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 Court of Appeals determined that the doctrine of transferred intent was not necessary to resolve the case, and concluded that the circumstantial evidence established that appellant intended to cause fear of immediate bodily harm or death to all five victims.
indirect causation and transferred intent also may support a first
fatal wound, transferred intent involves an unexpected destination.
If the transferred intent doctrine is applicable when
causation and transferred intent doctrines, (218) and loosened the
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.
The answer is "yes" under the doctrine of transferred intent.
The rationale for the transferred intent doctrine was clearly expressed by the court in People v.
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.