1. There must be an act or conduct (actus rea).
2. That act must be committed with intent (mens rea).
3. That act must produce social harm.
4. That act must be prohibited by law.
5. That act must be punishable by law.
6. That act must be voluntary or committed with capacity.
- 7. There must be a fusion or concurrence of the act and the intent
- (The conduct and intent must be connected. If your elderly neighbor asks for your help in moving some furniture and you “lift” some jewelry while there, you can’t be charged with trespassing or burglary, but can be charged with larceny.)
- 8. There must be a causal relationship between the conduct and the harm. (If someone is in the hospital because you hit them while driving drunk and then dies from medical misconduct, you can be charged with various DUI offenses but not homicide.)