To be guilty of a crime, a person has to have done something on purpose while conscious, or chosen not to do something they were physically able to do. Just failing to do something only counts as a crime if the law specifically says so, or if the law somewhere else requires that person to act. For possession, a person has to have knowingly gotten or held onto something, or had enough time to get rid of it once they knew they had it.
562.011. . — 1. A person is not guilty of an unless his or her is based on conduct which includes a voluntary act.
2. A "voluntary act" is:
(1) A bodily movement performed while conscious as a result of effort or ; or
(2) An to perform an act of which the is physically capable.
3. is a voluntary act if the or receives the thing , or having acquired control of it was aware of his or her control for a sufficient time to have enabled him or her to dispose of it or terminate his or her control.
4. A person is not guilty of an offense based solely upon an omission to perform an act unless the law defining the offense expressly so provides, or a duty to perform the omitted act is otherwise imposed by law.
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1977 S.B. 60, A.L. 2014 S.B. 491) Effective 1-01-17
Related Missouri laws
Attempt
RSMo 562.012
Conspiracy, offense of
RSMo 562.014
Culpable mental state
RSMo 562.016
Culpable mental state, application
RSMo 562.021
Culpable mental state, when not required
RSMo 562.026
Ignorance and mistake
RSMo 562.031
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.