Title 5 — Criminal Offenses
54 chapters · 1,112 sections in this title.
Ark. Code Ann. § 5-10-101 Capital murder
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(a) A person commits capital murder if:(1) Acting alone or with one (1) or more other persons:(A) The person commits or attempts to commit:(i) Terrorism, as defined in § 5-54-205;(ii) Rape, § 5-14-103;(iii) Capital rape, § 5-14-114;(iv) Kidnapping, § 5-11-102;(v) Vehicular piracy…
Ark. Code Ann. § 5-10-102 Murder in the first degree
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(a) A person commits murder in the first degree if:(1) Acting alone or with one (1) or more other persons:(A) The person commits or attempts to commit a felony or a violation of the Uniform Controlled Substances Act, §§ 5-64-101 — 5-64-508, involving an actual delivery of a contr…
Ark. Code Ann. § 5-10-103 Murder in the second degree
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(a) A person commits murder in the second degree if:(1) The person knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; or(2) With the purpose of causing serious physical injury to another person, the person…
Ark. Code Ann. § 5-10-104 Manslaughter
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(a) A person commits manslaughter if:(1) (A) The person causes the death of another person under circumstances that would be murder, except that he or she causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse.(B) The reasonable…
Ark. Code Ann. § 5-10-105 Negligent homicide
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(a) (1) A person commits negligent homicide if he or she negligently causes the death of another person, not constituting murder or manslaughter, as a result of operating a vehicle, an aircraft, or a watercraft:(A) While intoxicated;(B) (i) If at that time there is an alcohol con…
Ark. Code Ann. § 5-10-106 Physician-assisted suicide
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(a) (1) As used in this section, “physician-assisted suicide” means a physician or healthcare provider participating in a medical procedure or knowingly prescribing any drug, compound, or substance for the express purpose of assisting a patient to intentionally end the patient's …
Ark. Code Ann. § 5-10-107 Encouraging the suicide of another person
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(a) As used in this section, “encourage” means to persuade, incite, or urge. (b) A person commits the offense of encouraging the suicide of another person if:(1) The person uses persistent language, either spoken or written, to purposely encourage another person to commit suicide…
Ark. Code Ann. § 5-10-201 Definitions
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(1) As used as this subchapter:(1) “Cocaine” includes without limitation cocaine, an analog of cocaine that is a cocaine-related controlled substance, and any chemical structure modification to cocaine or a cocaine analog, including without limitation the isomers, esters, ethers,…
Ark. Code Ann. § 5-10-202 Aggravated death by delivery
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(a) A person commits the offense of aggravated death by delivery if:(1) (A) He or she knowingly delivers or conveys fentanyl to another person; and(B) The injection, ingestion, inhalation, or other introduction of the fentanyl, including any adulterants or diluents, is the cause …
Ark. Code Ann. § 5-10-203 Death by delivery in the first degree
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(a) A person commits the offense of death by delivery in the first degree if:(1) He or she knowingly delivers or conveys methamphetamine, heroin, or cocaine to another person; and(2) The injection, ingestion, inhalation, or other introduction of the methamphetamine, heroin, or co…
Ark. Code Ann. § 5-10-204 Death by delivery in the second degree
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(a) A person commits the offense of death by delivery in the second degree if:(1) He or she knowingly delivers or conveys to another person:(A) A controlled substance that is not fentanyl, methamphetamine, heroin, or cocaine; or(B) A counterfeit substance; and(2) The injection, i…
Ark. Code Ann. § 5-10-205 Effect of subchapter on Joshua Ashley-Pauley Act
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This subchapter does not restrict or interfere with the rights and immunities provided in the Joshua Ashley-Pauley Act, § 20-13-1701 et seq.
Ark. Code Ann. § 5-10-206 Exemptions
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(1) The following are not offenses under this subchapter:(1) An individual practitioner acting in the usual course of professional practice issuing a valid prescription for a controlled substance for a legitimate medical purpose;(2) A pharmacy, pharmacist, or an individual practi…
Ark. Code Ann. § 5-10-207 Consensual ingestion not a defense
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It is not a defense to a prosecution under this subchapter that a person knowingly and voluntarily consented to the injection, ingestion, inhalation, or other introduction of the controlled substance or counterfeit substance.
Ark. Code Ann. § 5-10-208 Penalties not exclusive
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This subchapter and the criminal penalties provided in this subchapter are in addition to any other criminal penalty a person may be subject to under the Arkansas Criminal Code or the Uniform Controlled Substances Act, § 5-64-101 et seq.
Ark. Code Ann. § 5-10-209 Factors considered when determining whether person possessed controlled substance for personal use
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(1) For purposes of this subchapter, possession of a controlled substance or counterfeit substance for personal use may be demonstrated through the consideration of certain factors, including without limitation:(1) The person does not possess the means to weigh, separate, or pack…
Ark. Code Ann. § 5-10-210 Accomplice liability
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An individual who is an accomplice under § 5-2-403 to the delivery or conveyance in aggravated death by delivery, § 5-10-202, death by delivery in the first degree, § 5-10-203, or death by delivery in the second degree, § 5-10-204, is an accomplice for the purposes of an offense …