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5-2-404. Defenses.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-404. Defenses.
(a) Unless otherwise provided by the statute defining the offense, a person is not an accomplice in an offense if:
(1) The person is a victim of the offense; or
(2) The offense is defined so that the person's conduct is inevitably incident to the commission of the offense.
(b) It is an affirmative defense to a prosecution for an offense respecting which the liability of the defendant is based on the conduct of another person that the defendant terminates his or her complicity prior to the commission of the offense and:
(1) Wholly deprives his or her complicity of effectiveness in the commission of the offense;
(2) Gives timely warning to an appropriate law enforcement authority; or
(3) Otherwise makes a proper effort to prevent commission of the offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-404
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:5-2-404
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7e595cd3f6c67badd9b4f4ca27aa51d1f8cf2c0a8d2befcc57f4b906b9cecd05
Source location: content.xml paragraph 2634
Stored source content
5-2-404. Defenses.
(a) Unless otherwise provided by the statute defining the offense, a person is not an accomplice in an offense if:
(1) The person is a victim of the offense; or
(2) The offense is defined so that the person's conduct is inevitably incident to the commission of the offense.
(b) It is an affirmative defense to a prosecution for an offense respecting which the liability of the defendant is based on the conduct of another person that the defendant terminates his or her complicity prior to the commission of the offense and:
(1) Wholly deprives his or her complicity of effectiveness in the commission of the offense;
(2) Gives timely warning to an appropriate law enforcement authority; or
(3) Otherwise makes a proper effort to prevent commission of the offense.
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