Also known as: knowingly and recklessly · mens rea · scienter
Written by attorneys · grounded in primary & secondary sources — see below
A culpable mental state consisting of either actual awareness that a fact or circumstance exists or conscious disregard of a substantial and unjustifiable risk that the fact or circumstance exists.
Kiana Kwan told her elderly uncle that his favorite charity had been shut down by regulators. She knew the statement was false but made it anyway to induce him to redirect a large bequest to her instead. The uncle changed his will in reliance on the statement.
Brian entered a monitoring station at night intending to alter data. When a manager walked through the doorway Brian shoved him toward a stairwell causing the manager to stumble near the edge. The shove occurred while Brian remained inside the building.
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Knowingly or recklessly requires actual awareness or conscious disregard of a substantial risk. Negligence requires only a failure to perceive a risk that a reasonable person would have perceived. The MPC provides that when negligence suffices an element is also established by acting knowingly or recklessly.
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Yes. The Model Penal Code states that when recklessness suffices to establish an element the element is also established if a person acts purposely or knowingly.
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The prosecution must show that the defendant attempted to cause or purposely knowingly or recklessly caused bodily injury to another. The mental state attaches to the causation or attempt element.
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