562.011. Voluntary act. — 1. A person is not guilty of an offense unless his or her liability is based on conduct which includes a voluntary act.
2. A "voluntary act" is:
(1) A bodily movement performed while conscious as a result of effort or determination; or
(2) An omission to perform an act of which the actor is physically capable.
3. Possession is a voluntary act if the possessor knowingly procures or receives the thing possessed, or having acquired control of it was aware of his or her control for a sufficient time to have enabled him or her to dispose of it or terminate his or her control.
4. A person is not guilty of an offense based solely upon an omission to perform an act unless the law defining the offense expressly so provides, or a duty to perform the omitted act is otherwise imposed by law.
Notes of Decisions
State of Missouri v. Jason C. Voss, 488 S.W.3d 97 (Mo. Ct. App. 2016).
· cites it 10× “The commentary to section 562.011, as well as a civil negligence principle applied in another criminal involuntary manslaughter case, is instructive as to when the law imposes a duty to act to preserve the life of another person under the circumstances of this case.”
State v. Winsor, 110 S.W.3d 882 (Mo. Ct. App. 2003).
· cites it 15× “111 because the evidence, which consisted solely of stipulated facts, was insufficient to support a conviction in that Appellant was not voluntarily taken to the county jail and, thus, his act of possessing a controlled substance on county jail premises was not voluntary under…”
State v. White, 622 S.W.2d 939 (Mo. 1981).
· cites it 6× “Section 562.011 provides that "[a] person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act.”
State v. Salter, 250 S.W.3d 705 (Mo. 2008).
· cites it 4× “See section 287.128.5. Defendant contends, however, that the word “conduct” as used in section 562.”
State v. Gargus, 462 S.W.3d 417 (Mo. Ct. App. 2013).
· cites it 6× “The commentary to Section 562.011 provides some guidance for when the law imposes a duty to act to preserve the life of another.”
State v. Riggs, 2 S.W.3d 867 (Mo. Ct. App. 1999).
· cites it 2× “2 § 562.011, which defines “voluntary act,” reads, “(4) a person is not guilty of an offense based solely upon an omission to perform an act unless the law defining the offense expressly so provides, or a duty to perform the omitted act is otherwise imposed by law.”
State of Missouri v. Wesley William Osborn, 504 S.W.3d 865 (Mo. Ct. App. 2016).
“Guterri brought the substance into the home, he still “acquired control of it [and] was aware of his control for a sufficient time to have enabled him to' dispose of it or terminate his control,” § 562.011, yet he did not do so. Accordingly, the evidence was sufficient to…”
State v. Priest, 660 S.W.2d 300 (Mo. Ct. App. 1983).
“Nevertheless, the prosecution must prove a voluntary act as provided by § 562.011 and a culpable state of mind as required by § 562.”
State v. Burton, 370 S.W.3d 926 (Mo. Ct. App. 2012).
“§ 562.011 (West 1999) cmt. to 1973 Proposed Code.”
State v. Beishir, 646 S.W.2d 74 (Mo. 1983).
“This proposition is preserved by that part of § 562.011 that reads as follows: “A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act.”
State v. White, 138 S.W.3d 783 (Mo. Ct. App. 2004).
“An essential element of second-degree assault under Section 565.060(5) is the defendant’s reckless conduct in causing the discharge of a firearm.”
State v. Workes, 527 S.W.3d 912 (Mo. Ct. App. 2017).
· cites it 2× “” Section 562.011. Accordingly, to present sufficient evidence for a possession-of-a-controlled-substance charge, the State needed to show that Workes had “conscious and intentional possession of the [heroin],” State v.”
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