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5-4-801. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-801. Definitions.
As used in this subchapter:
(1) “Community work project” means any program in which an eligible offender in a county jail is allowed to work under the supervision of a government entity on projects on public lands, public buildings, public roads, public parks, and public rights-of-way designed to benefit the government entity supervising the eligible offender;
(2) “Eligible offender” means any person convicted of a misdemeanor offense or felony offense other than:
(A) Capital murder, § 5-10-101;
(B) Murder in the first degree, § 5-10-102;
(C) Murder in the second degree, § 5-10-103;
(D) Manslaughter, § 5-10-104;
(E) Rape, § 5-14-103;
(F) Kidnapping, § 5-11-102;
(G) Aggravated robbery, § 5-12-103;
(H) Driving or boating while intoxicated, second or subsequent offense, § 5-65-103;
(I) Negligent homicide, § 5-10-105;
(J) Trafficking a controlled substance, § 5-64-440;
(K) Any felony involving violence as listed under § 5-4-501(d)(2); or
(L) Any offense requiring registration under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; and
(3) “Work incentive credit” means a sentence credit of up to three (3) days as designated by the court toward completion of an eligible offender's sentence for each day the eligible offender works on a community work project.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-801
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:5-4-801
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 42f18fb04d18e7455d48079b6a090a0be38f562448b529f929fd678ac4672ad8
Source location: content.xml paragraph 6923
Stored source content
5-4-801. Definitions.
As used in this subchapter:
(1) “Community work project” means any program in which an eligible offender in a county jail is allowed to work under the supervision of a government entity on projects on public lands, public buildings, public roads, public parks, and public rights-of-way designed to benefit the government entity supervising the eligible offender;
(2) “Eligible offender” means any person convicted of a misdemeanor offense or felony offense other than:
(A) Capital murder, § 5-10-101;
(B) Murder in the first degree, § 5-10-102;
(C) Murder in the second degree, § 5-10-103;
(D) Manslaughter, § 5-10-104;
(E) Rape, § 5-14-103;
(F) Kidnapping, § 5-11-102;
(G) Aggravated robbery, § 5-12-103;
(H) Driving or boating while intoxicated, second or subsequent offense, § 5-65-103;
(I) Negligent homicide, § 5-10-105;
(J) Trafficking a controlled substance, § 5-64-440;
(K) Any felony involving violence as listed under § 5-4-501(d)(2); or
(L) Any offense requiring registration under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; and
(3) “Work incentive credit” means a sentence credit of up to three (3) days as designated by the court toward completion of an eligible offender's sentence for each day the eligible offender works on a community work project.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-101. Capital murder.
(a) A person commits capital murder if:
(1) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit:
(i) Terrorism, as defined in § 5-54-205;
(ii) Rape, § 5-14-103;
(iii) Kidnapping, § 5-11-102;
(iv) Vehicular piracy, § 5-11-105;
(v) Robbery, § 5-12-102;
(vi) Aggravated robbery, § 5-12-103;
(vii) Residential burglary, § 5-39-201(a);
(viii) Commercial burglary, § 5-39-201(b);
(ix) Aggravated residential burglary, § 5-39-204;
(x) A felony violation of the Uniform Controlled Substances Act, §§ 5-64-101 — 5-64-508, involving an actual delivery of a controlled substance; or
(xi) First degree escape, § 5-54-110; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of a person under circumstances manifesting extreme indifference to the value of human life;
(2) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit arson, § 5-38-301; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person;
(3) With the premeditated and deliberated purpose of causing the death of any law enforcement officer, jailer, prison official, firefighter, judge or other court official, probation officer, parole officer, any military personnel, or teacher or school employee, when such person is acting in the line of duty, the person causes the death of any person;
(4) With the premeditated and deliberated purpose of causing the death of another person, the person causes the death of any person;
(5) With the premeditated and deliberated purpose of causing the death of the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-101
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 5-10-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-102. Murder in the first degree.
(a) A person commits murder in the first degree if:
(1) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit a felony; and
(B) In the course of and in the furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life;
(2) With a purpose of causing the death of another person, the person causes the death of another person; or
(3) The person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed.
(b) It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for an offense in which the defendant was not the only participant that the defendant:
(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission;
(2) Was not armed with a deadly weapon;
(3) Reasonably believed that no other participant was armed with a deadly weapon; and
(4) Reasonably believed that no other participant intended to engage in conduct that could result in death or serious physical injury.
(c)(1) Murder in the first degree is a Class Y felony.
(2) Unless the application of § 16-93-621 results in a person's being eligible for parole at an earlier date, if a person was younger than eighteen (18) years of age at the time he or she committed murder in the first degree and is sentenced to life imprisonment, the person is eligible for parole after serving a minimum of twenty-five (25) years' imprisonment.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-102
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 5-10-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-103. Murder in the second degree.
(a) A person commits murder in the second degree if:
(1) The person knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; or
(2) With the purpose of causing serious physical injury to another person, the person causes the death of any person.
(b) Murder in the second degree is a Class A felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-103
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 5-10-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-104. Manslaughter.
(a) A person commits manslaughter if:
(1)(A) The person causes the death of another person under circumstances that would be murder, except that he or she causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse.
(B) The reasonableness of the excuse is determined from the viewpoint of a person in the actor's situation under the circumstances as the actor believed them to be;
(2) The person purposely causes or aids another person to commit suicide;
(3) The person recklessly causes the death of another person; or
(4) Acting alone or with one (1) or more persons:
(A) The person commits or attempts to commit a felony; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony:
(i) The person or an accomplice negligently causes the death of any person; or
(ii) Another person who is resisting the felony or flight causes the death of any person.
(b) It is an affirmative defense to any prosecution under subdivision (a)(4) of this section for an offense in which the defendant was not the only participant that the defendant:
(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission;
(2) Was not armed with a deadly weapon;
(3) Reasonably believed that no other participant was armed with a deadly weapon; and
(4) Reasonably believed that no other participant intended to engage in conduct which could result in death or serious physical injury.
(c) Manslaughter is a Class C felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-104
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 5-10-104. This identifies an authority to review, not proof of applicability.