Protecting Americans From Overcriminalization Through Regulatory Reform
Jan 22, 2021
Signed by: Donald Trump
Signed on: Jan 18, 2021
Published on: Jan 22, 2021
Jan 22, 2021
Signed by: Donald Trump
Signed on: Jan 18, 2021
Published on: Jan 22, 2021
Summary
Requires government agencies to be clear about which rule violations can lead to criminal charges and to focus on punishing those who knowingly break the law.
What problem does this solve?
Many federal rules are confusing, and people can face criminal charges for breaking them by accident. This order makes agencies write clearer rules and focus criminal charges on people who break rules on purpose.
What does this order do?
Requires clarity on criminal penalties
Makes all new government rules state clearly if breaking them can lead to criminal punishment.
Specifies the required state of mind
Forces new rules to explain the mental state, like 'knowingly' or 'willfully', needed to be found guilty of a criminal violation.
Limits offenses without a mental state requirement
Discourages 'strict liability' offenses, where someone can be guilty even if they did not mean to break a rule. Agencies must justify using this standard.
Guides criminal enforcement decisions
Directs agencies to create plans for handling minor rule-breaking with civil or administrative actions instead of criminal charges.
Who does this affect?
- Federal agencies
- Businesses
- Individuals subject to federal regulations
What is the real world impact?
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Increases fairness in the justice system
Ensures that people are not punished for accidentally breaking complex rules. It focuses punishment on those who intentionally commit wrongdoing, making the system feel more just.
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Reduces the burden of government rules
Makes it easier for people and businesses to understand and follow federal regulations without fear of accidental criminal charges. This can lower legal costs and encourage compliance.
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Could make it harder to prosecute some crimes
Critics might argue that requiring proof of intent for more offenses makes it more difficult for the government to prosecute harmful actions, especially in complex corporate or environmental cases where intent is hard to prove.
When does this start?
This order takes effect immediately as of January 18, 2021, but sets a deadline for agencies to create new guidance.
Agency guidance on criminal referrals
Within 45 days of January 18, 2021, agencies must publish guidance on how they will handle regulatory offenses without referring them for criminal prosecution.