What is a “strict liability” offense?
A. A strict liability offense is one that does not require the City to prove the defendant had a “culpable mental state” in order to obtain a conviction. That is, the City need not prove the defendant acted intentionally, knowingly, recklessly or negligently; the City must only prove that the defendant committed a prohibited act (or failed to perform a required act). Put simply, a defendant can be found guilty of a strict liability offense even if he or she did not intend to commit the offense. Q. What types of offenses are strict liability offenses? A. Many traffic violations are strict liability offenses. Similarly, many code violations pertaining to land-use, zoning, trash, occupancy, weeds, and keeping sidewalks free of snow are also strict liability offenses. Q. How can I tell whether the offense I am charged with is a strict liability offense? A. The best way is to read the ordinance. Unless the ordinance requires the City to prove you acted intentionally, knowingly, recklessly,
