Arkansas Statutes
§ 5-38-312 — No presumption on cause of fire
Arkansas·Title 5
(a)The purpose of this section is to:
(1)Clarify that there is not a presumption as to the cause of fire related to a violation of this subchapter;
(2)Abolish any common law contrary to this section, including without limitation Johnson v. State, 198 Ark. 871, 131 S.W.2d 934 (1939) and Thomas v. State, 295 Ark. 29, 746 S.W.2d 49 (1988); and (3) Clarify that there is no change under this section to the public policy as it relates to civil actions involving the cause of a fire.
(b)There is not a presumption in a prosecution brought under this subchapter that:
(1)A fire was caused by:
(A)Accident; or (B) Natural causes; or (2) A fire was set on purpose or of incendiary origin.
(c)The burden of proof for the cause of a fire in a prosecution brought under this subchapter is beyond a reas
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Related
Fronterhouse v. State
2015 Ark. App. 211 (Court of Appeals of Arkansas, 2015)
Molpus v. State
2015 Ark. App. 452 (Court of Appeals of Arkansas, 2015)
Legislative History
Added by Act 2013, No. 982,§ 1, eff. 8/16/2013.
Nearby Sections
15
§ 5-1-101
Title§ 5-1-102
Definitions§ 5-1-103
Applicability to offenses generally§ 5-1-104
Territorial applicability§ 5-1-106
Felonies§ 5-1-107
Misdemeanors§ 5-1-108
Violations§ 5-1-109
Statute of limitations