'pe!ifi! intent ( re)uires proof t"at t"e * intended to produ!e spe!ifi!ally pro"ibited "arm$ and normally in!ludes purpose or #nowledge i.e. lar!eny re)uires spe!ifi! intent to permanently depri+e.
+henever a crime includes the term
,wit" intent to$-
that is a specific intent element.%b&
only re/uires a desire or state of mind to do the prohibited act and generally includes reckless or negligent state of mind.
" -efendant is charged with *ssault with ntent to ?ommit 9urder. $he state of mind related to committing the assault only is a general intent element %placing the victim in fear of an imminent battery or attempting to commit a battery&. n contrast, the intent to murder the victim is a specific intent element, re/uiring proof that -efendant acted with the purpose of killing his victim when he committed the assault. 3pecific intent may be nullified by an
"onest but unreasonable mista#e of fa!t
, and by voluntary intoxication5 only an
"onest and reasonable mista#e of fa!t
will nullify general intent.%C&
" 9alice is the essential
element for murder at common law. $here are numerous ways to prove malice.%a&
" is established by proving - intended to kill another human being. ntent to kill is established by proving"1&- acted with purpose to kill5 !2&- acted with knowledge to kill another5 !C&- acted with intent to inflict grievous bodily harm%b&
" is established by proving that the defendant caused a death as the result of extreme reckless or criminally negligent conduct that manifested a wanton disregard for the value of human life.1&mplied malice may be established even where" the killing was unintentional if there was wanton disregard for human life. 2&9alice is also implied for a felony murder conviction, although felony murder will be analyed as a distinct category. !emember, any
unlawful #illing 0 mali!e 1 murder
, even if the defendant did not set out to kill someone or didnt even expect his conduct would cause death.%D&
'tri!t liability !rimes
" %a&*ct ( !esult # Guilt. %b&*s a result, mistake of fact is never a defense %e.g., for statutory rape, where - mistakenly believes the victim was of legal age&.%E&$ransferred intent" +here the - intends to produce a criminal result against one victim, but instead inadvertently harms another victim, the intent to harm first victim transfers to the other victim.%a&t is not a defense that" you hurt the wrong victimc.
" n order to prove guilt, the :rosecution must prove that the act that causes the criminal result was actuated %set in motion& by the re/uisite criminal state of mind. $his is called concurrence.%1&t is not only necessary that" the mens rea %state of mind& and criminal act concur precisely in time. +hat is necessary is that the mental state must actuate the conduct that produces the criminal result.
?ommon law burglary is the unlawful breaking and entering of the dwelling of another '8*9 $:
'8*9 $:'8*9 $: