The Model Penal Code (MPC) is a statutory text which was developed by the American Law Institute (ALI) in 1962. The current form of the MPC was last updated in 1981. The purpose of the MPC was to stimulate and assist legislatures in making an effort to update and standardize the penal law of the United States of America. The standard they used to make a determination of what the penal code should be was one of "contemporary reasoned judgment" — meaning what a reasoned person at the time of the development of the MPC would judge the penal law to do. The ALI performed an examination of the penal system in the USA and the prohibitions, sanctions, excuses, and authority that are used throughout. The MPC was a combination of what the ALI deemed to be the best rules for the penal system in the United States. Since its formulation, the MPC has played an important role in standardizing the codified penal laws of the United States.

Key Features

---

A key feature of the MPC is its use of standardized mens rea (criminal mind) terms to determine levels of mental states, just as murder is considered more severe if done intentionally rather than accidentally. These terms are (in order) "intentionally," "knowingly," "recklessly," and "negligently," with a fifth state of "general liability." If an offense is defined in the form, "It is illegal to knowingly do X," then it is illegal to do X knowingly or intentionally but not to do so recklessly or negligently. General liability means that it is illegal to do something, regardless of one's mental state. The use of standard terms allows laws to be relatively simply worded and comprehensible.

Another important feature is that under the MPC, any action not explicitly outlawed is legal. This concept follows the saying, "That which is not forbidden is allowed" as opposed to "That which is not allowed is forbidden." Legal scholars contrast the MPC's limits with laws passed by Nazi Germany and Soviet Russia, which allowed people to be punished for acts not specifically outlawed but similar to acts that were.

Under the MPC, ignorance of criminal law is not considered a valid defense.

Certain parts of the MPC contain multiple options, inviting states to choose one. A particularly controversial topic is the proper place of the death penalty in the MPC. Note that no state is obligated to adopt any specific part of the MPC; see below.

Use

---

The MPC is not law in any jurisdiction of the United States; however, at least 37 states have adopted revised versions of the MPC. Though many states only adopt portions of the MPC, states such as New Jersey, New York, Pennsylvania, and Oregon have enacted almost all of the provisions.

On rare occasions the courts will turn to the MPC for its commentary on the law and use it to seek guidance in interpreting non-code criminal statutes. It is also used frequently as a tool for comparison.

References

---

An Introduction To the Model Penal Code

Can a Model Penal Code Second Save the States From Themselves?