Also known as:intend · intends · intended · intending · intents · intention · intentions · intentional · intentionally · intentio · mens rea · specific intent
Written by attorneys · grounded in primary & secondary sources — see below
A conscious objective to engage in particular conduct or to cause a particular result.
Sources & Authorities
How it applies
Common Examples
6
Express Malice in Homicide
Isaiah Ishikawa loads a rifle and aims it at his neighbor after a dispute. He fires a single shot that strikes and kills the neighbor. The deliberate aim and firing establish the conscious objective to cause death, satisfying the requirement for express malice.
Merger and Independent Promise
Iain Irons sells land to Isabelle Inman. The deed contains no mention of a side promise that Irons would build a boundary fence. After closing, Inman sues to enforce the fence promise. The court examines whether the parties intended the promise to survive independently of the deed.
Pleading Mental State in Fraud
Imani Idowu sues Ideal Solutions for fraud arising from a misrepresented software license. The complaint alleges that the company knew its statements were false but does not detail every internal email. The rule permits the allegation of intent to be stated generally.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Prior Act to Show Intent
Ibrahim Iqbal is charged with arson. The prosecution offers evidence that he previously set a controlled fire on an adjacent property to collect insurance. The evidence is offered to prove that the charged fire was set with the conscious objective of destroying the building for financial gain.
Double Jeopardy and Distinct Harms
India Inoue is acquitted of arson. The state later charges her with insurance fraud arising from the same fire. Each offense requires proof of a fact the other does not, and the statutes address substantially different harms, so the prior acquittal does not bar the new prosecution.
Remedial Measures for Client Fraud
An attorney learns that the client intends to present forged documents at trial. The lawyer knows the conduct is fraudulent and related to the proceeding. The rule requires the lawyer to take reasonable remedial steps, including disclosure to the tribunal if necessary.
Common questions
Frequently Asked
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How does a prosecutor prove a defendant's intent?+
Prosecutors prove intent by showing the defendant acted with the conscious objective to engage in the prohibited conduct or to cause the prohibited result. Direct evidence such as statements or conduct is often supplemented by circumstantial evidence.
Supporting sources
What is the difference between intent and motive?+
Intent is the mental state of purpose to commit the act or cause the result. Motive is the reason that prompts the act and is not an element of the offense.
Supporting sources
Can intent be alleged generally in a pleading?+
Yes. When alleging fraud or mistake, the circumstances must be pleaded with particularity, but malice, intent, knowledge, and other conditions of mind may be alleged generally.
Supporting sources
Does prior misconduct evidence prove intent?+
Evidence of other acts is admissible to prove intent when offered for a non-propensity purpose such as showing the defendant acted with the conscious objective to commit the charged offense.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…sometimes they were. He believed none of those commissions were ever sent out or delivered to the persons for whom they were intended and did not know what became of them nor whether they were then in the Secretary's office. Mr. Lincoln, Attorney General, having been summoned and called, objected to answering and…