Intentionally
Model Sexual Assault Code
General Definitions
Consent
Capacity to Consent
Forcible Compulsion
Sexual Contact
Sexual Penetration
Sexually Explicit Conduct
Mens Rea Provisions
Intentionally
Knowingly
Recklessly
Prescribed Culpability Requirement Applies to All Material Elements.
Substitutes for Recklessness and Knowledge.
Requirement of Purpose Satisfied if Purpose Is Conditional.
Requirement of Knowledge Satisfied by Knowledge of High Probability.
Crimes
Sexual Assault
Aggravated Sexual Assault
Sexual Assault Based on Abuse of Position
Sexual Assault Based on Deception
Criminal Sexual Conduct with Minors
Incest
Sexually Explicit Conduct in Public
Abusive Sexual Exposure
Abusive Sexual Conduct
Abusive Sexual Conduct Involving Ejaculate, Vaginal Fluid, or other Bodily Fluid or Substance
Nonconsensual Ingestion of Ejaculate, Vaginal Fluid, or other Bodily Fluid or Substance
Abusive Sexual Conduct Involving Animals
Sexual Torture
Unlawful Child Marriage
Intentionally 1
“A person acts [intentionally] with respect to a material element of an offense when:
- if the element involves the nature of [that person’s] conduct or a result thereof, it is [that person’s] conscious object to engage in conduct of that nature or to cause such a result; and
- if the element involves the attendant circumstances, [that person] is aware of the existence of such circumstances or [ ] believes or hopes that they exist.”
- The Model Penal Code § 2.02(2)(a) uses the term purposely. The MSAC replaced the term “purposely” with “intentionally.” The definition of “intentionally” is identical to the definition of “purposely” in Model Penal Code § 2.02(2)(a), however, the term “his” was removed and/or replaced with “that person” to make this provision gender neutral. ↩