Specific Intent Definition:

A state of mind that exists when the circumstances indicate the offender actively desired the prescribed criminal consequences to follow his act or failure to act.

Related Terms: Mens Rea

In State v Doresy, Justice Gaskins wrote:

"Specific intent is that state of mind that exists when the circumstances indicate the offender actively desired the prescribed criminal consequences to follow his act or failure to act.

"Specific intent is a state of mind and need not be proved as a fact; it may be inferred from the circumstances of the transaction and the actions of the defendant. The determination of whether the requisite intent is present in a criminal case is for the trier of fact."

REFERENCES:

  • State v. Dorsey, 939 So. 2d 608 (Louisiana Court of Appeal, 2006)

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