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Strict Liability

2 October, 2015 - 17:19

An exceptionto the requirement of a criminal intent element is strict liability. Strict liability offenses have nointent element. 1 This is a modern statutory trend, which abrogates the common-law approach that behavior is only criminal when the defendant commits acts with a guilty mind. Sometimes the rationale for strict liability crimes is the protection of the public’s health, safety, and welfare. Thus strict liability offenses are often vehicle code or tax code violations, mandating a less severe punishment. 2 With a strict liability crime, the prosecution has to prove only the criminal act and possibly causation and harm or attendant circumstances, depending on the elements of the offense.