The North Carolina Certified Paralegal Examination (NCCP) Practice Exam

"Actus reus" refers to the physical act or conduct that constitutes a criminal offense. In other words, it is the actual deed or the guilty act that the individual performed, which violates the law. To establish criminal liability, it is essential not only to prove the individual's intention to commit a crime (known as "mens rea") but also to demonstrate that an act occurred that fulfills the requirements of the crime.

The concept is foundational in criminal law, as it distinguishes unlawful actions from mere thoughts or intentions. For instance, if someone intends to commit theft but fails to take an action to steal, they have the mens rea without the actus reus and thus may not be found guilty of theft.

Understanding the distinction between actus reus and other concepts, such as intent or statutory definitions, is crucial when analyzing the elements of a crime and establishing adequate proof in criminal cases.