Actus Reus (Voluntary Act)
'Actus Reus' refers to the requirement that the defendant have carried out a voluntary act. It is important to distinguish such acts from thoughts, words, states of possession, or status; involuntary acts; and omissions.
What Acts Are Not
- Acts do not include thoughts, words, possession or status.
- Thoughts alone can never be punished as crimes. Lawmakers are hesitant to impose controls on what people may think, and such laws would also present profound problems of proof and enforcement.
- Words usually cannot constitute acts. However, depending on the jurisdiction and the crime, an agreement to commit a crime may be enough to constitute conspiracy, and words of encouragement may constitute aiding and abetting a crime.
- Possession may sometimes be enough to constitute an act, such as in the case with the knowing possession of illegal narcotics.
- A defendant's status or condition cannot constitute an act. In the United States, the Supreme Court has held that a law making addiction a crime to be an unconstitutional cruel and unusual punishment.
Chapter 1, Criminal Law, Emanuel Law Outline, Aspen Publishers, 2000