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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Under the theory of transferred intent, Robinson was criminally responsible for the death.
appealed, arguing that mutual combat is not a criminal offense in South Carolina and that transferred intent does not apply in the context of mutual combat.
1st DCA 1993), the First District rejected the contention that the doctrine of transferred intent is applicable only where the defendant entirely misses the intended victim and hits the unintended victim.
The doctrine of transferred intent may not apply to the crime of Attempted First Degree Murder.
Safety (Renville County) https://mn.gov/law-library-stat/archive/ctappub/201/OPa170552-01.pdf   Criminal Unpublished   Assault Intent Appellant challenged his first- and second-degree-assault (fear) convictions, arguing that the District Court improperly applied the doctrine of transferred intent. The District Court reasoned that appellant assumed criminal liability for his actions by firing a gun into a crowded area and concluded that it was a natural and probable consequence that anyone in the area was both in danger and could reasonably fear immediate bodily harm or death.
Applying the doctrine of transferred intent, the district court reduced the charge regarding the unintended victim to aggravated battery and certified a question:
indirect causation and transferred intent also may support a first
If such criminal intent towards the mother is proved, then the defendant also will be held responsible for the harm done to the unborn baby, under the doctrine of "transferred intent." 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.
Parts III and IV will proceed to discuss two instances, causal overdetermination and transferred intent, in which courts have been forced to contort legal concepts in attempting to rule out fortuities.
South Carolina courts typically have applied the doctrine of transferred intent to murder cases in which a bystander, rather than the intended victim, was killed.
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.