§ 5-2-204 - Elements of culpability -- Exceptions to culpable mental state requirement.
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; or
(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.