Can a failure to act be a felony?
MultiRegion, United States of America
The following excerpt is from Cohen v. United States, 378 F.2d 751 (9th Cir. 1967):
6 Subject to the constitutional limitation that failure to act may be punished as a felony only if there is proof that the accused knew, or probably knew, there was a duty to act and a penalty imposed for failure to discharge the duty, or was aware of circumstances which should have moved him to inquire. Lambert v. People of State of California, 355 U.S. 225, 78 S.Ct. 240, 2 L.Ed.2d 228 (1957).
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