Re:Teenager Who Reads News Online? According to the DoJ, You...
by gamblor956 on Wednesday April 03, 2013 @03:25PM
(#5488420)
As noted above, you guys are both right (and wrong) regarding intent.
Intent applies to every material factor of the crime, for most crimes. Thus, for cocaine possession, you must (a) intend to possess the substance at issue, and (b) you must know the substance at issue is cocaine. If intent is not met for both of those factors (aka sub-elements), then intent has not been proven.
For SR, it's different. You must have intended to commit the sexual acts at issue. However, intent is not required as your knowledge of the age of the other party. In that sense, SR is strict liability. But note--many legal scholars and judges are of the opinion that SR as a strict liability crime is unconstitutional. For CP, the issue, as discussed in another comment, is similar--the intent to possess is a required element, but not knowledge that the possessed content is CP (though some states require intent as to both).
Intent applies to every material factor of the crime, for most crimes. Thus, for cocaine possession, you must (a) intend to possess the substance at issue, and (b) you must know the substance at issue is cocaine. If intent is not met for both of those factors (aka sub-elements), then intent has not been proven.
For SR, it's different. You must have intended to commit the sexual acts at issue. However, intent is not required as your knowledge of the age of the other party. In that sense, SR is strict liability. But note--many legal scholars and judges are of the opinion that SR as a strict liability crime is unconstitutional. For CP, the issue, as discussed in another comment, is similar--the intent to possess is a required element, but not knowledge that the possessed content is CP (though some states require intent as to both).