General Intent vs. Specific Intent
The intent of the accused is ALWAYS at the forefront of an investigation and/or the jury’s mind. Therefore, it is important to understand the difference between general intent crimes and specific intent crimes.
CRIMINAL SEXUAL CONDUCT – ALL DEGREES
- GENERAL INTENT – A crime that requires “general intent” of the accused means that the prosecution only has to prove that the accused meant to do an act prohibited by law. Whether the defendant intended the act’s result is irrelevant.
- SPECIFIC INTENT – A “specific intent” crime requires that the accused intentionally committed an act and intended to cause a particular result when committing that act. Circumstantial evidence can be used to show/prove the intent of the accused.
A LIST OF SEX CRIMES & THE “INTENT” REQUIRED TO PROVE EACH CRIME:
First Degree Criminal Sexual Conduct – CSC 1st Degree: General Intent Crime
Second Degree Criminal Sexual Conduct – CSC 2nd Degree: General Intent Crime
Third Degree Criminal Sexual Conduct – CSC 3rd Degree: General Intent Crime
Fourth Degree Criminal Sexual Conduct – CSC 4th Degree: General Intent Crime
Assault with Intent to Commit Criminal Sexual Conduct Second Degree: Specific intent crime