This law explains how courts figure out the mental state a person needed to have when committing a crime. If a crime law says a person must have a certain mindset but does not say which part of the crime it applies to, that mindset applies to all parts. If the law only names a mindset for one specific part, that mindset is only required for that part. If a crime law does not mention a mindset at all, a person still needs to have acted on purpose or knowingly — acting recklessly or carelessly is not enough in that case. Higher levels of intent can always substitute for lower ones: acting on purpose counts as knowing, reckless, or negligent; acting knowingly counts as reckless or negligent; acting recklessly counts as negligent. Also, not knowing that something is against the law is not a defense, unless the law specifically says knowing about the law is required.
562.021. , . — 1. If the definition of any s a culpable mental state but does not specify the conduct, or result to which it applies, the prescribed culpable mental state applies to each such .
2. If the definition of an offense prescribes a culpable mental state with regard to a particular element or elements of that offense, the prescribed culpable mental state shall be required only as to specified element or elements, and a culpable mental state shall not be required as to any other .
3. Except as provided in 2 of this section and section 562.026, if the definition of any offense does not expressly prescribe a culpable mental state for any , a culpable mental state is nonetheless required and is established if a person acts or ; but or acts do not establish such culpable mental state.
4. If the definition of an offense prescribes as the culpable mental state, it is also established if a person acts purposely or knowingly or . When suffices to establish a culpable mental state, it is also established if a person acts purposely or knowingly. When acting knowingly suffices to establish a culpable mental state, it is also established if a person acts purposely.
5. Knowledge that conduct constitutes an offense, or knowledge of the existence, meaning or application of the defining an offense is not an element of an offense unless the statute clearly so provides.
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Source & history notes
(L. 1977 S.B. 60, A.L. 1993 S.B. 167, A.L. 1997 S.B. 89)
Related Missouri laws
Culpable mental state
RSMo 562.016
Culpable mental state, when not required
RSMo 562.026
Conspiracy, offense of
RSMo 562.014
Attempt
RSMo 562.012
Voluntary act
RSMo 562.011
Ignorance and mistake
RSMo 562.031
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.