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Ark. Code Ann. § 5-1-103

This is the official text of Ark. Code Ann. § 5-1-103, part of Arkansas’s Code Ann — part of the compiled statutory law of Arkansas, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.

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Applicability to offenses generally

Official statutory text

(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 and committed after January 1, 1976. (c) (1) The provisions of the Arkansas Criminal Code do not apply to the prosecution for any offense committed prior to January 1, 1976. (2) An offense committed prior to January 1, 1976, shall be construed and punished in accordance with the law existing at the time of the commission of the offense. (d) (1) A defendant in a criminal prosecution for an offense committed prior to January 1, 1976, may elect to have the construction and application of any defense to the prosecution governed by the provisions of the Arkansas Criminal Code. (2) (A) An election under subdivision (d)(1) of this section shall be made by motion to the court that is to conduct the trial. (B) (i) The motion shall be timely filed but not later than ten (10) days before the date set for the trial of the case. (ii) However, the court for a good cause shown may entertain the motion at a later time. (e) When all or part of a statute defining a criminal offense is amended or repealed, the statute or part of the statute that is amended or repealed remains in force for the purpose of authorizing the prosecution, conviction, and punishment of a person committing an offense under the statute or part of the statute prior to the effective date of the amending or repealing act. Acts 1975, No. 280, § 102; A.S.A. 1947, § 41-102.

(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 and committed after January 1, 1976.

(c) (1) The provisions of the Arkansas Criminal Code do not apply to the prosecution for any offense committed prior to January 1, 1976. (2) An offense committed prior to January 1, 1976, shall be construed and punished in accordance with the law existing at the time of the commission of the offense.

(1) The provisions of the Arkansas Criminal Code do not apply to the prosecution for any offense committed prior to January 1, 1976.

(2) An offense committed prior to January 1, 1976, shall be construed and punished in accordance with the law existing at the time of the commission of the offense.

(d) (1) A defendant in a criminal prosecution for an offense committed prior to January 1, 1976, may elect to have the construction and application of any defense to the prosecution governed by the provisions of the Arkansas Criminal Code. (2) (A) An election under subdivision (d)(1) of this section shall be made by motion to the court that is to conduct the trial. (B) (i) The motion shall be timely filed but not later than ten (10) days before the date set for the trial of the case. (ii) However, the court for a good cause shown may entertain the motion at a later time.

(1) A defendant in a criminal prosecution for an offense committed prior to January 1, 1976, may elect to have the construction and application of any defense to the prosecution governed by the provisions of the Arkansas Criminal Code.
ot later than ten (10) days before the date set for the trial of the case. (ii) However, the court for a good cause shown may entertain the motion at a later time.

(1) A defendant in a criminal prosecution for an offense committed prior to January 1, 1976, may elect to have the construction and application of any defense to the prosecution governed by the provisions of the Arkansas Criminal Code.

(2) (A) An election under subdivision (d)(1) of this section shall be made by motion to the court that is to conduct the trial. (B) (i) The motion shall be timely filed but not later than ten (10) days before the date set for the trial of the case. (ii) However, the court for a good cause shown may entertain the motion at a later time.

(A) An election under subdivision (d)(1) of this section shall be made by motion to the court that is to conduct the trial.

(B) (i) The motion shall be timely filed but not later than ten (10) days before the date set for the trial of the case. (ii) However, the court for a good cause shown may entertain the motion at a later time.

(i) The motion shall be timely filed but not later than ten (10) days before the date set for the trial of the case.

(ii) However, the court for a good cause shown may entertain the motion at a later time.

(e) When all or part of a statute defining a criminal offense is amended or repealed, the statute or part of the statute that is amended or repealed remains in force for the purpose of authorizing the prosecution, conviction, and punishment of a person committing an offense under the statute or part of the statute prior to the effective date of the amending or repealing act.

Acts 1975, No. 280, § 102; A.S.A. 1947, § 41-102.

Status: in_force

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.