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5-2-405. Claims that are not defenses to liability for another.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-405. Claims that are not defenses to liability for another.
In any prosecution for an offense in which the liability of the defendant is based on conduct of another person, it is no defense that:
(1) The offense charged, as defined, can be committed only by a particular class of persons and the defendant not belonging to that particular class of persons is for that reason legally incapable of committing the offense in an individual capacity, unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing his or her incapacity;
(2) The other person has not been charged with, prosecuted for, convicted of, or has been acquitted of any offense or has been convicted of a different offense or degree of offense, based upon the conduct in question, even if the defendant and the other person were tried jointly; or
(3) The other person has a legal immunity from prosecution based upon the conduct in question.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-405
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:5-2-405
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8ce0ac7e57c614aa427879d0813cf58e189ee4c38cbd9b89f64558d0b5acc555
Source location: content.xml paragraph 2662
Stored source content
5-2-405. Claims that are not defenses to liability for another.
In any prosecution for an offense in which the liability of the defendant is based on conduct of another person, it is no defense that:
(1) The offense charged, as defined, can be committed only by a particular class of persons and the defendant not belonging to that particular class of persons is for that reason legally incapable of committing the offense in an individual capacity, unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing his or her incapacity;
(2) The other person has not been charged with, prosecuted for, convicted of, or has been acquitted of any offense or has been convicted of a different offense or degree of offense, based upon the conduct in question, even if the defendant and the other person were tried jointly; or
(3) The other person has a legal immunity from prosecution based upon the conduct in question.
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