Arkansas Code
Subtitle 1 - General Provisions
Chapter 2 - Principles of Criminal Liability

Subchapter 2 - Culpability

§ 5-2-201. Definitions generally - As used in the Arkansas Criminal Code: (1) “Act” means...

§ 5-2-202. Culpable mental states — Definitions - As used in the Arkansas Criminal Code, there are four...

§ 5-2-203. Culpable mental states — Interpretation of statutes - (a) If a statute defining an offense prescribes a culpable...

§ 5-2-204. Elements of culpability — Exceptions to culpable mental state requirement - (a) A person does not commit an offense unless his...

§ 5-2-205. Causation - Causation may be found when the result would not have...

§ 5-2-206. Ignorance or mistake - (a) It is a defense to a prosecution that the...

§ 5-2-207. Intoxication - (a) Intoxication that is not self-induced intoxication is an affirmative...

§ 5-2-208. Duress - (a) It is an affirmative defense to a prosecution that...

§ 5-2-209. Entrapment - (a) It is an affirmative defense that the defendant was...

Subchapter 3 - Mental Disease or Defect

§ 5-2-301. Definitions - As used in this subchapter: (1) “Appropriate facility” means any...

§ 5-2-302. Lack of fitness to proceed generally - (a) No person who lacks the capacity to understand a...

§ 5-2-303. Admissibility of evidence to show mental state - Evidence that the defendant suffered from a mental disease or...

§ 5-2-304. Notice requirement - (a) When a defendant intends to raise lack of criminal...

§ 5-2-306. Access to defendant by examiners of his or her choice - When a defendant desires to be examined by one (1)...

§ 5-2-307. Admissibility of statements made during examination or treatment - A statement made by a person during an examination or...

§ 5-2-308. Expert witnesses — Mental health examiner - (a) (1) At a hearing concerning a defendant's lack of...

§ 5-2-309. Determination of fitness to proceed - (a) If the defendant's fitness to proceed becomes an issue...

§ 5-2-310. Lack of fitness to proceed — Procedures subsequent to finding - (a) (1) (A) If the court determines that a defendant...

§ 5-2-311. Lack of fitness to proceed — Motions without defendant's personal participation - The fact that the defendant lacks fitness to proceed does...

§ 5-2-312. Lack of criminal responsibility — Affirmative defense - (a) (1) It is an affirmative defense to a prosecution...

§ 5-2-313. Acquittal based on lack of criminal responsibility report - (a) On the basis of the report filed under §...

§ 5-2-314. Acquittal — Examination of defendant — Hearing - (a) When a defendant is acquitted due to the defendant's...

§ 5-2-315. Discharge or conditional release - (a) (1) (A) When the Secretary of the Department of...

§ 5-2-316. Conditional release — Subsequent discharge, modification, or revocation - (a) (1) The Secretary of the Department of Human Services...

§ 5-2-317. Jurisdiction and venue - (a) A circuit court has exclusive jurisdiction over a person...

§ 5-2-326. Restraint of an Arkansas State Hospital patient - (a) If necessary for security, an Arkansas State Hospital patient...

§ 5-2-327. Examination of defendant — Fitness to proceed - (a) (1) Any party or the court may raise the...

§ 5-2-328. Examination of defendant — Affirmative defense of lack of criminal responsibility - (a) (1) Subject to § 5-2-311, if and only if...

§ 5-2-329. Data to be maintained by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services - (a) (1) The Division of Aging, Adult, and Behavioral Health...

§ 5-2-330. Examination by Division of Correction prohibited - A defendant committed to and under the supervision of the...

§ 5-2-331. Cost of mental health services, examination, and treatment of defendant - (a) A person or entity that provides treatment or other...

Subchapter 4 - Parties to Offenses

§ 5-2-401. Criminal liability generally - A person may commit an offense either by his or...

§ 5-2-402. Liability for conduct of another generally - A person is criminally liable for the conduct of another...

§ 5-2-403. Accomplices - (a) A person is an accomplice of another person in...

§ 5-2-404. Defenses - (a) Unless otherwise provided by the statute defining the offense,...

§ 5-2-405. Claims that are not defenses to liability for another - In any prosecution for an offense in which the liability...

§ 5-2-406. Multiple convictions — Different degrees - When two (2) or more persons are criminally liable for...

Subchapter 5 - Organizations and Their Agents

§ 5-2-501. Definitions - As used in this subchapter: (1) “Agent” means any officer,...

§ 5-2-502. Liability of organizations - (a) An organization commits an offense if: (1) The organization...

§ 5-2-503. Liability of agents - (a) A person is criminally liable for any conduct constituting...

Subchapter 6 - Justification

§ 5-2-601. Definitions - As used in this subchapter: (1) “Common carrier” means any...

§ 5-2-602. Defense - In a prosecution for an offense, justification as defined in...

§ 5-2-603. Execution of public duty - (a) Conduct that would otherwise constitute an offense is justifiable...

§ 5-2-604. Choice of evils - (a) Conduct that would otherwise constitute an offense is justifiable...

§ 5-2-605. Use of physical force generally - The use upon another person of physical force that would...

§ 5-2-606. Use of physical force in defense of a person - (a) (1) A person is justified in using physical force...

§ 5-2-607. Use of deadly physical force in defense of a person - (a) A person is justified in using deadly physical force...

§ 5-2-608. Use of physical force in defense of premises - (a) A person in lawful possession or control of premises...

§ 5-2-609. Use of physical force in defense of property - A person is justified in using nondeadly physical force upon...

§ 5-2-610. Use of physical force by law enforcement officers - (a) A law enforcement officer is justified in using nondeadly...

§ 5-2-611. Use of physical force by private person aiding law enforcement officers - (a) A person is justified in using nondeadly physical force...

§ 5-2-612. Use of physical force in resisting arrest - Whether the arrest is lawful or unlawful, a person may...

§ 5-2-613. Use of physical force to prevent escape from correctional facility or custody of correctional officer - (a) Unless the correctional officer knows or reasonably should know...

§ 5-2-614. Use of reckless or negligent force - (a) When a person believes that the use of physical...

§ 5-2-615. Use of physical force by a pregnant woman in defense of her unborn child - (a) As used in this section: (1) “Pregnant” means the...

§ 5-2-620. Use of force to defend persons and property within home - (a) The right of an individual to defend himself or...

§ 5-2-622. Gambling debts and losses - It is no defense to a prosecution for a crime...