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5-2-206. Ignorance or mistake.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-206. Ignorance or mistake.
(a) It is a defense to a prosecution that the actor engaged in the conduct charged to constitute the offense under a mistaken belief of fact if:
(1) The statute defining the offense or a statute relating to the offense expressly provides that a mistaken belief of fact constitutes a defense; or
(2) Mistaken belief of fact establishes a defense of justification provided by § 5-2-601 et seq.
(b) Except as provided by subsection (c) of this section, a person is not relieved of criminal liability for conduct because he or she engages in that conduct believing that the conduct does not as a matter of law constitute an offense.
(c) It is an affirmative defense to a prosecution that the actor engaged in the conduct charged to constitute the offense believing that the conduct did not as a matter of law constitute an offense, if the actor acted in reasonable reliance upon an official statement of the law contained in:
(1) A statute or other enactment afterward determined to be invalid or erroneous;
(2) The latest judicial decision of the highest state or federal court that has decided the matter; or
(3) An official interpretation of a public servant or agency charged by law with responsibility for the interpretation or administration of the law defining the offense.
(d)(1) Although ignorance or mistake of fact would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as he or she supposed.
(2) However, in a case described by subdivision (d)(1) of this section, the ignorance or mistake of fact of the defendant reduces the class or degree of the offense of which he or she may be convicted to that of the offense of which the defend
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-206
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:5-2-206
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 431dbfb924b63aa862f4bf96bb3864ccb74d65d1f0b22305ddcf51a1218e7b3d
Source location: content.xml paragraph 1307
Stored source content
5-2-206. Ignorance or mistake.
(a) It is a defense to a prosecution that the actor engaged in the conduct charged to constitute the offense under a mistaken belief of fact if:
(1) The statute defining the offense or a statute relating to the offense expressly provides that a mistaken belief of fact constitutes a defense; or
(2) Mistaken belief of fact establishes a defense of justification provided by § 5-2-601 et seq.
(b) Except as provided by subsection (c) of this section, a person is not relieved of criminal liability for conduct because he or she engages in that conduct believing that the conduct does not as a matter of law constitute an offense.
(c) It is an affirmative defense to a prosecution that the actor engaged in the conduct charged to constitute the offense believing that the conduct did not as a matter of law constitute an offense, if the actor acted in reasonable reliance upon an official statement of the law contained in:
(1) A statute or other enactment afterward determined to be invalid or erroneous;
(2) The latest judicial decision of the highest state or federal court that has decided the matter; or
(3) An official interpretation of a public servant or agency charged by law with responsibility for the interpretation or administration of the law defining the offense.
(d)(1) Although ignorance or mistake of fact would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as he or she supposed.
(2) However, in a case described by subdivision (d)(1) of this section, the ignorance or mistake of fact of the defendant reduces the class or degree of the offense of which he or she may be convicted to that of the offense of which the defendant would be guilty had the situation been as he or she supposed.
(e) A mistake of law other than as to the existence or meaning of the statute under which the defendant is prosecuted is relevant to disprove the specific culpable mental state required by the statute under which the defendant is prosecuted.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-601. Definitions.
As used in this subchapter:
(1) “Common carrier” means any vehicle used to transport for hire any member of the public;
(2) “Deadly physical force” means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury;
(3) “Dwelling” means an enclosed space that is used or intended to be used as a human habitation, home, or residence on a temporary or permanent basis;
(4) “Minor” means any person under eighteen (18) years of age;
(5)(A) “Occupiable structure” means a vehicle, building, or other structure:
(i) Where any person lives or carries on a business or other calling;
(ii) Where people assemble for a purpose of business, government, education, religion, entertainment, or public transportation; or
(iii) That is customarily used for overnight accommodation of a person whether or not a person is actually present.
(B) “Occupiable structure” includes each unit of an occupiable structure divided into a separately occupied unit;
(6) “Physical force” means:
(A) Any bodily impact, restraint, or confinement; or
(B) The threat of any bodily impact, restraint, or confinement;
(7) “Premises” means:
(A) An occupiable structure; or
(B) Any real property;
(8) “Unlawful physical force” means physical force that is employed without the consent of the person against whom it is directed and the employment of the physical force constitutes a criminal offense or tort or would constitute a criminal offense or tort except for a defense other than the defense of justification or privilege; and
(9) “Vehicle” means any craft or device designed for the transportation of a person or property across land or water or through the air.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-601
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 5-2-601. This identifies an authority to review, not proof of applicability.