General Intent or Specific Intent in Utah Criminal Cases

Stone River Law – Criminal Defense Team

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The terms “general intent” and “specific intent” are used commonly in discussing the mens rea (mental state) elements of various crimes. The terminology has a long history in American courts and English common law can be useful in informal discussions. As a defense attorney, keep in mind that Utah law no longer makes use of this particular distinction.

Traditional Legal Standards

Under traditional definitions, a “general intent” crime was one in which the only required mental state was the intent to commit the act. For example, the elements of a misdemeanor trespass charge could be met with evidence that a person willfully entered property belonging to another without permission to do so. Accidental entry (e.g., tripping and falling or being pushed over a property line) might not constitute trespass. But if the person entered the property as a result of volitional conduct, the intent element of a trespass charge could be met.

Burglary is often cited as an example of a “specific intent” crime, involving the elements of a trespass (entering or remaining unlawfully on property belonging to another), bust also with an additional intent element. Specifically, a conviction for burglary requires evidence that the person had the intent to commit a theft, assault, or other felony crime while entering or remaining unlawfully on the property.

The United States Supreme Court’s Perspective

The United States Supreme Court has observed. โ€œAt common law, crimes generally were classified as requiring either โ€˜general intentโ€™ or โ€˜specific intent.โ€™ This venerable distinction, however, has been the source of a good deal of confusion.โ€ United States v. Bailey, 444 US 394, 403 (1980). After describing various different and conflicting ways in which the terms have been used, the Court noted,

โ€œThis ambiguity has led to a movement away from the traditional dichotomy of intent and toward an alternative analysis of mens rea… [in which] the ambiguous and elastic term โ€˜intentโ€™ is replaced with a hierarchy of culpable states of mind… commonly identified, in descending order of culpability, as purpose, knowledge, recklessness, and negligence.โ€

Id. at 403-404 (citations omitted).

Utah’s Mens Rea Rule – Utah Code 76-2-101

While the terms are still commonly used, โ€œUtahโ€™s criminal code no longer applies the labels of specific intent and general intent.โ€ State vi Hutchings, 2012 UT 50, ยถ14 n.3. Instead, Utahโ€™s criminal code provides that, except for strict liability offenses, criminal responsibility attaches only when โ€œthe person acts intentionally, knowingly, recklessly, with criminal negligence, or with a mental state otherwise specified in the statute defining the offense.โ€  Utah Code ยง76-2-101(1) (emphasis added).