ASSAULT -- DEFINITION OF TRANSFERRED INTENT
If you find that the defendant intended to kill/injure/ assault [Name of Intended Victim], and by mistake or accident injured/assaulted [Name of Actual Victim], the element of intent is satisfied even though the defendant did not intend to kill/injure/assault [Name of Actual Victim]. In such a case, the law regards the intent as transferred from the original intended victim to the actual victim.
Notes on Use
This instruction should be given only if warranted by the evidence. If used, it should be given immediately after the instruction on mens rea.
For a description of the doctrine of transferred intent, see W. LaFave & A. Scott, Criminal Law § 3.12(d) (2d ed. 1986). The Oklahoma Court of Criminal Appeals approved a jury instruction on transferred intent in an assault case in Jones v. State, 508 P.2d 280, 282 (Okl. Cr. 1973).
| Service provided by the IS department of the Oklahoma Court of Criminal Appeals
Email our webmaster with any of your comments or suggestions.