test
   2. Result
   3. Exceptions /affirmative defenses, if any
2. Pertinent facts and match them to each element or factor
3. Any additional information needed?
4. Conclusion