Legal Definitions - malus animus

Malus animus is a legal term, originating from Scots law, that translates directly to "bad intention" or "malicious intent." It refers to the deliberate, wrongful, or criminal purpose behind an action. For an act to be considered a crime, it often requires not only that a prohibited act was committed but also that the person who committed it did so with a specific "bad intention" or malicious state of mind.

Here are a few examples to illustrate this concept:

• Example 1: Vandalism with Spite

  Imagine a person, David, who is angry at his neighbor, Sarah, over a long-standing dispute. One evening, David intentionally throws a rock through Sarah's living room window, knowing it will cause damage and distress. David's act of breaking the window is the prohibited action. His malus animus is the deliberate, malicious intent to cause harm and property damage to Sarah out of spite, rather than an accidental occurrence. This underlying bad intention is crucial in determining the criminal nature of his act.

• Example 2: Intentional Defamation

  Consider a former business partner, Lisa, who, after a falling out, purposefully spreads false and damaging rumors about her ex-partner, Mark, to their mutual clients and industry contacts. Her goal is to destroy Mark's professional reputation and sabotage his new venture. Lisa's act of disseminating false information is the prohibited action. Her malus animus is her conscious and deliberate intent to inflict harm on Mark's reputation and business, driven by malice. This malicious intent makes her actions legally wrongful.

• Example 3: Premeditated Theft

  A person named Alex meticulously plans to break into a jewelry store after closing hours. He researches the store's security, acquires tools, and waits for an opportune moment to enter and steal valuable items. Alex's act of breaking into the store and taking items is the prohibited act (theft and breaking and entering). His malus animus is his clear, pre-meditated "bad intention" to unlawfully acquire property belonging to someone else, demonstrating a deliberate criminal purpose from the outset of his planning.