What is the test for intent in a criminal offence?

California, United States of America


The following excerpt is from People v. McNulty, 202 Cal.App.3d 624, 249 Cal.Rptr. 22 (Cal. App. 1988):

We commence our discussion with the observation that " '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.' " (People v. Daniels (1975) 14 Cal.3d 857, 860, 122 Cal.Rptr. 872, 537 P.2d 1232, quoting People v. Hood (1969) 1 Cal.3d 444, 456-457, 82 Cal.Rptr. 618, 462 P.2d 370.)

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