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Current as of March 28, 2024 | Updated by FindLaw Staff
(a) Conduct that would otherwise constitute an offense is justifiable when it is:
(1) Required or authorized by law or by a judicial decree; or
(2) Performed by a public servant or a person acting at the public servant's direction in a reasonable exercise or performance of the public servant's official power, duty, or function.
(b) The justification afforded by this section applies if the actor reasonably believes his or her conduct is required or authorized:
(1) By the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or tribunal or defect in the legal process; or
(2) To assist a public servant in the performance of the public servant's duty, notwithstanding that the public servant has exceeded the public servant's legal authority.
Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-2-603. Public servant justification - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-2-603/
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.
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