Mens Rea
Literal meaning: “Guilty mind.”
What does the Latin term "Mens Rea" mean in law?
Mens rea is the mental state or intent required to establish criminal liability for a particular offense. Under the Model Penal Code, there are four levels of mens rea in descending order of culpability: purposely (conscious desire to bring about a result), knowingly (awareness that conduct is of a particular nature or will cause a certain result), recklessly (conscious disregard of a substantial and unjustifiable risk), and negligently (failure to be aware of a substantial and unjustifiable risk that a reasonable person would have perceived). The required mens rea varies by offense, and some crimes — strict liability offenses — require no mens rea at all.
Source: Criminal · Legal Latin
Legal Definition
Mens rea is the mental state or intent required to establish criminal liability for a particular offense. Under the Model Penal Code, there are four levels of mens rea in descending order of culpability: purposely (conscious desire to bring about a result), knowingly (awareness that conduct is of a particular nature or will cause a certain result), recklessly (conscious disregard of a substantial and unjustifiable risk), and negligently (failure to be aware of a substantial and unjustifiable risk that a reasonable person would have perceived). The required mens rea varies by offense, and some crimes — strict liability offenses — require no mens rea at all.
How It's Used
Mens rea is one of the most fundamental concepts in criminal law, appearing in virtually every discussion of criminal liability. It is paired with actus reus (the guilty act) to form the two essential elements of a crime. Prosecutors must prove the required mens rea beyond a reasonable doubt.
Example Sentences
The prosecution must prove that the defendant acted with the mens rea of purpose — a conscious desire to cause the victim's death.
Under the statute, the required mens rea is knowledge: the defendant must have known the goods were stolen.
Statutory rape is a strict liability offense, meaning the prosecution need not prove any mens rea with respect to the victim's age.