562.021. Culpable mental state, application. - Missouri Statutes

Culpable mental state, application.

562.021. 1. If the definition of any offense prescribes a culpablemental state but does not specify the conduct, attendant circumstances orresult to which it applies, the prescribed culpable mental state applies toeach such material element.

2. If the definition of an offense prescribes a culpable mental statewith regard to a particular element or elements of that offense, theprescribed culpable mental state shall be required only as to specifiedelement or elements, and a culpable mental state shall not be required asto any other element of the offense.

3. Except as provided in subsection 2 of this section and section562.026, if the definition of any offense does not expressly prescribe aculpable mental state for any elements of the offense, a culpable mentalstate is nonetheless required and is established if a person acts purposelyor knowingly; but reckless or criminally negligent acts do not establishsuch culpable mental state.

4. If the definition of an offense prescribes criminal negligence asthe culpable mental state, it is also established if a person actspurposely or knowingly or recklessly. When recklessness suffices toestablish a culpable mental state, it is also established if a person actspurposely or knowingly. When acting knowingly suffices to establish aculpable mental state, it is also established if a person acts purposely.

5. Knowledge that conduct constitutes an offense, or knowledge of theexistence, meaning or application of the statute defining an offense is notan element of an offense unless the statute clearly so provides.

(L. 1977 S.B. 60, A.L. 1993 S.B. 167, A.L. 1997 S.B. 89)