Suburban Law Enforcement Academy (SLEA) BA State Certification Practice Exam

Does absolute (strict) liability require a mental state to convict for an offense?

1. Yes

2. No

3. Only for serious crimes

4. Only in certain jurisdictions

The correct answer is: No

The concept of absolute or strict liability in criminal law indicates that an individual can be held responsible for an action regardless of their mental state or intent at the time the crime was committed. This means that for offenses classified under strict liability, proof of a guilty mind (mens rea) is not necessary for conviction. In cases of strict liability, the focus is solely on the act itself (actus reus), and the law does not require any intent or knowledge of wrongdoing on the part of the defendant. This is particularly common in regulatory offenses or public welfare offenses, such as violations of food safety regulations or environmental laws, where the legislature intends to protect the public regardless of the actor's intent. Therefore, saying that strict liability does not require a mental state is accurate. This principle serves to promote compliance with regulations by imposing liability even on those who may not have intended to cause harm.