Bar: Criminal Law & Procedure for the
Bar Exam and All Actual Answers
2025-2026 Updated.
Jurisdiction (criminal law) - Answer A. A state acquires jurisdiction over a crime if either the
conduct or the result happened in that state
Merger and inchoate offenses - Answer A. Only applies to solicitation and attempt. Thus, if
you have completed a crime, you cannot be convicted of attempting to commit that crime.
1) Prevents D from being convicted of both solicitation/attempt and the target offense.
>>e.g., D completes a burglary after attempting it; D cannot be convicted of both attempt
(inchoate) and burglary
B. Exception: Does not apply to conspiracy. Thus, you can be convicted of conspiring to do
something and doing it.
merger and lesser included defenses - Answer A. D cannot be convicted of a target crime and
a lesser included offense
1) lesser included offense: consists of same but not all elements of the greater crime
>>e.g., D robs V, but during the robbery D's accomplice kills V; D can be convicted of felony
murder but not the lesser included robbery offense
B. Note: also barred by double jeopardy
Elements of Crimes Generally - Answer (1) Act (actus reus)
(2) Mental State (mens rea)
(3) Concurrence: the physical act and the mental act existed at the same time
(4) Harmful result and causation: A harmful result caused by the D's act
Actus Reus - Answer A. Act required to commit a given crime. A required component of
every common law crime, along with mens rea.
,B. Requirement: A voluntary physical Act.
C. Examples of physical movements that do not qualify for criminal liability:
1) conduct which is not the product of your own volition
>>a reflexive or convulsive act (e.g., seizure, pushed into someone)
2) An act performed while you were unconscious or asleep (e.g., sleepwalking)
Omission as an Act - Answer A. failure to act gives rise to liability ONLY IF
1. there is a legal duty to act
2. the defendant has knowledge of the facts giving rise to the duty to act
3. it is reasonably possible to perform the duty
5 circumstances giving rise to a legal duty to act: - Answer 1. By statute
>>file your tax returns
2. By contract (employment K)
>>a lifeguard or nurse on duty
3. Because of the relationship between the parties
>>a parent's duty to protect children, or a spouse's duty to protect the other spouse
4. Because you voluntarily assume a duty of care and fail to adequately perform it
>>rescue someone but are negligent
5. Where you created the peril
Mens Rea: 4 kinds - Answer A. The mental element required at the time a crime was
committed. A required component of every common law crime, along with actus reus. 3 kinds:
1. Specific intent: D must have a specific intent or objective to commit the given crime
>>specific intent must always be proven; never inferred
>>mistake of fact and voluntary intoxication are available defense
2. General intent: D must be aware of his actions and any attended circumstances
>>may be inferred from the act itself
>>note: most crimes are general intent crime
,3. Malice: D acts with reckless disregard or undertakes an obvious risk, from which a harmful
result is expected
>>applies to arson and common law murder
4. Strict liability: no intent or awareness is required for SL crimes
>>arises with statutory rape, administrative, regulatory, or morality crimes
Specific Intent Crimes: Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts -
Answer (1) Solicitation (inchoate),
(2) Conspiracy (inchoate),
(3) Attempt (inchoate),
(4) First Degree Murder,
(5) Assault,
(6) Larceny,
(7) Embezzlement,
(8) False Pretenses,
(9) Robbery,
(10) Burglary,
(11) Forgery
Malice Crimes - Answer (1) common law murder (malice aforethought)
(2) arson
General Intent Crimes - Answer A. General intent means that the D has a general awareness
that they are acting in a manner that would be prohibited by law [intent presumed/inferred
because of act]
(1) battery
(2) rape
(3) kidnapping
(4) false imprisonment
Strict Liability Crimes - Answer A. actions that are considered criminal without the need for
criminal intent
, B. If the crime is int the administrative, regulatory, or morality area and you don't see any
adverbs in the statute such as knowingly, willfully, or intentionally, then the statute is meant to
be a non intent crime of strict liability
C. the importance on the bar is that any defense that negates intention cannot be a defense to
the no intent crimes of strict liability
e.g.:
1) statutory rape
2) regulatory crimes
3) administrative crimes
4) morality crimes (e.g., bigamy, polygamy)
Transferred Intent Doctrine (Criminal Law) - Answer A. D may be held liable if he intends the
harm caused, but causes it to a different victim or object than intended
B. Often applies to homicide, battery, and arson
>>does not apply to attempt
C. Defenses and mitigating circumstances may also be transferred
D. Effect: D is usually charged with two crimes:
1) attempt (to commit the originally intended crime); and
2) the actual resulting crime
>>e.g., D intends to shoot A, but kills B, D can be charged with the attempted murder of A and
the actual murder of B
>>merger does not apply because there are different victims
Model Penal Code Mens Rea Standards b/c MBE q's occasionally invoke language from MPC's
fault standards - Answer A. MBE generally tests common law, unless otherwise instructed.
Though the MBE usually tells you which law is applicable
1. Purposefully (subjective)
a) a person acts purposefully when his conscious objective is to engage in certain conduct or
cause a certain result
Bar Exam and All Actual Answers
2025-2026 Updated.
Jurisdiction (criminal law) - Answer A. A state acquires jurisdiction over a crime if either the
conduct or the result happened in that state
Merger and inchoate offenses - Answer A. Only applies to solicitation and attempt. Thus, if
you have completed a crime, you cannot be convicted of attempting to commit that crime.
1) Prevents D from being convicted of both solicitation/attempt and the target offense.
>>e.g., D completes a burglary after attempting it; D cannot be convicted of both attempt
(inchoate) and burglary
B. Exception: Does not apply to conspiracy. Thus, you can be convicted of conspiring to do
something and doing it.
merger and lesser included defenses - Answer A. D cannot be convicted of a target crime and
a lesser included offense
1) lesser included offense: consists of same but not all elements of the greater crime
>>e.g., D robs V, but during the robbery D's accomplice kills V; D can be convicted of felony
murder but not the lesser included robbery offense
B. Note: also barred by double jeopardy
Elements of Crimes Generally - Answer (1) Act (actus reus)
(2) Mental State (mens rea)
(3) Concurrence: the physical act and the mental act existed at the same time
(4) Harmful result and causation: A harmful result caused by the D's act
Actus Reus - Answer A. Act required to commit a given crime. A required component of
every common law crime, along with mens rea.
,B. Requirement: A voluntary physical Act.
C. Examples of physical movements that do not qualify for criminal liability:
1) conduct which is not the product of your own volition
>>a reflexive or convulsive act (e.g., seizure, pushed into someone)
2) An act performed while you were unconscious or asleep (e.g., sleepwalking)
Omission as an Act - Answer A. failure to act gives rise to liability ONLY IF
1. there is a legal duty to act
2. the defendant has knowledge of the facts giving rise to the duty to act
3. it is reasonably possible to perform the duty
5 circumstances giving rise to a legal duty to act: - Answer 1. By statute
>>file your tax returns
2. By contract (employment K)
>>a lifeguard or nurse on duty
3. Because of the relationship between the parties
>>a parent's duty to protect children, or a spouse's duty to protect the other spouse
4. Because you voluntarily assume a duty of care and fail to adequately perform it
>>rescue someone but are negligent
5. Where you created the peril
Mens Rea: 4 kinds - Answer A. The mental element required at the time a crime was
committed. A required component of every common law crime, along with actus reus. 3 kinds:
1. Specific intent: D must have a specific intent or objective to commit the given crime
>>specific intent must always be proven; never inferred
>>mistake of fact and voluntary intoxication are available defense
2. General intent: D must be aware of his actions and any attended circumstances
>>may be inferred from the act itself
>>note: most crimes are general intent crime
,3. Malice: D acts with reckless disregard or undertakes an obvious risk, from which a harmful
result is expected
>>applies to arson and common law murder
4. Strict liability: no intent or awareness is required for SL crimes
>>arises with statutory rape, administrative, regulatory, or morality crimes
Specific Intent Crimes: Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts -
Answer (1) Solicitation (inchoate),
(2) Conspiracy (inchoate),
(3) Attempt (inchoate),
(4) First Degree Murder,
(5) Assault,
(6) Larceny,
(7) Embezzlement,
(8) False Pretenses,
(9) Robbery,
(10) Burglary,
(11) Forgery
Malice Crimes - Answer (1) common law murder (malice aforethought)
(2) arson
General Intent Crimes - Answer A. General intent means that the D has a general awareness
that they are acting in a manner that would be prohibited by law [intent presumed/inferred
because of act]
(1) battery
(2) rape
(3) kidnapping
(4) false imprisonment
Strict Liability Crimes - Answer A. actions that are considered criminal without the need for
criminal intent
, B. If the crime is int the administrative, regulatory, or morality area and you don't see any
adverbs in the statute such as knowingly, willfully, or intentionally, then the statute is meant to
be a non intent crime of strict liability
C. the importance on the bar is that any defense that negates intention cannot be a defense to
the no intent crimes of strict liability
e.g.:
1) statutory rape
2) regulatory crimes
3) administrative crimes
4) morality crimes (e.g., bigamy, polygamy)
Transferred Intent Doctrine (Criminal Law) - Answer A. D may be held liable if he intends the
harm caused, but causes it to a different victim or object than intended
B. Often applies to homicide, battery, and arson
>>does not apply to attempt
C. Defenses and mitigating circumstances may also be transferred
D. Effect: D is usually charged with two crimes:
1) attempt (to commit the originally intended crime); and
2) the actual resulting crime
>>e.g., D intends to shoot A, but kills B, D can be charged with the attempted murder of A and
the actual murder of B
>>merger does not apply because there are different victims
Model Penal Code Mens Rea Standards b/c MBE q's occasionally invoke language from MPC's
fault standards - Answer A. MBE generally tests common law, unless otherwise instructed.
Though the MBE usually tells you which law is applicable
1. Purposefully (subjective)
a) a person acts purposefully when his conscious objective is to engage in certain conduct or
cause a certain result
