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Name: People v. Keovillayphone
Case #: C045357
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/31/2005

Appellant was convicted of rape in concert. On appeal, he argued that the court misinstructed the jury by telling them that the crime of rape in concert required only general intent, claiming that since the offense requires that the defendant commit rape “voluntarily” while in concert with others, it is a specific intent crime. The appellate court rejected the argument and affirmed. Rape in concert is a general intent crime, requiring only that the defendant act freely of his own volition, not accidentally or out of fear or coercion. The fact that a person must harbor a specific intent to aid the rapist in order to be convicted as an accomplice to rape, does not transform the underlying offense into a specific intent crime.