Which type of mens rea involves awareness of a risk of harm?

Recklessness is defined as a type of mens rea that specifically involves a person being aware of a substantial and unjustifiable risk that their actions could cause harm. In a legal context, recklessness goes beyond mere inadvertence or oversight; it requires the individual to recognize the risk and choose to proceed regardless of the potential consequences.

This mental state indicates a conscious decision to engage in conduct that may result in harm, showing a disregard for the safety or rights of others. Different jurisdictions may have variations in how recklessness is defined, but the core concept involves an understanding of the risk associated with one's actions.

In contrast, negligence refers to a failure to be aware of a risk that a reasonable person would have recognized, while intent requires a purposeful desire to bring about a certain consequence. Strict liability, on the other hand, does not consider the mental state of the defendant and assigns liability regardless of intent or awareness.