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§ 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 that 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.
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EXPLANATORY NOTE
2001 Main Volume
Subsection (1) provides that the culpability requirements of
Sections 2.01 and 2.02 are not applicable to violations, unless the
definition of the offense specifically provides otherwise or the
court determines that its application is consistent with effective
enforcement of the law defining the offense. Violations are not,
however, crimes under Section 1.04(5) and cannot result in a
sentence of probation or imprisonment under Section 6.02(4). The
theory of the Code is that non-criminal offenses, subject to no
severer sanction than a fine, may be employed for regulatory
purposes upon the basis of strict liability because the condemnatory
aspect of a criminal conviction or of a correctional sentence is
explicitly precluded.
Subsection (1) also speaks to offenses defined by statutes other
than those in the criminal code, and provides that strict liability
may be applied only if a legislative purpose to that effect plainly
appears. In that event, however, Subsection (2)(a) makes the grade
of the offense a violation irrespective of the penal provisions
contained in the statute itself, unless the statute is passed after
adoption of the Code and makes contrary provision. The penalties
authorized for violations by Sections 6.02 and 6.03 are thus
superimposed upon statutes outside the Code. This result is
qualified by Subsection (2)(b) which provides that the culpable
commission of any such offense may nevertheless be charged and
proved, in which case negligence constitutes sufficient culpability,
the offense is criminal, and the restrictions as to sentence are
removed.
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