6 Types of Intent

In Criminal Law, intent refers to the mental state or state of mind of a person while committing a criminal act. Intent plays a crucial role in determining the level of culpability and the severity of the charges brought against an individual.

Basic intent: Basic intent, also known as general intent, refers to the intention to commit the criminal act itself. It means that the person acted with a voluntary purpose to engage in the prohibited conduct. For example, involuntary manslaughter is a crime of basic intent which requires gross negligence or recklessness rather than a specific intention to kill someone.

Specific intent: Specific intent, also known as direct intent, goes beyond the mere act itself and involves a particular purpose or objective behind the act. It means that the person not only intended to commit the act but also had a specific goal in mind. In other words, he intends his act to bring about an intended result. Specific intent crimes typically require proof of a conscious desire or awareness to achieve a particular result. For instance, murder is a crime of specific intent which requires the intention to kill some rather than gross negligence or recklessness.

Oblique intent: Oblique intent, also known as indirect intent, occurs when a person intends to harm one individual but ends up harming another person or causing unintended consequences that is virtually certain. The intent is transferred from the original target to the actual victim. For example, a man intends to kill his girlfriend by setting off a bomb on a train. His oblique intent is killing other passengers because it is highly likely that setting off a bomb on a train will also kill other passengers, although he has no intention to kill other people except his girlfriend.

Transferred intent: Transferred intent applies when a person intends to commit a crime against one type of victim but instead commits the same crime against a different victim or a different crime against the same or different victim. It involves transferring the intent from one crime to another or from one target to another. For example, if someone tries to shoot one person but misses and accidentally shoots and harms another person, the intent to commit harm transfers to the unintended victim. The difference between oblique intent and transferred intent is that transferred intent does not require the defendant to be aware that the unintended consequence is highly likely to occur as a result of his actions. It should be noted that the intent to commit a crime cannot be transferred as the intent of a different class of crime unless the different crime committed is a crime of basic intent. For example, if someone intends to kill a person by shooting but misses and the bullet breaks a window, the intent to kill cannot be transferred to criminal damage because criminal damage requires the intention to destroy or damage property. However, if a person commits arson without the intent to endanger life but someone is killed as a result, he could be charged with manslaughter, which is a crime of basic intent.

Ulterior intent: Ulterior intent refers to an additional or secondary intent that may be present when committing a crime. It is an underlying motive that goes beyond the immediate criminal act. While basic intent is the primary intention to commit the act itself, ulterior intent involves an additional purpose behind the act. For example, a person is guilty of aggravated criminal damage, if he intentionally causes damage to property belonging to another to endanger life. The first intent is his intention to cause damage to property. The ulterior intent is his intention to endanger life. If the ulterior intent cannot be proved by the prosecution, the defendant cannot be charged with aggravated criminal damage but simple criminal damage.

Conditional intent: Conditional intent, also known as contingent intent, refers to a type of intent where a person's mental state is based on a specific condition or circumstance. It means that the individual intends to commit a criminal act if certain conditions are met or if specific events occur. If the conditions are not met, the criminal intent cannot be established. For example, a person intends to steal from a bag he found on the street if there is anything valuable in the bag. If there is nothing valuable in the bag, his intent to theft cannot be established. By contrast, if there is something valuable in the bag, his intent to theft is formed.

It is worth noting that real-world cases can be more complex, and determining the type of intent can be subject to interpretation based on the specific circumstances and evidence presented in court. Courts interpret and apply these concepts based on the relevant laws and precedents in their respective jurisdictions.