562.016. Culpable mental state. — 1. Except as provided in section 562.026, a person is not guilty of an offense unless he or she acts with a culpable mental state, that is, unless he or she acts purposely or knowingly or recklessly or with criminal negligence, as the statute defining the offense may require with respect to the conduct, the result thereof or the attendant circumstances which constitute the material elements of the crime.
2. A person "acts purposely", or with purpose, with respect to his or her conduct or to a result thereof when it is his or her conscious object to engage in that conduct or to cause that result.
3. A person "acts knowingly", or with knowledge:
(1) With respect to his or her conduct or to attendant circumstances when he or she is aware of the nature of his or her conduct or that those circumstances exist; or
(2) With respect to a result of his or her conduct when he or she is aware that his or her conduct is practically certain to cause that result.
4. A person "acts recklessly" or is reckless when he or she consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.
5. A person "acts with criminal negligence" or is criminally negligent when he or she fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.
Notes of Decisions
Cited in
86
cases (
7 in the last 5 years), 1980–2025 · leading case:
State v. Carson, 941 S.W.2d 518 (Mo. 1997).
State v. Carson, 941 S.W.2d 518 (Mo. 1997).
· cites it 14× “The dissent gives § 562.016 a meaning never intended, by focusing on part of the first sentence in § 562.”
State v. White, 622 S.W.2d 939 (Mo. 1981).
· cites it 10× “Next, even if the jury could figure out the instruction, it does not accord with the basic principles of criminal liability set out in Chapter 562. Section 562.”
State v. Thompson, 147 S.W.3d 150 (Mo. Ct. App. 2004).
· cites it 6× “lakes of this state he acts with criminal negligence, as defined in Subsection 5 of section 562.016, RSMo, to cause physical injury to any other person or damage to the property of any other person.”
State v. Tanis, 247 S.W.3d 610 (Mo. Ct. App. 2008).
· cites it 11× “6, and refusing his proffered Instruction A because the phrase “reckless disregard” in the verdict director was not an authorized culpable mental state under section 562.016, RSMo 2000. The judgment of conviction is affirmed.”
State v. Johnson, 672 S.W.2d 160 (Mo. Ct. App. 1984).
· cites it 9× “See § 562.016, RSMo 1978; State v. Green, 629 S.”
State v. Mannon, 637 S.W.2d 674 (Mo. 1982).
· cites it 4× “Section 562.016 sets forth the code definitions of the culpable mental states.”
State v. Kliegel, 674 S.W.2d 64 (Mo. Ct. App. 1984).
· cites it 6× “The Criminal Code renders this definition of criminal negligence: § 562.016 [RSMo 1978] Culpable Mental State 5.”
State v. Logan, 645 S.W.2d 60 (Mo. Ct. App. 1982).
· cites it 5× “The question for this court is whether those instructions on a crime not initially contemplated, based on MAI-CR2d, are cognizable under §§ 562.016, 562.036 and 562.041 of the new code.”
State v. Keeler, 856 S.W.2d 928 (Mo. Ct. App. 1993).
· cites it 4× “1990, which sets out definitions applicable to the entire Criminal Code, refers to § 562.016 for the definition of relevant mental states.”
State v. Smith, 229 S.W.3d 85 (Mo. Ct. App. 2007).
· cites it 3× “The Court went on to state, after taking into consideration the definition of “purpose” or “acting purposely,” found in § 562.016(2), RSMo 1978: 3 “Therefore to be found guilty of a particular offense, an aider must aid another or others with the conscious object of causing that…”
— Mo. Rev. Stat. § 562.016(1) — 1 case
— Mo. Rev. Stat. § 562.016(2) — 4 cases
State v. White, 622 S.W.2d 939 (Mo. 1981).
“Next, even if the jury could figure out the instruction, it does not accord with the basic principles of criminal liability set out in Chapter 562. Section 562.”
State v. Smith, 229 S.W.3d 85 (Mo. Ct. App. 2007).
“The Court went on to state, after taking into consideration the definition of “purpose” or “acting purposely,” found in § 562.016(2), RSMo 1978: 3 “Therefore to be found guilty of a particular offense, an aider must aid another or others with the conscious object of causing that…”
State v. Johnson, 672 S.W.2d 160 (Mo. Ct. App. 1984).
“See § 562.016, RSMo 1978; State v. Green, 629 S.”
— Mo. Rev. Stat. § 562.016(3) — 3 cases
State v. Johnson, 672 S.W.2d 160 (Mo. Ct. App. 1984).
“See § 562.016, RSMo 1978; State v. Green, 629 S.”
— Mo. Rev. Stat. § 562.016(3)(2) — 1 case
— Mo. Rev. Stat. § 562.016(4) — 4 cases
— Mo. Rev. Stat. § 562.016(5) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.