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Ark. Code Ann. § 5-2-603

Execution of public duty

Applied in 2 court decisions — leading case Christian v. State (1994)

Most recently applied in State v. Ewing (August 2019)

Acts 1975, No. 280, § 503; A.S.A. 1947, § 41-503.

(1) Conduct that would otherwise constitute an offense is justifiable when it is: Required or authorized by law or by a judicial decree; or

(2) Performed by a public servant or a person acting at the public servant's direction in a reasonable exercise or performance of the public servant's official power, duty, or function.

(3) The justification afforded by this section applies if the actor reasonably believes his or her conduct is required or authorized: By the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or tribunal or defect in the legal process; or

(4) To assist a public servant in the performance of the public servant's duty, notwithstanding that the public servant has exceeded the public servant's legal authority.

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.