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Technically . . no. You may unwittingly commit an act which can be considered criminal, but unless you had the intent to commit it, then no crime occurred.
There are two elements necessary to form a crime.
These two elements are: (1) The criminal intent(Mens Rea) and (2) the criminal act (Actus Reus). If you didn't have the intent to commit the act, then it is not a crime.
Of course, if you are arrested for committing the criminal act, you may have to defend yourself by claiming that you had no intent.
Contrary View:
Absolutely, yes, a person can commit a crime without intending to do so and here are some examples:
Felony murder: If a death occurs during the commission of a felony, such as a bank robbery, the bank robber is guilty of the crime of felony murder even if he had no intent to kill or harm the victim.
Further, if there are several co-conspirators to the robbery, every one of the robbers will be guilty of the crime of felony murder even if the others neither intended to kill the victim or had anything to do with the act of killing the person. Even the guy in the getaway car who isn't in the bank is guilty.
Involuntary Manslaughter: Involuntary manslaughter is sometimes defined as an unintentional homicide committed without excuse or justification under circumstances not manifesting or implying malice. A common example is where one person causes the death of another through the reckless handling of a loaded firearm. One person points a loaded gun at another as a joke, but the gun goes off killing the victim. The shooter never intended to even harm the victim much less kill him, but he is still guilty of the crime of involuntary manslaughter.
Vehicular homicide: Similar to involuntary manslaughter in nature. It occurs where a person drives so recklessly as to cause a homicide without ever intending to do so. In essence it is a crime caused by gross negligence, which is by definition something done without intent.
Quasi-criminal actions: Traffic offenses such as speeding and reckless driving. People can be convicted of such crimes whether or not they intended to speed or drive recklessly. Criminal intent is not an element of such crimes. Sometimes drivers exceed speed limits without even realizing they are doing so, for example when they have a mistaken understanding of what the speed limit is. They did not intend to speed, they may have even been scrupulously staying under what they thought was the legal limit, but they are still guilty of speeding.
Wiki User
∙ 12y ago
Wiki User
∙ 9y agoAnswer this question... committing it without the intent
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Why is intent necessary to solve a crime?
INTENT is not necessary to solve a crime.... intent is necessary to prove a crime. A crime consists of TWO elements and two elements only: A criminal act accompanied by a criminal intent. If you have those two elements together - you have a crime.
Why is it necessary to join intent with an act?
It is necessary to join intent with an act because there may be no intention to commit a crime and your responsibly will be lessened. If there is intent, but no act, there is no crime.
When a person tries several times over to get you fired from your work can he be charged with malicious intent?
No. Malicious intent is not a crime - it is an aspect of a crime. By itself, it is not a crime.
Is having possession of a drug with the intent to supply it a status crime conduct crime or a result crime?
Having possession of a drug with the intent to supply it is generally considered a conduct crime. The crime is committed based on the individual's actions (possession and intent to supply), rather than the result (actual distribution or sale of the drug). The focus is on the person's behavior and intent rather than the outcome of the crime.
What is the intent to commit a crime coupled with a substattial step toward committing a crime?
Intent involves knowing and deliberate actions that move to the end goal of the crime. In criminal law, even if the crime was not culminated (i.e., because the person was caught in the act), the intent serves sufficient to fine/jail/and or incarcerate an individual - the attempt shows an intent to fulfill the crime. To act by intention or design;
What is a judicial definition of crime?
A crime is a criminal act committed with a criminal intent.
What does the preliminary crime of attempt require to intent to commit a crime?
There is no such thing. Even if the crime was unsuccessful in being carried out, the attempt to commit it satisfies the legal requirement of a criminal act accompanied by a criminal intent.
Is a crime always the fault of the person who commits the crime?
If it wasn't their fault, it probably wouldn't be a crime. One of the key components of a crime is intent.
What constitute a crime?
A criminal act accompanied by a criminal intent. You must have BOTH elements in order for it to constitute a crime.
The criminal intent necessary to commit a crime is known as?
the motive
What are the three fundamental elements of a crime?
the act,and criminal intent.
Minor crimes require intent?
ALL crimes require 'intent.' It is one of the two elements necessary to form a crime.
