Rule: Strict Liability (criminal law)A
strict liability offense is one that does not require awareness of
all of the factors that constitute the crime. Oftentimes, the state
of mind requirement is not abandoned with respect to all the elements
of the crime, but only in regard to one or some of the
elements.
Certain defenses, such as mistake of fact are not available.
IDENTIFYING STRICT LIABILITY OFFENSES1. Strict liability offenses are often known as public welfare offenses and generally, but not always, are part of a regulatory scheme.
2. Generally, strict liability offenses involve a relatively low penalty.
3. Strict liability offenses are often not regarded by the community as involving great moral impropriety.
Certain defenses, such as mistake of fact are not available.
IDENTIFYING STRICT LIABILITY OFFENSES1. Strict liability offenses are often known as public welfare offenses and generally, but not always, are part of a regulatory scheme.
2. Generally, strict liability offenses involve a relatively low penalty.
3. Strict liability offenses are often not regarded by the community as involving great moral impropriety.
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