Title 5 — Criminal Offenses

(1) As used in the Arkansas Criminal Code:(1) “Act” means a bodily movement and includes speech and the conscious possession or control of property;(2) “Act” as a verb means either to perform an act or to omit to perform an act;(3) “Conduct” means an act or omission and its accom…

(1) “Purposely.” As used in the Arkansas Criminal Code, there are four (4) kinds of culpable mental states that are defined as follows:(1) “Purposely.” A person acts purposely with respect to his or her conduct or a result of his or her conduct when it is the person's conscious o…

(a) If a statute defining an offense prescribes a culpable mental state and does not clearly indicate that the culpable mental state applies to less than all of the elements of the offense, the prescribed culpable mental state applies to each element of the offense. (b) Except as…

(a) A person does not commit an offense unless his or her liability is based on conduct that includes a voluntary act or the omission to perform an act that he or she is physically capable of performing. (b) A person does not commit an offense unless he or she acts with a culpabl…

(1) Causation may be found when the result would not have occurred but for the conduct of the defendant operating either alone or concurrently with another cause unless:(1) The concurrent cause was clearly sufficient to produce the result; and(2) The conduct of the defendant was …

(a) It is a defense to a prosecution that the actor engaged in the conduct charged to constitute the offense under a mistaken belief of fact if:(1) The statute defining the offense or a statute relating to the offense expressly provides that a mistaken belief of fact constitutes …

(a) Intoxication that is not self-induced intoxication is an affirmative defense to a prosecution if at the time a person engages in the conduct charged to constitute the offense the person lacks capacity to:(1) Conform his or her conduct to the requirements of the law; or(2) App…

(a) It is an affirmative defense to a prosecution that the actor engaged in the conduct charged to constitute an offense because the actor reasonably believed he or she was compelled to engage in the conduct by the threat or use of unlawful force against the actor's person or the…

(a) It is an affirmative defense that the defendant was entrapped into committing an offense. (b) (1) Entrapment occurs when a law enforcement officer or any person acting in cooperation with a law enforcement officer induces the commission of an offense by using persuasion or ot…

(a) As used in this section:(1) “Nonviolent criminal offense” means a criminal offense that does not constitute a violent crime as defined in § 16-90-1101; and(2) “Victim of trafficking of persons” means a person who has been subjected to trafficking of persons, § 5-18-103. (1) “…

(1) As used in this subchapter:(1) “Appropriate facility” means any facility within or without this state to which a defendant is eligible for admission and treatment for mental disease or defect;(2) “Compliance monitor” means either a social service representative or licensed so…

(a) No person who lacks the capacity to understand a proceeding against him or her or to assist effectively in his or her own defense as a result of mental disease or defect shall be tried, convicted, or sentenced for the commission of an offense so long as the incapacity endures…

Evidence that the defendant suffered from a mental disease or defect is admissible to prove whether the defendant had the kind of culpable mental state required for commission of the offense charged.

(a) When a defendant intends to raise lack of criminal responsibility as an affirmative defense in a prosecution or put in issue his or her fitness to proceed, the defendant shall notify the prosecutor and the court at the earliest practicable time. (b) Failure to notify the pros…

A.C.A. § 5-2-305Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

When a defendant desires to be examined by one (1) or more qualified physicians or other experts of his or her own choice, that qualified physician or other expert is permitted to have reasonable access to the defendant for the purpose of examination.

(1) A statement made by a person during an examination or treatment is admissible as evidence only:(1) To the extent permitted by the Arkansas Rules of Evidence; and(2) If the statement is constitutionally admissible. (1) To the extent permitted by the Arkansas Rules of Evidence;…

(a) (1) At a hearing concerning a defendant's lack of criminal responsibility or fitness to proceed, or upon trial, an examiner who conducted an examination under § 5-2-327 or § 5-2-328 may be called as a witness by the prosecution, the defendant, or the court.(2) If the examiner…

(a) If the defendant's fitness to proceed becomes an issue at any stage of the case, the issue of the defendant's fitness to proceed shall be determined by the court. (b) If neither party contests the finding of the report filed pursuant to § 5-2-327, the court may make the deter…

(a) (1) (A) If the court determines that a defendant lacks fitness to proceed, the proceeding against him or her shall be suspended and the court may commit the defendant to the custody of the Department of Human Services for restoration of fitness to proceed.(B) If the court det…

(1) The fact that the defendant lacks fitness to proceed does not preclude through counsel and without the personal participation of the defendant any motion upon:(1) A ground that the:(A) Indictment is insufficient;(B) Statute of limitations has run; or(C) Prosecution is barred …

(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…

(a) On the basis of the report filed under § 5-2-328 and after a hearing, if a hearing is requested, the court may enter judgment of acquittal on the ground of lack of criminal responsibility if the court is satisfied that the following criteria are met:(1) The defendant currentl…

(a) When a defendant is acquitted due to the defendant's lack of criminal responsibility, a circuit court is required to determine, and to include the determination in the order of acquittal, one (1) of the following:(1) The offense involved bodily injury to another person or ser…

(a) (1) (A) When the Secretary of the Department of Human Services or his or her designee determines that a person acquitted has recovered from his or her mental disease or defect to such an extent that his or her release or his or her conditional release under a prescribed regim…

(a) (1) The Secretary of the Department of Human Services or his or her designee or a person conditionally released under § 5-2-315, or both, may apply to the court ordering the conditional release for discharge from or modification of the order granting conditional release on th…

(a) A circuit court has exclusive jurisdiction over a person acquitted by reason of mental disease or defect and committed to the custody of the Secretary of the Department of Human Services pursuant to § 5-2-314(b). (b) Venue is determined as follows:(1) For a person committed t…

(a) Jail-based restoration services shall be permitted through telehealth. (b) Jail-based restoration services that involve procedures other than or in addition to telehealth services may be provided upon the consent of the county sheriff or the keeper, superintendent, or adminis…

A.C.A. § 5-2-325Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) If necessary for security, an Arkansas State Hospital patient shall be physically restrained with a restraint while being transported to locations away from hospital grounds or to and from any court appearance. (b) A patient shall not be physically restrained with a restraint…

(a) (1) (A) Any party, by written motion, or the court, on the court's own motion, may raise the issue of the defendant's fitness to proceed.(B) A written motion by the prosecuting attorney or defense counsel shall:(i) State that the motion for examination of the defendant is mad…

(a) (1) Subject to § 5-2-311, if and only if a defendant charged in circuit court files a notice of intent to raise the affirmative defense of lack of criminal responsibility under § 5-2-304, the circuit court shall immediately suspend any further proceedings.(2) When the defenda…

(a) (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall maintain a database of all examinations of defendants performed under this subchapter.(2) The database shall be maintained in a manner that enables it to generate report…

A defendant committed to and under the supervision of the Division of Correction who is charged in circuit court shall not undergo an examination or observation conducted under this subchapter by a psychiatrist or other mental health employee of the division to determine the ment…

(a) A person or entity that provides treatment or other mental health services under this subchapter may impose a charge for the cost of the treatment or other mental health services rendered. (b) A charge for the cost of treatment or other mental health services under this secti…

(a) The purpose of this section is to provide an additional setting for the provision of restorative treatment services in the least restrictive environment. (b) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services may establish and mai…

A person may commit an offense either by his or her own conduct or that of another person.

(1) A person is criminally liable for the conduct of another person if:(1) The person is made criminally liable for the conduct of another person by the statute defining the offense;(2) The person is an accomplice of another person in the commission of an offense; or(3) Acting wi…

(a) A person is an accomplice of another person in the commission of an offense if, with the purpose of promoting or facilitating the commission of an offense, the person:(1) Solicits, advises, encourages, or coerces the other person to commit the offense;(2) Aids, agrees to aid,…

(a) Unless otherwise provided by the statute defining the offense, a person is not an accomplice in an offense if:(1) The person is a victim of the offense; or(2) The offense is defined so that the person's conduct is inevitably incident to the commission of the offense. (1) The …

(1) In any prosecution for an offense in which the liability of the defendant is based on conduct of another person, it is no defense that:(1) The offense charged, as defined, can be committed only by a particular class of persons and the defendant not belonging to that particula…

(1) When two (2) or more persons are criminally liable for an offense of which there are different degrees, each person is liable only for the degree of the offense that is consistent with the person's own:(1) Culpable mental state; or(2) Accountability for an aggravating fact or…

(1) As used in this subchapter:(1) “Agent” means any officer, director, or employee of an organization or any other person who is authorized to act in behalf of an organization;(2) “High managerial agent” means an agent or officer of an organization who has duties of such respons…

(a) An organization commits an offense if:(1) The organization omits to discharge a specific duty of affirmative performance imposed on an organization by law and the omission is prohibited by criminal law;(2) The conduct or result specified in the definition of the offense is en…

(a) A person is criminally liable for any conduct constituting an offense that he or she performs or causes to be performed in the name of or in behalf of an organization to the same extent as if that conduct were performed in his or her own name or behalf. (b) (1) When a duty to…

(1) As used in this subchapter:(1) “Common carrier” means any vehicle used to transport for hire any member of the public;(2) “Deadly physical force” means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical inju…

In a prosecution for an offense, justification as defined in this subchapter is a defense.

(a) Conduct that would otherwise constitute an offense is justifiable when it is:(1) Required or authorized by law or by a judicial decree; or(2) Performed by a public servant or a person acting at the public servant's direction in a reasonable exercise or performance of the publ…

(a) Conduct that would otherwise constitute an offense is justifiable when:(1) The conduct is necessary as an emergency measure to avoid an imminent public or private injury; and(2) According to ordinary standards of reasonableness, the desirability and urgency of avoiding the im…

(1) The use upon another person of physical force that would otherwise constitute an offense is justifiable under any of the following circumstances:(1) A parent, school employee, guardian, or other person entrusted with care and supervision of a minor or an incompetent person ma…