According to the Model Penal Code, what is the default minimum mens rea?

Under the Model Penal Code (MPC), the default minimum mens rea, or mental state required for criminal liability, is recklessness. This means that if a statute does not specify a required mental state for a particular offense, the prosecution must prove that the defendant acted recklessly. Recklessness involves a conscious disregard of a substantial and unjustifiable risk that a material element of the crime exists or will result from the conduct.

The MPC distinguishes between various mental states: negligently, recklessly, purposely (intentionally), and strict liability. Negligently refers to a failure to be aware of a substantial and unjustifiable risk, which is a lower standard than recklessness. Intentionally denotes a more deliberate state of mind where the individual aims to achieve a specific result. Strict liability offenses, on the other hand, do not require any mens rea; simply committing the act is sufficient to trigger liability, and thus these do not apply when considering the default minimum mens rea for most crimes under the MPC.

Therefore, recklessness is the baseline mental state unless a specific statute indicates a higher mens rea standard is necessary for a particular offense.