What Are Some Common "Strict Liability" Crimes?

Probably the most well-known strict liability crime is statutory rape. Learn what strict liability means, why such crimes exist, and other examples of strict liability offenses.

By , Contributing Author | Updated By Rebecca Pirius, Attorney
Defend your rights. We've helped 95 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Every crime has a set of elements that the prosecuting attorney must prove in order to establish the defendant's guilt. One of these elements typically has to do with the defendant's mental state.

Usually, prosecutors must show that the defendant acted intentionally or knowingly. But, with strict liability crimes, the prosecution doesn't need to prove that a defendant intended to do something that's illegal. The prosecution doesn't even need to establish that the defendant was reckless or negligent. It's enough for a conviction to prove that the act was committed and the defendant committed it.

Why Have Strict Liability Crimes?

"Strict liability" is a concept mainly applicable to civil law. It's a way of holding someone accountable for behavior regardless of fault (such as in product liability cases). Because criminal punishment is usually reserved for those who act with a culpable (guilty) mental state, strict liability crimes are rare. But some acts produce outcomes that lawmakers want to criminally punish regardless of a defendant's state of mind.

What Are Common Strict Liability Offenses?

Probably the most well-known example of a strict liability crime is statutory rape. Most states make it a crime to have sex with a minor, even if the defendant honestly and reasonably believed that the sexual partner was old enough to give legal consent.

Selling alcohol to a minor is another strict liability crime. In some states, a conviction is appropriate even if the seller honestly thought the buyer was 21 or older and tried to confirm as much.

Some traffic offenses are strict liability crimes. In many places, it doesn't matter whether a driver knowingly went over the speed limit—the plain act of speeding typically justifies a conviction.

Defending Strict Liability Charges

In some instances, there might be a defense to strict liability charges other than "I didn't do it." But this is a tricky area of the law. If you face charges for a strict liability offense, contact a knowledgeable criminal defense lawyer to advise you on defenses that might apply in a given case.

DEFEND YOUR RIGHTS
Talk to a Defense attorney
We've helped 95 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you