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MS HB1149

Bill

Status

Failed

2/2/2021

Primary Sponsor

Chris Brown

Click for details

Origin

House of Representatives

2021 Regular Session

AI Summary

  • All new criminal offenses created after July 1, 2021 must specify the degree of mental culpability required; any offense created without this specification is void.

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

  • A person is generally not guilty of an offense unless they committed a voluntary act or omission and possessed the required culpable mental state for each element, except when a statute plainly indicates intent to impose strict criminal liability.

  • When a statute does not specify culpability and does not indicate intent to impose strict liability, the element is established only if the individual acted recklessly.

  • Establishes that higher levels of culpability (purpose, knowledge, recklessness) satisfy requirements for lower levels (negligence), and voluntary intoxication cannot be considered in determining mental state elements.

Legislative Description

Crimes; require specification of degree of mental culpability required for commission of.

Last Action

Died In Committee

2/2/2021

Committee Referrals

Judiciary B1/18/2021

Full Bill Text

No bill text available