United States v. Clemons

Summary

The South Carolina Supreme Court answered two certified questions from the Fourth Circuit, holding that a defendant may be convicted of both Assault and Battery in the Second Degree and Criminal Domestic Violence of a High and Aggravated Nature with a mens rea of recklessness as defined by the Model Penal Code. The Court based its answer on legislative intent analysis and the permissibility of recklessness for certain statutory elements.