Skip to main content

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

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

(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/


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Thank you. Your response has been sent.

Copied to clipboard