§702-208 - Substitutes for negligence, recklessness, and knowledge.
§702-208 Substitutes for negligence,
recklessness, and knowledge. When the law provides that negligence is
sufficient to establish an element of an offense, that element also is
established if, with respect thereto, a person acts intentionally, knowingly,
or recklessly. When the law provides that recklessness is sufficient to
establish an element of an offense, that element also is established if, with
respect thereto, a person acts intentionally or knowingly. When the law
provides that acting knowingly is sufficient to establish an element of an
offense, that element also is established if, with respect thereto, a person
acts intentionally. [L 1972, c 9, pt of §1]
COMMENTARY ON §702-208
Since intent, knowledge, recklessness, and negligence are in
a descending order of culpability, this section establishes that "it is
only necessary to articulate the minimal basis of liability for the more
serious bases to be implied."[1] The proposition is essentially
axiomatic.
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§702-208 Commentary:
1. M.P.C., Tentative Draft No. 4, comments at 129 (1955).