State v. David C. Polashek, 2002 WI 74, affirming in part and reversing in part, 2001 WI App 130
For Polashek: Nila J. Robinson
Issue: Whether § 48.981(7) is a strict liability offense.
Holding: Where the statute makes no reference to mental state — and none is made here — it is often deemed strict liability. Factors such as seriousness and nature of the offense and legislative history may lead the court to impose a scienter requirement. Those factors make this offense strict liability: intent is included in one section but not the pertinent one; the statute is regulatory in nature and aims at imposing a high standard of care; though the penalty (six months incarceration) is relatively harsh, strict liability has been found for much harsher punishments. ¶¶28-34.
