Title V. Penal Code
Chapter 2. General Requirements of Liability.
§ 201. Mentes Reae.
1. A person is not guilty of a crime unless he acted intentionally, recklessly or negligently, as the law may require, with respect to each material element of the crime, unless the law defining the crime does not specify a necessary mental state (the "mentes reae").
2. A person acts intentionally with respect to a
material element of a crime when:
a. if
the element involves the nature of his conduct, that he is aware that his conduct is of
that nature; and
b. if
the element involves the result of his conduct, it is his conscious object to cause such a
result or practically certain that his conduct will cause such a result; and
c. if
the element involves the attendant circumstances, he is aware of the existence of such
circumstances.
3. A person acts recklessly with respect to a material element of a crime when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and intent of the defendant's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the defendant's situation.
4. A person acts negligently with respect to a material element of a crime when he fails to use the ordinary care of a reasonable person under similar circumstances, or, when involving duties done in the course of one's profession, less that that ordinarily taken by a person reasonably skilled in that profession. It shall be a reasonable expectation that a parent shall provide adequate care of a dependent child to prevent serious bodily harm or death.
5. When the law defining a crime prescribes the kind of liability that is sufficient for the commission of a crime, without distinguishing among the material elements thereof, such provision shall apply to all the material elements of the crime, unless a contrary purpose plainly appears.
6. When the law provides that negligence suffices to establish an element of a crime, such element also is established if a person acts intentionally or recklessly.
7. When the law provides that recklessness suffices to establish an element of a crime, such element also is established if a person acts intentionally.
8. Lack of knowledge as to whether conduct constitutes a crime or as to the existence, meaning or application of the law determining the elements of a crime is not a defence to the crime, unless the definition of the crime or the Code so provides.