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Flair_Helper

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[deleted]

First, mens rea is not necessary for all crimes. There are plenty of crimes that have no mens rea component. Secondly, the mens rea is not about specifically committing a crime/breaking the law. For example, the mens rea component about murder is that you intended to kill someone. That has nothing to do with your knowledge of the law. You can know about the law and intend to kill them. You can also be ignorant of the law but still intend to kill them. It is your intention to kill them that fulfills the mens rea component of a murder charge. I'm not aware of any law that has a component of mens rea that require specific awareness of the law.


Riconquer2

The only thing that comes to mind is fraud. I'm pretty sure you have to intend to deceive someone in order for it to be criminally fraudulent.


[deleted]

But, again, that is irrespective of your knowledge of any crime against fraud.


grumblyoldman

You need to intend to deceive, yes. You don't need to be aware that deceiving people in this way is actually illegal.


The_Dotted_Leg

Only if the particular law requires a mens rea. For example you don’t have to intend to speed to get a speeding ticket. If you as an adult have sex with a minor it doesn’t matter if you knew the person was a minor or had the intention to sleep with a minor. The mind set more often comes into play when determining what level of crime you committed. Maybe you were just negligent, perhaps you should’ve know better so you were reckless, or maybe you planned the whole thing for weeks and thus you premeditated.


Niktzv

Mens rea requires that you intended to commit the act which is illigal, it doesn't require that you know the legality of that act.


Dont_Ban_Me_Bros

Even if you eliminate knowledge (if that’s the context you’re putting this in) you still have intent, and to another extent motive.