Actus non facit reum, nisi mens sit rea
Actus non facit reum, nisi mens sit rea in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims
An act does not make a man a criminal, unless his intention be criminal. To constitute a crime the intent and the act must concur; a mere overt act, without wrongful intention, does not make guilt.
Note: This legal definition of Actus non facit reum, nisi mens sit rea in the Dictionary of Law (English and American Jurisprudence) is from 1893.
What does Actus non facit reum, nisi mens sit rea mean in American Law?
The definition of Actus non facit reum, nisi mens sit rea in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:
Literally “an act does not make one guilty unless the mind [of the actor] is guilty.” This is the Latin-maxim form of the important rule of Anglo-American criminal law that criminal liability cannot be imposed unless the actor had a mental state amounting in culpability at least to negligence. The proposition announced by the maxim
is, in fact, regularly violated by actual law, though only under special conditions. See guilty knowledge; mens rea.
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