§702-200 Requirement of voluntary act or voluntary omission. (1) In any prosecution it is a defense that the conduct alleged does not include a voluntary act or the voluntary omission to perform an act of which the defendant is physically capable. (2) Where the defense provided in subsection (1) is based on a physical or […]
§702-201 “Voluntary act” defined. “Voluntary act” means a bodily movement performed consciously or habitually as the result of the effort or determination of the defendant. [L 1972, c 9, pt of §1] COMMENTARY ON §702-201 This section defines “voluntary act” in general terms relying chiefly on the characteristic of voluntariness–the effort and determination of the […]
§702-202 Voluntary act includes possession. Possession is a voluntary act if the defendant knowingly procured or received the thing possessed or if the defendant was aware of the defendant’s control of it for a sufficient period to have been able to terminate the defendant’s possession. [L 1972, c 9, pt of §1; gen ch 1993] […]
§702-203 Penal liability based on an omission. Penal liability may not be based on an omission unaccompanied by action unless: (1) The omission is expressly made a sufficient basis for penal liability by the law defining the offense; or (2) A duty to perform the omitted act is otherwise imposed by law. [L 1972, c […]
§702-204 State of mind required. Except as provided in section 702-212, a person is not guilty of an offense unless the person acted intentionally, knowingly, recklessly, or negligently, as the law specifies, with respect to each element of the offense. When the state of mind required to establish an element of an offense is not […]
§702-205 Elements of an offense. The elements of an offense are such (1) conduct, (2) attendant circumstances, and (3) results of conduct, as: (a) Are specified by the definition of the offense, and (b) Negative a defense (other than a defense based on the statute of limitations, lack of venue, or lack of jurisdiction). [L […]
§702-206 Definitions of states of mind. (1) “Intentionally.” (a) A person acts intentionally with respect to his conduct when it is his conscious object to engage in such conduct. (b) A person acts intentionally with respect to attendant circumstances when he is aware of the existence of such circumstances or believes or hopes that they […]
§702-207 Specified state of mind applies to all elements. When the definition of an offense specifies the state of mind sufficient for the commission of that offense, without distinguishing among the elements thereof, the specified state of mind shall apply to all elements of the offense, unless a contrary purpose plainly appears. [L 1972, c […]
§702-208 Substitutes for negligence, recklessness, and knowledge. When the law provides that negligence is sufficient to establish an element of an offense, that element also is established if, with respect thereto, a person acts intentionally, knowingly, or recklessly. When the law provides that recklessness is sufficient to establish an element of an offense, that element […]
§702-209 Conditional intent. When a particular intent is necessary to establish an element of an offense, it is immaterial that such intent was conditional unless the condition negatives the harm or evil sought to be prevented by the law prohibiting the offense. [L 1972, c 9, pt of §1] COMMENTARY ON §702-209 This section provides […]
§702-210 Requirement of wilfulness satisfied by acting knowingly. A requirement that an offense be committed wilfully is satisfied if a person acts knowingly with respect to the elements of the offense, unless a purpose to impose further requirements appears. [L 1972, c 9, pt of §1] COMMENTARY ON §702-210 Many regulatory penal offenses appear in […]
§702-211 State of mind as determinant of grade or class of a particular offense. When the grade or class of a particular offense depends on whether it is committed intentionally, knowingly, recklessly, or negligently, its grade or class shall be the lowest for which the determinative state of mind is established with respect to any […]
§702-212 When state of mind requirements are inapplicable to violations and to crimes defined by statutes other than this Code. The state of mind requirements prescribed by sections 702-204 and 702-207 through 702-211 do not apply to: (1) An offense which constitutes a violation, unless the state of mind requirement involved is included in the […]
§702-213 Effect of absolute liability in reducing grade of offense to violation. Notwithstanding any other provisions of existing law and unless a subsequent statute otherwise provides: (1) When absolute liability is imposed with respect to any element of an offense defined by a statute other than this Code and a conviction is based upon such […]
§702-214 Causal relationship between conduct and result. Conduct is the cause of a result when it is an antecedent but for which the result in question would not have occurred. [L 1972, c 9, pt of §1] COMMENTARY ON §702-214 This section and the following three sections deal with the problem of causation, which is […]
§702-215 Intentional or knowing causation; different result from that intended or contemplated. In the following instances intentionally or knowingly causing a particular result shall be deemed to be established even though the actual result caused by the defendant may not have been within the defendant’s intention or contemplation: (1) The actual result differs from that […]
§702-216 Reckless or negligent causation; different result from that within the risk. In the following instances, recklessly or negligently causing a particular result shall be deemed to be established even though the actual result caused by the defendant may not have been within the risk of which the defendant was or, in the case of […]
§702-217 Causation in offenses of absolute liability. When causing a particular result is an element of an offense for which absolute liability is imposed by law, the element is not established unless the actual result is a probable consequence of the defendant’s conduct. [L 1972, c 9, pt of §1] COMMENTARY ON §702-217 The elimination […]
§702-218 Ignorance or mistake as a defense. In any prosecution for an offense, it is a defense that the accused engaged in the prohibited conduct under ignorance or mistake of fact if: (1) The ignorance or mistake negatives the state of mind required to establish an element of the offense; or (2) The law defining […]
§702-219 Ignorance or mistake; reduction in grade and class of the offense. Although ignorance or mistake would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as the defendant supposed. In such case, however, the ignorance or mistake […]
