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Casebook Read Credits
Criminal Law
Resource 2 . 1 . 2 . 4
less than a minute

MPC Section 2.01(3)

Sam Kamin,
Dana Lindenberg

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.

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