in effect
Executive Order 14294, signed May 9, 2025, directs federal agencies to inventory and publicly disclose all regulations that carry criminal penalties, and establishes a policy preference for civil rather than criminal enforcement of regulatory violations. It also pushes agencies to require that prosecutors prove a person knowingly broke a rule (“mens rea”) before a criminal conviction can result, moving away from “strict liability” offenses where guilt requires no proof of intent.
Within 365 days, every federal agency must publish a list of all regulations it can criminally enforce, including the potential penalties and the intent standard required for each — and must update that list at least annually. Criminal enforcement of any regulation not appearing on that published list is “strongly discouraged,” and the Justice Department is directed to check the list before opening an investigation or prosecution. New proposed and final rules that carry criminal penalties must now explicitly state the intent requirement in their regulatory text. Agencies have 45 days to publish guidance explaining how they will decide when to refer a potential violation to the Justice Department, weighing factors such as the harm caused, the defendant’s awareness of the law, and any specialized knowledge they held. Strict liability criminal regulations — those requiring no proof of intent — are designated as “significant regulatory actions,” triggering additional White House review before they can be finalized. Immigration and national security laws are explicitly excluded from the order’s scope.
Individuals and small businesses who may have unknowingly violated an obscure federal regulation face a reduced risk of criminal prosecution under this order, particularly where they had no awareness the rule existed or that their conduct was unlawful. Federal agencies and the Justice Department must adjust their enforcement and referral practices to align with the new policy, and agency rulemakers must add explicit intent-standard disclosures to future rules with criminal consequences. Large corporations subject to complex regulatory regimes are similarly affected, though the order’s preamble notes that they already have greater resources to navigate such requirements.