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State v. Stepniewski

Wisconsin Supreme Court

314 N.W.2d 98 (1982)

Relevant factsFree

Contractors Richard Stepniewski and Edward Malec (defendants) were convicted under a state trade-practices statute for failing to state, in writing, the start and completion dates for home-improvement projects; in at least two cases, homes suffered severe winter damage from the unfinished work. They appealed, arguing the statute required proof they intentionally violated the law and that, absent such proof, imposing criminal liability without a mens rea requirement violated due process.

IssueFree

Whether it is constitutionally permissible for a state to enact a strict-liability statute that imposes criminal liability for an overt act or omission without requiring proof of scienter.

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