Actus Reus: The Requirement of an Act

  • Crime = voluntary act + mens rea + result
  • Act: physical activity or omission of ∆.
    • MPC 2.01(1): conduct must include voluntary act.
  • Must first show duty to provide before finding guilt for failing to provide.
Jones v. United States
  • Malnourished baby dies, other child in a sad state.
  • Custodian charged with involuntary manslaughter.
  • Convicted, but reversed + remanded because need to show duty of care.
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