FOCL Practice Test

Which term best describes the concept where intent is transferred from one victim to another in criminal law?

1. Implied intent

2. Transferred intent

3. Constructive intent

4. Negligent intent

The correct answer is: Transferred intent

The appropriate term that describes the concept where intent is transferred from one victim to another in criminal law is transferred intent. This legal doctrine allows for a defendant to be held liable for the harm caused to an unintended victim when the intent to harm was directed at a different individual. For instance, if a person intends to shoot a specific target but accidentally hits a bystander instead, the law recognizes the intent to harm as applicable to the bystander. This principle serves to ensure that individuals cannot evade responsibility for their actions simply because they mistakenly harmed someone other than their intended target. It promotes accountability in cases where the defendant's actions clearly demonstrate a willingness to cause harm, even if the actual outcome was not the one initially intended. In contrast, the other options, such as implied intent and constructive intent, pertain to different aspects of intent in criminal law, primarily focusing on the nature or interpretation of intent rather than its transfer between victims. Negligent intent relates to a lack of intent due to carelessness rather than an intentional act of harming someone, further distinguishing it from the concept of transferred intent.