MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

Section 2.05. When Culpability Requirements Are Inapplicable to Violations and to Offenses Defined by Other Statutes;  Effect of Absolute Liability in Reducing Grade of Offense to Violation.

 (1) The requirements of culpability prescribed by Sections 2.01 and 2.02 do not apply to:

  (a) offenses which constitute violations, unless the requirement involved is included in the definition of the offense or the Court determines that its application is consistent with effective enforcement of the law defining the offense;  or

  (b) offenses defined by statutes other than the Code, insofar as a legislative purpose to impose absolute liability for such offenses or with respect to any material element thereof plainly appears.

 (2) Notwithstanding any other provision of existing law and unless a subsequent statute otherwise provides:

    (a) when absolute liability is imposed with respect to any material element of an offense defined by a statute other than the Code and a conviction is based upon such liability, the offense constitutes a violation;  and

    (b) although absolute liability is imposed by law with respect to one or more of the material elements of an offense defined by a statute other than the Code, the culpable commission of the offense may be charged and proved, in which event negligence with respect to such elements constitutes sufficient culpability and the classification of the offense and the sentence that may be imposed therefor upon conviction are determined by Section 1.04 and Article 6 of the Code.