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Allen runs a company that creates and sells many varieties of cheese. his company produces and sells a batch of brie cheese contaminated with listeria monocytogenes. in a growing number of states which impose liability without fault, the sale of this cheese could result in criminal liability:

a. only if allen intended for the contamination.

b. if the sale of the cheese brings about illness/death due to the contamination.

c. only if the prosecution can prove someone intentionally tampered with the cheese.

d. only if the specific mens rea is present at the time of the crime.

User Gering
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1 Answer

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B. if the sale of the cheese brings about illness/death due to the contamination.

In these states, liability is imposed without fault, so it doesn't matter if there was an attempt to injure, it only matters if someone was injured (or got sick).

All of the other answer choices deal with intention (mens rea is a latin term meaning knowingly and intentionally doing something).

User Basarat
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