§702-211  State of mind as determinant of
grade or class of a particular offense.  When the grade or class of a
particular offense depends on whether it is committed intentionally, knowingly,
recklessly, or negligently, its grade or class shall be the lowest for which
the determinative state of mind is established with respect to any element of
the offense. [L 1972, c 9, pt of §1]



 



COMMENTARY ON §702-211



 



  In many statutes the grade (felony, misdemeanor, or
violation) or class (e.g., class A or class B felony) of an offense turns on
whether the defendant acted intentionally, knowingly, recklessly, or
negligently.  Since a defendant may have differing states of mind with respect
to the defendant's conduct, circumstances attendant thereto, and the result of the
defendant's conduct, the Code makes it clear that, in those cases where
distinctions are drawn on the basis of the defendant's state of mind, the
conviction ought to be the lowest for which the determinative state of mind is
established with respect to any element of the offense.  As it has been put,
"it is the lowest common denominator that indicates the quality of the
defendant's conduct."[1]



  The law of homicide provides a ready illustration of the
application of the above principle.  Intentional killing is usually treated as
crime of higher class than reckless killing.  If a defendant intentionally
killed another, recklessly mistaken that the other's conduct threatened the
defendant with serious bodily harm or death, the homicide ought to be viewed as
reckless killing because that is all that is established with respect to
attendant circumstances negativing the defense of self defense.



 



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§702-211 Commentary:



 



1.  M.P.C., Tentative Draft No. 4, comments at 131 (1955).