Document Type


Publication Date

Spring 2022


This Article comprehensively reviews the law of stated culpability requirements in Model Penal Code (MPC) jurisdictions. Part I provides an overview of section 2.02(4), explaining how the provision works and its role in the MPC’s culpability scheme. Part II then identifies section 2.02(4)’s main weaknesses, drawing on both the provision itself and the Code’s commentary. Next, Part III reviews the law in the twenty-five states with culpability provisions influenced by the MPC, identifying specific problems that section 2.02(4) has created in the case law. Finally, Part IV recommends new stated-culpability rules that improve section 2.02(4) and more rigorously enforce the Code’s requirement of culpability for each offense element.

Publication Title

Rutgers University Law Review



First Page


Last Page



Model Penal Code, American Law Institute, culpability, stated culpability, section 2.02(4), criminal law, mens rea, strict liability, absolute liability, mental states

Included in

Criminal Law Commons



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