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39-11-301 - Requirement of culpable mental state.

39-11-301. Requirement of culpable mental state.

(a)  (1)  A person commits an offense who acts intentionally, knowingly, recklessly or with criminal negligence, as the definition of the offense requires, with respect to each element of the offense.

     (2)  When the law provides that criminal negligence suffices to establish an element of an offense, that element is also established if a person acts intentionally, knowingly or recklessly. When recklessness suffices to establish an element, that element is also established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element, that element is also established if a person acts intentionally.

(b)  A culpable mental state is required within this title unless the definition of an offense plainly dispenses with a mental element.

(c)  If the definition of an offense within this title does not plainly dispense with a mental element, intent, knowledge or recklessness suffices to establish the culpable mental state.

[Acts 1989, ch. 591, § 1; 1990, ch. 1030, §§ 6, 7.]  

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