Actus Reus (Guilty Act)
Actus reus is the physical component of a crime consisting of a voluntary act, an omission when there is a legal duty to act, or possession, which must concur with mens rea to establish criminal liability.
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Exam Tip
SCRVC for duties: Statute, Contract, Relationship, Voluntary assumption, Creation of peril. No general duty to rescue strangers!
What is Actus Reus?
Actus reus ("guilty act") is the physical element of crime - voluntary act, omission when duty exists, or knowing possession.
Components
| Component | Example |
|---|---|
| Voluntary Act | Pulling trigger, swinging fist |
| Omission | Parent not feeding child |
| Possession | Knowing control of contraband |
When Omission = Actus Reus
Duty to act required:
| Source of Duty | Example |
|---|---|
| Statute | File taxes, report abuse |
| Contract | Lifeguard, nurse |
| Relationship | Parent-child, spouse |
| Voluntary Assumption | Taking in relative |
| Creation of Peril | Duty to rescue after causing danger |
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