Overt Act

• Author: Jeffrey Lehman, Shirelle Phelps

Page 340

An open, manifest act from which criminality may be implied. An outward act done in pursuance and manifestation of an intent or design.

An overt act is essential to establish an attempt to commit a crime. It is also a key element in the crime of TREASON and has become a component of federal and some state criminal conspiracy laws. It also plays a role in the right of SELF-DEFENSE.

An attempt to commit a crime is an offense when an accused makes a substantial but unsuccessful effort to commit a crime. The elements of attempt include an intent to commit a crime, an apparent ability to complete the crime, and an overt act. An overt act is an act that is performed to execute the criminal intention and will naturally achieve that result unless prevented by some external cause. The act must directly move toward commission of the crime and must be more than acts of planning or preparation.

Defining when an act is more than preparatory has proved difficult...