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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 North Dakota, 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 element of a crime. This means that the individual's actions or inactions must be deliberate and lead to the commission of a crime as defined by law. For a conviction, it is not enough for someone to simply have a 'guilty mind' or mens rea; there must also be an actus reus that accompanies it. Mens rea, on the other hand, involves the mental state of the defendant at the time of the crime. It refers to the intention or knowledge of wrongdoing that constitutes part of a crime. North Dakota law requires that, for most crimes, a person must have a certain level of intent or recklessness to be found guilty. The specific requirements for actus reus and mens rea can vary depending on the crime and are defined by state statutes and case law.

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Criminal charges

actus reus and mens rea

Individual & Family Legal Plan

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North-Dakota State Code

North-Dakota State Code

Criminal charges

actus reus and mens rea

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