Also known as:wilful intent · willfully intended · willfulness · specific intent
Written by attorneys · grounded in primary & secondary sources — see below
A culpable mental state consisting of purpose to bring about a particular result or knowledge that the result is substantially certain to follow from one's conduct.
Sources & Authorities
How it applies
Common Examples
6
Solicitation With Specific Purpose
Wyatt Wilson approached Wade Watson and offered cash in exchange for starting a fight with a critic at a music festival. Wyatt supplied precise instructions on location, timing, and how to avoid security so that the critic would be ejected. The facts show Wyatt acted with the purpose that Wade commit the assault.
Escape With Knowledge Of Duty
Willa Whitman left a federal facility after guards threatened her safety. She remained at large for weeks without surrendering. The evidence established that she knew she had a legal duty to return yet chose to stay away.
Select any source to read its text and confirm it supports the definition.
Cases
Common Law
Restatements
Hornbooks
Study Supplements
United States v. Bailey444 U.S. 394 (1980)
Leaflets With Purpose To Interfere
Wanda Weaver distributed leaflets urging resistance to American military efforts. She knew the statements would reach soldiers and intended to hinder the war effort. The record showed her purpose was to obstruct the ongoing conflict.
Abrams v. United States250 U.S. 616 (1919)
Shooting With Intent To Fire
Wallace Webb fired a weapon at his former partner after consuming drugs. He admitted pulling the trigger and aiming at the victim. The facts established that he acted with purpose to discharge the firearm at the target.
Williams v. State502 S.W.3d 262 (Tex. Ct. App. 2016)
Obscene Mailings With Knowledge
Winter Wolfe mailed materials he knew contained explicit content. He prepared the packages and addressed them to recipients who had not requested them. The evidence showed he acted with awareness that the materials were obscene.
Hamling v. United States418 U.S. 87 (1974)
Employment Test With Purpose To Restrict
Winslow Aviation required job applicants to swear they would not join certain organizations. The company designed the oath to exclude individuals who held disfavored political views. The record demonstrated the employer's purpose was to limit hiring based on protected associations.
Broadrick v. Oklahoma413 U.S. 601 (1973)
Common questions
Frequently Asked
4
What distinguishes willful intent from negligence in criminal law?+
Willful intent requires purpose or knowledge that a result will occur. Negligence involves only failure to perceive a substantial risk. The solicitation rule illustrates that mere general approval does not satisfy the specific intent element.
Supporting sources
Does factual impossibility negate willful intent in solicitation?+
No. The solicitor's culpability is measured by the circumstances as the solicitor believed them to be. The offense is complete when the solicitation is made with the required purpose.
Supporting sources
How does willful intent function in nuisance claims?+
An invasion is intentional when the actor knows the interference is resulting or is substantially certain to result. Continued operation after complaints satisfies the knowledge element even without a desire to harm neighbors.
Supporting sources
Is reckless indifference sufficient for willful intent in fraud?+
Yes when a speaker uses an ambiguous statement knowing one meaning is false. Indifference to how the listener understands the statement meets the mental state requirement for fraudulent misrepresentation.
Supporting sources
250 U.S. 616 (1919)Constitutional Law
…some forcible act of opposition to some proceeding of the United States in pursuance of the war. I think the intent must be the specific intent that I have described, and, for the reasons that I have given, I think that no such intent was proved or existed in fact. I also think that there is no hint at resistance to the United…