Criminal Law and Constitutional Protections of Accused Persons

A voluntary act, meaning a willed bodily movement. Reflexes, convulsions, and movements during unconsciousness or sleep are not voluntary acts (MPC §2.01 also lists conduct under hypnosis).

Only when the defendant had a legal duty to act, knew the facts giving rise to the duty, and was reasonably able to act. There is no general duty to rescue a stranger.

Statute; contract (e.g., lifeguard, nurse); special status relationship (parent to child, spouse to spouse); voluntary assumption of care that isolates the victim from other help; and creation of the peril by the defendant.

Possession is an act if the possessor knowingly procured or received the thing or was aware of control over it for a period long enough to have terminated possession (MPC §2.01(4)).

A specific-intent crime requires intent to do some further act or achieve a result beyond the actus reus (e.g., larceny's intent to permanently deprive); a general-intent crime requires only intent to perform the prohibited act.

Intent is the mental state required as to the conduct or result; motive is the reason the defendant acted. Motive is not an element, so a good motive does not excuse and a bad motive is not required, though motive may be relevant evidence or matter at sentencing.