Which is a common law strict liability offense?

• A. Welfare crimes (selling to minor)
• B. Murder
• C. Arson
• D. False imprisonment

Answer: (A)

The key idea is that strict liability offenses do not require proof of a mens rea, or guilty mind. In common law, these offenses are often regulatory or public welfare crimes designed to protect the public, where the act itself is enough to establish guilt regardless of the defendant’s awareness of a prohibited condition.

Selling to a minor is a classic example. The liability attaches to the seller for making the sale to someone under the legal age, even if the seller did not know the purchaser’s age or did not intend to break the law. The emphasis is on preventing underage access, not on the seller’s mental state at the time of the sale.

In contrast, murder requires intent or a purposeful/unlawful taking of life, arson typically involves intent to burn or at least a reckless disregard for the risk of burning, and false imprisonment requires an intentional act to confine another person. These involve culpable mental states and are not strict liability offenses.