What is the difference between intent and motive in a sexual assault case?

California, United States of America


The following excerpt is from People v. Hernandez, D067440 (Cal. App. 2015):

Our state high court has clearly stated that intent and motive are distinct: intent is the mental state required for the crime and motive is the reason a criminal chooses to commit a crime. This may at times be a fine distinction, but it is a valid distinction nonetheless. The instruction in this case required the jury to find defendant had the mental state (intent) to sexually arouse or appeal to the sexual desires of himself or the victims to convict; it did not require the jury to find underlying reasons (motive) behind defendant's decision to act in this manner, such as a specific infatuation with the victims or a general predilection towards pedophilia. This particular specific intent "is no more a 'motive' in legal terms than is any other specific intent. We do not call a premeditated murderer's intent to kill a 'motive,' though his action is motivated by a desire to cause the victim's death." (People v. Fuentes, supra, 171 Cal.App.4th at p. 1139.)

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