Criminal Law. The guilty act.
The term “actus reus” refers to the wrongful act or omission to act which renders the defendant criminally liable if combined with mens rea (a guilty mind). In order to be criminal, the act must be voluntary. Thus, acts which are reflexive, convulsive, performed while unconscious, or otherwise involuntary, are insufficient, as are mere bad thoughts unaccompanied by action.
“The Latin phrase ‘actus reus’ refers to the wrongful deed that comprises the physical components of a crime and that generally must be coupled with the mens rea [the criminal state of mind], to establish criminal liability.” Hampton v. State, 961 N.E.2d 480 (2012).
“Most crimes require a certain actus reus and mens rea. Actus reus refers to the physical components of a crime, which include the voluntary act or omission and the attendant circumstances of a crime. Mens rea refers to the state of mind a defendant must have had when committing that crime. The mens rea of a crime may require either general or specific intent. To be convicted of a specific intent crime, the defendant must have acted with the intent to cause a specific result rather than simply the intent to perform the act. A defendant’s intent can be inferred from conduct and attendant circumstances in the light of human behavior and experience. Obstruction of justice is a crime of specific intent.” State v. Paule, 554 P.3d 844 (2024).