General Intent

• Jurisdiction: Maryland

IX. General intent

General intent is sometimes used to refer to all offenses that are not at either end of the mens rea spectrum. As such, general intent includes everything, except specific intent offenses at the one end of the spectrum, and strict liability offenses at the other end of the spectrum. General intent includes, in its broadest sense, knowledge, gross negligence or recklessness, negligence, and other general intents. Typically, general intent means nothing more than the general intent to accomplish the prohibited actus reus. In Wieland, 101 Md. App. at 38, the Court of Special Appeals stated that a crime requires only a general intent, and not a specific intent, when there is no requirement for an additional purpose beyond accomplishing the act itself.

When a statute does not expressly provide for a mental state, courts usually interpret the statute to provide for a general intent. Harris v. State, 353 Md. 596, 606 (1999); United States v. Martinez, 49 F.3d 1398, 1401 (9th Cir. 1995). Courts examine each offense on an ad hoc basis. Wieland, 101 Md. App. at 37. Rape is a general intent offense, meaning that the act of sexual intercourse becomes rape when it is committed by force or threat of force and without consent.

Offenses with general intent in their mens rea

Crimes against habitation
Fourth degree burglary (B & E) of a dwelling	General intent to break & enter without authorization (Md. Code Ann., Crim. Law § 6-205(a))
Fourth degree burglary (B & E) of a storehouse	General intent to break & enter without authorization (Md. Code Ann., Crim. Law § 6-205(a))
Weapons offenses
Deadly weapon on school property	General intent to carry or possess a firearm, knife, or other deadly weapon on school property (Md. Code Ann., Crim. Law § 4-102)
Transfer of switchblade	General intent to transfer (Md. Code Ann., Crim. Law § 4-105)
Wearing bulletproof body armor prohibited	General intent to wear armor + general intent to commit crime of violence or drug trafficking (Md. Code Ann., Crim. Law § 4-106(b) & (c))
Assault pistols prohibited	General intent to possess, transport, or transfer an assault pistol (Md. Code Ann., Crim. Law § 4-303)
Use of a machine gun in a crime of violence	General intent to use a machine gun (Md. Code Ann., Crim. Law § 4-404(a))
Crimes against persons
First degree assault (firearm)	Specific intent to cause fear of imminent offensive contact, specific intent to cause offensive contact, or gross negligence or reckless disregard for another's person by offensive contact + general intent to use a firearm (Md. Code Ann., Crim. Law § 3-202)

Carjacking	General intent to obtain unauthorized control of a vehicle (Md. Code Ann., Crim. Law § 3-405(b))
Armed carjacking	General intent to obtain unauthorized control of a vehicle by use of a dangerous weapon (Md. Code Ann., Crim. Law § 3-405(c))
Common law false imprisonment	General intent to confine (Midgett v. State, 216 Md. 26, 39 (1958))
Second degree child physical abuse	General intent of malicious act or cruel or inhumane treatment (Md. Code Ann., Crim. Law § 3-601(d))
First degree child physical abuse	General intent of malicious act or cruel or inhumane treatment (Md. Code Ann., Crim. Law § 3-601(b))
Second degree physical abuse of a vulnerable adult	General intent of...