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Criminal charges

actus reus and mens rea

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 North Carolina, 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 a physical element of a crime. This means that involuntary actions, such as reflexive or convulsive acts, or actions conducted while unconscious, are generally not considered actus reus. On the other hand, mens rea refers to the mental state of the defendant at the time of the crime. North Carolina law recognizes various levels of mens rea, ranging from intentional and knowing to reckless and negligent conduct, depending on the specific crime. For a conviction, the prosecution typically must prove both the actus reus and the appropriate level of mens rea to establish that a defendant is criminally liable for the offense charged.

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Criminal charges

actus reus and mens rea

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Criminal charges

actus reus and mens rea