**Does not include a mental state element**
--\> Court must determine whether the legislature purposefully left out a mental state element bc it wanted to treat the crime as one of strict liability or whether the omission was inadvertent
--\> When it is silent on mens rea the ordinary presumption is that mental state is required for criminal liability
Morrissette: When determining if a crime is SL or not when no mens rea is specified look to these factors if yes then SL crime:
(1) public welfare offense, i.e. public health and safety, welfare, etc.),
(2) statute punishes for omission,
(3) statute punishes risk of injury (rather than actual injury),
(4) D in position to prevent the harm, and it's reasonable to expect this of D,
(5) light penalties,
(6) little stigma,
(7) newly- created crime
(not a crime at common law)
Garnett: Court does not go through Morrissette factors because they found clear legislative history and intent to make it a SL crime. Showed that the statutory construction was made to put in no mens rea and if they wanted to they knew how to do it.