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Whereas intent would be less if A had set fire to the house during the day after ringing the doorbell to check no one was home and then immediately ringing the fire brigade to report the fire. On a purely subjective basis, A intended to render B's house uninhabitable, so a reasonably substantial fire was required.
The mens rea elements differ in whether they require a quid pro quo; a mere nexus is an easier element to prove; more difficult elements to prove include the intent to be influenced and inducement. The offenses also differ in whether the act to be procured from the public official must be an official, a violation of an official duty, a fraud on ...
Honest services fraud is a crime defined in 18 U.S.C. § 1346 (the federal mail and wire fraud statute), added by the United States Congress in 1988. [1] The idea of this law was to criminalize not only schemes to defraud victims of money and property, but also schemes to defraud victims of intangible rights such as the "honest services" of a public official.
Proving fraud in a court of law is often said to be difficult as the intention to defraud is the key element in question. [4] As such, proving fraud comes with a "greater evidentiary burden than other civil claims". This difficulty is exacerbated by the fact that some jurisdictions require the victim to prove fraud by clear and convincing ...
Transferred intent is the legal principle that intent can be transferred from one victim or tort to another. [1] In tort law, there are generally five areas in which transferred intent is applicable: battery, assault, false imprisonment, trespass to land, and trespass to chattels. Generally, any intent to cause any one of these five torts which ...
Judges normally do not define intention for juries, and the weight of authority is to give it its current meaning in everyday language as directed by the House of Lords in R v Moloney, [1] where can be found references to a number of definitions of intention using subjective and objective tests, and knowledge of consequences of actions or omissions.
Intent is an element of the offense; under New York law, the defendant's "intent" is his or her "conscious objective or purpose." [3] The law does not require prosecutors to show that the defendant intended to cause a pecuniary or commercial loss (i.e., depriving a victim of money or property). [4]
Bank fraud is the use of potentially illegal ... The Supreme Court has also held that the second clause does not require a showing of intent to defraud a financial ...