The easy answer is that all crimes require some level of intent or willfulness, and some require more specific intent - conveniently called "specific intent" crimes. The potential sections of the US Code that Biden and Trump face are several, each with its own set of elements that must be proven - too many to list here. Here's a link to a terrific model prosecution memo that discuss your question fully, and more:

https://www.justsecurity.org/wp-content/uploads/2022/11/just-security-mar-a-lago-model-prosecution-memorandum-november-2022.pdf. Thanks for reading and commenting. Take care.