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Letter T
criminal procedure

Transferred Intent

A doctrine that holds a defendant liable when they intend to harm one victim but accidentally injure another, treating the intent as transferred to the actual victim.

Encyclopedia entry: Transferred Intent

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transferred intent

Transferred intent is used when a defendant intends to harm one victim, but then unintentionally harms a second victim instead. In this case, the defendant's intent transfers from the intended victim to the actual victim and can be used to satisfy the mens rea element of the crime that the defendant is being charged with. The transferred intent doctrine is only used for completed crimes, and is not used for attempted crimes.

[Last reviewed in June of 2024 by the Wex Definitions Team
]

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Encyclopedia content from Cornell LII Wex (CC-BY-NC-SA 2.5).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.