Arkansas Code Title 5. Criminal Offenses § 5-10-204. Death by delivery in the second degree

(A) A controlled substance that is not fentanyl, methamphetamine, heroin, or cocaine; or

(B) A counterfeit substance; and

(A) The defendant does not have a prior felony conviction;

(B) The defendant played a minor or passive role in the delivery or conveyance of the controlled substance or counterfeit substance;

(C) The defendant was unaware of adulterants or diluents in the controlled substance or counterfeit substance that accelerated or contributed to the death of the other person; or

(D) The defendant possessed the controlled substance or counterfeit substance for personal use and the conveyance was not part of a transaction for which the defendant obtained income, resources, or benefits.

(A) The defendant has a prior felony conviction for delivery of a controlled substance under the Uniform Controlled Substances Act, § 5-64-401 et seq. or a similar law of another jurisdiction;

(B) The defendant manifested extreme indifference to the value of human life during the commission of the offense; or

(C) The defendant knew the victim was vulnerable because the victim was a minor, was sixty (60) years of age or older, or was an incompetent person as defined in § 5-64-407.