Jury Instruction - On or about - Knowingly - Only When Willfulness or Specific Intent is Not an Element
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FAQ
In general, every crime involves three elements: first, the act or conduct (actus reus); second, the individual's mental state at the time of the act (mens rea); and third, the causation between the act and the effect (typically either "proximate causation" or "but-for causation").
As used in the statute, the term "knowingly" requires only that the defendant acted with knowledge of the falsity.As in other situations, to commit an act "knowingly" is to do so with knowledge or awareness of the facts or situation, and not because of mistake, accident or some other innocent reason.
The important difference between willfully as defined in this instruction and the most frequently used definition of knowingly, as stated in Instruction 5.02, is that willfully requires proof beyond a reasonable doubt that the defendant knew his or her conduct was unlawful and intended to do something that 16 Page 17
Specific intent refers to offences where intention is necessary to satisfy mens rea. Basic intent refers to offences where either intention or recklessness will satisfy mens rea.
Three types of criminal intent exist: (1) general intent, which is presumed from the act of commission (such as speeding); (2) specific intent, which requires preplanning and presdisposition (such as burglary); and (3) constructive intent, the unintentional results of an act (such as a pedestrian death resulting from
The term knowingly, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
Intent generally refers to the mental aspect behind an action.In Criminal Law, criminal intent, also know as mens rea, is one of two elements that must be proven in order to secure a conviction (the other being the actual act, or actus reus). Some jurisdictions further classify intent into general and specific.
The Model Penal Code divides criminal intent into four states of mind listed in order of culpability: purposely, knowingly, recklessly, and negligently.
