intent
Intent generally refers to the mental objective behind an action. In a legal context, intent is central to determining responsibility and is often established through circumstantial evidence such as a defendant’s actions or knowledge.
In criminal law, intent(also called mens rea) is one of the two essential elements of a crime, along with the act itself (actus reus). Many jurisdictions classify intent as either general or specific. General intent refers to the intent to perform the prohibited act, while specific intent requires proof that the defendant acted with a particular purpose or to bring about a specific result. Because of the difficulty in applying these categories, some states instead follow the Model Penal Code, which defines levels of culpability (such as purpose, knowledge, recklessness, and negligence) to establish intent.
In California, it is presumed that a person intends the natural consequences of their actions. However, when a crime requires specific intent, that intent must be independently proven beyond a reasonable doubt. For example, attempted murder requires proof that the defendant specifically intended to kill. Evidence of the act itself is not enough, as the defendant may have acted in self-defense, negating the required intent.
In contract law, intent is relevant to the formation and interpretation of agreements. Courts apply an objective standard, looking to the language used at the time of formation, rather than the subjective intent of the parties. If contractual terms are ambiguous, the Parol Evidence Rule allows the use of extrinsic evidence to determine intent.
In administrative and statutory law, courts often determine legislative intent when interpreting statutes. They consider the plain language of the law, the context of its enactment, its purpose, and legislative history. Courts may also treat the omission of certain terms as evidence of legislative intent.
[Last reviewed in August of 2025 by the Wex Definitions Team]
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