Legal Definitions - Transferred intent

Transferred intent is a legal principle used when an individual intends to cause harm to one person but accidentally causes that same type of harm to a different person instead. Under this doctrine, the law "transfers" the original harmful intent from the intended target to the actual victim. This allows prosecutors to prove the necessary mental state (often referred to as the "guilty mind" or mens rea) for the crime committed against the actual victim, even though that specific person was not the original target.

It's important to note that this principle only applies when a crime is fully carried out, not when it's merely attempted.

Here are a few examples to illustrate how transferred intent works:

• Example 1: Accidental Punch

  Imagine a situation where Mark is angry at his colleague, Sarah, and swings his fist, intending to punch her. Sarah quickly ducks, and Mark's fist accidentally strikes David, another colleague standing nearby, causing David a black eye.

  How it illustrates transferred intent: Mark clearly intended to commit battery (unlawful physical contact) against Sarah. Even though he didn't hit Sarah, his intent to harm her "transfers" to David, the actual victim. Therefore, Mark can be charged with battery against David, satisfying the requirement that Mark intended to cause harm to the person he actually struck, even though that wasn't his original plan.

• Example 2: Stray Bullet

  Consider a scenario where Emily aims a firearm at John, intending to shoot him. Just as she fires, John unexpectedly moves, and the bullet misses him, instead striking and injuring Maria, who was walking past a few feet away.

  How it illustrates transferred intent: Emily had the specific intent to cause serious bodily harm or even death to John. When Maria was hit instead, Emily's criminal intent to harm John is "transferred" to Maria. This means Emily can be held criminally responsible for the harm caused to Maria (e.g., aggravated assault or attempted murder, depending on the severity of Maria's injury and Emily's original intent), even though Maria was not her intended target.

• Example 3: Contaminated Food

  Suppose Robert prepares a meal for his roommate, Kevin, secretly adding a non-lethal but potent laxative to Kevin's portion, intending to make him sick as a prank. Before Kevin can eat it, another roommate, Lisa, mistakenly takes Kevin's plate and consumes the contaminated food, subsequently falling ill.

  How it illustrates transferred intent: Robert intended to cause physical discomfort and illness to Kevin. When Lisa consumed the food and became sick, Robert's intent to harm Kevin "transfers" to Lisa. Robert can therefore be held criminally liable for poisoning or assault against Lisa, as his original intent to cause harm is applied to the actual victim of his actions.