Criminal Law: Essential Elements of a Crime: Act

Act = Any bodily movement
  • Bodily movements which do not qualify as acts
    • Conduct not the product of one's own volition
    • Reflexive or convulsive acts
    • Acts while unconscious or asleep
  • One has a legal duty to act when (1) there is a duty to act; (2) the person knows of the duty; and (3) the duty is reasonably possible to perform.
  • Omissions giving rise to a legal duty to act:
    • By Contract
    • By Conduct
    • Relationship between the parties
    • Voluntarily assuming a duty of care
    • One's conduct creates the peril