(1) The existence of a criminal offence depends upon the presence of intent. Intent is defined as knowingly and willingly conducting the elements in the legal definition of an offence.

(2) There is probable intent when the individual conducts an act while foreseeing that the elements in the legal definition of an offence may occur. Accordingly, for offences that require a penalty of aggravated life imprisonment, life imprisonment shall be imposed; for those offences that require a penalty of life imprisonment, a term of twenty to twentyfive years of imprisonment shall be imposed; otherwise the penalty shall be reduced by one-third to one-half.