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Criminal charges

actus reus and mens rea

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 Alaska, 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 conducted while unconscious or asleep, generally do not qualify as actus reus. On the other hand, mens rea refers to the mental state of the defendant at the time of the crime. It involves an individual's intent to commit a crime or their knowledge that their actions (or inactions, when there is a duty to act) would lead to the commission of a crime. Alaska law recognizes various levels of mens rea, ranging from 'intentionally' to 'recklessly' to 'negligently,' depending on the specific crime and the circumstances surrounding it. Both actus reus and mens rea are critical components that must typically be proven for a conviction in a criminal case.

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Criminal charges

actus reus and mens rea

Individual & Family Legal Plan

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Alaska State Code

Criminal charges

actus reus and mens rea

Alaska State Code

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