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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 New Mexico, 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 elements of a crime. This means that involuntary actions, such as reflexive or convulsive acts, or actions performed 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. New Mexico law recognizes various levels of mens rea, including intentional, knowing, reckless, and negligent states of mind, depending on the specific crime. The presence of mens rea means that the defendant had the intent to commit the crime or was aware that their actions could lead to a criminal outcome. Both actus reus and mens rea must be established for a defendant to be found guilty of most crimes, although there are strict liability offenses that do not require proof of mens rea.

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Criminal charges

actus reus and mens rea

Individual & Family Legal Plan

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Criminal charges

actus reus and mens rea

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