Comment by tptacek

13 years ago

This isn't true at all. Read model jury instructions sometime; you'll see that virtually all of them instruct the jury not to convict without first determining that there was some knowing action. The "Undersized Lobster" statute is explicit about this, but doesn't have to be; the "strict liability" crimes (like statutory rape) are the exception, not the rule.

However, a growing number also do the opposite - for example patent law. (though that requires Mens Rea for punative damages)

But yes, I guess that most laws do (thankfully) still include Mens Rea.