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- Chapter 9 Actus Reus
§ 9.08 Omissions: Model Penal Code
The Model Penal Code does not differ significantly from the common law regarding omissions. A person is not guilty of any offense unless his conduct "includes a voluntary act or the omission to perform an act of which he is physically capable."130
Liability based on an omission is permitted in two circumstances: (1) if the law defining the offense provides for it;131 or (2) if the duty to act is "otherwise imposed by law."132 The latter category incorporates duties arising under civil law, such as torts or contract law.133
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Notes:
[130] Model Penal Code § 2.01(1).
[131] E.g., Model Penal Code § 220.1(3) (failure to control or report a dangerous fire).
[132] Model Penal Code § 2.01(3)(b).
[133] American Law Institute, Comment to § 2.01, at 222-23.
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- Chapter 9 Actus Reus
- Chapter 9 Actus Reus
- § 9.01 Actus Reus: General Principles
- § 9.02 Voluntary Act: General Principles
- § 9.03 Voluntary Act: Supposed (But Not Real) Exceptions to the Requirement
- § 9.04 Voluntary Act: Constitutional Law
- § 9.05 Voluntary Act: Model Penal Code
- § 9.06 Omissions: General Principles
- § 9.07 Omissions: Exceptions to the No-Liability Rule
- § 9.08 Omissions: Model Penal Code
- § 9.09 Medical "Omissions": A Definitional Problem
- § 9.10 Social Harm: General Principles
- § 9.11 Social Harm: Constitutional Limits
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