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People v. Sargent, 970 P.2d 409 (1999)

Mens rea is the mental-state element of a crime. The mental state required for most crimes is either specific intent, general intent, or criminal negligence. In People versus Sargent, the California Supreme Court had to decide whether a certain child-abuse statute required general intent or criminal negligence.

Paramedics went to Michael Sargent Sr.’s apartment in response to a nine one one call. There, they discovered Sargent’s infant son, Michael Jr., lying unconscious on the floor and bleeding from his nose and mouth. Sargent told the paramedics that Michael had fallen off the couch. Michael was admitted to the hospital where a CAT scan showed swelling and bleeding in his brain. Ultimately, Michael survived.

During a police interview, Sargent initially stated that Michael had fallen to the floor while Sargent was tossing him in the air. But when the officers told Sargent that a doctor had diagnosed Michael with shaken baby syndrome, Sargent admitted that he had vigorously shaken Michael four or five times to stop his crying. He later recanted that admission.

The People of California charged Sargent with felony child abuse based on a statute that penalizes anyone who, under conditions likely to cause serious injury or death, willfully inflicts unjustifiable physical pain on a child. The judge instructed the jury that child abuse by direct infliction of physical pain is a general-intent crime.

The jury convicted Sargent. Thereafter, the court of appeal reduced his conviction to a misdemeanor. It held that child abuse by direct infliction of physical pain requires criminal negligence instead of general criminal intent and that the record lacked evidence that Sargent knew or should’ve known that shaking a baby could cause serious injuries. The state appealed to the California Supreme Court.

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