Can You Unknowingly Commit a Crime?

Many criminal charges require “intent” on the part of the accused. That means that you would not likely unknowingly commit those crimes. However, that is not true for every offense. Some laws impose penalties regardless of intent or knowledge, meaning a person can be held criminally responsible even if they did not know their conduct was illegal. At D. Craig Brown, we defend the full range of misdemeanor and felony cases in South Carolina. Here, our criminal defense lawyer explains the key things about unknowing crimes.

Most Criminal Charges in South Carolina Require a “Guilty Mind”

First and foremost, it is essential to emphasize that most crimes in South Carolina require knowledge that they are being committed, or at least the standard is that the defendant knew or should have known that they were violating the law. From a legal perspective, this concept is known as “mens rea.” The term effectively means “guilty mind.”

To secure a conviction, the prosecution must prove the defendant acted intentionally, knowingly, or recklessly. Crimes such as assault, burglary, or drug distribution typically require the accused to have understood their actions were wrong and/or unlawful. The intent requirement helps distinguish criminal behavior from mere accidents or good faith, reasonable misunderstandings.

Not All Offenses Require Knowledge/Intent

To be clear, there are exceptions to the rule. Not all criminal offenses in South Carolina require mens rea. On the contrary, some South Carolina laws impose strict liability. That means that the prosecution does not have to prove the defendant knew they were breaking the law. Some notable examples include:

Unlawful Possession of a Firearm by a Felon: A person may be charged even if they did not know they were prohibited from possessing a firearm.

Statutory Rape (Sexual Conduct with a Minor Under the Age of Consent): Consent or lack of knowledge about the minor’s age is not a defense under certain circumstances.

Certain Environmental Violations: Businesses or people may face criminal penalties for disposing of waste improperly, even if they were unaware their conduct was illegal.

Protect Yourself: Exercise Your Right to Remain Silent

The Fifth Amendment protects your right to remain silent. You are not required to answer any questions from the police or prosecutors. You should ask to speak to your Florence, SC, criminal defense lawyer. Remember, ignorance of the law is not a complete defense against all crimes in South Carolina. If you are under investigation or accused of a crime, especially where intent may be disputed, do not make statements to law enforcement without legal counsel. What you say can be misunderstood or taken out of context.

Call Our Florence, SC, Criminal Defense Attorney Today

At D. Craig Brown, our dedicated legal team provides justice-driven, solutions-focused representation. If you have any questions about a criminal case, please call or contact us online for a confidential consultation. From our Florence law office, we defend criminal cases throughout the broader region in South Carolina.