Which term refers to the mental element required to establish a crime?

• A. Expungement
• B. Appellate Court
• C. Mens Rea
• D. Actus Reus

Answer: (C)

Mens rea is the mental element required to establish a crime. It refers to the defendant's state of mind at the time of the conduct—intent to bring about the result, knowledge that one is acting illegally, recklessness regarding risk, or, in some cases, negligence. Typically, criminal liability requires both the prohibited act (actus reus) and a culpable mens rea, though some offenses are strict liability and do not require proof of a particular mental state. For example, purposeful or knowing intent to kill in homicide demonstrates a mens rea; negligent driving causing harm is another form of mental state recognized in liability. The other terms do not describe the mental element: expungement is erasing a record, and an appellate court is a court that reviews decisions.