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A. A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or an omission to perform an act of which he is physically capable.

B. The possession of property is a voluntary act if the actor was aware of his physical possession of such property or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

C. For purposes of this section:

1. “Voluntary act” means a bodily movement performed consciously as a result of the actor’s effort or determination.

2. “Omission” means a failure to perform an act as to which a duty of performance is imposed by law. [Ord. 10912 § 3, 1997].