1. 1. A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act.

2. 2. A "voluntary act" is

   1. (1) A bodily movement performed while conscious as a result of effort or determination; or
   2. (2) An omission to perform an act of which the actor is physically capable.
3. 3. Possession is a voluntary act if the possessor knowingly procures or receives the thing possessed, or having acquired control of it was aware of his control for a sufficient time to have enabled him to dispose of it or terminate his control.
4. 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.

(L. 1977 S.B. 60)

Effective 1-01-79

*This section was amended by S.B. 491, 2014, effective 1-01-17. Due to the delayed effective date, both versions of this section are printed here.