Arkansas Code Annotated

Ark. Code Ann. § 5-2-201 (2026)

Definitions generally

✓ current as of May 2026
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As used in the Arkansas Criminal Code:

  1. “Act” means a bodily movement and includes speech and the conscious possession or control of property;
  2. “Act” as a verb means either to perform an act or to omit to perform an act;
  3. “Conduct” means an act or omission and its accompanying mental state; and
  4. “Omission” means a failure to perform an act and the performance of the act is required by law.

History. Acts 1975, No. 280, § 201; A.S.A. 1947, § 41-201.

Meaning of “Arkansas Criminal Code”. See note to § 5-1-101.

Research References

U. Ark. Little Rock L.J.

Survey of Arkansas Law: Criminal Law, 4 U. Ark. Little Rock L.J. 189.

Case Notes

Cited: Hamilton v. State, 262 Ark. 366, 556 S.W.2d 884 (1977); Robinson v. State, 318 Ark. 33, 883 S.W.2d 469 (1994).

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2015–2021 · leading case: United States v. Scott, 990 F.3d 94 (2d Cir. 2021).
United States v. Scott, 990 F.3d 94 (2d Cir. 2021). “§ 13-105 (6); Ark. Code Ann. § 5-2-201 (2)–(4); Colo. Rev.”
Snow v. State, 568 S.W.3d 290 (Ark. Ct. App. 2018). · cites it 2× “" Ark. Code Ann. § 5-2-201 (3) (Repl. 2013) (emphasis added).”
Whittier v. State, 2015 Ark. App. 536 (Ark. Ct. App. 2015). · cites it 2× “However, he argues that this court has an obligation to review a sentence for an abuse of discretion to ensure that it was not imposed as a result of passion or prejudice.”
Alyssia Kirby-Snow v. State of Arkansas, 2020 Ark. App. 474 (Ark. Ct. App. 2020). “§ 5-2-201 (3). Kirby-Snow argues that there is no evidence that she knew of the serious concerns for A.”
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