California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawMedium
A client, a technician, is frustrated with his slow computer. In a moment of anger, he slams his fist down on the keyboard, damaging several keys. He did not intend to break the keys, but merely lashed out in frustration. He is charged with malicious mischief (vandalism). Which of the following best describes the mens rea required for this crime in this scenario?
- ARecklessness, because he consciously disregarded a substantial risk of damaging the keyboard.
- BSpecific intent, because he intended to cause the specific damage to the keys.
- CNegligence, because he should have known that striking the keyboard could cause damage.
- DGeneral intent, because he intended to strike the keyboard, and damage was a natural result.
Show answer & explanationAnswer & explanation
Correct answer: D. General intent, because he intended to strike the keyboard, and damage was a natural result.
Malicious mischief is typically a general intent crime. This means the prosecution must prove that the defendant intended to perform the physical act, which in this case was slamming his fist on the keyboard. The resulting damage, even if not precisely intended, flows from that intended act.
Why the other options are wrong
- A. Recklessness implies a conscious disregard of risk, which is a lower standard than general intent, where the act itself is intended.
- B. Specific intent requires an intent to achieve a particular result, which the client explicitly did not have regarding the broken keys.
- C. Negligence is the lowest standard, involving a failure to perceive a risk, and is generally not sufficient for malicious mischief.
General Intent (Criminal Law)
The intent to perform the physical act that constitutes the crime, without necessarily intending a specific outcome beyond that act.
- Applies to most common law crimes.
- Does not require a specific purpose or objective.
- Distinguished from specific intent, which requires an intent to achieve a particular result.
- Examples include battery, arson, rape, and malicious mischief.
Memory trick: My mind has different degrees of criminal intent.