When Intent Doesn’t Matter, But the Consequences Still Do
In most criminal cases, the prosecution must prove that the defendant acted with criminal intent—what the law refers to as mens rea. But in certain offenses, intent doesn’t matter. These are called strict liability crimes, and in Texas, they can lead to serious penalties even if the person accused didn’t mean to break the law.
What Is a Strict Liability Crime?
A strict liability crime is one where the state does not need to prove intent or knowledge to secure a conviction. Simply committing the prohibited act is enough—even if it was an honest mistake or you weren’t aware the act was illegal.
These offenses are often regulatory in nature, designed to protect public health, safety, and welfare. Because of that, lawmakers have removed the intent requirement to make enforcement easier and more effective.
Common Examples of Strict Liability Crimes in Texas
Strict liability laws show up more than you might think. Here are some common examples in Texas:
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Selling Alcohol to a Minor – Even if you thought the customer was of age or had a fake ID, you can still be charged.
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Statutory Rape (Sex with a Minor) – Consent or lack of knowledge about the person’s age is not a defense.
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Traffic Violations – Speeding, running a red light, and other infractions are enforced without regard to intent.
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Environmental Violations – Improper disposal of waste or violations of EPA regulations often fall under strict liability.
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Public Health Violations – Selling expired food or violating health codes can lead to criminal penalties, even without malicious intent.
Why These Crimes Matter
Even though these offenses often carry lighter penalties than violent or intentional crimes, they can still have lasting consequences. A conviction—even for a misdemeanor—can result in:
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Fines or jail time
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A permanent criminal record
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Professional licensing issues
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Immigration consequences for non-citizens
And because there’s no requirement to prove intent, these charges can be harder to fight without experienced legal representation.
Can You Defend Against a Strict Liability Charge?
Yes—but the strategy is different from most criminal cases. Because intent isn’t a factor, defenses often focus on:
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Challenging the facts – Were you really the one who committed the act? Was the law actually broken?
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Procedural errors – Were your rights violated during the investigation or arrest?
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Constitutional challenges – In rare cases, the law itself may be vague or overbroad.
An experienced criminal defense attorney can help explore every available option to reduce the charges, avoid a conviction, or mitigate the consequences.
Charged with a Strict Liability Offense in Texas? We Can Help.
At the Law Office of Ross Torres, we understand how frustrating it is to be accused of a crime you didn’t even intend to commit. We’re here to protect your rights, explain your options, and fight for the best possible outcome.