2019 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 2 - Principles of Criminal Liability
Subchapter 4 - Parties to Offenses
§ 5-2-404. Defenses

Universal Citation:
AR Code § 5-2-404 (2019)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
  • (a) Unless otherwise provided by the statute defining the offense, a person is not an accomplice in an offense if:

    • (1) The person is a victim of the offense; or

    • (2) The offense is defined so that the person's conduct is inevitably incident to the commission of the offense.

  • (b) It is an affirmative defense to a prosecution for an offense respecting which the liability of the defendant is based on the conduct of another person that the defendant terminates his or her complicity prior to the commission of the offense and:

    • (1) Wholly deprives his or her complicity of effectiveness in the commission of the offense;

    • (2) Gives timely warning to an appropriate law enforcement authority; or

    • (3) Otherwise makes a proper effort to prevent commission of the offense.

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