EO 14294
Fighting Overcriminalization in Federal Regulations
Law EnforcementGovernment Reform
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Summary
This executive order directs federal agencies to reduce criminal enforcement of regulatory violations and establish transparency measures regarding regulatory offenses. It requires agencies to catalog criminal regulatory offenses, identify applicable mental state requirements (mens rea), and discourage prosecution of strict liability crimes unless defendants knowingly violated regulations.
Key Points
- 1Agencies must report within one year all criminal regulatory offenses they enforce, including penalty ranges and mens rea standards, and publicly post these reports
- 2Criminal enforcement of regulatory violations is disfavored, particularly for strict liability offenses; civil or administrative enforcement is preferred
- 3Prosecutions should focus on individuals who knew or should have known their conduct was unlawful and caused or risked substantial harm
- 4Future regulations with criminal penalties must explicitly identify themselves as criminal offenses and state the mental state requirement for each violation element
- 5Criminal enforcement of regulatory offenses not listed in agency reports is strongly discouraged, and the Attorney General should consider whether offenses are listed before initiating investigations
This summary is for informational purposes only. It may not capture all nuances of the executive order. Always refer to the official text for authoritative information.
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