A deliberate and specific intent to inflict injury, suffering, or death on another person
A mental state that demonstrates a conscious and intentional desire to inflict pain, bodily harm, or death on another. Malice is viewed as an evil that is so despicable it justifies the most severe punishment possible.
Malice is often an element in first-degree murder. Malice can be shown by the defendant’s acts of preparation, premeditation, planning, and evil motive.
It is the most pernicious mental state a defendant can have and is associated with mental states that are seen in horrific criminal acts such as mayhem, torture, and sex crimes committed against children.
