Recklessly

Model Sexual Assault Code
Disclaimer
Acknowledgments
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
Definitions
Visual Depiction Digital Forgery Identifiable Individual Image-Based Nudity Image-Based Sexually Explicit Conduct Promote Transmits or Posts
Crimes
Image-Based Sexual Abuse Voyeurism/Unlawful Surveillance
Voluntary Transmission of the Image(s) to the Actor is No Defense Law Enforcement, Medical Treatment, and Legal Proceedings Defense Reasonable Expectation of Privacy
Mistake of Fact as to Age is Not a Defense Voluntary Intoxication or Drugged Condition is Not a Defense Ignorance of Law is Not a Defense
Human Trafficking Sex Offender Notification and Registration Act (SORNA) Female Genital Mutilation
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Recklessly 3

"A person acts recklessly with respect to a material element of an offense when [that person] consciously disregards a substantial and unjustifiable risk that the material element exists or will result from the conduct. The risk must be of such a nature and degree that, considering the nature and purpose of [that person’s] conduct and the circumstances known to [that person], its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in [that person’s] situation."

  1. The term and definition of “recklessly” is identical to The Model Penal Code § 2.02(2)(c), however, the words “his,” “the actor” were removed and/or replaced with “that person” to make this provision gender neutral. ↩
Knowingly Prescribed Culpability Requirement Applies to All Material Elements.