As Federal Criminal Laws Increase, Mens Rea Requirements Decline

It’s becoming easier to commit federal crimes as new laws are enacted with lower or nonexistent mens rea requirements.

The Wall Street Journal covers the trend and includes several examples. One of the people ensnared by such laws is Robert Eldridge Jr., who freed a humpback whale that got caught in his fishing net, though some net remained attached. Federal law required him to contact authorities to rescue the creature, rather than do the job himself. He pleaded guilty and was fined $500; he could have received a $100,000 fine and one year in jail.

A 2006 law clamping down on animal rights protests carries prison time for protesters who cause fear in their targets, the Wall Street Journal reports in a separate article. In other words, the law turns on the mental state of the target rather than the protester. A federal judge dismissed the first prosecution based on the law.