Criminal offenses are spelled out in statutes. These criminal statutes are what juries consider in determining guilt, what judges consider when imposing sentences, and what prosecutors consider when entering into plea bargains. Given the importance of these statutes, it is helpful to pause to consider the elements that underlie these statutes.

Criminal statutes are drafted with culpability in mind. The term culpability refers to deserving blame for harm or wrongs they commit. Criminal statutes aim to exclude non-culpable conduct from being criminal. Statutes do this by specifying which actions result in the imposition of criminal liability.

Criminal statutes are also drafted with legality or forewarning in mind. Legality refers to giving fair warning of the nature of the conduct declared to constitute a criminal offense. This advance warning provided by criminal statutes allows individuals to avoid the conduct prescribed in the statute.

Criminal statutes are also drafted with proportionality in mind. Proportionality refers to differentiating between serious and minor offenses. Criminal statutes do this by setting out actions that constitute reasonable grounds for a higher or lower offense level. For example, criminal statutes define criminal conduct as a felony or a misdemeanor. These categories are often divided further into subcategories, such as first, second, and third degree felonies.

When viewed from this perspective, a criminal statute is one that excludes non-culpable conduct, that satisfies the legality principle by providing forewarning of the criminal liability associated with the conduct, and that uses reasonable grounds to differentiate between serious and minor offenses. With these broad ideas in mind, let’s take a look at some of the more specific requirements for criminal offenses. More specifically, let’s consider the required act that gives rise to criminal liability.