Transferred Intent

Suppose a defendant acts intending to do one thing but ends up doing something else. For example, suppose the defendant shoots at A, intending to kill A, but misses and kills B, an innocent bystander. Is the defendant criminally liable for the unintended harm to B? Under the doctrine of transferred intent, the answer is yes. The doctrine of transferred intent provides that when a defendant intends to harm victim A, but ends up harming victim B, the defendant’s criminal liability is determined with respect to his or her intent and conduct towards A. State v. Davis, 349 N.C. 1, 27 (1998) (quoting State v. Wynn, 278 N.C. 513, 519 (1971). If B is killed, the defendant is guilty or innocent exactly as if the fatal act had killed A. Id. (quoting Wynn, 278 N.C. at 519). As it is sometimes said, “intent follows the bullet.” Id. (quoting Wynn, 278 N.C. at 519). Thus, under the doctrine, it does not matter whether the defendant intended to injure B; the defendant need only act with the required intent toward someone (here A). Id. at 38. There are a number of North Carolina cases on point including State v. Locklear, 331 N.C. 239, 244-46 (1992) (doctrine applied as to charge of assault with intent to kill B, who was shot by the defendant while he was shooting to kill B’s mother), Davis, 349 N.C. at 37-39 (an instruction on transferred intent was proper when the defendant engaged in a shooting spree, intending to [...]