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Monday, September 28, 2020 11:56:32 AM
Man...you are getting too philosophical for me here.
I think that you are saying that if you are hellbent on committing a crime and you engage in some act that you believe is illegal but it turns out to be legal then you have criminal intent but have not committed a crime.
Not philosophical...It's Criminal Law 101.
Criminal intent is defined as the resolve or determination with which a person acts to commit a crime. It is not defined as ..."Resolve or determination with which a person acts to commit what he thinks is a crime".
Here's a simple example:
You see what appears to be an unattended lunch truck with a tray of sandwiches just sitting there. You grab for a sandwich but drop it. Crime of intent or not?
Additional fact: sign at the front of the truck, "Free sandwiches" Still a crime of intent? Nope.
DON'T PISS ON MY LEG AND TELL ME IT'S RAINING
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