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 North Dakota, as in many jurisdictions, the mental state of an individual at the time of committing a crime is crucial in determining their degree of guilt or culpability. The mental states are ranked from most to least blameworthy as follows: intentional, knowing, reckless, and criminal negligence. Specifically, criminal negligence in North Dakota occurs when an individual fails to perceive a substantial and unjustifiable risk that results from their conduct, and this failure represents a significant departure from the standard of care an ordinary person would exercise in the same situation. The risk must be apparent and considerable, and not perceiving it must be a gross deviation from what would be expected of an ordinary person. For a conviction, the prosecution must establish that the defendant acted with one of these mental states, as required by the specific crime under the North Dakota Century Code, which contains the state's penal laws. The precise definitions and requirements for these mental states are detailed in the relevant statutes, and they play a pivotal role in the criminal justice process.