Also known as: concurrence of act and intent · union of actus reus and mens rea · concurrence · simultaneity
Written by attorneys · grounded in primary & secondary sources — see below
The requirement that a prohibited act and the culpable mental state must concur to establish criminal liability. Wrongful intent must accompany the possession or control element. A person who commits the act through misfortune or accident without evil design or culpable negligence has not committed the crime.
Ursula Ureña, a convicted felon, picks up a firearm left in her car by a friend without realizing it is there. Police later discover the weapon during a traffic stop. Because Ursula lacked any intent to possess the gun, the required union of act and intent is missing and she cannot be convicted under the felon-in-possession statute.
Usman Uddin learns that a pistol is hidden in his garage yet decides to keep it for protection. When officers execute a search warrant they find the weapon. The concurrence of Usman’s continued possession and his conscious decision to retain the firearm satisfies the union of act and intent, supporting conviction.
Umeko Uchida stores a handgun in a locked drawer of her desk at work. She regularly accesses the drawer and knows the weapon is there. The prosecution can prove both the act of control and the mental state of awareness, establishing the necessary joint operation of act and intent for a felon-in-possession charge.
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Una Ueda briefly touches a firearm while cleaning a relative’s home and immediately sets it down. She has no plan to keep or use the weapon. Because the momentary contact lacks accompanying intent to possess, the union of act and intent is absent and no crime is committed.
Uri Underwood and his roommate both know a prohibited firearm is kept in their shared apartment. Each has a key and both have used the weapon for target practice. The evidence shows concurrent acts of possession and a common mental state, satisfying the joint operation of act and intent for each defendant.
Uma Underwood receives a package containing a handgun that was mistakenly delivered to her address. After opening it she realizes the contents yet keeps the weapon for several days. The initial innocent receipt becomes criminal once the act of retention concurs with awareness of possession, completing the required union of act and intent.
The prosecution must show beyond a reasonable doubt both that the defendant possessed the firearm and that the possession was intentional. General intent to commit the proscribed act of possession is sufficient. No specific criminal intent is required.
No. A person who acquires a firearm through misfortune or accident without evil design, intention, or culpable negligence has not committed the crime. The mental state of intent must accompany the act of possession.
Yes, provided the possession is intentional. Whether actual or constructive, the possession must be accompanied by the requisite wrongful intent regarding the possession and custody elements.
…unqualified and must be considered against important state interests in regulation. I write separately, however, to express my concurrence in the Court's opinion in Doe v. Bolton , 410 U.S. 179 (1973), and my dissent in Roe v. Wade , 410 U.S. 113 (1973). Concurring — Douglas, J. While I join the opinion of the Court, I…