Mental states that determine the degree of guilt or culpability in criminal law are generally classified from highest (most worthy of blame or punishment) to lowest as: (1) intentional; (2) knowing; (3) reckless; and (4) criminal negligence.

A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all of the circumstances, as viewed from the accused person’s standpoint at the time of the alleged criminal negligence.

Criminal offenses or crimes often specify the culpable mental state the prosecution is required to prove to convict a defendant of the offense. These culpable mental states are generally defined in the relevant state or federal statutes—usually in the penal or criminal code.

In Louisiana, the mental states that determine the degree of guilt or culpability in criminal law are indeed categorized into intentional, knowing, reckless, and criminal negligence, aligning with the general principles of criminal responsibility. Louisiana law defines these mental states in the Louisiana Criminal Code. For instance, criminal negligence in Louisiana involves a situation where an individual fails to perceive a substantial and unjustifiable risk, and this failure represents a significant departure from the conduct expected of a reasonable person under similar circumstances. Each criminal offense in Louisiana law specifies the required culpable mental state that the prosecution must prove beyond a reasonable doubt to secure a conviction. These definitions are crucial as they help establish the level of intent or awareness associated with a defendant's actions at the time of the alleged crime, which in turn influences the severity of the charges and potential penalties.