All of the following affect the mens rea element of an offence, except:

• A. Duress
• B. Necessity
• C. Automatism
• D. Mistake of tact

Answer: (D)

Mens rea is the mental state the law requires to convict a person of a crime. When a defendant’s state of mind is altered by certain defenses, the necessary intent may be missing, so the offense cannot be made out.

Duress involves being forced to commit the act under threat, which can mean the required intent isn’t formed, so mens rea is negated. Necessity allows a person to choose the lesser harm to avoid a greater one, which can likewise negate the required intent. Automatism occurs when actions are performed without conscious control, so there is no conscious intent to commit the offence.

Mistake of tact is not a recognized concept that affects mens rea. It does not negate or alter the mental state required for the crime, so it doesn’t fit with the others in changing mens rea.