Transferred Intent

Law And Order Criminal Intent Cancelled - Transferred Intent

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Tort law is divided into two sections by intent. There is intentional tort, which is when one party meant to levy harm on another; and there is unintentional tort, which is when harm was accidental. If someone meant to cause harm to one person, but accidentally harmed a third party, the doctrine of transferred intent makes the offender guilty of intentionally harming the third party.

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Law And Order Criminal Intent Cancelled

Applicable Areas

In order for intent to be transferred to an innocent third party, the offender must have originally intended to harm an additional one person. Under tort law, there are five areas in which intent can be transferred:

• Battery

• Assault

• False imprisonment

• Trespass to land

• Trespass to chattels

Examples of transferred intent could include:

• Person A is trying to shoot someone B but misses. Innocent bystander, someone C, is struck accidentally. The intent is transferred from someone B to C, and someone A is guilty of "intent to kill." In this way, intent follows the bullet.

• Person A is swinging a bat at someone B, but on the backswing, he accidentally hits innocent bystander, someone C. Intent is carried over to someone C.

• Bank robbers retention customers and employees hostage while they steal money is carefully false imprisonment.

• Person A is forced by someone B to enter someone C's land. someone C can only file a claim against someone B, because someone A's actions were involuntary.

• Person A interferes with someone B's possession of their cattle by harming the cattle.

Controversy

There is much controversy over how to deal with an attack when the victim is pregnant. In the Us, assaulting a pregnant woman immediately transfers the intent to harm to the unborn child. Regardless of either or not the perpetrator was aware that the woman was pregnant, he or she is guilty of attack on two individuals, even if they did not intend to harm or kill the child. If, however, it is proven that the offender did mean to harm/kill the unborn child, they will be charged with intent to kill.

Although transferring intent is often connected with criminal charges, there are some scenarios where transferred intent pertains to civil torts. If you have been injured by an additional one party's recklessness, you need assistance from an experienced attorney. For more information on transferred intent, touch Austin's personal injury lawyer Vic Feazell, P.C. Today.

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