'KNOWLEDGE' IS A MENS REA REQUIREMENT OF CERTAIN OFFENSES, SUCH AS RECEIVING STOLEN PROPERTY KNOWING IT TO BE STOLEN AND KNOWINGLY OBTAINING THE PROPERTY OF ANOTHER UNDER FALSE PRETENSES. THE COMMON LAW CONCEPT OF 'KNOWLEDGE' OR SCIENTER INCLUDES BOTH GUILTY BELIEF THAT SOMETHING IS TRUE AND GUILTY AVOIDANCE OF THE KNOWLEDGE THAT THE ELEMENTS OF A CRIME ARE PRESENT IN ONE'S DEED. HOWEVER, THE MODEL PENAL CODE DOES NOT PROVIDE FOR THE CULPABILITY OF GUILTY AVOIDANCE OF KNOWLEDGE, APPARENTLY UNDER THE ASSUMPTION OF THE DRAFTERS THAT THERE NEVER COULD BE DIRECT EVIDENCE OF WILLFUL AVOIDANCE OF THE TRUTH. THIS ASSUMPTION IS UNWARRANTED. THERE ARE NUMEROUS SOURCES OF EVIDENCE THAT A PERSON WILFULLY AVOIDED GAINING KNOWLEDGE IN A PARTICULAR CIRCUMSTANCE. A WITNESS MAY HAVE HEARD A DEFENDANT ANNOUNCE AN INTENTION TO AVOID GAINING THE KNOWLEDGE WHICH WOULD REVEAL ASSOCIATION WITH A CRIME. ALSO, CIRCUMSTANCES MAY BE PRESENTED TO SHOW THAT ANY NORMAL PERSON, IN THE SITUATION DESCRIBED, WOULD HAVE SOUGHT FURTHER KNOWLEDGE TO AVOID THE POSSIBILITY OF CRIMINAL INVOLVEMENT. THE MODEL PENAL CODE SHOULD BE AMENDED TO INCLUDE A STATEMENT THAT WHENEVER KNOWLEDGE OF THE EXISTENCE OF A PARTICULAR FACT IS AN ELEMENT OF AN OFFENSE, SUCH KNOWLEDGE IS ESTABLISHED IF A PERSON BELIEVES THAT IT PROBABLY EXISTS. ONE IS DEEMED TO HAVE KNOWLEDGE OF WHAT HE WOULD HAVE KNOWN IF HE HAD NOT DELIBERATELY AVOIDED KNOWING; DELIBERATE AVOIDANCE OF KNOWLEDGE MAY BE ESTABLISHED BY DIRECT PROOF, OR BY PROOF THAT A PERSON IS AWARE OF A HIGH PROBABILITY OF THE EXISTENCE OF THE FACT UNLESS HE ACTUALLY BELIEVES IT DOES NOT EXIST. FOOTNOTES ARE PROVIDED. (RCB)