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Arkansas Code Title 5. Criminal Offenses § 5-2-204. Elements of culpability--Exceptions to culpable mental state requirement

Current as of March 28, 2024 | Updated by Findlaw Staff

(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 culpable mental state with respect to each element of the offense that requires a culpable mental state.

(c) However, a culpable mental state is not required if:

(1) The offense is a violation unless a culpable mental state is expressly included in the definition of the offense;

(2) An offense defined by a statute not a part of the Arkansas Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any element of the offense; or

(3) The offense is defined as a strict liability offense.

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Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-2-204. Elements of culpability--Exceptions to culpable mental state requirement - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-2-204/

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