Professional Documents
Culture Documents
Mens Rea and Mistake Charts
Mens Rea and Mistake Charts
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General Intent Specific Intent Strict Liability
Culpability approach: Does the mistake relate to the Mistake NEVER a defense
specific intent portion? (Garnett)
MPC: Mistake of law is a defense if negatives the required mental state (2.04(1)(a)),
with the same limitation of 2.04(2), OR if the statute is unknown to actor and has not
been published (2.04(3)(a)); OR actor acts in reasonable reliance on an official statement
of the law, later determined to be erroneous. (2.04(3)(b)).
Note: MPC does not make the distinction between general intent and specific intent
offenses, but notice that the MPC and the CL will have the same result when dealing with
a specific intent crime.
But notice the different result when dealing with a general intent crime, especially where
there is a mistake of fact. Generally, the CL will require a mistake to be reasonable,
meaning that a negligent state of mind with respect to the mistake will suffice for
criminal liability to attach (a morally blameworthy/culpable manner). The MPC will
require at least recklessness with respect to the mistake, unless the statute only requires
negligence. In other words, the MPC takes an elemental approach, even when dealing
with a general intent crime, and since the MPC requires at least recklessness to be proved
(unless negligence is the specified required mental state), negligence with respect to the
mistake would not suffice for liability to attach.
One more way to think about this, by focusing initially on type of offense, and then on
type of mistake, if necessary: Note that when dealing with specific intent or strict
liability offenses, the answer is the same for both mistake of law and fact. You have
differentiate between the two types of mistakes when you are dealing with a general
intent crime.
1. moral wrong
2. Legal wrong
Mistake of Law
Generally: NO EXCUSE!
2 exceptions:
1. Reasonable reliance on
official statement
(entrapment by estoppel)
2. Fair notice/Lambert
principle