Title 46 — Criminal Justice
42 chapters · 423 sections in this title.
A.S.C.A. § 46.3201 Voluntary act
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(a) A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act. (b) A “voluntary act” is: (1) a bodily movement performed while conscious as a result of effort or determination; or (2) an omission to perform an act of which the ac…
A.S.C.A. § 46.3202 Culpable mental state-Definition
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(a) Except under 46.3204, a person is not guilty of an offense unless he acts with a culpable mental state, that is, unless he acts purposely or knowingly or recklessly or with criminal negligence, as the statute defining the offense may require with respect to the conduct, the r…
A.S.C.A. § 46.3203 Culpable mental state-Application
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(a) If the definition of an offense prescribes a culpable mental state but does not specify the conduct, attendant circumstances or result to which it applies, the prescribed culpable mental state applies to each material element unless a contrary purpose plainly appears. (b) Exc…
A.S.C.A. § 46.3204 Culpable mental state-When not required
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A culpable mental state is not required: (1) if the offense is an infraction and no culpable mental state is prescribed by the law defining the offense; or (2) if the statute defining the offense clearly indicates a purpose to dispense with the require-ment of any culpable mental…
A.S.C.A. § 46.3205 Ignorance and mistake
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(a) A person is not relieved of criminal liability for conduct because he engages in that conduct under a mistaken belief of fact or law unless that mistake negatives the existence of the mental state required by the offense. (b) A person is not relieved of criminal liability for…
A.S.C.A. § 46.3206 Accountability for conduct
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A person with the required culpable mental state is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is criminally responsible, or both. History: 1979, PL 16-43 § 2.
A.S.C.A. § 46.3207 Responsibility for the conduct of another
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(a) A person is criminally responsible for the conduct of another when: (1) the statute defining the offense makes him responsible; or (2) either before or during the commission of an offense with the purpose of promoting the commission of an offense, he aids or agrees to aid or …
A.S.C.A. § 46.3208 Defense precluded
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It is no defense to any prosecution for an offense in which the criminal responsibility of the defendant is based upon the conduct of another that: (1) the other person has been acquitted or has not been convicted or has been convicted of some other offense or degree of offense o…
A.S.C.A. § 46.3209 Conviction of different degrees of offenses
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Except as otherwise provided, when 2 or more persons are criminally responsible for an offense which is divided into degrees, each person is guilty of that degree as is compatible with his own culpable mental state and with his own accountability for an aggravating or mitigating …
A.S.C.A. § 46.3210 Liability of corporations and unincorporated associations
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(a) A corporation is guilty of an offense if: (1) the conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; (2) the conduct constituting the offense is engaged in by an agent of the corpora…
A.S.C.A. § 46.3211 Liability of individual for conduct on behalf of corporation or unincorporated association
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A person is criminally liable for conduct constituting an offense which he performs or causes to be performed in the name of or in behalf of a corporation or unincorporated association to the same extent as if the conduct were performed in his own name or behalf. History: 1979, P…
A.S.C.A. § 46.3212 Entrapment
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(a) The commission of acts which would otherwise constitute an offense is not criminal if the actor engaged in the prescribed conduct because he was entrapped by a law enforcement officer or a person acting in cooperation with such an officer. (b) An “entrapment” is perpetrated i…
A.S.C.A. § 46.3213 Duress
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(a) It is an affirmative defense that the defendant engaged in the conduct charged to constitute an offense because he was coerced to do so, by the use of or threatened imminent use of, unlawful physical force upon him or a 3d person, which force or threatened force a person of r…
A.S.C.A. § 46.3214 Intoxicated or drugged condition
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(a) A person who is in an intoxicated or drugged condition whether from alcohol, drugs, or other substance, is criminally responsible for conduct unless that condition: (1) negatives the existence of the mental states of purpose or knowledge when those mental states are elements …
A.S.C.A. § 46.3215 Nonliability of infants
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(a) Children under 10 years of age are conclusively presumed to be incapable of committing any crime. (b) Children between 10 and 14 years of age are conclusively presumed to be incapable of committing any crime, except for felonies, in which case the presumption is rebuttable. (…
A.S.C.A. § 46.3216 Lack of responsibility because of mental disease or defect
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(a) A person is not responsible for criminal conduct if at the time of the conduct as a result of mental disease or defect he did not know or appreciate the nature, quality, or wrongfulness of his conduct or was incapable of conforming his conduct to the requirements of law. (b) …