(a)
(1) It is an affirmative defense to a prosecution that at the time the defendant engaged in the conduct charged he or she lacked criminal responsibility.
(2) When the affirmative defense of lack of criminal responsibility is presented to a jury, prior to deliberations the jury shall be instructed regarding the disposition of a defendant acquitted due to the defendant's lack of criminal responsibility as described under § 5-2-314.
(b) When a defendant is acquitted on a ground of lack of criminal responsibility, the verdict and judgment shall state that the defendant was acquitted on a ground of lack of criminal responsibility.
Structure Arkansas Code
Subtitle 1 - General Provisions
Chapter 2 - Principles of Criminal Liability
Subchapter 3 - Mental Disease or Defect
§ 5-2-302. Lack of fitness to proceed generally
§ 5-2-303. Admissibility of evidence to show mental state
§ 5-2-306. Access to defendant by examiners of his or her choice
§ 5-2-307. Admissibility of statements made during examination or treatment
§ 5-2-308. Expert witnesses — Mental health examiner
§ 5-2-309. Determination of fitness to proceed
§ 5-2-310. Lack of fitness to proceed — Procedures subsequent to finding
§ 5-2-311. Lack of fitness to proceed — Motions without defendant's personal participation
§ 5-2-312. Lack of criminal responsibility — Affirmative defense
§ 5-2-313. Acquittal based on lack of criminal responsibility report
§ 5-2-314. Acquittal — Examination of defendant — Hearing
§ 5-2-315. Discharge or conditional release
§ 5-2-316. Conditional release — Subsequent discharge, modification, or revocation
§ 5-2-317. Jurisdiction and venue
§ 5-2-326. Restraint of an Arkansas State Hospital patient
§ 5-2-327. Examination of defendant — Fitness to proceed
§ 5-2-328. Examination of defendant — Affirmative defense of lack of criminal responsibility
§ 5-2-330. Examination by Division of Correction prohibited
§ 5-2-331. Cost of mental health services, examination, and treatment of defendant