Also known as: specific-intent · specific intention
Written by attorneys · grounded in primary & secondary sources — see below
A culpable mental state that requires the defendant to intend not only the prohibited act but also a further specified consequence or circumstance. This mental element goes beyond the basic intent to perform the physical act and must be proved as an element of the offense. The requirement distinguishes certain crimes from those that demand only general intent to engage in the conduct.
Sean Steele approached Stella Shapiro at a bar and offered her cash to set fire to a rival's warehouse that night. He gave her the exact address, entry point, and timing so the fire would destroy the building. The prosecution proved Sean acted with the purpose that Stella actually commit the arson. The specific intent element was satisfied at the moment of the request even though Stella never acted.
Sterling Manufacturing listed its solar panels online as having a twenty-percent efficiency rating under standard conditions. Sophia Singh reviewed the listing and purchased the panels for her installation business. The panels performed at only twelve percent efficiency. The court held that an express warranty arose from the description even though Sterling had no subjective intention to create a warranty.
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Samuel Soto organized meetings where he urged members to prepare for the violent overthrow of the government as soon as conditions allowed. The government proved that Soto's purpose was to bring about the overthrow rather than merely to discuss abstract ideas. The specific intent requirement supplied the constitutional limit that allowed the conviction to stand.
Solomon Silver recorded conversations with an informant who had agreed to wear a transmitter. The government showed that Silver acted with the purpose of obtaining evidence of the informant's statements rather than merely listening. The specific intent element determined whether the recordings violated the Fourth Amendment under the circumstances.
Stephen Shaw, a reporter, learned the contents of a forthcoming column and traded on that information before publication. The government proved that Shaw acted with the purpose of converting the newspaper's confidential information for personal gain. The specific intent finding supported the mail and wire fraud convictions.
Sapphire Technologies spent corporate funds on political advertisements opposing a candidate. The government proved that the corporation acted with the purpose of influencing the election rather than merely expressing a viewpoint. The specific intent element shaped the analysis of whether the expenditures received First Amendment protection.
Specific intent requires proof that the defendant intended a consequence or circumstance beyond the actus reus itself. General intent requires only that the defendant intended to perform the physical act. Voluntary intoxication can negate specific intent but not general intent.
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Yes. The solicitor must act with the purpose that the person solicited commit the crime. Mere approval or agreement with the idea does not satisfy the element. The offense is complete upon the solicitation regardless of any response.
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No. Embezzlement requires intent to defraud that is equivalent to larceny's specific intent to permanently deprive the owner. A mistaken claim of right or intent to return the property itself defeats the mental element.
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No. Common-law arson requires malice but not a specific intent to burn the dwelling. Malice is satisfied if the defendant intends the structure to burn, knows it will burn, or consciously disregards a substantial risk that it will burn.
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…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…