Legal Definitions - Transferred intent

Definition: Transferred intent is when a person intends to harm one person, but ends up unintentionally harming another person instead. In this case, the person's intent transfers from the intended victim to the actual victim and can be used to prove the mental element of the crime that the person is being charged with. This doctrine is only used for completed crimes, not attempted crimes.

Example 1: John tries to shoot his enemy, but misses and hits a bystander instead. Even though John did not intend to harm the bystander, his intent to harm his enemy is transferred to the bystander. John can be charged with the crime of attempted murder or assault with a deadly weapon.

Example 2: Sarah throws a rock at her ex-boyfriend's car, but misses and hits a nearby store window. Even though Sarah did not intend to damage the store window, her intent to harm her ex-boyfriend is transferred to the store window. Sarah can be charged with the crime of vandalism or malicious mischief.

These examples illustrate how transferred intent works. Even though the person did not intend to harm the actual victim, their intent to harm someone else is transferred to the actual victim. This allows the person to be charged with a crime even though they did not intend to harm the actual victim.