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Exercise: Grading by Elements
For class, please write statutes of your own creation by focusing on the element that makes the conduct criminal. That is, imagine conduct that is lawful, and then add an element that makes it criminal. In addition, please take a statute that is already criminal and add an element, or consider an existing element, that can be used to grade that crime. The element can be a result element or an attendant circumstance. For example, the element used to grade the crime can relate to the location where the crime occurs, the type of victim, the nature or weight of the drug, or any other result or circumstance.
Please try to write three statutes. They need not be fancy, just clear. You can use the earlier exercise on elements, § 1.4, as motivation.
Bonus: You may also try to write a more whimsical statute criminalizing something that you find annoying. For example, it shall be a misdemeanor to talk to someone before they have had their morning coffee. In this example, you can see we have lawful conduct made unlawful by the added attendant circumstance element.
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