The mens rea is the Latin term for "guilty mind" used in the criminal law. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means that "the act will not make a person guilty unless the mind is also guilty". Thus, in jurisdictions with due process, there must be an actus reus accompanied by some level of mens rea to constitute the crime with which the defendant is charged. There are three general classes of mens rea.
- intention
- recklessness sometimes termed willful
- criminal negligence
(the words used may vary from one state to another and from one definition to another).
