United States v. Behrman, 258 U.S. 280 (1922), was a United States Supreme Court case in which the Court held that a violation of the Harrison Narcotics Act did not require a mens rea element and was thus a strict liability crime.^[1]

The defendant was a licensed physician that wrote prescriptions to Willie King for 150 grains of heroin, 360 grains of morphine, and 210 grains of cocaine as part of a maintenance treatment. The defendant was indicted under the Harrison Act, but the district court dismissed the indictment.^[2]

The Supreme Court held that the facts were sufficient to support an indictment. The court held that the violation of the Harrison Act was a statutory offense, and because Congress had not written in a mental state element as part of the offense that the Court should not do so.^[3]

Justice Holmes, joined by Justices Brandeis and McReynolds, dissented, saying that if the doctor had given the prescriptions in good faith and with reasonable care that he should have a defense.^[4]

• List of United States Supreme Court cases, volume 258