Does Actus Reus Require Mens Rea?

To be found guilty of a crime, the prosecution must prove that there was a physical action, actus reus, and a state of mind to commit a crime, known as mens rea. Mens rea is concerned with what the defendant was thinking at the time he committed the actus reus. Different crimes have different mens rea requirements.

Do you need both mens rea and actus reus?

To constitute criminal behavior, the actus reus and the mens rea must occur simultaneously.

Does actus reus have to be physical?

For the actus reus element of a crime to be present, there must be a voluntary, physical action made by the defendant. The prosecution must prove the defendant made a conscious and intentional movement.