HR 59 · 119th CongressIn Committee

Mens Rea Reform Act of 2025

Latest updateJun 10, 2025

Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 15 - 13.

Crime and Law Enforcement

Sponsor

Andy Biggs

Introduced

January 3, 2025

Latest action

June 10, 2025

Legislative Progress

How far this bill has traveled through Congress

Introduced

Bill filed in chamber

Committee

Reviewed & reported

Passed Chamber

House or Senate vote

Passed Both

House & Senate agree

President

Sent to White House

Enacted

Signed into law

Introduced

Bill filed in chamber

Committee

Reviewed & reported

Passed Chamber

House or Senate vote

Passed Both

House & Senate agree

President

Sent to White House

Enacted

Signed into law

Latest Action

Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 15 - 13.

Plain-Language Summary

AI Generated

Federal criminal law currently contains hundreds of offenses that do not explicitly state what mental state—such as intent, knowledge, or recklessness—a defendant must have to be convicted. Courts have struggled to interpret these gaps, sometimes requiring prosecutors to prove the defendant acted knowingly or intentionally, and sometimes allowing conviction based on negligence or even strict liability with no mental state requirement at all. This inconsistency creates uncertainty for defendants, prosecutors, and judges about what must be proven at trial.

The Mens Rea Reform Act of 2025 amends Chapter 1 of Title 18, United States Code, by adding a new Section 28 that establishes a default rule for federal criminal offenses lacking an express mental state requirement. The bill requires the Government to prove that a defendant acted "knowingly" with respect to any element of a covered offense—meaning the defendant was aware of the conduct's nature, circumstances, or results—unless the offense text specifies a different mental state or Congress clearly intended to impose no mental state requirement at all. The bill defines "knowingly" and "willfully" with precision and applies this default across all federal crimes punishable by imprisonment or a fine of at least $2,500.

The law takes effect upon enactment and applies to offenses committed on or after that date, with limited exceptions for cases already in trial or concluded before enactment. The bill does not create new crimes or penalties; instead, it clarifies the mental state prosecutors must prove, potentially making convictions harder to obtain in cases where statutes are silent on intent. The change affects prosecutions across federal agencies—from the Department of Justice to regulatory agencies enforcing criminal provisions—and may require prosecutors to gather additional evidence of a defendant's knowledge or awareness. Existing convictions are generally protected unless applying the new rule would retroactively punish innocent conduct or increase punishment.

Key Provisions

1Establish a default requirement that prosecutors prove a defendant acted 'knowingly' regarding any element of a federal crime that does not specify a required mental state, with 'knowingly' defined as awareness of the conduct's nature, circumstances, or practically certain results.
2Define 'willfully' to mean the defendant acted with knowledge that the conduct was unlawful and with conscious intent to engage in conduct of that nature or to cause that result.
3Provide exceptions to the default rule where the offense text makes clear Congress intended no mental state requirement, where the element establishes jurisdiction or venue, or where applying the default would reduce the mental culpability already required by Supreme Court precedent or other law.
4Apply the new mental state requirement to all federal criminal offenses punishable by imprisonment or a criminal fine of at least $2,500, excluding military offenses and crimes incorporated by reference from state law.
5Protect completed prosecutions and convictions from retroactive application, except where the new rule would not punish innocent conduct, increase punishment, or deprive a defendant of a defense available at the time the offense occurred.

★ Why this matters

The bill standardizes what prosecutors must prove in federal criminal trials by requiring proof of knowledge or awareness for offense elements that lack an explicit mental state requirement. This raises the burden of proof in prosecutions where statutes are silent on intent, potentially making some convictions more difficult to obtain and reducing the number of strict-liability offenses in federal law. Defendants gain clearer notice of what mental state the Government must establish, and courts gain a uniform interpretive rule rather than case-by-case judicial discretion.

● Who this affects

Federal prosecutors and the Department of Justice, who must now prove knowledge or awareness for previously ambiguous offense elements. Defendants charged with federal crimes lacking express mental state requirements, who benefit from a higher burden of proof. Regulatory agencies with criminal enforcement authority—including the Environmental Protection Agency, Food and Drug Administration, and Securities and Exchange Commission—whose prosecutions may become more difficult when statutes do not specify intent. Federal judges, who will apply the new default rule to interpret ambiguous criminal statutes consistently across cases.

Bill Text

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<DOC>

119th CONGRESS
  1st Session
                                 H. R. 59

   To specify the state of mind required for conviction for criminal 
offenses that lack an expressly identified state of mind, and for other 
                               purposes.

                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2025

    Mr. Biggs of Arizona (for himself and Mr. Ogles) introduced the 
  following bill; which was 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 mind, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mens Rea Reform Act of 2025''.

SEC. 2. STATE OF MIND ELEMENT FOR CRIMINAL OFFENSES.

    (a) In General.--Chapter 1 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 28. State of mind when not otherwise specifically provided
    ``(a) Definitions.--In this section--
            ``(1) the term `covered offense'--
                    ``(A) means an offense--
                            ``(i) specified in--
                                    ``(I) this title or any other Act 
                                of Congress;
                                    ``(II) any regulation; or
                                    ``(III) any law (including 
                                regulations) of any State or foreign 
                                government incorporated by reference 
                                into this title or any other Act of 
                                Congress; and
                            ``(ii) that is punishable by imprisonment, 
                        a maximum criminal fine of at least $2,500, or 
                        both; and
                    ``(B) does not include--
                            ``(i) any offense set forth in chapter 47 
                        or chapter 47A of title 10; or
                            ``(ii) any offense incorporated by section 
                        13(a) of this title;
            ``(2) the term `knowingly', as related to an element of an 
        offense, means--
                    ``(A) if the element involves the nature of the 
                conduct of a person or the attendant circumstances, 
                that the person is aware that the conduct of the person 
                is of that nature or that such circumstances exist; and
                    ``(B) if the element involves a result of the 
                conduct of a person, that the person is aware that it 
                is practically certain that the conduct of the person 
                will cause such a result;
            ``(3) the term `state of mind' means w…

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Alma Adams

D-North Carolina · District 12

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Mens Rea Reform Act of 2025

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