REQUIREMENTS OF OFFENSE LIABILITY

CHAPTER 20. BASIC REQUIREMENTS OF OFFENSE LIABILITY AND

DEFENSES RELATED TO THE OFFENSE HARM OR WRONG
Section 24 – Culpability Requirements

(a) Culpability Required as to Every Objective Element. A person is not

guilty of an offense unless the person has culpability with respect to each

objective element of the offense.

(b) Concurrence Required. The culpability required by Subsection (a)

must exist at the time of the conduct constituting the offense.

(c) Purpose. A person acts purposely:

(1) with respect to a conduct or result element if it is the person’s

conscious object to engage in such conduct or bring about such result;

(2) with respect to a circumstance element if the person is aware

of the existence of such circumstances or hopes or believes that such

circumstances exist.

(3) Conditional Purpose. A person’s conditional purpose satisfies

the purpose requirement unless it negatives the harm or wrong to be

prevented by the law defining the offense.

(d) Knowledge. A person acts knowingly:

(1) with respect to a conduct element if the person is aware that

the person’s conduct is of that nature,

(2) with respect to a circumstance element if the person is aware

that it is probable that such circumstance exists,

(3) with respect to a result element if the person is aware that it is

practically certain that his conduct will cause such a result.

(e) Recklessness. A person acts recklessly with respect to an objective

element if:

(1) the person consciously disregards a substantial and

unjustifiable risk that the objective element exists or will result from the

person’s conduct, and

(2) the risk is of such a nature and degree that, considering the

nature and purpose of the person' s conduct and the circumstances

known to the person, its disregard involves a gross deviation from theacceptable standards of conduct for a person in the same situation.

(f) Negligence. A person acts negligently with respect to an objective

element if:

(1) the person should be aware of a substantial and unjustifiable

risk that the objective element exists or will result from the person’s

conduct, and

(2) the risk is of such a nature and degree that, considering the

nature and purpose of the person' s conduct and the circumstances

known to the person, failure to perceive the risk involves a gross

deviation from the acceptable standards of conduct for a person in the

same situation.

(g) Proof of Higher Culpability Satisfies Lower Culpability

Requirement. The culpability requirement of:

(1) knowledge is satisfied by proof of purpose;

(2) recklessness is satisfied by proof of purpose or knowledge;

(3) negligence is satisfied by proof of purpose, knowledge, or

recklessness.

(h) Culpability Required Where None Stated. If a culpability

requirement for an objective element is not expressly provided in an

offense definition or a grading provision, the minimum culpability

required as to that element is recklessness.

(i) Strict Liability. No culpability requirement is imposed for an

objective element under Subsection (h) if the offense:

(1) constitutes a violation, or

(2) is defined by a statute outside of this Code, if a legislative

purpose to impose strict liability for such offense, or with respect to any

material element thereof, plainly appears.

(j) Effect of a Stated Culpability Requirement. If a culpability

requirement is expressly provided in an offense definition, that

culpability is required as to all subsequent elements in the same clause

of the offense definition, or as plain meaning would otherwise require.

(k) Culpability as to Illegality of Conduct Not an Element. Unless

otherwise provided in the offense definition, a person’s culpability as to

whether his conduct constitutes an offense is not an element of the

offense.