Difference between revisions of "Actus Reus (Voluntary Act)"

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== Model Penal Code ==
 
== Model Penal Code ==
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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.
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(2) The following are not voluntary acts within the meaning of this Section:
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    (a) a reflex or convulsion;
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    (b) a bodily movement during unconsciousness or sleep;
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    (c) conduct during hypnosis or resulting from hypnotic suggestion;
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    (d) a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual.
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(3) Liability for the commission of an offense may not be based on an omission unaccompanied by action unless:
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    (a) the omission is expressly made sufficient by the law defining the offense; or
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    (b) a duty to perform the omitted act is otherwise imposed by law.
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(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.
  
 
== What Are Not Acts ==
 
== What Are Not Acts ==

Revision as of 11:00, 17 June 2010