Title 5 — Criminal Offenses

This act shall be known as the “Arkansas Criminal Code”.

(a) The provisions of the Arkansas Criminal Code govern a prosecution for any offense defined by the Arkansas Criminal Code and committed after January 1, 1976. (b) Unless otherwise expressly provided, the provisions of the Arkansas Criminal Code govern a prosecution for any offe…

(a) A person may be convicted under a law of this state of an offense committed by his or her own or another person's conduct for which he or she is legally accountable if:(1) Either the conduct or a result that is an element of the offense occurs within this state;(2) Conduct oc…

(a) An offense is conduct for which a sentence to a term of imprisonment or fine or both is authorized by statute. (b) An offense is classified as follows:(1) Felony;(2) Misdemeanor; or(3) Violation. (1) Felony; (2) Misdemeanor; or (3) Violation. (c) Nothing in the Arkansas Crimi…

(a) An offense is a felony if the offense is designated a felony by:(1) The Arkansas Criminal Code; or(2) A statute not a part of the Arkansas Criminal Code. (1) The Arkansas Criminal Code; or (2) A statute not a part of the Arkansas Criminal Code. (b) A felony is classified as f…

(a) An offense is a misdemeanor if the offense is:(1) Designated a misdemeanor by the Arkansas Criminal Code;(2) Designated a misdemeanor by a statute not a part of the Arkansas Criminal Code, except as provided in § 5-1-108; or(3) Not designated a felony and a sentence to impris…

(a) An offense is a violation if the offense is designated a violation by:(1) The Arkansas Criminal Code; or(2) A statute not a part of the Arkansas Criminal Code. (1) The Arkansas Criminal Code; or (2) A statute not a part of the Arkansas Criminal Code. (b) Regardless of any des…

(a) (1) A prosecution for the following offenses may be commenced at any time:(A) Capital murder, § 5-10-101;(B) Murder in the first degree, § 5-10-102;(C) Murder in the second degree, § 5-10-103;(D) Rape, § 5-14-103, if the victim was a minor at the time of the offense;(E) Sexua…

(a) When the same conduct of a defendant may establish the commission of more than one (1) offense, the defendant may be prosecuted for each such offense. However, the defendant may not be convicted of more than one (1) offense if:(1) One (1) offense is included in the other offe…

(a) Except as provided in subsections (b), (c), and (d) of this section, no person may be convicted of an offense unless the following are proved beyond a reasonable doubt:(1) Each element of the offense;(2) Jurisdiction;(3) Venue; and(4) The commission of the offense within the …

(1) A former prosecution is an affirmative defense to a subsequent prosecution for the same offense under any of the following circumstances:(1) (A) The former prosecution resulted in an acquittal.(B) (i) There is an acquittal if the former prosecution resulted in a determination…

(1) A former prosecution is an affirmative defense to a subsequent prosecution for a different offense under the following circumstances:(1) The former prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112, and the subsequent prosecution is for:(A) Any o…

(1) When conduct constitutes an offense within the concurrent jurisdiction of this state and of the United States or another state or territory of the United States, a prosecution in any such other jurisdiction is an affirmative defense to a subsequent prosecution in this state u…

(1) A former prosecution is not an affirmative defense within the meaning of §§ 5-1-112 — 5-1-114 under any of the following circumstances:(1) The former prosecution was before a court that lacked jurisdiction over the defendant or the offense;(2) The former prosecution was procu…

A.C.A. § 5-1-116Current 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.C.A. § 5-1-125Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(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…