Ark. Code Ann. » Title 5 Chapter 02
Arkansas Code Annotated

Ark. Code Ann. § 5-2-605 (2026)

Use of physical force generally

✓ current as of May 2026
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The use upon another person of physical force that would otherwise constitute an offense is justifiable under any of the following circumstances:

  1. A parent, teacher, guardian, or other person entrusted with care and supervision of a minor or an incompetent person may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent reasonably necessary to maintain discipline or to promote the welfare of the minor or incompetent person;
  2. A warden or other authorized official of a correctional facility may use nondeadly physical force to the extent reasonably necessary to maintain order and discipline;
  3. A person responsible for the maintenance of order in a common carrier or a person acting under the responsible person's direction may use nondeadly physical force to the extent reasonably necessary to maintain order;
  4. A person who reasonably believes that another person is about to commit suicide or to inflict serious physical injury upon himself or herself may use nondeadly physical force upon the other person to the extent reasonably necessary to thwart the suicide or infliction of serious physical injury;
  5. A duly licensed physician or a person assisting a duly licensed physician at the duly licensed physician's direction may use physical force for the purpose of administering a recognized form of treatment reasonably adapted to promoting the physical or mental health of a patient if the treatment is administered:
    1. With the consent of the patient or, if the patient is a minor who is unable to appreciate or understand the nature or possible consequences of the proposed medical treatment or is an incompetent person, with the consent of a parent, guardian, or other person entrusted with the patient's care and supervision; or
    2. In an emergency when the duly licensed physician reasonably believes that no person competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.

History. Acts 1975, No. 280, § 505; A.S.A. 1947, § 41-505; Acts 2007, No. 827, § 12.

Cross References. Guards and other officials, powers and duties toward working county inmates, § 27-66-602.

Teachers, discipline of students, § 6-18-501 et seq.

Research References

ALR.

Application of Defense of Necessity to Murder, 23 A.L.R.7th Art. 1 (2018).

Case Notes

Discipline.

Evidence was insufficient to support a finding that the physical force used by the defendant in disciplining her grandchild was unreasonable or inappropriate under the circumstances. Sykes v. State, 57 Ark. App. 5, 940 S.W.2d 888 (1997).

There was substantial evidence to support the jury's finding that defendant committed the crime of false imprisonment of her daughter by exercising excessive and unreasonable restraint that created a substantial risk of serious physical injury; there was no merit to defendant's argument that, as a parent, she could not be held liable for criminal conduct committed against her daughter because she had the lawful authority to consent to restraint of her child. Dick v. State, 364 Ark. 133, 217 S.W.3d 778 (2005).

Evidence supported the second-degree domestic battering conviction under § 5-26-304 where neighbors heard sounds of loud banging and yelling, and defendant beat the child with a leather belt repeatedly for at least five minutes, causing welts and lashings. Jefferson v. State, 2017 Ark. App. 492, 532 S.W.3d 75 (2017).

Cited: Walton v. State, 53 Ark. App. 18, 918 S.W.2d 192 (1996).

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1996–2025 · leading case: Dick v. State, 217 S.W.3d 778 (Ark. 2005).
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Dick v. State, 217 S.W.3d 778 (Ark. 2005). · cites it 27× “" Ark. Code Ann. § 5-2-605 (1). However, obviously, a parent may not use his or her parental authority to commit a crime upon his or her own child.”
Smith v. Murphy, 2017 Ark. App. 188 (Ark. Ct. App. 2017). · cites it 2× “§ 5-1-102 (14) (defining physical injury); Ark. Code Ann. § 5-2-605 (1) (defining justifiable physical force).”
Willis v. State, 888 N.E.2d 177 (Ind. 2008). · cites it 2× “§ 13-403(1) (2001); Ark.Code Ann. § 5-2-605(1) (Supp.2007); Colo.”
Branstetter v. State, 57 S.W.3d 105 (Ark. 2001). · cites it 2× “Refused Jury Instructions Branstetter alleges the trial court erred in refusing three jury instructions he provided based upon Ark. Code Ann. § 5-2-605 (Repl. 1997), § 5-2-614 (Repl.”
Spencer Ondirsek v. Bernie Hoffman, 698 F.3d 1020 (8th Cir. 2012). “See Ark.Code Ann. § 5-2-605; Brown v. Brown, 76 Ark.”
Commonwealth v. Dorvil, 32 N.E.3d 861 (Mass. 2015). “§ 13-403 (1) (same); Ark. Code Ann. § 5-2-605 (same); Colo. Rev.”
Willis v. State, 62 S.W.3d 3 (Ark. Ct. App. 2001). · cites it 8× “The dissenting opinion’s rationale is premised on the applicability of Ark. Code Ann. § 5-2-605 (1) (Repl. 1997), and Sykes v.”
State v. Patterson, 2025 Ohio 280 (Ohio Ct. App. 2025). “5 5 Given the confusion surrounding jury instructions on self-defense in criminal trials, it might be prudent for Ohio’s General Assembly to consider enacting, as almost all other states have done, a comprehensive statutory framework regarding the use of deadly and non-deadly…”
Jefferson v. State, 2017 Ark. App. 492 (Ark. Ct. App. 2017). · cites it 4× “] Ark. Code Ann. § 5-2-605 (a)(1) (Repl. 2013).”
Sykes v. State, 940 S.W.2d 888 (Ark. Ct. App. 1997). “Arkansas Code Annotated § 5-2-605(1) (Repl. 1993) provides: The use upon another person of physical force that would otherwise constitute an offense is justifiable under any of the following circumstances: (1) A parent, teacher, guardian, or other person entrusted with care and…”
Compassion in Dying v. Washington, 79 F.3d 790 (9th Cir. 1996). “430 (a)(4) 1983; Ark. Code Ann. § 5-2-605 (4) (1987); Colo.”
Clements v. State, 91 S.W.3d 532 (Ark. Ct. App. 2002). · cites it 2× “Clements further argues that although his conviction was for third-degree battery, a misdemeanor, the judgment entered and sentence imposed was for second-degree battery, a Class D felony.”
Show all 14 citing cases →
— Ark. Code Ann. § 5-2-605(1) — 4 cases
Dick v. State, 217 S.W.3d 778 (Ark. 2005). “" Ark. Code Ann. § 5-2-605 (1). However, obviously, a parent may not use his or her parental authority to commit a crime upon his or her own child.”
Willis v. State, 888 N.E.2d 177 (Ind. 2008). “§ 13-403(1) (2001); Ark.Code Ann. § 5-2-605(1) (Supp.2007); Colo.”
Sykes v. State, 940 S.W.2d 888 (Ark. Ct. App. 1997). “Arkansas Code Annotated § 5-2-605(1) (Repl. 1993) provides: The use upon another person of physical force that would otherwise constitute an offense is justifiable under any of the following circumstances: (1) A parent, teacher, guardian, or other person entrusted with care and…”
Willis v. State, 62 S.W.3d 3 (Ark. Ct. App. 2001). “The dissenting opinion’s rationale is premised on the applicability of Ark. Code Ann. § 5-2-605 (1) (Repl. 1997), and Sykes v.”
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