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Criminal Law Simons, Volumes I and II

Class #9: Strict Liability Offenses

Strict liability crimes do not require a mental state at all. In this assignment, we will explore the doctrinal areas in which strict liability crimes occur (public welfare offenses and statutory rape). We also will consider the policy bases justifying these exceptions to the general rule requiring a mental state, parse the complex NYPL provisions criminalizing sex with and among minors, and then briefly consider the complex policy questions raised by regulating consensual sex in the first place.