Concurrence in criminal law refers to what?

• A. The act must be proven by a witness.
• B. The mental state is irrelevant to the act.
• C. The act and the accompanying mental state must occur together for a crime to be proven.
• D. The act alone determines guilt.

Answer: (C)

Concurrence means the mental state that makes an act criminal must exist at the same time the act is performed. In other words, the prohibited conduct (the act) and the culpable mindset (the mens rea) must be linked in time for a crime to be proven. If the person intends to commit a crime but never performs the prohibited act, there’s typically no offense. If the person performs the act but without the required mental state, the offense may not apply unless the statute makes the act illegal regardless of intent. This is why the idea that the act and the accompanying mental state must occur together is central to most criminal liability.