Mens Rea Reform Act of 2025
- Set a default state-of-mind requirement: For covered federal criminal offenses that do not specify a required state of mind for an element, the government would generally have to prove beyond a reasonable doubt that the defendant acted knowingly as to that element. Covered offenses include those punishable by imprisonment or a maximum criminal fine of at least $2,500, with specified exclusions
- Apply stated standards to all elements: When an offense specifies a state-of-mind requirement but does not say which elements it covers, that requirement would apply to every element unless a contrary purpose plainly appears
- Keep specified exceptions in place: The default rules would not apply where Congress clearly intended no state-of-mind requirement for an element, to elements establishing jurisdiction or trial location, or where the rules would lower the mental culpability required by existing law
- Introduced
- In committee
- Reported▲ THIS MARKUP
- Passed House
- Passed Senate
- Law
What’s next: a floor vote. None is scheduled.
Readers can rate the committee’s call once its decision is on record.