[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10250 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 10250
To specify the state of mind required for conviction for criminal
offenses that lack an expressly identified state of mind, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 22, 2024
Mr. Biggs (for himself, Ms. Boebert, Mr. Ogles, and Mr. Moore of
Alabama) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To specify the state of mind required for conviction for criminal
offenses that lack an expressly identified state of mind, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mens Rea Reform Act of 2024''.
SEC. 2. STATE OF MIND ELEMENT FOR CRIMINAL OFFENSES.
(a) In General.--Chapter 1 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 28. State of mind when not otherwise specifically provided
``(a) Definitions.--In this section--
``(1) the term `covered offense'--
``(A) means an offense--
``(i) specified in--
``(I) this title or any other Act
of Congress;
``(II) any regulation; or
``(III) any law (including
regulations) of any State or foreign
government incorporated by reference
into this title or any other Act of
Congress; and
``(ii) that is punishable by imprisonment,
a maximum criminal fine of at least $2,500, or
both; and
``(B) does not include--
``(i) any offense set forth in chapter 47
or chapter 47A of title 10; or
``(ii) any offense incorporated by section
13(a) of this title;
``(2) the term `knowingly', as related to an element of an
offense, means--
``(A) if the element involves the nature of the
conduct of a person or the attendant circumstances,
that the person is aware that the conduct of the person
is of that nature or that such circumstances exist; and
``(B) if the element involves a result of the
conduct of a person, that the person is aware that it
is practically certain that the conduct of the person
will cause such a result;
``(3) the term `state of mind' means willfully,
intentionally, maliciously, knowingly, recklessly, wantonly,
negligently, with reason to believe, or any other word or
phrase that is synonymous with or substantially similar to any
such term; and
``(4) the term `willfully', as related to an element of an
offense, means--
``(A) that the person acted with knowledge that the
person's conduct was unlawful; and
``(B) if the element involves the nature, attendant
circumstances, object, or result of the conduct of a
person, that--
``(i) the person had knowledge of the
nature, attendant circumstances, object, or
result of the conduct of the person; and
``(ii) it was the conscious object of the
person to engage in conduct--
``(I) of that nature;
``(II) with that attendant
circumstance;
``(III) with that object; or
``(IV) to cause such a result.
``(b) Default Requirement.--Except as provided in subsections (c)
and (d), a covered offense shall be construed to require the Government
to prove beyond a reasonable doubt that the defendant acted--
``(1) with the state of mind specified in the text of the
covered offense for each element of the offense for which the
text specifies a state of mind; and
``(2) knowingly, with respect to any element of the offense
for which the text of the covered offense does not specify a
state of mind.
``(c) Failure To Distinguish Among Elements.--Except as provided in
subsection (d), if the text of a covered offense specifies the state of
mind required for commission of the covered offense without specifying
the elements of the covered offense to which the state of mind applies,
the state of mind specified shall apply to all elements of the covered
offense, unless a contrary purpose plainly appears.
``(d) Exceptions.--
``(1) In general.--Subsections (b)(2) and (c) shall not
apply with respect to--
``(A) any element for which the text of the covered
offense makes clear that Congress affirmatively
intended not to require the Government to prove any
state of mind with respect to such element;
``(B) any element of a covered offense, to the
extent that the element establishes--
``(i) subject matter jurisdiction over the
covered offense; or
``(ii) venue with respect to trial of the
covered offense; or
``(C) any element of a covered offense, to the
extent that applying subsections (b)(2) and (c) to such
element would lessen the degree of mental culpability
that the Government is required to prove with respect
to that element under--
``(i) precedent of the Supreme Court of the
United States; or
``(ii) any other provision of this title,
any other Act of Congress, or any regulation.
``(2) Mere absence insufficient.--For purposes of paragraph
(1)(A), the mere absence of a specified state of mind for an
element of a covered offense in the text of the covered offense
shall not be construed to mean that Congress affirmatively
intended not to require the Government to prove any state of
mind with respect to that element.
``(e) Applicability.--This section shall apply with respect to a
covered offense--
``(1) without regard to whether the provision or provisions
specifying the covered offense are enacted, promulgated, or
finalized before, on, or after the date of enactment of this
section; and
``(2) that was committed--
``(A) on or after the date of enactment of this
section; or
``(B) before the date of enactment of this section,
unless--
``(i) applying this section to such covered
offense would--
``(I) punish as a crime conduct
that was innocent when done;
``(II) increase the punishment for
the covered offense; or
``(III) deprive a person charged
with the covered offense of any defense
available according to law at the time
the covered offense occurred;
``(ii) a jury has been empaneled and sworn
in a prosecution for the covered offense before
the date of enactment of this section;
``(iii) the first witness has been sworn in
a prosecution for the covered offense tried
without a jury before the date of enactment of
this section; or
``(iv) a sentence has been imposed
following a plea of guilty or nolo contendere
in a prosecution for the covered offense before
the date of enactment of this section.
``(f) Subsequently Enacted Laws.--No provision of law enacted after
the date of enactment of this section shall be construed to repeal,
modify the text or effect of, or supersede in whole or in part this
section, unless such law specifically refers to this section and
explicitly repeals, modifies the text or effect of, or supersedes in
whole or in part this section.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 1 of title 18, United States Code, is amended by adding at the
end the following:
``28. State of mind when not otherwise specifically provided.''.
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