> The meaning of Mens Rea is not dictated by the state of New York.
The New York Penal Code doesn't attempt to define, or use, the term mens rea. Rather, it defines levels of "mental culpability" which are themselves referenced in the definitions of crimes. That is what mens rea means. It seems increasingly clear that you don't yourself know the meaning of the term, and you're certainly not more able to dictate a meaning than the state of New York is.
But feel free to compare this Australian legal advice:
> Mens rea offences are offences which, to be proven, must demonstrate an accused both committed the physical act (actus reus) as well as had a guilty mind – that is, the intention to commit the offence (mens rea).
Australia treats the term mens rea in exactly the same way the state of New York does, by defining different levels of it and using those levels to define crimes. Compare these two crimes defined by the Crimes Act 1958 of Victoria:
> A person who, without lawful excuse, intentionally causes serious injury to another person is guilty of an indictable offence. Penalty: Level 3 imprisonment (20 years maximum). [I.4.16]
> A person who, without lawful excuse, recklessly causes serious injury to another person is guilty of an indictable offence. Penalty: Level 4 imprisonment (15 years maximum). [I.4.17]
The New York Penal Code doesn't attempt to define, or use, the term mens rea. Rather, it defines levels of "mental culpability" which are themselves referenced in the definitions of crimes. That is what mens rea means. It seems increasingly clear that you don't yourself know the meaning of the term, and you're certainly not more able to dictate a meaning than the state of New York is.
But feel free to compare this Australian legal advice:
> Mens rea offences are offences which, to be proven, must demonstrate an accused both committed the physical act (actus reus) as well as had a guilty mind – that is, the intention to commit the offence (mens rea).
( https://www.gotocourt.com.au/criminal-law/vic/honest-and-rea... )
Australia treats the term mens rea in exactly the same way the state of New York does, by defining different levels of it and using those levels to define crimes. Compare these two crimes defined by the Crimes Act 1958 of Victoria:
> A person who, without lawful excuse, intentionally causes serious injury to another person is guilty of an indictable offence. Penalty: Level 3 imprisonment (20 years maximum). [I.4.16]
> A person who, without lawful excuse, recklessly causes serious injury to another person is guilty of an indictable offence. Penalty: Level 4 imprisonment (15 years maximum). [I.4.17]