Ark. Code Ann. § 5-2-601 (2026)
Definitions
As used in this subchapter:
- “Common carrier” means any vehicle used to transport for hire any member of the public;
- “Deadly physical force” means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury;
- “Dwelling” means an enclosed space that is used or intended to be used as a human habitation, home, or residence on a temporary or permanent basis;
- “Minor” means any person under eighteen (18) years of age;
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“Occupiable structure” means a vehicle, building, or other structure:
- Where any person lives or carries on a business or other calling;
- Where people assemble for a purpose of business, government, education, religion, entertainment, or public transportation; or
- That is customarily used for overnight accommodation of a person whether or not a person is actually present.
- “Occupiable structure” includes each unit of an occupiable structure divided into a separately occupied unit;
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“Occupiable structure” means a vehicle, building, or other structure:
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“Physical force” means:
- Any bodily impact, restraint, or confinement; or
- The threat of any bodily impact, restraint, or confinement;
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“Premises” means:
- An occupiable structure; or
- Any real property;
- “Unlawful physical force” means physical force that is employed without the consent of the person against whom it is directed and the employment of the physical force constitutes a criminal offense or tort or would constitute a criminal offense or tort except for a defense other than the defense of justification or privilege; and
- “Vehicle” means any craft or device designed for the transportation of a person or property across land or water or through the air.
History. Acts 1975, No. 280, § 501; A.S.A. 1947, § 41-501.
Case Notes
Deadly Physical Force.
The provocation restriction on the defense of justification applies equally to the use of “physical force” and “deadly physical force” because “deadly physical force” is defined under this section to include “physical force.” Jones v. State, 1 Ark. App. 318, 615 S.W.2d 388 (1981).
Preponderance of the evidence supported the district court's finding that defendant's use of deadly physical force under subdivisions (2) and (6)(B) of this section, which occurred when he pointed a loaded pistol at an undercover officer, was not justified or in self defense, and thus, he was guilty of the felony of aggravated assault under Arkansas law, and the four-level enhancement under U.S. Sentencing Guidelines Manual § 2K2.1(b)(5), now (b)(6), was properly imposed because (1) defendant did not act in self-defense within the meaning of § 5-13-204(c)(2) as he used deadly force against men who had obeyed his command to leave his property and who were loitering on the public sidewalk in front of his house as there was no evidence they were imminently endangering defendant's life under § 5-2-607(a); (2) under § 5-2-607(b)(1), defendant could not use deadly force after he had retreated safely to his house and returned later, unprovoked, to threaten the men; (3) defendant's conduct was not justified as permissible defense of his property within the purview of § 5-2-608 because use of deadly physical force was not authorized by § 5-2-607, and he had no reason to believe that the men who had quietly obeyed a command to leave his property would come back to commit arson or burglary; and (4) defendant's conduct was not justified to defend his home under § 5-2-620 because the men defendant assaulted were not attempting to enter his home, so the statute did not apply. United States v. Raglin, 500 F.3d 675 (8th Cir. 2007).
Cited: David v. State, 286 Ark. 205, 691 S.W.2d 133 (1985); Stalnaker v. State, 2014 Ark. App. 412, 437 S.W.3d 700 (2014).