The following definitions are applicable to the determination of culpability requirements for offenses defined in this code: “Act” means a bodily movement, and includes words and possession of property. “Conduct” means an act or omission and its accompanying state of mind or, where relevant, a series of acts or omissions. “Criminal negligence”. A person acts […]
The minimum requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is physically capable of performing. If that conduct is all that is required for commission of a particular offense, or if an offense or some material element […]
When the commission of an offense, or some element of an offense, requires a particular culpable mental state, that mental state is ordinarily designated by use of the terms “intentionally”, “with intent”, “knowingly”, “willfully”, “recklessly”, or “criminal negligence” or by use of the terms “with intent to defraud” and “knowing it to be false” describing […]
If the criminality of conduct depends on a child being younger than eighteen years of age and the child was in fact at least fifteen years of age, it shall be an affirmative defense that the defendant reasonably believed the child to be eighteen years of age or older. This affirmative defense shall not be […]
A person is not relieved of criminal liability for conduct because he engaged in that conduct under a mistaken belief of fact, unless: It negatives the existence of a particular mental state essential to commission of the offense; or The statute defining the offense or a statute relating thereto expressly provides that a factual mistake […]
The consent of the victim to conduct charged to constitute an offense or to the result thereof is not a defense unless the consent negatives an element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense. When conduct is charged to constitute […]
