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Crime prevention, criminal justice, local policing, and organized crime; excludes military operations or border enforcement.

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May 9, 2025 · executive orderFighting Overcriminalization in Federal Regulations

Executive Order EO 14294

Fighting Overcriminalization in Federal Regulations

SignedDonald Trump · May 9, 2025

Directs federal agencies to disclose criminal penalties in regulations and discourage prosecutions for violations people didn't know existed.

Does not change any laws or create new legal authority; agencies must still follow existing statutes. Exempts immigration enforcement and national security regulations entirely.

What it does (13)

Policy
- Prioritizes prosecutions of defendants who knew their conduct violated the law
- Disfavors strict liability crimes; favors civil or administrative penalties instead
- Requires agencies to specify what mental state applies to each criminal regulatory offense
Report on Criminal Regulatory Offenses
- Agencies must compile and publish a complete list of all criminal regulatory offenses within 365 days
- Criminal enforcement of offenses not listed is strongly discouraged
- Prosecutors must consider whether an offense appears on the public report before pursuing charges
Promoting Regulatory Transparency
- New regulations with criminal penalties must identify themselves as criminal and state the mental state required
- Strict liability criminal offenses must undergo extra review as significant regulatory actions
Default Mens Rea for Criminal Regulatory Offenses
- Agencies must assess whether default mental state standards can be adopted for their criminal regulatory offenses
- Agencies must report proposed changes to mental state standards and justify any deviations from defaults
Agency Referrals for Potential Criminal Enforcement
- Agencies must weigh harm and pecuniary gain when deciding whether to refer violations for prosecution
- Prosecutors should consider whether the defendant had specialized knowledge or awareness of the illegal conduct
Effect on Immigration Enforcement and National Security Functions
- Order does not apply to immigration enforcement or national security regulations

Read it on the Federal Register