When a statute requires knowledge of the jurisdictional element of a claim, when the statute itself states that knowledge is not an essential element, is that knowledge required?

MultiRegion, United States of America

The following excerpt is from United States v. Escalera, 957 F.3d 122 (2nd Cir. 2020):

When, on the other hand, the statutory text or legislative history makes clear that a statutes mens rea element extends to a jurisdictional element, courts give effect to that requirement. See Epskamp , 832 F.3d at 167 (noting that an "obvious exception" to the rule that "knowledge of the jurisdictional fact ... [is not] an essential element" is "when the statute itself requires knowledge of the jurisdictional element" (quoting United States v. Eisenberg , 596 F.2d 522, 526 (2d Cir. 1979) )).11

Other Questions


When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
Does the statute of limitations in tort claims apply to the jurisdiction of the claim? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
Does a federal district court have jurisdiction to remand a state claim to the state court from which it was removed? (MultiRegion, United States of America)
Can a borrowed state statute of limitations be tolled in a claim based on a federal statute? (MultiRegion, United States of America)
When a state statute is greater breadth than its text, can the state apply the statute of conviction in a nongeneric manner? (MultiRegion, United States of America)
Is a party who is otherwise entitled to an award of attorney's fees under a federal statute nevertheless must comply with the state's notice of claims requirements? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.