(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 shall apply to each such material element. (b) If the definition of a crime prescribes criminal negligence as the culpable mental state, it is also established if a person acts intentionally, knowingly or recklessly. When recklessness suffices to establish a culpable mental state, it is also established if a person acts intentionally or knowingly. When acting knowingly suffices to establish a culpable mental state, it is also established if a person acts intentionally. (c) 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 statue clearly so provides. SOURCE: Guam § 7(5); M.P.C. § 2.02 (4)(5)(9); *Cal. § 405 (T.D.1 (1967); Mass. ch. 263, § 17; N.J. § 2C:2-2(c)(3). CROSS-REFERENCES: See Guam PC § 449a & 450; See also Remington & Helhatb, The Mental Element in Crime a Legislative Problem (1962) Wis. L. Reg. before 666. §§ 4.25 and 4.30 of this Code. COMMENT: Subsection (a) tends to eliminate previous ambiguity: a particular law made forbidden general conduct, continuing several elements, a crime when done willfully or knowingly or recklessly. Under former law it was unclear whether all, or only part of, the elements of the offense is subject to the required culpable mental state. This Subsection specifically states that the appropriate mental state is applicable to all material elements of the crime unless the statute in question specifically provides the different result. Subsection (b) establishes that the mental state defined in § 430, Subsections (a) through (d), constitute a hierarchy of mental states and that the lowest mental state for which one can be culpable is included within the next three; that the third lowest culpable state, recklessness, is included within the first two; that knowledge is included with intent. Subsection (c) is a restatement of Guam PC § 7(5) which states that knowledge constitutes an assent. Knowledge of the law defining the assent is not an element of the
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crime unless specifically provided. This is the law on Guam and is not changed by this Code.