§ 5-1-103 — Applicability to offenses generally

Arkansas § 5-1-103

• Jurisdiction: Arkansas
• Title: 5

Text

(a) The provisions of the Arkansas Criminal Code govern a prosecution for any offense defined by the Arkansas Criminal Code and committed after January 1, 1976. (b) Unless otherwise expressly provided, the provisions of the Arkansas Criminal Code govern a prosecution for any offense defined by a statute not part of the Arkansas Criminal Code and committed after January 1, 1976. (c) (1) The provisions of the Arkansas Criminal Code do not apply to the prosecution for any offense committed prior to January 1, 1976. (2) An offense committed prior to January 1, 1976, shall be construed and punished in accordance with the law existing at the time of the commission of the offense. (d) (1) A defendant in a criminal prosecution for an offense committed prior to January 1, 1976, may elect to have the construction and application of any defense to the prosecution governed by the provisions of the Arkansas Criminal Code. (2) (A) An election under subdivision (d)(1) of this section shall be made by motion to the court that is to conduct the trial. (B) (i) The motion shall be timely filed but not later than ten (10) days before the date set for the trial of the case. (ii) However, the court for a good cause shown may entertain the motion at a later time. (e) When all or part of a statute defining a criminal offense is amended or repealed, the statute or part of the statute that is amended or repealed remains in force for the purpose of authorizing the prosecution, conviction, and punishment of a person committing an offense under the statute or part of the statute prior to the effective date of the amending or repealing act.

Legislative History

Acts 1975, No. 280, § 102; A.S.A. 1947, § 41-102.