What is the test for "willfully" application of a criminal statute?

MultiRegion, United States of America

The following excerpt is from U.S. v. Garcia, 751 F.2d 1033 (9th Cir. 1985):

In a criminal statute, "willfully" generally means a voluntary, intentional violation of a known legal duty in bad faith or with evil purpose. See United States v. Pomponio, 429 U.S. 10, 11-12, 97 S.Ct. 22, 23-24, 50 L.Ed.2d 12 (1976) (per curiam); United States v. Bishop, 412 U.S. 346, 360, 93 S.Ct. 2008, 2017, 36 L.Ed.2d 941 (1973). A general intent to commit the proscribed act is not enough; a specific intent to do something the law forbids is required. See United States v. Wilson, 631 F.2d 118, 119 (9th Cir.1980). The definition of "misapplication" suggests a similar element: "[i]mproper, illegal, wrongful, or corrupt use [or] application of funds, property, etc." Black's Law Dictionary 901 (5th Ed.1979).

Other Questions


If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
What is the current state of the law on "willfulness" in a criminal statute containing an ambiguous "willness" element? (MultiRegion, United States of America)
Does the statute of limitation for filing an application under section 2255(f) of the Criminal Code require a year to file the application? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
What is the impact of the interpreter at the hearing of an applicant's application for a disability benefits application? (MultiRegion, United States of America)
What is the applicable standard of review for the purpose of determining an applicant's application for employment? (Canada (Federal), Canada)
What is the current state of the law on "ambiguity" between criminal statutes and the federal criminal code? (MultiRegion, United States of America)
What are the limits on the amount of time that a court can extend an application to extend the application for an extension of the application? (Canada (Federal), Canada)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.