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5-2-204. Elements of culpability — Exceptions to culpable mental state requirement.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-204. Elements of culpability — Exceptions to culpable mental state requirement.
(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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-204
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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Record provenance
Stable record: arkansas_code:legal_authorities:5-2-204
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a149fee3e5cf2a2de0cb6dbbe5de2e2dedb8ab8ec1de1759833793d160cecea7
Source location: content.xml paragraph 1245
Stored source content
5-2-204. Elements of culpability — Exceptions to culpable mental state requirement.
(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.
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