Criminal Law - Arkansas Distinctions

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Common Law Crimes

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Arkansas has abolished common law crimes.

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Felony Classifications

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Capital Murder: Death Penalty or Life Imprisonment
Class Y Felony: 10 Years to Life Imprisonment
Class A Felony: 6 to 30 Years Imprisonment; Fine of up to $15,000
Class B Felony: 5 to 20 Years Imprisonment; Fine of up to $15,000
Class C Felony: 3 to 10 Years Imprisonment; Fine of up to $10,000
Class D Felony: Up to 6 Years Imprisonment; Fine up to $10,000

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Misdemeanor Classifications

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Class A Misdemeanor: Up to 1 Year Imprisonment; Fine up to $1,000
Class B Misdemeanor: Up to 90 Days Imprisonment; Fine up to $500
Class C Misdemeanor: Up to 30 Days Imprisonment; Fine up to $100

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Merger

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Arkansas retains the "old" rule of merger: If the conspirators are successful in completing the crime, the crime of conspiracy "mergers" into the completed crime, and the conspirator may be convicted only of one or the other, but not both, of the crimes.

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Overt Act (Attempt)

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The "substantial step" test of the MPC is the standard to be met in determining whether an overt act has been committed for purposes of attempt.

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Insanity

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American Law Institute (ALI) or MPC Test has been adopted by Arkansas.

"A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law."

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Retreat - Self-Defense

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Arkansas recognizes a duty to retreat before using deadly force in self-defense; however, there is no duty to retreat if the attack occurs in the victim's home and the victim was not the initial aggressor.

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Deadly Force - Defense of a Dwelling or Vehicle

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In Arkansas, one is justified in the use of deadly force if she reasonably believes such force is necessary to prevent the commission of arson or burglary by a trespasser.

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Duress

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In Arkansas, duress is a possible defense to any crime, including homicide. The defendant must establish that she was compelled by the threat or use of unlawful force that a person of ordinary firmness would not have resisted. However, it is not a defense if the defendant is at fault for creating the situation that made her unlawful conduct necessary.

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Reasonable Reliance on Official Interpretation or Advice - Mistake or Ignorance of Law

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Arkansas has adopted the MPC Rule that mistake of law is a defense when the statement relied upon is obtained from one responsible for the "interpretation or administration of the law defining the offense."

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Serious Injury - Battery

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An injury that creates a substantial risk of death or produces protracted disfigurement, protracted impairment of health, or complete loss or protracted impairment of the use of any body part.

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Battery in the First Degree

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Class B Felony

Includes:
(1) Purposely causing a serious injury to another by means of a deadly weapon;
(2) Causing a serious injury to another under circumstances manifesting an extreme indifference to the value of human life;
(3) Purposely causing an injury to another by means of a firearm; and
(4) Intentionally or knowingly causing a serious injury to a person known to be 12 years old or younger.

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Battery in the Second Degree

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Class D Felony

Includes:
(1) With the purpose of causing injury to another, causing a serious injury to another;
(2) Purposely causing injury to another by means of a deadly weapon other than a firearm;
(3) Recklessly causing a serious injury to another by means of a deadly weapon; or
(4) Intentionally or knowingly causing an injury to a person known to be 12 years old or younger, 60 years old or older, incompetent, or a law enforcement officer, civil servant, or medical worker in the performance of his duties.

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Battery in the Third Degree

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Class A Misdemeanor

Includes:
(1) Purposely or recklessly causing a physical injury;
(2) Negligently causing a physical injury with a deadly weapon; or
(3) Purposely causing a physical impairment by administering to another person, without that person's consent, any drug or substance.

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Aggravated Assault

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Class D Felony

A person is guilty of aggravated assault when she, under circumstances manifesting an extreme indifference to the value of human life, purposely engages in conduct that creates a substantial danger of death or serious bodily injury to another.

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Assault in the First Degree

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Class A Misdemeanor

A person is guilty of assault in the first degree when she recklessly engages in conduct that creates a substantial risk of death or serious injury to another.

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Assault in the Second Degree

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Class B Misdemeanor

A person is guilty of assault in the second degree when she recklessly engages in conduct that creates a substantial risk of injury to another.

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Assault in the Third Degree

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Class C Misdemeanor

A person is guilty of assault in the third degree when she purposely creates apprehension of an imminent injury.

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Capital Murder

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In general, capital murder is causing, with premeditation or deliberation, the death of another person. The Arkansas statute provides further that a person commits capital murder if:
(1) Felony Murder (violent felonies);
(2) Murder in the course of arson;
(3) Murder for hire (on either side);
(4) Killing someone 14 years old or younger (if he's 18 or older); or
(5) Drive-by shooting.

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Affirmative Defense to Capital Murder

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Defendant was not the only participant and did not commit, solicit, command, induce, procure, counsel, or aid the murder.

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Murder in the First Degree

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Class Y Felony

A person commits murder in the first degree if:
(1) Felony murder (when not constituting capital murder);
(2) Kills one person when he meant to kill another; or
(3) Kills someone 14 years or younger.

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Affirmative Defense to Murder in the First Degree

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Wasn't the only participant and:
(1) Did not commit the homicidal act and didn't solicit, procure, command, induce, or aid its commission;
(2) Was not armed with a deadly weapon;
(3) Reasonably believed that no other participant was armed with a deadly weapon; and
(4) Reasonably believed that no other participant intended to engage in conduct which could result in death or serious physical injury.

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Murder in the Second Degree

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Class B Felony

A person commits murder in the second degree if:
(1) He knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; or
(2) With the purpose of causing serious injury to another person, he causes the death of another person.

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Manslaughter

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Class C Felony

A person commits manslaughter if:
(1) He causes the death of another person under circumstances that would be murder, except that he acts under the influence of extreme emotional disturbance for which there is a reasonable excuse;
(2) He purposely causes or aids another person to commit suicide;
(3) He recklessly causes the death of another person; or
(4) Negligently causing death in the course of a felony (attempt or flight from).

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Affirmative Defense to Manslaughter

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Same as for Murder in the First Degree.

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Negligent Homicide

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A person commits negligent homicide if he:
(1) Negligently causes the death of another as the result of operating a vehicle, watercraft, or aircraft while intoxicated (Class C Felony); or
(2) Negligently causes the death of another (Class A Misdemeanor).

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Classification of Kidnapping

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Class Y Felony unless the victim is voluntarily released alive and in a safe place before defendant is brought to trial, in which case it is a Class B Felony.

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Kidnapping

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Under Arkansas statute, kidnapping requires the restraint of another person "so as to interfere substantially with his liberty" with the purpose of:
(1) Holding the victim for ransom, reward, or the commission of any act in exchange for the victim's release;
(2) Using the victim as a hostage or a shield;
(3) Facilitating the commission of or flight from a felony;
(4) Inflicting physical injury on, or engaging in sexual intercourse, deviate sexual activity, or sexual contact with, the victim;
(5) Terrorizing the victim or another person; or
(6) Interfering with the performance of any governmental or political function.

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Rape

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Class Y Felony

A person commits rape if he engages in sexual intercourse or deviate sexual activity with another person:
(1) By forcible compulsion;
(2) Who is incapable of consent because she is physically helpless, mentally defective, or mentally incapacitated;
(3) Who is less than 14 years of age (unless actor was not more than 3 years older); or
(4) Who is less than 18 years of age and the actor is the victim's guardian, sibling, grandparent, step-grandparent, aunt, uncle, niece, nephew, or first cousin (unless actor is no more than three years older than the victim, but consent is no defense).

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Sexual Assault in the First Degree

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Class A Felony

A person commits sexual assault in the first degree when he engages in sexual intercourse or deviate sexual activity with a victim who is younger than 18 years old and not married to the actor, and the actor is:
(1) Employed in a facility to which the victim is confined or by the agency having custody of the victim;
(2) Deemed a professional by statute and is in a position of trust or authority over the victim, and the actor uses his position over the victim to engage in the sexual activity with the victim; or
(3) The victim's guardian, an employee in the victim's school or school district, a temporary caretaker, or in a position of trust or authority over the victim.

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Defenses to Sexual Assault in the First Degree

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Consent is not a defense.

In cases in which the actor is an employee in the victim's school or school district, temporary caretaker, or a person in a position of trust or authority over the victim, it is an affirmative defense that the actor was not more than three years older than the victim.

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Sexual Assault in the Second Degree

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Class B Felony

A person commits sexual assault in the second degree when he engages in sexual contact with another person:
(1) By forcible compulsion;
(2) Who is incapable of consent because she is physically helpless, mentally defective, or mentally incapacitated;
(3) Who is younger than 14 and not married to the actor, provided that the actor is AT LEAST 18;
(4) Who is younger than 14 and not married to the actor provided that the actor is younger than 18; or
(5) Who is younger than 18, and the actor is employed in a facility to which the victim is confined, deemed a professional by statute and is in a position of trust or authority over the victim, or is the victim's guardian, an employee in the victim's school or school district, or a temporary caretaker.

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Defenses to Sexual Assault in the Second Degree

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Consent is not a defense.

Affirmative defense if the victim is younger than 14 and the actor is younger than 18 (if they are not married), and the actor is not more than three years older than the victim when the victim is younger than 12 OR not more than four years older than the victim when the victim is 12 or older.

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Sexual Assault in the Third Degree

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Class C Felony

A person commits sexual assault in the third degree when he engages in sexual intercourse or deviate sexual activity with another person who is not his spouse, provided that the actor is:
(1) Employed in a facility to which the victim is confined or by the agency having custody of the victim;
(2) Deemed a professional by statute, is a member of the clergy, or is in a position of trust or authority over the victim, and uses his position over the victim to engage in the sexual activity; or
(3) Is younger than 18 and engages in sexual activity with another person who is younger than 14 and not married to the actor. It is an affirmative defense that the actor is not more than three years older than the victim.

Consent is not a defense.

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Sexual Assault in the Fourth Degree

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Class D Felony if person engages in (1) sexual intercourse or (2) deviate sexual activity with another person who is not his spouse and is younger than 16, provided the actor is at least 20 years old.

Class A Misdemeanor if person engages in sexual contact with another person who is not his spouse and who is younger than 16, provided that the actor is at least 20 years old.

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Theft

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Larceny, embezzlement, and false pretenses have been consolidated by statute in Arkansas under the single heading of "Theft." A person commits theft of property if he:
(1) Knowingly takes or exercises unauthorized control over, or makes an unauthorized transfer of an interest in, the property of another person, with the purpose of depriving the owner thereof; or
(2) Knowingly obtains the property of another person, by deception or by threat, with the purpose of depriving the owner thereof.

Theft of services is a crime in Arkansas.

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Classification of Theft

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Class B Felony if the property is:
(1) Worth $2,500 or more;
(2) Obtained by threat of injury to any person or destruction of the structure of another; or
(3) Obtained by threat by one in a confidential or fiduciary relationship to the victim.

Class C Felony if the property is:
(1) Worth between $500 and $2,500;
(2) Obtained by threat;
(3) A firearm worth less than $2,500;
(4) A credit or debit card; or
(5) Livestock worth more than $200.

Class A Misdemeanor if the property is worth $500 or less, or if it has subjective (e.g., sentimental) value to the owner, but no value on the open market.

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Residential Burglary

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Class B Felony

Entry or unlawful remaining in the dwelling of another in order to commit an unlawful act therein.

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Commercial Burglary

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Class C Felony

Entry or unlawful remaining on the commercial premises of another in order to commit thereon an unlawful act that is punishable by imprisonment.

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Breaking and Entering

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Class D Felony

Breaking and entering of a structure, vehicle, vault, cash register, money vending machine, or other similar container for the purpose of committing a theft or felony.

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Arson

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Burning is not required for purposes of the Arkansas arson statute. The defendant will be guilty of arson if he causes an explosion that causes damage.

Arkansas's arson law applies to motor vehicles, any property if damages for the purpose of collecting insurance proceeds, any property if the act creates a risk of death or serious bodily injury for another, public facilities, occupiable structures, and places of worship.

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Classification of Arson

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Graded based on the amount of damage to property:

Class Y Felony - At least $100,000
Class A Felony - $15,000 to $100,000
Class B Felony - $5,000 to $15,000
Class C Felony - $2,500 to $5,000
Class D Felony - $500 to $2,500
Class A Misdemeanor - Less than $500