liparota argued march decided may federal statute governing food stamp fraud provides whoever knowingly uses transfers acquires alters possesses coupons authorization cards manner authorized statute regulations shall guilty criminal offense petitioner indicted violation jury trial federal district government proved petitioner three occasions purchased food stamps undercover department agriculture agent substantially less face value refused petitioner proposed jury instruction government must prove petitioner knowingly act law forbids purposely intending violate law rather petitioner objection instructed jury government prove petitioner acquired possessed food stamps manner authorized statute regulations knowingly willfully acquired stamps petitioner convicted appeals affirmed held absent indication contrary purpose statute language legislative history government prosecution violation must prove defendant knew acquisition possession food stamps manner unauthorized statute regulations pp criminal offenses requiring mens rea generally disfavored status failure congress explicitly unambiguously indicate whether mens rea required signal departure background assumption criminal law moreover interpret statute dispense mens rea criminalize broad range apparently innocent conduct addition requiring mens rea case keeping established principle ambiguity concerning ambit criminal statutes resolved favor lenity pp fact directed primarily stores authorized accept food stamps program participants differs wording structure provides hoever presents causes presented coupons payment redemption knowing received transferred used manner violation statute regulations fails show congressional purpose require proof defendant knowledge illegality prosecution shown requiring knowledge illegality prosecution supported obvious compelling policy reasons assumed congress intended make distinction pp yermian support interpretation dispensing requirement government prove defendant knowledge illegality offense public welfare offense depends mental element consists forbidden acts omissions pp brennan delivered opinion marshall blackmun rehnquist stevens joined white filed dissenting opinion burger joined post powell took part consideration decision case william huyck appointment argued cause filed briefs petitioner charles rothfeld argued cause pro hac vice brief solicitor general lee assistant attorney general trott deputy solicitor general claiborne justice brennan delivered opinion federal statute governing food stamp fraud provides whoever knowingly uses transfers acquires alters possesses coupons authorization cards manner authorized statute regulations subject fine imprisonment stat amended question presented whether prosecution provision government must prove defendant knew acting manner authorized statute regulations petitioner frank liparota brother moon sandwich shop chicago illinois indicted acquiring possessing food stamps violation department agriculture authorized petitioner restaurant accept food stamps app trial government proved petitioner three occasions purchased food stamps undercover department agriculture agent substantially less face value first occasion agent informed petitioner worth food stamps sell agent accepted petitioner offer consummated transaction back room restaurant petitioner brother similar transaction occurred one week later agent sold worth coupons approximately one month later petitioner bought worth food stamps agent submitting case jury district rejected petitioner proposed specific intent instruction instructed jury government must prove defendant knowingly act law forbids purposely intending violate law concluding specific intent crime rather knowledge case district instead instructed jury follows word knowingly used instructions means defendant realized aware nature conduct act ignorance mistake accident knowledge may proved defendant conduct facts circumstances surrounding case petitioner appealed conviction appeals seventh circuit arguing district erred refusing instruct jury specific intent required prosecution appeals rejected petitioner arguments decision conflicted recent decisions three courts appeals granted certiorari reverse ii controversy parties concerns mental state government must show proving petitioner acted manner authorized statute regulations government argues petitioner violated statute knew acquired possessed food stamps fact acquisition possession manner authorized statute regulations according government mens rea mind morissette necessary conviction petitioner claims government interpretation dispensing mens rea dispenses morally blameworthy element definition crime avoid allegedly untoward result claims individual violates statute knows acquired possessed food stamps also knows done unauthorized manner task determine meaning congress intended definition elements criminal offense entrusted legislature particularly case federal crimes solely creatures statute hudson cranch respect element issue case however congress explicitly spelled mental state required although congress certainly intended use word knowingly require mental state respect element crime defined interpretations proffered parties accord congressional intent extent beyond words provide little guidance either interpretation accord ordinary usage legislative history statute contains nothing clarify congressional purpose point absent indication contrary purpose language legislative history statute believe requires showing defendant knew conduct unauthorized statute regulations contention injury amount crime inflicted intention provincial transient notion universal persistent mature systems law belief freedom human consequent ability duty normal individual choose good evil morissette supra thus gypsum noted ertainly far simple omission appropriate phrase statutory definition necessary justify dispensing intent requirement criminal offenses requiring mens rea generally disfavored status similarly case failure congress explicitly unambiguously indicate whether mens rea required signal departure background assumption criminal law construction particularly appropriate interpret statute otherwise criminalize broad range apparently innocent conduct instance declares criminal use transfer acquire alter possess food stamps manner authorized statute regulations statute provides oupons issued eligible households shall used purchase food retail food stores approved participation food stamp program prices prevailing stores emphasis added see also cfr seems authorized use strict reading statute requirement thus render criminal food stamp recipient example used stamps purchase food store unknown charged higher normal prices food stamp program participants reading also render criminal nonrecipient food stamps possessed stamps mistakenly sent mail due administrative error altered tearing transferred throwing away course congress intended broad range conduct made illegal perhaps understanding prosecutors exercise discretion avoid harsh results however given paucity material suggesting congress intend reluctant adopt sweeping interpretation addition requiring mens rea keeping longstanding recognition principle ambiguity concerning ambit criminal statutes resolved favor lenity rewis see also gypsum supra bass bell universal credit application rule lenity ensures criminal statutes provide fair warning concerning conduct rendered illegal strikes appropriate balance legislature prosecutor defining criminal liability see bass supra ecause seriousness criminal penalties criminal punishment usually represents moral condemnation community legislatures courts define criminal activity although rule lenity applied conflict implied expressed intent congress provides interpretive guideline congressional purpose unclear instant case rule directly supports petitioner contention government must prove knowledge illegality convict government argues however comparison companion demonstrates congressional purpose require proof defendant knowledge illegality prosecution section directed primarily stores authorized accept food stamps program participants provides hoever presents causes presented coupons payment redemption knowing received transferred used manner violation statute regulations subject fine imprisonment emphasis added government contrasts language word knowingly placed differently whoever knowingly uses transfers emphasis added since undeniably requires knowledge illegality suggested inference difference wording structure two sections indicates government urges distinction mental state required violation required violation sensible one absent requirement mens rea grocer presenting food stamps payment might criminally liable even customer employees illegally procured transferred stamps without grocer knowledge requiring knowledge illegality prosecution allegedly necessary avoid kind vicarious criminal liability since offense defined using transferring acquiring altering possessing food stamps unauthorized manner involve possibility vicarious liability argues government congress reason impose similar knowledge illegality requirement section find argument persuasive difference wording slender reed support attempted distinction government argument accepted lead demise distinction congress said desired according government congress intend knowledge illegality requirement intend requirement anyone violated present ed caus ed presented coupons payment redemption unauthorized manner person seemingly also use transfer red acquir ed alter ed possess ed coupons similarly unauthorized manner thus violated follows government able prosecute violator well required government prove knowledge illegality result government always avoid proving knowledge illegality food stamp fraud cases simply bringing prosecutions congress wanted require government prove knowledge illegality food stamp fraud cases thus chose peculiar way similar reasons government arguments congress plausible reason require knowledge illegality prosecutions equally unpersuasive grocers participants food stamp program benefit extensive informational campaign concerning authorized use handling food stamps app yet government prove knowledge illegality prosecuting grocers burden prosecuting third parties may well opportunity acquaint rules governing food stamps immediately obvious congress concerned imposing strict liability grocers similar concerns imposing strict liability nonparticipants program point congress chosen enact statute along lines doubt policy arguments sides question whether statute desirable rather conclude policy underlying construction neither obvious compelling must assume absence discussion issue legislative history congress enact statute government advances two additional arguments support reading statute first government contends decision last term yermian supports interpretation yermian involved prosecution violation federal false statement statute parties agreed statute required proof least defendant knowingly willfully made false statement thus unlike instant case parties yermian agreed government prove defendant mens rea controversy yermian centered whether government also prove defendant knew false statement made matter within jurisdiction federal agency respect element although held government prove actual knowledge federal agency jurisdiction explicitly reserved question whether culpability necessary respect even jurisdictional element contrast government instant case argues mens rea required respect element crime finally yermian found statutory language unambiguous legislative history supported interpretation statute issue case differs respects second government contends offense public welfare offense defined morissette depend mental element consist forbidden acts omissions yet offense issue differs substantially public welfare offenses previously recognized previous instances congress rendered criminal type conduct reasonable person know subject stringent public regulation may seriously threaten community health safety thus freed examined federal statute making illegal receive possess unregistered firearm holding government prove recipient unregistered hand grenades knew unregistered noted one hardly surprised learn possession hand grenades innocent act see also international minerals chemical similarly dotterweich held corporate officer violate food drug cosmetic act firm shipped adulterated misbranded drugs even though consciousness wrongdoing totally wanting see also balint distinctions cases instant case clear food stamp hardly compared hand grenade see freed unauthorized acquisition possession food stamps compared selling adulterated drugs dotterweich iii hold prosecution violation government must prove defendant knew acquisition possession food stamps manner unauthorized statute regulations holding put unduly heavy burden government prosecuting violators prove petitioner knew acquisition possession food stamps unauthorized example government need show knowledge specific regulations governing food stamp acquisition possession must government introduce extraordinary evidence conclusively demonstrate petitioner state mind rather criminal prosecution requiring mens rea government may prove reference facts circumstances surrounding case petitioner knew conduct unauthorized illegal reversed footnotes hoever knowingly uses transfers acquires alters possesses coupons authorization cards manner authorized chapter regulations issued pursuant chapter shall coupons authorization cards value guilty felony shall upon first conviction thereof fined imprisoned five years upon second subsequent conviction thereof shall imprisoned less six months five years may also fined coupons authorization cards value less shall guilty misdemeanor upon first conviction thereof shall fined imprisoned one year upon second subsequent conviction thereof shall imprisoned one year may also fined addition penalties person convicted felony misdemeanor violation subsection may suspended participation food stamp program additional period eighteen months consecutive period suspension mandated section title food stamps provided government meet certain criteria see generally may used purchase food retail food stores restaurant receives proper authorization department agriculture may receive food stamps payment meals certain special circumstances relevant app instruction proffered petitioner drawn devitt blackmar federal jury practice instructions instruction reads entirety crime charged case serious crime requires proof specific intent defendant convicted specific intent term implies means general intent commit act establish specific intent government must prove defendant knowingly act law forbids purposely intending violate law intent may determined facts circumstances surrounding case see pollard marvin cert denied faltico cert denied required mental state may course different different elements crime bailey freed brennan concurring judgment see generally robinson grall element analysis defining criminal liability model penal code beyond stan rev case instance parties agree petitioner must known acquired possessed food stamps disagree whether mental element required respect unauthorized nature acquisition possession also recognized mental element criminal law encompasses two possibilities specific general intent see bailey supra gypsum freed supra brennan concurring judgment model penal code instance recognizes four mental purpose knowledge recklessness negligence ali model penal code prop draft case petitioner argues respect element issue knowledge required government contends mental state required respect element course congress must act within applicable constitutional constraints defining criminal offenses case allegation statute unconstitutional either interpretation one treatise aptly summed ambiguity analogous situation still difficulty arises ambiguity frequently exists concerning words phrases question modify instance knowingly modify sentence blue sky law criminal statute punishing one knowingly sells security without permit securities commissioner guilty must seller security without permit know constitutes sale must also know thing sells security must also know permit sell security sells matter grammar statute ambiguous clear far sentence word knowingly intended travel whether modifies sells sells security sells security without permit lafave scott criminal law see infra dissent repeatedly claims holding today creates defense mistake law post holding today creates mistake law defense statute making knowing receipt stolen goods unlawful see post cases legal element definition offense case statute legal element goods stolen case legal element use transfer acquisition etc manner authorized statute regulations defense charge receipt stolen goods one know receipt illegal defense charge violation one know possessing food stamps manner unauthorized statute regulations illegal however defense charge knowing receipt stolen goods one know goods stolen defense charge violation one know one possession unauthorized see ali model penal code comment tent draft freed supra brennan concurring judgment cf morissette holding defense charge knowingly converting federal property one know one conversion committee report house representatives noted provision essentially current form first enacted provision makes clear participants shall charged regular price prevailing retail store purchase food stamps see also department agriculture regulations permit state agencies administering food stamp program mail coupons directly program participants regulations provide state agency may issue coupon allotments mail cfr statute provides full whoever presents causes presented coupons payment redemption value knowing received transferred used manner violation provisions chapter regulations issued pursuant chapter shall guilty felony upon first conviction thereof shall fined imprisoned five years upon second subsequent conviction thereof shall imprisoned less one year five years may also fined coupons value less shall guilty misdemeanor upon first conviction thereof shall fined imprisoned one year upon second subsequent conviction thereof shall imprisoned one year may also fined addition penalties person convicted felony misdemeanor violation subsection may suspended participation food stamp program additional period eighteen months consecutive period suspension mandated section title notwithstanding absence explicit discussion issue legislative history government argues certain statements committee reports support position statute originally enacted part food stamp act pub stat committee report accompanying bill house representatives described sections together section makes violation federal law knowingly use transfer acquire possess coupons manner authorized act present cause presented coupons redemption knowing received transferred used manner violation provisions act see also cong government believes description sections single sentence emphasizes difference meaning fail see sentence merely parrots terms statute offers enlightenment terms mean government similarly points legislative history act substantially revised previous food stamp program house report explained ny unauthorized use transfer acquisition alteration possession food stamps individual may prosecuted provisions report continued penalties prescribed whoever presents causes presented food stamps payment redemption knowing received transferred used manner violating provisions act regulations implementing act ibid presumably relying omission word knowingly description government argues language indicates difference sections plainly visible congress congress fully aware scope former provision brief believe omission word knowingly evidence congress devoted attention issue today likely committee unaware problem simply realize need discuss mental element needed conviction moreover omission word knowingly description indicate anything intent dispense requirement knowledge intent odds language statute interpretation urged even government today omission word knowingly thus provides support argument congress intended require knowledge illegality prosecution statute provides whoever matter within jurisdiction department agency knowingly willfully falsifies conceals covers trick scheme device material fact makes false fictitious fraudulent statements representations makes uses false writing document knowing contain false fictitious fraudulent statement entry shall fined imprisoned five years fact parties yermian agreed government prove defendant knowingly willfully made false statement course indicate parties agreed mental state applicable elements offense see post white dissenting mean yermian unlike case parties agreed mind required respect least one element crime although agree petitioner concerning interpretation statute express opinion specific intent instruction tendered see supra instruction criticized general potentially misleading see arambasich useful instruction might relate specifically mental state required eschew use difficult legal concepts like specific intent general intent case instance government introduced evidence petitioner bought food stamps substantial discount face value conducted part transaction back room restaurant avoid presence patrons moreover government asserts food stamps stamped nontransferable brief jury inferred evidence petitioner knew acquisition possession stamps unauthorized justice white chief justice joins dissenting forsaking reliance either language history majority bases result absence explicit rejection general principle criminal liability requires actus reus mens rea view result fact supported statute language history majority ignored general principles criminal liability views statutory problem far sentence term knowingly travels see ante accepting moment knowingly extend manner language today holding correct position take issue doubt gets far manner language separated litany verbs knowingly directly connected intervening nouns considered identically phrased statute last term yermian predecessor statute issue case provided hoever shall knowingly willfully make false fraudulent statements representations matter within jurisdiction department agency shall fined quoting act june ch stat found natural reading statute knowingly willfully applied making false fraudulent statements fact jurisdiction token natural reading knowingly modifies verbs attached event think premise approach mistaken even accepting knowingly extend sentence least read statute mean says rather requires defendant aware relevant aspects conduct requirement defendant know acting particular manner coupled fact manner forbidden establish defense ignorance law creates defense ignorance mistake fact knowingly something unauthorized law something knowing unauthorized law point demonstrated hypothetical statute referred majority punishes one knowingly sells security without permit see ante even knowingly reach without permit think defendant knew permit though permit required convicted section identical statute except instead detailing various legal requirements incorporates proscribing use coupons manner authorized law shorthand approach drafting transform knowledge illegality element crime written substantively different broken collection specific provisions making crimes particular improper uses example food stamps used purchase tobacco cfr statute might said inter alia anyone knowingly uses coupons purchase cigarettes commits crime plausible reading defendant acquitted know cigarettes eligible food fact exactly say write longhand opinion provides another illustration general point someone used food stamps purchase groceries inflated prices without realizing agree person may convicted reason given majority purchaser knowingly use stamps proscribed manner unaware circumstances transaction made illegal majority part company result well rationale purchaser knew charged higher normal prices overcharging prohibited case aware nature actions therefore purchase knowing hold mental state satisfies statute holding understand person convicted know conduct illegal much made comparison government like see argues express requirement knowing illegality subsection supports inference absence provision subsection intentional disagree majority refutation argument view discussion beside point government premise seems mistaken subsection impose requirement knowing illegality provision much like statutes forbid receipt sale stolen goods see statutes generally require knowledge goods stolen requires knowledge past impropriety statutes require defendant know receipt illegal similarly plainly require defendant know illegal present coupons improperly used past inconceivable someone presenting coupons like someone buying stolen goods think conduct aboveboard despite preceding illegality belief however sincere defense short require defendant know conduct prosecuted illegal create defense therefore draw government suggested inference two provisions nonetheless fruitfully compared matters difference similarity neither contains indication knowledge law defining offense element offense see ali model penal code comment tent draft requirement knowing illegality read either provision agree government congress wants include requirement statute knows even though consider subsection example provisions code explicitly include requirement familiarity law defining offense indeed places majority analysis entirely superfluous see also model penal code supra congress easily included similar provision cf turkette finally lower reading statute consistent legislative history majority points history provides little go significantly however brief discussions provision relevant congressional reports mention requirement knowing illegality contrary food stamp act rewritten house report noted ny unauthorized use transfer acquisition alteration possession food stamps may prosecuted emphasis added ii broad principles opinion easy live case application reasoning might always benign example little different basic federal prohibition manufacture distribution controlled substances title provides except authorized subchapter shall unlawful person knowingly intentionally manufacture distribute dispense possess intent manufacture distribute dispense controlled substance provisions might distinguished different placements except authorized manner authorized clauses sentences see yermian however nothing majority opinion indicates difference relevant indeed logic opinion require knowledge illegality conviction statute making crime something manner authorized law unlawfully suspect case arises future result unacceptable manage distinguish today decision interested see iii relying background assumption criminal law mens rea required ante ignores equally well founded assumption ignorance law excuse conventional position knowledge existence meaning application law determining elements offense element offense model penal code supra prior cases indicate statutory requirement knowing violation supersede principle example statute issue international minerals chemical interstate commerce commission authorized promulgate regulations regarding transportation corrosive liquids crime knowingly violat regulation viewing word regulations shorthand designation specific acts omissions violate act adhered traditional rule ignorance law defense violation knowing defendant know transporting corrosive liquids example merely water requirement aware violating particular regulation similarly case phrase manner authorized statute regulations shorthand incorporation variety legal requirements convicted defendant must aware illegal boyce motor lines considered statute punished anyone knowingly violates regulation requiring trucks transporting dangerous items avoid congested areas possible rejecting vagueness challenge read knowingly mean driver aware regulation see jackson dissenting know safer alternative route available likewise construing punishes hoever knowingly uses mails mailing anything declared section section title nonmailable held defendant need known materials nonmailable hamling require proof defendant knowledge legal status materials permit defendant avoid prosecution simply claiming brushed law required statute accord rosen see also freed brennan concurring judgment cases statutory language lent approach adopted today anything readily read like statutes require awareness relevant aspects one conduct rendering illegal fact illegality reading abandon background assumption mens rea creating offense consistent equally important background assumption ignorance law defense iv wholly agree contention injury amount crime inflicted intention provincial transient notion morissette ante holding inconsistent longstanding important principle petitioner conduct intentional jury found petitioner realized aware nature conduct act ignorance mistake accident app trial instructions whether knew regulation violated beside point majority efforts distinguish yermian unavailing first points statute issue prosecution establish mens rea show knowing falsehood ante however majority points elsewhere ante different mental apply different elements offense fact yermian mens rea proved first element irrelevant holding regard second reason read statute differently second majority language yermian unambiguous ante since identical language issue case less finally majority notes yermian decide whether prosecution might prove defendant known statements within agency jurisdiction however passing statement irrelevant interpretation statute language undertake agency interpretation statute evidenced regulations clear person fact violating statute regulation referred majority cfr coupons may used household purchase eligible food household prevailing price requirement mentioned section applies participating stores coupons shall accepted eligible foods prices terms conditions applicable cash purchases foods store purposes illustration however accept overcharging also overcharged violates statute appropriate prosecutorial target situation course seller rather purchaser doubt every prosecutor country agree discussion hypothetical wholly academic similar reasons unmoved specter criminal liability someone mistakenly mailed food stamps throws see ante think hypothetical offers much guide congressional intent proceed assumption congress mind situation bizarre mutation arguments presume wildly unreasonable conduct government officials nature unconvincing reliance likely harm good dotterweich rule including adopted today immune contrived defects asserts distinction meaningless anyone violated subsection necessarily violated subsection well present ing caus ing presented coupons payment redemption unauthorized manner ante however subsection forbids presenting coupons knowing improperly used acquired past manner acquisition presentation offender may perfectly proper point coupons sense tainted prior transaction thus clerk accepts stamps ineligible items thereby violating employer collects stamps presents redemption normal course business seem latter violated done nothing manner authorized law violated subsection knew clerk wrongdoing may merely violating subsection grocer also violates subsection absent violation subsection see grocer violate subsection case similarly valid defense charge theft defendant thought property legally belonged even belief incorrect ignorance law excuse rather legal element involved simply aspect attendant circumstances respect knowledge required culpability law involved law defining offense legal rule characterizes attendant circumstances material offense ali model penal code comment tent draft accord freed brennan concurring judgment cf morissette distinguishes public welfare offense cases involving inherently dangerous articles commerce whose users assumed subject regulation ante see freed brennan concurring judgment apart fact reasonable person also assume food stamps heavily regulated subject sale exchange distinction related actual holdings cases opinion boyce concurrence freed discuss consideration references dangerousness goods international minerals directed possible due process challenges convictions without notice criminality today majority acknowledges ante constitutional defect holding issue one congressional intent statute defendant convicted even though unaware circumstances conduct made illegal take example statute recently regulation forbidding hunting birds baited field read scienter requirement case defense prove one know field baited case someone hunting field guilty even know known baited see catlett post white dissenting denial certiorari argue latter approach taken statute statutory language allow