H.R. 59 — Mens Rea Reform Act of 2025

This section establishes a default state-of-mind (mens rea) requirement for covered offenses—most federal criminal offenses punishable by imprisonment or a maximum fine of at least $2,500, excluding certain military offenses and those incorporated via the Assimilative Crimes Act—by adding a new section 28 to chapter 1 of title 18, United States Code, and makes a conforming amendment to the chapter's table of sections. The section defines "knowingly" (awareness of conduct's nature, circumstances, or practical certainty of result), "willfully" (knowledge of unlawfulness plus conscious objective as to nature, circumstances, object, or result), and "state of mind" (including willfully, intentionally, maliciously, knowingly, recklessly, wantonly, negligently, with reason to believe, or synonyms). For covered offenses, it requires the government to prove beyond a reasonable doubt (1) any state of mind specified in the offense text for relevant elements and (2) "knowingly" for any element lacking a specified state of mind; if a state of mind is specified without distinguishing elements, it applies to all elements unless a contrary purpose plainly appears. (Thus, it generally eliminates strict liability for unspecified elements.) Exceptions apply to (1) elements where Congress clearly intended no mens rea requirement (mere absence insufficient), (2) jurisdictional or venue elements, or (3) elements where applying the default would reduce required mental culpability under Supreme Court precedent or other law. The section applies to offenses committed on or after enactment and, with ex post facto safeguards, to prior offenses unless application would criminalize innocent conduct, increase punishment, eliminate a defense available at the time, or interfere with ongoing trials or sentences; subsequently enacted laws cannot override it without explicit reference.