Arkansas Statutes

§ 12-18-804 — Defenses and affirmative defenses

Arkansas·Title 12

For any act or omission of child maltreatment that would be a criminal offense or an act of delinquency, any defense or affirmative defense, including the burden of proof regarding the affirmative defense, that would apply to the criminal offense or delinquent act is also cognizable in a child maltreatment proceeding with the exception of:

(1)A statute of limitation;
(2)Lack of capacity as a result of mental disease or defect under § 5-2-312 ; and (3) Affirmative defenses under §§ 5-1-112 - 5-1-114 .

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Related

W.N. v. Ark. Dep't of Human Servs.
552 S.W.3d 483 (Court of Appeals of Arkansas, 2018)
3 case citations
Marrufo v. Arkansas Department of Human Services
2013 Ark. 323 (Supreme Court of Arkansas, 2013)

Legislative History

Acts 2009, No. 749, § 1; 2011, No. 1143, § 20.

Nearby Sections

15
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