Posted on January 26, 2022 Show  Specific intent crimes are those where a prosecutor must prove, beyond a reasonable doubt, that the defendant intended to commit a certain harm. This means a specific intent is a necessary element of the crime itself. Examples of specific intent crimes are:
In contrast, general intent crimes are offenses where a prosecutor simply has to show that a defendant committed a criminal act. There is no concern as to whether the accused actually intended to produce the specific result of that act. Examples of general intent crimes are:
Often associated with these types of crimes are the topics of:
While “actus reus” refers to the physical act of a crime, “mens rea” involves the intent factor of the crime or the mental state of the defendant. What is a specific intent crime? Under common law, there are two general types of crimes in the United States. These are known as “specific intent crimes” and “general intent crimes.” A specific intent crime is one where the defendant must both:
This means that a large focus turns on the defendant’s state of mind and criminal intent becomes a mental element of the crime. With specific intent crimes, state statutes will give the requisite intent that a defendant must have had when he/she committed a crime in order to be guilty of that offense. For example, California’s forgery law is listed in state statute Penal Code 470 PC. That law states: “Every person who, with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person to any of the items listed in subdivision (d) is guilty of forgery.”[2] (Emphasis added). A defendant is only guilty of this offense if he acted with the specific intent to defraud. The accused will not be guilty if he/she signed another name on accident or via a prank. While PC 470 uses the language, “intent to defraud,” other common intents listed in statutes include that the defendant acted:
If an accused did not break the law with one of these intent elements, then he/she cannot be found guilty of a specific intent offense. 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. It is not enough for a district attorney to show that an accused shot, stabbed or poisoned someone. The D.A. must prove that the accused did so, but also performed an act with the specific intent to kill the victim. Other examples of specific intent crimes include:
Specific intent crimes can be either:
Note that since these offenses focus on a particular intent, a common legal defense for these crimes is for a criminal defense lawyer to say that the defendant did not act with the intent listed in the applicable statute. Consider the crime of forgery again. It is always a defense for an experienced lawyer to say that the accused is innocent because he/she did not act with an intent to defraud. What is a general intent crime? Criminal laws say that a general intent crime is one where the defendant performs some physical act. To secure a conviction of these crimes, a prosecutor does not have to show that the accused intended to produce the particular result of his/her act.[3] Statutes outlining these crimes typically only refer to some act. There is no mention of any intent to commit a crime. A common example of aa general intent crime is driving under the influence (DUI). A person is guilty of the offense as long as he/she drove a vehicle while drunk. The prosecutor does not have to show that the motorist actually intended to drive drunk or drove drunk willingly or with a specific purpose. Other examples of general intent crimes include:
As with specific intent crimes, general intent crimes can be either misdemeanors or felonies in the criminal justice system. Further, an experienced criminal defense attorney will typically have to craft a legal defense based upon the specific facts of a case. Unlike specific intent crimes, a lawyer or law firm cannot rely on a defendant’s intent, or lack thereof. What is “actus reus” and “mens rea?” “Actus reus” and “mens rea” are topics often associated with specific and general intent crimes. While actus reus is a legal term referring to the physical aspect of a crime, mens rea is one that involves the intent factor behind committing a physical act.[4] An actus reus includes voluntary acts, or failures to act, that society has an interest in preventing (e.g., making physical contact with a person by punching a victim).[5] In contrast, a mens rea pertains to an accused’s state of mind. This mental state is often listed in the statute that sets forth a specific crime (e.g., purposefully or knowingly).[6] All crimes consist of both of these elements and they must occur simultaneously for an offense to occur. Specific intent crimes will involve a specific mens rea. General intent crimes merely require a general intent to commit the underlying criminal act. An exception to this general rule involves strict liability crimes. Intent is irrelevant with these. A prosecutor just needs to show that a criminal act occurred. An example is statutory rape. A D.A. only has to prove an actus reus to secure a conviction. That being, the defendant committed non-forcible sexual intercourse with a minor. [1] Black’s Law Dictionary, Sixth Edition. See also U.S. v. Birkenstock, 823 F.2d 1026 (1987). [2] California Penal Code 470 PC. [3] Cornell Law School Legal Information Institute, “General Intent.” [4] Black’s Law Dictionary, Sixth Edition. [5] See Powell v. Texas, 392 U.S. 514 (1968). [6] See Staples v. United States, 511 U.S. 600 (1994). About the AuthorNeil ShouseA former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. What is a general intent?General intent crimes are any crimes where there was an intention to commit an action that led up to the criminal act. For example, if you intend to punch someone – whether or not you intend to hurt them – it can be considered battery and general intent.
Does general intent require mens rea?All crimes have two key parts, the criminal act done by the perpetrator ("actus reus") and the perpetrator's state of mind when the crime is committed ("mens rea").
What is the intent to commit a crime called?The intent to commit a crime is officially known as “mens rea,” which is Latin for “guilty mind.” In the US, mens rea is generally divided into four sublevels, each of which reflects a different level of responsibility for a crime.
Is actus reus criminal intent?Actus Reus is Latin for “guilty act.” It is usually referred to in combination with the term “Mens Rea,” which means “guilty mind.” In order for a person to be criminally liable for doing something, they need to have done it with criminal intent or recklessness.
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General intent is the intent only to commit the actus reus of a crime true or false
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