• 1990 - Proof of Intent
  • K-5.38
    • Charge To Jury
    • Circumstantial Evidence
    • Intent
    • Mental State
    • Specific Intent
    • Closing Instructions
    • Closing Instructions

  • Intent may be proved by circumstantial evidence. Indeed, it can rarely be established by any other means. We simply cannot look into the head or mind of another person. But you may infer the Defendant's intent from all of the surrounding circumstances.

     

    You may consider any statement made or act done or omitted by the Defendant and all the facts and circumstances in evidence which indicate the Defendant's state of mind.

  • Notes: This instruction may not be appropriate under the culpability requirement if the substantive defense is "knowingly," "recklessly," or "negligently." See NDCC 12.1-02-02(b), (c), and (d).