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If a defendant were able to establish that his act of violating a strict liability crime was the result of an unforeseen occurrence or circumstance, which was not caused by him and which he could not prevent, that such would constitute a valid defense to the charge. In the New York case of People v. Shaughnessy, 66 Misc.2d 19, 319 N.Y.S.2d 626 (1971), it was held that a defendant could not be found guilty of violating an ordinance prohibiting entry upon private property because the defendant was merely a passenger in the trespassing car and the state's evidence failed to show an overt voluntary act of omission by the defendant.


In the case of State v. Kremer, 262 Minn. 190, 114 N.W.2d 88 (1962), the Minnesota Supreme Court held that a defendant could not be guilty of violating a city ordinance requiring all traffic to stop at a flashing red light when the evidence showed that defendant's brakes failed with no prior warning to the defendant. Again, the court found no overt voluntary act on the part of the defendant. See also State v. Binders, 24 Conn. Supp. 214, 189 A.2d ...

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