People v. Nelson

(Court opinion corrected 1/8/14.) Defendant, diagnosed with Tourette's syndrome and obsessive compulsive tendencies, was charged with telephone harassment. Where a bodily movement is not result of a defendant's volition or control, it is involuntary act for which defendant cannot be held criminally liable. Evidence, including testimony of Defendant and expert, does not show that Defendant acted voluntarily when making phone calls to victim. Defendant engaged in nonaction, not an action, in not taking his medication, and was thus not a voluntary act sufficient for criminal liability.(HOLDRIDGE and LYTTON, concurring.)