What are the elements of a crime - Criminal Intent?

Every crime is composed of certain elements. Common among all crimes are the physical and mental characteristics of the defendant in failing to comply with the criminal law. These are known as the "Actus Reus" and "Mens Rea".

What is Actus Reus? 

Actus Reus is a Latin phrase meaning, guilty act. This element simply means that the individual committed the act proscribed by the statute. In some cases, a threat to act or a failure to act constitutes the crime. In any event, the defendant must be responsible for that action or inaction.

• Example: If an individual is involuntarily intoxicated, this may negate the actus reus. If someone slips drugs in a person's drink unknowingly, it may excuse the voluntary act required to find a person guilty of a criminal offense. That is, she may not have control over her physical actions necessary to satisfy the actus reus. The act of voluntary intoxication, however, will not excuse the actus reus. Voluntarily drinking or taking medications is a sufficient act.

What is Mens Rea? 

Mens rea is a Latin phrase meaning a guilty mind. 

This generally means that there must be some mental intent to commit the act that is wrongful under the law. 

General intent crimes simply require that the individual intend to do the act that constitutes a crime, without specific intent as to the results of the harmful action.

What is Criminal Negligence?

If an actor intends a physical act that is negligent under the circumstances, she may be criminally liable for the harm resulting from the action. Generally, the action must pose a foreseeable risk of harm and the actors failure to observe due care brings about that harm.

• Example: Bob is driving while texting on his phone. He takes his eyes off of the road and accidentally strikes a pedestrian who is killed. In this instance, he may be criminally negligent.

What is a Strict Liability Crime? 

This type of crime does not require a defendant's mens rea. That is, if an individual undertakes an action, regardless of whether there was intent, she is criminally liable.

• Example: An individual who has sexual intercourse with someone under the legal age of consent may be convicted of statutory rape. It does not matter if the defendant believed that the other person was above the legal age of consent. A strict liability crime looks solely at the action and not the intent of the parties.

What is a Specific Intent Crime?

Specific intent crimes require that the individual have the intent to achieve that harmful result or be indifferent or reckless with regard to the probable results of her conduct. 

The specific intent requirement is generally satisfied if the defendant acts recklessly with regard to the potential harm that could result from her actions or inactions. 

What is an Intentional Crime? 

The actor intends the physical act and the likely result of that act constituting a crime.

• Example: Tom intentionally provides false information to a bank when applying for a line of credit. When the bank learns of the false information, it presses charges against Tom for fraud. If Tom is able to demonstrate that he did not know that the information was false, it will negate the specific intent required for a charge of fraud.

What is Criminal Recklessness?  

An actor may be criminally liable for undertaking an action without regard for the potential harm to persons or property. Generally, the actor must understand the substantial risk and consciously disregard it.

• Example: Merrick is anxious to try out his new bow and arrow. He walks outside and fires an arrow straight up into the air. Merrick lives in the city and the area is densely populated. He knows that it is a substantial risk that the arrow will strike someone, but he disregards this risk. He will likely be criminally reckless if that arrow strikes someone.

What are Lesser-Included Offenses?

In some instances, a guilty act may constitute more than one crime. 

This may be the case when one crime is a lesser-included offense of another crime. 

That is, less than all of the elements required for one crime may meet all of the elements of another crime. 

For example, theft may be a lesser-included crime of burglary. 

A general intent crime may be a lesser-included offense of a specific intent crime. 

Related Topics

• Criminal Law (Intro)
• What is Criminal Law?
• What are the elements of a crime?
• Classifications of crimes Misdemeanor vs Felony Criminal Charges?
• What is the process of bringing criminal charges?
• Cease and Desist Order
• What is the process for executing an arrest?
• What are the exceptions to reading Miranda Rights?
• What is the process for initiating criminal charges?
• Prima Facie
• What is the Arraignment and Initial Appearance
• Investigation - Subpoena
• Common Defenses to Criminal Conduct
• Ex. Castle Doctrine
• Types of Punishment for Criminal Activity
• Theories Behind Criminal Punishment
• Federal Sentencing Guidelines
• What are the 4th Amendment protections against Search and Seizure?
• What are the 5th Amendment criminal law protections?
• What are the 6th Amendment criminal law protections?
• What are the 8th Amendment criminal law protections?
• Crimes Against the Property of Others
• Activity Constituting Fraud
• Good Faith as a Defense to Fraud
• Common Types of Business Fraud
• False Statement as a Criminal Charge
• Conspiracy as a Criminal Charge
• Obstruction of Justice as a Criminal Charge
• Aiding and Abetting or Conspiracy to a Crime

• What is a White Collar Crime?
• Lone-back Method of Money Laundering
• Defalcation
• Kiting
• Lapping Scheme

• Whistleblower
• Crimes or Conduct Endangering Workers
• Bribery or Illegal Kickback as a Crime
• Racketeer Influenced and Corrupt Organization Act
• Racketeering
• The False Claims Act
• Sarbanes Oxley Act
• What is Cyber Crime
• Phishing