# 2025-08681: President Targets Hidden Criminal Traps in Federal Regulations for Reform 2025-08681, Fighting Overcriminalization in Federal Regulations, is a Federal Register presidential document from Executive Office of the President published 2025-05-14, effective 2025-05-09 (as of 2026-11-04). - Canonical: https://policyrisk.com/federal-register/2025-08681 - As of: 2026-11-04 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Document number: 2025-08681 - Title: Fighting Overcriminalization in Federal Regulations - Type: Presidential Document - Agencies: Executive Office of the President - Citation: 90 FR 20363 - Published: 2025-05-14 - Effective: 2025-05-09 - Comments close: not stated - Significant: no - Touches household money: no - Regulation identifier numbers: none - Last updated: 2026-11-04 ## In one line President Targets Hidden Criminal Traps in Federal Regulations for Reform ## Summary The government is cutting back on confusing and unfair criminal rules hidden in federal regulations that can trap everyday people. From now on, only those who knowingly break important rules and cause real harm will face criminal charges, while others will get civil penalties instead. This change helps regular folks avoid surprise criminal trouble and aims to make the law clearer and fairer starting right away. ## Effects PRIA read - Criminal Charges Only for Knowing Harm: benefit, high. The order directs that criminal prosecution for regulatory violations should focus on people who knew (or reasonably should have known) their conduct was unlawful and who caused or risked substantial public harm. Agencies are told that criminal enforcement of regulatory offenses is generally disfav… - Strict Liability Criminal Rules Discouraged: benefit, medium. The order states that strict liability regulatory crimes are "generally disfavored." Agencies should consider civil or administrative enforcement instead of criminal penalties for strict liability offenses, and treat proposed strict-liability criminal rules as "significant regulatory actions." - Agencies Must List Criminal Regulatory Offenses: benefit, medium. Each agency must provide OMB, within 365 days of the order, a list of all criminal regulatory offenses it enforces and, for each, the range of potential criminal penalties and the applicable mens rea standard. Agencies must post that report on their webpages and update it at least once a year. - Enforcement Discouraged for Unlisted Offenses: benefit, high. The order strongly discourages criminal enforcement of any criminal regulatory offense that is not included in an agency's public report. Agencies and the Attorney General should consider whether an offense is listed before making referrals or initiating criminal proceedings. - Rulemaking Must State Criminal Status and Mens Rea: benefit, medium. After this order, notices of proposed rulemaking and final rules that could be criminally enforced should include a statement identifying the rule as a criminal regulatory offense and the authorizing statute. The regulatory text of such rules must explicitly state the mens rea required for each ele… - Agencies Must Propose Default Mens Rea Standards: benefit, medium. Agency heads must examine whether they can adopt a background mens rea standard that applies unless a regulation states otherwise. Within 30 days after submitting the Sec. 4(a) report, each agency must submit to OMB a report assessing mens rea standards and, if possible, a plan to adopt a generally… - Guidance on When to Refer Cases to DOJ: benefit, medium. Within 45 days of the order, agencies should publish Federal Register guidance describing plans for addressing criminally liable regulatory offenses. Guidance must say agencies should consider factors such as harm or risk of harm, potential gain to the putative defendant, whether the defendant had… - Immigration and National Security Are Excluded: cost, medium. The order does not apply to enforcement of immigration laws or to enforcement of laws or regulations related to national security or defense. ## Related documents - [2026-22385](https://policyrisk.com/federal-register/2026-22385): Adjusting Imports of Robotics, Industrial Machinery, and Their Parts and Components Into the United States, 2026-11-02 - [2026-22292](https://policyrisk.com/federal-register/2026-22292): Further Modifying the Scope of Products of Canada Subject to the Additional Duties Imposed To Offset Canadian Discrimination Against the Co…, 2026-10-30 - [2026-22051](https://policyrisk.com/federal-register/2026-22051): Decreasing Housing Costs for the American People, 2026-10-28 - [2026-22052](https://policyrisk.com/federal-register/2026-22052): Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Domestic Petroleum Production, Ref…, 2026-10-28 - [2026-22049](https://policyrisk.com/federal-register/2026-22049): Adjusting Imports of Wind Turbines and Their Parts and Components Into the United States, 2026-10-28 - [2026-22050](https://policyrisk.com/federal-register/2026-22050): National Seafood Month, 2026, 2026-10-28 ## Sources - [2025-08681 on federalregister.gov](https://www.federalregister.gov/documents/2025/05/14/2025-08681/fighting-overcriminalization-in-federal-regulations) - [2025-08681 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2025-05-14/pdf/2025-08681.pdf) ## Related - [Previous: 2025-08680, Mother's Day, 2025](https://policyrisk.com/federal-register/2025-08680) - [Next: 2025-08682, Increasing Efficiency at the Office of the Federal Register](https://policyrisk.com/federal-register/2025-08682) - [All Federal Register documents](https://policyrisk.com/federal-register) Source: PRIA, https://policyrisk.com/federal-register/2025-08681 (as of 2026-11-04).