Actus reus is the act—or the omission or failure to act when there is a duty to act—that comprises the physical elements of the commission of a crime. The actus reus generally must be voluntary bodily movements that constitute a crime.
In contrast, mens rea (meaning “guilty mind”) is the criminal intent element of a crime. It is the intent to commit a crime, or the knowledge that the action, or failure to act when there is a duty to act, will result in the commission of a crime.
In Texas, as in other jurisdictions, the concept of actus reus requires that a defendant has engaged in a voluntary act, omission, or failure to act that constitutes the physical elements of a crime. For an omission to be punishable, there must be a legal duty to act. This could be established by statute, contract, or special relationship. The actus reus must be a conscious and voluntary physical movement that leads to the commission of a crime. On the other hand, mens rea refers to the mental state of the defendant at the time of the crime. It involves the intention to commit the crime or the knowledge that one's actions or failure to act would likely result in a crime. Texas law recognizes various levels of mens rea, including intentional, knowing, reckless, and criminal negligence, which correspond to the level of culpability required for different crimes. Both actus reus and mens rea are essential components for establishing criminal liability under Texas law, and a person cannot be found guilty of most crimes unless both elements are proven beyond a reasonable doubt by the prosecution.
