California POST Training Practice Test

What does Penal Code section 20 state is required in every crime or public offense?

1. Intent and act must both be present

2. A written confession must exist

3. A witness must verify the crime

4. Only the act itself is necessary

The correct answer is: Intent and act must both be present

Penal Code section 20 establishes that for a crime or public offense to occur, there must be both an intent to commit the crime (mens rea) and an act (actus reus) that is in violation of the law. This principle is fundamental in criminal law, as it outlines that a person cannot be held criminally liable without the combination of a guilty mind and a criminal action. This requirement ensures that individuals are not punished for thoughts or intentions alone, but rather for actual conduct that violates established laws. By affirming the need for both elements, the law promotes a fair justice system that considers the mental state of an individual alongside their actions, thus preventing the penalization of mere thoughts or unexecuted plans. The other answer choices suggest requirements that are not foundational to the structure of criminal offenses in California law. A written confession is not necessary for establishing guilt; it is simply one form of evidence. Similarly, the need for a witness verification does not negate the necessity of intent and action in the commission of a crime. Lastly, stating that only the act itself is necessary ignores the fundamental principle that intent is a critical component of criminal liability.