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.
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SOURCE: Guam PC, § 20; M.P.C. § 2.21 (1); *Cal. § 400 (T.D. 1, 1967); Cal. § 400 (1971); Mass. ch. 263 § 15; N.J. § 2C:2-1(A). CROSS-REFERENCES: § 7.61 of this Code. COMMENT: This Section expands the requirements of an act as appearing in the Guam Penal Code, § 20, by the inclusion of an omission within the definition of act. (See Witkin, Cal. Crimes, 71, for the definition of omission as a Anegative act@.) This Section conforms closely to § 4-1 of the Illinois Rev. Crim. Code of 1961. This Section uses the phrase Aconduct which include a voluntary act.@ This is important in order to make it plain that an act alone may have significance only in the context of the actor's relevant conduct. Shooting a pistol, for example, is an act which, standing alone, lacks significance. However, shooting a pistol at a person with intent to kill him is an act which has its own separate and peculiarly identifiable significance because of the conduct of which it is part. The characterization of the act as a Avoluntary act@ is relevant to the defense of unconsciousness contained in Guam PC § 26(6), and to the defense of Aduress.@ Conduct resulting from coercion is dealt with as a specific defense under this Code.