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People v. Stark | 26 Cal. App. 4th 1179, 31 Cal. Rptr. 2d 887 (1994)

Almost all crimes include an actus reus, or physical act, requirement as well as a mens rea, or guilty mind, requirement. A general-intent crime requires only that a defendant commit an act that’s prohibited by law. A specific-intent crime, on the other hand, requires a defendant to commit a prohibited act and to intend the specific consequences of that act. In People versus Stark, the California Court of Appeal was tasked with determining whether a particular crime required general or specific intent.

Rodney Stark, a construction company owner, entered into a contract to build a medical facility for two doctors. The doctors financed the project with a construction loan. The parties agreed that Stark would be paid in a series of loan disbursements as each phase of construction was completed. The plan was for the disbursements to go to Stark, who would use them to pay the subcontractors he’d hired to work on the project. After Stark received three disbursements, the doctors learned that he wasn’t paying his subcontractors. Stark admitted that he was having financial trouble and had been using the disbursements for expenses related to other projects. He’d converted approximately forty-six thousand dollars but insisted that he always intended to pay the money back into the doctors’ project.

Stark was charged with willful diversion of funds under California Penal Code Section Four Eighty-Four B. The statute made it a crime for a person to divert funds during a construction project, resulting in a failure to complete the project or to properly pay for services and materials rendered. The trial court instructed the jury that willful diversion was a general-intent crime. Stark was convicted and appealed to the California Court of Appeal.

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