Dennis and Vicky are married. They have a sexual fantasy involving a third person who would pretend to break into their house and would have sex with Vicky.
Dennis and Vicky are married. They have a sexual fantasy involving a third person who would pretend to break into their house and would have sex with Vicky. They talked about the idea with their friend Tom, and all agreed to the scenario but did not set a date. Tom was willing to go along with the plan but had an ulterior motive. Tom wanted to steal Dennis’s flash drive which contained sought after business information. One night Tom appeared outside of Dennis and Vicky’s house wearing a hoodie lifted over his head that partially covered his face. Tom slid open their bedroom window. As he was climbing in Vicky saw what was happening. Vicky became alarmed, drew a gun she kept in her nightstand, and shot Tom. The shot missed. Tom was undeterred. He entered the bedroom, swatted the gun out of Vicky’s hand, and pushed her onto the bed. He penetrated Vicky just as Dennis entered the room. Dennis shot at Tom but hit and killed Vicky instantly.
Discuss the crimes and defenses for Dennis, Vicky, and Tom under the Common Law and Model Penal Code.
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