I.C. § 18-315

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 3. Nature and Extent of Punishment in General

§ 18-315. Omission of public duty

Every wilful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision shall have been made for the punishment of such delinquency, is punishable as a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 1. General Provisions.

§ 13A-1-4. When act or omission constitutes crime.

No act or omission is a crime unless made so by this title or by other applicable statute or lawful ordinance.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 110.)

Current through Act 2013-172 of the 2013 Regular Session.

V.T.C.A., Penal Code § 6.01

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 6. Culpability Generally (Refs & Annos)

§ 6.01. Requirement of Voluntary Act or Omission

(a) A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession.

(b) Possession is a voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control.

(c) A person who omits to perform an act does not commit an offense unless a law as defined by Section 1.07 provides that the omission is an offense or otherwise provides that he has a duty to perform the act.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, § 3, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 3, § 1, eff. Feb. 25, 1993; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

HRS § 702-200

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-200. Requirement of voluntary act or voluntary omission

(1) In any prosecution it is a defense that the conduct alleged does not include a voluntary act or the voluntary omission to perform an act of which the defendant is physically capable.

(2) Where the defense provided in subsection (1) is based on a physical or mental disease, disorder, or defect which precludes or impairs a voluntary act or a voluntary omission, the defense shall be treated exclusively according to chapter 704, except that a defense based on intoxication which is pathological or not self-induced which precludes or impairs a voluntary act or a voluntary omission shall be treated exclusively according to this chapter.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1986, ch. 325, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

Section 2.01.  Requirement of Voluntary Act; Omission as Basis of Liability; Possession as an Act.

(1)  A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable. 

(2)  The following are not voluntary acts within the meaning of this Section: 

(a)  a reflex or convulsion;

(b)  a bodily movement during unconsciousness or sleep;

(c)  conduct during hypnosis or resulting from hypnotic suggestion;

(d)  a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual. 

(3)  Liability for the commission of an offense may not be based on an omission unaccompanied by action unless: 

(a)  the omission is expressly made sufficient by the law defining the offense; or 

(b)  a duty to perform the omitted act is otherwise imposed by law. 

(4)  Possession is an act, within the meaning of this Section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

Section 2.01.  Requirement of Voluntary Act; Omission as Basis of Liability; Possession as an Act.

(1)  A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable. 

(2)  The following are not voluntary acts within the meaning of this Section: 

(a)  a reflex or convulsion;

(b)  a bodily movement during unconsciousness or sleep;

(c)  conduct during hypnosis or resulting from hypnotic suggestion;

(d)  a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual. 

(3)  Liability for the commission of an offense may not be based on an omission unaccompanied by action unless: 

(a)  the omission is expressly made sufficient by the law defining the offense; or 

(b)  a duty to perform the omitted act is otherwise imposed by law. 

(4)  Possession is an act, within the meaning of this Section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 6. Culpability Generally (Refs & Annos)

§ 6.01. Requirement of Voluntary Act or Omission

(a) A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession.

(b) Possession is a voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control.

(c) A person who omits to perform an act does not commit an offense unless a law as defined by Section 1.07 provides that the omission is an offense or otherwise provides that he has a duty to perform the act.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, § 3, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 3, § 1, eff. Feb. 25, 1993; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title II. Principles of Criminal Liability

Article 4. Criminal Act and Mental State (Refs & Annos)

5/4-1. Voluntary Act

§ 4-1. Voluntary Act. A material element of every offense is a voluntary act, which includes an omission to perform a duty which the law imposes on the offender and which he is physically capable of performing.

CREDIT(S)

Laws 1961, p. 1983, § 4-1, eff. Jan. 1, 1962.

Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 4-1.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/4-2

Formerly cited as IL ST CH 38 ¶ 4-2

Effective:[See Text Amendments]

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title II. Principles of Criminal Liability

Article 4. Criminal Act and Mental State (Refs & Annos)

5/4-2. Possession as Voluntary Act

§ 4-2. Possession as Voluntary Act. Possession is a voluntary act if the offender knowingly procured or received the thing possessed, or was aware of his control thereof for a sufficient time to have been able to terminate his possession.

Chapter 3. Culpability (Refs & Annos)

§ 301. Requirement of voluntary act

(a) General rule.--A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable.

(b) Omission as basis of liability.--Liability for the commission of an offense may not be based on an omission unaccompanied by action unless:

(1) the omission is expressly made sufficient by the law defining the offense; or

(2) a duty to perform the omitted act is otherwise imposed by law.

(c) Possession as an act.--Possession is an act, within the meaning of this section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

CREDIT(S)

1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973.

Curre

Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Criminal Liability

2901.21 Requirements for criminal liability; voluntary intoxication

(A) Except as provided in division (B) of this section, a person is not guilty of an offense unless both of the following apply:

(1) The person's liability is based on conduct that includes either a voluntary act, or an omission to perform an act or duty that the person is capable of performing;

(2) The person has the requisite degree of culpability for each element as to which a culpable mental state is specified by the section defining the offense.

(B) When the section defining an offense does not specify any degree of culpability, and plainly indicates a purpose to impose strict criminal liability for the conduct described in the section, then culpability is not required for a person to be guilty of the offense. When the section neither specifies culpability nor plainly indicates a purpose to impose strict liability, recklessness is sufficient culpability to commit the offense.

(C) Voluntary intoxication may not be taken into consideration in determining the existence of a mental state that is an element of a criminal offense. Voluntary intoxication does not relieve a person of a duty to act if failure to act constitutes a criminal offense. evidence that a person was voluntarily intoxicated may be admissible to show whether or not the person was physically capable of performing the act with which the person is charged.

(D) As used in this section:

(1) Possession is a voluntary act if the possessor knowingly procured or received the thing possessed, or was aware of the possessor's control of the thing possessed for a sufficient time to have ended possession.

(2) Reflexes, convulsions, body movements during unconsciousness or sleep, and body movements that are not otherwise a product of the actor's volition, are involuntary acts.

(3) “Culpability” means purpose, knowledge, recklessness, or negligence, as defined in section 2901.22 of the Revised Code.

(4) “Intoxication” includes, but is not limited to, intoxication resulting from the ingestion of alcohol, a drug, or alcohol and a drug.

CREDIT(S)

(2000 H 318, eff. 10-27-00; 1972 H 511, eff. 1-1-74)

Current through 2013 File 11 of the 130th GA (2013-2014).

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 2. Criminal Liability

Article 1. Culpability

§ 16-2-1. Definition of crime

(a) A “crime” is a violation of a statute of this state in which there is a joint operation of an act or omission to act and intention or criminal negligence.

(b) Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby.

CREDIT(S)

Laws 1833, Cobb's 1851 Digest, p. 779; Laws 1968, p. 1249, § 1; Laws 2004, Act 439, § 2, eff. July 1, 2004.

Formerly Code 1863, § 4188; Code 1868, § 4227; Code 1873, § 4292; Code 1882, § 4292; Penal Code 1895, § 31; Penal Code 1910, § 31; Code 1933, § 26-201; Code 1933, § 26-601.

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 2. General Principles of Liability (Refs & Annos)

2C:2-1. Requirement of voluntary act; omission as basis of liability; possession as an act

a. A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable. A bodily movement that is not a product of the effort or determination of the actor, either conscious or habitual, is not a voluntary act within the meaning of this section.

b. Liability for the commission of an offense may not be based on an omission unaccompanied by action unless:

(1) The omission is expressly made sufficient by the law defining the offense; or

(2) A duty to perform the omitted act is otherwise imposed by law, including but not limited to, laws such as the “Uniform Fire Safety Act,” P.L.1983, c. 383 (C.52:27D-192 et seq.), the “State Uniform Construction Code Act,” P.L.1975, c. 217 (C.52:27D-119 et seq.), or any other law intended to protect the public safety or any rule or regulation promulgated thereunder.

c. Possession is an act, within the meaning of this section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

CREDIT(S)

L.1978, c. 95, § 2C:2-1, eff. Sept. 1, 1979. Amended by L.1997, c. 180, § 1, eff. Aug. 1, 1997.

Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§ 13-201. Requirements for criminal liability

The minimum requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform a duty imposed by law which the person is physically capable of performing.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 42, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 91, eff. Oct. 1, 1978.

<Title 13, the revised Criminal Code, consisting of Chapters 1 to 33, 35, 35.1, and 36 to 38, was adopted by Laws 1977, Ch. 142, §§ 1 to 178, effective October 1, 1978, Laws 1978, Ch. 200, § 3, effective October 1, 1978, and Laws 1978, Ch. 215, § 3, effective October 1, 1978.>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 2. Basis of Criminal Liability

35-41-2-1 Voluntary conduct

Sec. 1. (a) A person commits an offense only if he voluntarily engages in conduct in violation of the statute defining the offense. However, a person who omits to perform an act commits an offense only if he has a statutory, common law, or contractual duty to perform the act.

(b) If possession of property constitutes any part of the prohibited conduct, it is a defense that the person who possessed the property was not aware of his possession for a time sufficient for him to have terminated his possession.

CREDIT(S)

As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.3; Acts 1978, P.L.144, SEC.3; P.L.311-1983, SEC.30.

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.

Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 562. General Principles of Liability (Refs & Annos)

562.011. Voluntary act

1. A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act.

2. A “voluntary act” is

(1) A bodily movement performed while conscious as a result of effort or determination; or

(2) An omission to perform an act of which the actor is physically capable.

3. Possession is a voluntary act if the possessor knowingly procures or receives the thing possessed, or having acquired control of it was aware of his control for a sufficient time to have enabled him to dispose of it or terminate his control.

4. A person is not guilty of an offense based solely upon an omission to perform an act unless the law defining the offense expressly so provides, or a duty to perform the omitted act is otherwise imposed by law.

CREDIT(S)

(L.1977, S.B. No. 60, p. 662, § 1, eff. Jan. 1, 1979.)

Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.

West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 1. Of Persons Liable to Punishment for Crime

§ 26. Persons capable of committing crime; exceptions

All persons are capable of committing crimes except those belonging to the following classes:

One--Children under the age of 14, in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness.

Two--Persons who are mentally incapacitated.

Three--Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent.

Four--Persons who committed the act charged without being conscious thereof.

Five--Persons who committed the act or made the omission charged through misfortune or by accident, when it appears that there was no evil design, intention, or culpable negligence.

Six--Persons (unless the crime be punishable with death) who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused.

CREDIT(S)

(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 422, § 2; Stats.1976, c. 1181, p. 5285, § 1; Stats.1981, c. 404, p. 1592, § 3; Stats.2007, c. 31 (A.B.1640), § 3.)

Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.

21 Okl.St.Ann. § 152

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part I. In General

Chapter 3. Persons Liable to Punishment

§ 152. Persons capable of committing crimes--Exceptions--Children--Idiots--Lunatics--Ignorance--Commission without consciousness--Involuntary subjection

All persons are capable of committing crimes, except those belonging to the following classes:

1. Children under the age of seven (7) years;

2. Children over the age of seven (7) years, but under the age of fourteen (14) years, in the absence of proof that at the time of committing the act or neglect charged against them, they knew its wrongfulness;

3. Persons who are impaired by reason of mental retardation upon proof that at the time of committing the act charged against them they were incapable of knowing its wrongfulness;

4. Mentally ill persons, and all persons of unsound mind, including persons temporarily or partially deprived of reason, upon proof that at the time of committing the act charged against them they were incapable of knowing its wrongfulness;

5. Persons who committed the act, or made the omission charged, under an ignorance or mistake of fact which disproves any criminal intent. But ignorance of the law does not excuse from punishment for its violation;

6. Persons who committed the act charged without being conscious thereof; and

7. Persons who committed the act, or make the omission charged, while under involuntary subjection to the power of superiors.

CREDIT(S)

R.L.1910, § 2094; Laws 1998, c. 246, § 11, eff. Nov. 1, 1998.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 2. Culpability

§ 5-2-201. Culpability, definitions

As used in the Arkansas Criminal Code:

(1) “Act” means a bodily movement and includes speech and the conscious possession or control of property;

(2) “Act” as a verb means either to perform an act or to omit to perform an act;

(3) “Conduct” means an act or omission and its accompanying mental state; and

(4) “Omission” means a failure to perform an act and the performance of the act is required by law.

CREDIT(S)

Acts of 1975, Act 280, § 201.

Formerly A.S.A. 1947, § 41-201.

Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 2. Culpability

§ 5-2-204. Culpability, elements, exceptions

(a) A person does not commit an offense unless his or her liability is based on conduct that includes a voluntary act or the omission to perform an act that he or she is physically capable of performing.

(b) A person does not commit an offense unless he or she acts with a culpable mental state with respect to each element of the offense that requires a culpable mental state.

(c) However, a culpable mental state is not required if:

(1) The offense is a violation unless a culpable mental state is expressly included in the definition of the offense; or

(2) An offense defined by a statute not a part of the Arkansas Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any element of the offense.

CREDIT(S)

Acts of 1975, Act 280, § 202.

Formerly A.S.A. 1947, § 41-202.

Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.

West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 52. Principles of Criminal Liability

21-5201. Requirements of voluntary act or omission

(a) A person commits a crime only if such person voluntarily engages in conduct, including an act, an omission or possession.

(b) A person who omits to perform an act does not commit a crime unless a law provides that the omission is an offense or otherwise provides that such person has a duty to perform the act.

CREDIT(S)

Laws 2010, ch. 136, § 12, eff. July 1, 2011.