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 Pennsylvania, as in other jurisdictions, the concept of actus reus requires that a defendant has 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 the individual's actions or inactions must be deliberate and lead to the commission of a crime as defined by Pennsylvania law. For a conviction, these actions must be coupled with mens rea, which refers to the mental state of the defendant at the time of the crime. Mens rea involves the intention to commit the crime or the knowledge that one's conduct is likely to lead to the commission of a crime. Pennsylvania statutes and case law require both actus reus and mens rea to be established for most criminal offenses, ensuring that both the physical act and the individual's intent are considered in determining criminal liability.