Concurrence in criminal law means which of the following?

• A. The act and the mental state must occur separately
• B. The mental state must exist after the act completes
• C. The act and the mental state must occur together
• D. Concurrence is not required for crimes

Answer: (C)

Concurrence means the mental state that makes an act illegal must exist at the same moment as the prohibited conduct. In practice, the intent or awareness behind the crime has to accompany the act when it occurs. If someone forms the intent earlier or later but the act happens without that mental state present at the time, there isn’t concurrence and the crime typically can’t be proven. So the idea that the act and the mental state must occur together is the essential point. For example, deliberately striking someone during an assault combines the act (the strike) with the required mental state (intent to harm) at the same moment.