2020 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 (2020)
  1. (a) Conduct that would otherwise constitute an offense is justifiable when it is:

    1. (1) Required or authorized by law or by a judicial decree; or

    2. (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.

  2. (b) The justification afforded by this section applies if the actor reasonably believes his or her conduct is required or authorized:

    1. (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. (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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