Fighting Overcriminalization in Federal Regulations

What it means

This order aims to reduce the criminalization of regulatory violations by requiring federal agencies to identify all regulations with criminal penalties and specify the mental state (mens rea) needed for prosecution. It establishes a policy favoring civil enforcement over criminal prosecution for strict liability offenses.

Expected impact

• Increased transparency about which regulations carry criminal penalties, making it easier for citizens to understand potential criminal liability
• Reduced risk of prosecution for Americans who unknowingly violate obscure regulations
• Potential shift from criminal to civil enforcement for regulatory violations
• Potential economic benefits for small businesses that cannot afford large legal teams to navigate complex regulations
• Required federal agencies to publicly report all criminally enforceable regulations
• Possible decrease in regulatory enforcement actions overall