Jamie and Taylor are neighbors who frequently quarrel over property boundaries. During one dispute, Jamie hurls a rock at Taylor's parked car, intending to shatter the windshield. The rock flies past the car, ricochets off a post, and smashes the rear window of Morgan's vehicle, which is parked a few feet away. Under common-law principles, which crime has Jamie most clearly committed with respect to the damage to Morgan's car?
Malicious mischief (called criminal mischief in many modern statutes) requires (1) the intentional destruction or damage of (2) the tangible personal property of another. Jamie purposely threw the rock to damage property; under the doctrine of transferred intent, that purpose applies to the property he actually harmed. Accordingly, the completed crime is malicious/criminal mischief. Attempted malicious mischief merges into the completed offense. Assault and battery-type offenses protect persons, not property, and reckless endangerment requires a lesser mens rea of recklessness rather than purpose or knowledge.
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What are the elements that constitute Criminal Mischief?
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How does intent play a role in this scenario?
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What are potential defenses Jamie could raise against a charge of Criminal Mischief?