Actus Reus

Question 1

Voluntary Act

Answer 1

Must be a physical act, a bodily movement no matter how slight as thoughts are insufficient.
- voluntary acts helped by thoughts are sufficient (inchoate offenses)

Question 2

Voluntariness

Answer 2

The requisite degree of control the defendant exerts over his actions.
- The result of effort or determination of the actor
-Unconscious conduct is insufficient
-Reflexes or convulsions are not voluntary acts (seizure)
-Conduct controlled by a third party is insufficient

Question 3

Legal Duty to Act

Answer 3

There is no criminal liability for failure to act unless there is a legal duty to act imposed by a statute, contract, certain relationships(husband wife, parent child, employer employee), voluntary assumption of care, creating the peril without ill will.

Question 4

Knowledge of Peril

Answer 4

The duty bound actor must have knowledge of the facts giving rise to their duty to act.

Question 5

Reasonably possible to perform

Answer 5

The actor must be reasonably capable of rendering or obtaining aid.

Question 6

Possession

Answer 6

Control of an item long enough to terminate possession.