Does the presumption of intent, express or implied, to dispense with mens rea apply only to crimes with high penalties?

intent, express or implied, is required to dispense with mens rea as an element of a crime," Staples v. United States , 511 U.S. 600, 606, 114 S.Ct. 1793, 128 L.Ed.2d 608 (1994), applies only when the penalty is severe. Staples , however, did not hold that the presumption applies only to crimes with high penalties. See id. at 61718, 114 S.Ct. 1793. If that were the rule, then courts would have to determine what constitutes a "high penalty" versus a "low penalty" in all these type of cases. Surely a defendant charged with a violation of 2244(b), which carries a penalty of up to two years of imprisonment, would argue that a two-year term of imprisonment is a very high penalty for an offense where, according to the lead opinion, there is no mens rea required for the element of the offense that turns otherwise legal conduct into a crime.