Ark. Code Ann. § 5-2-312

This is the official text of Ark. Code Ann. § 5-2-312, 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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Lack of criminal responsibility - Affirmative defense

Official statutory text

(a) (1) It is an affirmative defense to a prosecution that at the time the defendant engaged in the conduct charged he or she lacked criminal responsibility. (2) When the affirmative defense of lack of criminal responsibility is presented to a jury, prior to deliberations the jury shall be instructed regarding the disposition of a defendant acquitted due to the defendant's lack of criminal responsibility as described under § 5-2-314 . (b) When a defendant is acquitted on a ground of lack of criminal responsibility, the verdict and judgment shall state that the defendant was acquitted on a ground of lack of criminal responsibility. Amended by Act 2017, No. 472,§ 10, eff. 8/1/2017. Acts 1975, No. 280, § 601; A.S.A. 1947, § 41-601; Acts 2001, No. 248, § 1.

(a) (1) It is an affirmative defense to a prosecution that at the time the defendant engaged in the conduct charged he or she lacked criminal responsibility. (2) When the affirmative defense of lack of criminal responsibility is presented to a jury, prior to deliberations the jury shall be instructed regarding the disposition of a defendant acquitted due to the defendant's lack of criminal responsibility as described under § 5-2-314 .

(1) It is an affirmative defense to a prosecution that at the time the defendant engaged in the conduct charged he or she lacked criminal responsibility.

(2) When the affirmative defense of lack of criminal responsibility is presented to a jury, prior to deliberations the jury shall be instructed regarding the disposition of a defendant acquitted due to the defendant's lack of criminal responsibility as described under § 5-2-314 .

(b) When a defendant is acquitted on a ground of lack of criminal responsibility, the verdict and judgment shall state that the defendant was acquitted on a ground of lack of criminal responsibility.

Amended by Act 2017, No. 472,§ 10, eff. 8/1/2017.

Acts 1975, No. 280, § 601; A.S.A. 1947, § 41-601; Acts 2001, No. 248, § 1.

Status: in_force

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