The Code defines the various culpability terms and provides rules for interpreting the mens rea elements of criminal statutes.

Section 2.02 of the Code defines the various culpability terms and provides rules for interpreting the mens rea elements of criminal statutes.  Sometimes, Section 2.03 will need to be considered, as well.  Section 2.03(1) deals with causation, which we have addressed. For now, notice that Subsections (2)a and (3)a need to be consulted if a result in a criminal case varies in some way from that which the actor desired, contemplate or risked.

Reconsider Keeler v. Superior Court, pg. 95 in our book, in which Keeler stomped on his pregnant estranged wife’s abdomen in order to kill her fetus, which he did.  Suppose, however, Keeler’s wife gave birth to the fetus, which miraculously survived the attack, but his wife died.  Assume that the prosecutor wants to charge Keeler with the “purposeful murder of his wife” under the Model Penal Code section 210.2(1)(a).  (Start to familiarize yourself with all the Code’s criminal homicide provisions, beginning on page 1039).

Did Keeler “purposely” kill his wife?

What statutes do you consult to answer this question.  Show and Cite your work.

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