Specific intent requires not only doing an unlawful act, but the doing of it with a subjective intent or objective . Specific intent may be indicated by the use of such words as intentionally, knowingly, purposely, or willfully.
What is specific criminal intent?
Specific intent crimes typically require that the defendant intentionally commit an act and intend to cause a particular result when committing that act .
What is specific intent?
Specific intent is sometimes referred to as “ulterior intent”. “Ulterior intent” is described as the “ state of mind contemplating consequences beyond those defined in the actus reus” . ... Proof of specific intent requires a “state of mind contemplating consequences beyond those defined in the actus reus”.
What is general intent and specific intent?
Crimes with general intent involve knowingly committing a criminal act . Specific intent crimes involve knowingly committing the criminal act as well as an intent to cause a particular result by committing the act.
What is the difference between a general intent and specific intent crime?
The difference between a general and specific intent is whether the defendant committeed the actus reus and intended to achieve a specific outcome . Proving that a crime is general intent won’t require the prosecutor to show that the defendant had any specific outcome in mind, whereas a specific crime will.
What is an example of specific intent?
A common example of a specific intent crime is first degree murder . A defendant is only guilty of this offense if he actually intended to cause someone’s death. ... The D.A. must prove that the accused did so, but also performed an act with the specific intent to kill the victim.
How do you prove specific intent?
To prove specific intent is the same as proving purposeful criminal intent in that it must be demonstrated that the defendant not only intended to commit a guilty act but also intended the consequences of the act . An act undertaken with specific intent requires an intent to achieve a specific result.
What are the 3 types of intent?
Three types of criminal intent exist: (1) general intent, which is presumed from the act of commission (such as speeding); (2) specific intent, which requires preplanning and presdisposition (such as burglary); and (3) constructive intent , the unintentional results of an act (such as a pedestrian death resulting from ...
Is intent a crime?
In California, most crimes require a general intent . ... Even good intentions can be criminal intent because they show that you intended to commit the prohibited act. Specific Intent. Some crimes require a specific intent or mental state.
Can you commit a crime without intent?
An Act Committed Without Mens Rea Cannot Properly Be Called A Crime. ... There are three main subsections of mens rea, these being intention, recklessness and negligence. Intention being by the far the worst as it is worse to kill someone intentionally than recklessness or negligently.
What are the 2 aspects of specific intent?
To make it simple, a specific intent crime involves two levels of intent. In order for an individual to commit a specific intent crime, she or he must: (1) have a desire to commit an intentional unlawful act; and, (2) intend for that unlawful act to achieve a specific result.
What is an example of transferred intent?
For example, if a murderer intends to kill John, but accidentally kills George instead , the intent is transferred from John to George, and the killer is held to have had criminal intent. Transferred intent also applies to tort law.
What are examples of general intent crimes?
It is not necessary to show that the defendant intended for the act to produce a specific result. General intent crimes are associated with “actus rea,” the Latin term for actions crime. Examples of general intent crimes include reckless arson, battery, assault, rape, manslaughter, and driving under the influence .
Is intent hard to prove?
Since intent is a mental state, it is one of the most difficult things to prove . There is rarely any direct evidence of a defendant’s intent, as nearly no one who commits a crime willingly admits it. To prove criminal intent, one must rely on circumstantial evidence.
Is theft a crime of specific intent?
Intoxication and specific intent
Case law has established that murder, wounding or causing grievous bodily harm with intent, theft, robbery, burglary with intent to steal, handling stolen goods, some forms of criminal damage, and any attempt to commit a crime of specific intent are themselves crimes of specific intent .
Does battery require specific intent?
Battery is a general intent offense . This means that the actor need not intend the specific harm that will result from the unwanted contact, but only to commit an act of unwanted contact.
