§ 9.08 OMISSIONS: MODEL PENAL CODE

• Jurisdiction: United States

§ 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."¹²⁹

Liability based on an omission is permitted in two circumstances: (1) if the law defining the offense provides for it;¹³⁰ or (2) if the duty to act is "otherwise imposed by law."¹³¹ The latter category incorporates duties arising under civil law, such as torts or contract law.¹³²

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Notes:

^[129] . Model Penal Code § 2.01(1).

^[130] . E.g., Model Penal Code § 220.1(3) (failure to control or report a dangerous fire).

^[131] . Model Penal Code § 2.01(3)(b).

^[132] . American Law Institute, Comment to § 2.01, at 222-23.