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New Jersey Section 2C:2-1 – Requirement of voluntary act; omission as basis of liability; possession as an act

Understanding New Jersey’s Requirement of Voluntary Act Law

New Jersey statute 2C:2-1 deals with an important concept in criminal law – the requirement of a voluntary act for criminal liability. This law essentially says that someone cannot be guilty of a crime unless they voluntarily committed some act or failed to perform a required act. Let’s break down what this law covers and what it means.

The Basics of 2C:2-1

The first part of 2C:2-1 states that “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.” This sets up the general rule that criminal liability requires a voluntary act or omission.

An omission means failing to act when you have a legal duty to do so. For example, parents have a duty to provide food, clothing and medical care for their children. If they fail to do so, they can be criminally liable for neglect.

What is a Voluntary Act?

A voluntary act basically means an intentional bodily movement performed consciously. For criminal liability, the defendant must have consciously chosen to perform the act. Reflexes, convulsions, movements while unconscious or sleeping, and other involuntary acts do not meet the requirement.

So if someone has a seizure and strikes someone while convulsing, that would not satisfy the voluntary act requirement. The movement has to be purposeful and deliberate.

Possession as a Voluntary Act

Section 2C:2-1 goes on to say that “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.

“This means that possession can fulfill the voluntary act requirement for crimes where possession is an element, like drug possession or unlawful weapons possession. The state has to prove the person knowingly obtained the item and knew they possessed it.

For example, if drugs were secretly planted in someone’s car without their knowledge, they could not be guilty of possession. But if they knew about the drugs and kept driving the car, the act of possession would be voluntary.

Omission Liability Requires a Legal Duty

Earlier we discussed omissions – failing to act when the law requires you to do so. 2C:2-1 limits omission liability in an important way – it only applies when you have a pre-existing legal duty to act.

As an example, you generally don’t have a duty to rescue a stranger. But parents have a duty to feed, shelter and care for their children. Employers have a duty to maintain a safe workplace. And doctors have a duty to provide standard medical care.

So omission liability only attaches when you fail to perform a specific duty imposed on you by law. The prosecution has to prove the existence of the duty that the defendant allegedly violated.

How Voluntariness Can Be Negated

While criminal liability generally requires a voluntary act, there are situations where voluntariness can be negated. These include:

• Reflexes or Convulsions – As noted above, reflexive or convulsive movements are not considered voluntary acts.
• Unconsciousness – An act committed while unconscious or asleep is not voluntary. However, voluntary intoxication generally does not negate voluntariness.
• Mental Disease or Defect – If a person lacks substantial capacity to appreciate the wrongfulness of their conduct or conform their actions to the law due to mental disease or defect, they may lack criminal responsibility under the insanity defense.
• Duress or Coercion – When another person threatens harm unless you commit a crime, you may have a duress defense negating voluntariness. However, the threat has to be immediate and involve force against you or a loved one.
• Involuntary Intoxication – If someone spikes your drink without your knowledge, involuntary intoxication could negate voluntariness. But if you voluntarily got drunk or high, it would not.

Voluntariness in Attempt Crimes

The voluntary act requirement also applies to attempt crimes. To be guilty of attempt in New Jersey, you must purposely take a substantial step toward committing the underlying crime. This substantial step must be a voluntary act.

For example, if someone involuntarily slipped and fell while trying to walk toward a bank to rob it, that would not satisfy the voluntary act requirement for attempted bank robbery. A voluntary bodily movement constituting a substantial step toward the crime is required.

Voluntary Act vs. Mental State

It’s important to understand that the voluntary act requirement is distinct from mental state requirements like purposely, knowingly or recklessly. The act itself has to be voluntary and intentional. Having a guilty mental state alone does not make you criminally liable.

For example, you can knowingly possess a banned weapon. But if someone planted the weapon on you without your knowledge, your possession would not be voluntary. So you would not be guilty of the offense, even though you knowingly possessed the weapon.

Policy Rationale for Requiring a Voluntary Act

The voluntary act requirement serves some important policy goals in criminal law:

• It provides notice to citizens of what conduct will subject them to liability. Punishing involuntary acts would be unfair.
• It reinforces the moral principle that people should be responsible for their deliberate choices, not involuntary reactions.
• It promotes public safety by deterring consciously wrongful conduct that causes social harm.
• It ensures people are only punished in proportion to their personal culpability in committing the offense.

Constitutional Considerations

Requiring a voluntary act is also mandated by the U.S. Constitution. The Supreme Court has held that criminalizing involuntary conduct would violate due process under the Fourteenth Amendment.

The voluntary act requirement has also been viewed as necessary to satisfy the Eighth Amendment prohibition against cruel and unusual punishment. Punishing involuntary conduct would be unconstitutional.

Grading Issues with Voluntary Act Requirements

One complexity that arises is how to grade attempts when voluntariness is negated. For example, if someone tries to rob a bank while sleepwalking, they have no criminal liability for the attempted robbery since their acts were involuntary.

But what if they commit a reckless assault against a security guard while sleepwalking? In that case, they may not have criminal liability for attempted robbery. But they could potentially still be liable for reckless assault since that crime has a lower voluntary act requirement.

So negating voluntariness for one crime does not necessarily negate liability for other crimes with lower voluntary act requirements arising from the same conduct. The grading of the offense depends on the voluntary act and mental state required for each specific crime charged.

Voluntary Act vs. Causation

Another distinction is between the voluntary act requirement and causation. Even if the defendant’s acts were voluntary, the state still has to prove they were the factual and legal cause of the criminal harm to convict.

For example, an arsonist may voluntarily set a fire, but if the building burned down from an unrelated electrical issue instead, their voluntary act did not actually cause the prohibited result. So causation and voluntary conduct are separate required elements.

Defenses Related to Voluntary Acts

Several criminal defenses relate to voluntary acts, including:

• Automatism – Committing an act involuntarily while unconscious, such as during a seizure. This can completely negate liability.
• Insanity – Lacking capacity to understand the wrongfulness of one’s actions. Could lead to commitment rather than imprisonment.
• Diminished capacity – Having reduced mental abilities that prevent forming the requisite intent. Could mitigate liability.
• Duress – Committing a crime only because of immediate threat of death or serious harm. Could excuse liability.
• Necessity – Committing an offense out of necessity to prevent greater harm. Could justify violation of law.

Role of Voluntary Act in Conspiracy Charges

Conspiracy charges pose special issues regarding the voluntary act requirement. Conspiracy involves agreeing with others to commit a crime and taking some overt act in furtherance of the conspiracy.

If one member of the conspiracy commits a voluntary overt act, the other members can be liable for that act through the conspiracy doctrine of vicarious liability. But withdrawal from the conspiracy may limit liability for future acts by other members.

Overall, the voluntary act requirement remains a key element prosecutors must prove to establish guilt for any criminal offense. 2C:2-1 provides an important statutory basis for this fundamental principle of criminal law in New Jersey.