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16-62-102. Wrongful death actions — Survival.

Arkansas Code — all titles (historical 2020) · legal_authorities

16-62-102. Wrongful death actions — Survival.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-62-102

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:16-62-102
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1765c615773a49977914d4aad3fbb8af19bf8d218ea46649a3d85d6ac440fbba

Source location: content.xml paragraph 23223

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16-62-102. Wrongful death actions — Survival. (a)(1) Whenever the death of a person or an unborn child as defined in § 5-1-102 is caused by a wrongful act, neglect, or default and the act, neglect, or default would have entitled the party injured to maintain an action and recover damages in respect thereof if death had not ensued, then and in every such case, the person or company or corporation that would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person or the unborn child as defined in § 5-1-102 injured, and although the death may have been caused under such circumstances as amount in law to a felony. (2) The cause of action created in this subsection shall survive the death of the person wrongfully causing the death of another and may be brought, maintained, or revived against the personal representatives of the person wrongfully causing the death of another. (3) A person is not liable under this subsection when the death of the unborn child results from: (A) A legal abortion, including an abortion performed to remove an ectopic pregnancy or other nonviable pregnancy where the embryo is not going to develop further; (B) The fault of the pregnant woman carrying the unborn child; (C) Assisted reproduction technology activity, procedure, or treatment; (D) Actions occurring before transfer to the uterus of the woman of an embryo created through in vitro fertilization; or (E) A woman or her healthcare provider using contraception approved by the United States Food and Drug Administration. (b) Every action shall be brought by and in the name of the personal representative of the deceased person. If there is no personal representative, then the action shall be brought by the heirs at law of the deceased person. (c)(1) Every action authorized by this section shall be commenced within three (3) years after the death of the person alleged to have been wrongfully killed, except the action may be commenced against a person in the time period permitted to bring a murder charge under § 5-1-109(a) if the person was convicted of one (1) of the following offenses: (A) Capital murder, § 5-10-101; (B) Murder in the first degree, § 5-10-102; or (C) Murder in the second degree, § 5-10-103. (2) If a nonsuit is entered for an action authorized by this section, the action shall be brought within one (1) year from the date the nonsuit was entered without regard to the date of the death of the person alleged to have been wrongfully killed. (d) The beneficiaries of the action created in this section are: (1) The surviving spouse, children, father, mother, brothers, and sisters of the deceased person; (2) Persons, regardless of age, standing in loco parentis to the deceased; and (3) Persons, regardless of age, to whom the deceased stood in loco parentis at any time during the life of the deceased. (e) No part of any recovery referred to in this section shall be subject to the debts of the deceased or become, in any way, a part of the assets of the estate of the deceased person. (f)(1) The jury or the court, in cases tried without a jury, may fix such damages as will be fair and just compensation for pecuniary injuries, including a spouse's loss of the services and companionship of a deceased spouse and any mental anguish resulting from the death to the surviving spouse and beneficiaries of the deceased. (2) When mental anguish is claimed as a measure of damages under this section, mental anguish will include grief normally associated with the loss of a loved one. (g) The judge of the court in which the claim or cause of action for wrongful death is tried or is submitted for approval of a compromise settlement, by judgment or order and upon the evidence presented during trial or in connection with any submission for approval of a compromise settlement, shall fix the share of each beneficiary, and distribution shall be made accordingly. However, in any action for wrongful death submitted to a jury, the jury shall make the apportionment at the request of any beneficiary or party. (h) Nothing in this section shall limit or affect the right of circuit courts having jurisdiction to approve or authorize settlement of claims or causes of action for wrongful death, but the circuit courts shall consider the best interests of all the beneficiaries under this section and not merely the best interest of the widow and next of kin as now provided by § 28-49-104. (i) It is not the responsibility of the personal representative of a deceased person to locate anyone in loco parentis who is not known to the personal representative to be in loco parentis to the deceased person.

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Arkansas Code — all titles (historical 2020) · legal_authorities

5-1-102. Definitions.

5-1-102. Definitions. As used in the Arkansas Criminal Code: (1) “Act” or “action” means the same as defined in § 5-2-201; (2) “Actor” includes, when appropriate, a person who possesses something or who omits to act; (3) “Conduct” means the same as defined in § 5-2-201; (4) “Deadly weapon” means: (A) A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious physical injury; or (B) Anything that in the manner of its use or intended use is capable of causing death or serious physical injury; (5) “Element of the offense” means the conduct, the attendant circumstances, or the result of conduct that: (A) Is specified in the definition of the offense; (B) Establishes the kind of culpable mental state required for commission of the offense; or (C) Negates an excuse or justification for the conduct; (6)(A) “Firearm” means any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use. (B) “Firearm” includes: (i) A device described in subdivision (6)(A) of this section that is not loaded or lacks a clip or another component to render it immediately operable; and (ii) Components that can readily be assembled into a device described in subdivision (6)(A) of this section; (7) “Included offense” means the same as defined in § 5-1-110(b); (8)(A) “Knowingly” or an equivalent term such as “knowing”, “with knowledge”, “willful”, or “willfully” means the same as knowingly as defined in § 5-2-202. (B) However, if the statute clearly indicates a legislative intent to require a culpable mental state of “purposely”, “willful” or “willfully” means the same as “purposely” defined in § 5-2-202; (9) “Law” includes a statute or court decisi

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-1-102

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-1-102. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-1-109. Statute of limitations.

5-1-109. Statute of limitations. (a)(1) A prosecution for the following offenses may be commenced at any time: (A) Capital murder, § 5-10-101; (B) Murder in the first degree, § 5-10-102; (C) Murder in the second degree, § 5-10-103; (D) Rape, § 5-14-103, if the victim was a minor at the time of the offense; (E) Sexual indecency with a child, § 5-14-110; (F) Sexual assault in the first degree, § 5-14-124; (G) Sexual assault in the second degree, § 5-14-125, if the victim was a minor at the time of the offense; (H) Incest, § 5-26-202, if the victim was a minor at the time of the offense; (I) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303; (J) Transportation of minors for prohibited sexual conduct, § 5-27-305; (K) Employing or consenting to the use of a child in a sexual performance, § 5-27-402; (L) Producing, directing, or promoting a sexual performance by a child, § 5-27-403; and (M) Computer exploitation of a child in the first degree, § 5-27-605. (2) A prosecution may be commenced for a violation of the following offenses, if, when the alleged violation occurred, the offense was committed against a minor, the violation has not been previously reported to a law enforcement agency or prosecuting attorney, and the victim has not reached the age of twenty-eight (28) years of age: (A) Sexual assault in the third degree, § 5-14-126; (B) Sexual assault in the fourth degree, § 5-14-127; (C) Endangering the welfare of a minor in the first degree, § 5-27-205; (D) Permitting abuse of a minor, § 5-27-221; and (E) Computer child pornography, § 5-27-603. (3) A prosecution for arson, § 5-38-301(a)(1)(G), may be commenced within ten (10) years after the offense was committed. (b) Except as otherwi

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-1-109

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-1-109. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-10-101. Capital murder.

5-10-101. Capital murder. (a) A person commits capital murder if: (1) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit: (i) Terrorism, as defined in § 5-54-205; (ii) Rape, § 5-14-103; (iii) Kidnapping, § 5-11-102; (iv) Vehicular piracy, § 5-11-105; (v) Robbery, § 5-12-102; (vi) Aggravated robbery, § 5-12-103; (vii) Residential burglary, § 5-39-201(a); (viii) Commercial burglary, § 5-39-201(b); (ix) Aggravated residential burglary, § 5-39-204; (x) A felony violation of the Uniform Controlled Substances Act, §§ 5-64-101 — 5-64-508, involving an actual delivery of a controlled substance; or (xi) First degree escape, § 5-54-110; and (B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of a person under circumstances manifesting extreme indifference to the value of human life; (2) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit arson, § 5-38-301; and (B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person; (3) With the premeditated and deliberated purpose of causing the death of any law enforcement officer, jailer, prison official, firefighter, judge or other court official, probation officer, parole officer, any military personnel, or teacher or school employee, when such person is acting in the line of duty, the person causes the death of any person; (4) With the premeditated and deliberated purpose of causing the death of another person, the person causes the death of any person; (5) With the premeditated and deliberated purpose of causing the death of the

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-101

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-10-101. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-10-102. Murder in the first degree.

5-10-102. Murder in the first degree. (a) A person commits murder in the first degree if: (1) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit a felony; and (B) In the course of and in the furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life; (2) With a purpose of causing the death of another person, the person causes the death of another person; or (3) The person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed. (b) It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for an offense in which the defendant was not the only participant that the defendant: (1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission; (2) Was not armed with a deadly weapon; (3) Reasonably believed that no other participant was armed with a deadly weapon; and (4) Reasonably believed that no other participant intended to engage in conduct that could result in death or serious physical injury. (c)(1) Murder in the first degree is a Class Y felony. (2) Unless the application of § 16-93-621 results in a person's being eligible for parole at an earlier date, if a person was younger than eighteen (18) years of age at the time he or she committed murder in the first degree and is sentenced to life imprisonment, the person is eligible for parole after serving a minimum of twenty-five (25) years' imprisonment.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-102

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-10-102. This identifies an authority to review, not proof of applicability.