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Current as of March 28, 2024 | Updated by Findlaw Staff
(a) The purpose of this section is to:
(1) Clarify that there is not a presumption as to the cause of fire related to a violation of this subchapter;
(2) Abolish any common law contrary to this section, including without limitation Johnson v. State, 198 Ark. 871, 131 S.W.2d 934 (1939) and Thomas v. State, 295 Ark. 29, 746 S.W.2d 49 (1988); and
(3) Clarify that there is no change under this section to the public policy as it relates to civil actions involving the cause of a fire.
(b) There is not a presumption in a prosecution brought under this subchapter that:
(1) A fire was caused by:
(A) Accident; or
(B) Natural causes; or
(2) A fire was set on purpose or of incendiary origin.
(c) The burden of proof for the cause of a fire in a prosecution brought under this subchapter is beyond a reasonable doubt as provided under § 5-1-111.
(d) This section does not affect a civil action involving the cause of a fire.
Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-38-312. No presumption on cause of fire - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-38-312/
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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