Yes. In US law this is called Absolute Liability. Formally, absolute liability means that a conviction does not hinge on the presence of mens rea.
You're likely familiar with this concept in the context of speeding tickets. All that needs to be proven is that you were, in fact, speeding. It doesn't matter if you could not have been aware of your violation due to, say, a speed-limit sign that was blown away by a storm. If you were provably doing 55 in a 45 zone, you have no recourse.
The argument for absolute liability with speeding violations is purely practical, I believe. The reasoning is that it's not a crime, per se, so the trade-off of individual protection vs expediency of trials is deemed worthwhile. Clearly, the same is not true of child pornography convictions.
> Yes. In US law this is called Absolute Liability. Formally, absolute liability means that a conviction does not hinge on the presence of mens rea.
Actually, that's "strict liability".
> All that needs to be proven is that you were, in fact, speeding. It doesn't matter if you could not have been aware of your violation due to, say, a speed-limit sign that was blown away by a storm.
That probably does matter, since exceeding the speed limit properly posted is usually the actus reus of speeding, so even to the extent it is a strict liability offense, the absence of proper signage for any reason (except when the speed limit is either the states maximum highway speed limit or a default limit for some other condition which does not require signage, in which case notice is provided by the law setting the default for the conditions, and the sign is a reminder) makes it so that no offense occurred. [0]
[0] Also, given that states do generally have default speed limits that apply in the absence of signage, one could easily argue that the absence of signage is itself a positive indication that the default speed limit applies, making available a U.S. v. Kantor-style "good faith" defense even under strict-liability principles. [1]
> What's the difference between strict liability and absolute liability
Not a lot, AFAICT; the main differences seem to be:
(1) "strict liability" is the term used in US (and, AFAIK, UK) law (though the latter seems to refer to a criminal offense to which strict liability applies as an "absolute offense"), both criminal and tort, and
(2) "strict liability" can be either an attribute of an offense as a whole or an attribute of an element of (the actus reus of) an offense (that is, there can be a required mens rea for some element of an offense, but if there is an element which does not require any mens rea, the element can be said to have strict liability.) From what I've seen, "absolute liability" is universally a trait of offenses-as-a-whole (though that may be because I've seen less about it, and am less familiar with the systems in which the term applies.)
You're likely familiar with this concept in the context of speeding tickets. All that needs to be proven is that you were, in fact, speeding. It doesn't matter if you could not have been aware of your violation due to, say, a speed-limit sign that was blown away by a storm. If you were provably doing 55 in a 45 zone, you have no recourse.
The argument for absolute liability with speeding violations is purely practical, I believe. The reasoning is that it's not a crime, per se, so the trade-off of individual protection vs expediency of trials is deemed worthwhile. Clearly, the same is not true of child pornography convictions.