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Concept Breakdowns

Specific Intent vs General Intent Crimes

These flashcards cover the distinction between specific intent and general intent crimes, one of the most tested mens rea classifications on the bar exam and in law school finals. Specific intent crimes require proof that the defendant acted with a particular purpose or desired result, while general intent crimes only require intent to perform the act itself. This distinction is critical for analyzing defenses like voluntary intoxication and mistake of fact, which apply differently based on intent category.

Interactive Deck

5 Cards
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What defines a specific intent crime?

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Specific intent crimes require the defendant to have a particular subjective purpose or desired outcome beyond just performing the act.

  • Examples: first-degree murder (premeditation), burglary (entry with intent to commit a felony inside), larceny (intent to permanently deprive)
  • Key: the defendant must consciously desire a specific result or future act
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What defines a general intent crime?

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General intent crimes only require intent to perform the prohibited act itself — the prosecution need not prove any further purpose or desired result.

  • Examples: battery, rape (common law), kidnapping
  • Defendant must only have intended the act, not the consequence
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Why does the specific vs general intent distinction matter for defenses?

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The classification determines which defenses are available:

  • Voluntary intoxication: valid defense for specific intent crimes only — reduces capacity to form the required purpose
  • Mistake of fact: unreasonable mistakes can negate specific intent; only reasonable mistakes negate general intent
  • Diminished capacity: more readily accepted for specific intent crimes
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Name four crimes classified as specific intent crimes.

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How does the MPC treat specific vs general intent?

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Frequently Asked Questions

What crimes are specific intent crimes on the bar exam?

The most frequently tested specific intent crimes include first-degree murder, burglary, larceny, robbery, solicitation, conspiracy, assault (attempted battery type), and attempt. These crimes require proof that the defendant acted with a particular purpose beyond the physical act itself.

Can voluntary intoxication be a defense to battery?

No. Battery is a general intent crime, so voluntary intoxication is not a valid defense. Voluntary intoxication only negates the required mental state for specific intent crimes, where the defendant must have consciously desired a specific result or future act. Courts reason that getting drunk does not eliminate general awareness of actions.

What is the difference between specific intent and strict liability?

Specific intent crimes require the highest level of mens rea — the defendant must have a particular purpose or desired outcome. Strict liability crimes require no mens rea at all — the defendant is guilty simply by committing the act, regardless of intent or knowledge.

  • Specific intent example: first-degree murder
  • Strict liability example: statutory rape, regulatory offenses