Difference between revisions of "Actus Reus (Voluntary Act)"
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− | + | 1. A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable. | |
− | + | 2. The following are not voluntary acts within the meaning of this Section: | |
− | + | *(a) a reflex or convulsion; | |
+ | *(b) a bodily movement during unconsciousness or sleep; | ||
+ | *(c) conduct during hypnosis or resulting from hypnotic suggestion; | ||
+ | *(d) a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual. | ||
− | + | 3. Liability for the commission of an offense may not be based on an omission unaccompanied by action unless: | |
+ | *(a) the omission is expressly made sufficient by the law defining the offense; or | ||
+ | *(b) a duty to perform the omitted act is otherwise imposed by law. | ||
− | + | 4. Possession is an act, within the meaning of this Section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession. | |
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== What Are Not Acts == | == What Are Not Acts == |