Is the presumption that there is some indication of intent required to dispense with mens rea as an element of a crime?

Finally, the lead opinion suggests that the presumption that "some indication of congressional 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 types of cases.