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MS HB1274
Bill
Status
1/31/2023
Primary Sponsor
Chris Brown
Click for details
AI Summary
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Requires all new criminal offenses created after July 1, 2023 to specify the degree of mental culpability required; any statute, rule, or regulation that creates a criminal offense without specifying culpability shall be void.
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Establishes that a person is generally not guilty of a criminal offense unless their conduct includes a voluntary act or omission and they have the requisite culpable mental state for each element of the offense.
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Defines four levels of culpable mental states: purposely (specific intention), knowingly (awareness of probable result), recklessly (heedless disregard of substantial risk), and negligently (substantial lapse from due care).
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Permits strict criminal liability only when a statutory provision plainly indicates such purpose and does not specify any degree of culpability; where culpability is not specified but could apply, recklessness is the default standard.
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Provides that voluntary intoxication cannot be considered in determining mental state for a criminal offense, though evidence of intoxication may show physical incapability to perform the charged act.
Legislative Description
Criminal offense; prescribe mental culpability for.
Last Action
Died In Committee
1/31/2023