In New York State, criminal liability and mental culpability are defined in the following manner in S 15.10:
“Requirements for criminal liability in general and for offenses of strict liability and mental culpability. The minimal requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is physically capable of performing. If such conduct is all that is required for commission of a particular offense, or if an offense or some material element thereof does not require a culpable mental state on the part of the actor, such offense is one of ‘strict liability.’ If a culpable mental state on the part of the actor is required with respect to every material element of an offense, such offense is one of ‘mental culpability.’”
If someone is criminally liable and the case against him or her is proven, then they are sentenced accordingly. The degree of culpability will be one of the factors that will determine their sentence as will the severity of the crime and past criminal record of the defendant.