Intent

When Jame Comey came out and said that Hilary had broken the law but no court would convict because she didn't intend to, I thought that was bunk but I have since learned that he was probably correct. I just imagined myself telling and officer who had stopped me for speeding telling him I didn't intend to speed. It turns out there are two aspects to criminal law one part called "actus reus" and a second part called "mens rea". How you prove guilt in court. When a defendant is charged with a criminal offense, the prosecution must prove that the defendent both committed the act (actus reus) and had the required mental element of intent (mens rea). The mental element is that the defendant intended or foresaw the natural consequences of the actus reus. Comey felt he could not prove that Hilary had the intent to break the law and he was probably right since knowing what was in her heart would be difficult to access. Trump is now in a similar situation and the government will have a tough time proving his intentions and thus will likely not proceed with a prosecution although things involving Trump often lead to a different approach. The is not as simple as this appears. For example if Jill slaps Jack she doesn't intend to hurt him but the slap is battery and she is guilty. If a person has consensual sex with someone underage no intent is needed since an underage person cannot give consent.