Is jury instruction on "criminal intent as element of crime" needed?

In a recent SC Court of Appeals case, State v. Adams, the court analyzed whether a jury instruction was needed on specific intent of a sexual battery charge.


The defendant was charged with CSC 1st which includes sexual battery. The offense of sexual battery includes an "intrusion" into another person. The jury instructions included this definition of battery but did not include a charge on criminal intent.


The issue for the court was "whether a criminal intent charge was needed to supplement the portion of the definition of 'sexual battery' that Adams challenges." After defining the word "intrusion" the court held that because the definition and common understanding of intrusion connotes a wrongful intent, then there was not a need to add an additional jury instruction of criminal intent.







***This is not legal advice***


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Daniel@everydayevidence.og

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