December 19, 2025 | Criminal Law
Many criminal offenses in Kentucky are built around four core concepts: mens rea, actus reus, causation, and concurrence. Each of these must be proven by the prosecution beyond a reasonable doubt before someone can be convicted of a crime.
Learning about these concepts can help you better comprehend how criminal liability works and why an experienced defense attorney can make such a difference in your case.
1. Mens Rea: The Mental State
The first element of a crime is mens rea, which is Latin for “guilty mind.” It refers to the defendant’s mental state or intent at the time of the alleged offense.
In Kentucky, mens rea is defined by KRS § 501.020, which identifies four levels of culpable mental states:
- Intentionally: The defendant’s conscious objective was to cause a particular result.
- Knowingly: The defendant was aware that their conduct was of a particular nature.
- Wantonly: The defendant was aware of and consciously disregarded a substantial and unjustifiable risk.
- Recklessly: The defendant failed to recognize a risk that a reasonable person would have noticed.
The level of intent required depends on the specific offense. For example, first-degree assault requires proof that the defendant acted intentionally to cause serious injury, while reckless homicide only requires proof that the defendant acted recklessly.
2. Actus Reus: The Criminal Act
The second element is actus reus, which means “guilty act.” This refers to the actual behavior that violates the law. A person cannot be convicted of a crime simply for having a bad thought; there must be an action or omission that breaches a legal duty.
Actus reus can take several forms, such as:
- Committing a prohibited act (such as theft)
- Failing to act when there is a legal duty to do so (like a parent neglecting to feed their child)
- Possessing illegal items (such as controlled substances)
To satisfy this element, the act must generally be voluntary.
3. Causation: The Link Between Act and Result
Causation connects the defendant’s conduct to the resulting harm. It ensures that the criminal act directly caused the prohibited outcome. In other words, there must be a clear and logical relationship between what the defendant did (the actus reus) and the harm that occurred.
In Kentucky, causation has two parts:
- Factual causation (“but for” cause): The result would not have occurred but for the defendant’s actions.
- Legal (proximate) causation: The harm must be a foreseeable consequence of the defendant’s actions.
Causation prevents defendants from being held criminally liable for outcomes that are too remote and/or disconnected from their conduct.
4. Concurrence: The Union of Act and Intent
The fourth and final element of a crime is concurrence, meaning that the mens rea (mental state) and the actus reus (criminal act) must occur together. The defendant must have the guilty mind at the same time they commit the guilty act.
Concurrence ensures that a person cannot be punished for an act that wasn’t driven by a culpable state of mind at the time it occurred. It’s one of the key principles that separates criminal law from civil liability as well.
Contact a Lexington Criminal Defense Attorney at Suhre & Associates DUI and Criminal Defense Lawyers for a Free Consultation
Knowing the four elements of a crime can be crucial to protecting your rights when facing criminal charges. The prosecution’s case must be airtight; and if it isn’t, you deserve an attorney who can expose those flaws.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers. Give us a call today at (859) 569-4014 or visit us at our Lexington law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Lexington
333 West Vine Street #212,
Lexington, KY 40507
(859) 569-4014