Legal Definitions - Specific intent

Specific intent describes a mental state where an individual not only chooses to perform a particular action but also specifically desires or aims for a particular, legally prohibited outcome to occur as a result of that action.

In legal terms, proving specific intent means demonstrating that the defendant had a precise purpose in mind beyond merely committing the act itself. They wanted a specific consequence to happen. This is a higher bar for prosecutors or plaintiffs to meet compared to proving "general intent," where only the intent to perform the act is required, regardless of whether the specific outcome was desired.

Here are some examples illustrating specific intent:

• Example 1: Burglary

  Imagine a person, Alex, breaks into a closed electronics store in the middle of the night. The act of breaking in is clear. However, for the crime to be classified as burglary (in many jurisdictions), the prosecution must prove that Alex broke into the store with the specific intent to steal merchandise. If Alex merely broke in to find shelter from a storm without any intention of taking anything, the specific intent element for burglary would be missing, even though other crimes like trespassing might still apply.

  This illustrates specific intent because Alex's action of breaking in was coupled with the precise goal of committing theft, which is the prohibited outcome the law targets for burglary.

• Example 2: Forgery

  Consider a scenario where Sarah meticulously creates a fake will, mimicking her wealthy uncle's signature. Her action is creating a document. For this to be the crime of forgery, it must be proven that Sarah created the fake will with the specific intent to defraud her cousins of their rightful inheritance. If she created the fake will as a prop for a play and had no intention of using it to gain money or property, the specific intent to defraud would be absent.

  Here, the specific intent is the desire to deceive others for financial gain, which is the particular prohibited outcome linked to the act of creating a false document.

• Example 3: Assault with Intent to Commit a Felony

  Suppose Mark confronts a stranger, pulls out a knife, and demands their wallet. Mark's act of threatening the stranger with a knife constitutes an assault. However, for a charge like "assault with intent to commit robbery," the prosecution must demonstrate that Mark not only intended to assault the person but also had the specific intent to take their property by force (robbery). If Mark merely intended to scare the person without any desire to take their belongings, the specific intent for robbery would not be present, even though other assault charges might still apply.

  This example highlights specific intent because Mark's aggressive actions were driven by the precise goal of committing robbery, which is the distinct prohibited outcome beyond just the assault itself.