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 Vermont, 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 person's conduct must be a deliberate action or inaction that leads to the fulfillment of a criminal offense. For instance, if someone physically harms another person or takes property without consent, the actus reus is present. On the other hand, mens rea refers to the mental state of the defendant at the time of the crime. Vermont law recognizes that for a crime to be committed, there typically must be a certain level of intent or recklessness. This means the person must have had a guilty mind, which can range from intent to commit the crime to a reckless disregard for the consequences of their actions. Both actus reus and mens rea are critical components in establishing criminal liability in Vermont, and a person typically cannot be found guilty of a crime unless both elements are proven by the prosecution.