How have courts interpreted the phrase "state of mind" in the definition of a criminal offence?

California, United States of America


The following excerpt is from People v. Arce, 261 Cal.Rptr.3d 180, 47 Cal.App.5th 700 (Cal. App. 2020):

Finally, appellant argues that the challenged phrase "does not articulate what the accuseds state of mind must be with respect to the furtherance of gang activity." However, he concedes that "[e]ven though it is not explicitly mentioned, the specific intent to further gang activity is implicit." Appellant is correct. "When the definition of a crime consists of only the description of a particular act, without reference to intent to do a further act or achieve a future consequence, we ask whether the defendant intended to do the proscribed act. This intention is deemed to be a general criminal intent. When the definition refers to defendants intent to do some further act or achieve some additional consequence, the crime is deemed to be one of specific intent." ( People v. Hood (1969) 1 Cal.3d 444, 456457, 82 Cal.Rptr. 618, 462 P.2d 370.)

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