Ark. Code Ann. » Title 5 Chapter 03
Arkansas Code Annotated

Ark. Code Ann. § 5-3-204 (2020)

Renunciation

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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    1. It is an affirmative defense to a prosecution under § 5-3-201(a)(2) or (b) that the defendant abandons his or her effort to commit the offense, and by the abandonment prevents the commission of the offense, under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose.
    2. However, the establishment of the affirmative defense under subdivision (a)(1) of this section does not affect the liability of an accomplice who does not join in the abandonment or prevention.
  2. It is an affirmative defense to a prosecution under § 5-3-202 that the defendant terminates his or her complicity in the commission of the offense and:
    1. Wholly deprives his or her complicity of effectiveness in the commission of the offense;
    2. Gives timely warning to an appropriate law enforcement authority; or
    3. Otherwise makes a substantial effort to prevent the commission of the offense, under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose.

History. Acts 1975, No. 280, § 704; A.S.A. 1947, § 41-704.

Research References

Ark. L. Rev.

The Constitutionality of Affirmative Defenses to Criminal Charges, 29 Ark. L. Rev. 430.

Article, Ethical and Effective Representation in Arkansas Capital Trials, 60 Ark. L. Rev. 1.

Case Notes

Cited: Gilbert v. State, 88 Ark. App. 296, 198 S.W.3d 561 (2004).

Subchapter 3 — Criminal Solicitation

Research References

ALR.

Solicitation to commit crime against more than one person or property, made in single conversation, as single or multiple crimes. 24 A.L.R.4th 1324.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2004–2022 · leading case: Thomas D. Wilcoxon v. State of Arkansas, 2022 Ark. App. 458, 655 S.W.3d 686.
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Thomas D. Wilcoxon v. State of Arkansas, 2022 Ark. App. 458, 655 S.W.3d 686. · cites it 2× “, he had already taken substantial steps in knowingly using the internet to entice a child fifteen years of age or younger in an effort to 20 Ark. Code Ann. § 5-3-204 (a)(1) (Repl. 2013).”
Gilbert v. State, 198 S.W.3d 561 (Ark. Ct. App. 2004). · cites it 2× “It is an affirmative defense to a prosecution under § 5-3-201 (a) (2) or (b) that the defendant abandons his efforts to commit the offense, thereby preventing its commission, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose.”
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