Criminal Intent: Mens Rea and Actus Reus in Criminal Law

To hold someone responsible for a crime, the state has to show criminal intent and criminal actions. Under common law, this includes showing both the mental state and physical act for criminal responsibility. If a defendant did nothing to further the crime or never intended to do the illegal act, they may be guilty of a crime.

Lack of criminal intent can be a defense in a criminal case. However, criminal defense strategies also depend on the specific case. If you are accused of a crime and need legal advice, talk to an experienced criminal defense lawyer.

What Are the Elements of a Crime?

Under the Model Penal Code, (MPC), criminal statutes have required elements of an offense. This is what the prosecutor needs to prove to convict someone of a crime. These include the culpability (mens rea) and conduct included in the forbidden conduct (actus reus). The actus reus and mens rea work together to spell out the elements of most criminal offenses in the U.S. legal system.

What Is Mens Rea in Criminal Law?

Mens rea is Latin for “guilty mind.” This is the criminal state of mind. A prosecutor has to prove the defendant had a culpable state of mind to prove guilt. To have a guilty state of mind, the defendant has to be aware of their conduct. The defendant knows the conduct is illegal.

Without the required mental state, the defendant can be convicted for doing something they did not know was wrong. For example, with the insanity defense, a person is not held responsible for a crime if they lack the capacity to understand the wrongfulness of their conduct.

Criminal liability can be based on general intent or specific intent. General intent is the mental element to do a certain action. Specific intent means the person intended to bring about a certain result.

What Are the Types of Mens Rea?

A guilty mind is not limited to intentional conduct. There are four types of culpability mens rea elements under criminal law:

• Purposely: Consciously engaging in unlawful conduct
• Knowingly: Is aware that conduct is of a criminal nature
• Recklessly: Consciously disregards a substantial and unjustifiable risk of illegal actions or results
• Negligently: Should be aware of a substantial and unjustifiable risk of illegal actions or results

Some crimes are strict liability offenses. That means you don’t have to intend to commit a crime, but the act is a crime by its nature. The most common example is statutory rape. Even if a defendant did not know the victim was under the age of consent, it can still be a crime.

What Is Actus Reus in Criminal Law?

Actus reus is Latin for “guilty act.” This is a voluntary act or omission for a criminal offense. For example, in a drunk driving charge, operating a vehicle while impaired is the prohibited act. An omission can also be a crime when the law requires someone to act a certain way. For example, if a driver rolls through a red light without stopping, failure to stop is the criminal omission.

What Are the Types of Actus Reus?

The criminal act doesn’t necessarily require following through with committing a crime. “Inchoate crimes” are offenses that require preparing for a crime. These include:

• Attempted crime
• Conspiracy to commit a crime
• Solicitation
• Accomplice

For example, burglary is the unlawful entry into a building to commit a felony or theft. However, if you were trying to break in but couldn’t get past the alarm, it could be attempted burglary. The penalties for attempted offenses can be the same as if the crime had been committed.

Conspiracy is an agreement between two or more people to work together to commit a crime. The mutual agreement and intent to achieve a criminal result is a crime once one of the participants commits an overt act. Even if the crime is never completed or one person changes their mind, conspiracy is a criminal offense.

Asking someone else to commit a crime is criminal solicitation. For example, asking someone else to bring illegal drugs across the border is not trafficking. However, it can be solicitation of drug trafficking.

Aiding or abetting someone else to commit a crime is another offense. If you help someone or encourage them to commit a crime, you may be an accomplice and could be charged with the same offense.

How Can a Criminal Defense Lawyer Help With Criminal Intent?

When charged with any crime, you do not have to prove that you are innocent. Instead, the burden is on the prosecutor to prove you are guilty beyond a reasonable doubt. Your criminal defense lawyer can use criminal defense strategies to show doubt about the elements of the crime. If the jurors have a reasonable doubt about your guilt, then you should be found not guilty.

For more information about your criminal charges, talk to an experienced criminal defense lawyer for legal advice.