CRIM LAW
9.2.09
§ 5.04 “Specific Intent” and “General Intent”
The common law distinguished between general intent and specific intent
crimes. Today, most criminal statutes expressly include a mens rea term, or a
particular state of mind is judicially implied.
[A] Specific Intent – Generally speaking, a “specific intent” offense is one in
which the definition of the crime:
(1) includes an intent or purpose to do some future act, or to achieve some
further consequence (i.e., a special motive for the conduct), beyond the
conduct or result that constitutes the actus reus of the offense, e.g.,
“breaking and entering of the dwelling of another in the nighttime with intent
to commit a felony”; or
(2) provides that the defendant must be aware of a statutory attendant
circumstance, e.g., “receiving stolen property with knowledge that it is
stolen.”
[B] General Intent – An offense that does not contain one of the above
features is termed “general intent,” e.g., battery, often defined statutorily as
“intentional application of unlawful force upon another.” This is a general-intent
crime, for the simple reason that the definition does not contain any specific
intent beyond that which relates to the actus reus itself. The only mental state
required in its definition is the intent to “apply unlawful force upon another,” the
actus reus of the crime.
COMMON LAW- Elements of a crime
 Defense/Prosecution is required to prove the following factors to defend/establish
a crime
o Actus Reus
 Wrongful/Guilty act
 MPC definition- “voluntary act or omission” not including
o Reflex or convulsion
o Bodily movement during unconsciousness or sleep
o Hypnosis
o Movement NOT a product of effort or
determination either conscious or habitual
 The physical taking of someone’s book
 The guilty asportation of another’s belongings

o Mens rea
 Guilty intent
 The mindset of taking another’s book
o Attendant circumstances

An element of the offense at which doesn’t apply to Actus Reus or
Mens Rea
 Burglary
 Breaking and entering of a location at night
o The defense is require
 Grand larceny
 The value of the object will be put into consideration
o Potentially other elements, such as
 Causation
 Concurrence
 At the moment where above elements happen at the same
time
MODEL PENAL CODE – Elements of a crime
 Conduct, attendant circumstances, or result of conduct that
o Is included in the description of forbidden conduct
o Establishes culpability
 All regrettable
 Shouldn’t have happened
 Excuse present
 Insane
 Minor
o Negates an excuse or justification
o BUT NOT negates a defense under Statute of Limitations
o BUT NOT establishes jurisdiction