Also known as: intention to cause serious bodily injury · intent to inflict grievous bodily harm
Written by attorneys · grounded in primary & secondary sources — see below
A culpable mental state consisting of the conscious objective to inflict grievous bodily harm short of death. At common law this state of mind supplies the malice aforethought required for murder when the resulting killing would otherwise constitute murder.
Marshall tackled Uriah to the floor after suspecting shoplifting and then repeatedly stomped on Uriah's chest. Uriah suffered fatal internal injuries. Marshall later admitted he knew stomping could cause serious harm and intended to stop the theft by any means necessary. The intent to cause serious bodily injury supplied malice aforethought and supported a murder conviction.
Gerard seized a heavy metal belaying pin during an argument and swung it with full force at Cecil's temple. Cecil died from the resulting skull fracture and brain injury. Gerard claimed he only meant to knock Cecil down. The choice of a deadly weapon directed at a vital area permitted an inference of intent to cause serious bodily injury sufficient for common-law murder.
Select any source to read its text and confirm it supports the definition.
Intent to cause serious bodily injury is a distinct form of implied malice that supports murder even without a purpose to cause death. It requires only the conscious objective to inflict grievous harm short of death. Courts treat this mental state as sufficient to establish malice aforethought when the killing results.
Supporting sources
Yes. When murder is divided into degrees, a killing committed with intent to cause serious bodily injury is generally classified as second-degree murder because it lacks the premeditation and deliberation required for first degree.
Supporting sources
No. A claim that the defendant sought only to stop the victim does not negate intent to cause serious bodily injury when the force used far exceeds what is necessary for that purpose and is directed at a vital area.
Supporting sources
Repeated blows to a vital area after the victim cries out, use of a deadly weapon, and continued force despite visible injury all support an inference that the defendant intended to inflict grievous bodily harm.
Supporting sources