In criminal law, one of the most fundamental principles is that a person should not be convicted of a crime unless they committed a voluntary act or, in limited circumstances, failed to act when they had a legal duty to do so. This principle, known as the requirement of voluntary act or omission, serves as a cornerstone of our criminal justice system. It protects individuals from being punished for involuntary conduct, thoughts alone, or mere status.
In this article, we explain the requirements of a voluntary act or omission. If you’ve been charged with a crime in New Jersey and believe your actions were involuntary or that you’re being prosecuted based on status rather than conduct, you need experienced legal representation immediately. Our NJ criminal defense lawyers at the Law Offices of Jonathan F. Marshall are ready to assess your options.
The Legal Basis for Voluntary Acts in Criminal Law
At its core, criminal law recognizes that punishment is only justified when a person has intentionally engaged in prohibited conduct. Punishing someone for involuntary actions, thoughts, or mere status violates basic principles of justice and fairness.
The voluntary act requirement ensures that the criminal law targets culpable behavior rather than unfortunate circumstances, medical conditions, or accidents beyond a person’s control. This requirement applies to virtually all crimes, from minor offenses to the most serious felonies.
What a Voluntary Act Means in Criminal Law
A voluntary act is a conscious, willed bodily movement. It requires that the person have control over their physical actions and that those actions be the product of conscious determination, even if only for an instant.
The key elements of a voluntary act include the following:
- Consciousness at the time of the act
- Physical control over one’s body
- Some degree of choice or will in performing the action
The person need not have intended the ultimate consequences of their act, but they must have consciously willed the physical movement itself.
The Model Penal Code (MPC) Influence
The Model Penal Code, developed by the American Law Institute, has significantly influenced how jurisdictions define and apply the voluntary act requirement. Section 2.01 of the MPC provides comprehensive guidance on the requirements of voluntary act, and many states, including New Jersey, have adopted provisions based on or influenced by this model.
Under the MPC framework, a person is not guilty of an offense unless liability is based on conduct that includes a voluntary act or the omission to perform an act of which the person is physically capable. New Jersey courts look to these principles when evaluating whether the prosecution has established the necessary voluntary act element of criminal offenses.
Acts vs. Omissions
Criminal liability can arise from either affirmative actions or, in limited circumstances, from failures to act. Understanding the differences between acts and omissions is crucial to grasping how the voluntary act requirement operates in different contexts.
Affirmative Acts
Most crimes are based on conscious, voluntary physical acts that violate criminal prohibitions. When you drive a vehicle while intoxicated, strike another person, take property that doesn’t belong to you, or engage in any other prohibited conduct, you’re committing affirmative acts. The prosecution must prove that these acts were voluntary and that you possessed the required mental state for the particular crime charged.
Omissions and the Duty to Act
Criminal liability based on omissions (failures to act) is far more limited than liability for affirmative acts. This limitation reflects the general principle that the law does not impose criminal liability solely for failing to prevent harm or for failing to assist others. Not all failures to act result in criminal charges, even when those failures lead to serious harm.
Criminal liability for omissions arises only when the following three conditions are met:
- There must be a legal duty to act
- The person must be physically capable of acting
- The person must fail to perform the required act
Without a legal duty, there is generally no criminal liability for failing to act, no matter how morally reprehensible the failure might be.
Examples of Voluntary Acts in Criminal Cases
Understanding how the requirements of voluntary acts play out in real cases helps illustrate this important principle.
Consider a defendant charged with assault after striking someone during an epileptic seizure. Suppose medical evidence establishes that the defendant was experiencing a seizure and had no control over their movements. In that case, the voluntary act requirement is not satisfied. The physical contact occurred, but it was not a voluntary act; therefore, it cannot support a criminal conviction. Cases involving sleepwalking also present questions about voluntary acts.
Possession crimes illustrate another application of the voluntary act requirement. To be guilty of drug possession, for example, you must have knowingly and voluntarily possessed the controlled substance. If drugs were planted in your vehicle without your knowledge, you lacked both the voluntary act and the required mental state for possession. Similarly, if someone forced drugs into your hands, your possession would not be voluntary.
How This Requirement Protects Defendants
The requirement of voluntary act or omission serves as a critical protection for defendants, ensuring that criminal punishment is imposed only for culpable conduct. This requirement protects several fundamental interests and rights.
Protection Against Status Crimes
The voluntary act requirement prevents the government from criminalizing a person’s status or condition rather than their conduct. The landmark U.S. Supreme Court case Robinson v. California established that laws cannot criminalize mere status, such as being addicted to drugs. While drug use involves voluntary acts and can be criminalized, the condition of addiction itself cannot be a crime. This principle ensures that people are punished for their actions, not for who they are or the conditions they face.
Ensuring Moral Culpability
By requiring voluntary conduct, the law ensures that criminal punishment is reserved for morally culpable behavior. People should not face criminal sanctions for accidents, reflexes, or conduct they cannot control. This requirement maintains the moral legitimacy of the criminal justice system by ensuring proportionality between culpability and punishment.
Providing a Defense Strategy
For defendants, the voluntary act requirement provides an important avenue for defense. When the alleged criminal conduct was not truly voluntary (due to seizures, unconsciousness, external physical force, or other reasons), this fundamental requirement of criminal law is not satisfied. A skilled criminal defense attorney can carefully examine whether the prosecution can prove that your conduct included a voluntary act, and can challenge the charges if this essential element cannot be established.
Protecting Against Overreach
The voluntary act requirement limits government power by preventing prosecution based solely on thoughts, mere presence at a crime scene without participation, or status or condition, rather than conduct. This protection is essential to maintaining individual liberty and preventing governmental overreach into areas that should remain beyond the scope of criminal law.
Contact Our Criminal Defense Attorneys in New Jersey for Help
Understanding the requirement of voluntary act or omission is essential to protecting your rights when facing criminal charges. If you’ve been accused of a crime and believe your conduct was involuntary, you need experienced defense representation that understands how to effectively raise and argue these defenses.
At the Law Offices of Jonathan F. Marshall, our criminal defense attorneys bring over 200 years of combined experience to every case we handle. We offer free, fully confidential consultations where we’ll review your case, explain how the voluntary act requirement may apply to your situation, and discuss the legal process ahead. Contact us now to take the first step toward protecting your rights.
