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MMLU / In a large city littering is always a problem. The state anti-littering statute…

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question

In a large city littering is always a problem. The state anti-littering statute forbids throwing trash and other matter from any vehicle onto the public roads. It's a summary offense carrying a 50fineandnoimprisonment.Onthethirdoffense,thefineis50 fine and no imprisonment. On the third offense, the fine is 500 and there is a 5-day jail sentence. The statute does not mention any requirement of criminal intent. John and his family are coming back from a weekend picnic when his children throw bags of refuse and the remains of their lunch out of the rear window of the moving vehicle. John is stopped and given a $50 ticket. Can he succeed with a defense that he didn't know what his children were doing and that he had no criminal intent to break any laws?
Plain-text mathematical notation (without MathML)
In a large city littering is always a problem. The state anti-littering statute forbids throwing trash and other matter from any vehicle onto the public roads. It's a summary offense carrying a 50fineandnoimprisonment.Onthethirdoffense,thefineis500 and there is a 5-day jail sentence. The statute does not mention any requirement of criminal intent. John and his family are coming back from a weekend picnic when his children throw bags of refuse and the remains of their lunch out of the rear window of the moving vehicle. John is stopped and given a $50 ticket. Can he succeed with a defense that he didn't know what his children were doing and that he had no criminal intent to break any laws?
Original LaTeX notation
In a large city littering is always a problem. The state anti-littering statute forbids throwing trash and other matter from any vehicle onto the public roads. It's a summary offense carrying a $50 fine and no imprisonment. On the third offense, the fine is $500 and there is a 5-day jail sentence. The statute does not mention any requirement of criminal intent. John and his family are coming back from a weekend picnic when his children throw bags of refuse and the remains of their lunch out of the rear window of the moving vehicle. John is stopped and given a $50 ticket. Can he succeed with a defense that he didn't know what his children were doing and that he had no criminal intent to break any laws?

choices

  1. No, because this is likely a strict liability law that does not provide for defenses based on mental state.
  2. Yes, because he didn't know what his children were doing in the back seat and he had not participated in the violation nor did he know that they did it or were going to do it.
  3. Yes, because the police have no way of proving who in the car threw the garbage out the window.
  4. No, because his criminal intent is clearly established by the circumstances of the events.

subject

professional_law

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