Mens Rea (Guilty Mind)
Mens rea is the mental state or criminal intent required to establish guilt for a crime, ranging from purpose (highest culpability) to negligence (lowest), and is an essential element that prosecution must prove beyond a reasonable doubt.
Exam Tip
MPC hierarchy: "People Know Really Nothing" - Purposely > Knowingly > Recklessly > Negligently. Specific intent allows more defenses.
What is Mens Rea?
Mens rea ("guilty mind") is the mental state required for criminal liability. Without required mens rea, most crimes cannot be proven.
The Four MPC Mental States
| State | Definition |
|---|---|
| Purposely | Conscious objective to cause result |
| Knowingly | Aware conduct is of that nature |
| Recklessly | Consciously disregarding substantial risk |
| Negligently | Should be aware of substantial risk |
Specific vs. General Intent
| Type | Definition | Examples |
|---|---|---|
| Specific Intent | Intent to achieve specific result | Burglary, assault with intent to kill |
| General Intent | Intent to commit the act | Battery, rape, kidnapping |
California
California uses hybrid approach - both common law and MPC-influenced definitions. PC Section 20 requires "union of act and intent."
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Related Terms
Actus Reus (Guilty Act)
Actus reus is the physical component of a crime consisting of a voluntary act, an omission when there is a legal duty to act, or possession, which must concur with mens rea to establish criminal liability.
Malice Aforethought
Malice aforethought is the mens rea required for murder, encompassing four mental states: intent to kill, intent to cause serious bodily harm, depraved heart (extreme recklessness), and felony murder.