Legal Definitions - special malice

In legal terms, special malice (also sometimes referred to as particular malice) refers to a specific, targeted intent to cause harm to a particular individual, entity, or object, or to achieve a specific harmful outcome. It is not merely a general feeling of ill will or anger, but a deliberate and focused purpose behind an action.

This concept is crucial in distinguishing between actions that might cause harm accidentally or incidentally, and those where the harm was the precise objective of the person or entity involved.

• Example 1: Criminal Vandalism with Intent

  Imagine a scenario where a disgruntled former employee, feeling wronged by their previous employer, meticulously plans to disable a specific, critical piece of machinery at the company's factory. They don't just want to cause general trouble; their precise goal is to sabotage that particular machine, knowing it will halt production and cause significant financial losses for the company. This act demonstrates special malice because the individual had a clear, targeted intent to damage a specific item and achieve a particular harmful outcome for their former employer.

• Example 2: Defamation with Intent to Harm Reputation

  Consider a situation where a journalist publishes a false story about a local politician, fabricating details about their personal life and professional conduct. The journalist knows the information is untrue but publishes it anyway, with the express purpose of destroying the politician's credibility and chances of re-election. This isn't just sloppy reporting; it's an act driven by special malice because the journalist specifically intended to inflict reputational damage and political harm upon that particular individual.

• Example 3: Business Interference with Targeted Sabotage

  Suppose a large tech company, wanting to eliminate a smaller, innovative startup as a competitor, intentionally spreads false rumors within the investment community about the startup's financial instability and product viability. The larger company's executives specifically instruct their public relations team to target key investors and partners of the startup, with the deliberate aim of causing the startup's funding to dry up and its partnerships to dissolve. This calculated campaign illustrates special malice because the larger company had a precise intent to harm the specific business operations and relationships of its competitor.