In criminal law, strict liability is liability for which mens rea (Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the actus reus ("guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense (Preterintentionally[1][2]/ultraintentional[3]/versari in re illicita).
Common strict liability offenses today include the selling of alcohol to underage persons and statutory rape.
[9][10] Most air safety regulations in regard to operators of aircraft and unmanned rockets are enacted as strict liability offenses.
Further, in the absence of a clear legislative intent to the contrary, the Court held that all regulatory offenses would be presumed to bear strict liability.
The Supreme Court further held that the inclusion of the possibility of imprisonment—no matter how remote—in an offense of absolute liability violated the accused's Section 7 right to liberty.
Where the liability arises under a statute, there has been considerable inconsistency, with different rules of construction in statutory interpretation producing varying assessments of the will of Parliament.
[13] Hence, statutes involving pollution, dangerous drugs, and acting as a director while disqualified have been interpreted as imposing strict liability.
[16] In Germany, strict liability does not exist today since it is not consistent with the "nulla poena sine culpa" principle (no punishment without guilt).
[18] As the federal constitution entrenches a right of due process, the United States usually applies strict liability to only the most minor crimes or infractions.
The American Law Institute's Model Penal Code generally restricts strict liability to minor offenses ("violations").
[21][a] A "good faith" defense requires showing that the defendant affirmatively had reason to believe that they were not committing a crime, not simply a lack of knowledge that they were.