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Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 562

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  562.011.  Voluntary act. — 1.  A person is not guilty of an offense unless his or her 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 or her control for a sufficient time to have enabled him or her to dispose of it or terminate his or her 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, A.L. 2014 S.B. 491)

Effective 1-01-17


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