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Current as of March 28, 2024 | Updated by Findlaw Staff
In any prosecution for an offense in which the liability of the defendant is based on conduct of another person, it is no defense that:
(1) The offense charged, as defined, can be committed only by a particular class of persons and the defendant not belonging to that particular class of persons is for that reason legally incapable of committing the offense in an individual capacity, unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing his or her incapacity;
(2) The other person has not been charged with, prosecuted for, convicted of, or has been acquitted of any offense or has been convicted of a different offense or degree of offense, based upon the conduct in question, even if the defendant and the other person were tried jointly; or
(3) The other person has a legal immunity from prosecution based upon the conduct in question.
Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-2-405. Restriction on defenses - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-2-405/
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 before relying on it for your legal needs.
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