overt act

overt act
An act carrying an intent into effect. An open act; a physical act, as distinguished from an act of the mind; an act done pursuant to a formed intent, design, plan, or conspiracy. An act demonstrating a purpose and committed without attempt at concealment. In criminal assault:–a demonstration consisting of an attempt or offer to do injury to the person of another, 6 Am J2d Asslt & B § 22, exciting fear of immediate personal harm or disgrace. Merritt v Commonwealth, 164 Va 653, 180 SE 395. In homicide:–an open act, indicating a present purpose to do immediate great bodily harm. Johnson v State, 125 Tenn 265, 143 SW 1134. For the purposes of a conspiracy:–an act performed for the purpose of carrying out the conspiracy, a step toward its execution, and a manifestation that the conspiracy is at work. 16 Am J2d Consp § 11. Although intent sometimes may make criminal an otherwise innocent act, the law is not concerned with mere guilty intention, unconnected with any overt act or outward manifestation. People v Belcastro, 356 Ill 144, 190 NE 301, 92 ALR 1223.

Ballentine's law dictionary. . 1998.

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  • overt act — /ō vərt , ō ˌvərt / n 1: an act directed toward another person that indicates an intent to kill or harm and that justifies self defense 2: an outward act that is done in furtherance of a conspiracy, of treason, or of the crime of attempt and that …   Law dictionary

  • Overt act — In criminal law, an overt act (from the French adjective ouvert, open), an open act, one that can be clearly proved by evidence, and from which criminal intent can be inferred, as opposed to a mere intention in the mind to commit a crime.… …   Wikipedia

  • Overt Act — In criminal law, an Overt act (from French ouvert ,open,adj.), an open act, one that can be clearly proved by evidence, and from which criminal intent can be inferred, as opposed to a mere intention in the mind to commit a crime. Therefore, it is …   Wikipedia

  • overt act — noun : an outward act done in pursuance and manifestation of an intent or design that is not punishable in itself without such act: a. : an act done in actual preparation for the illegal object and thereby sufficing for conviction b. under the… …   Useful english dictionary

  • overt act — Synonyms and related words: accomplished fact, accomplishment, achievement, act, acta, action, adventure, blow, coup, dealings, deed, doing, doings, effort, endeavor, enterprise, exploit, fait accompli, feat, gest, go, hand, handiwork, job,… …   Moby Thesaurus

  • overt — o vert ([=o]*v[ e]rt or [=o] v[ e]rt), a. [OF. overt, F. ouvert, p. p. of OF. ovrir, F. ouvrir, to open, of uncertain origin; cf. It. aprire, OIt. also oprire, L. aperire to open, operire to cover, deoperire to uncover. Perh. from L. aperire… …   The Collaborative International Dictionary of English

  • act — 1 n 1 a: something done by a person in accordance with his or her free will a tortious act see also actus reus b: the failure to do something that one has a legal duty to do – called also negative act; 2 a …   Law dictionary

  • overt — Open; manifest; public; issuing in action, as distinguished from that which rests merely in intention or design. Market overt. See market @ overt act An open, manifest act from which criminality may be implied. An outward act done in pursuance… …   Black's law dictionary

  • act — Synonyms and related words: accomplish, accomplished fact, accomplishment, achieve, achievement, acquit, act, act a part, act as, act as foil, act out, acta, acting, action, actions, activism, activity, acts, address, adventure, affect,… …   Moby Thesaurus

  • act out — ( )akt au̇t vt to express (as an impulse or a fantasy) directly in overt behavior without modification to comply with social norms <act out an adolescent fantasy> vi to behave badly or in a socially unacceptable often self defeating manner… …   Medical dictionary

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