Essential Elements of Crime: THE ACT REQUIREMENT

Question 1

PHYSICAL ACTS

Answer 1

• all bodily movements are physical acts that can be the basis for criminal liability provided they are voluntary
• involuntary movements are not criminal acts
• involuntary movements include: being pushed, sleep walking, unconscious conduct, reflex, convulsion

Question 2

OMISSIONS: A failure to act can be the basis for criminal liability provided 3 requirements are satisfied. What are they?

Answer 2

1- Legal Duty to Act
2- Knowledge of the facts giving rise to the duty
3- Ability to act

Question 3

5 Ways a Legal Duty to Act Arises

Answer 3

1- by statute
2- contract (express or implied) [ex- babysitter, doctor, lifeguard]
3- status relationship between D and victim [ex- parent/child, spouse/spouse]
4- voluntary assumption of care
5- creation of the peril