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