Q: What is a strict liability crime, and what is California's legislature's determination of a strict liability crime?
A:
A strict liability crime is a criminal offense in which the prosecution does not have to prove that the defendant had a criminal intent, or mens rea, to commit the offense. Instead, the prosecution only needs to prove that the defendant committed the act that constitutes the offense.
California's legislature has determined that certain offenses are strict liability crimes. These include offenses related to public health and safety, such as selling adulterated food or drugs, or operating a motor vehicle under the influence of alcohol or drugs. In these cases, the defendant can be found guilty even if they did not intend to commit the offense or were unaware that their actions were illegal.
It's important to note that strict liability crimes are generally considered to be minor offenses, and the penalties for these offenses are often less severe than those for offenses that require mens rea to be proven. However, it's still important for individuals to understand the laws in their state and to take precautions to avoid engaging in any activity that could lead to criminal charges.
1 user found this answer helpful
A:
Strict liability refers to INTENT...........did the D have the Mens Rea/Intent.
usually the crime is so serious that the DA does not have to prove intent.....just that the D did it.
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