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Actus Reus in Criminal Law

• Actus reus is the Latin term for the “guilty act,” which when combined with the mens rea, or “guilty mind,” produces criminal liability in common law-based criminal law jurisdictions.
• An actus reus requires proof of fault, culpability or blameworthiness both in thought and action.
• An act is a bodily movement whether voluntary or involuntary.
• Omission involves a failure to engage in a necessary bodily movement resulting in injury.
• A duty of care is owed when there is a statute that requires one to act.
• Possession has been criminalized but under common law does not constitute an act.
• Conduct must be engaged in voluntarily to constitute an actus reus.
• A spasm is not an act. The contraction of muscles must be willed.
• Reflex or convulsion is generally not criminally liable for injuries sustained by another person.
• Unconsciousness or sleep may not have committed an actus reus.
• Hypnosis and hypnotic suggestion are negating volition and consequently actus reus.
• The purposeful, reckless, or negligent absence of an action is considered a voluntary action and fulfills the voluntary requirement of actus reus.