Stepniewski v. Gagnon
United States Court of Appeals for the Seventh Circuit
732 F.2d 567 (1984)
Richard Stepniewski (petitioner) was convicted of twelve counts of violating Wisconsin's home improvement Trade Practices Act, receiving a mix of consecutive and concurrent prison sentences, largely stayed by probation, plus an added consecutive term due to a prior felony. Wisconsin's courts had construed the statute's word "intentionally" to modify only the verb "refuses," not "neglects" or "fails" -- meaning a defendant could be strictly liable just for failing to follow a regulation, with no intent required. State courts affirmed his convictions; a federal district court then granted his habeas petition, agreeing that convicting him without proof of intent violated due process, and the state (through Gagnon) appealed.
Whether a state criminal statute violates the Due Process Clause simply because it imposes strict liability without requiring proof of criminal intent.