Red Wing, MN asked in Traffic Tickets for Minnesota

Q: What does "strict liability offense" mean in the context of traffic tickets?

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1 Lawyer Answer
Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: A basic requirement of criminal law is that every crime must have an element of criminal intent. Strict liability is associated with civil lawsuits where intent is not required for liability to attach to the person who caused the harm. Though there are a few cases that claim "strict liability" a criminal law context, a deeper look reveals they do not demonstrate strict liability. In a petty misdemeanor traffic case, the level of intent required may be diminished, since a petty is "not a crime." But there is still some level of intent required in every traffic violation I have seen.

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