CSC with a minor 1st Degree – sexual battery and the victim is under the age of 11 (doesn’t include 11) or if the victim is not under the age of 11 but is under the age of 16 and the actor is already on the sex offender registry. No intent requirement.CSC with a minor 2nd Degree – sexual battery and the victim is aged 11-14 (includes 14) and the actor is older than the victim, or is a family custodian or is an official in some kind of authority to convince the victim to submit. No intent requirement.Exception – it is not CSC with a minor in 2nd degree if the actor is 18 o less and has consensual sex with a person who is at least 14.Victim consent is no defense, the actor might not even know that she is underage; however, it doesn’t mater if she lied, or he genuinely thought she was of age.Privilege= is a rule of evidence that allows the holder of the privilege to refuse to provide evidence about a certain subject or to bar such evidence from being disclosed or used in a judicial or other proceeding.OffenseMarijuanaCocaineLSDCrackPossession0-30 days0-3 years0-2 years0-3 yearsPWID0-5 years0-15 years0-15 years0-15 yearsPWID ProximityPark/Playground School through College (within 1 mile)0-10 years0-10 years0-10 years0-10 yearsCRJU 314 1st Edition Final Exam Study Guide Common Law= ancient English case law. South Carolina adopted the common law, as it existed in 1712. Have made some changes but not many. Elements of a Crime – there has to be a guilty act – Actus Reus- Crime of Commission – the actual act of the crime- Crime of Omission – the legal or moral duty to act but you don’t. - Mens Rea – some kind of malicious/evil intent. A guilty mind. There are different levels of mens rea: (easier to prove lower levels of mens rea)o Intentional– you intended to do something unlawful or you intended to do something lawful in an unlawful wayo Knowingly – you knew what you were doing (doesn’t mean it was intentional)o Recklessly/Negligently– reckless disregard for the safety of others Result = some crimes require a result. If the crime requires a result, then the prosecution will have to prove the result and causation. If you don’t get that result, then you don’t have that crime (might have another crime). Example: in order to have a murder case, you have to have the result that somebody died and then you have to prove that the defendant’s bad act caused that person to die. Causation = the defendant’s acts caused that result. Have to prove what actually caused the result and was it the person being charged. Necessity Defense = defendant is responding to circumstances and had to commit a crime in order to avoid committing another crime or bad act. Elements:1. Has to be an emergency (not caused by the defendant) 2. Reasonable fear of serious harm if the criminal act is not done3. Must be no reasonable alternative to avoid that harm other than committing that crime4. Necessity is an affirmative defense5. Necessity is caused by circumstance Example: 3 guys stranded in the ocean and decide to kill and eat one of them to survive – claimed it was a necessity. They were sentenced to death but the Queen pardoned them.Duress = the defendant is responding to a person and had to commit a crime to avoid another crime or bad act Elements:1. Not a defense for killing2. Eminent threat of serious bodily harm3. That threat must be caused by someone else 4. Must be no reasonable alternative to avoid that harm other than committing that crime Example: someone saying they’re going to kill you unless you help them burry a body Defense of others = sometimes other people get in altercations and other people come to their defense.If the person that you’re defending had the right to self defend, then anyone that comes to their aid also has the right to defend them. Elements:1. Retreat rule, withdraw, and reasonable force rule Self Defense = use of force to prevent attacks on yourself when the government agents are not there do to it for you.Elements:1. Cannot use this against a future or past (to retaliate) attack2. The self defender who is not the aggressor may use a reasonable amount of force against his adversary if he is in immediate danger (not mere threat or insults) of unlawful bodily harm and the use of force must be necessary to avoid that danger3. Excessive force is prohibited – can only use the amount of force you reasonably believe is necessary to repel the attack (non-deadly to non-deadly/ deadly to deadly)4. Response of force has to be proportionate to the facts of the case5. Retreat Rule – if possible, you must retreat before resorting to deadly force unless you’re at home or on your own land, or if you’re at your own business or a guest in someone else’s house or if you’re at a club where you’re a member or if to retreat would be more dangerous than responding to deadly force6. If you’re responding with non-deadly force, you’re not required to retreat. Police officers never have a duty to retreat regardless if they use deadly force. 7. General Rule – cannot be the original aggressor and still claim self defense unless you walk up to somebody and shove them, and they respond with non-proportionate force (deadly) you can claim self defense 8. If you started the fight, you can’t claim self-defense unless you’ve withdrawn from the fight in good faith and let the other side know in good faith and then that personcomes at you again, then you can use self-defense. Affirmative Defense = to a civil lawsuit or criminal charge is a fact or set of facts other than those allegedby the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant’s otherwise unlawful conduct. Insanity Statute = at the time of the commission of the act constituting the offense, the defendant, as a result of mental disease or defect, lacked the capacity to distinguish moral or legal right from wrong or torecognize the particular act charged as morally or legally wrongInsanity Defense = a defect or weakness of the mind that releases a person from criminal responsibility because that defect of the mind may vitiate mens rea. Elements:1. Relates to the defendant’s state of mind at the time of the incident 2. Verdicts include: guilty, not guilty, not guilty by reason of insanity, or guilty but mentally ill3. Standards determine if someone is actually insane4. M’Naghten Rule – common