Bonus Exercise: The Staples Rule

X-Citement Video applied a rule from an ealier case, Staples, that is a useful background tool. The rule applies when a certain element does not clearly have a mens rea. Maybe the statute has an earlier mens rea, such as knowledge, and the question is whether that mens rea applies to this element as well. Or maybe the statute has no mens rea listed at all.

Either way, the Staples rule says that following with respect to the relevant element: if we remove that element, would the conduct still be unlawful. Thus, for the statute in X-Citement Video, if the element is "minor," then if we remove that element, the remaining statute would prohibit taking a picture of a nude adult. Since that conduct is not unlawful, that means that the element, "minor," is necessary to make the conduct criminal. "Knowledge" therefore applies to the element, "minor," 

Please apply this rule to the below examples. We will go over them in class. I call this a "bonus," because you will not be responsible for the Staples rule. But it does provide good additional practice in understanding how mens rea works.