As used in the Arkansas Criminal Code, there are four (4) kinds of culpable mental states that are defined as follows:
(1) "Purposely." A person acts purposely with respect to his or her conduct or a result of his or her conduct when it is the person's conscious object to engage in conduct of that nature or to cause the result;
(2) "Knowingly." A person acts knowingly with respect to:
(A) The person's conduct or the attendant circumstances when he or she is aware that his or her conduct is of that nature or that the attendant circumstances exist; or
(B) A result of the person's conduct when he or she is aware that it is practically certain that his or her conduct will cause the result;
(3) "Recklessly." (A) A person acts recklessly with respect to attendant circumstances or a result of his or her conduct when the person consciously disregards a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur.
(B) The risk must be of a nature and degree that disregard of the risk constitutes a gross deviation from the standard of care that a reasonable person would observe in the actor's situation; and
(4) "Negligently." (A) A person acts negligently with respect to attendant circumstances or a result of his or her conduct when the person should be aware of a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur.
(B) The risk must be of such a nature and degree that the actor's failure to perceive the risk involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation considering the nature and purpose of the actor's conduct and the circumstances known to the actor.
Section: 5-2-202 5-2-203 5-2-204 5-2-205 5-2-206 5-2-207 5-2-208 5-2-209 NextLast modified: November 15, 2016