46.3203 Culpable mental state-Application.

Cite as [A.S.C.A. § 46.3203]

(a) If the definition of an offense prescribes a culpable mental state but does not specify the conduct, attendant circumstances or result to which it applies, the prescribed culpable mental state applies to each material element unless a contrary purpose plainly appears.

(b) Except under 46.3204, if the definition of an offense does not expressly prescribe a culpable mental state, a culpable mental state is nonetheless required and is established if a person acts purposely or knowingly or recklessly, but criminal negligence is not sufficient.

(c) If the definition of an offense prescribes criminal negligence as the culpable mental state, it is also established if a person acts purposely or knowingly or recklessly. When recklessness suffices to establish a culpable mental state, it is also established if a person acts purposely or knowingly. When acting knowingly suffices to establish a culpable mental state, it is also established if a person acts purposely.

(d) Knowledge that conduct constitutes an offense, or knowledge of the existence, meaning, or application of the statute defining an offense is not an element of an offense unless the statute clearly provides it.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 562.021, 15 ASC 4801.