2018 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 2 - Principles of Criminal Liability
Subchapter 6 - Justification
§ 5-2-604. Choice of evils

Universal Citation: AR Code § 5-2-604 (2018)
  • (a) Conduct that would otherwise constitute an offense is justifiable when:

    • (1) The conduct is necessary as an emergency measure to avoid an imminent public or private injury; and

    • (2) According to ordinary standards of reasonableness, the desirability and urgency of avoiding the imminent public or private injury outweigh the injury sought to be prevented by the law proscribing the conduct.

  • (b) Justification under this section shall not rest upon a consideration pertaining to the morality or advisability of the statute defining the offense charged.

  • (c) If the actor is reckless or negligent in bringing about the situation requiring a choice of evils or in appraising the necessity for his or her conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish a culpable mental state.

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