2020 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 2 - Principles of Criminal Liability
Subchapter 2 - Culpability
§ 5-2-203. Culpable mental states — Interpretation of statutes

Universal Citation: AR Code § 5-2-203 (2020)
  1. (a) If a statute defining an offense prescribes a culpable mental state and does not clearly indicate that the culpable mental state applies to less than all of the elements of the offense, the prescribed culpable mental state applies to each element of the offense.

  2. (b) Except as provided in §§ 5-2-204(b) and (c), if the statute defining an offense does not prescribe a culpable mental state, a culpable mental state is nonetheless required and is established only if a person acts purposely, knowingly, or recklessly.

  3. (c)

    1. (1) When a statute defining an offense provides that acting negligently suffices to establish an element of that offense, the element also is established if a person acts purposely, knowingly, or recklessly.

    2. (2) When acting recklessly suffices to establish an element, the element also is established if a person acts purposely or knowingly.

    3. (3) When acting knowingly suffices to establish an element, the element also is established if a person acts purposely.

  4. (d) Knowledge that conduct constitutes an offense or knowledge of the existence, meaning, or application of the statute defining an offense is not an element of an offense unless the statute clearly so provides.

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