Criminal Law: Transferred Intent

Transferred intent:
  • If D intends a harmful result to a particular person/object and, in trying to carry out that intent, caused a similar harmful result to another person or object, her intent will be transferred from the intended person or object to the one actually harmed. (intent follows the bullet)
    • Most commonly applies to homicide, battery, and arson.
    • DOES NOT APPLY to attempt.
      • EX: A shoots at B, intending to kill him. A has bad aim. She misses B and hits C, killing him. Is A guilty of C's murder? YES. Her intent to kill B transfers to C. A may also be guilty of the attempted murder of B.
      • EX: A shoots at B, intending to kill him. She hits C, only wounding him. While A may be guilty of attempted murder of B, is she also guilty of attempted murder of C? NO. Transferred intent does not apply to attempt.