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Report #2, First Draft Recommendations for Chapter 2 of the Revised Criminal Code - Basic Requirements of Offense Liability

Thursday, December 22, 2016

This Report presents a set of general provisions that are intended to comprise the heart of the chapter on the basic requirements of offense liability incorporated into the Revised Criminal Code.  These include general provisions establishing: a voluntariness requirement, § 22A-203; a causation requirement, § 22A-204; a culpable mental state requirement, § 22A-205; a hierarchy of culpable mental states, § 22A-206; and rules of interpretation applicable to the culpable mental state requirement, § 22A-207.  The proposed general provisions broadly reflect the culpability scheme initially developed by the drafters of the Model Penal Code and thereafter adopted by the vast majority of states that undertook a comprehensive code revision project.