Legal Definitions - general mens rea

General mens rea refers to the mental state where a defendant intended to perform the physical act that constitutes a crime. It does not require proof that the defendant intended any specific outcome or consequence beyond the act itself.

General Mens Rea

In legal terms, mens rea is a Latin phrase meaning "guilty mind." It refers to the mental state a person must have had while committing a crime for them to be held legally responsible. General mens rea (also known as general intent) means that an individual intended to perform the physical act that constitutes the crime, even if they did not intend the specific harmful outcome or consequence that resulted from their actions.

It focuses on the intent to do the prohibited act itself, rather than intending a particular result or a specific further objective.

• Example 1: Assault

  Imagine a person, Alex, gets into an argument with a neighbor, Ben. In a fit of anger, Alex shoves Ben. Ben loses his balance, falls, and breaks his arm. Alex did not intend for Ben to break his arm; his intent was simply to push Ben. In this scenario, Alex would likely be found to have the general mens rea for assault because he intentionally performed the act of pushing, which is the prohibited physical act, even though the severe injury was an unintended consequence.

• Example 2: Vandalism

  Consider a teenager, Chris, who spray-paints graffiti on a public wall. Chris intended to apply the paint to the wall, knowing it was not his property and that such an act was prohibited. He didn't necessarily intend to cause a specific amount of monetary damage or to offend particular individuals. However, because he intentionally performed the act of defacing property, he possesses the general mens rea required for the crime of vandalism.

• Example 3: Trespassing

  Suppose a hiker, Dana, ignores "No Trespassing" signs and walks onto private property to take a shortcut. Dana's intention was simply to cross the land more quickly, not to steal anything, damage property, or disturb the owner. Despite not having any malicious intent beyond entering the property, Dana intentionally performed the act of entering private land without permission. Therefore, Dana would be considered to have the general mens rea for trespassing because she intended the act of entry itself, which is the prohibited conduct.