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(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.
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 January 01, 2020 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-2-204/
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