In Sale, Distribution, or Display of Harmful Material to Minor, what mental state is required when displaying to a minor?

• A. Reckless about whether a minor is present
• B. Knowing a minor is present
• C. Intent to offend
• D. Negligence

Answer: (A)

The mental state tested is recklessness about whether a minor is present when displaying harmful material. Recklessness means the actor is aware of a substantial risk that a minor will be present or exposed to the display and consciously disregards that risk by going ahead anyway. You don’t need to intend to offend or even know that a minor is there; you simply must act with a conscious disregard for the possibility that minors could be in the vicinity.

This differs from knowing a minor is present, which would be a stricter standard, and from intent to offend, which is not required here. It’s also higher than mere negligence, which would be failing to appreciate a risk rather than consciously disregarding it. The law aims to deter exposure of minors to harmful material by holding displays conducted with reckless disregard to a minor’s presence.