(a) The minimal requirement for criminal liability is the performance by a person of conduct that includes a voluntary act or the omission to perform an act that the person is capable of performing.
(b) A person is not guilty of an offense unless the person acts with a culpable mental state, except that no culpable mental state must be proved
(1) if the description of the offense does not specify a culpable mental state and the offense is
(A) a violation; or
(B) designated as one of “strict liability”; or
(2) if a legislative intent to dispense with the culpable mental state requirement is present.