Arkansas § 5-2-204 Elements of culpability - Exceptions to culpable mental state requirement

Arkansas Statutes

§ 5-2-204 — Elements of culpability - Exceptions to culpable mental state requirement

Arkansas § 5-2-204

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This text of Arkansas § 5-2-204 (Elements of culpability - Exceptions to culpable mental state requirement) 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. § 5-2-204 (2026).

Text

(a)A person does not commit an offense unless his or her liability is based on conduct that includes a voluntary act or the omission to perform an act that he or she is physically capable of performing.

(b)A person does not commit an offense unless he or she acts with a culpable mental state with respect to each element of the offense that requires a culpable mental state.

(c)However, a culpable mental state is not required if:

(1)The offense is a violation unless a culpable mental state is expressly included in the definition of the offense;

(2)An offense defined by a statute not a part of the Arkansas Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any element of the offense; or (3) The offense is def

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(a) A person does not commit an offense unless his or her liability is based on conduct that includes a voluntary act or the omission to perform an act that he or she is physically capable of performing. (b) A person does not commit an offense unless he or she acts with a culpable mental state with respect to each element of the offense that requires a culpable mental state. (c) However, a culpable mental state is not required if: (1) The offense is a violation unless a culpable mental state is expressly included in the definition of the offense; (2) An offense defined by a statute not a part of the Arkansas Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any element of the offense; or (3) The offense is defined as a strict liability offense.