Ark. Code Ann. § 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.

(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.

(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.