Criminal Code Title 3

See Stormwind Criminal Code.

TITLE III. CULPABILITY.
301.  A person only commits an offense if he engages in a voluntary act or omission specifically made illegal in the Stormwind Criminal Code.

302. Possession is a voluntary act if and only if the person knowingly obtains or receives the thing possessed, or is aware of possession for sufficient time to terminate his control.

303.
 * 1) A person does not commit an offense unless he intentionally, knowingly, recklessly, or negligently engages in conduct as the statute describing the offense requires.
 * 2) Unless the relevant statute specifically provides otherwise, intentionally, knowingly, or recklessly engaging in the described conduct establishes culpability.
 * 3) Culpable mental states are in the following degrees, from highest to lowest:
 * 4) Intentional;
 * 5) Knowing;
 * 6) Reckless;
 * 7) Negligent.
 * 8) Culpability is as described:
 * 9) Intentional conduct means that the person acts with the conscious desire to engage in the conduct or cause the result.
 * 10) Knowing conduct means that the person acts with the reasonable awareness that his conduct is illegal or that the result is reasonably certain to occur as a result of his conduct.
 * 11) Reckless conduct means that the person is aware of and consciously disregards a substantial and unjustifiable risk that the circumstances exist or the outcome may occur at the time of his conduct.  The risk must be such that a reasonable person in similar circumstances would be aware of its existence and degree.
 * 12) Criminal negligence means that the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the outcome may occur at the time of his conduct.  The risk must be such that a reasonable person in similar circumstances would perceive its existence.

Commentary
This statute defines the level of mens rea--mental state relevant to the act--needed for a charge to stick. The prosecution must prove mens rea wherever it is required by the statute, mostly by proving it to a reasonable person standard. It is not necessary to have a confession or to read the defendant's mind.

All defendants are presumed to be "competent"--sane, sober, and able to make decisions and to consent--until proven otherwise by the defense. This means that it is the defense counsel's job to prove insanity, mind-control, intoxication, and other such things. Those are covered under Title X.