David Serna Explains the Principle of Actus Reus

What is actus reus?

Sometimes called the external element of a crime, actus reus is the Latin term for “guilty act.” David Serna emphasizes that lawyers must always consider two parts of a crime: the physical act and mental intent. You can define actus reus simply as a criminal act resulting from a voluntary bodily movement. It describes a physical activity that causes harm to another person or damage to a person’s property. David Serna reminds lawyers that anything from the destruction of public property to physical assault or murder will qualify as an actus reus. When proven beyond a reasonable doubt in combination with the mens rea, it produces criminal liability.

When is actus reus satisfied?

There must be a physical action voluntarily made by the defendant for the actus reus element to be present. David Serna believes that if the prosecution wants to establish actus reus, they need to prove that the defendant was consciously and intentionally responsible for an offense against criminal law.

When is actus reus not satisfied?

You cannot establish actus rea if you base your arrest and charge on an individual’s status or illness. For example, a person cannot be arrested and charged with being a drug addict because being an addict is a status, not a physical action.

You also cannot satisfy actus reus with criminal thoughts. David Serna emphasizes again that actus reus involves a voluntary physical action. If there is no accompanied action, criminal thoughts do not harm others in any way and do not lead to criminal liability.

What is omission, and how is it related to actus reus?

Remember that omission, as an act of criminal negligence, is another form of actus reus, but it lies on the opposite side from murder or assault. It involves not taking action that would have prevented harm to another person. David Serna simply refers to omission as the failure to act. It is when a perpetrator’s failure to complete a necessary activity caused injury to others.