Omission Or Failure To Act As A Criminal Act

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IV. Omission or failure to act as a criminal act

Although most actus rei are affirmative acts, for a few crimes the actus reus is the failure to act. Where a person has a legal duty to act and does not fulfill that duty, the failure to act can result in criminal culpability.

A. Requirement of a legal duty

Only where there is a legal duty to act can an omission be the actus reus for a criminal charge. A legal duty may arise from more than one source and may be imposed on more than one individual at a time.

1. Common law duties & obligations

a. Duty based on a common law relationship

A duty may be imposed on one individual, for the benefit of another individual, based on a common law relationship. A parent has a common law duty to protect his or her minor child. Robey v. State, 54 Md. App. 60, 77-78 (1983). There is a common law duty between employers and employees, Athas v. Hill, 300 Md. 133, 139 (1984), a property owner to an invitee, Richardson v. Nwadiuko, 184 Md. App. 481, 495 (2009), a landlord to a tenant, Davis v. Regency Lane, LLC, 249 Md. App. 187, 210 (2021), and common carriers to protect passengers, Todd v. Mass Transit Authority, 373 Md. 149, 159 (2003). State...

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