Which framework uses strict liability for statutory rape?

Which framework uses strict liability for statutory rape?

• A. MBE
• B. MPC
• C. NY
• D. All of the above

Answer: (A)

Statutory rape is treated as a strict liability offense in the Multistate Bar Exam framework. That means the state does not require the defendant to have any particular mental state about the victim’s age—the prosecution need only prove that sexual intercourse occurred with a person under the statutory age. The offender’s beliefs or lack of knowledge about the minor’s age do not excuse the conduct. In contrast, the Model Penal Code and New York approach typically require some mental state (knowing or purposeful) regarding the age element or the conduct, so they are not strict liability for statutory rape. That difference is why the Multistate Bar Exam framework is the correct choice here.

Statutory rape is treated as a strict liability offense in the Multistate Bar Exam framework. That means the state does not require the defendant to have any particular mental state about the victim’s age—the prosecution need only prove that sexual intercourse occurred with a person under the statutory age. The offender’s beliefs or lack of knowledge about the minor’s age do not excuse the conduct.

In contrast, the Model Penal Code and New York approach typically require some mental state (knowing or purposeful) regarding the age element or the conduct, so they are not strict liability for statutory rape. That difference is why the Multistate Bar Exam framework is the correct choice here.