Is there any case law that supports the argument that the rape of an intoxicated person is a specific intent crime?

California, United States of America


The following excerpt is from People v. Erpinar, G049153 (Cal. App. 2015):

Thus, while evidence of voluntary intoxication is inadmissible to negate the existence of general criminal intent, such evidence is admissible to negate the existence of specific intent. (People v. Atkins (2001) 25 Cal.4th 76, 80-81.) "'When the definition of a crime consists of only the description of a particular act, without reference to intent to do a further act or achieve a future consequence, we ask whether the defendant intended to do the proscribed act. This intention is deemed to be a general criminal intent. When the definition refers to defendant's intent to do some further act or achieve some additional consequence, the crime is deemed to be one of specific intent.' [Citation.] General criminal intent thus requires no further mental state beyond willing commission of the act proscribed by law." (People v. Sargent (1999) 19 Cal.4th 1206, 1215.)

Rape of all forms is a general intent crime because it requires only the perpetrator's criminal intent to commit sexual intercourse without the victim's consent. (People v. Linwood (2003) 105 Cal.App.4th 59, 70.) The knowledge requirement under Penal Code section 261, subdivision (a)(3) for rape of an intoxicated person does not refer to a defendant's intent to do an act or achieve a consequence in addition to the general intent to commit sexual intercourse without the victim's consent. "Rape of an intoxicated person ([Pen. Code,] 261, subd. (a)(3)) is a general intent crime. [Citation.]

Page 31

This is so even though there is an additional knowledge requirementthat 'the accused either must have known or reasonably should have known of the victim's particular condition that precluded consent.' [Citations.] In other words, the general intent and knowledge requirements are separate elements, and the latter does not transform rape of an intoxicated person into a specific intent crime." (People v. Braslaw (2015) 233 Cal.App.4th 1239, 1248-1249.)

Other Questions


Is there a specific intent for a non-specific-intent crime? (California, United States of America)
Is a jury's instruction that a crime requires specific intent not specific intent invalidating a defendant's due process under the US Constitution? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
Is it a federal error that crime requires general not specific intent rather than specific intent? (California, United States of America)
What is the test for a finding that a crime committed by appellant was committed with the specific intent to commit a crime against a specific gang member? (California, United States of America)
Is sexual penetration a specific intent crime rather than a general intent crime? (California, United States of America)
What is the effect of referring to count 3 as a specific intent crime rather than a general intent crime? (California, United States of America)
Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
Is the intent of an aider and abettor to facilitate the commission of a specific intent crime necessarily the intent to achieve a future consequence? (California, United States of America)
What is the difference between the mental state required for a conviction of a specific intent crime and that of those convicted of a general intent crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.