8/10/2019 Actus Reus Flowchart

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ACTUS REUS

Voluntary Act

1.

Did actor commit an affirmative act?

a. NO: go to OMISSION

b.

YES: is act relevant to offense charged?

i.

NO: act requirement not satisfied (back to step 1 with other acts committed)

ii. YES: is the act voluntary?

1.

NO: act requirement not satisfied (back to step 1)

2. YES: is all of the actors relevant conduct voluntary?

a. YES: satisfies act requirement. Go to OMISSION

b. NO: does jurisdiction require all relevant conduct be voluntary?

i.

YES: actor may still satisfy act requirement by omission. Go to OMISSION

ii. NO: does jurisdiction require only most important act (for charged offense) be

voluntary?

1.

NO: go to b below

2. YES: is actors voluntary act the most important act?

a. YES: act requirement satisfied. Go to OMISSION

b. NO: does jurisdiction require actors conduct include merely a

single voluntary act?

i. YES: act requirement satisfied. Go to OMISSION

ii.

NO: go to OMISSION.Omission

1. Did actor have duty to act?

a.

Status relationship

b.

Contractual obligation

c. Statutory duty

d. Voluntary assumption of care & Seclusion

e.

Creation of peril

f. YES to ae: actor has duty to act. Go to 2

g. NO: did actor create peril?

i.

NO: no duty to act, no omission liability

ii. YES: maybe duty to act depending on jurisdiction and whether act was:

1.

Criminal: duty

2.

Innocent: split courts

3. Justified: split courts

4. Involuntary: probably no duty

2.

If actor had duty to act, did actor fail to act when able to act?

a.

NO: did not violate duty to act; no omission liability

b. YES: does actors violation of duty satisfy act requirement of offense charged?

i.

NO: no omission liability

ii.

YES: eligible for omission liability