I. NATURE OF CRIMINAL LAW
A. [§1] In General.
B. [§2] Commentary.
C. [§3] Scope of Treatment.
D. [§4] Nature of Crime.
E. [§5] Criminal, Civil, and Quasi-Criminal Proceedings.
F. [§6] Contempt.
G. [§7] No Common Law Crimes.
II. CRIMINAL STATUTES
A. [§8] In General.
B. [§9] Uniform and Model Acts and Codes.
C. Ex Post Facto Law.
1. [§10] Nature of Protection.
2. [§11] Illustrations of Ex Post Facto Laws.
3. [§12] Valid Changes in Evidence and Procedure.
4. [§13] Ameliorative Changes.
5. [§14] Recidivist Statutes.
6. [§15] Other Valid Statutes.
7. [§16] Distinction: Retroactive Judicial Decision.
D. Interpretation.
1. [§17] Rule of Strict Construction Abolished.
2. Legislative Purpose Controls.
(a) [§18] General Principle.
(b) [§19] Illustrations.
3. Words of Statute.
(a) [§20] Departure From Literal Meaning.
(b) [§21] Literal Meaning Applied.
4. [§22] Rule of Ejusdem Generis.
5. [§23] Rule of Expressio Unius Est Exclusio Alterius.
6. Construction Favorable to Defendant.
(a) [§24] General Rule.
(b) [§25] Exceptions.
7. [§26] Statute Considered as a Whole.
8. [§27] Construction Favoring Validity.
9. [§28] Title of Law.
10. [§29] Legislative History.
11. [§30] Amendment or Reenactment.
12. [§31] Particular Terms.
13. [§32] Other Rules.
E. Prospective Application.
1. [§33] General Rule.
2. Amendment Changing Procedure or Punishment.
(a) [§34] In General.
(b) [§35] Less Severe Punishment.
(c) [§36] Penalty Enhancement.
(d) [§37] Elimination of Criminal Sanctions.
(e) [§38] Amendment During Probation.
(f) [§39] Amendment After Final Judgment.
F. Constitutional Requirement of Certainty.
1. [§40] Doctrine and Theory.
2. Invalid Statutes.
(a) [§41] Federal Decisions.
(b) [§42]
3. Valid Statutes.
(a) [§43] Common Law Meaning.
(b) [§44] Meaning Known to Class.
(c) [§45] Meaning Ascertainable From Special Sources.
(d) [§46] Meaning Ascertainable From Case Law.
(e) [§47] Meaning Defined by Court.
(f) Words Understood by Ordinary Person.
(1) [§48] In General.
(2) [§49] Cases Applying the Rule.
(g) [§50] Differences Between Statutory and Dictionary Usage.
(h) [§51] Statute Requiring Specific Intent.
G. Conflicting and Duplicating Statutes.
1. Municipal Ordinance and State Law.
(a) [§52] In General: Direct Conflict.
(b)
(1) [§53] Nature of Rule.
(2) [§54] Test of Preemption.
(3) [§55] Illustrations: Ordinances Held Invalid.
(c) Where No Conflict or Preemption.
(1) [§56] Local Regulation Allowed.
(2) [§57] Illustrations: Ordinance Held Valid.
(d) [§58] Legislative Authorization of Local Regulation.
2. Duplicating State Laws.
(a) [§59] General Principles.
(b) [§60] Illustrations: Special Statute Controlling.
(c) [§61] Illustrations: Special Statute Not Controlling.
3. State and Federal Laws.
(a) [§62] General Principles.
(b) [§63] Retroactive Effect of Federal Statute.
(c) [§64]
(d) [§65] Valid State Statutes.
H. Repeal and Amendment.
1. Repeal and Saving Clause.
(a) [§66] Statutory Saving Clause.
(b) [§67] Repeal of Repealing Statute.
(c) [§68] Distinction: Reenactment.
2. [§69] Amendment.
III. CLASSIFICATION OF CRIMES
A. [§70] In General.
B. [§71] Where Statute Is Not Express.
C. Felony-Misdemeanor.
1. [§72] Test.
2. [§73] Where Court Fails To Enter Judgment.
D. [§74] Misdemeanor-Infraction.
E. Importance of Distinction.
1. [§75] Felony or Misdemeanor.
2. [§76] Misdemeanor or Infraction.
IV. PARTIES TO CRIME
A. Principals and Accessories.
1. [§77] Principals.
2. Aiding and Abetting.
(a) In General.
(1) [§78] What Constitutes Aiding and Abetting.
(2) [§79] Presence.
(3) [§80] Conspiracy and Acting in Concert Distinguished.
(4) [§81] Illustrations.
(b) Liability for Reasonably Foreseeable Offenses.
(1) [§82] Nature of Analysis.
(2) [§83] Foreseeability Depends on Circumstances.
(3) [§84] Instructions.
(c) Legal Disability.
(1) [§85] Where Perpetrator Is Under Legal Disability.
(2) [§86] Where Abettor Is Under Legal Disability.
(d) Intent.
(1) [§87] Requirement.
(2) [§88] Nature of Intent.
(3) [§89] Illustrations.
3. Accessories.
(a) [§90] Definition.
(b) [§91] Distinguished From Principals.
B. Crime Committed by Agent.
1. Liability of Principal.
(a) [§92] Principal Acting Through Agent.
(b) [§93] Principal Not Liable in Absence of Intent.
(c) [§94] Principal Liable Where Intent Unnecessary.
2. Liability of Agent.
(a) [§95] General Rule of Liability.
(b) [§96] Nonparticipating Corporate Officer.
V. REFORM OF CRIMINAL LAW
A. [§97] Agencies and Projects of Reform.
B. [§98] Attitudes Toward Criminal Justice.
C. Compensation of Private Citizens.
1. [§99] Victims of Crime.
2. [§100] Other Persons.
D. [§101] Compensation of Persons Erroneously Convicted.
E. Proposition 8 (Victims' Bill of Rights).
1. [§102] Constitutional Provisions and Statutes.
2. [§103] Declaration of Intent.
3. [§104] Constitutional Challenges Rejected.
4. [§105] Proposition 8 Not Retroactive.
F. Proposition 115 (Crime Victims Justice Reform Act).
1. [§106] Constitutional Provisions and Statutes.
2. [§107] Declaration of Intent.
3. [§108] Construction of Rights Under
4. [§109] Constitutional Challenges.
5. [§110] Application to Pending Cases.
G. Rights of Victims and Witnesses.
1. [§111] In General.
2. [§112] Sex Crimes.
3. Mandatory AIDS Testing.
(a) [§113] Proposition 96.
(b) [§114] Other Statutes.
H. [§115] Proposition 184 (Three Strikes).
VI. WHITE COLLAR CRIME AND REGULATORY OFFENSES
A. [§117] In General.
B. [§118] Investigatory and Procedural Issues.
C. [§119] Enhancement and Punishment Issues.
D. [§120] Business Offenses.
E. [§121] Employment Offenses.
F. [§122] Environmental, Health, and Safety Offenses.
G. [§123] Financial, Securities, and Tax Offenses.
H. [§124] Fraud and Related Offenses.
J. [§126] Real Property Offenses.
K. [§127] Technology and Telecommunications Offenses.
L. [§128] Federal Statutes.