1. Short title; table of contents (a) Short title This Act may be cited as the Mens Rea Reform Act of 2018 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—State of mind Sec. 101. State of mind element for criminal offenses. Sec. 102. Inventory of Federal criminal offenses. TITLE II—National Criminal Justice Commission Act Sec. 201. Findings. Sec. 202. Establishment of commission. Sec. 203. Purpose of the commission. Sec. 204. Review, recommendations, and report. Sec. 205. Membership. Sec. 206. Administration. Sec. 207. Sunset. I State of mind 101. State of mind element for criminal offenses (a) In general Chapter 1 of title 18, United States Code, is amended by adding at the end the following: 28. State of mind when not otherwise specifically provided (a) Definitions In this section— (1) the term covered offense — (A) means an offense— (i) specified in— (I) this title or any other Act of Congress; (II) any regulation; or (III) any law (including regulations) of any State or foreign government incorporated by reference into this title or any other Act of Congress; and (ii) that is punishable by imprisonment, a maximum criminal fine of at least $2,500, or both; and (B) does not include— (i) any offense set forth in chapter 47 or chapter 47A of title 10; or (ii) any offense incorporated by section 13(a) of this title; (2) the term existing covered offense without a state of mind requirement means a covered offense for which— (A) the provision or provisions specifying the elements of the offense were enacted, promulgated, or finalized on or before the date of enactment of this section; and (B) there is not a state of mind requirement specified for 1 or more elements of the covered offense, which shall be determined in accordance with subsection (d)— (i) in the text of the covered offense; or (ii) under the precedents of the Supreme Court of the United States