Keywords: Elements of a Crime, Actus Reus, Mens Rea, Concurrence, Strict Liability Crime, Malicious Crime, General Intent, Specific Intent
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1. The Three Elements of a Crime
In the United States, there are three main elements that must all be proven in order for a crime to be constituted: guilty act (actus reus), guilty intent (mens rea), and concurrence of the previous two elements.
2. Guilty Act (Actus Reus)
Guilty Act, known as actus reus in Latin, is defined as an act or omission of an act that is against the law. For example, the act of stabbing another person is against the law, and is therefore considered a guilty act.
Can I be punished for having criminal thoughts?
All crimes require a guilty act that have taken place in order to be constituted. A person cannot be convicted of a crime when he/she is only thinking about performing the guilty act but the guilty act has never taken place in real world. That is, a person will not be punished for having criminal thoughts.
Can words be considered as guilty acts?
Yes, words can be considered as guilty acts. Perjury, threat, solicitation, and conspiracy are examples of words that are considered guilty acts.
3. Guilty Intent (Mens Rea)
Guilty intent, known as mens rea in Latin, refers to the offender’s mental state when the crime was committed. This element comes from the ancient maxim, ”the act is not guilty unless the mind is guilty.” The offender can only be held culpable when the guilty act is voluntary or purposeful.
The definition of guilty intent has been ambiguous. However, the Modern Penal Code (MPC) defines guilty intent as a person committing a crime (1) purposefully, (2) knowingly, (3) recklessly, or (4) negligently.
Is Motive Equal to Guilty Intent?
Motive refers to the reason why the offender committed the crime and it is not the same as guilty intent (mens rea). Criminal law is not concerned with the motive. That is, the motive does not need to be proved in order to convict someone of a crime, despite the fact that it can strengthen the claims of intent.
4. Concurrence
Generally, in order to constitute a crime, guilty act (actus reus) must precede or occur at the same time with the guilty intent (mens rea).
5. General Intent, Specific Intent, Malicious, and Strict Liability Crimes
The law defines a crime based on the wrongfulness of an offender’s state of mind. Therefore, crimes can be categorized into (1) specific intent crimes, (2) general intent crimes, (3) malicious crimes and (4) strict liability crimes.
(1) Specific intent crimes are those where the offender committed a crime with a specific goal. In this type of crime, there are two levels of intent: (a) intent to commit a crime, and (b) intent to achieve a specific goal. An offender will only be held culpable when both levels of intent are proven.
Examples of specific intent crimes include:
- Burglary
- Robbery
- Aggravated Assault
- Aggravated Battery
(2) General intent crimes are those where the offender simply committed a crime without any particular goal. In this type of crime, the specific goal of the offender does not need to be proven. As a result, general intent crimes typically include those crimes where unlawful acts are the result of negligence or recklessness.
Examples of general intent crimes include:
- Kidnapping
- Involuntary Manslaughter
- Assault
- Battery
(3) Malicious crimes
Malicious crimes are crimes in which the offender acts recklessly in disregard that there is a high risk involved.
Examples of malicious crimes include:
- Arson
- Vandalism
(4) Strict liability crimes
Strict liability crimes are crimes where the guilty mind (mens rea) does not need to be proven in order to convict someone of the crime. In the United States, strict liability typically only applies to minor crimes, such as parking violations.
