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 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-125) › Section 5-1-110 - Conduct constituting more than one offense - Prosecution

(a)
When the same conduct of a defendant may establish the commission of more than one (1) offense, the defendant may be prosecuted for each such offense. However, the defendant may not be convicted of more than one (1) offense if:
(1)
One (1) offense is included in the other offense, as defined in subsection (b) of this section;
(2)
One (1) offense consists only of a conspiracy, solicitation, or attempt to commit the other offense;
(3)
Inconsistent findings of fact are required to establish the commission of the offenses;
(4)
The offenses differ only in that one (1) offense is defined to prohibit a designated kind of conduct generally and the other offense to prohibit a specific instance of that conduct; or
(5)
The conduct constitutes an offense defined as a continuing course of conduct and the defendant's course of conduct was uninterrupted, unless the law provides that a specific period of the course of conduct constitutes a separate offense.
(b)
A defendant may be convicted of one (1) offense included in another offense with which he or she is charged. An offense is included in an offense charged if the offense:
(1)
Is established by proof of the same or less than all of the elements required to establish the commission of the offense charged;
(2)
Consists of an attempt to commit the offense charged or to commit an offense otherwise included within the offense charged; or
(3)
Differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a lesser kind of culpable mental state suffices to establish the offense's commission.
(c)
The court is not obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting him or her of the included offense.
(d)
(1)
Notwithstanding any provision of law to the contrary, a separate conviction and sentence are authorized for:
(A)
Capital murder, §
5-10-101
, and any felony utilized as an underlying felony for the capital murder;
(B)
Criminal attempt to commit capital murder, §§
5-3-201
and
5-10-101
, and any felony utilized as an underlying felony for the attempted capital murder;
(C)
Murder in the first degree, §
5-10-102
, and any felony utilized as an underlying felony for the murder in the first degree;
(D)
Criminal attempt to commit murder in the first degree, §§
5-3-201
and
5-10-102
, and any felony utilized as an underlying felony for the attempted murder in the first degree; and
(E)
Continuing criminal enterprise, §
5-64-405
, and any predicate felony utilized to prove the continuing criminal enterprise.
(2)
Pursuant to §
5-4-403
, with respect to any offense mentioned in subdivision (d)(1) of this section, the trial judge may order that the multiple terms of imprisonment run concurrently or consecutively.
Acts 1975, No. 280, § 105; A.S.A. 1947, § 41-105; Acts 1995, No. 657, § 2; 2007, No. 670, § 1; 2009, No. 748, § 1.