Can a jury be found to have found that child abuse was a general intent crime?
California, United States of America
The following excerpt is from People v. Alvisar, F064413 (Cal. App. 2013):
concedes, the trial court erred by instructing jurors, pursuant to CALCRIM No. 252, that child abuse was a general intent crime. (Cf. People v. Rogers (2006) 39 Cal.4th 826, 872-873.) However, the trial court correctly instructed, pursuant to CALCRIM No. 821, that jurors must find defendant criminally negligent in order to convict him on count 2. Accordingly, the question to be decided is whether the conflicting instructions resulted in prejudice.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is sexual penetration a specific intent crime rather than a general intent crime? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
What is the difference between the mental state required for a conviction of a specific intent crime and that of those convicted of a general intent crime? (California, United States of America)
What is the difference between a general intent crime and a specific intent crime? (California, United States of America)
What is the effect of referring to count 3 as a specific intent crime rather than a general intent crime? (California, United States of America)
Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
How to instruct a jury on general intent when a specific intent crime is charged against a defendant? (California, United States of America)
Does the Attorney General's opinion that a professional must report non-abusive behavior to a minor violate the child abuse victim's right to privacy? (California, United States of America)
Does a general intent crime require specific intent? (California, United States of America)
Is a lesser included offence of misdemeanor child abuse of counts 2 and 3 (felony child abuse) the same category? (California, United States of America)
