Also known as: two-fold specific intent · specific intent
Written by attorneys · grounded in primary & secondary sources — see below
A mental element required for conspiracy that consists of an intent to combine with others and an intent to accomplish the illegal objective of the agreement. The first component focuses on the defendant's purpose to enter the group understanding. The second component requires that the defendant specifically desire the substantive crime to occur.
Tori Taylor urged Tyler Taylor to assault a critic at a music festival by offering cash and giving detailed instructions on location and timing. Prosecutors charged Tori with conspiracy. The court examined whether Tori possessed the twofold specific intent to combine with Tyler and to see the assault completed rather than merely voicing general disapproval.
Tabitha Taylor and Theresa Tucker formed a small circle that planned to advocate violent overthrow of government structures. Tabitha expressed both a desire to join the group and a purpose that the overthrow occur when conditions allowed. The twofold specific intent supplied the mental element for conspiracy liability under the charged statute.
Select any source to read its text and confirm it supports the definition.
Tonya Takahashi and Trevor Tate agreed to divert client funds through altered disbursement sheets. Tonya intended both to enter the arrangement with Trevor and to achieve the permanent deprivation of the funds. The twofold specific intent supplied the mental element for the conspiracy charge rather than mere general approval of the plan.
Thunderbolt Motors fired an employee after discovering membership in an organization advocating unlawful aims. The employee showed both intent to combine with others and intent to further illegal objectives. The twofold specific intent supplied the basis for the employer's conspiracy-related justification of the discharge.
Trailblazer Airlines investigated crew members who discussed overthrow advocacy. Only those who both intended to join the group and intended the illegal goal be realized faced conspiracy exposure. The twofold specific intent requirement protected abstract association without criminal purpose.
True North Logistics partners discussed falsifying records to conceal regulatory violations. Evidence showed one partner intended both the agreement and the unlawful concealment. The twofold specific intent supplied the mens rea that a reviewing court measured against the Jackson sufficiency standard.
The first component is the intent to combine or agree with others. The second component is the intent that the illegal objective of the agreement be accomplished. Both must be present for conviction.
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No. Mere general approval or simple agreement with the conduct does not meet either component. The defendant must specifically intend both to join the combination and to see the unlawful goal achieved.
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Solicitation requires only the specific intent that the solicited person commit the crime. Conspiracy adds the separate intent to combine with others, creating a bilateral mental element not present in solicitation.
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Common law conspiracy expressly demands the twofold specific intent. The Model Penal Code uses purpose to promote or facilitate the commission of the crime, which courts treat as functionally equivalent to the dual intent requirement.
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No. When one participant lacks genuine intent to combine or to accomplish the objective, the bilateral nature of the twofold specific intent prevents conspiracy liability for either party.
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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…