626:1 Requirement of a Voluntary Act. – I. A person is not guilty of an offense unless his criminal liability is based on conduct that includes a voluntary act or the voluntary omission to perform an act of which he is physically capable. II. Possession is a voluntary act if the possessor knowingly procured […]
626:2 General Requirements of Culpability. – I. A person is guilty of murder, a felony, or a misdemeanor only if he acts purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense. He may be guilty of a violation without regard to such culpability. When […]
626:3 Effect of Ignorance or Mistake. – I. A person is not relieved of criminal liability because he acts under a mistaken belief of fact unless: (a) The mistake negatives the culpable mental state required for commission of the offense; or (b) The statute defining the offense expressly provides that such mistake is a […]
626:4 Intoxication. – Intoxication is not, as such, a defense. The defendant may, however, introduce evidence of intoxication whenever it is relevant to negate an element of the offense charged, and it shall be taken into consideration in determining whether such element has been proved beyond a reasonable doubt. Source. 1971, 518:1, eff. Nov. […]
626:5 Entrapment. – It is an affirmative defense that the actor committed the offense because he was induced or encouraged to do so by a law enforcement official or by a person acting in cooperation with a law enforcement official, for the purpose of obtaining evidence against him and when the methods used to […]
626:6 Consent. – I. The consent of the victim to conduct constituting an offense is a defense if such consent negatives an element of the offense or precludes the harm sought to be prevented by the law defining the offense. II. When conduct constitutes an offense because it causes or threatens bodily harm, consent […]
626:7 Defenses; Affirmative Defenses and Presumptions. – I. When evidence is admitted on a matter declared by this code to be: (a) A defense, the state must disprove such defense beyond a reasonable doubt; or (b) An affirmative defense, the defendant has the burden of establishing such defense by a preponderance of the evidence. […]
626:8 Criminal Liability for Conduct of Another. – I. A person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is legally accountable, or both. II. A person is legally accountable for the conduct of another person when: (a) Acting […]
