FlyerTalk Forums - View Single Post - Outrageous Behaviour by TSA
View Single Post
Old Oct 24, 2007 | 5:13 pm
  #57  
PTravel
FlyerTalk Evangelist
 
Join Date: Mar 2004
Location: Newport Beach, California, USA
Posts: 36,062
Originally Posted by law dawg
I don't think so, otherwise any time you're in a wreck someone would go to jail for assault.

Well, not exactly. As I recall (and, please, feel free to correct me if I'm wrong), general intent crimes require only that you to intend to commit the act, even if your intent wasn't to harm. Specific intent crimes require mens rea (if I'm remembering this correctly -- law school was a long time ago). The TSO in the OP's post intended to wand him, though he didn't intend to do harm. Because he was told that wanding could result in injury because of the OP's pacemaker, by intending to wand he manifested general intent. If he did intend to harm (and thus had the requisite mens rea), I'd assume he could be charged with assault with a deadly weapon and attempted murder.

-----
Ah, a quick google search turned this up. Not exactly citable authority, but it appears that I was pretty close:

What Is a Specific Intent Crime?
If you are accused of a specific intent crime, the prosecution must prove that when you committed the crime you had the requisite intent or purpose. This intent will be listed in the statute that defines the crime. If you didn’t act with this intent or purpose, then you cannot be convicted of the crime.

What Is an Example of a Specific Intent Crime?
The best example of a specific intent crime is theft. Most every theft statute requires that when you take something that you take it with the intent to deprive the owner permanently. For example, auto theft requires that you intent to deprive the owner of the car permanently. If you don’t have this intent, then you cannot be convicted of theft.

Then What Is a General Intent Crime?
A general intent crime only requires that you intend to perform the act. That is, you don’t need any additional intention or purpose. For example, assault is usually a general intent crime. You only need to intend your actions, not any particular result. General intent crimes are easier to prove because it is not necessary to show that you had some particular purpose.
http://www.legalmatch.com/law-librar...nt-crimes.html
PTravel is offline