Ark. Code Ann. § 5-2-203
This is the official text of Ark. Code Ann. § 5-2-203, 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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Culpable mental states - Interpretation of statutes
Official statutory text
(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.
(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.
(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.
(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.
(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.
Status: in_force
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