Understanding Mens Rea Under U.S. Criminal Law

Mens rea comes from the Latin meaning “guilty mind”. It is an element of some crimes, such as murder. In other words, prosecutors are required to prove that the defendant had a guilty mind during the commission of the crime. Homicide without mens rea is generally considered manslaughter and a lesser offense than murder. Fraud is another crime that requires mens rea. In this article, the Wilmington, DE criminal defense lawyers at the Law Office of Michael W. Modica will discuss mens rea as a legal concept and element of certain crimes.

What is mens rea?

Mens rea refers to the mental state of an individual who is committing a crime. It considers what the individual was thinking or failing to think about when they committed a crime. This element is taken alongside actus reus, or the physical act, to prove an individual is guilty of a crime. However, not every crime requires the prosecutor to prove mens rea.

Different types of mens rea

There are four distinct categories of mens rea. Those are:

• Purposefully or intentionally – The defendant has a conscious objective to engage in criminal conduct and cause a specific result. For example, First Degree Murder is an example of a crime that requires mens rea to be proven. You cannot accidentally commit First Degree Murder. You must intend the outcome of death.

• Knowingly – The defendant was aware that their conduct could cause a specific result, even if they didn’t intend it or it wasn’t their goal. Involuntary manslaughter is an example of a crime that requires a guilty mind, but the level of guilt isn’t as high as First Degree Murder, because the defendant didn’t intend (necessarily) to cause death.

• Recklessly – The defendant was aware of a serious risk to the well-being of others and consciously disregarded it. DUI is an example of this form of mens rea. You don’t intend to cause death or injury to another person, but you put the public at risk.
• Negligently – The defendant failed to consider a substantial risk to another person when a reasonable person in the same position would have considered the risk. Negligent homicide is an example of a crime that requires negligent mens rea. For example, leaving a child in a hot car or texting while driving can be considered forms of criminal negligence under the law.

What crimes don’t require mens rea?

Crimes that don’t require mens rea are considered strict liability crimes. The focus is solely on actus reus or the prohibited act. The prosecutor doesn’t need to prove the defendant’s intent or even that they were aware that they were doing something illegal.

Some examples include:

• Traffic violations – You can be charged with speeding even if your speedometer is broken.

• Statutory rape – In some jurisdictions, it is not a defense to statutory rape to claim you “didn’t know” that the individual was under the age of 18. In other jurisdictions, mens rea is an element of the crime.

Talk to a Wilmington, DE, Criminal Defense Lawyer Today

The Law Office of Michael W. Modica represents the interests of those charged with serious crimes in Delaware. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin discussing your defense right away.