Also known as: specific intent · general intent · specific vs general intent
Written by attorneys · grounded in primary & secondary sources — see below
A distinction in criminal law between crimes that require proof of a particular purpose or objective beyond commission of the act itself and those that require only the intent to perform the prohibited act. The classification determines the availability of certain defenses such as voluntary intoxication and the scope of permissible jury instructions on mental state.
Santiago Sanchez approached Sean Steele at a festival and offered cash if Steele would start a fight with a critic so security would eject him. Sanchez gave precise instructions on location, timing, and how the punches should appear unprovoked. The detailed planning and promise of payment showed Sanchez acted with the purpose that Steele commit the assault rather than merely voicing general disapproval.
Seth Shapiro led meetings where participants discussed overthrowing the government by force when conditions allowed. Evidence showed Shapiro intended violent revolution once circumstances became favorable. The jury could find the specific intent element satisfied even without proof that any immediate act of violence occurred.
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Sasha Stone recorded conversations with a government informant who had consented to the recording. The government introduced the recordings at trial. Stone's general intent to operate the recording device was clear, but the absence of any purpose to violate a protected privacy interest meant no specific-intent violation occurred.
Simon Stern took government property believing he was entitled to keep it as salvage. The taking was intentional, yet Stern lacked any purpose to permanently deprive the owner. Because the offense required specific intent to steal, the general intent to remove the items did not establish liability.
Sydney Santos planned an attack on a rival and carried it out after reflection. The evidence of planning supported a finding of premeditation and deliberation. That specific intent distinguished first-degree murder from a general-intent killing that would support only second-degree murder.
Sapphire Technologies refused to hire applicants who belonged to a certain religious group. The company acted with the purpose of excluding members of that group rather than merely applying a neutral policy that happened to have a disparate impact. The specific intent to discriminate triggered liability under the governing statute.
Voluntary intoxication can negate the mental state for specific intent crimes but ordinarily cannot negate the mental state for general intent crimes. The distinction therefore determines whether evidence of intoxication is admissible to show lack of mens rea.
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Classification controls the availability of certain defenses and the content of jury instructions on mental state. Specific intent crimes permit defenses such as voluntary intoxication and mistake of fact that are unavailable for general intent crimes.
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Yes. Solicitation requires that the defendant act with the specific intent that the person solicited actually commit the crime. Mere general approval of the criminal conduct does not satisfy the requirement.
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…(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…