Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
< > Effective - 01 Jan 1979, 2 histories, see footnote (history)*562.011. Until December 31, 2016 — Voluntary act. — 1. A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act.
2. A "voluntary act" is
(1) A bodily movement performed while conscious as a result of effort or determination; or
(2) An omission to perform an act of which the actor is physically capable.
3. Possession is a voluntary act if the possessor knowingly procures or receives the thing possessed, or having acquired control of it was aware of his control for a sufficient time to have enabled him to dispose of it or terminate his control.
4. A person is not guilty of an offense based solely upon an omission to perform an act unless the law defining the offense expressly so provides, or a duty to perform the omitted act is otherwise imposed by law.
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(L. 1977 S.B. 60)
Effective 1-01-79
*This section was amended by S.B. 491, 2014, effective 1-01-17. Due to the delayed effective date, both versions of this section are printed here.
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562.011 | 1/1/2017 | |||
562.011 | 1/1/1979 | 1/1/2017 |
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