562.011. Voluntary act. - Missouri Statutes

Voluntary act.

562.011. 1. A person is not guilty of an offense unless hisliability is based on conduct which includes a voluntary act.

2. A "voluntary act" is

(1) A bodily movement performed while conscious as a resultof effort or determination; or

(2) An omission to perform an act of which the actor isphysically capable.

3. Possession is a voluntary act if the possessor knowinglyprocures or receives the thing possessed, or having acquiredcontrol of it was aware of his control for a sufficient time tohave enabled him to dispose of it or terminate his control.

4. A person is not guilty of an offense based solely upon anomission to perform an act unless the law defining the offenseexpressly so provides, or a duty to perform the omitted act isotherwise imposed by law.

(L. 1977 S.B. 60)

Effective 1-1-79