http://law.jrank.org/pages/1585/Mens-Rea-Modern-culpability-levels.htmlFour levels of culpability: purposely, knowingly, recklessly, and negligently (from highest to lowest).
Under the Code, the highest level of culpability is "purpose." A person acts "purposely" with respect to a result if her conscious object is to cause such a result. While the criminal law generally treats a person's motive as irrelevant, the requirement of "purpose" is essentially a requirement that the person have a particular motive for acting, albeit a narrowly defined motive. The requirement does not make motive generally relevant, but only asks whether one specific motive was present, such as the purpose to gain sexual satisfaction required by the offense of indecent exposure. Thus, "flashing" another in order to surprise or annoy would not satisfy the required purpose and would not support liability for the offense.
In contrast to "purpose," which requires the person's conscious object to cause the result, a person acts only "knowingly" if she does not hope for the result but is practically certain that her conduct will cause it. The antiwar activist who sets a bomb to destroy draft board offices may be practically certain that the bomb will kill the night watchman yet may wish that the watchman would go on coffee break and not be killed. The essence of the narrow distinction between purpose and knowledge is the presence of a positive desire to cause the result as opposed to knowledge of its near certainty. In the broader sense, the distinction divides the vague notion of maliciousness or viciousness from the slightly less objectionable callousness.
In contrast to "knowingly," a person acts "recklessly" if she is aware only of a substantial risk of causing the result. The narrow distinction between knowledge and recklessness lies in the degree of risk—"practically certain" versus "substantial risk"—of which the person is aware. The distinction marks the dividing line between what we tend to scold as careless (recklessness and negligence) and what we condemn as intentional (purposely and knowingly). In a very rough sense, the distinction between purpose and knowing, on the one hand, and reckless and negligent, on the other, also appropriates the common law distinction between specific intent and general intent.
In contrast to acting "recklessly," which requires a person consciously to disregard a substantial risk, a person acts only "negligently" if she is unaware of a substantial risk of which she should have been aware. If it never occurs to a person that her conduct creates a prohibited risk, such as causing death, she can at most be held negligent in causing the death. Nor can negligent culpability be elevated to recklessness if the person is only cognizant of a risk of causing lesser injury. Absent a special rule, causing death while being aware of a risk of injury, but not death, will result in liability for negligent homicide, but not reckless homicide.
Given your original hypothetical scenario, where do you think Assange would be?