What is the difference between a crime proscribing a negligent act and a crime with a scienter element?
California, United States of America
The following excerpt is from People v. Koenig, 272 Cal.Rptr.3d 732, 58 Cal.App.5th 771 (Cal. App. 2020):
We know of no California cases highlighting the distinction between a crime proscribing a negligent act and a crime with a scienter element requiring either criminal negligence in failing to discover a material fact or actual knowledge. But United States v. Sdoulam (8th Cir. 2005) 398 F.3d 981, provides an example under federal law. There, the defendant was charged with "conspiracy to distribute pseudoephedrine, then having reasonable cause to
[58 Cal.App.5th 797]
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