Congressman Biggs Introduces Legislation to Tackle Overcriminalization by the Federal Government

Congressman Andy Biggs (R-AZ) introduced the Mens Rea Reform Act of 2024 and the End Endless Criminal Statutes Act to combat the federal government’s habitual practice of codifying absurd amounts of federal criminal offenses.

The Mens Rea Reform Act of 2024 establishes a default mental state of “knowingly” for federal criminal offenses that lack an explicit mental state standard. This requires the prosecution to prove the defendant was aware that the conduct they engaged in is of a criminal nature or that their conduct was essentially certain to cause the criminal result in question. 

The End Endless Criminal Statutes Act repeals ten federal provisions carrying unnecessary criminal penalties. For example, the bill repeals a federal statute under which simply putting on the uniform of a postal worker incurs criminal charges, even for just a Halloween costume. Other frivolous “criminal” actions overturned by Congressman Biggs’s legislation include:

• Selling or possessing colored margarine unless it’s packaged and labeled or served in a triangular shape;
• Discarding produce without sufficient cause or making a false report concerning that produce; and
• Detaining a seaman’s clothing.

Additionally, the bill repeals a provision which restricts sledding on Capitol grounds in the winter. Historically, Congress temporarily lifts this restriction in annual appropriations measures. However, the End Endless Criminal Statutes Act permanently repeals that restriction, ensuring that children can sled down the slopes of Capitol Hill for years to come.

“According to former Harvard University professor Harvey Silverglate, it’s estimated that the average American commits three felonies a day without even knowing,” said Congressman Biggs.

“Dr. Silverglate clearly wasn’t referring to violent felonies, like murder, or even felonies like money laundering or fraud, but to silly and petty charges like dressing as a postal worker on Halloween  or writing a personal check for less than $1. Add to that, other frivolous crimes like sledding on the Capitol lawn, and it becomes clear that the federal government’s overcriminalization threatens our individual liberties and the fair administration of justice.

“An estimated 4,000 federal criminal offenses is dwarfed by an estimated 300,000 federal regulatory offenses, but no government agency can even provide an official count. We have a duty to protect Americans’ right to liberty, and this begins with scaling down the massive overreach in federal criminal offenses.”

The End Endless Criminal Statutes Act may be read here.

The Mens Rea Reform Act of 2024 may be read here.