76-2-104 - Culpable mental state -- Higher mental states included.
76-2-104. Culpable mental state -- Higher mental states included.
(1) If acting with criminal negligence is sufficient to establish the culpable mental state foran element of an offense, that element is also established if a person acts intentionally, knowingly,or recklessly.
(2) If acting recklessly is sufficient to establish the culpable mental state for an element ofan offense, that element is also established if a person acts intentionally or knowingly.
(3) If acting knowingly is sufficient to establish the culpable mental state for an elementof an offense, that element is also established if a person acts intentionally.
Amended by Chapter 75, 1998 General Session