Mental states that determine the degree of guilt or culpability in criminal law are generally classified from highest (most worthy of blame or punishment) to lowest as: (1) intentional; (2) knowing; (3) reckless; and (4) criminal negligence.
A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all of the circumstances, as viewed from the accused person’s standpoint at the time of the alleged criminal negligence.
Criminal offenses or crimes often specify the culpable mental state the prosecution is required to prove to convict a defendant of the offense. These culpable mental states are generally defined in the relevant state or federal statutes—usually in the penal or criminal code.
In Ohio, the mental states that determine the degree of guilt or culpability in criminal law are indeed classified into four main categories: intentional, knowing, reckless, and criminal negligence. These mental states are critical in establishing the level of culpability required for various criminal offenses. Ohio law defines criminal negligence as occurring when an individual fails to perceive a substantial and unjustifiable risk that results from their conduct, and this failure represents a significant deviation from the standard of care an ordinary person would exercise in the same situation. The Ohio Revised Code (ORC) outlines these mental states and specifies the required culpable mental state for each offense. For a conviction, the prosecution must prove that the defendant acted with the mental state specified by the statute for the particular crime. These definitions and requirements are typically found in the sections of the ORC dealing with offenses against persons, property, or the state.
