Actus Reus

The external or physical

component of a crime
There must be a voluntary act or
an omission to perform an act
where there is a duty; and there
Mens Rea
2 meanings:
5. Sometimes used in broad sense to
refer to culpability generally
a. Moral blameworthiness
that ought to make a
person criminally
responsible for actions
b. Determining whether
we feel comfortable
blaming for what
happened
6. More often refers to the particular
mental state provided for in the
definition of the offense
a. Sometimes referred to
as the scienter
requirement
Common Law:
3. Wilfully, maliciously, corruptly,
intentionally, knowingly,
recklessly, negligently

Also distinguish
between specific intent
and general intent
MPC: Recognizes on 4 mental states
3. Purposely, knowingly, recklessly,
negligently

When no mental state is

expressed in a statute,
mental state element is
satisfied if person acted
purposely, knowingly, or
recklessly
MPC 2.02
1) Specific intent crimes ( intends to do
some further act or achieve some
additional consequences)
a) Attempt
b) Conspiracy
c) 1 murder
d) Larceny
e) Burglary
f)
False Pretenses
g) Embezzlement
2) Malice Crime (reckless disregard of a
known risk)
a) Common Law Murder (malice
aforethought)
3) General Intent Crimes (definition of
crime consists only of the description of
a particular act. Ask whether
intended to do the proscribed act)

Mens Rea

Mens Rea

2 meanings:
3. Sometimes used in broad sense to
refer to culpability generally
a. Moral blameworthiness
that ought to make a
person criminally
responsible for actions
b. Determining whether
we feel comfortable
blaming for what
happened
4. More often refers to the particular
mental state provided for in the
definition of the offense
a. Sometimes referred to
as the scienter
requirement
Common Law:
2. Wilfully, maliciously, corruptly,
intentionally, knowingly,
recklessly, negligently

Terms have no relation

to each other and do not
always mean the same
thing from statute to
statute

Also distinguish
between specific intent
and general intent
MPC: Recognizes on 4 mental states
2. Purposely, knowingly, recklessly,
negligently

Terms are precisely

defined, have a logical
relationship to one
another, and mean the
same thing whenever
they appear

When no mental state is

expressed in a statute,
mental state element is
satisfied if person acted
purposely, knowingly, or
recklessly

2 meanings:
1. Sometimes used in broad sense to
refer to culpability generally
a. Moral blameworthiness
that ought to make a
person criminally
responsible for actions
b. Determining whether we
feel comfortable blaming
for what happened
2. More often refers to the particular
mental state provided for in the
definition of the offense
a. Sometimes referred to as
the scienter requirement
Common Law:
1. Wilfully, maliciously, corruptly,
intentionally, knowingly, recklessly,
negligently

Terms have no relation to

each other and do not
always mean the same
thing from statute to
statute

Also distinguish between

specific intent and general
intent
MPC: Recognizes on 4 mental states
1. Purposely, knowingly, recklessly,
negligently

Terms are precisely

defined, have a logical
relationship to one
another, and mean the
same thing whenever they
appear

When no mental state is

expressed in a statute,
mental state element is
satisfied if person acted
purposely, knowingly, or
recklessly

MPC 2.02

MPC 2.02