Which element is satisfied by the physical act or omission that constitutes the offense?

Which element is satisfied by the physical act or omission that constitutes the offense?

• A. MENS REA
• B. ACTUS REUS
• C. CONDUCT
• D. OMISSION

Answer: (B)

Actus reus is the element described by the phrase “the physical act or omission that constitutes the offense.” In criminal law, liability usually hinges on two parts: the actus reus, which is the actual conduct—the voluntary act or, in certain cases, an omission where there is a legal duty to act—and the mens rea, the mental state accompanying that conduct. The actus reus is the external, observable component that fulfills the criminal conduct requirement. An omission can satisfy actus reus only when there’s a duty to act imposed by law, such as a statutory duty or a relationship that creates a responsibility to act. Mens rea, by contrast, concerns intent or knowledge and is a separate element. So the physical act or omission that makes up the offense is the actus reus.

Actus reus is the element described by the phrase “the physical act or omission that constitutes the offense.” In criminal law, liability usually hinges on two parts: the actus reus, which is the actual conduct—the voluntary act or, in certain cases, an omission where there is a legal duty to act—and the mens rea, the mental state accompanying that conduct. The actus reus is the external, observable component that fulfills the criminal conduct requirement. An omission can satisfy actus reus only when there’s a duty to act imposed by law, such as a statutory duty or a relationship that creates a responsibility to act. Mens rea, by contrast, concerns intent or knowledge and is a separate element. So the physical act or omission that makes up the offense is the actus reus.