A person is not guilty of an offense if his liability is based solely on an omission unless the law defining the offense expressly so provides, or a duty to perform the act is otherwise imposed by law. SOURCE: M.P.C. § 2.01 (3); *Cal. § 402 (T.D.1 1967); Cal. § 405 (B) (2) 1971; Mass. ch. 263, § 15; N.J. § 2C:2-1 (H).
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CROSS-REFERENCES: GC § 1313 -failure to appear in answer to subpoena. § 1085-failure to file financial disclosure report. § 19516.1 Govt. Code-failure file tax return, 16 GCA § 3501, Vehicle Code Ahit and run.@ See also Child Abuse Laws. § 31.35 of this Code relative to failure to report child abuse. COMMENT: Section 4.20 restates decisional law and common law to the effect that an omission is not a criminal act unless specifically made a criminal act, such as failure to file tax returns, failure to remain at the scene of an accident, and failure by certain persons to report child abuse. There are many others. A legal duty to act may arise from other legal obligations. In People vs. Montecino, 68 Cal. App. 2d 85, 152 Pac. 2d 5 (1944), a conviction of involuntary manslaughter was sustained where is bedridden patient died due to the neglect of the person engaged to care for her.