Public-domain · open source
OpenJurist

Ark. Code Ann. § 5-2-404

Defenses

Applied in 3 court decisions — leading case Wilkins v. State (1996)

Most recently applied in Wilkins v. State (April 1996)

Acts 1975, No. 280, § 305; 1977, No. 474, § 1; A.S.A. 1947, § 41-305.

How often courts cite this section

1991199610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Unless otherwise provided by the statute defining the offense, a person is not an accomplice in an offense if: The person is a victim of the offense; or

(2) The offense is defined so that the person's conduct is inevitably incident to the commission of the offense.

(3) It is an affirmative defense to a prosecution for an offense respecting which the liability of the defendant is based on the conduct of another person that the defendant terminates his or her complicity prior to the commission of the offense and: Wholly deprives his or her complicity of effectiveness in the commission of the offense;

(4) Gives timely warning to an appropriate law enforcement authority; or

(5) Otherwise makes a proper effort to prevent commission of the offense.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.