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5.01 Proof of Required Mental State. 5. If a statute specifies a mental state or a particular offense, courts will usually apply the requisite mental state to each element of the crime.Certain crimes do not require proof of a mental state element. Motive is an indirect way to prove that something was done intentionally or knowingly. For example, many theft laws require the government to prove that a defendant took property "with the intent to permanently deprive a person of the property. For example, malice aforethought is used as a requirement for committing capital murder, and the Supreme Court has applied mental states such as "willfully. The prosecution is not required to prove any mental state at all. These are called strict liability crimes. The prosecution is not required to prove any mental state at all. These are called strict liability crimes.