Abstract

A highly controversial issue in criminal law theory has been the use of strict liability offenses, i.e., offenses which create liability ‘without fault.’ The collection of strict liability offenses is varied according to the element of the particular offense with respect to which liability is strict. For example, a statute prohibiting the filing of a false financial statement with the Secretary of State might impose liability despite a reasonable error as to the truth of the statement, or as to the financial nature of the statement, or as to the identity of the official in question. What all strict liability offenses have in common is the imposition of liability despite the possibility of reasonable mistake or due care regarding some important element of the offense. Generally, then, a strict liability offense is one to which a claim of no-negligence is not a defense. Indeed, such a claim will not even be heard. All that the prosecution need prove is the voluntary commission of the proscribed acts by the defendant; no other question concerning the defendant's efforts or opportunity to obey the law is relevant to liability or conviction.