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MS HB1274

Bill

Status

Failed

1/31/2023

Primary Sponsor

Chris Brown

Click for details

Origin

House of Representatives

2023 Regular Session

AI Summary

  • 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.

  • 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.

  • 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).

  • 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.

  • 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

Committee Referrals

Judiciary B1/16/2023

Full Bill Text

No bill text available