Glossary · Criminal Law
Mens Rea
mens-rea-574818defbee86e7-2026-07-28
- Type
- Glossary
- Jurisdiction
- National
- Date
- 2026-07-28
- Topic
- Criminal Law
The mental state a defendant must have for criminal liability, literally the guilty mind. Statutes grade culpability from intentional and knowing conduct down to recklessness and criminal negligence, and the required level often separates serious offenses from lesser ones. A few regulatory offenses dispense with mens rea entirely and impose strict liability.
Definition
The mental state a defendant must have for criminal liability, literally the guilty mind. Statutes grade culpability from intentional and knowing conduct down to recklessness and criminal negligence, and the required level often separates serious offenses from lesser ones. A few regulatory offenses dispense with mens rea entirely and impose strict liability.
Mens Rea. The mental state a defendant must have for criminal liability, literally the guilty mind. Statutes grade culpability from intentional and knowing conduct down to recklessness and criminal negligence, and the required level often separates serious offenses from lesser ones. A few regulatory offenses dispense with mens rea entirely and impose strict liability. Example: Without proof the defendant knew the goods were stolen, the prosecution could not establish the mens rea for the offense.