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RSMo 562.016effective 01 Jan 2017

Culpable mental state

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In plain English

For a person to be guilty of a crime, their mind has to be in on it — they have to have meant to do something wrong, known what they were doing, taken a reckless risk, or been seriously careless. "Purposely" means a person wanted that result. "Knowingly" means a person knew what they were doing or knew it would happen. "Recklessly" means a person knew there was a big risk and ignored it anyway. "Criminal negligence" means a person didn't even notice a big risk, but a normal person would have.

Word-for-word law

562.016. . — 1. Except as provided in section 562.026, a person is not guilty of an unless he or she acts with a culpable mental state, that is, unless he or she acts or or or with , as the defining the offense may require with respect to the conduct, the result thereof or the which constitute the of the crime.

2. A person "acts purposely", or with purpose, with respect to his or her conduct or to a result thereof when it is his or her conscious object to engage in that conduct or to cause that result.

3. A person "acts knowingly", or with knowledge:

(1) With respect to his or her conduct or to attendant circumstances when he or she is aware of the nature of his or her conduct or that those circumstances exist; or

(2) With respect to a result of his or her conduct when he or she is aware that his or her conduct is practically certain to cause that result.

4. A person "acts recklessly" or is when he or she consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result follow, and such disregard constitutes a from the standard of care which a reasonable person would exercise in the situation.

5. A person "acts with criminal negligence" or is when he or she fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.

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Source & history notes

(L. 1977 S.B. 60, A.L. 2014 S.B. 491) Effective 1-01-17

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RSMo 562.016: Culpable mental state | KnowMo Laws