{"id":352211,"date":"2023-08-16T16:16:34","date_gmt":"2023-08-16T21:16:34","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-law-basics\/strict-liability-crimes.html"},"modified":"2023-08-16T16:16:34","modified_gmt":"2023-08-16T21:16:34","slug":"strict-liability-crimes","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-law-basics\/strict-liability-crimes.html","title":{"rendered":"Strict Liability Crimes"},"content":{"rendered":"\n
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Strict Liability Crimes<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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A strict liability crime focuses on a person’s actions rather than their intent or knowledge. The action itself is a crime. This type of crime affects how you might defend against the accusations.<\/p>\n\n <\/div>\n\n

Criminal strict liability is generally limited to minor offenses, such as misdemeanors and infractions.<\/p>\r\n

Most crimes require prosecutors to establish mens rea<\/a>, or a guilty mind, in order to prove a defendant is guilty of a crime. In contrast, strict liability crimes do not require the defendant to have a culpable mental state of mind when committing the crime to be guilty.<\/p>\r\n

A good example of a strict liability crime is selling alcohol to a minor. Let’s say you own a liquor store and are diligent about checking IDs. A customer who looks older than 21 comes in. Their ID confirms that they’re of legal drinking age. Unfortunately, it’s a very good fake ID, and a police officer who happens to be in the store sees you sell the customer the alcohol. While you had no intention of selling alcohol to an underage person, you may still be charged if your state classifies selling alcohol to a minor as a strict liability crime.
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See how strict liability crimes compare in criminal vs. civil cases<\/a> below. Or, if you need help with defense against an accusation, get more specific advice from a criminal law attorney<\/a>. <\/p>\r\n

Comparing Strict Liability in Civil vs. Criminal Cases<\/h2>\r\n

When you hear the term "strict liability," it’s usually in the context of a civil case. More specifically, strict liability claims most often come into play in product liability cases<\/a> when a defective product causes injury to a plaintiff. In a civil strict liability case, the plaintiff doesn’t have to prove that the defendant acted in a careless or reckless manner. For example, if a jurisdiction follows a strict liability theory for dog bites<\/a>, the dog owner will be financially liable for dog bite injuries regardless of how careful they were with their dog.<\/p>\r\n

Strict Liability vs. ‘Intent’ Crimes<\/h2>\r\n

Crimes can be divided into a variety of categories, based on the mental state<\/a> required of the offender. More specifically, criminal offenses can be divided into three criminal intent categories:<\/p>\r\n