§ 5-1-101. Title

This act shall be known as the “Arkansas Criminal Code”.

§ 5-1-102. Definitions

As used in the Arkansas Criminal Code: (1) “Act” or “action” means the same as defined in § 5-2-201; (2) “Actor” includes, when appropriate, a person who possesses something or who omits to act; (3) “Conduct” means the same as defined in § 5-2-201; (4) “Deadly weapon” means: (A) A firearm or anything manifestly designed, […]

§ 5-1-103. Applicability to offenses generally

(a) The provisions of the Arkansas Criminal Code govern a prosecution for any offense defined by the Arkansas Criminal Code and committed after January 1, 1976. (b) Unless otherwise expressly provided, the provisions of the Arkansas Criminal Code govern a prosecution for any offense defined by a statute not part of the Arkansas Criminal Code […]

§ 5-1-104. Territorial applicability

(a) A person may be convicted under a law of this state of an offense committed by his or her own or another person’s conduct for which he or she is legally accountable if: (1) Either the conduct or a result that is an element of the offense occurs within this state; (2) Conduct occurring […]

§ 5-1-105. Offenses — Court authority not limited

(a) An offense is conduct for which a sentence to a term of imprisonment or fine or both is authorized by statute. (b) An offense is classified as follows: (1) Felony; (2) Misdemeanor; or (3) Violation. (c) Nothing in the Arkansas Criminal Code shall be construed to limit the power of a court to punish […]

§ 5-1-106. Felonies

(a) An offense is a felony if the offense is designated a felony by: (1) The Arkansas Criminal Code; or (2) A statute not a part of the Arkansas Criminal Code. (b) A felony is classified as follows: (1) Class Y felony; (2) Class A felony; (3) Class B felony; (4) Class C felony; or […]

§ 5-1-107. Misdemeanors

(a) An offense is a misdemeanor if the offense is: (1) Designated a misdemeanor by the Arkansas Criminal Code; (2) Designated a misdemeanor by a statute not a part of the Arkansas Criminal Code, except as provided in § 5-1-108; or (3) Not designated a felony and a sentence to imprisonment is authorized upon conviction. […]

§ 5-1-108. Violations

(a) An offense is a violation if the offense is designated a violation by: (1) The Arkansas Criminal Code; or (2) A statute not a part of the Arkansas Criminal Code. (b) Regardless of any designation appearing in the statute defining an offense, an offense is a violation for purposes of the Arkansas Criminal Code […]

§ 5-1-109. Statute of limitations

(a) (1) A prosecution for the following offenses may be commenced at any time: (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) Rape, § 5-14-103, if the victim was a minor at the time of the offense; (E) Sexual indecency with […]

§ 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 […]

§ 5-1-111. Burden of proof — Defenses and affirmative defenses — Presumption

(a) Except as provided in subsections (b), (c), and (d) of this section, no person may be convicted of an offense unless the following are proved beyond a reasonable doubt: (1) Each element of the offense; (2) Jurisdiction; (3) Venue; and (4) The commission of the offense within the time period specified in § 5-1-109. […]

§ 5-1-112. Affirmative defense — Former prosecution for same offense

A former prosecution is an affirmative defense to a subsequent prosecution for the same offense under any of the following circumstances: (1) (A) The former prosecution resulted in an acquittal. (B) (i) There is an acquittal if the former prosecution resulted in a determination of not guilty. (ii) A determination of guilt of a lesser […]

§ 5-1-113. Affirmative defense — Former prosecution for different offense

A former prosecution is an affirmative defense to a subsequent prosecution for a different offense under the following circumstances: (1) The former prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112, and the subsequent prosecution is for: (A) Any offense of which the defendant could have been convicted in […]

§ 5-1-114. Affirmative defense — Former prosecution in another jurisdiction

When conduct constitutes an offense within the concurrent jurisdiction of this state and of the United States or another state or territory of the United States, a prosecution in any such other jurisdiction is an affirmative defense to a subsequent prosecution in this state under the following circumstances: (1) The first prosecution resulted in an […]

§ 5-1-115. Former prosecutions that are not affirmative defenses

A former prosecution is not an affirmative defense within the meaning of §§ 5-1-112 — 5-1-114 under any of the following circumstances: (1) The former prosecution was before a court that lacked jurisdiction over the defendant or the offense; (2) The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting […]