Some crimes require a Specific Intent. Where specific intent is an element of a crime, it must be proved by the prosecution as an independent fact. For example, Robbery
is the taking of property from another's presence by force or threat of
force. The intent element is fulfilled only by evidence showing that
the defendant specifically intended to steal the property. Unlike
general intent, specific intent may not be inferred from the commission
of the unlawful act. Examples of specific-intent crimes are
solicitation, attempt, conspiracy, first-degree premeditated murder,
assault, Larceny, robbery, burglary, forgery, false pretense, and Embezzlement.
Most
criminal laws require that the specified crime be committed with
knowledge of the act's criminality and with criminal intent. However,
some statutes make an act criminal regardless of intent. When a statute
is silent as to intent, knowledge of criminality and criminal intent
need not be proved. Such statutes are called Strict Liability laws. Examples are laws forbidding the sale of alcohol to minors, and Statutory Rape laws.
The
doctrine of transferred intent is another nuance of criminal intent.
Transferred intent occurs where one intends the harm that is actually
caused, but the injury occurs to a different victim or object. To
illustrate, the law allows prosecution where the defendant intends to
burn one house but actually burns another instead. The concept of
transferred intent applies to Homicide, battery, and Arson.
Felony-murder
statutes evince a special brand of transferred intent. Under a
felony-murder statute, any death caused in the commission of, or in an
attempt to commit, a predicate felony is murder. It is not necessary to
prove that the defendant intended to kill the victim. For example, a
death resulting from arson will give rise to a murder charge even though
the defendant intentionally set the structure on fire without intending
to kill a human being. Furthermore, the underlying crime need not have
been the direct cause of the death. In the arson example, the victim
need not die of burns; a fatal heart attack will trigger a charge of
felony murder. In most jurisdictions, a death resulting from the
perpetration of certain felonies will constitute first-degree murder.
Such felonies usually include arson, robbery, burglary, rape, and
kidnapping.