What must be established to hold a person criminally liable under Title 2C?

• A. Culpability is optional
• B. Culpability must be proven
• C. Culpability is irrelevant for strict liability
• D. Culpability is automatic with act

Answer: (B)

In Title 2C, criminal liability rests on showing a culpable mental state tied to the prohibited conduct. The law typically requires proof that the defendant acted with a specified level of fault—purposefully, knowingly, recklessly, or negligently—along with the actual conduct. This mental state connects the person’s mindset to the crime, making the charges meaningful and fair. While strict liability offenses do exist where a mental state isn’t required, the general rule is that culpability must be proven to convict. So the best answer is that culpability must be proven, since without establishing the defendant’s mental state, most criminal charges under Title 2C cannot stand.