Actus Reus

Question 1

Actus Reus Generally

Answer 1

The voluntary, prohibited act the prosecution must prove the defendant committed

Question 2

MPC 2.01 Actus Reus Requirement

Answer 2

1. A person is not guilty of an offense unless there is a voluntary act or the omission to perform an act which he is physically capable

Said omission must be sufficient by law defining the offense or a duty to perform the omitted act is imposed by law

Question 3

MPC Not voluntary acts

Answer 3

1. A reflex or convulsion
2. a bodily movement during unconsciousness or sleep
3. conduct during hypnosis or resulting from hypnotic suggestion
4. a bodily movement that is not a product of the effort or determination of the actor,
   either conscious or habitual

Question 4

MPC actus reus for possession

Answer 4

possession is an act 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.

Question 5

Voluntary Act Def

Answer 5

conduct which is performed consciously

Question 6

Defenses to a Voluntary Act

Answer 6

unconsciousness (may not be a defense if foreseeable)

Hypnosis (judicial reluctance to recognize)

Forceable transportation to a place where it is not legal to be

Question 7

Omission to Act generally

Answer 7

There is no general duty to act, certain instances creates a duty to act

Question 8

Omission to Act Analysis

Answer 8

Determine a legal duty
Determine capacity to perform the duty
Determine willful neglect or refusal to preform duty
Determine if harm was a direct consequence of the failure to perform duty

Question 9

Common Law duties to Act (also apply to the MPC)

Answer 9

1. A statute creates a duty to care for another
2. One has a status relationship that creates a duty (parent/child, teacher/student, Spouse/spouse)
3. One assumed a contractual duty to care for another
4. One has voluntarily assumed the care of another AND secluded the helpless person as to prevent others from rendering aid
5. One has a duty to care for another when they the one creates the peril

Question 10

TPC Injury to Elderly or Disabled Person

Answer 10

A person commits the offense if they INTENTIONALLY, KNOWINGLY, RECKLESSLY, OR with CRIMINAL NEGLIGENCE by act OR INTENTIONALLY, KNOWINGLY, OR RECKLESS by omission causes to a child, elderly or disabled individual serious bodily injury OR serious mental deficiency, impairment, or injury OR Bodily injury.

Omission is a conduct for this offense if the actor has a legal or statutory duty to act OR the actor has assumed care, custody, or control of a child elderly or disabled individual.