Actus reus is the act—or the omission or failure to act when there is a duty to act—that comprises the physical elements of the commission of a crime. The actus reus generally must be voluntary bodily movements that constitute a crime.
In contrast, mens rea (meaning “guilty mind”) is the criminal intent element of a crime. It is the intent to commit a crime, or the knowledge that the action, or failure to act when there is a duty to act, will result in the commission of a crime.

In Georgia, as in other jurisdictions, the concept of actus reus requires that a defendant must have engaged in a voluntary act, or an omission when there is a legal duty to act, that constitutes the physical element of a crime. This means that for a person to be found guilty of a crime, it must be shown that they actually performed an action that is prohibited by law or failed to act when they were legally required to do so. For instance, striking another person may constitute the actus reus for battery, while failing to provide food to a child in one's care could be an actus reus if it results in harm to the child. On the other hand, mens rea refers to the mental state of the defendant at the time of the crime. Georgia law recognizes various forms of mens rea, such as intent, knowledge, recklessness, and negligence, depending on the crime. The prosecution typically must prove that the defendant had the requisite mens rea to commit the crime in question. For example, to convict someone of theft, the state must show that the defendant intentionally took property belonging to another with the intent to deprive them of it. Both actus reus and mens rea are fundamental components that must be established for a conviction in criminal cases in Georgia.