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 Virginia, 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 for a person to be found guilty of a crime, there must be evidence of their actual conduct that breached the law. This conduct could be an affirmative action or a prohibited inaction in situations where the individual has a legal obligation to act. On the other hand, mens rea refers to the mental state of the defendant at the time of the crime. Virginia 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 individual must have had a certain level of awareness or intent regarding the criminal nature of their actions for a conviction to occur. Both actus reus and mens rea are fundamental components that must typically be proven beyond a reasonable doubt for a criminal conviction in Virginia.