Laws Mute On Intent Can Criminalize The Innocent

Two laws introduced in Congress aim to address absence of language as to the violator’s intent, a problematic loophole in many federal laws. In an article for Vice, Brookings Institution senior fellow and UCLA professor John Villasenor cites an example of a teen girl who rescued a baby woodpecker, and was issued a $535 fine by the U.S. Fish and Wildlife Service for violating the Migratory Bird Treaty Act. “There are many other federal and state statutes that fail to speak to intent, and their numbers grow with each legislative session, creating an ever-increasing risk that people will be subjected to criminal prosecution for innocent actions,” Villasenor writes. “Conversely, statutes that lack clarity on intent can also be misapplied in ways that let the guilty go free.” The two laws that were introduced will be debated, but have many hurdles to overcome, including the DOJ. The House bill “would create confusion and needless litigation, and significantly weaken, often unintentionally, countless federal statutes,” a Justice Department spokesman told the Huffington Post.