12.1-02 Liability and Culpability
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<![CDATA[CHAPTER 12.1-02LIABILITY AND CULPABILITY12.1-02-01. Basis of liability for offenses.1.A person commits an offense only if the person engages in conduct, including an<br>act, an omission, or possession, in violation of a statute which provides that the<br>conduct is an offense.2.A person who omits to perform an act does not commit an offense unless the person<br>has a legal duty to perform the act, nor shall such an omission be an offense if the<br>act is performed on the person's behalf by a person legally authorized to perform it.12.1-02-02. Requirements of culpability.1.For the purposes of this title, a person engages in conduct:a."Intentionally" if, when he engages in the conduct, it is his purpose to do so.b."Knowingly" if, when he engages in the conduct, he knows or has a firm belief,<br>unaccompanied by substantial doubt, that he is doing so, whether or not it is his<br>purpose to do so.c."Recklessly" if he engages in the conduct in conscious and clearly unjustifiable<br>disregard of a substantial likelihood of the existence of the relevant facts or<br>risks, such disregard involving a gross deviation from acceptable standards of<br>conduct, except that, as provided in section 12.1-04-02, awareness of the risk is<br>not required where its absence is due to self-induced intoxication.d."Negligently" if he engages in the conduct in unreasonable disregard of a<br>substantial likelihood of the existence of the relevant facts or risks, such<br>disregard involving a gross deviation from acceptable standards of conduct.e."Willfully" if he engages in the conduct intentionally, knowingly, or recklessly.2.If a statute or regulation thereunder defining a crime does not specify any culpability<br>and does not provide explicitly that a person may be guilty without culpability, the<br>culpability that is required is willfully.3.a.Except as otherwise expressly provided, where culpability is required, that kind<br>of culpability is required with respect to every element of the conduct and to<br>those attendant circumstances specified in the definition of the offense, except<br>that where the required culpability is "intentionally", the culpability required as to<br>an attendant circumstance is "knowingly".b.Except as otherwise expressly provided, if conduct is an offense if it causes a<br>particular result, the required degree of culpability is required with respect to the<br>result.c.Except as otherwise expressly provided, culpability is not required with respect<br>to any fact which is solely a basis for grading.d.Except as otherwise expressly provided, culpability is not required with respect<br>to facts which establish that a defense does not exist, if the defense is defined<br>in chapters 12.1-01 through 12.1-06; otherwise the least kind of culpability<br>required for the offense is required with respect to such facts.Page No. 1e.A factor as to which it is expressly stated that it must "in fact" exist is a factor for<br>which culpability is not required.4.Any lesser degree of required culpability is satisfied if the proven degree of<br>culpability is higher.5.Culpability is not required as to the fact that conduct is an offense, except as<br>otherwise expressly provided in a provision outside this title.12.1-02-03.Mistake of fact in affirmative defenses.Unless otherwise expresslyprovided, a mistaken belief that the facts which constitute an affirmative defense exist is not a<br>defense.12.1-02-04.Ignorance or mistake negating culpability.Repealed by S.L. 1975,ch. 116, </p>
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