45-2-202. Voluntary act.
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/mt/title-45/chapter-2/part-2/45-2-202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
45-2-202 . Voluntary act. A material element of every offense is a voluntary act, which includes an omission to perform a duty that the law imposes on the offender and that the offender is physically capable of performing, except for deliberate homicide under 45-5-102 (1)(b) for which there must be a voluntary act only as to the underlying felony. Possession is a voluntary act if the offender knowingly procured or received the thing possessed or was aware of the offender's control of the thing for a sufficient time to have been able to terminate control.