Ark. Code Ann. § 5-2-405
This is the official text of Ark. Code Ann. § 5-2-405, 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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Claims that are not defenses to liability for another
Official statutory text
In any prosecution for an offense in which the liability of the defendant is based on conduct of another person, it is no defense that: (1) The offense charged, as defined, can be committed only by a particular class of persons and the defendant not belonging to that particular class of persons is for that reason legally incapable of committing the offense in an individual capacity, unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing his or her incapacity; (2) The other person has not been charged with, prosecuted for, convicted of, or has been acquitted of any offense or has been convicted of a different offense or degree of offense, based upon the conduct in question, even if the defendant and the other person were tried jointly; or (3) The other person has a legal immunity from prosecution based upon the conduct in question. Acts 1975, No. 280, § 304; A.S.A. 1947, § 41-304; Acts 1995, No. 1294, § 1.
In any prosecution for an offense in which the liability of the defendant is based on conduct of another person, it is no defense that:
(1) The offense charged, as defined, can be committed only by a particular class of persons and the defendant not belonging to that particular class of persons is for that reason legally incapable of committing the offense in an individual capacity, unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing his or her incapacity;
(2) The other person has not been charged with, prosecuted for, convicted of, or has been acquitted of any offense or has been convicted of a different offense or degree of offense, based upon the conduct in question, even if the defendant and the other person were tried jointly; or
(3) The other person has a legal immunity from prosecution based upon the conduct in question.
Acts 1975, No. 280, § 304; A.S.A. 1947, § 41-304; Acts 1995, No. 1294, § 1.
In any prosecution for an offense in which the liability of the defendant is based on conduct of another person, it is no defense that:
(1) The offense charged, as defined, can be committed only by a particular class of persons and the defendant not belonging to that particular class of persons is for that reason legally incapable of committing the offense in an individual capacity, unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing his or her incapacity;
(2) The other person has not been charged with, prosecuted for, convicted of, or has been acquitted of any offense or has been convicted of a different offense or degree of offense, based upon the conduct in question, even if the defendant and the other person were tried jointly; or
(3) The other person has a legal immunity from prosecution based upon the conduct in question.
Acts 1975, No. 280, § 304; A.S.A. 1947, § 41-304; Acts 1995, No. 1294, § 1.
Status: in_force
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