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 == |