Also known as:specific-intent crimes · specific intent crime · specific intent
Written by attorneys · grounded in primary & secondary sources — see below
A category of criminal offenses that require the defendant to act with a particular purpose or knowledge in addition to the intent to perform the prohibited act. This mental state must be shown to establish liability for the offense.
Sources & Authorities
How it applies
Common Examples
6
Solicitation With Targeted Purpose
Sylvia Santos approached a colleague at a conference and offered payment if the colleague would damage a rival's equipment to prevent a product launch. She provided detailed instructions on timing and methods to ensure the damage occurred. The colleague reported the conversation without acting. The specific intent element is satisfied because Santos's statements and offer demonstrate a purpose that the colleague commit the crime.
Advocacy With Purpose To Overthrow
Samantha Stone organized meetings where she urged participants to prepare for violent government overthrow once conditions allowed. She supplied training materials and coordinated roles for the planned action. Authorities charged her after the meetings. The specific intent requirement turns on whether her advocacy reflected a purpose that the listeners commit the unlawful acts.
Select any source to read its text and confirm it supports the definition.
Cases
Common Law
Restatements
Casebooks
Course Outlines
Dennis v. United States341 U.S. 494 (1951)
Mandatory Sentence And Mental State
Skylar Sullivan possessed a large quantity of drugs and faced a mandatory life sentence upon conviction. The prosecution had to prove she acted with awareness of the quantity and purpose to distribute. The specific intent element determined whether the sentence applied despite arguments about the punishment's severity.
Harmelin v. Michigan501 U.S. 957, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991)
Conversion With Intent To Deprive
Sophia Singh took government property believing it was abandoned surplus. She converted the items for personal use without returning them. The prosecution alleged theft. The specific intent element required proof that she acted with purpose to permanently deprive the owner, which her belief negated.
Morrissette v. United States342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288.
Killing With Deliberate Purpose
Sarah Sullivan struck the victim during an argument and continued the attack until death resulted. The defense claimed the blows were impulsive. The specific intent element required the jury to find she acted with purpose to cause death rather than mere recklessness.
Fisher v. United States328 U.S. 463 (1946)
Advocacy Without Call To Action
Scott Summers taught abstract Marxist theory at meetings without urging immediate violent steps. Prosecutors charged him with conspiracy to advocate overthrow. The specific intent element failed because the teaching lacked a purpose that listeners commit unlawful acts at the time.
Yates v. United States354 U.S. 298 (1957)
Common questions
Frequently Asked
3
When is voluntary intoxication a defense to a specific intent crime?+
Voluntary intoxication may negate the purpose or knowledge required for specific intent crimes. The defense is unavailable if the defendant became intoxicated to create the defense. It does not apply to general intent crimes.
Supporting sources
How does mistake of fact affect liability for specific intent crimes?+
Any mistake of fact, reasonable or unreasonable, defeats liability if it negates the required purpose or knowledge. This rule differs from general intent crimes, where only reasonable mistakes suffice.
Supporting sources
What distinguishes solicitation from mere approval under common law?+
Solicitation requires active incitement with the specific intent that the listener commit the crime. General approval or agreement alone does not meet the mental state element.
Supporting sources
484 U.S. 19 (1987)Intellectual Property Law
…property; the declaration to that effect in the employee manual merely removed any doubts on that score and made the finding of specific intent to defraud that much easier. Winans continued in the employ of the Journal, appropriating its confidential business information for his own use, all the while pretending to perform his duty…