How to instruct a jury on general intent when a specific intent crime is charged against a defendant?

California, United States of America


The following excerpt is from People v. Hill, 103 Cal.App.3d 525, 163 Cal.Rptr. 99 (Cal. App. 1980):

[103 Cal.App.3d 539] If a specific-intent crime is charged against a defendant, it is generally considered error to instruct on general intent (such as giving CALJIC No. 3.30) since the jury might well convict a defendant on a finding that he simply intentionally did the act components of the offense thus possessing the requisite general intent but without finding that he possessed the specific intent necessary for the crime charged. (See People v. Zerillo (1950) 36 Cal.2d 222, 223 P.2d 223.)

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