Jason Jones, a 19-year-old U.S. Naval Academy midshipman, killed John and Carole Hall when he collided with the rear of their car, which was on the shoulder of the road. Mr. Jones was driving 80 to 105 mph and talking on a cell phone when he struck the Halls’ car. He was prosecuted for manslaughter and negligent driving. Negligent driving is a misdemeanor and carries a $500 fine. Manslaughter requires proof that the defendant knew the conduct was likely to cause death or severe bodily harm.

Testimony by experts for the prosecution indicated that cell phone use while driving is an enormous distraction. The increased accident rate during cell phone use while driving is placed at between 34% and 300% by various experts.

It is not illegal in Maryland to use a cell phone while driving. Can someone be convicted for crimes related to conduct that is not illegal? Was mens rea present here?