Criminal Law Foundations - Model Penal Code (MPC) Intents

The Model Penal Code (MPC)

  • The American Law Institute published the MPC in the early 1960s.

  • It served as a model for states to improve and standardize their penal laws.

  • Many state laws and criminal codes are based on the MPC.

Types of Intent Under the MPC

  • Four types of intent: purposely, knowingly, recklessly, and negligently.

Purposely

  • Subjective Standard

  • A person acts purposely when their conscious object is to engage in certain conduct or cause a certain result.

  • It is also called intention.

  • This is a subjective standard, focusing on the person's perspective.

  • Example: Dom shoots red balloons because he dislikes the color red; his conscious object is to pop the balloons.

Knowingly

  • Subjective standard.

  • Applies to the nature of conduct or the result of conduct.

  • Nature of conduct: awareness that conduct is of a particular nature or that certain circumstances exist.

    • Awareness of a high probability that circumstances exist, and deliberate avoidance of learning the truth, can count as knowledge.

    • Example: Julia transports a locked box for money, aware of drug trafficking issues, and avoids asking about the contents. Even without certainty, she acted knowingly regarding the nature of her conduct.

  • Result of conduct: knowing that conduct will necessarily or very likely cause a particular result.

    • Example: Julia shoots at a target through balloons, knowing she will likely hit a balloon. She acted knowingly regarding the result of her conduct.

Recklessly

  • Combines subjective and objective elements.

  • A person acts recklessly when they consciously disregard a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow.

  • Their disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise.

  • Example: Priya speeds, does makeup, and drinks coffee while driving, despite knowing the risks from a prior accident, and crashes. She consciously disregarded a substantial and unjustifiable risk, constituting a gross deviation from reasonable care.

  • Subjective: the defendant's awareness (based on past wrecks) or conscious disregard.

  • Objective: the substantial and unjustifiable risk and gross deviation from the standard of care, judged from a reasonable person's perspective.

Negligence

  • Objective standard

  • A person acts negligently when they fail to be aware of a substantial and unjustifiable risk, and their lack of awareness is a substantial deviation from the standard of care.

  • Determined entirely objectively.

  • Example: Priya, with a clean driving record, speeds, does makeup, and drinks coffee while driving, unaware of the risks, and crashes. She failed to be aware of a very unreasonable risk, which was a substantial deviation from reasonable care.

  • Violation of a statute may be used as evidence.

  • The standard for criminal negligence requires a very unreasonable risk (different than standard for Torts negligence)

    • Looking down to change your radio station isn't negligent enough.

Venn Diagram of MPC Intents

  • Purposely and knowingly are subjective.

  • Negligence is entirely objective.

  • Recklessly combines subjective (conscious disregard) and objective (substantial and unjustifiable risk) elements.

Criminal Law Exams

  • Read statutes carefully to determine the required mental state for each element of the crime.