What are the labels 'specific intent' and 'general intent' used to describe the crime of selling a dangerous drug?

California, United States of America


The following excerpt is from People v. Daniels, 116 Cal.Rptr. 873, 42 Cal.App.3d 483 (Cal. App. 1974):

Actually, the labels 'specific intent' and 'general intent' are of little utility because the meaning of those terms vary with the context in which they are used. (See People v. Hood, 1 Cal.3d 444, 456, 82 Cal.Rptr. 618, 462 P.2d 370; People v. Rocha, 3 Cal.3d 893, 897, 92 Cal.Rptr. 172, 479 P.2d 372.) If we must characterize the crime of selling a restricted dangerous drug as one or the other, we are compelled to the conclusion that it is a general intent crime. '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 defendant's intent to do some further act or achieve some additional consequence, the crime is deemed to be one of specific intent.'

Page 877

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