Protecting Americans From Overcriminalization Through Regulatory Reform

What it means

This order aims to protect Americans from unwarranted criminal penalties for unintentional regulatory violations. It requires federal agencies to clearly identify which regulations carry criminal penalties and specify the level of intent (mens rea) required for prosecution, reducing the use of strict liability offenses.

Expected impact

• Greater transparency in federal regulations, helping individuals and businesses better understand potential criminal liabilities
• Reduced criminal enforcement for unintentional regulatory violations, with agencies encouraged to pursue administrative or civil enforcement instead
• More focused criminal prosecution on individuals who knowingly violate regulations, particularly when causing public harm
• Guidance from federal agencies on their approach to handling regulatory offenses, potentially leading to more consistent enforcement
• Improved regulatory clarity through explicit statements about criminal penalties in proposed and final rules