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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 Minnesota, 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 a physical element of a crime. This means that involuntary actions, such as reflexive or convulsive acts, or actions conducted while unconscious, are generally not considered actus reus. On the other hand, mens rea refers to the mental state of the defendant at the time of the crime. Minnesota law recognizes various levels of mens rea, including intentional, knowing, reckless, and negligent actions, depending on the specific crime. The presence of mens rea means that the defendant had a certain level of awareness or intent regarding the criminal nature of their actions. Both actus reus and mens rea are critical components in establishing criminal liability under Minnesota law, and a person typically cannot be found guilty of a crime unless both elements are proven by the prosecution.

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Criminal charges

actus reus and mens rea

Individual & Family Legal Plan

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Minnesota State Code

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Criminal charges

actus reus and mens rea

Minnesota State Code