One law that can often be at the center of a criminal case is Texas Penal Code Section 6.01, which defines the terms "voluntary act," "omission," and "possession" within the context of criminal activity.
Subsection (a) of Section 6.01 states that an offense must involve an act, omission, or possession. An act is defined as a "voluntary bodily movement," while an omission is the failure to perform an act required by law. Possession is defined as the knowing obtaining, receiving, or control of an object for a sufficient amount of time to allow the possessor to terminate their control.
Subsection (b) provides additional context for possession, explaining that it must be a voluntary act on the part of the possessor. They must knowingly obtain or receive the object or be aware of their control over it for a sufficient amount of time. If the possession was not voluntary, it may not meet the requirements for a criminal offense. Finally, Subsection (c) clarifies that an omission to perform an act is not necessarily an offense unless a law specifies that the omission is a criminal offense or creates a legal duty to perform the act.
Understanding the nuances of Section 6.01 can be crucial in building a strong defense. For example, if your client was in possession of an object but did not knowingly obtain it or was not aware of their control over it, their possession may not meet the requirements for a criminal offense.
In Brown v. State, a case decided by the Court of Criminal Appeals in 2002, a person who was charged with possession of marijuana in a jail argued he had not committed a voluntary act because the police brought him to the jail. The court ruled against him, concluding that the evidence was sufficient to establish that he voluntarily took marijuana into the jail. The court reiterated that "'voluntariness,' within the meaning of section 6.01(a), refers only to one's physical bodily movements," and that the term "voluntarily" means "the absence of an accidental act, omission or possession." Brown v. State, 89 S.W.3d 630, 633 (Tex. Crim. App. 2002).
Sec. 6.01. REQUIREMENT OF VOLUNTARY ACT OR OMISSION. (a) A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession. (b) Possession is a voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control. (c) A person who omits to perform an act does not commit an offense unless a law as defined by Section 1.07 provides that the omission is an offense or otherwise provides that he has a duty to perform the act.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975 and 1993.