Title 5 — Criminal Offenses
54 chapters · 1,112 sections in this title.
Ark. Code Ann. § 5-3-101 Mitigation — Affirmative defense
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(1) It is an affirmative defense to a prosecution for criminal attempt, solicitation, or conspiracy that:(1) The conduct charged to constitute the offense is inherently unlikely to result or to culminate in the commission of a crime; and(2) Neither the conduct nor the defendant p…
Ark. Code Ann. § 5-3-102 Multiple convictions barred
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A person may not be convicted of more than one (1) offense defined by this chapter for conduct designed to commit or to culminate in the commission of the same offense.
Ark. Code Ann. § 5-3-103 Solicitation and conspiracy — Defenses and claims that are not defenses
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(a) It is a defense to a prosecution for solicitation or conspiracy to commit an offense that:(1) The defendant is a victim of the offense; or(2) The offense is defined so that the defendant's conduct is inevitably incident to the commission of the offense. (1) The defendant is a…
Ark. Code Ann. § 5-3-201 Conduct constituting attempt
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(a) A person attempts to commit an offense if he or she purposely engages in conduct that:(1) Would constitute an offense if the attendant circumstances were as the person believes them to be; or(2) Constitutes a substantial step in a course of conduct intended to culminate in th…
Ark. Code Ann. § 5-3-202 Complicity
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(a) A person attempts to commit an offense if, with the purpose of aiding another person in the commission of the offense, the person engages in conduct that would establish his or her complicity under § 5-2-402 if the offense were committed by the other person. (b) It is not a d…
Ark. Code Ann. § 5-3-203 Classification
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(1) A criminal attempt is a:(1) Class Y felony if the offense attempted is:(A) Capital murder, § 5-10-101;(B) Capital rape, § 5-14-114;(C) Aggravated death by delivery, § 5-10-202;(D) Predatory marketing of fentanyl to minors, § 5-64-421; or(E) Trafficking of fentanyl, § 5-64-440…
Ark. Code Ann. § 5-3-204 Renunciation
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(a) (1) It is an affirmative defense to a prosecution under § 5-3-201(a)(2) or (b) that the defendant abandons his or her effort to commit the offense, and by the abandonment prevents the commission of the offense, under circumstances manifesting a voluntary and complete renuncia…
Ark. Code Ann. § 5-3-301 Conduct constituting solicitation — Classification
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(a) A person solicits the commission of an offense if, with the purpose of promoting or facilitating the commission of a specific offense, the person commands, urges, or requests another person to engage in specific conduct that would:(1) Constitute that offense;(2) Constitute an…
Ark. Code Ann. § 5-3-302 Renunciation
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It is an affirmative defense to a prosecution for criminal solicitation that the defendant prevented the commission of the offense solicited under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose.
Ark. Code Ann. § 5-3-401 Conduct constituting conspiracy
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(1) A person conspires to commit an offense if with the purpose of promoting or facilitating the commission of any criminal offense:(1) The person agrees with another person or other persons that:(A) One (1) or more of the persons will engage in conduct that constitutes that offe…
Ark. Code Ann. § 5-3-402 Scope of conspiratorial relationship
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If an actor knows or could reasonably expect that a person with whom the actor conspires has himself or herself conspired or will conspire with another person to commit the same criminal offense, the actor is deemed to have conspired with the other person, whether or not the acto…
Ark. Code Ann. § 5-3-403 Multiple criminal objectives
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If a person conspires to commit a number of criminal offenses, the person commits only one (1) conspiracy if the multiple offenses are the object of the same agreement or continuous conspiratorial relationship.
Ark. Code Ann. § 5-3-404 Classification
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(1) Criminal conspiracy is a:(1) Class Y felony if an object of the conspiracy is commission of:(A) Capital murder, § 5-10-101;(B) Capital rape, § 5-14-114;(C) Aggravated death by delivery, § 5-10-202;(D) Predatory marketing of fentanyl to minors, § 5-64-421; or(E) Trafficking of…
Ark. Code Ann. § 5-3-405 Renunciation of criminal purpose
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(1) It is an affirmative defense to a prosecution for conspiracy to commit an offense that the defendant:(1) Thwarted the success of the conspiracy under circumstances manifesting a complete and voluntary renunciation of the defendant's criminal purpose; or(2) Terminated his or h…
Ark. Code Ann. § 5-3-406 Statute of limitations
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(a) For the purposes of § 5-1-109, a conspiracy is a continuing course of conduct that terminates when the offense or offenses that are the object of the conspiracy are committed. (b) However, if a person abandons the agreement a conspiracy is terminated as to him or her only, wh…
Ark. Code Ann. § 5-3-407 Venue for prosecution
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A prosecution for criminal conspiracy may be brought in any county where any overt act in furtherance of the conspiracy is alleged to have occurred, and that county is a proper place of venue for the prosecution of any person charged as a party to that conspiracy.