A person commits an offense if the person _____ detains or assists in detaining a nonoffender in a secure detention facility or secure correctional facility in violation.

• A. Willfully
• B. Knowingly
• C. Intentionally
• D. Recklessly

Answer: (B)

The element focuses on the mental state of the actor regarding the illegality of the detention. The best fit is knowing, which means the person is aware that detaining a nonoffender in a secure facility is unlawful or that the person detained is not an offender. This level of awareness matches the conduct described in the statute: the offense rests on the offender’s knowledge that the detention is in violation.

Reason the other states don’t fit as well: acting with purpose or intent would require a deliberate objective to detain, not merely awareness that the detention is illegal. Recklessly means the person disregards a known risk, but it doesn’t require actual knowledge that the detention is unlawful or that the detainee is a nonoffender. Thus, knowingly best captures the required awareness in this offense.