Also known as: specific intent · mens rea
Written by attorneys · grounded in primary & secondary sources — see below
A culpable mental state in which the actor actively desires that the criminal consequences prescribed by the offense follow from the conduct. This purpose distinguishes the offense from one requiring only knowledge, recklessness, or negligence as to the result.
Simon Stern approached a colleague and offered payment plus detailed instructions on how to assault a critic at an event so that security would remove the critic before a review. Stern spoke seriously and conditioned payment on success, showing he actively desired the assault to occur. The specific criminal intent element is satisfied at the moment of the request even though the colleague never acted.
Sebastian Santos led meetings where he urged followers to prepare for violent revolution once conditions allowed. He actively desired that the group carry out the overthrow when the moment arrived. The specific criminal intent is shown by his disciplined planning and statements that the revolution was the intended outcome.
Select any source to read its text and confirm it supports the definition.
Scott Summers stored a large quantity of drugs in his vehicle and carried scales and packaging materials. He actively desired to sell the drugs for profit rather than merely possess them. The specific criminal intent elevates the offense beyond simple possession.
Stephen Shaw hid material information from investors while directing company funds to personal accounts. He actively desired that the investors remain unaware so the scheme could continue. The specific criminal intent supports conviction for the fraud offense.
Skylar Sullivan removed property from a worksite believing it had been abandoned. She actively desired to keep the items permanently rather than return them. The specific criminal intent element fails because her belief negated the required purpose to deprive the owner.
Sasha Stone fired a weapon at a rival during an argument. The prosecution must prove she actively desired to cause death or serious injury rather than merely acting recklessly. The specific criminal intent is assessed by whether a rational trier of fact could find the purposeful mental state beyond a reasonable doubt.
Specific criminal intent requires that the offender actively desired the prescribed criminal consequences. General intent exists when the offender must have adverted to those consequences as reasonably certain to result. The distinction determines whether a particular mental state satisfies the offense definition.
Supporting sources
Yes. The defendant must act with the specific intent that the person solicited commit the crime. Mere general approval of the conduct does not satisfy the requirement.
Supporting sources
Yes. An honest belief that property was abandoned prevents formation of the purpose to permanently deprive the owner. The mistake directly negates the required mental state.
Supporting sources
…property; the declaration to that effect in the employee manual merely removed any doubts on that score and made the finding of specific intent to defraud that much easier. Winans continued in the employ of the Journal, appropriating its confidential business information for his own use, all the while pretending to perform his duty…