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119-hr-59119th Congress

Mens Rea Reform Act of 2025

Sponsored By: Representative Biggs, Andy [R-AZ-5]

In Committee

Summary

Creates a uniform default mens rea (state-of-mind) rule for most federal crimes and regulatory violations that lack an explicit mental-state requirement. It would generally require the government to prove a defendant acted "knowingly" for any element where the statute or regulation is silent, while spelling out exceptions, definitions, and limits on retroactive effect.

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  • Defendants: Would raise the mental-state the government must prove in many prosecutions. For elements without a specified state of mind prosecutors would need to prove "knowingly" beyond a reasonable doubt.
  • Prosecutors and federal agencies: Would force clearer pleading and proof about mental states for covered offenses. The rule applies to offenses punishable by imprisonment or a maximum fine of at least $2,500 and includes regulatory offenses incorporated into federal law.
  • Courts and pending cases: Would define terms such as "willfully" and set a rule that a stated mental state applies to all elements unless Congress plainly intended otherwise. It also limits retroactivity for past conduct and for prosecutions already underway.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

New default intent rules in federal crimes

If enacted, this would set default rules for criminal intent in federal crimes. For any crime part with no mental state listed, prosecutors would have to prove you acted knowingly. If a crime names a mental state but not where it applies, that state would cover all parts unless the law clearly says otherwise. The bill would define "knowingly" and "willfully." It would cover offenses that can bring jail time or a fine of $2,500 or more, with some military and other exceptions. Some parts would be exempt, like jurisdiction or where Congress clearly required no intent, or where the default would lessen culpability set by Supreme Court precedent. It would mostly apply going forward and would not apply to older conduct if it would punish past innocent acts, raise punishment, or remove a defense. Later laws could change this only if they explicitly say so.

Sponsors & CoSponsors

Sponsor

Biggs, Andy [R-AZ-5]

AZ • R

Cosponsors

  • Rep. Ogles, Andrew [R-TN-5]

    TN • R

    Sponsored 1/3/2025

  • Rep. Roy, Chip [R-TX-21]

    TX • R

    Sponsored 1/9/2025

Roll Call Votes

No roll call votes available for this bill.

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