2020 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 2 - Principles of Criminal Liability
Subchapter 2 - Culpability
§ 5-2-204. Elements of culpability — Exceptions to culpable mental state requirement

Universal Citation: AR Code § 5-2-204 (2020)
  1. (a) A person does not commit an offense unless his or her liability is based on conduct that includes a voluntary act or the omission to perform an act that he or she is physically capable of performing.

  2. (b) A person does not commit an offense unless he or she acts with a culpable mental state with respect to each element of the offense that requires a culpable mental state.

  3. (c) However, a culpable mental state is not required if:

    1. (1) The offense is a violation unless a culpable mental state is expressly included in the definition of the offense;

    2. (2) An offense defined by a statute not a part of the Arkansas Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any element of the offense; or

    3. (3) The offense is defined as a strict liability offense.

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