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 Ohio, 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. Ohio law recognizes various levels of mens rea, including purposeful, knowing, reckless, and negligent states of mind, depending on the specific offense. For a conviction, the prosecution typically must prove both actus reus and the appropriate level of mens rea to establish criminal liability, unless the offense is a strict liability crime where mens rea is not required.
