The Model Penal Code Approach to Strict Liability - What is the Model Penal Code’s approach to strict liability?
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The General Rule - The M.P.C. rejects strict liability almost entirely. and requires that a culpable mens rea be proven with respect to every element of every offense.
Where the statute does not provide a culpable mens rea for one or more elements of the offense, the M.P.C. will provide one via its default rules for mens rea.
Two Exceptions to the Rule - There are two exceptions to this rule in the M.P.C.:
(1) Violations — Strict liability may be imposed for “violations,” which are not considered “crimes”. Violations are minor offenses punishable only by a fine, not imprisonment.
(2) Felony murder — A rebuttable form of strict liability is retained for felony murder (this is explored in the tutorial on felony murder at the end of the Homicide section).
Question - Under the M.P.C. approach, which of the following would likely be considered a violation subject to strict liability if no mens rea is provided in the statute?
(1) A statute imposing a $50 fine for driving 5 miles over the speed limit.
(2) A statute imposing a maximum penalty of two years' imprisonment for vehicular homicide.
(3) A statute imposing a maximum penalty of either a $1,000 fine or six months' imprisonment for drunken driving.
Answer and Analysis - The correct answer is (1): This statute provides only for a fine and involves the kind of minor regulatory offense that the M.P.C. drafters had in mind when creating the category of "violations," for which strict liability can be imposed.
The Law School Experience - These and related topics are covered in our tutorials on Criminal Law.
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