Summary
Makes it harder for the government to charge people with crimes for breaking complex federal rules they may not know about.
What problem does this solve?
The U.S. has hundreds of thousands of federal rules that carry criminal penalties, making it easy for people to become criminals without knowing it. This order forces government agencies to identify these rules and be more careful about punishing people for breaking them.
Who does this affect?
- Federal agencies
- Businesses and corporations
- Individuals subject to federal regulations
What does this order do?
Requires a public list of all criminal rules
Orders every government agency to create and publicly post a report listing every federal rule that can be punished with a crime, including the penalties and what mindset is needed to be found guilty.
Discourages punishment for unlisted rules
Strongly discourages the government from charging someone with a crime for breaking a rule if that rule is not included in the agency's public report of criminal offenses.
Makes it harder to create "strict liability" crimes
Classifies any new rule that makes someone criminally guilty without proving they had a guilty mind as a "significant regulatory action," requiring extra review before it can be made.
Requires new rules to be clear about criminal penalties
Mandates that all future government rules that carry criminal penalties must clearly state that breaking the rule is a crime and explain what kind of guilty mindset is required for a conviction.
Sets standards for criminal referrals
Directs agencies to create public plans explaining when they will ask the Department of Justice to charge someone with a crime, considering factors like the harm caused and if the person knew they were breaking the law.
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Effect on immigration enforcement and national security functions
Exempts certain areas from the new rules
States that these new requirements do not apply to laws and rules related to immigration, national security, or defense.
What is the real world impact?
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Weakens public protections
Makes it harder for agencies to punish companies or individuals who cause harm by breaking rules, especially if proving they knew their actions were illegal is difficult. This could benefit businesses that can claim ignorance of complex regulations.
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Protects average citizens from unfair prosecution
Reduces the risk that people will face criminal charges for accidentally breaking one of the thousands of complicated federal regulations they likely do not know exist.
When does this start?
This order sets several deadlines for government agencies to complete specific actions.
Guidance on criminal referrals
Within 45 days of May 9, 2025, agencies must publish plans on how they will decide to refer someone for criminal charges.
Report on all criminal regulations
Within 365 days of May 9, 2025, agencies must publish a complete list of all their rules that carry criminal penalties.
Report on "guilty mind" standards
Within 30 days after submitting the main report on criminal regulations, agencies must submit another report on whether their "guilty mind" (mens rea) standards are appropriate.