Mens Rea Throughout the Model Penal Code

Erin E. Murphy (NYU Law), Associate Reporter for Model Penal Code: Sexual Assault and Related Offenses, answers the following questions:

– The mental states and their definitions in the 1962 Model Penal Code have been incorporated into many state codes. What are the four mental states the Code defines?

– The 1962 Code explains in Subsection (3) how to interpret the Code if no mental state is specified; requiring proof of at least a reckless mental state. What does this mean?

– How does this affect the current project, Model Penal Code: Sexual Assault and Related Offenses?

– What is the controversy around Model Penal Code: Sexual Assault and Related Offenses and reckless as a mental state?

Please be advised that this video explores complex and sensitive legal topics and contains mature content. The information discussed in this video relates to ALI project drafts and topics that may have been updated or changed since the release of this video. For the most up-to-date information on ALI projects, please visit


Published: 2021


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