Posted: May 18th, 2017

During an investigation of alleged fraudulent business practices, the police found a set of middle-school cheerleader photographs on Edgeware’s office computer. Edgeware is charged under a statute that prohibits “knowingly possessing any image of a minor that was made without the consent of such minor’s parent or guardian.” Would the prosecution have to prove that Edgeware knew that the photographs were made without parental consent?

During an investigation of alleged fraudulent business practices, the police found a set of middle-school cheerleader photographs on Edgeware’s office computer. Edgeware is charged under a statute that prohibits “knowingly possessing any image of a minor that was made without the consent of such minor’s parent or guardian.” Would the prosecution have to prove that Edgeware knew that the photographs were made without parental consent? a. Yes, under the Model Penal Code approach to mens rea. b. Yes, under the approach that is practically always taken in construing federal criminal statutes. c. No, under the Model Penal Code approach to mens rea. d. No. Mens rea is seldom required with respect to attendant circumstances.