Wikipedia
In criminal law, an overt act (from the French adjective ouvert, open) is the one that can be clearly proved by evidence and from which criminal intent can be inferred, as opposed to a mere intention in the mind to commit a crime. Therefore, it is an act that, while innocent per se, can potentially be used as evidence against someone during a trial to show participation in a crime. For instance, the purchase of a ski mask, which can conceal identity, is an overt act in the planning of a bank robbery.
The term is more particularly employed in cases of treason, which must be demonstrated by some overt or open act.
This rule derives from the Treason Act 1695, passed by the Parliament of England and adopted by the United States in Article III, Section 3 of the United States Constitution, which provides that "No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court." In Cramer v. United States, the Supreme Court ruled that "every act, movement, deed, and word of the defendant charged to constitute treason must be supported by the testimony of two witnesses." In Haupt v. United States, however, the Supreme Court found that two witnesses are not required either to prove intent or to prove that an overt act is treasonable. The two witnesses, according to the decision, are required to prove only that the overt act occurred.
In criminal conspiracy cases, an overt act must frequently be proven to convict the defendants of the crime.
Usage examples of "overt act".
Yet even with this setback, Mara had established a barrierto an opponent's trade, but in such a way that no overt act orthreat was ever made.
An overt act of war has been committed against the United States of America.
Any overt act put them squarely with Toranaga against Ishido, which they should absolutely avoid in case Ishido was the eventual victor.
The offeree, when he drops the letter containing the counter-promise into the letter-box, does an overt act, which by general understanding renounces control over the letter, and puts it into a third hand for the benefit of the offerer, with liberty to the latter at any moment thereafter to take it.
A sub could take out a ship readily enough, but that would still be an overt act of war.
Its failure to be passed instigated the first overt act of violence by the Genyosha against the Meiji government, an attempted assassination of Tomomi Iwakura.
Belgium was obligated, as well as her guarantors, to preserve her own neutrality and could make no overt act until one was made against her.
If they're willing to commit an overt act of war, our frontier forces will be too light to stop them from hurting us badly wherever they finally do so.
And not when some tiny inner part of her needed to face the woman she had wronged in her heart even if she'd never committed a single overt act of betrayal.