Actus Reus

Actus reus is the Latin term used to describe a criminal act that is committed by any person. The crime itself may have been intentional or accidental, but the term is most often used to refer to the physical action of a crime when it is done knowingly or with a guilty mind (mens rea). Every crime has to be considered in two parts - the physical act of doing the crime (actus reus) and the mental intent to do the crime (mens rea). To establish actus reus, all that must be done is to prove that the accused party was in fact responsible for a deed that is prohibited by criminal law.

The most common definition of actus reus is a criminal act that was the result of a "bodily movement whether voluntary or involuntary". This describes a physical activity that harms another person or damages property. Anything from a physical assault or murder to the destruction of public property would qualify as an actus reus.

Another type of actus reus is known as omission, which describes an act of criminal negligence. This is the opposite side of the spectrum, and it involves not taking an action that would have prevented an injury to another person. An omission could be failing to warn others when you are responsible for creating a dangerous situation such as starting a fire, not feeding an infant who has been left in your care or not completing a work related task properly such as a mechanic neglecting to tighten the bolts on a tire, and therefore being responsible for an accident. In all of these cases, the fact that the perpetrator of the crime did not participate in a necessary activity caused harm to others.

The only time an deed that would otherwise be considered a crime is not viewed as actus reus is when that actions are involuntary. Examples of this include an act that occurs as a result of a spasm or convulsion, any movement that is made while a person is asleep or unconscious or activities participated in while an individual is under a hypnotic trance. In these scenarios a criminal deed may be done, but it is not intentional and the responsible person will not even know about it until after the fact.

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