Also known as:general intent · specific intent · general intent vs specific intent · gen/spec intent · intent distinction
Written by attorneys · grounded in primary & secondary sources — see below
A doctrinal distinction in criminal law that classifies offenses according to the mental state required for liability. General intent crimes require only the intent to perform the prohibited act. Specific intent crimes demand proof of an additional purpose or objective beyond the actus reus itself.
Sources & Authorities
How it applies
Common Examples
6
Solicitation Requires Specific Purpose
Genevieve Gardner urged Gavin Grant to assault a rival critic at a music festival by offering cash and giving detailed instructions on timing and location. The prosecution proved Gardner acted with the purpose that Grant actually commit the assault rather than merely voicing general approval of the idea. Because the offense demands this specific intent, the charge stands even though Grant never responded or acted.
Intoxication Negates Specific Intent
Gloria Green broke into a warehouse while heavily intoxicated and removed several crates of goods. Evidence showed she lacked any purpose to permanently deprive the owner because the alcohol prevented formation of that additional objective. The distinction allows the intoxication evidence to defeat the specific intent element even though the act of taking occurred.
Select any source to read its text and confirm it supports the definition.
Cases
Uniform Acts
Common Law
Restatements
Course Outlines
Gretchen Graham took factory parts she believed were discarded scrap near a compactor. Her honest mistake prevented formation of the purpose to deprive the owner of property still belonging to the company. The distinction treats the error as a defense because it negates the specific intent required for theft.
General Intent Unaffected by Intoxication
George Garcia fired warning shots from a docked vessel after drinking heavily and mistakenly thought pirates were boarding. The recklessness element of the charged offense is a general intent mental state. The distinction means voluntary intoxication supplies no defense because it does not negate the required culpability.
Felony Murder Uses General Intent
Georgia Gibbs disabled safety equipment at a factory specifically to speed up her secret removal of finished goods for resale. A coworker died when pulled into the machinery during the operation. The distinction allows the intent to commit the underlying felony to supply the malice required for murder without any separate purpose to kill.
Expert Testimony Barred on Specific Intent
Gavin Grant faced fraud charges for falsifying safety reports after suffering a head injury. The defense offered an expert to conclude that Grant could not have formed the purpose to deceive regulators. The distinction keeps that precise mental-state determination with the jury alone rather than allowing an expert opinion.
Common questions
Frequently Asked
3
How does the distinction affect an intoxication defense?+
Voluntary intoxication rarely negates a general intent crime but may prevent formation of the additional purpose required for a specific intent crime. The prosecution must still prove the defendant formed the specific intent despite the impairment.
Supporting sources
When does a mistake of fact serve as a defense under the distinction?+
A genuine mistake of fact defeats liability only when it negates the required mental state. For specific intent crimes the mistake can prevent the additional purpose from forming while it rarely helps with general intent offenses.
Supporting sources
Why does solicitation require specific intent rather than general intent?+
The offense demands that the defendant act with the purpose that the person solicited actually commit the crime. Mere approval or agreement with the conduct does not satisfy the element.
Supporting sources
431 U.S. 494, 503 (1977)Property
…(1965), limits the discretion of the Board of Building Code Appeals to grant variances to those which are "in harmony with the general intent of such ordinance . . . ." If one of the legitimate objectives of the definition of "family" was to preserve the single (nuclear) family character of East Cleveland, then granting this…