Main Content
MPC Section 2.01(3)
MPC Section 2.01(3) shows that the MPC and common law positions are in sync: One is not liable for failing to act absent a legal (as opposed to a moral) obligation to do so.
We have previously seen in Section 2.01(1) that the code imposes a duty to act only when the defendant is capable of the action the law requires of him.
We discuss exactly what that might mean in the context of the Likine case, below.
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.