## Facts

- A defendant who carved bird-related items was prosecuted under the Migratory Bird Treaty Act (MBTA), 16 U.S.C. §§ 703–711, for selling parts of migratory birds.
- The government charged the defendant under the MBTA’s felony provision, which, as applied, did not require proof of criminal intent.
- The defendant was convicted in federal district court.
- The defendant appealed, arguing the felony provision was unconstitutional because it imposed severe criminal punishment without a mens rea requirement.

## Issues

1. Whether the MBTA felony provision, as applied as a strict-liability offense, violates due process by authorizing serious criminal penalties without proof of a culpable mental state.
2. Whether imposing a felony conviction without requiring knowledge that the birds were protected or that the conduct was unlawful fails to provide constitutionally adequate fair notice.

## Decision

- The Sixth Circuit reversed the felony conviction.
- The court held the MBTA felony provision was unconstitutional as applied where it imposed felony sanctions without requiring proof of mens rea.
- The court distinguished lesser “public welfare” misdemeanor offenses, for which strict liability may be tolerated, from felony offenses carrying imprisonment and substantial stigma.

## Legal Principles

- Courts generally presume Congress intends some mens rea for felony offenses unless Congress clearly indicates otherwise.
- Strict liability may be permissible for minor regulatory offenses with comparatively light penalties, but due process concerns increase as penalties become more severe.
- Imposing felony punishment and potential imprisonment without proof of a culpable mental state can violate due process and fair-notice requirements.
- When a statute is silent or unclear on mens rea for a serious offense, constitutional avoidance principles weigh against construing it to impose felony strict liability.

## Conclusion

The Sixth Circuit invalidated the defendant’s felony conviction under the MBTA because due process does not permit felony-level punishment for selling protected migratory bird parts absent proof of a culpable mental state.


United States v. Wulff, 758 F.2d 1121 (6th Cir. 1985)