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Chapter 1 - General Provisions
§ 5-1-101. Title - This act shall be known as the “Arkansas Criminal Code”.
§ 5-1-102. Definitions - As used in the Arkansas Criminal Code: (1) “Act” or...
§ 5-1-103. Applicability to offenses generally - (a) The provisions of the Arkansas Criminal Code govern a...
§ 5-1-104. Territorial applicability - (a) A person may be convicted under a law of...
§ 5-1-105. Offenses — Court authority not limited - (a) An offense is conduct for which a sentence to...
§ 5-1-106. Felonies - (a) An offense is a felony if the offense is...
§ 5-1-107. Misdemeanors - (a) An offense is a misdemeanor if the offense is:...
§ 5-1-108. Violations - (a) An offense is a violation if the offense is...
§ 5-1-109. Statute of limitations - (a) (1) A prosecution for the following offenses may be...
§ 5-1-110. Conduct constituting more than one offense — Prosecution - (a) When the same conduct of a defendant may establish...
§ 5-1-111. Burden of proof — Defenses and affirmative defenses — Presumption - (a) Except as provided in subsections (b), (c), and (d)...
§ 5-1-112. Affirmative defense — Former prosecution for same offense - A former prosecution is an affirmative defense to a subsequent...
§ 5-1-113. Affirmative defense — Former prosecution for different offense - A former prosecution is an affirmative defense to a subsequent...
§ 5-1-114. Affirmative defense — Former prosecution in another jurisdiction - When conduct constitutes an offense within the concurrent jurisdiction of...
§ 5-1-115. Former prosecutions that are not affirmative defenses - A former prosecution is not an affirmative defense within the...
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...
Chapter 3 - Inchoate Offenses
Subchapter 1 - General Provisions
§ 5-3-101. Mitigation — Affirmative defense - It is an affirmative defense to a prosecution for criminal...
§ 5-3-102. Multiple convictions barred - A person may not be convicted of more than one...
§ 5-3-103. Solicitation and conspiracy — Defenses and claims that are not defenses - (a) It is a defense to a prosecution for solicitation...
Subchapter 2 - Criminal Attempt
§ 5-3-201. Conduct constituting attempt - (a) A person attempts to commit an offense if he...
§ 5-3-202. Complicity - (a) A person attempts to commit an offense if, with...
§ 5-3-203. Classification - A criminal attempt is a: (1) Class Y felony if...
§ 5-3-204. Renunciation - (a) (1) It is an affirmative defense to a prosecution...
Subchapter 3 - Criminal Solicitation
§ 5-3-301. Conduct constituting solicitation — Classification - (a) A person solicits the commission of an offense if,...
§ 5-3-302. Renunciation - It is an affirmative defense to a prosecution for criminal...
Subchapter 4 - Criminal Conspiracy
§ 5-3-401. Conduct constituting conspiracy - A person conspires to commit an offense if with the...
§ 5-3-402. Scope of conspiratorial relationship - If an actor knows or could reasonably expect that a...
§ 5-3-403. Multiple criminal objectives - If a person conspires to commit a number of criminal...
§ 5-3-404. Classification - Criminal conspiracy is a: (1) Class A felony if an...
§ 5-3-405. Renunciation of criminal purpose - It is an affirmative defense to a prosecution for conspiracy...
§ 5-3-406. Statute of limitations - (a) For the purposes of § 5-1-109, a conspiracy is...
§ 5-3-407. Venue for prosecution - A prosecution for criminal conspiracy may be brought in any...
Chapter 4 - Disposition of Offenders
§ 5-4-101. Definitions - As used in this chapter: (1) (A) “Imprisonment” means: (i)...
§ 5-4-102. Presentence investigation - (a) If punishment is fixed by the court, the court...
§ 5-4-103. Sentencing — Role of jury and court - (a) If a defendant is charged with a felony and...
§ 5-4-104. Authorized sentences generally - (a) No defendant convicted of an offense shall be sentenced...
§ 5-4-106. Extended post-conviction no contact order - (a) As used in this section: (1) “Extended post-conviction no...
§ 5-4-107. Extended supervision and monitoring for certain sex offenders - (a) (1) The Division of Correction within one hundred twenty...
§ 5-4-108. Sentencing for person who committed an offense when he or she was less than 18 years of age - A defendant shall not be sentenced to death or life...
§ 5-4-109. Sentencing for sex offense - A person who is convicted of an offense for which...
Subchapter 2 - Fines, Costs, and Restitution
§ 5-4-201. Fines — Limitations on amount - (a) A defendant convicted of a felony may be sentenced...
§ 5-4-202. Alternative sentence prohibited — Time of payment - (a) If the defendant is sentenced to pay a fine...
§ 5-4-204. Collection after default - (a) When a defendant sentenced to pay a fine or...
§ 5-4-205. Restitution - (a) (1) A defendant who is found guilty or who...
§ 5-4-206. Collection of unpaid restitution — Interception of state income tax returns - (a) As used in this section, “restitution order” means a...
Subchapter 3 - Suspension or Probation
§ 5-4-301. Crimes for which suspension or probation prohibited — Criteria for suspension or probation in other cases - (a) (1) A court shall not suspend imposition of sentence...
§ 5-4-302. Effect of noncode statutes - When a defendant who pleads or is found guilty of...
§ 5-4-303. Conditions of suspension or probation - (a) If a court suspends imposition of sentence on a...
§ 5-4-304. Confinement as condition of suspension or probation - (a) If a court suspends the imposition of sentence on...
§ 5-4-305. Effect on appeal - (a) If a court suspends imposition of sentence on a...
§ 5-4-306. Time period generally - If a court suspends imposition of sentence on a defendant...
§ 5-4-307. Time period — Calculation - (a) Except as provided in subsection (c) of this section,...
§ 5-4-312. Presentence investigation — Placement in a community correction program - (a) (1) A court may require that either a presentence...
§ 5-4-313. Placement in a drug treatment program — Drug court alternative - If a judicial district has one (1) or more of...
§ 5-4-320. Certain convicted felons to observe operations of correctional facility - (a) Any person who pleads guilty or nolo contendere or...
§ 5-4-321. Judgment in certain misdemeanor traffic cases — Postponement - (a) In a misdemeanor traffic case, other than a case...
§ 5-4-322. District court or city court — Probation — Fees and fines authorized - (a) (1) A district court or city court may: (A)...
§ 5-4-323. Additional conditions — High school diploma or high school equivalency diploma — Employment training - (a) (1) As an additional requirement for suspension of sentence...
Subchapter 4 - Imprisonment
§ 5-4-401. Sentence - (a) A defendant convicted of a felony shall receive a...
§ 5-4-402. Place of imprisonment - (a) Except as provided in §§ 5-4-304 and 16-93-708, a...
§ 5-4-403. Multiple sentences — Concurrent and consecutive terms - (a) When multiple sentences of imprisonment are imposed on a...
§ 5-4-404. Credit for time spent in custody - If a defendant is held in custody for conduct that...
Subchapter 5 - Extended Term of Imprisonment
§ 5-4-501. Habitual offenders — Sentencing for felony - (a) (1) A defendant meeting the following criteria may be...
§ 5-4-502. Habitual offenders — Sentencing procedure - The following procedure governs a trial at which a sentence...
§ 5-4-503. Habitual offenders — Previous conviction in another jurisdiction - For purposes of § 5-4-501, a conviction or finding of...
§ 5-4-504. Habitual offenders — Proof of previous conviction - (a) A previous conviction or finding of guilt of a...
Subchapter 6 - Trial and Sentence — Capital Murder
§ 5-4-601. Legislative intent - (a) In enacting this subchapter, it is the intent of...
§ 5-4-602. Capital murder charge — Trial procedure - The following procedures govern a trial of a person charged...
§ 5-4-603. Findings required for death sentence — Harmless error review - (a) The jury shall impose a sentence of death if...
§ 5-4-604. Aggravating circumstances - An aggravating circumstance is limited to the following: (1) The...
§ 5-4-605. Mitigating circumstances - A mitigating circumstance includes, but is not limited to, the...
§ 5-4-606. Life imprisonment without parole - A person sentenced to life imprisonment without parole shall: (1)...
§ 5-4-607. Application for executive clemency — Regulations - (a) The pardon of a person convicted of capital murder,...
§ 5-4-608. Waiver of death penalty - (a) If a defendant is charged with capital murder, with...
§ 5-4-615. Conviction — Punishments - A person convicted of a capital offense shall be punished...
§ 5-4-616. Procedures following remand of capital case after vacation of death sentence — Retroactive application - (a) Notwithstanding § 5-4-602(3) that requires that the same jury...
§ 5-4-617. Method of execution - (a) The Division of Correction shall carry out the sentence...
§ 5-4-618. Defendants with intellectual disabilities - (a) (1) As used in this section, “intellectual disabilities” means:...
Subchapter 7 - Enhanced Penalties for Certain Offenses
§ 5-4-701. Definitions - As used in this subchapter: (1) “Child” means a person...
§ 5-4-702. Enhanced penalties for offenses committed in presence of a child - (a) A person who commits any of the following offenses...
§ 5-4-703. Additional fine — Offense committed against a child or in the presence of a child - (a) In addition to any other sentence, the court shall...
§ 5-4-704. Sentence enhancement for offense targeting current or former law enforcement officer, first responder, or family member of current or former law enforcement officer or first responder - (a) A person is subject to an enhanced sentence under...
§ 5-4-705. Sentence enhancement for offense targeting railroad or public transit employee - (a) A person is subject to an enhanced sentence under...
§ 5-4-706. Local cybercrime fee - (a) As used in this section, “applicable felony” means: (1)...
§ 5-4-707. Additional term of imprisonment for offense constituting violence against church or other place of worship - (a) As used in this section, “serious felony involving violence”...
Subchapter 8 - Sentencing Alternative — Community Service Work
§ 5-4-801. Definitions - As used in this subchapter: (1) “Community work project” means...
§ 5-4-802. Rules - The Board of Corrections shall promulgate necessary rules to be...
§ 5-4-803. Procedure - (a) A court may sentence an eligible offender under this...
§ 5-4-804. Medical treatment and costs - The state is responsible for the cost of medical treatment...
§ 5-4-805. Reimbursement for housing eligible offenders - The state shall reimburse a county for housing an eligible...
Subchapter 9 - Sentencing Alternative — Pre-adjudication Probation
§ 5-4-901. Legislative intent - The intent of this act is to provide the judiciary...
§ 5-4-902. Definitions - As used in this subchapter, “pre-adjudication” means the period of...
§ 5-4-903. Program authorized - (a) (1) Each judicial district of this state may establish...
§ 5-4-904. Eligibility - (a) The judicial district in which a person is charged...
§ 5-4-905. Sanctions - (a) (1) A pre-adjudication probation program judge may impose sanctions...
§ 5-4-906. Record sealing upon completion - (a) A pre-adjudication probation program judge, on his or her...
§ 5-4-907. Cost, fees, and restitution - (a) The pre-adjudication probation program judge may order the offender...
§ 5-4-908. Program operation - (a) (1) A pre-adjudication probation program may require a separate...
§ 5-4-909. Administrative Office of the Courts - The Administrative Office of the Courts shall: (1) Serve as...
§ 5-4-910. Disposition of court costs and user fees - (a) All court costs and pre-adjudication probation program user fees...
§ 5-4-911. Required resources - Each pre-adjudication probation program established under this subchapter, subject to...
§ 5-4-912. Collection of data — Reporting requirement - (a) (1) A pre-adjudication probation program shall collect and provide...
§ 5-4-913. Education screening - A person eligible to enter a pre-adjudication program under this...
Chapter 5 - Disposition of Contraband and Seized Property
§ 5-5-101. Disposition of contraband and seized property - (a) Any seized property shall be returned to the rightful...
§ 5-5-102. Effect of noncode statutes - When a statute not a part of the Arkansas Criminal...
Subchapter 2 - Forfeiture of Conveyances Used in Commission of Certain Crimes
§ 5-5-201. Forfeiture requirement — Exceptions - (a) Upon conviction, any conveyance, including an aircraft, motor vehicle,...
§ 5-5-202. Seizure of conveyances - (a) A conveyance subject to forfeiture under this subchapter may...
§ 5-5-203. Control of seized conveyances - (a) When a conveyance is seized under this subchapter, the...
§ 5-5-204. Use or sale of conveyances — Disposition of sale proceeds - (a) (1) (A) Upon conviction and a hearing, when the...
Subchapter 3 - Forfeiture of Property Due to Theft of Livestock
§ 5-5-301. Definitions - As used in this subchapter: (1) (A) “Contraband property” means...
§ 5-5-302. Property subject to forfeiture - (a) The following property is subject to forfeiture pursuant to...
§ 5-5-303. Petition for forfeiture — Order - (a) (1) The prosecuting attorney of the judicial district within...
§ 5-5-304. Disposition of forfeited property - (a) Subject to the provisions of subsection (c) of this...
§ 5-5-305. Disposition of proceeds - (a) The proceeds of any sale pursuant to § 5-5-304...
§ 5-5-306. When more than one agency involved - (a) If more than one (1) law enforcement agency is...
Subchapter 4 - Forfeiture of Weapons and Ammunition
§ 5-5-401. Definitions - As used in this subchapter, “weapon” means any firearm, bomb,...
§ 5-5-402. Transfer to State Crime Laboratory - (a) (1) Notwithstanding any other provision of this chapter, a...
§ 5-5-403. Authority of State Crime Laboratory to receive - The State Crime Laboratory may: (1) Receive a weapon or...
§ 5-5-404. Receipts - (a) (1) When any weapon or ammunition is transferred and...
§ 5-5-405. Destruction - When the Executive Director of the State Crime Laboratory determines...
Subchapter 5 - Impoundment of Motor Vehicle Due to Prostitution Offense
§ 5-5-501. Motor vehicle impoundment - (a) An arresting law enforcement officer may impound the motor...