"But at the end of the day it turned out that no one had unlawful intent, nor was anyone trying to impede a criminal investigation."
"Malevolent intent" - a lesser degree of intent than unlawful intent - is too broad, vague, and subjective, says Cory.
That suggests there was no unlawful intent.
For example, the element of "dwelling" is no longer required in most states, and arson occurs by the burning of any real property without consent or with unlawful intent.
Penalties would range from a maximum of four years in prison for possession to a maximum of 15 years for possession with unlawful intent.
For example, in criminal law, a statute might require a mens rea element of "unlawful and malicious" intent.
Some modern criminal statutes contain language such as stipulating that the act must be done "knowingly and wittingly" or "with unlawful intent," or some similar language.
Is it not meant damnable in us to be trumpeters of our unlawful intents?
This evidence alone would not justify an inference of unlawful intent, but its import is clear in the entire record's context.
The Government is not required to prove that the defendant has an unlawful or malicious intent.