119-hr59

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 59 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 59

 To specify the state of mind required for conviction for criminal 
offenses that lack an expressly identified state of mind, and for other 
 purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 3, 2025

 Mr. Biggs of Arizona (for himself and Mr. Ogles) introduced the 
 following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To specify the state of mind required for conviction for criminal 
offenses that lack an expressly identified state of mind, and for other 
 purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Mens Rea Reform Act of 2025''.

SEC. 2. STATE OF MIND ELEMENT FOR CRIMINAL OFFENSES.

    (a) In General.--Chapter 1 of title 18, United States Code, is 
amended by adding at the end the following:
``

Sec. 28. State of mind when not otherwise specifically provided
 ``

    (a) 

=== Definitions. ===
-In this section--
 ``

    (1) the term `covered offense'--
 ``
        (A) means an offense--
 ``
            (i) specified in--
 ``
            (I) this title or any other Act 
 of Congress;
 ``
            (II) any regulation; or
 ``
            (III) any law (including 
 regulations) of any State or foreign 
 government incorporated by reference 
 into this title or any other Act of 
 Congress; and
 ``
            (ii) that is punishable by imprisonment, 
 a maximum criminal fine of at least $2,500, or 
 both; and
 ``
        (B) does not include--
 ``
            (i) any offense set forth in chapter 47 
 or chapter 47A of title 10; or
 ``
            (ii) any offense incorporated by 

section 13

    (a) of this title;
 ``

    (2) the term `knowingly', as related to an element of an 
 offense, means--
 ``
        (A) if the element involves the nature of the 
 conduct of a person or the attendant circumstances, 
 that the person is aware that the conduct of the person 
 is of that nature or that such circumstances exist; and
 ``
        (B) if the element involves a result of the 
 conduct of a person, that the person is aware that it 
 is practically certain that the conduct of the person 
 will cause such a result;
 ``

    (3) the term `state of mind' means willfully, 
 intentionally, maliciously, knowingly, recklessly, wantonly, 
 negligently, with reason to believe, or any other word or 
 phrase that is synonymous with or substantially similar to any 
 such term; and
 ``

    (4) the term `willfully', as related to an element of an 
 offense, means--
 ``
        (A) that the person acted with knowledge that the 
 person's conduct was unlawful; and
 ``
        (B) if the element involves the nature, attendant 
 circumstances, object, or result of the conduct of a 
 person, that--
 ``
            (i) the person had knowledge of the 
 nature, attendant circumstances, object, or 
 result of the conduct of the person; and
 ``
            (ii) it was the conscious object of the 
 person to engage in conduct--
 ``
            (I) of that nature;
 ``
            (II) with that attendant 
 circumstance;
 ``
            (III) with that object; or
 ``
            (IV) to cause such a result.
 ``

    (b) Default Requirement.--Except as provided in subsections
            (c) and
            (d) , a covered offense shall be construed to require the Government 
to prove beyond a reasonable doubt that the defendant acted--
 ``

    (1) with the state of mind specified in the text of the 
 covered offense for each element of the offense for which the 
 text specifies a state of mind; and
 ``

    (2) knowingly, with respect to any element of the offense 
 for which the text of the covered offense does not specify a 
 state of mind.
 ``
            (c) Failure To Distinguish Among Elements.--Except as provided in 
subsection
            (d) , if the text of a covered offense specifies the state of 
mind required for commission of the covered offense without specifying 
the elements of the covered offense to which the state of mind applies, 
the state of mind specified shall apply to all elements of the covered 
offense, unless a contrary purpose plainly appears.
 ``
            (d) Exceptions.--
 ``

    (1) In general.--Subsections

    (b)

    (2) and
            (c) shall not 
 apply with respect to--
 ``
        (A) any element for which the text of the covered 
 offense makes clear that Congress affirmatively 
 intended not to require the Government to prove any 
 state of mind with respect to such element;
 ``
        (B) any element of a covered offense, to the 
 extent that the element establishes--
 ``
            (i) subject matter jurisdiction over the 
 covered offense; or
 ``
            (ii) venue with respect to trial of the 
 covered offense; or
 ``
            (C) any element of a covered offense, to the 
 extent that applying subsections

    (b)

    (2) and
            (c) to such 
 element would lessen the degree of mental culpability 
 that the Government is required to prove with respect 
 to that element under--
 ``
            (i) precedent of the Supreme Court of the 
 United States; or
 ``
            (ii) any other provision of this title, 
 any other Act of Congress, or any regulation.
 ``

    (2) Mere absence insufficient.--For purposes of paragraph

    (1)
        (A) , the mere absence of a specified state of mind for an 
 element of a covered offense in the text of the covered offense 
 shall not be construed to mean that Congress affirmatively 
 intended not to require the Government to prove any state of 
 mind with respect to that element.
 ``

    (e) Applicability.--This section shall apply with respect to a 
covered offense--
 ``

    (1) without regard to whether the provision or provisions 
 specifying the covered offense are enacted, promulgated, or 
 finalized before, on, or after the date of enactment of this 
 section; and
 ``

    (2) that was committed--
 ``
        (A) on or after the date of enactment of this 
 section; or
 ``
        (B) before the date of enactment of this section, 
 unless--
 ``
            (i) applying this section to such covered 
 offense would--
 ``
            (I) punish as a crime conduct 
 that was innocent when done;
 ``
            (II) increase the punishment for 
 the covered offense; or
 ``
            (III) deprive a person charged 
 with the covered offense of any defense 
 available according to law at the time 
 the covered offense occurred;
 ``
            (ii) a jury has been empaneled and sworn 
 in a prosecution for the covered offense before 
 the date of enactment of this section;
 ``
            (iii) the first witness has been sworn in 
 a prosecution for the covered offense tried 
 without a jury before the date of enactment of 
 this section; or
 ``
            (iv) a sentence has been imposed 
 following a plea of guilty or nolo contendere 
 in a prosecution for the covered offense before 
 the date of enactment of this section.
 ``

    (f) Subsequently Enacted Laws.--No provision of law enacted after 
the date of enactment of this section shall be construed to repeal, 
modify the text or effect of, or supersede in whole or in part this 
section, unless such law specifically refers to this section and 
explicitly repeals, modifies the text or effect of, or supersedes in 
whole or in part this section.''.

    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 1 of title 18, United States Code, is amended by adding at the 
end the following:

``28. State of mind when not otherwise specifically provided.''.
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