C: Mens Rea (mental state for an offense (MPC: (Knowingly (willful…
C: Mens Rea
mental state for an offense
Intent: purpose to cause a certain result or to purposefully engage in certain prohibited conduct.
intends if one knows to a virtual certainty that one's actions will cause that social harm.
Cannot be proven by 3rd party
Transferred Intent: Intent to do one crime transfers to an unintended victim. bad aim case
Still can be charged for FMR
D would be legally treated as though committed intentionally the crime to the unintended victim b/c intent is transferred. would be accused of murder under transfer intent
intent to do act with intent or purpose
to prove intent: Natural and probable consequences:
absolute proof of intent is lacking
N&PC infers intent by surrounding, circumstances, manner and instrument that produces death or harm.
ex. placing of bomb in airport. MR: absolute knowledge people will die by bomb = intent to kill
intent to voluntary engage in the act
aware of the fact or correctly believes it exists
omits knowledge and took actions to ignore facts: high prob knowledge exists and deemed to have knowledge
willful blindness or deliberate ignorance: shuts his eyes to an obvious means of knowledge.
Any of the above is presumed when no MR is specified
Prosecutor needs to prove beyond reasonable doubt