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Arkansas Code of 1987 (2024)
Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101)
Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501)
Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622)
Subchapter 2 - CULPABILITY (§§ 5-2-201 — 5-2-210)
Section 5-2-202 - Culpable mental states - Definitions
Universal Citation:
AR Code § 5-2-202 (2024)
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This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
As used in the Arkansas Criminal Code, there are four (4) kinds of culpable mental states that are defined as follows:
- (1)"Purposely." A person acts purposely with respect to his or her conduct or a result of his or her conduct when it is the person's conscious object to engage in conduct of that nature or to cause the result;
- (2)"Knowingly." A person acts knowingly with respect to:
- (A) The person's conduct or the attendant circumstances when he or she is aware that his or her conduct is of that nature or that the attendant circumstances exist; or
- (B) A result of the person's conduct when he or she is aware that it is practically certain that his or her conduct will cause the result;
- (3)"Recklessly."
- (A) A person acts recklessly with respect to attendant circumstances or a result of his or her conduct when the person consciously disregards a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur.
- (B) The risk must be of a nature and degree that disregard of the risk constitutes a gross deviation from the standard of care that a reasonable person would observe in the actor's situation; and
- (4)"Negligently."
- (A) A person acts negligently with respect to attendant circumstances or a result of his or her conduct when the person should be aware of a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur.
- (B) The risk must be of such a nature and degree that the actor's failure to perceive the risk involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation considering the nature and purpose of the actor's conduct and the circumstances known to the actor.
Acts 1975, No. 280, § 203; A.S.A. 1947, § 41-203.
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