Model Penal Code Section 2.01

The Model Penal Code is what its name suggests: A model, or ideal, criminal code. It was produced by the Americal Law institute in 1962, the same organization that created the Uniform Commercial Code (UCC) and Restatement of Torts. Since its publication, large parts of the code have been adopted in a number of states, including Colorado. In this course we will make use of the MPC to contrast the traditional, common law approach to interpreting criminal statutes with the (relatively) modern approach suggested by the code. You will want to keep track of the MPC sections we reference throughout the course.

MPC § 2.01 Requirement of Voluntary Act; Omission as Basis of Liability; Possession as an Act.

(1) A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable.

(2) The following are not voluntary acts within the meaning of this Section:

(a) a reflex or convulsion;

(b) a bodily movement during unconsciousness or sleep;

(d) a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual.

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