(1)
Kinds of Culpability Defined.
(a) INTENT. A person acts with intent or intentionally when
he or she acts with the objective or purpose to accomplish a
result which constitutes a crime.
(b) KNOWLEDGE. A person knows or acts knowingly or with
knowledge when:
(i) he or she is aware of a fact, facts, or circumstances or
result described by a statute defining an offense; or
(ii) he or she has information which would lead a reasonable
person in the same situation to believe that facts exist which
facts are described by a statute defining an offense.
(c) RECKLESSNESS. A person is reckless or acts recklessly
when he or she knows of and disregards a substantial risk that a
wrongful act may occur and his or her disregard of such
substantial risk is a gross deviation from conduct that a
reasonable person would exercise in the same situation.
(d) CRIMINAL NEGLIGENCE. A person is criminally negligent
or acts with criminal negligence when he or she fails to be aware
of a substantial risk that a wrongful act may occur and his or
her failure to be aware of such substantial risk constitutes a
gross deviation from the standard of care that a reasonable
person would exercise in the same situation.
(2) Substitutes for Criminal Negligence, Recklessness, and
Knowledge. When a statute provides that criminal negligence
suffices to establish an element of an offense, such element also
is established if a person acts intentionally, knowingly, or
recklessly. When recklessness suffices to establish an element,
such element also is established if a person acts intentionally
or knowingly. When acting knowingly suffices to establish an
element, such element also is established if a person acts
intentionally.
(3) Culpability as Determinant of Grade of Offense. When
the grade or degree of an offense depends on whether the offense
is committed intentionally, knowingly, recklessly, or with
criminal negligence, its grade or degree shall be the lowest for
which the determinative kind of culpability is established with
respect to any material element of the offense.
(4) Requirement of Wilfulness Satisfied by Acting Knowingly. A requirement that an
offense be committed wilfully is satisfied if a person acts knowingly with respect to
the material elements of the offense, unless a purpose to impose
further requirements plainly appears.
[2009 c 549 § 1002; 1975 1st ex.s. c 260 § 9A.08.010.]