Actus Reus

Question 1

Actus Reus

Answer 1

The Guilty Act

Question 2

Types of Actus Reus

Answer 2

(1) Past Physical Act
(2) Omission
(3) Possession

Question 3

Elements of Actus Reus

Answer 3

(1) An overt act
(2) Some degree of volition, willfulness, and mindfulness [unlawful intent]
(3) Resulting Harm

Question 4

Exceptions to Actus Reus Liability

Answer 4

(1) Unconscious or Involuntary acts
(2) Thoughts [alone]
(3) Status

Question 5

Omission

Answer 5

Failure to act

Question 6

Omission Liability

Answer 6

(1) D is under a statutory obligation;
(2) D is sufficiently close to the victim (relationship);
(3) D had a contractual duty to provide care;
(4) D voluntarily took care of the victim; or
(5) D created a dangerous situation and risk of harm to others

Question 7

Types of Possession

Answer 7

(1) Physical Possession

(2) Constructive Possession

Question 8

Constructive Possession

Answer 8

Where D lacks physical possession but has both

(1) the power; and
(2) the intent to exercise control over the item in question

Question 9

Possession by Proximity

Answer 9

Proximity alone is not enough to establish possession

Question 10

Possession and Guests

Answer 10

Guests retain dominion/control over their own property when they visit another person’s home

Question 11

Viewing v. Possession

Answer 11

Without actual knowledge of an item, D cannot have the intent to exercise control over it, and therefore there is no possession