Actus Reus
Defendant must have committed an actus reus, a voluntary act, to have committed a crime.
- Thoughts are not punishable as crimes.
The act must be voluntary
- Reflex or convulsion is not a criminal act
- Unconscious act does not qualify as criminal
- Acts performed under hypnosis do not qualify as criminal, usually.
- An earlier voluntary act may prevent the use of “involuntary” defense.
An omission to act usually has no criminal liability. Exceptions:
- Legal Duty:
- Special relationship, usually blood
- Contract
- Cause of danger
- Undertakes to give assistance
Mens Rea
Most crimes require a mens rea, a culpable state of mind.
- Crimes that do not require a mens rea are strict liability crimes.
Classification of mens rea requirements of crimes:
- General Intent
- defendant desired to commit act which served as actus reus
- Ex. Battery – actus reus is a physical injury to or offensive touching of another.
- Specific Intent
- defendant desired to bring about actus reus AND to do something further
- Ex. Burglary – intent to break and enter the dwelling of another AND to commit a felony once inside
- Recklessness or Negligence
- not necessarily a state of mind
Many modern codes have abandoned the classification and simply implemented precise mental states for each element of each crime.