reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 2 - CULPABILITY (§§ 5-2-201 — 5-2-210) › Section 5-2-203 - Culpable mental states - Interpretation of statutes

(a)
If a statute defining an offense prescribes a culpable mental state and does not clearly indicate that the culpable mental state applies to less than all of the elements of the offense, the prescribed culpable mental state applies to each element of the offense.
(b)
Except as provided in §§
5-2-204(b) and (c)
, if the statute defining an offense does not prescribe a culpable mental state, a culpable mental state is nonetheless required and is established only if a person acts purposely, knowingly, or recklessly.
(c)
(1)
When a statute defining an offense provides that acting negligently suffices to establish an element of that offense, the element also is established if a person acts purposely, knowingly, or recklessly.
(2)
When acting recklessly suffices to establish an element, the element also is established if a person acts purposely or knowingly.
(3)
When acting knowingly suffices to establish an element, the element also is established if a person acts purposely.
(d)
Knowledge that conduct constitutes an offense or knowledge of the existence, meaning, or application of the statute defining an offense is not an element of an offense unless the statute clearly so provides.
Acts 1975, No. 280, § 204; A.S.A. 1947, § 41-204.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 2 - CULPABILITY (§§ 5-2-201 — 5-2-210) › Section 5-2-204 - Elements of culpability - Exceptions to culpable mental state requirement

(a)
A person does not commit an offense unless his or her liability is based on conduct that includes a voluntary act or the omission to perform an act that he or she is physically capable of performing.
(b)
A person does not commit an offense unless he or she acts with a culpable mental state with respect to each element of the offense that requires a culpable mental state.
(c)
However, a culpable mental state is not required if:
(1)
The offense is a violation unless a culpable mental state is expressly included in the definition of the offense;
(2)
An offense defined by a statute not a part of the Arkansas Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any element of the offense; or
(3)
The offense is defined as a strict liability offense.
Amended by Act 2015EX1, No. 6,§ 2, eff. 5/29/2015.
Acts 1975, No. 280, § 202; A.S.A. 1947, § 41-202.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 2 - CULPABILITY (§§ 5-2-201 — 5-2-210) › Section 5-2-205 - Causation

Causation may be found when the result would not have occurred but for the conduct of the defendant operating either alone or concurrently with another cause unless:
(1)
The concurrent cause was clearly sufficient to produce the result; and
(2)
The conduct of the defendant was clearly insufficient to produce the result.
Acts 1975, No. 280, § 205; A.S.A. 1947, § 41-205.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 2 - CULPABILITY (§§ 5-2-201 — 5-2-210) › Section 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.
Acts 1975, No. 280, § 206; A.S.A. 1947, § 41-206.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 2 - CULPABILITY (§§ 5-2-201 — 5-2-210) › Section 5-2-207 - Intoxication

(a)
Intoxication that is not self-induced intoxication is an affirmative defense to a prosecution if at the time a person engages in the conduct charged to constitute the offense the person lacks capacity to:
(1)
Conform his or her conduct to the requirements of the law; or
(2)
Appreciate the criminality of his or her conduct.
(b)
As used in this section:
(1)
"Intoxication" means a disturbance of a mental or physical capacity resulting from the introduction of alcohol, a drug, or another substance into the body; and
(2)
"Self-induced intoxication" means intoxication caused by a substance that the actor knowingly introduces into his or her body and the actor knows or ought to know the tendency of the substance to cause intoxication.
Acts 1975, No. 280, § 207; 1977, No. 101, § 1; A.S.A. 1947, § 41-207.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 2 - CULPABILITY (§§ 5-2-201 — 5-2-210) › Section 5-2-208 - Duress

(a)
It is an affirmative defense to a prosecution that the actor engaged in the conduct charged to constitute an offense because the actor reasonably believed he or she was compelled to engage in the conduct by the threat or use of unlawful force against the actor's person or the person of another that a person of ordinary firmness in the actor's situation would not have resisted.
(b)
The affirmative defense provided by this section is unavailable if the actor recklessly placed himself or herself in a situation in which it was reasonably foreseeable that the actor would be subjected to the force or threatened force described in subsection (a) of this section.
Acts 1975, No. 280, § 208; A.S.A. 1947, § 41-208.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 2 - CULPABILITY (§§ 5-2-201 — 5-2-210) › Section 5-2-209 - Entrapment

(a)
It is an affirmative defense that the defendant was entrapped into committing an offense.
(b)
(1)
Entrapment occurs when a law enforcement officer or any person acting in cooperation with a law enforcement officer induces the commission of an offense by using persuasion or other means likely to cause a normally law-abiding person to commit the offense.
(2)
Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.
Acts 1975, No. 280, § 209; A.S.A. 1947, § 41-209.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 2 - CULPABILITY (§§ 5-2-201 — 5-2-210) › Section 5-2-210 - Human trafficking - Affirmative defense

(a)
As used in this section, "victim of trafficking of persons" means a person who has been subjected to trafficking of persons, §
5-18-103
.
(b)
It is an affirmative defense to an offense listed under subsection (c) of this section if at the time a person engaged in the conduct charged to constitute the offense the person was:
(1)
A victim of trafficking of persons; and
(2)
Engaged in the offense as a result of the trafficking of persons.
(c)
The affirmative defense under this section may be raised only in a prosecution for one (1) or more of the following offenses:
(1)
Forgery, §
5-37-201
;
(2)
Defrauding a prospective adoptive parent, §
5-37-216
;
(3)
A prostitution offense under §
5-70-101
et seq.;
(4)
Obscene performance at a live public show, §
5-68-305
; or
(5)
A controlled substance offense under §
5-64-401
et seq. that is not a Class Y felony.
Added by Act 2021, No. 1106,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 3 - MENTAL DISEASE OR DEFECT (§§ 5-2-301 — 5-2-332) › Section 5-2-302 - Lack of fitness to proceed generally

(a)
No person who lacks the capacity to understand a proceeding against him or her or to assist effectively in his or her own defense as a result of mental disease or defect shall be tried, convicted, or sentenced for the commission of an offense so long as the incapacity endures.
(b)
A court shall not enter a judgment of acquittal on the ground of mental disease or defect against a defendant who lacks the capacity to understand a proceeding against him or her or to assist effectively in his or her own defense as a result of mental disease or defect.
Acts 1975, No. 280, § 603; A.S.A. 1947, § 41-603; Acts 2001, No. 1554, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 3 - MENTAL DISEASE OR DEFECT (§§ 5-2-301 — 5-2-332) › Section 5-2-303 - Admissibility of evidence to show mental state

Evidence that the defendant suffered from a mental disease or defect is admissible to prove whether the defendant had the kind of culpable mental state required for commission of the offense charged.
Acts 1975, No. 280, § 602; A.S.A. 1947, § 41-602.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 3 - MENTAL DISEASE OR DEFECT (§§ 5-2-301 — 5-2-332) › Section 5-2-304 - Notice requirement

(a)
When a defendant intends to raise lack of criminal responsibility as a defense in a prosecution or put in issue his or her fitness to proceed, the defendant shall notify the prosecutor and the court at the earliest practicable time.
(b)
(1)
Failure to notify the prosecutor within a reasonable time before the trial date entitles the prosecutor to a continuance that for limitation purposes is deemed an excluded period granted on application of the defendant.
(2)
Alternatively, in lieu of suspending any further proceedings under §
5-2-328
, the court may order the immediate examination of the defendant at a designated receiving facility or program by an expert.
Amended by Act 2017, No. 472,§ 4, eff. 8/1/2017.
Acts 1975, No. 280, § 604; 1977, No. 360, § 1; A.S.A. 1947, § 41-604; Acts 1995, No. 767, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 3 - MENTAL DISEASE OR DEFECT (§§ 5-2-301 — 5-2-332) › Section 5-2-305 - [Repealed]

Repealed without reference to amendments by Act 2017, No. 913 by Act 2017, No. 472,§ 5, eff. 8/1/2017.
Amended by Act 2017, No. 913,§ 14, eff. 8/1/2017.
Amended by Act 2017, No. 913,§ 13, eff. 8/1/2017.
Amended by Act 2015, No. 1155,§ 2, eff. 7/22/2015.
Amended by Act 2015, No. 1155,§ 1, eff. 7/22/2015.
Amended by Act 2013, No. 506,§ 1, eff. 8/16/2013.
Acts 1975, No. 280, § 605; 1977, No. 360, § 2; 1979, No. 886, § 1; 1983, No. 191, § 3; A.S.A. 1947, § 41-605; Acts 1989, No. 645, §§ 5, 6; 1989, No. 898, § 1; 1989, No. 911, §§ 5, 6; 1995, No. 767, § 3; 2001, No. 1554, § 3; 2011, No. 991, §§ 1, 2, 3.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 3 - MENTAL DISEASE OR DEFECT (§§ 5-2-301 — 5-2-332) › Section 5-2-306 - Access to defendant by examiners of his or her choice

When a defendant desires to be examined by one (1) or more qualified physicians or other experts of his or her own choice, that qualified physician or other expert is permitted to have reasonable access to the defendant for the purpose of examination.
Acts 1975, No. 280, § 610; A.S.A. 1947, § 41-610.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 3 - MENTAL DISEASE OR DEFECT (§§ 5-2-301 — 5-2-332) › Section 5-2-307 - Admissibility of statements made during examination or treatment

A statement made by a person during an examination or treatment is admissible as evidence only:
(1)
To the extent permitted by the Arkansas Rules of Evidence; and
(2)
If the statement is constitutionally admissible.
Amended by Act 2017, No. 472,§ 6, eff. 8/1/2017.
Acts 1975, No. 280, § 615; 1977, No. 360, § 3; A.S.A. 1947, § 41-615.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 3 - MENTAL DISEASE OR DEFECT (§§ 5-2-301 — 5-2-332) › Section 5-2-308 - Expert witnesses - Mental health examiner

(a)
(1)
At a hearing concerning a defendant's lack of criminal responsibility or fitness to proceed, or upon trial, an examiner who conducted an examination under §
5-2-327
or §
5-2-328
may be called as a witness by the prosecution, the defendant, or the court.
(2)
If the examiner is called by the court, he or she is subject to cross-examination by the prosecution and by the defendant.
(b)
Both the prosecution and the defendant may summon any other qualified physician or other expert to testify.
Amended by Act 2017, No. 472,§ 7, eff. 8/1/2017.
Acts 1975, No. 280, § 611; A.S.A. 1947, § 41-611.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 3 - MENTAL DISEASE OR DEFECT (§§ 5-2-301 — 5-2-332) › Section 5-2-309 - Determination of fitness to proceed

(a)
If the defendant's fitness to proceed becomes an issue at any stage of the case, the issue of the defendant's fitness to proceed shall be determined by the court.
(b)
If neither party contests the finding of the report filed pursuant to §
5-2-327
, the court may make the determination under subsection (a) of this section on the basis of the report.
(c)
If the finding of the report is contested, the court shall hold a hearing on the issue of the defendant's fitness to proceed.
Amended by Act 2017, No. 472,§ 8, eff. 8/1/2017.
Acts 1975, No. 280, § 606; A.S.A. 1947, § 41-606.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 3 - MENTAL DISEASE OR DEFECT (§§ 5-2-301 — 5-2-332) › Section 5-2-311 - Lack of fitness to proceed - Motions without defendant's personal participation

The fact that the defendant lacks fitness to proceed does not preclude through counsel and without the personal participation of the defendant any motion upon:
(1)
A ground that the:
(A)
Indictment is insufficient;
(B)
Statute of limitations has run; or
(C)
Prosecution is barred by a former prosecution; or
(2)
Any other ground that the court deems susceptible of fair determination prior to trial.
Acts 1975, No. 280, § 608; A.S.A. 1947, § 41-608.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 3 - MENTAL DISEASE OR DEFECT (§§ 5-2-301 — 5-2-332) › Section 5-2-312 - Lack of criminal responsibility - Affirmative defense

(a)
(1)
It is an affirmative defense to a prosecution that at the time the defendant engaged in the conduct charged he or she lacked criminal responsibility.
(2)
When the affirmative defense of lack of criminal responsibility is presented to a jury, prior to deliberations the jury shall be instructed regarding the disposition of a defendant acquitted due to the defendant's lack of criminal responsibility as described under §
5-2-314
.
(b)
When a defendant is acquitted on a ground of lack of criminal responsibility, the verdict and judgment shall state that the defendant was acquitted on a ground of lack of criminal responsibility.
Amended by Act 2017, No. 472,§ 10, eff. 8/1/2017.
Acts 1975, No. 280, § 601; A.S.A. 1947, § 41-601; Acts 2001, No. 248, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 3 - MENTAL DISEASE OR DEFECT (§§ 5-2-301 — 5-2-332) › Section 5-2-313 - Acquittal based on lack of criminal responsibility report

(a)
On the basis of the report filed under §
5-2-328
and after a hearing, if a hearing is requested, the court may enter judgment of acquittal on the ground of lack of criminal responsibility if the court is satisfied that the following criteria are met:
(1)
The defendant currently has the capacity to understand the proceedings against him or her and to assist effectively in his or her own defense; and
(2)
At the time of the conduct charged, the defendant lacked criminal responsibility.
(b)
If the defendant did not raise the issue of lack of criminal responsibility as an affirmative defense under §
5-2-328
, then the court is required to make a factual determination that the defendant committed the offense and that he or she lacked criminal responsibility at the time of the commission of the offense.
Amended by Act 2017, No. 472,§ 11, eff. 8/1/2017.
Acts 1975, No. 280, § 609; A.S.A. 1947, § 41-609; Acts 1989, No. 645, § 2; 1989, No. 911, § 2; 2001, No. 1554, § 4.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 3 - MENTAL DISEASE OR DEFECT (§§ 5-2-301 — 5-2-332) › Section 5-2-316 - Conditional release - Subsequent discharge, modification, or revocation

(a)
(1)
The Secretary of the Department of Human Services or his or her designee or a person conditionally released under §
5-2-315
, or both, may apply to the court ordering the conditional release for discharge from or modification of the order granting conditional release on the ground that the person conditionally released under §
5-2-315
may be discharged or the order modified without danger to the person conditionally released under §
5-2-315
or to the person or property of another person.
(2)
The application shall be accompanied by a supporting affidavit of a qualified physician.
(3)
A copy of the application and affidavit shall be transmitted to the prosecuting attorney of the judicial circuit from which the person was conditionally released and to any person supervising his or her release, and the hearing on the application shall be held following notice to the prosecuting attorney and the person supervising his or her release.
(4)
On its own motion or on the motion of a party, a court shall dismiss an application made under this section if the court determines that the application is frivolous or repetitive.
(b)
(1)
After notice to the conditionally released person and a hearing, the court may determine that the conditionally released person has violated a condition of release or that for the safety of the conditionally released person or for the safety of the person or property of another person the conditional release should be modified, extended for a period specified by the court not to exceed five (5) years, or revoked.
(2)
(A)
If an order is entered revoking the most recent order of conditional release under subdivision (b)(1) of this section, all conditions of the release shall be abated, and the person shall be ordered to be committed to the custody of the secretary or the secretary's designee.
(B)
After the revocation described in subdivision (b)(2)(A) of this section, the person is subject to future discharge or conditional release only under the procedure prescribed in §
5-2-315
.
Amended by Act 2019, No. 910,§ 5125, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5124, eff. 7/1/2019.
Amended by Act 2013, No. 1125,§ 1, eff. 8/16/2013.
Amended by Act 2013, No. 981,§ 3, eff. 8/16/2013.
Acts 1975, No. 280, § 614; A.S.A. 1947, § 41-614; Acts 1997, No. 922, § 3; 2007, No. 623, § 1; 2011, No. 990, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 3 - MENTAL DISEASE OR DEFECT (§§ 5-2-301 — 5-2-332) › Section 5-2-317 - Jurisdiction and venue

(a)
A circuit court has exclusive jurisdiction over a person acquitted by reason of mental disease or defect and committed to the custody of the Secretary of the Department of Human Services pursuant to §
5-2-314(b)
.
(b)
Venue is determined as follows:
(1)
For a person committed to the custody of the Department of Human Services pursuant to §
5-2-314(b)
and who has been committed to the Arkansas State Hospital for examination, then venue may be in Pulaski County for the initial hearing pursuant to §
5-2-314
and for a conditional release hearing pursuant to §
5-2-315
; and
(2)
For a person who has been conditionally released pursuant to §
5-2-315
, then venue for any hearing seeking the modification, revocation, or dismissal of a conditional release order is in the county where the person currently resides.
Amended by Act 2019, No. 910,§ 5126, eff. 7/1/2019.
Acts 1995, No. 609, § 3; 2003, No. 1185, § 4; 2005, No. 1845, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 3 - MENTAL DISEASE OR DEFECT (§§ 5-2-301 — 5-2-332) › Section 5-2-326 - Restraint of an Arkansas State Hospital patient

(a)
If necessary for security, an Arkansas State Hospital patient shall be physically restrained with a restraint while being transported to locations away from hospital grounds or to and from any court appearance.
(b)
A patient shall not be physically restrained with a restraint if the restraint is medically contraindicated.
(c)
The restraint shall be implemented in accordance with safe and appropriate restraint techniques as determined by hospital policy.
(d)
The restraint used shall be the least restrictive type or technique necessary to effectively protect the patient, staff members, or others from harm.
(e)
The restraint shall not be used as a means of coercion, discipline, convenience, or retaliation by staff.
Acts 2007, No. 636, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 3 - MENTAL DISEASE OR DEFECT (§§ 5-2-301 — 5-2-332) › Section 5-2-329 - Data to be maintained by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services

(a)
(1)
The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall maintain a database of all examinations of defendants performed under this subchapter.
(2)
The database shall be maintained in a manner that enables it to generate reports and compile data with or without personal identifying information.
(3)
The database shall contain without limitation:
(A)
The defendant's information on the uniform order required under §
5-2-327
or §
5-2-328
;
(B)
The name of the judge who ordered the examination, if known;
(C)
The name of the attorney who requested the examination, if known;
(D)
The name of the examiner who conducted the examination;
(E)
The result of the examination;
(F)
If the defendant was examined regarding his or her fitness to proceed, whether the defendant had his or her fitness to proceed restored; and
(G)
If the defendant was found not guilty or acquitted because of the affirmative defense of lack of criminal responsibility, the defendant's progress through his or her commitment and conditional release.
(b)
The database should be designed in a manner that allows reports to be generated for the General Assembly, researchers, and the public to track the efficiency and effectiveness of the examination process and the restoration and treatment programs of the division without invading the privacy of individual defendants and patients.
Added by Act 2017, No. 472,§ 16, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 3 - MENTAL DISEASE OR DEFECT (§§ 5-2-301 — 5-2-332) › Section 5-2-330 - Examination by Division of Correction prohibited

A defendant committed to and under the supervision of the Division of Correction who is charged in circuit court shall not undergo an examination or observation conducted under this subchapter by a psychiatrist or other mental health employee of the division to determine the mental condition of the defendant.
Amended by Act 2019, No. 910,§ 645, eff. 7/1/2019.
Added by Act 2017, No. 472,§ 17, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 3 - MENTAL DISEASE OR DEFECT (§§ 5-2-301 — 5-2-332) › Section 5-2-331 - Cost of mental health services, examination, and treatment of defendant

(a)
A person or entity that provides treatment or other mental health services under this subchapter may impose a charge for the cost of the treatment or other mental health services rendered.
(b)
A charge for the cost of treatment or other mental health services under this section may not exceed the actual cost of the treatment or other mental health services provided.
(c)
(1)
The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall promulgate rules establishing reasonable charges for the cost of treatment or other mental health services under this section.
(2)
Rules establishing reasonable charges for the cost of treatment or other mental health services under this section shall provide for waiving or postponing the collection of the charges based on:
(A)
Clinical considerations;
(B)
The defendant's inability to pay; or
(C)
A court determination that the defendant is wholly or partly indigent and qualifies for the appointment of an attorney under §
16-87-213
.
Added by Act 2019, No. 567,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 3 - MENTAL DISEASE OR DEFECT (§§ 5-2-301 — 5-2-332) › Section 5-2-332 - Secured restoration program authorized

(a)
The purpose of this section is to provide an additional setting for the provision of restorative treatment services in the least restrictive environment.
(b)
The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services may establish and maintain a program to provide restoration services in a secure setting for defendants who:
(1)
Have been found to lack fitness to proceed; and
(2)
Are not in an acute phase of illness requiring the services of a psychiatric hospital.
(c)
(1)
A secure setting established under this section shall:
(A)
Provide a twenty-four-hour program of care by qualified clinicians and professional staff; and
(B)
Admit each defendant for a term not to exceed one hundred twenty (120) days, unless the division extends the term for good cause.
(2)
The division has the exclusive authority to determine whether and when a defendant is admitted to the program based on the defendant's acuity, medical need, and other factors determined by the division.
(3)
The division may procure one (1) or more qualified vendors to operate the program in part or in whole.
Added by Act 2023, No. 659,§ 3, eff. 1/1/2024.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 4 - PARTIES TO OFFENSES (§§ 5-2-401 — 5-2-406) › Section 5-2-401 - Criminal liability generally

A person may commit an offense either by his or her own conduct or that of another person.
Acts 1975, No. 280, § 301; A.S.A. 1947, § 41-301.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 4 - PARTIES TO OFFENSES (§§ 5-2-401 — 5-2-406) › Section 5-2-402 - Liability for conduct of another generally

A person is criminally liable for the conduct of another person if:
(1)
The person is made criminally liable for the conduct of another person by the statute defining the offense;
(2)
The person is an accomplice of another person in the commission of an offense; or
(3)
Acting with a culpable mental state sufficient for the commission of the offense, the person causes another person to engage in conduct that would constitute an offense but for a defense available to the other person.
Acts 1975, No. 280, § 302; A.S.A. 1947, § 41-302.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 4 - PARTIES TO OFFENSES (§§ 5-2-401 — 5-2-406) › Section 5-2-403 - Accomplices

(a)
A person is an accomplice of another person in the commission of an offense if, with the purpose of promoting or facilitating the commission of an offense, the person:
(1)
Solicits, advises, encourages, or coerces the other person to commit the offense;
(2)
Aids, agrees to aid, or attempts to aid the other person in planning or committing the offense; or
(3)
Having a legal duty to prevent the commission of the offense, fails to make a proper effort to prevent the commission of the offense.
(b)
When causing a particular result is an element of an offense, a person is an accomplice of another person in the commission of that offense if, acting with respect to that particular result with the kind of culpable mental state sufficient for the commission of the offense, the person:
(1)
Solicits, advises, encourages, or coerces the other person to engage in the conduct causing the particular result;
(2)
Aids, agrees to aid, or attempts to aid the other person in planning or engaging in the conduct causing the particular result; or
(3)
Having a legal duty to prevent the conduct causing the particular result, fails to make a proper effort to prevent the conduct causing the particular result.
Acts 1975, No. 280, § 303; A.S.A. 1947, § 41-303.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 4 - PARTIES TO OFFENSES (§§ 5-2-401 — 5-2-406) › Section 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.
Acts 1975, No. 280, § 305; 1977, No. 474, § 1; A.S.A. 1947, § 41-305.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 4 - PARTIES TO OFFENSES (§§ 5-2-401 — 5-2-406) › Section 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.
Acts 1975, No. 280, § 304; A.S.A. 1947, § 41-304; Acts 1995, No. 1294, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 4 - PARTIES TO OFFENSES (§§ 5-2-401 — 5-2-406) › Section 5-2-406 - Multiple convictions - Different degrees

When two (2) or more persons are criminally liable for an offense of which there are different degrees, each person is liable only for the degree of the offense that is consistent with the person's own:
(1)
Culpable mental state; or
(2)
Accountability for an aggravating fact or circumstance.
Acts 1975, No. 280, § 306; A.S.A. 1947, § 41-306.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 5 - ORGANIZATIONS AND THEIR AGENTS (§§ 5-2-501 — 5-2-503) › Section 5-2-501 - Definitions

As used in this subchapter:
(1)
"Agent" means any officer, director, or employee of an organization or any other person who is authorized to act in behalf of an organization;
(2)
"High managerial agent" means an agent or officer of an organization who has duties of such responsibility that his or her conduct reasonably may be assumed to represent the policy of the organization; and
(3)
"Organization" means a legal entity and includes:
(A)
A corporation, company, association, firm, partnership, or joint-stock company;
(B)
A foundation, institution, society, union, club, or church; or
(C)
Any other group of persons organized for any purpose.
Acts 1975, No. 280, § 401; A.S.A. 1947, § 41-401.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 5 - ORGANIZATIONS AND THEIR AGENTS (§§ 5-2-501 — 5-2-503) › Section 5-2-502 - Liability of organizations

(a)
An organization commits an offense if:
(1)
The organization omits to discharge a specific duty of affirmative performance imposed on an organization by law and the omission is prohibited by criminal law;
(2)
The conduct or result specified in the definition of the offense is engaged in, authorized, solicited, requested, commanded, or recklessly tolerated by the board of directors of a corporation or by the executive board of another type of organization or by a high managerial agent acting within the scope of his or her office or employment and in behalf of the organization; or
(3)
The conduct or result specified in the definition of the offense is engaged in or caused by an agent of the organization while acting within the scope of his or her office or employment and in behalf of the organization and the offense is:
(A)
A violation;
(B)
A misdemeanor of any class; or
(C)
Defined by a statute that clearly indicates a legislative purpose to impose criminal liability on an organization.
(b)
Notwithstanding a provision of this subchapter, if the statute defining an offense designates an agent for whose conduct an organization is liable or the circumstances under which an organization is liable, the provisions of that statute apply.
Acts 1975, No. 280, § 402; A.S.A. 1947, § 41-402.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 5 - ORGANIZATIONS AND THEIR AGENTS (§§ 5-2-501 — 5-2-503) › Section 5-2-503 - Liability of agents

(a)
A person is criminally liable for any conduct constituting an offense that he or she performs or causes to be performed in the name of or in behalf of an organization to the same extent as if that conduct were performed in his or her own name or behalf.
(b)
(1)
When a duty to act or refrain from acting is imposed by law upon an organization, any agent of the organization having primary responsibility for the discharge of the duty is criminally liable for a reckless performance or omission to perform the required act to the same extent as if the duty were imposed by law directly upon the agent.
(2)
A person convicted of an offense by reason of his or her criminal liability for the conduct of an organization is not subject to the sentence authorized by §
5-4-201(e)
.
Acts 1975, No. 280, § 403; A.S.A. 1947, § 41-403.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 6 - JUSTIFICATION (§§ 5-2-601 — 5-2-622) › Section 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)
"School employee" includes a person employed by a school under a written contract, which shall include a:
(A)
Classified school employee; and
(B)
Licensed school employee;
(9)
"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
(10)
"Vehicle" means any craft or device designed for the transportation of a person or property across land or water or through the air.
Amended by Act 2023, No. 165,§ 1, eff. 8/1/2023.
Acts 1975, No. 280, § 501; A.S.A. 1947, § 41-501.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 6 - JUSTIFICATION (§§ 5-2-601 — 5-2-622) › Section 5-2-602 - Defense

In a prosecution for an offense, justification as defined in this subchapter is a defense.
Acts 1975, No. 280, § 502; A.S.A. 1947, § 41-502.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 6 - JUSTIFICATION (§§ 5-2-601 — 5-2-622) › Section 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.
Acts 1975, No. 280, § 503; A.S.A. 1947, § 41-503.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 6 - JUSTIFICATION (§§ 5-2-601 — 5-2-622) › Section 5-2-604 - Choice of evils

(a)
Conduct that would otherwise constitute an offense is justifiable when:
(1)
The conduct is necessary as an emergency measure to avoid an imminent public or private injury; and
(2)
According to ordinary standards of reasonableness, the desirability and urgency of avoiding the imminent public or private injury outweigh the injury sought to be prevented by the law proscribing the conduct.
(b)
Justification under this section shall not rest upon a consideration pertaining to the morality or advisability of the statute defining the offense charged.
(c)
If the actor is reckless or negligent in bringing about the situation requiring a choice of evils or in appraising the necessity for his or her conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish a culpable mental state.
Acts 1975, No. 280, § 504; A.S.A. 1947, § 41-504.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 6 - JUSTIFICATION (§§ 5-2-601 — 5-2-622) › Section 5-2-605 - Use of physical force generally

The use upon another person of physical force that would otherwise constitute an offense is justifiable under any of the following circumstances:
(1)
A parent, school employee, guardian, or other person entrusted with care and supervision of a minor or an incompetent person may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent reasonably necessary to maintain discipline or to promote the welfare of the minor or incompetent person or if the parent, school employee, guardian, or other person entrusted with care and supervision of the minor or the incompetent person is authorized by §
5-2-606
to use physical force on the minor or incompetent person;
(2)
A warden or other authorized official of a correctional facility may use nondeadly physical force to the extent reasonably necessary to maintain order and discipline;
(3)
A person responsible for the maintenance of order in a common carrier or a person acting under the responsible person's direction may use nondeadly physical force to the extent reasonably necessary to maintain order;
(4)
A person who reasonably believes that another person is about to commit suicide or to inflict serious physical injury upon himself or herself may use nondeadly physical force upon the other person to the extent reasonably necessary to thwart the suicide or infliction of serious physical injury;
(5)
A duly licensed physician or a person assisting a duly licensed physician at the duly licensed physician's direction may use physical force for the purpose of administering a recognized form of treatment reasonably adapted to promoting the physical or mental health of a patient if the treatment is administered:
(A)
With the consent of the patient or, if the patient is a minor who is unable to appreciate or understand the nature or possible consequences of the proposed medical treatment or is an incompetent person, with the consent of a parent, guardian, or other person entrusted with the patient's care and supervision; or
(B)
In an emergency when the duly licensed physician reasonably believes that no person competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.
Amended by Act 2023, No. 165,§ 2, eff. 8/1/2023.
Acts 1975, No. 280, § 505; A.S.A. 1947, § 41-505; Acts 2007, No. 827, § 12.