In New York law, which mental state is satisfied by being aware of or practically certain that conduct will cause a risk?

In New York law, which mental state is satisfied by being aware of or practically certain that conduct will cause a risk?

• A. A desire to achieve a specific result
• B. ∆ is aware of or practically certain that conduct will cause a risk
• C. Conscious disregard of risk
• D. A general awareness of the elements of the crime

Answer: (B)

Knowingly is satisfied when a person is aware that their conduct is of such a nature or that such a result is practically certain to follow. So being aware of or practically certain that the conduct will cause a risk fits the definition of knowingly. This is different from intentionally (requiring a conscious objective to bring about a specific result) and from reckless (requiring awareness of a substantial and unjustified risk plus a conscious disregard of it), and it’s not merely a general awareness of the elements.

Knowingly is satisfied when a person is aware that their conduct is of such a nature or that such a result is practically certain to follow. So being aware of or practically certain that the conduct will cause a risk fits the definition of knowingly. This is different from intentionally (requiring a conscious objective to bring about a specific result) and from reckless (requiring awareness of a substantial and unjustified risk plus a conscious disregard of it), and it’s not merely a general awareness of the elements.