In sexual assault, what mental state is required?

• A. Negligence
• B. Intent or knowingly
• C. Strict liability
• D. Accidental misfortune

Answer: (B)

Sexual assault requires a conscious mental state: the actor either intends to engage in the sexual act or acts with knowledge that the act is being performed without the other person’s consent. This shows a purposeful or knowing disregard for consent, which is the element criminalizing the act.

Negligence isn’t enough because it’s about failure to exercise reasonable care, not a purposeful decision to commit a sexual act or to ignore lack of consent. Strict liability would require no proof of mental state at all, which isn’t how sexual assault is typically prosecuted. Accidental misfortune implies no awareness or intent, which also wouldn’t satisfy the required mental state.