Which part of the offense corresponds to the offender's state of mind toward the act?

• A. The act
• B. Mental element
• C. Written law
• D. Result

Answer: (B)

In criminal law, liability hinges on actus reus (the physical act) and the mental state of the offender (the mental element). The part that reflects the offender’s state of mind toward the act is the mental element. It encompasses intentionality, knowledge, recklessness, or negligence regarding the act. The act itself is simply the prohibited conduct, while the written law is the statute defining the offense, and the result is the consequence of the act. So the mental element is the piece that records what the person was thinking or intending at the moment of the act, which is why it best fits the concept of the offender’s state of mind toward the act.