Crucial Exams

Multistate Bar Examination Practice Question

A statute makes it a crime to 'knowingly cause damage to the property of another.' A woman is locked out of her car and sees her spare key on the passenger seat. To retrieve the key, she picks up a large rock and smashes the passenger side window. While her goal is to get her key, not to destroy the window, she is aware that throwing the rock at the window is practically certain to shatter it. Does the woman have the mental state required for a conviction under the statute?

  • Yes, because she was aware that her action was practically certain to cause the damage.

  • Yes, because her act of throwing the rock was reckless, and recklessness is sufficient to establish the required mental state.

  • No, because her specific intent was to retrieve her key, not to damage the window.

  • No, because she was acting under a claim of necessity to retrieve her own property.

Multistate Bar Examination
Criminal Law and Procedure
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