Also known as: intent to commit felonies · felonious intent
Written by attorneys · grounded in primary & secondary sources — see below
A purposeful mental state formed before or at the moment of a prohibited act to engage in conduct constituting a felony. This state supplies implied malice under the felony-murder rule when a killing occurs during commission of the felony. It must coincide exactly with entry for common law burglary.
Isaac directed workers to bypass a secure gate at night and dump hazardous waste into a storm channel to cut costs. A homeless man sleeping nearby inhaled the fumes and died. The intent to commit the environmental felony supplies the malice that elevates the death to murder even without any purpose to kill.
Imani ordered an unlicensed apprentice to drive a modified sports car at high speed on public streets to test performance. The car struck and killed a pedestrian. The intent to commit the underlying felony of reckless endangerment supplies implied malice that supports a murder charge.
Select any source to read its text and confirm it supports the definition.
Idris hid inside a dwelling earlier with the intent to steal valuables but was discovered and fled by forcing a window open from inside. The forced exit satisfies no breaking element because the intent to commit the felony existed only before entry and the force occurred solely to leave.
Iris entered a coworker's townhouse at night using a seen code solely to retrieve a loaned prototype. Only after entering did she see a computer and decide to copy classified files for sale. The later-formed intent to commit the felony means burglary is not complete despite the nighttime entry.
Ike tricked an elderly owner into opening the farmhouse door by pretending to be a veterinarian and entered to confront her about withheld wages. He formed no plan to steal cash until after he was inside. Without felony intent present at the moment of entry, the burglary charge fails even though other elements are met.
Ismael entered a post office after hours intending to remove valuable equipment for resale. The presence of that felonious purpose at the moment of entry satisfies the mental-state requirement even though the theft itself was never completed.
No. The mental state alone satisfies the element when it exists at the required time. Completion of the felony is irrelevant to both felony murder and common law burglary.
Supporting sources
It must exist at the precise moment of entry into the dwelling. Intent formed only after entry is already complete does not satisfy the element even if a felony is later committed inside.
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It supplies implied malice by operation of the felony-murder rule whenever a killing occurs during commission of the felony. No separate intent to kill or to cause grievous harm is required.
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No. The breaking element requires force used to facilitate entry. Force used only to leave after prior concealment does not count even if the defendant entered earlier with intent to commit a felony.
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…ten years, or both." The history of the statute shows that it was intended to reach only those who appropriate property with a felonious intent. The statutory language "knowingly converts" must be read against the background of the common law. At common law, the crimes of larceny, embezzlement, and the like required proof of a…