Which description best defines actus reus in criminal law?

• A. The mental element of a crime, 'guilty mind'
• B. The motive behind a crime
• C. The physical element of a crime, 'guilty act'
• D. The punishment for a crime

Answer: (C)

Actus reus is the physical element of a crime—the actual act or omission that the law prohibits. It’s the “guilty act” component, the part of liability that refers to what the person did (or failed to do) in the real world. In most crimes, you must show both this physical element and the mental state, or mens rea, to convict. Motive isn’t required to prove guilt; it might explain why someone did something but doesn’t establish the crime’s act itself. Punishment is the consequence, not the act described by the statute. For example, a strike causing injury is the physical act (actus reus); if there was intent or recklessness behind it, that’s the mens rea. Omissions count as actus reus only where there’s a duty to act.