Fighting Overcriminalization in Federal Regulations
Headline: Agencies Ordered to Inventory and Restrict Criminal Regulatory Offenses
What it does: Agencies must list and publicly post all criminal regulatory offenses and state the required mens rea, while favoring civil over criminal enforcement.
- Requires agencies to publish lists of regulations that carry criminal penalties.
- Discourages criminal charges for unlisted regulatory violations, shifting toward civil enforcement.
- Obliges regulatory text to state required mental state, improving clarity for individuals.
Summary
This executive order requires federal agencies to identify and publicly list every regulation that can carry criminal penalties, and to state the authorizing law and the required mental state (mens rea) for conviction. It directs agencies to favor civil or administrative enforcement over criminal prosecution and to generally disfavor strict liability offenses.
The changes affect federal agencies, prosecutors, and everyday Americans and small businesses by making regulatory criminal rules more transparent and reducing the risk that people are unknowingly treated as criminals.
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