I 
119TH CONGRESS 
1ST SESSION 
H. R. 59 
To specify the state of mind required for conviction for criminal offenses 
that lack an expressly identified state of mind, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2025 
Mr. BIGGS of Arizona (for himself and Mr. OGLES) introduced the following 
bill; which was referred to the Committee on the Judiciary 
A BILL 
To specify the state of mind required for conviction for 
criminal offenses that lack an expressly identified state 
of mind, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mens Rea Reform Act 
of 2025’’. 
SEC. 2. STATE OF MIND ELEMENT FOR CRIMINAL OF-
FENSES. 
(a) IN GENERAL.—Chapter 1 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘§ 28. State of mind when not otherwise specifically 
provided 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘covered offense’— 
‘‘(A) means an offense— 
‘‘(i) specified in— 
‘‘(I) this title or any other Act of 
Congress; 
‘‘(II) any regulation; or 
‘‘(III) any law (including regula-
tions) of any State or foreign govern-
ment incorporated by reference into 
this title or any other Act of Con-
gress; and 
‘‘(ii) that is punishable by imprison-
ment, a maximum criminal fine of at least 
$2,500, or both; and 
‘‘(B) does not include— 
‘‘(i) any offense set forth in chapter 
47 or chapter 47A of title 10; or 
‘‘(ii) any offense incorporated by sec-
tion 13(a) of this title; 
‘‘(2) the term ‘knowingly’, as related to an ele-
ment of an offense, means— 
‘‘(A) if the element involves the nature of 
the conduct of a person or the attendant cir-
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cumstances, that the person is aware that the 
conduct of the person is of that nature or that 
such circumstances exist; and 
‘‘(B) if the element involves a result of the 
conduct of a person, that the person is aware 
that it is practically certain that the conduct of 
the person will cause such a result; 
‘‘(3) the term ‘state of mind’ means willfully, 
intentionally, maliciously, knowingly, recklessly, wan-
tonly, negligently, with reason to believe, or any 
other word or phrase that is synonymous with or 
substantially similar to any such term; and 
‘‘(4) the term ‘willfully’, as related to an ele-
ment of an offense, means— 
‘‘(A) that the person acted with knowledge 
that the person’s conduct was unlawful; and 
‘‘(B) if the element involves the nature, at-
tendant circumstances, object, or result of the 
conduct of a person, that— 
‘‘(i) the person had knowledge of the 
nature, attendant circumstances, object, or 
result of the conduct of the person; and 
‘‘(ii) it was the conscious object of the 
person to engage in conduct— 
‘‘(I) of that nature; 
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‘‘(II) with that attendant cir-
cumstance; 
‘‘(III) with that object; or 
‘‘(IV) to cause such a result. 
‘‘(b) DEFAULT REQUIREMENT.—Except as provided 
in subsections (c) and (d), a covered offense shall be con-
strued to require the Government to prove beyond a rea-
sonable doubt that the defendant acted— 
‘‘(1) with the state of mind specified in the text 
of the covered offense for each element of the of-
fense for which the text specifies a state of mind; 
and 
‘‘(2) knowingly, with respect to any element of 
the offense for which the text of the covered offense 
does not specify a state of mind. 
‘‘(c) FAILURE
TO
DISTINGUISH
AMONG
ELE-
MENTS.—Except as provided in subsection (d), if the text 
of a covered offense specifies the state of mind required 
for commission of the covered offense without specifying 
the elements of the covered offense to which the state of 
mind applies, the state of mind specified shall apply to 
all elements of the covered offense, unless a contrary pur-
pose plainly appears. 
‘‘(d) EXCEPTIONS.— 
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‘‘(1) IN GENERAL.—Subsections (b)(2) and (c) 
shall not apply with respect to— 
‘‘(A) any element for which the text of the 
covered offense makes clear that Congress af-
firmatively intended not to require the Govern-
ment to prove any state of mind with respect to 
such element; 
‘‘(B) any element of a covered offense, to 
the extent that the element establishes— 
‘‘(i) subject matter jurisdiction over 
the covered offense; or 
‘‘(ii) venue with respect to trial of the 
covered offense; or 
‘‘(C) any element of a covered offense, to 
the extent that applying subsections (b)(2) and 
(c) to such element would lessen the degree of 
mental culpability that the Government is re-
quired to prove with respect to that element 
under— 
‘‘(i) precedent of the Supreme Court 
of the United States; or 
‘‘(ii) any other provision of this title, 
any other Act of Congress, or any regula-
tion. 
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‘‘(2) MERE ABSENCE INSUFFICIENT.—For pur-
poses of paragraph (1)(A), the mere absence of a 
specified state of mind for an element of a covered 
offense in the text of the covered offense shall not 
be construed to mean that Congress affirmatively in-
tended not to require the Government to prove any 
state of mind with respect to that element. 
‘‘(e) APPLICABILITY.—This section shall apply with 
respect to a covered offense— 
‘‘(1) without regard to whether the provision or 
provisions specifying the covered offense are enacted, 
promulgated, or finalized before, on, or after the 
date of enactment of this section; and 
‘‘(2) that was committed— 
‘‘(A) on or after the date of enactment of 
this section; or 
‘‘(B) before the date of enactment of this 
section, unless— 
‘‘(i) applying this section to such cov-
ered offense would— 
‘‘(I) punish as a crime conduct 
that was innocent when done; 
‘‘(II) increase the punishment for 
the covered offense; or 
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‘‘(III) deprive a person charged 
with the covered offense of any de-
fense available according to law at the 
time the covered offense occurred; 
‘‘(ii) a jury has been empaneled and 
sworn in a prosecution for the covered of-
fense before the date of enactment of this 
section; 
‘‘(iii) the first witness has been sworn 
in a prosecution for the covered offense 
tried without a jury before the date of en-
actment of this section; or 
‘‘(iv) a sentence has been imposed fol-
lowing a plea of guilty or nolo contendere 
in a prosecution for the covered offense be-
fore the date of enactment of this section. 
‘‘(f) SUBSEQUENTLY ENACTED LAWS.—No provision 
of law enacted after the date of enactment of this section 
shall be construed to repeal, modify the text or effect of, 
or supersede in whole or in part this section, unless such 
law specifically refers to this section and explicitly repeals, 
modifies the text or effect of, or supersedes in whole or 
in part this section.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 1 of title 18, United 
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States Code, is amended by adding at the end the fol-
lowing: 
‘‘28. State of mind when not otherwise specifically provided.’’. 
Æ 
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