Chapter 5: DEFENSES AND AFFIRMATIVE DEFENSES; JUSTIFICATION
§103-B. Involuntary conduct
1. It is a defense that, when a person causes a result or engages in forbidden conduct, the person's act or omission to act
is involuntary.
[
1999, c. 195, §2 (NEW)
.]
2. An omission to act is involuntary if the person fails to perform an act and:
A. The person is not capable of performing the act; [1999, c. 195, §2 (NEW).]
B. The person has no legal duty to perform the act; or [1999, c. 195, §2 (NEW).]
C. The person has no opportunity to perform the act. [1999, c. 195, §2 (NEW).]
[
1999, c. 195, §2 (NEW)
.]
3. Possession of something is involuntary if the person:
A. Did not knowingly procure or receive the thing possessed; or [1999, c. 195, §2 (NEW).]
B. Was not aware of the person's control of the possession for a sufficient period to have been able to terminate the person's
possession of the thing. [1999, c. 195, §2 (NEW).]
[
1999, c. 195, §2 (NEW)
.]
SECTION HISTORY
1999, c. 195, §2 (NEW).
Data for this page extracted on 03/09/2010 04:26:36.