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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 Missouri, 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 element of a crime. This means that the individual's actions or inactions must be deliberate and lead to the commission of a crime for them to be held criminally responsible. On the other hand, mens rea refers to the mental state of the defendant at the time of the crime. Missouri law recognizes various levels of mens rea, including purposely, knowingly, recklessly, and negligently, depending on the specific crime. Both actus reus and mens rea are essential components for most crimes, and a prosecutor typically must prove both to establish a defendant's guilt. The absence of either element may serve as a defense or result in a lesser charge. Missouri statutes and case law provide the framework for how these legal principles are applied in criminal cases.

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Criminal charges

actus reus and mens rea

Individual & Family Legal Plan

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Missouri State Code

Missouri State Code

Criminal charges

actus reus and mens rea

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