General Requirements of Culpability
Any student in L&S 100 who intentionally, knowingly, recklessly, or negligently misses or disregards the due date, topic or assignment of course material or fails to turn it in on time does not have a legitimate excuse or justification for not meeting the course requirements. VII. Ang one who can find a loophole in VI above will receive some extra credit in the course but will not be excused from the course requirements.
L MODEL PENAL CODE PROPOSED OFFICIAL DRAFT, 1962 SECTION 2.02. General Requirements of Culpability (Discussed in the book) (1) Minimum Requirements of Culpability Except as provided in Section 2.05, a person is not guilty of an offense unless he acted purposely, knowingly, recklessly, or negligently, as the law may require, with respect to each material element of the offense. (2) Kinds of Culpability Defined. (a) Purposely. A person acts purposely with respect to a material element of an offense when: (1) if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result: and (2) if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist. (b) Knowingly. A person acts knowingly with respect to a material element of an offense when: (1) if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist: and (2) if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result. (c) Recklessly. A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor’s situation. (d) Negligently. A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor’s failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that would be exercised by a reasonable man in his situation. (3) Culpability Required Unless Otherwise Provided. When the culpability sufficient to establish a material element of an offense is not prescribed by law, such element is established if a person acts purposely, knowingly or recklessly with respect thereto. (4) Prescribed Culpability Requirement Applies to All Material Elements. When the law defining an offense prescribes the kind of culpability that is sufficient for the commission of an offense, without distinguishing among the material elements thereof, such provision shall apply to all the material elements of the offense, unless a contrary purpose plainly appears . . . Section 1.13 offers the following definitions: "(9) ‘element of the offense’ means (i) such conduct or (ii) such attendant circumstances or (iii) such a result of conduct as (a) is included in the description of the forbidden conduct in the definition of the offense: or (b) establishes the required kind of culpability: or (c) negatives an excuse or justification for such conduct: or (d) negatives a defense under the statute of limitations: or (e) establishes jurisdiction or venue: "(10) "material element of an offense’ means an element that does not relate exclusively to the statute of limitations, jurisdiction, venue or to any other matter similarly unconnected with (i) the harm or evil, incident to conduct sought to be prevented by the law defining the offense, or (ii) the existence of a justification or excuse for such conduct: .
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