California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawMedium
A client, enraged by his neighbor's constant loud parties, decides to silence them permanently. He purchases a powerful rifle and, from his window, fires a single shot into the neighbor's living room, intending to kill anyone inside. The shot misses everyone but strikes and kills the neighbor's pet parrot, which was perched by the window. What is the most appropriate charge for the client regarding the parrot's death?
- AMalicious Mischief
- BMurder of the parrot under the doctrine of transferred intent
- CNo crime, as animals are considered property, and the intent was to kill a human.
- DAttempted Murder
Show answer & explanationAnswer & explanation
Correct answer: A. Malicious Mischief
While the client intended to kill a human, the actual victim was a pet parrot. The doctrine of transferred intent applies when the intended victim is human, and the actual victim is also human. Since a parrot is considered property, the most appropriate charge is Malicious Mischief, which covers the destruction of property with malicious intent.
Why the other options are wrong
- B. Transferred intent typically applies when the intent to kill one human transfers to another human who is accidentally killed. It does not transfer from a human target to an animal/property target for a murder charge.
- C. A crime did occur; the destruction of property with malicious intent constitutes Malicious Mischief.
- D. Attempted Murder would be applicable for the intent to kill a human, but this question asks about the parrot's death.
Malicious Mischief
The willful and malicious destruction of, or damage to, the property of another. The intent is to damage property, not necessarily to harm a person.
- Requires malicious intent
- Involves property damage or destruction
- Property must belong to another
Memory trick: Property's plight, when malice takes flight.