Street v. State, 49A02-0901-CR-91
2nd Dist., 08-18-09, Ind.App. 911 N.E.2d 654
Attorney: Ann M. Sutton
Holding: There is no mens rea requirement for the offense of public intoxication. See McCaffrey v. State, 523 N.E.2d 435 (Ind.Ct.App. 1988). Accordingly, the State is not required to show that Defendant had a knowing mens rea to commit public intoxication because mens rea is not an element of the offense as defined in I.C. 7.1-5-1-3. Thus, the State is only required to prove that Defendant was 1) in a public place and 2) intoxicated. Because Defendant does not dispute that he was in a public place and intoxicated, Court affirmed his conviction. Held, judgment affirmed.
