Montana § 45-2-202 Voluntary Act

Montana Statutes

§ 45-2-202 — Voluntary Act

Montana § 45-2-202

Title 45CRIMES

Ch. 2GENERAL PRINCIPLES OF LIABILITY

Part 2Other Factors Affecting Individual Liability

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Bluebook

Mont. Code Ann. § 45-2-202 (2026).

Text

45-2-202 . Voluntary act. A material element of every offense is a voluntary act, which includes an omission to perform a duty that the law imposes on the offender and that the offender is physically capable of performing, except for deliberate homicide under 45-5-102 (1)(b) for which there must be a voluntary act only as to the underlying felony. Possession is a voluntary act if the offender knowingly procured or received the thing possessed or was aware of the offender's control of the thing for a sufficient time to have been able to terminate control.

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45-2-202 . Voluntary act. A material element of every offense is a voluntary act, which includes an omission to perform a duty that the law imposes on the offender and that the offender is physically capable of performing, except for deliberate homicide under 45-5-102 (1)(b) for which there must be a voluntary act only as to the underlying felony. Possession is a voluntary act if the offender knowingly procured or received the thing possessed or was aware of the offender's control of the thing for a sufficient time to have been able to terminate control.