Nobody can be punished for an act legally classified as a crime, if it was not committed with criminal intent, except in cases where a statute specifically provides that recklessness or negligence suffice.
If the law imposes a heavier sentence for a specific consequence of the criminal act, such punishment will only apply to the author or accomplice who was at least reckless or negligent with respect to said consequence.
Return to the Detailed Table of Contents or the Buffalo Criminal Law Center