Ark. Code Ann. » Title 5 Chapter 27
Arkansas Code Annotated

Ark. Code Ann. § 5-27-202 (2026)

Endangering the welfare of an incompetent person in the second degree

✓ current as of May 2026
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    1. A person commits the offense of endangering the welfare of an incompetent person in the second degree if he or she knowingly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be an incompetent person.
    2. As used in this section, “serious harm to the physical or mental welfare of a person” means physical or mental injury that causes:
      1. Protracted disfigurement;
      2. Protracted impairment of physical or mental health; or
      3. Loss or protracted impairment of the function of any bodily member or organ.
  2. Endangering the welfare of an incompetent person in the second degree is a Class A misdemeanor.

History. Acts 1975, No. 280, § 2410; A.S.A. 1947, § 41-2410; Acts 2005, No. 2216, § 2.

Notes of Decisions
Cited in 2 cases, 1991–2003 · leading case: Burnette v. State, 127 S.W.3d 479 (Ark. 2003).
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Burnette v. State, 127 S.W.3d 479 (Ark. 2003). · cites it 4× “Furthermore, the original commentary to Ark.Code Ann. § 5-27-202 (1987) states that §§ 5-27-201-203 (1987) were intended to "define the offenses of endangering the welfare of a minor in the first degree.”
Leheny v. State, 818 S.W.2d 236 (Ark. 1991). · cites it 2× “The majority relies on the Commentary to Ark. Code Ann. § 5-27-202 (1987). But the Commentary merely suggests the statute is “designed” to protect minors and incompetents from deletrious non-sexual activities, hardly the same as stating that the statute has no application to…”
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