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F 4.034 n1 Defense Theories: Desire to Be Arrested As Negating Intent.
For crimes which involve a mental element beyond the simple intent to commit the prohibited act (e.g., robbery [intent to permanently deprive]; burglary [intent to commit a felony]; attempt [intent to commit target crime]), the required intent may not be present if the defendant committed the act not for the purpose required by the statute but because he or she wanted to be arrested. (See e.g., Carter v. United States (2000) 530 US 255 [147 LEd2d 203; 120 SCt 2159, 2168-69] [discussing U.S. v. Lewis (10th Cir. 1980) 628 F2d 1276, 1279); see also U.S. v. Darby (9th Cir. 1988) 857 F2d 623, 626-27 [error to refuse instruction that defendant could not be convicted of attempted robbery if he wanted to be arrested and be given psychiatric care].)
RESEARCH NOTE: See LaFave & Scott, Substantive Criminal Law, (West, 1986), § 3.5 [distinguishing general from specific intent].