actus reus + mens rea

voluntary act (Mo. Stat. 562.111)

a person is not guilty of an offense unless his/her liability is based on conduct which includes a voluntary act

course of conduct

a prior voluntary act leading to a chain of events can produce liability

cases that demonstrate course of conduct

Nelson - tourette’s phone calls, Burton - trooper motorcycle chase

conscious/deliberate acts

“bodily movements performed while conscious as a result of effort or determination”

case demonstrating conscious/deliberate acts

Martin - drunk on a public highway

MPC exceptions to conscious/deliberate

reflex/convulsion, unconscious/asleep, hypnosis

possession as a voluntary act

possessor knowingly procures OR after having acquired, was AWARE of control FOR A SUFFICIENT TIME to have disposed of it/terminated control

case demonstrating possession as voluntary act

Winsor - brought weed into jail

possession further defined

actual or constructive possession w/knowledge of its presence

actual possession

person has object on their person or within easy reach/convenient control

constructive possession

person has power/intention @ a given time to exercise direct or indirect control over object

possession can be ____ or ____

sole, joint

as demonstrated by Eggleston (meth car w/passenger), possession can be both actual and

joint

omission

“omission to perform an act of which they are physically capable” but “not guilty based on omission unless law requires or a duty to perform act is otherwise imposed by law

obvious situations in which a duty to act is otherwise imposed by law

statute imposes duty to care for another; one has assumed contractual duty to care for another

“otherwise imposed by law” situations that are up for interpretation

where one stands in a certain relationship status to another; where one has voluntarily assumed care of another and so secluded the helpless person

how do Voss and Shell cases determine what is meant by certain relationship status?

one creates or increases the risk to another

MO law regarding seclusion

if there has been voluntary assumption of care of a dependent, law does not require seclusion for duty to attach (Gargus)