Also known as: material elements of an offense · material element · essential element · material fact element
Written by attorneys · grounded in primary & secondary sources — see below
An element of a criminal offense that relates to the harm or evil the law seeks to prevent or to a justification or excuse for the conduct rather than to limitations periods, jurisdiction, or venue.
Russell defended an assault charge by asserting that his peaceful character trait was central to his self-defense claim. He introduced three prior instances in which he had de-escalated confrontations. Because the trait constituted a material element of the defense, the court permitted proof through those specific instances of conduct.
Willie directed dumping of industrial soil at a landfill after reviewing only a partial permit summary. The charging statute required knowledge or recklessness regarding the prohibited character of the waste. Without that mental state as to the material element of industrial-waste status, Willie lacked the culpability necessary for conviction.
Select any source to read its text and confirm it supports the definition.
Maria planned to induce a witness to give false testimony about a fact she believed would influence the outcome of a proceeding. Because the statement would not have been material even if everything had unfolded as Maria intended, the essential element of materiality was absent and she could not be convicted of attempted subornation of perjury.
Marshall continued stomping on Uriah's chest after Uriah cried out in pain and despite the presence of nearby customers. Marshall consciously disregarded the substantial risk of death from repeated blows to the torso. That disregard established recklessness with respect to the material element of causing death.
Clear Plastics received a shipment containing a banned preservative and incorporated it into finished goods without knowledge of the contamination. The statute imposed liability solely on the presence of the preservative. Because absolute liability attached to that material element, the offense was reclassified as a violation rather than a felony.
Egelhoff sought to introduce evidence of voluntary intoxication to negate the mental state required for deliberate homicide. The state statute barred the evidence on the issue of purpose or knowledge. The Court upheld the exclusion because the material elements of the offense still required proof of the prescribed culpability.
A material element relates to the harm or evil the statute seeks to prevent or to a justification or excuse. Elements that concern only limitations periods, jurisdiction, or venue are not material.
When absolute liability attaches to a material element of an offense defined outside the Model Penal Code, the offense is reclassified as a violation rather than a felony or misdemeanor.
A person is not guilty unless the required mental state accompanies every material element. Absence of purpose, knowledge, recklessness, or negligence as to any material element defeats liability.
When a justification or excuse constitutes a material element, the prosecution must prove the required mental state with respect to facts negating that justification.
…addressed Congress' efforts to impede local activities it considered undesirable by prohibiting the interstate movement of some essential element. In the Lottery Case , 188 U. S. 321 (1903), the Court rejected the argument that Congress lacked power to prohibit the interstate movement of lottery tickets because it had power only to…