{"data":{"id":"us-mt/45-2-202","jurisdiction":"us-mt","citation":"45-2-202","heading":"Voluntary act.","body":"A material element of every offense is a voluntary act, which includes an omission to perform a duty that the law imposes on the offender and that the offender is physically capable of performing, except for deliberate homicide under 45-5-102(1)(b) for which there must be a voluntary act only as to the underlying felony. Possession is a voluntary act if the offender knowingly procured or received the thing possessed or was aware of the offender's control of the thing for a sufficient time to have been able to terminate control.","path":["TITLE 45. CRIMES","CHAPTER 2. GENERAL PRINCIPLES OF LIABILITY","Part 2. Other Factors Affecting Individual Liability"],"source_url":"https://mca.legmt.gov/bills/mca/title_0450/chapter_0020/part_0020/section_0020/0450-0020-0020-0020.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:28Z","sha256":"74c839aff774755b0ec3ddc9afea8e8fd8a41b040c3e035269b815ddbac5ff57","source_id":"us-mt","stale":false,"prev":"us-mt/45-2-201","next":"us-mt/45-2-203"},"notice":"GroundRules: Original legal text. Not legal advice."}