Specific Intent

• Author: Jeffrey Lehman, Shirelle Phelps

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The mental purpose, aim, or design to accomplish a specific harm or result by acting in a manner prohibited by law.

The term specific intent is commonly used in criminal and TORT LAW to designate a special state of mind that is required, along with a physical

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act, to constitute certain crimes or torts. Specific intent is usually interpreted to mean intentionally or knowingly. Common-law LARCENY, for example, requires both the physical act of taking and carrying away the property of another and the mental element of intent to steal the property. Similarly, common-law BURGLARY requires breaking and entering into the dwelling of another with an intent to commit a felony therein. These crimes and others that require a specific-intent element are called specific-intent crimes and are distinguished from general-intent crimes. General-intent crimes require only a showing that the defendant intended to do the act prohibited by law, not that the defendant intended the precise harm or the precise result that occurred.

Courts have defined specific intent as the subjective desire or knowledge that the prohibited result will occur (People v. Owens, 131 Mich. App. 76, 345 N.W.2d 904 [1983]). Intent and motive are commonly confused, but they are distinct principles and differentiated in the law. Motive is the cause or reason that prompts a person to act or fail to act. Intent refers only to the state of mind with which the act is done or omitted. Because...