Also known as: absolutely liable
Written by attorneys · grounded in primary & secondary sources — see below
When absolute liability is imposed with respect to any material element of an offense defined by a statute other than the Model Penal Code and a conviction is based upon such liability, the offense constitutes a violation.
Gold Vehicle LLC released a vehicle after its technician concluded the model year was exempt from testing. A state inspector issued a citation under the emissions statute that imposes automatic liability for any release without certification. Because the statute lies outside the Code and contains no culpability language, the offense reduces to a violation under the absolute-liability rule.
Amelia Amari leased space in a converted house owned by IRM Corp. The landlord hired a contractor to replace a spongy step even though the lease assigned exterior maintenance to the tenant. The contractor performed the work negligently and a visitor fell. Because the statute lies outside the Code and imposes absolute liability, the offense reduces to a violation.
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Alice Atkins purchased a Bronco from Ford Motor Co. and was injured when the vehicle rolled over during an ordinary driving maneuver. She sued under both strict products liability and breach of implied warranty. Because the statute lies outside the Code and imposes absolute liability, the offense reduces to a violation.
Police stopped a car driven by Angela Acosta and found drugs inside a closed container in the trunk. They searched without a warrant after arresting the driver. Because the statute lies outside the Code and imposes absolute liability, the offense reduces to a violation.
Alfred Ashford mailed materials later found obscene. Prosecutors proved he knew the contents but not that he believed the materials violated the statute. Because the statute lies outside the Code and imposes absolute liability, the offense reduces to a violation.
Abigail Alvarez was injured when her vehicle collided with a General Motors car whose door latch failed. The jury found the product defective under strict liability. Because the statute lies outside the Code and imposes absolute liability, the offense reduces to a violation.
Under Model Penal Code § 2.05(2)(a), absolute liability on any material element of an offense defined by a statute other than the Code reduces the offense to a violation whenever conviction rests on that liability alone.
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No. Absolute liability dispenses only with culpability requirements. The prosecution must still establish that the material element actually occurred.
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Yes. Model Penal Code § 2.07(2) provides that a legislative purpose to impose liability on a corporation is assumed when absolute liability is imposed for the offense, unless the contrary plainly appears.
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Model Penal Code § 2.05(2)(b) permits the state to charge and prove culpable commission. Negligence then suffices for the absolute-liability elements and the offense is graded under ordinary Code provisions.
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…in Escola v. Coca Cola Bottling Co. (1944) 24 Cal.2d 453, 461 [150 P.2d 436]. He suggested that a manufacturer should be absolutely liable if, in placing a product on the market, it knew the product was to be used without inspection, and it proved to have a defect that caused injury. The policy considerations underlying this…