New Mexico Jury Instruction - First Degree Murder - Premeditated Murder - Transferred Intent
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FAQ
If A tries to kill B but kills C instead, A is guilty of murder by the doctrine of transferred intent.
The implications of applying transferred intent to attempted murder, a specific intent crime, are substantial. 39. No law requires, however, that proof of the ability to kill is necessary to proving a specific intent to kill. There is no language in either § 30-28-1 or § 30-2-1 that speaks of ability to kill.
Federal and state homicide crimes may use different terminology. Generally, most first-degree murder laws include that the defendant purposefully or willfully, with deliberation and premeditation, caused the death of another person. Federal law and some states also require malice aforethought as an element.
The felony-murder rule may be conceptualized as a theory of "transferred or constructive intent. '42 This theory posits that the intent to commit the felony is "transferred" to the act of killing in order to find culpability for the homicide.
"Aberratio ictus means the going astray or missing of the blow. It is not a form of mistake. X has pictured what he is aiming at correctly, but through lack of skill, clumsiness or other factors he misses his aim, and the blow or shot strikes somebody or something else."
First-degree murder is a capital felony punishable by life imprisonment without parole. Defenses to first-degree murder include acting in response to a sufficient provocation, in defense upon a sudden fight, or in the heat of passion. If these defenses are successful, the crime may be reduced to second-degree murder.
The transferred intent doctrine does not apply to intentional infliction of emotional distress, except in some states that recognize the following situations: A victim's immediate family member is hurt by the defendant's conduct while they are a bystander.
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.