criminal what is the intent law

Last updated on: February 14, 2020
what is the unconstitionual removal mens rea intent law?
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David Edelstein
David Edelstein
Miami, Florida
Criminal Law
(305) 538-4545
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Criminal defense attorney representing clients facing State & Federal criminal charges.

It's important to understand that when it comes to laws and crimes, there is something called "mens rea" which refers to a person's intent or knowledge of wrongdoing when committing a crime. Sometimes, a law may not require that a person had the intent or knowledge to commit a crime, which could be seen as unfair or unconstitutional. For example, in a case called United States v. X-Citement Video, the Supreme Court ruled that a law that makes it a crime to distribute sexually explicit material involving minors, must require that the person distributing the material knew that the people in the material were minors. The court made this ruling because it felt that not requiring knowledge could raise concerns about freedom of speech under the First Amendment. Additionally, some courts have said that giving severe penalties, such as a felony conviction, for a crime where a person didn't know they were breaking the law, could go against the 5th Amendment which states that no one can be deprived of life, liberty, or property without due process of law. It's worth noting that the limits of strict-liability crimes are not clearly defined, and some courts have even said that strict-liability felonies aren't always unconstitutional, but others have said the opposite. So, it's a complicated subject, and it's important to understand the nuances and context.

01/12/2023

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