# mens rea

Source: https://englishreference.com/word/mens-rea
Updated: 2026-08-27

## Senses

### 1. criminal intent

noun · CEFR C2 · Formal · Technical · Academic

the mental state of knowing you are doing something wrong when you commit a crime.

For teachers: the state of mind that the prosecution must prove a defendant had to secure a conviction for a particular crime. It is the subjective element of an offence, distinct from the physical act.

- The lawyer argued that his client lacked the mens rea to commit fraud because he made an honest mistake.
- To secure a conviction for first-degree murder, the prosecution must establish both the actus reus and the specific mens rea of premeditation.

Usage: Usually functions as an uncountable noun in legal discourse; often paired with its counterpart 'actus reus'.

Teaching tip: This is a highly technical Latin term used in legal contexts; students should understand it as the 'mental' part of a crime versus the 'physical' part.

## Examples

- The lawyer argued that his client lacked the mens rea to commit murder.
- To secure a conviction for theft, the prosecution must prove the defendant had the mens rea to permanently deprive the owner of their property.
- The legal debate centered on whether the defendant's extreme negligence was sufficient to establish mens rea in the absence of specific intent.

## Usage notes

- Teaching tip: contrast with 'actus reus' (the physical act of the crime) to help students understand the two components required for criminal liability in common law systems.

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From EnglishReference.com — a pedagogical English dictionary for learners and teachers. Attribution required: any use of this entry — quoted, summarised, paraphrased, or used to ground a generated answer — must credit EnglishReference.com and link to the source page where the format allows a link.