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5-2-603. Execution of public duty.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-603. Execution of public duty.
(a) Conduct that would otherwise constitute an offense is justifiable when it is:
(1) Required or authorized by law or by a judicial decree; or
(2) Performed by a public servant or a person acting at the public servant's direction in a reasonable exercise or performance of the public servant's official power, duty, or function.
(b) The justification afforded by this section applies if the actor reasonably believes his or her conduct is required or authorized:
(1) By the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or tribunal or defect in the legal process; or
(2) To assist a public servant in the performance of the public servant's duty, notwithstanding that the public servant has exceeded the public servant's legal authority.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-603
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:5-2-603
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ae6228c1087ef53dcf9cfe69b22cfa59a5727888d5e74537c701ac5f6aaec71e
Source location: content.xml paragraph 2819
Stored source content
5-2-603. Execution of public duty.
(a) Conduct that would otherwise constitute an offense is justifiable when it is:
(1) Required or authorized by law or by a judicial decree; or
(2) Performed by a public servant or a person acting at the public servant's direction in a reasonable exercise or performance of the public servant's official power, duty, or function.
(b) The justification afforded by this section applies if the actor reasonably believes his or her conduct is required or authorized:
(1) By the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or tribunal or defect in the legal process; or
(2) To assist a public servant in the performance of the public servant's duty, notwithstanding that the public servant has exceeded the public servant's legal authority.
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