Salinas, CA asked in Criminal Law, Personal Injury, Admiralty / Maritime and Civil Litigation for California

Q: 18USC2261a

Wondering what is meant by intent?

3 Lawyer Answers
Stanley Dale Radtke
Stanley Dale Radtke
Answered
  • Criminal Law Lawyer
  • San Leandro, CA
  • Licensed in California

A: Here is the United States Code section in question:

18 U.S. Code § 2261.Interstate domestic violence

(a)Offenses.—

(1)Travel or conduct of offender.—

A person who travels in interstate or foreign commerce or enters or leaves Indian country or is present within the special maritime and territorial jurisdiction of the United States with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and who, in the course of or as a result of such travel or presence, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b).

(2)Causing travel of victim.—

A person who causes a spouse, intimate partner, or dating partner to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and who, in the course of, as a result of, or to facilitate such conduct or travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b).

Here is the legal definition of intent:

intent

n. mental desire and will to act in a particular way, including wishing not to participate. Intent is a crucial element in determining if certain acts were criminal. Occasionally a judge or jury may find that "there was no criminal intent." Example: lack of intent may reduce a charge of manslaughter to a finding of reckless homicide or other lesser crime.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: if you are/were resolved or determined to do (something).

it will be defined by the judge for the jury and they will decide if there was intent as opposed to negligence.

Anthony M. Avery agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Maritime Law Lawyer
  • Little Neck, NY

A: The statute you cite is 18 USC 2261A - Stalking, and it states:

Whoever-

(1) travels in interstate or foreign commerce or is present within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel or presence engages in conduct that-

(A) places that person in reasonable fear of the death of, or serious bodily injury to-

(i) that person;

(ii) an immediate family member (as defined in section 115) of that person;

(iii) a spouse or intimate partner of that person; or

(iv) the pet, service animal, emotional support animal, or horse of that person; or

(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of subparagraph (A); or

(2) with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct that-

(A) places that person in reasonable fear of the death of or serious bodily injury to a person, a pet, a service animal, an emotional support animal, or a horse described in clause (i), (ii), (iii), or (iv) of paragraph (1)(A); or

(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of paragraph (1)(A),

shall be punished as provided in section 2261(b) of this title.

Intent means that something is done on purpose, with the aim of bringing about a result. It looks like you chose the Admiralty/Maritime category because the statute mentions, " ...travels in interstate or foreign commerce or is present within the special MARITIME AND TERRITORIAL jurisdiction of the United States, or enters or leaves Indian country,... "

That is to identify the scope of territory in which the statute operates. However, this is not a maritime law matter. If you are doing this in the course of research, you could read the statute for yourself. If this is a real-life, actual matter where your actions resulted in involving this statute, you should consult with a criminal defense attorney, not a maritime attorney. In criminal law, intent is a term that has many facets and elements and it would be best if a criminal defense attorney advised you as to their significance. Good luck

Tim Akpinar

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.