,,ii  #aagth ,,congress  #ast ,session  
,s4 #gci  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #aa1         
#bjba,mr4 ,lee 7for himself1 ,mr4       
,tillis1 and ,mr4 ,paul7 introduced the 
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to specify the  
state of mind required for conviction   
for criminal offenses that lack an      
expressly identified state of mind1 and 
for other purposes4  #a4 ,short title   
,this ,act may be cited as the ,mens    
,rea ,reform ,act of #bjba4  #b4 ,state 
of mind element for criminal offenses   
7a7 ,in general ,chapter #a of title    
#ah1 ,united ,states ,code1 is amended  
by adding at the end the following3     
#bh4 ,state of mind when not otherwise  
specifically provided  7a7 ,definitions 
,in this section-- 7#a7 the term covered
 offense-- 7,a7 means an offense-- 7i7  
specified in-- 7,i7 this title or any   
other ,act of ,congress2  7,,ii7 any    
regulation2 or  7,,iii7 any law         

7including regulations7 of any ,state or
 foreign government incorporated by     
reference into this title or any other  
,act of ,congress2 and  7ii7 that is    
punishable by imprisonment1 a maximum   
criminal fine of at least #b1ejj1 or    
both2 and  7,b7 does not include-- 7i7  
any offense set forth in chapter #dg or 
chapter #dg;,a of title #aj2 or  7ii7   
any offense incorporated by section     
#ac7;a7 of this title2  7#b7 the term   
knowingly1 as related to an element of  
an offense1 means-- 7,a7 if the element 
involves the nature of the conduct of a 
person or the attendant circumstances1  
that the person is aware that the       
conduct of the person is of that nature 
or that such circumstances exist2 and   
7,b7 if the element involves a result of
 the conduct of a person1 that the      
person is aware that it is practically  
certain that the conduct of the person  
will cause such a result2  7#c7 the term
 state of mind means willfully1         
intentionally1 maliciously1 knowingly1  

recklessly1 wantonly1 negligently1 with 
reason to believe1 or any other word or 
phrase that is synonymous with or       
substantially similar to any such term2 
and  7#d7 the term willfully1 as related
 to an element of an offense1 means--   
7,a7 that the person acted with         
knowledge that the person's conduct was 
unlawful2 and  7,b7 if the element      
involves the nature1 attendant          
circumstances1 object1 or result of the 
conduct of a person1 that-- 7i7 the     
person had knowledge of the nature1     
attendant circumstances1 object1 or     
result of his or her conduct2 and  7ii7 
it was the conscious object of the      
person to engage in conduct-- 7,i7 of   
that nature2  7,,ii7 with that attendant
 circumstance2  7,,iii7 with that       
object2 or  7,,iv7 to cause such a      
result4  7b7 ,default requirement       
,except as provided in subsections 7c7  
and 7d71 a covered offense shall be     
construed to require the ,government to 
prove beyond a reasonable doubt that the

 defendant acted-- 7#a7 with the state  
of mind specified in the text of the    
covered offense for each element of the 
offense for which the text specifies a  
state of mind2 and  7#b7 willfully1 with
 respect to any element of the offense  
for which the text of the covered       
offense does not specify a state of     
mind4  7c7 ,failure ,to distinguish     
among elements ,except as provided in   
subsection 7d71 if the text of a covered
 offense specifies the state of mind    
required for commission of the covered  
offense without specifying the elements 
of the covered offense to which the     
state of mind applies1 the state of mind
 specified shall apply to all elements  
of the covered offense1 unless a        
contrary purpose plainly appears4  7d7  
,exceptions  7#a7 ,in general           
,subsections 7b77#b7 and 7c7 shall not  
apply with respect to-- 7,a7 any element
 for which the text of the covered      
offense makes clear that ,congress      
affirmatively intended not to require   

the ,government to prove any state of   
mind with respect to such element2  7,b7
 any element of a covered offense1 to   
the extent that the element             
establishes-- 7i7 subject matter        
jurisdiction over the covered offense2  
or  7ii7 venue with respect to trial of 
the covered offense2 or  7,c7 any       
element of a covered offense1 to the    
extent that applying subsections 7b77#b7
 and 7c7 to such element would lessen   
the degree of mental culpability that   
the ,government is required to prove    
with respect to that element under-- 7i7
 precedent of the ,supreme ,court of the
 ,united ,states2 or  7ii7 any other    
provision of this title1 any other ,act 
of ,congress1 or any regulation4  7#b7  
,mere absence insufficient ,for purposes
 of paragraph 7#a77;,a71 the mere       
absence of a specified state of mind for
 an element of a covered offense in the 
text of the covered offense shall not be
 construed to mean that ,congress       
affirmatively intended not to require   

the ,government to prove any state of   
mind with respect to that element4  7e7 
,applicability ,this section shall apply
 with respect to a covered offense--    
7#a7 without regard to whether the      
provision or provisions specifying the  
covered offense are enacted1            
promulgated1 or finalized before1 on1 or
 after the date of enactment of this    
section2 and  7#b7 that occurred-- 7,a7 
on or after the date of enactment of    
this section2 or  7,b7 before the date  
of enactment of this section1 unless--  
7i7 applying this section to such       
covered offense would-- 7,i7 punish as a
 crime conduct that was innocent when   
done2  7,,ii7 increase the punishment   
for the covered offense2 or  7,,iii7    
deprive a person charged with the       
covered offense of any defense available
 according to law at the time the       
covered offense occurred2  7ii7 a jury  
has been empaneled and sworn in a       
prosecution for the covered offense     
before the date of enactment of this    

section2  7iii7 the first witness has   
been sworn in a prosecution for the     
covered offense tried without a jury    
before the date of enactment of this    
section2 or  7iv7 a sentence has been   
imposed following a plea of guilty or   
nolo contendere in a prosecution for the
 covered offense before the date of     
enactment of this section4  7f7         
,subsequently enacted laws ,no law      
enacted after the date of enactment of  
this section shall be construed to      
repeal1 modify the text or effect of1 or
 supersede in whole or in part this     
section1 unless such law specifically   
refers to this section and explicitly   
repeals1 modifies the text or effect of1
 or supersedes in whole or in part this 
section4  4  7b7 ,technical and         
conforming amendment ,the table of      
sections for chapter #a of title #ah1   
,united ,states ,code1 is amended by    
adding at the end the following3  #bh4  
,state of mind when not otherwise       
specifically provided4  4