Theft With Intent
Description
How to fill out Theft Investigation Checklist?
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FAQ
The mental element in the commission of criminal acts--intent--is discussed and illustrated with examples portrayed from investigating officers' perspectives. Criminal intent is defined as the resolve or determination with which a person acts to commit a crime.
In criminal law, intent is a subjective state of mind (mens rea) that must accompany the acts of certain crimes to constitute a violation. A more formal, generally synonymous legal term is scienter: intent or knowledge of wrongdoing.
Knowing criminal intent based upon knowing means an awareness of the consequences. For example, stabbing someone with a knife is done knowingly by an adult when it can be proved that he knew that a knife would pierce the skin of another and cause injury.
Intent is a notoriously difficult element to prove because it is locked inside the defendant's mind. Ordinarily, the only direct evidence of intent is a defendant's confession, which the government cannot forcibly obtain because of the Fifth Amendment privilege against self-incrimination.
Consolidated Theft Intent The Model Penal Code requires purposeful intent for theft by unlawful taking, deception, theft of services, and theft by failure to make required disposition of funds received (Model Penal Code §§ 223.2, 223.3, 223.7, 223.8).