Ark. Code Ann. § 5-2-204
This is the official text of Ark. Code Ann. § 5-2-204, 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.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Elements of culpability - Exceptions to culpable mental state requirement
Official statutory text
(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.
(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.
(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.
(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.
(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.
Status: in_force
Need a lawyer in Arkansas?
Find a Arkansas lawyer
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.