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      Mens Rea: Explained

      We’ve all heard it before—someone has committed a crime “with intent” or “intentionally.” But what does “intent” really mean?

      Intent is one type of mens rea – or state of mind— that may need to be proved when someone is charged with a crime. The term mens rea literally translates to “guilty mind” and refers to the state of mind of a person, reflecting their level of responsibility for a crime.

      The model penal code recognizes four types of states of mind: intent, knowledge, recklessness, and negligence. Minnesota only defines intent and knowledge in State statute.

      Intent is defined in Minnesota as: the purpose to do a certain thing or cause a specific result. There are two levels to intent, general and specific, which are not explicitly defined in statute and instead rely on Minnesota case law to define them.

      Knowledge is defined as: believing a certain fact exists or is true.

      While recklessness and negligence are not statutorily defined in Minnesota, they are still elements in some crime statutes, such as reckless discharge of a firearm. The model penal code defines recklessness as “a disregard of known risks,” and negligence as “the lack of awareness of a risk when you should have known about it.”

      A person’s mental state plays a role in most criminal cases. Specifically, every criminal offense requires one of the mental states outlined above. If specific intent is required, there is an additional requirement the State must have evidence to support. This is why it is important to have a defense attorney who understands the nuances and differences between the types of states of mind. If you have been charged with an offense or are concerned charges may be coming, reach out to one of our attorneys at Brandt Kettwick Defense.

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