562.021. Culpable mental state, application. — 1. If the definition of any offense prescribes a culpable mental state but does not specify the conduct, attendant circumstances or result to which it applies, the prescribed culpable mental state applies to each such material element.
2. If the definition of an offense prescribes a culpable mental state with regard to a particular element or elements of that offense, the prescribed culpable mental state shall be required only as to specified element or elements, and a culpable mental state shall not be required as to any other element of the offense.
3. Except as provided in subsection 2 of this section and section 562.026, if the definition of any offense does not expressly prescribe a culpable mental state for any elements of the offense, a culpable mental state is nonetheless required and is established if a person acts purposely or knowingly; but reckless or criminally negligent acts do not establish such culpable mental state.
4. If the definition of an offense prescribes criminal negligence as the culpable mental state, it is also established if a person acts purposely or knowingly or recklessly. When recklessness suffices to establish a culpable mental state, it is also established if a person acts purposely or knowingly. When acting knowingly suffices to establish a culpable mental state, it is also established if a person acts purposely.
5. Knowledge that conduct constitutes an offense, or knowledge of the existence, meaning or application of the statute defining an offense is not an element of an offense unless the statute clearly so provides.
Notes of Decisions
Cited in
43
cases (
1 in the last 5 years), 1980–2024 · leading case:
State v. Dennis, 153 S.W.3d 910 (Mo. Ct. App. 2005).
State v. Dennis, 153 S.W.3d 910 (Mo. Ct. App. 2005).
· cites it 14× “030 does not contain a mens rea element, a culpable mental state is, nevertheless, required under section 562.021. Specifically, Mr. Dennis argues that because aggravated rape does not contain a culpable mental state, under section 562.”
State v. Belton, 153 S.W.3d 307 (Mo. 2005).
· cites it 2× “] Belton contends that section 562.021 precludes a conviction of armed criminal action where, as here, the underlying felony has a mental state of recklessness.”
State v. Sanders, 522 S.W.3d 212 (Mo. 2017).
· cites it 2× “” Section 562.021,4 provides, “When recklessness suffices to establish a culpable mental state, it is also established if a person acts purposefully or knowingly.”
State v. Gullett, 606 S.W.2d 796 (Mo. Ct. App. 1980).
· cites it 4× “The scope of those terms is further defined in § 562.021 which provides: 3. If the definition of an offense prescribes criminal negligence as the culpable mental state, it is also established if a person acts purposely or knowingly or recklessly.”
State v. Williams, 126 S.W.3d 377 (Mo. 2004).
· cites it 2× “Conclusion Williams was effectively charged with second-degree assault and armed criminal action. At the time Williams was tried and charged, the pattern charge for assault in the second degree did not require a description of the conduct constituting the substantial step.”
State v. Cruz, 71 S.W.3d 612 (Mo. Ct. App. 2001).
· cites it 10× “Section 562.021, RSMo Supp.1997. Thus, pursuant to MAI-CR 3d 332.”
State v. Kliegel, 674 S.W.2d 64 (Mo. Ct. App. 1984).
· cites it 5× “Section 562.021, RSMo 1978, Culpable Mental State, Application—imposes that rationale: 3.”
State v. Dunn, 21 S.W.3d 77 (Mo. Ct. App. 2000).
· cites it 4× “3 As to section 562.021: [t]his provision of the statute was enacted for the very purpose of avoiding the argument here asserted ‘that something was not done recklessly because it was done knowingly or purposely.”
State v. Wright, 30 S.W.3d 906 (Mo. Ct. App. 2000).
· cites it 3× “2d at 520, and Section 562.021 RSMo (Cum.Supp.1997) required the instruction to include a mental state prior to that time.”
State v. Bratina, 73 S.W.3d 625 (Mo. 2002).
· cites it 2× “Where that is so, section 562.021, requires the prosecution to show Bratina acted “purposely or knowingly.”
State v. Deweese, 751 S.W.2d 389 (Mo. Ct. App. 1988).
· cites it 4× “” Section 562.021 V.A. M.S., Comment to 1973 Proposed Code.”
State v. Clark, 607 S.W.2d 817 (Mo. Ct. App. 1980).
· cites it 2× “Thus, according to § 562.021(2), RSMo.1978, the requisite mental state is established if the defendant acted “purposely or knowingly or recklessly .”
— Mo. Rev. Stat. § 562.021(2) — 4 cases
State v. Clark, 607 S.W.2d 817 (Mo. Ct. App. 1980).
“Thus, according to § 562.021(2), RSMo.1978, the requisite mental state is established if the defendant acted “purposely or knowingly or recklessly .”
— Mo. Rev. Stat. § 562.021(3) — 2 cases
State v. Deweese, 751 S.W.2d 389 (Mo. Ct. App. 1988).
“” Section 562.021 V.A. M.S., Comment to 1973 Proposed Code.”
— Mo. Rev. Stat. § 562.021(4) — 1 case
— Mo. Rev. Stat. § 562.021(8) — 1 case
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