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Section 5-2-204 - Elements of culpability - Exceptions to culpable mental state requirement — Arkansas Law | CourtGPT
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  3. Arkansas/
  4. Title 5 - Criminal Offenses (§§ 5-1-101 — 5-79-101)/
  5. Subtitle 1 - General Provisions/
  6. Subchapter 2 - Culpability (§§ 5-2-201 — 5-2-210)/
  7. Subchapter 2 - Culpability/
  8. Section 5-2-204 - Elements of culpability - Exceptions to culpable mental state requirement
Arkansas Legal Code

Section 5-2-204 - Elements of culpability - Exceptions to culpable mental state requirement

(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.
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