Culpable Mental State Generally Required

Except as provided in § 4.45, if the definition of a crime does not expressly prescribe a culpable mental state, a culpable mental state is nonetheless required and is established only if a person acts intentionally, knowingly or recklessly. SOURCE: Guam PC, § 20; M.P.C. § 2.02; *Cal. § 406 (T.D.1 1967); Mass. ch. 263, § 17; N.J. § 2C:2-2 (c) (3). CROSS-REFERENCES: § 4.45 of this Code; §§ 4.25-4.35; this Code. COMMENT: The purpose of this Section is to make clear that culpable mental state is required even where no mention of the same is made in the appropriate law creating the crime. Further, this Section makes clear that, where there is such an absence of stated culpability, the only culpability that may be applied to that Section is where the act was intentional, knowing, or reckless. Neither criminal negligence nor ordinary negligence are to be assumed in the absence of the specific statement to that effect.