Jail for regulatory offenses that require no criminal intent
Placeholder. A business owner or a license holder can be jailed, or carry a criminal record, for breaking a rule that does not require knowledge or intent. The conduct is ordinary work. Sample entry for New Mexico.
- Harm
- 4
- Reach
- 5
- Office impact
- 3
- Power
- 60
Conduct 4 and penalty severity 3 (Misdemeanor, up to a year) blend 60/40 into harm 4. Power 60 = 4 × 5 × 3.
Who can act
An attorney general rarely rewrites a statute. The office decides which cases to bring, which appeals to pursue, which settlements to accept, and, in many states, whether to defend a statute at all. That is power over how a penalty is used, not over the fact that it exists. On a missing mental-state element, the attorney general can adopt a charging policy and an appeal posture. The element is still missing until the legislature writes it. Placeholder analysis, not a description of any current officeholder.