Daniel Driver was walking down the street when he saw Carl car-owner park his car

in front of a bank. Carl went into the bank without locking the car and without
taking his car keys with him. Daniel decided to jump into the car "to take it for a test
drive." He drove off in the car, which the police located several hours later in a
nearby forest preserve parking lot. Daniel was identified as the person who took
the car based on a Facebook post he made saying "hey look at my new car!" With
what crime or crimes might Daniel be charged?

1. Unauthorized Use of Automobile

The first issue is whether Daniel could be charged with the misdemeanor of
unauthorized use of automobile.

Under Section 223.9 of the Model Penal Code, a person commits a misdemeanor if
he operates another's automobile without consent of the owner. The prosecution
can argue here that Carl leaving his keys in the car did not operate as consent for
Daniel to operate his car. Carl did not know that Daniel would be driving his car and
would not have consented to him doing so.

Daniel may argue that he reasonably believed that Carl would have consented to
his taking the car for a test drive had he known of it, which would be an affirmative
defense expressly recognized in MPC Section 223.9.

The court will likely find that Daniel operated Carl's car without Carl's consent, and
that no facts support Daniel's argument that Carl would have consented to having
Daniel drive his car had he known of it.

[Continue with analysis of other possible offenses]

THERE IS NOTHING IN THIS MESSAGE THAT I HAVEN'T ALREADY SAID IN CLASS.

DON'T FREAK OUT.

THIS IS STUFF YOU ALREADY KNOW.

The final exam for this course is in two parts.

Part One consists of 30 multiple-choice questions, each worth two points (for a total
of 60 points). Unless ortherwise suggested in the question itself, you should
assume that the relevant statute (if any) for the multiple-choice questions is the
Model Penal Code.

Part Two consists of two essay question

s, each worth 30 points (for a total of 60 points). Both essay questions present a
short fact pattern followed by these questions:

 What criminal charges can be brought against D?

 What elements of the crime or crimes would the prosecution need to prove?
 What probable defenses, if any, might D raise to those charges based on the facts presented?
 How will the court likely rule?

The essay answers are not limited to the Model Penal Code.

A good essay answer should thus look something like this:

1. [Insert name of first possible crime] 

 The first issue is whether D is guilty of [insert name of first possible crime]
 To prove D guilty of [first possible crime], the prosecutor must prove [insert elements of first possible
crime]. If not obvious, you should state here how the prosecution will prove the elements.
 D may argue [describe one or more probable defenses, if any, based on the facts].
 The court will likely find that D . . .
2. [Insert name of second possible crime]

(Repeat analysis)

If you only see one possible crime, you'll just have the analysis for that one crime. If
you see more than one possible crime, you'll have the analysis for each crime you
identify. In case it's not obvious to you, the format of your analysis will basically
follow IRAC.