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2017 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 2 - Principles of Criminal Liability
Subchapter 6 - Justification
§ 5-2-603. Execution of public duty
Universal Citation: AR Code § 5-2-603 (2017)
- (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.
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