Actus Reus

From the Latin Latin for 'guilty act.'.

In one sentence

The guilty act or physical conduct that constitutes the crime itself.

Plain English

Actus reus is the actual criminal act or conduct—the physical thing the defendant did (or failed to do) that breaks the law. It's separate from the defendant's mental state. For example, taking someone's wallet is the actus reus of theft; the mens rea would be the intent to permanently deprive them of it. You need both elements to convict someone of most crimes. Actus reus can include actions, omissions (failing to act when you're legally required to), or even possession of something illegal.

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Example

In a murder case, the actus reus is the defendant pulling the trigger and firing the gun. The mens rea is whether they intended to kill, knew their action would kill, or acted with extreme recklessness. Both must be proven for a murder conviction.

Used in a sentence

“The actus reus of burglary involves unlawfully entering a building with intent to commit a crime.”

Related terms

Mens Rea

The guilty mind or criminal intent required to establish most crimes.

attempt

Trying to commit a crime but failing to complete it.

aider and abettor

A person who helps or encourages someone else to commit a crime.

Intoxication

Being under the influence of alcohol or drugs in a way that impairs judgment and contract capacity.

Stand Your Ground

A law allowing a person to use force, including deadly force, to defend themselves without a duty to retreat.

Castle Doctrine

A law stating that a person's home is their castle and they can use force to defend it without duty to retreat.

Expungement

A legal process that erases or seals a criminal conviction from your record.

Felony

A serious crime punishable by more than one year in prison or death.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.