Also known as: actusreus · guilty act
Written by attorneys · grounded in primary & secondary sources — see below
The physical component of a crime consisting of a voluntary act or omission that produces the prohibited result. This element must be present for criminal liability and is distinct from any required mental state.
Abigail Alvarez and Arthur Abrams meet and agree to fabricate evidence for a false insurance claim. They reach a complete understanding on the plan but take no further steps. The agreement itself supplies the required physical component for the conspiracy charge.
Adrian Aguilar is arrested for public intoxication based solely on his long-term alcoholism. He is not charged with any specific conduct such as drinking in public on the day of arrest. The prosecution cannot establish the physical component because the charge rests only on his status.
Select any source to read its text and confirm it supports the definition.
Aisha Ahmed drinks heavily before driving and causes an accident. The state introduces evidence of her intoxication to show she lacked capacity for voluntary movement. The court examines whether her condition negates the physical component required for the offense.
Andre Antoine sells firearms without a required license. Prosecutors must prove he knew his conduct violated the law. The physical component of the offense is the unlicensed sale itself.
Austin Abbott sleeps on a public sidewalk because he has no shelter. The city charges him with violating an ordinance that prohibits sleeping in public. The charge fails because it punishes his condition rather than any voluntary act.
Avalon Pharmaceuticals employee Aisha Ahmed falls asleep at her desk after a double shift and flips a switch that releases chemicals. The release occurs while she is unconscious. The movement cannot serve as the physical component of any offense.
Possession qualifies when the defendant knowingly procured or received the item or maintained awareness of control long enough to terminate it. The statute treats such knowing possession as an act.
An omission satisfies the requirement only when the defendant had a legal duty to act and was physically capable of performing the omitted act. Failure to act without such a duty does not qualify.
A reflex or convulsion is excluded because it is not a voluntary act. Liability cannot rest on such an involuntary movement even if it produces harm.
Under the traditional common law definition the agreement itself supplies the physical component. No additional overt act is required.
…elements of a crime to be admissible, the decisions we have discussed show it to be incorrect. "The doctrines of actus reus, mens rea, insanity, mistake, justification, and duress have historically provided the tools for a constantly shifting adjustment of the tension between the evolving aims of the criminal…