SE Valley Times

Congressman Andy Biggs has introduced two legislative measures aimed at addressing what he perceives as overcriminalization by the federal government. The Mens Rea Reform Act of 2024 and the End Endless Criminal Statutes Act seek to tackle the proliferation of federal criminal offenses.

The Mens Rea Reform Act of 2024 proposes a default mental state of "knowingly" for federal criminal offenses that do not specify a mental state standard. This change would require prosecutors to demonstrate that defendants were aware their actions were criminal or likely to result in a criminal outcome.

The End Endless Criminal Statutes Act aims to repeal ten federal provisions deemed unnecessary, including one that makes wearing a postal worker's uniform for Halloween a criminal offense. Other repealed statutes involve selling colored margarine without proper packaging, discarding produce without cause, and detaining a seaman's clothing. The act also seeks to permanently lift restrictions on sledding on Capitol grounds during winter, which Congress has historically suspended annually.

Congressman Biggs cited former Harvard University professor Harvey Silverglate's estimation that "the average American commits three felonies a day without even knowing." He emphasized that these are not violent crimes but rather minor infractions like dressing as a postal worker or writing small checks. According to Biggs, "the federal government’s overcriminalization threatens our individual liberties and the fair administration of justice."

Biggs highlighted the disparity between an estimated 4,000 federal criminal offenses and approximately 300,000 regulatory offenses, noting that no agency can provide an official count. He stated, "We have a duty to protect Americans’ right to liberty, and this begins with scaling down the massive overreach in federal criminal offenses."