MBE Rules · Criminal Law
Transferred Intent
Transferred intent (criminal)
The rule
Intent to harm one victim transfers to the unintended actual victim for the same crime; intent does not transfer between different crimes, and the defendant may also be charged with attempt as to the intended victim.
In plain English
Transferred intent means that if a person intends to harm one victim but accidentally harms another, the intent to harm transfers to the actual victim. This rule applies only if the crime committed is the same as the one intended; it does not apply if the intended and actual crimes are different.
Worked example
Alice aims to shoot Bob but accidentally hits Carol instead. Under the rule of transferred intent, Alice's intent to harm Bob transfers to Carol, and she can be charged with the same crime against Carol. Therefore, Alice is liable for the harm caused to Carol.
Memory hook
Intent travels: aim at one, hit another!
The trap
Exams may present scenarios where students confuse the transfer of intent between different crimes, leading them to incorrectly apply the rule. Be careful to ensure that the intended and actual crimes are the same.
How examiners test it
Questions often involve a fact pattern where the defendant's intent is clear but the outcome is unintended, testing the application of transferred intent in a straightforward manner.
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