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Tanaka Criminal Law Casebook
Section 6 . 4
42 minutes

Strict Liability

Elizabeth Tanaka

Strict liability crimes do not require the government to prove a defendant acted with a "guilty mind."  Students often struggle with the concept that "strict liability" simply means the absence of a mens rea requirement.  If you determine that an offense requires proof of negligence, recklessness, knowledge, purpose, or some other mens rea, that offense is by definition NOT a strict liability crime.

Keep in mind that the Model Penal Code disfavors strict liability crimes.  Recall that MPC § 2.02(1) provides:  "Except as provided in Section 2.05, a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense."  MPC § 2.05 provides a narrow, though important, exception to the requirements of §§ 2.01 and 2.02.

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