What is the culpable mental state for the offense of failure to appear?

• A. Intentionally or knowingly
• B. Willful conduct
• C. Negligently
• D. Recklessly

Answer: (A)

The main idea being tested is the required mental state for a failure to appear. This offense hinges on a conscious, purposeful choice to ignore a court obligation. That means the defendant knew they were supposed to appear and intentionally chose not to, or acted with knowledge that a court appearance was required and still failed to show up. Forgetting or misunderstanding a date would be negligent or possibly reckless, not a deliberate act, so those states don’t fit as well. While “willful” conduct is related, the common statutory phrasing for this offense is intentionally or knowingly, which precisely captures a deliberate decision to avoid appearing.