In Minnesota, the distinction between strict liability crimes and those requiring a mens rea has been recognized in both our case law and statutes; for example and relevant here, is Minn.Stat. § 609.02, subd. 9 (1998), providing definitions for chapter 609 offenses:
(1) When criminal intent is an element of a crime in this chapter, such intent is indicated by the term “intentionally,” the phrase “with intent to,” the phrase “with intent that,” or some form of the verbs “know” or “believe.”
(2) “Know” requires only that the actor believes that the specified fact exists.
(3) “Intentionally” means that the actor either has a purpose to do the thing or cause the result specified or believes that the act performed by the actor, if successful, will cause that result. In addition * * * the actor must have knowledge of those facts which are necessary to make the actor's conduct criminal and which are set forth after the word “intentionally.”
(4) “With intent to” or “with intent that” means that the actor either has a purpose to do the thing or cause the result specified or believes that the act, if successful, will cause that result.
Minn.Stat. § 609.02, subd. 9. While we have not yet ruled whether under this statute a chapter 609 offense must be interpreted as a strict liability crime where it contains no language indicating intent or knowledge, in several opinions we have ruled on whether mere “possession” in various contexts requires a mens rea. In State v. Siirila, we affirmed a conviction under Minn.Stat. § 618.02 (1969), which stated “it shall be unlawful for any person to * * * possess * * * any narcotic drug” where appellants had an unusable quantity of marijuana. 292 Minn. 1, 10, 193 N.W.2d 467, 473 (1971). We observed that the legislature had reduced the crime of possession of a small amount of marijuana from a felony to a gross misdemeanor, see id. at 7, 193 N.W.2d at 471, and concluded
the inference is permissible that, marijuana having been found in a jacket shown to belong to defendant and to have been worn by him, whatever was in the jacket was there with his knowledge. The element of knowledge need not be proved from direct testimony, but may be shown by circumstantial evidence.
Id. at 10, 193 N.W.2d at 473. Later, in State v. Florine, we held that the defendant was guilty under Minn.Stat. § 152.09, subd. 1(2) (1974), of the felony offense of unlawful possession of cocaine, but noted “to convict a defendant of unlawful possession of a controlled substance, the state must prove that defendant consciously possessed * * * the substance and that defendant*808 had actual knowledge of the nature of the substance.” 303 Minn. 103, 104, 226 N.W.2d 609, 610 (1975).
Again in State v. Strong, we held that Minn.Stat. § 243.55 (1978 & Supp.1979), which provided “[a]ny person who brings * * * into any state correctional facility * * * any firearms, weapons or explosives of any kind * * * shall be guilty of a felony” required the state to show that the defendant had knowledge of possession of the offensive item. 294 N.W.2d 319, 320 n. 1 (Minn.1980). Because this was not a chapter 609 offense, we specifically declined to address whether section 609.02 cited above dispensed with proof of a mens rea in a chapter 609 offense absent words of intent. See id. at 320. We did observe however, that “most commentators have argued that the legislature should never use strict liability for crimes carrying a sentence of imprisonment and the moral condemnation going with such crimes.” Id. (citing Wayne R. LaFave and Austin W. Scott, Jr., Criminal Law, § 31 at 218, 223 (1972)). We concluded:
We see no reason why the element of scienter should be dispensed with in this situation and we are not convinced that the legislature intended to do so, any more than it intended to dispense with the requirement of scienter when it enacted the penalties for felonious possession of controlled substances.
Id.
