Arkansas § 12-18-804 Defenses and affirmative defenses

Arkansas Statutes

§ 12-18-804 — Defenses and affirmative defenses

Arkansas § 12-18-804

Title12

This text of Arkansas § 12-18-804 (Defenses and affirmative defenses) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 12-18-804 (2026).

Text

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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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 .