Fighting Overcriminalization in Federal Regulations
Honest Title:
Weakening Regulatory Crime Accountability?
Constitutional Risk:
8
Signed by: DONALD J. TRUMP
Signed: 5/9/2025
Last Updated: 6/15/2025
Executive Order
Summary
EO mandates agencies list criminal regulations, penalties, & mens rea. Disfavors strict liability & criminal enforcement without intent. Aims to increase transparency & reduce criminalization, focusing enforcement on knowing misconduct to ease burden. This order reflects concern over the vast scale of federal regulations carrying criminal penalties, particularly strict liability offenses. It aims to limit government power by requiring agencies to disclose and justify criminal regulatory provisions, emphasizing intent. The focus is on reducing the burden on individuals/businesses from unwittingly violating complex rules. This approach could be seen as weakening necessary enforcement against harmful behavior if not balanced.