In State v. Ferguson, 302 S.C. 269, 395 S.E.2d 182 (1990), the Court considered whether a trial court erred in charging the jury regarding the mental state necessary to be proved for conviction of certain crimes. The Ferguson court noted that the required mental state to be proven by the State on a certain offense may include purpose or knowledge. Ferguson, 302 S.C. at 271, 395 S.E.2d at 183. The court then noted the legislature could make an act or omission a crime "regardless of fault," or could make a particular crime a strict liability crime. Ferguson, 302 S.C. at 271-72, 395 S.E.2d at 183. Reviewing the trial court's jury instructions regarding the mental element of distribution of cocaine and the legislative intent behind section 44-53-370, the court held distribution was not a strict liability crime and the State was required to prove the defendant was at least criminally negligent. Ferguson, 302 S.C. at 272-73, 395 S.E.2d at 184.