§ 12A.04.010. Requirement of a voluntary act—Possession as an act.

A.

A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or an omission to perform an act of which he is physically capable.

B.

The possession of property is a voluntary act if the actor was aware of his physical possession of such property or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

C.

For purposes of this section:

1.

"Voluntary act" means a bodily movement performed consciously as a result of the actor's effort or determination.

2.

"Omission" means a failure to perform an act as to which a duty of performance is imposed by law.

(Ord. 102843 § 12A.02.010, 1973.)