Also known as: element of the offense · elements of an offense · elements of a crime · offense elements · crime elements
Written by attorneys · grounded in primary & secondary sources — see below
The constituent facts or circumstances that together constitute a crime and that the prosecution must prove beyond a reasonable doubt to obtain a conviction.
Esme Ellington is charged with theft after she logs into a client account and executes trades. The prosecution must show she acted purposely with respect to each material element, including lack of authorization and intent to deprive. Evidence that she used her own credentials and selected the account deliberately satisfies the required mental state for conviction.
Emanuel Escobar is tried for murder and claims extreme emotional disturbance. The state must still prove every element of murder beyond a reasonable doubt even though Escobar bears the burden on the defense. Failure to prove the elements results in acquittal regardless of the defense.
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Edward Everett faces an enhanced sentence after a jury finds he committed a hate crime. The enhancement fact must be treated as an element proved to the jury beyond a reasonable doubt rather than decided by the judge at sentencing.
Ella Emerson is prosecuted for drug possession after passengers are found with narcotics in her car. The jury cannot be instructed to presume her knowledge of the drugs from mere presence because that would improperly shift the burden on an element.
Eileen Epstein receives an increased sentence based on drug quantity found by the judge. The quantity must instead be submitted to the jury and proved as an element beyond a reasonable doubt before it can raise the statutory maximum.
Eduardo Enriquez is sentenced to death after a rape conviction. The aggravating circumstance elevating the crime to a capital offense must be proved as an element beyond a reasonable doubt rather than left to judicial discretion.
The prosecution must produce evidence of each element of the offense and convince the trier of fact of its existence beyond a reasonable doubt.
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Intoxication is not a defense unless it actually negatives a required mental state such as purpose or knowledge for a material element.
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Any fact that increases the penalty beyond the statutory maximum must be submitted to the jury and proved beyond a reasonable doubt as an element.
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Mandatory presumptions that shift the burden of proof on an element to the defendant violate due process.
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The defendant must be acquitted because the prosecution bears the burden on every element of the offense.
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…In Jones , we interpreted a federal carjacking statute to require that the facts increasing the penalty be treated as elements of the offense. We noted that treating the facts as sentencing factors would raise serious constitutional questions under the Due Process Clause. III The New Jersey procedure is unconstitutional.…