Which term describes the physical act or omission that constitutes the offence?

Which term describes the physical act or omission that constitutes the offence?

• A. Negligence
• B. Guilty Act
• C. Criminal Intent
• D. Strict Liability

Answer: (B)

The physical act or omission that makes up the offence is called the guilty act, or actus reus. This is the observable part of a crime—the action taken or the failure to act when there is a duty to act. The other terms relate to fault or mental state: negligence is a failure to meet a standard of care in some offenses; criminal intent (mens rea) is the mental element behind many crimes; strict liability offenses don’t require proof of intent. Since the question asks for the term describing the physical act or omission, the best match is the guilty act.

The physical act or omission that makes up the offence is called the guilty act, or actus reus. This is the observable part of a crime—the action taken or the failure to act when there is a duty to act. The other terms relate to fault or mental state: negligence is a failure to meet a standard of care in some offenses; criminal intent (mens rea) is the mental element behind many crimes; strict liability offenses don’t require proof of intent. Since the question asks for the term describing the physical act or omission, the best match is the guilty act.