MS HB1409

Requires all new criminal offenses created after July 1, 2016 to specify the degree of mental culpability required, with any offense created in violation of this requirement being void.

Defines four levels of culpable mental states: purposely (specific intention to cause a result), knowingly (awareness that conduct will probably cause a result), recklessly (heedless disregard of substantial and unjustifiable risk), and negligently (substantial lapse from due care).

Establishes that persons are not guilty of an offense unless their conduct included a voluntary act or omission and they possessed the requisite culpability for each element, except when statute plainly indicates strict criminal liability is intended.

Provides that when a statute does not specify culpability for an element related to knowledge or intent and does not indicate strict liability, recklessness is the default culpable mental state required.

Specifies that voluntary intoxication cannot be considered in determining mental state elements, though evidence of intoxication may show physical incapability to perform the charged act.