Actus reus

Question 1

Physical act requirement

Answer 1

There is no such thing as a “thought crime.”

A crime requires some physical act in the world. The act can be speech.

Question 2

Voluntary act requirement

Answer 2

The criminal act must be a voluntary, affirmative act causing a criminally proscribed result.

Actions that are reflexive or convulsive are not considered voluntary.

Question 3

Failure to act

Answer 3

Failure to act can suffice as actus reus if:

(1) There was a failure to comply with a statutory duty—e.g., failure to file a tax return or to register for the selective service;
(2) There was a special relationship between the defendant and the victim—e.g., parents and their children;
(3) The defendant voluntarily assumed a duty of care that is cast aside—e.g., starting and abandoning a rescue;
(4) The defendant causes a danger or peril and fails to mitigate harm to the victim caused by the peril.

Question 4

Voluntary act requirement: resulting involuntary condition

Answer 4

When an actor knows that a certain pattern of conduct is likely to result in an otherwise involuntary condition,

and voluntarily pursues such conduct despite such knowledge,

she can be held criminally responsible for the resulting involuntary acts.

Question 5

Mens rea

Answer 5

In order to be guilty of a crime that requires the existence of a specific mental state, the defendant’s actus reus and mens rea must occur at the same time.