Specific intent crimes are those offenses where a prosecutor must prove (and beyond a reasonable doubt) that the defendant intended to commit a certain harm. This means a specific intent is a necessary element of the crime itself.
Examples of specific intent crimes are:
In contrast, general intent crimes are offenses where a prosecutor simply has to show that a defendant committed a criminal act. There is no concern as to whether the accused actually intended to produce the specific result of that act.
Examples of general intent crimes are:
Often associated with these types of crimes are the topics of:
- actus reus, and
- mens rea.
While “actus reus” refers to the physical act of a crime, “mens rea” involves the intent factor of the crime or the mental state of the defendant.
What is a specific intent crime?
Under common law, there are two general types of crimes in the United States: “specific intent crimes” and “general intent crimes.”
A specific intent crime is one where the defendant must both:
- intend to commit an unlawful act, and
- specifically intend to violate the law.1
This means that the focus is largely on the defendant’s state of mind, and criminal intent becomes a mental element of the crime.
With specific intent crimes, state statutes will give the requisite intent that a defendant must have had when he/she committed a crime to be guilty of that offense.
Examples
For example, California’s forgery law is listed in state statute Penal Code 470 PC. That law states:
“Every person who, with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person to any of the items listed in subdivision (d) is guilty of forgery.”2 (Emphasis added).
A defendant is only guilty of this offense if he acted with the specific intent to defraud. The accused would not be guilty if he/she signed another name on accident or via a prank.
While PC 470 uses the language, “intent to defraud,” other common intents listed in statutes include that the defendant acted:
- knowingly,
- purposely,
- willfully, or
- with recklessness.
If an accused did not break the law with one of these intent elements, then he/she cannot be found guilty of a specific intent offense.
A common example of a specific intent crime is first degree murder. A defendant is only guilty of this offense if he actually intended to cause someone’s death. It is not enough for a district attorney to show that an accused shot, stabbed or poisoned someone. The D.A. must prove that the accused did so, but also performed an act with the specific intent to kill the victim.
Other examples of specific intent crimes include:
- burglary,
- child molestation,
- theft or larceny, and
- embezzlement.
Specific intent crimes can be either:
- misdemeanors, or
- felonies.
Defending against charges
Note that since these offenses focus on a particular intent, a common legal defense for these crimes is for a criminal defense lawyer to say that the defendant did not act with the intent listed in the applicable statute. Consider the crime of forgery again. It is always a defense for an experienced lawyer to say that the accused is innocent because he/she did not act with the intent to defraud.
What is a general intent crime?
Criminal laws say that a general intent crime is one where the defendant performs some physical act. To secure a conviction of these crimes, a prosecutor does not have to show that the accused intended to produce the particular result of his/her act.3
Statutes outlining these crimes typically only refer to some act. There is no mention of any intent to commit a crime.
Examples
A common example of a general intent crime is driving under the influence (DUI). A person is guilty of the offense as long as he/she drove a vehicle while drunk. The prosecutor does not have to show that the motorist actually intended to drive drunk or drove drunk willingly or with a specific purpose.
Other examples of general intent crimes include:
- assault,
- battery, and
- second degree murder.
As with specific intent crimes, general intent crimes can be either misdemeanors or felonies in the criminal justice system.
Defending against charges
An experienced criminal defense attorney will typically have to craft a legal defense based upon the specific facts of a case. Unlike specific intent crimes, a lawyer or law firm cannot rely on a defendant’s intent, or lack thereof.
What is “actus reus” and “mens rea?”
“Actus reus” and “mens rea” are topics often associated with specific and general intent crimes.
Actus reus
While actus reus is a legal term referring to the physical aspect of a crime, mens rea is one that involves the intent factor behind committing a physical act.4
An actus reus includes voluntary acts, or failures to act, that society has an interest in preventing (e.g., making physical contact with a person by punching a victim).5
Mens rea
In contrast, a mens rea pertains to an accused’s state of mind. This mental state is often listed in the statute that sets forth a specific crime (e.g., purposefully or knowingly).6
Intent crimes v. strict liability
All crimes consist of both of these elements and they must occur simultaneously for an offense to occur. Specific intent crimes will involve a specific mens rea. General intent crimes merely require a general intent to commit the underlying criminal act.
An exception to this general rule involves strict liability crimes. Intent is irrelevant with these. A prosecutor just needs to show that a criminal act occurred.
An example is statutory rape. A D.A. only has to prove an actus reus to secure a conviction. That being, the defendant committed non-forcible sexual intercourse with a minor.
Legal References
- Black’s Law Dictionary, Sixth Edition. See also U.S. v. Birkenstock, 823 F.2d 1026 (1987).
- California Penal Code 470 PC.
- Cornell Law School Legal Information Institute, “General Intent.”
- Black’s Law Dictionary, Sixth Edition.
- See Powell v. Texas, 392 U.S. 514 (1968).
- See Staples v. United States, 511 U.S. 600 (1994).
