What is the test for determining whether a defendant has a mental state in the context of a crime?
California, United States of America
The following excerpt is from People v. Calderon, A153038 (Cal. App. 2019):
"Except for strict liability offenses, every crime has two components: (1) an act or omission, sometimes called the actus reus; and (2) a necessary mental state, sometimes called the mens rea." (People v. McCoy (2001) 25 Cal.4th 1111, 1117.)
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