§ 301. Requirement of voluntary act.

152 words·~1 min read·/pa/title-18/chapter-3/301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)General rule.-- 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.

(b)Omission as basis of liability.-- Liability for the commission of an offense may not be based on an omission unaccompanied by action unless:

(1)the omission is expressly made sufficient by the law defining the offense; or

(2)a duty to perform the omitted act is otherwise imposed by law.

(c)Possession as an act.-- Possession is an act, within the meaning of this section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

18c301v

Cross References. Section 301 is referred to in section 305 of this title.

18c302s