In order to be held criminally liable for a failure to act, the defendant:

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In order to be held criminally liable for a failure to act, the defendant must have a legal duty to act. This means that there must be a law or statute requiring the defendant to take action in a specific situation, such as a duty to report child abuse. Without a legal duty to act, there can be no criminal liability for a failure to act. Moral duty or negligence may be relevant in civil cases, but not in criminal cases. Malice aforethought is a specific intent required for certain crimes, such as murder, but is not necessary for criminal liability for a failure to act. In order to be held criminally liable for a failure to act, the defendant must have a legal duty to act. This legal duty can arise from a special relationship with the victim, a contractual duty to act, or a statutory duty to act. Without a legal duty to act, the defendant cannot be held criminally liable for a failure to act.

In Order to Be Held Criminally Liable for a Failure