2 ms·
> "that path leads to ignoring mens rea" No it doesn't. "a defendant cannot knowingly acquire or possess that which he or she does not know exists" - page 14
by lotharbot 13y ago
> "that path leads to ignoring mens rea"
No it doesn't.
"a defendant cannot knowingly acquire or possess that which he or she does not know exists" - page 14 of [0]
Also note that US law allows for an "affirmative defense" [1] if you discover you possess a small amount of CP but do not intend to -- you can either destroy it, or turn it in to law enforcement, without consequence.
Which means, quite simply, that the courts have not abandoned mens rea in CP law. There are some parts of the law that are stupid, but that's not one of them.
[0] http://www.nycourts.gov/ctapps/Decisions/2012/May12/70opn12.pdf http://www.nycourts.gov/ctapps/Decisions/2012/May12/70opn12....
[1] http://www.law.cornell.edu/uscode/text/18/2252A http://www.law.cornell.edu/uscode/text/18/2252A ; see also http://en.wikipedia.org/wiki/Affirmative_defense http://en.wikipedia.org/wiki/Affirmative_defense