Concurrence of Act and Intent

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Another element of most criminal offenses is the requirement that the criminal act and criminal intent exist at the same moment. 1 This element is called concurrence. Concurrence is rarely an issue in a criminal prosecution because the criminal intent usually generates the bodily response (criminal act).

However, in some rare instances, the criminal act and intent are separated by time, in which case concurrence is lacking and the defendant cannot be convicted of a crime.