The Marine Protection Research and Sanctuaries Act – Part 3
Unlike the other environmental criminal statutes, the MPRSA requires that in addition to the purpose state of mind, a second mental element must be established to convict a person of a criminal violation. The Government must also show beyond a reasonable doubt that the defendant “knowingly” violated the MPRSA or the regulations promulgated under it. An act is done “knowingly” if it is done “voluntarily and intentionally, and not because of mistake, accident or some other innocent reason.” United States v. Udofot, 711 F.2d 831, 835 (8th Cir.), cert. denied, 464 U.S. 896 (1983) (quoting district court’s jury instruction).
According to the Model Penal Code, a person acts “knowingly” in connection with a particular result if “he is aware that it is practically certain that his conduct will cause such a result.” Model Penal Code § 2.02(2)(b)(i). A person acts “knowingly” in connection with the nature of his conduct if he “is aware that his conduct is of that nature.” Model Penal Code § 2.02(2)(b)(i). With respect to the attendant circumstances, one acts “knowingly” when he “is aware … that such circumstances exist.” Model Penal Code § 2.02(2)(b)(i).
More later.
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