562.011. Voluntary act.
You can only be guilty if you acted on purpose or knowingly had control.
You must do something on purpose—or choose not to do something you could have done—for it to be a crime.
1. A person isn’t guilty of a crime unless their actions include something they did on purpose.
2. A “voluntary act” means:
- A conscious physical movement made with effort or decision; or
- Choosing not to do something you are physically able to do.
3. Possession counts as voluntary if the person:
- Knowingly gets or accepts the item; or
- Has control of it and knows it, and has had enough time to get rid of it or stop having it.
4. A person can’t be guilty just for not doing something—unless the law clearly says so or they had a legal duty to act.
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