transferred intent


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transferred intent

n. in both criminal and tort (civil wrong) law, when an intent to cause harm to one person results in harm to another person instead of the intended target, the law transfers the intent to the actual harm. Examples: With malice aforethought Nate Nogood intends to shoot his girlfriend and misses her, and the bullet hits a passerby, killing him. Nogood may be charged with first degree murder since the intent to commit murder is transferred to the actual crime. Steve Swinger takes a punch at Harvey Hasgood, his hated enemy, misses Hasgood and hits Hasgood's date, Teri Truehart in the nose, breaking it. Truehart can not only sue Swinger for damages due to the assault, but can claim punitive damages because the malice against Hasgood attaches to the hit upon Truehart. (See: intent)

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The doctrine of transferred intent has been raised in reference to
As the House Judiciary Committee explained in its official report on the bill, transferred intent is a well-established principle in the law.
It appears that the doctrine of transferred intent, under which the intent to harm one person is transferred to another person who is accidentally injured, does not extend to the intentional injury exclusion.
The doctrine of transferred intent has been raised in reference to the intent requirements of [section] 1956.
A final issue of transferred intent has been raised in reference to the intent requirements of [sections] 1956.
As the House Judiciary Committee report explains, transferred intent is a well-established principle in the law.
In that respect the Act is consistent with the well-settled criminal law doctrine of transferred intent, which provides that when an individual acts with the intent to harm one person, and during the course of the offense hurts another, the law considers the perpetrator to be just as guilty of harming the second as the first.
Transferred intent would allow a defendant who did not design the transaction to be convicted based upon the intent of the designer.
Y 1992) (holding that Act does not improperly incorporate doctrine of transferred intent because criminal liability depends on proof that defendant, not another individual, knew that proceeds involved in particular transaction stemmed from unlawful activity), remanded on other grounds sub nom.
1992) (Act does not improperly incorporate doctrine of transferred intent as criminal liability depends on proof that defendant, not another individual, knew that proceeds involved in particular transaction stemmed from unlawful activity), remanded on other grounds sub nom.
A final issue that has been raised in reference to the intent requirements of [sections] 1956 is that of transferred intent.
A final issue that has been raised in reference to the intent requirements of section 1956 is that of transferred intent.