Culpability - sustany/dvg GitHub Wiki

Culpability is the legal responsibility for a criminal act; an individual�s blameworthiness; the quality of being culpable. Culpability also refers to the mental state (mens rea) that must be proven for a defendant to be held criminally liable.

Some states explicitly define culpability/culpable mental states in their respective Codes, while others implicitly address culpability in their mens rea provisions (see Criminal Code � By State for more information on individual states� criminal codes). Since state culpability provisions are based on the Model Penal Code, there is very little variance between states in this particular area. See examples below:

• Arkansas Code � 5-2-202. Culpable mental states � Definitions.
• Colorado Criminal Code � 18-1-503.5. Principles of criminal culpability.
• New York Penal Law � 15.05. Culpability; definitions of culpable mental states.
• Ohio Revised Code � 2901.22. Degrees of culpability attached to mental states.
• Texas Penal Code � 6.03. Definitions of Culpable Mental States.