Ark. Code Ann. § 5-2-503 (2026)
Liability of agents
- A person is criminally liable for any conduct constituting an offense that he or she performs or causes to be performed in the name of or in behalf of an organization to the same extent as if that conduct were performed in his or her own name or behalf.
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- When a duty to act or refrain from acting is imposed by law upon an organization, any agent of the organization having primary responsibility for the discharge of the duty is criminally liable for a reckless performance or omission to perform the required act to the same extent as if the duty were imposed by law directly upon the agent.
- A person convicted of an offense by reason of his or her criminal liability for the conduct of an organization is not subject to the sentence authorized by § 5-4-201(e).
History. Acts 1975, No. 280, § 403; A.S.A. 1947, § 41-403.
Subchapter 6 — Justification
Publisher's Notes. For Comments regarding the Criminal Code, see Commentaries Volume B.
Effective Dates. Acts 1981, No. 884, § 3: Mar. 28, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that in many instances felons have successfully sued their victims or bystanders as a result of the victims or bystanders attempting to protect themselves or others from personal injury during the commission of a felony; that such situation is fundamentally unjust; and that this Act is immediately necessary to correct such injustice. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.
Research References
Am. Jur. 6 Am. Jur. 2d, Asslt. & B., § 46 et seq.
Ark. L. Rev.
1976 Criminal Code — General Principles, 30 Ark. L. Rev. 111.
C.J.S. 6A C.J.S., Asslt. & B., § 99 et seq.
22 C.J.S., Crim. L., § 53.
U. Ark. Little Rock L.J.
Survey of Arkansas Law: Criminal Law, 4 U. Ark. Little Rock L.J. 189.