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Arkansas Code of 1987 (2023)
Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101)
Subtitle 2 - OFFENSES AGAINST THE PERSON (§§ 5-10-101 — 5-18-107)
Chapter 10 - HOMICIDE (§§ 5-10-101 — 5-10-210)
Section 5-10-102 - Murder in the first degree
Universal Citation:
AR Code § 5-10-102 (2023)
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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.
- (a) A person commits murder in the first degree if:
- (1) Acting alone or with one (1) or more other persons:
- (A) The person commits or attempts to commit a felony; and
- (B) In the course of and in the furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life;
- (2) With a purpose of causing the death of another person, the person causes the death of another person; or
- (3) The person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed.
- (1) Acting alone or with one (1) or more other persons:
- (b) It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for an offense in which the defendant was not the only participant that the defendant:
- (1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission;
- (2) Was not armed with a deadly weapon;
- (3) Reasonably believed that no other participant was armed with a deadly weapon; and
- (4) Reasonably believed that no other participant intended to engage in conduct that could result in death or serious physical injury.
- (c)
- (1) Murder in the first degree is a Class Y felony.
- (2) Unless the application of § 16-93-621 results in a person's being eligible for parole or transfer to post-release supervision at an earlier date, if a person was younger than eighteen (18) years of age at the time he or she committed murder in the first degree and is sentenced to life imprisonment, the person is eligible for parole or post-release supervision after serving a minimum of twenty-five (25) years' imprisonment.
Amended by Act 2023, No. 659,§ 27, eff. 1/1/2024.
Amended by Act 2017, No. 539,§ 7, eff. 3/20/2017.
Acts 1975, No. 280, § 1502; 1981, No. 620, § 10; A.S.A. 1947, § 41-1502; Acts 1987 (1st Ex. Sess.), No. 52, § 1; 1989, No. 856, § 2; 1991, No. 683, § 2.
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