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Howerton Law Areas of Practice / Arkansas Criminal Law / Arkansas Capital Murder

Capital Murder in Arkansas


Howerton Law Firm Arkansas Capital Murder Attorneys
Arkansas Capital Murder Attorney Wendy Howerton handles all Arkansas capital murder matters for the Arkansas general practice law firm Howerton Law Firm. Use the Request a Free Consultation form on the left of the page to schedule your free initial consultation with Arkansas capital murder lawyer, Wendy Howerton, or simply call the Howerton Law Firm at 479-587-9300.

About capital murder in Arkansas
There are only two sentencing options for Capital Murder cases, life in prison or death. These are the severest of all charges and require a mediator to evaluate the case to determine if the prosecutor will be seeking the death penalty. These are quite often sent up on automatic appeal for review due to the severity and limited scope of punishment.

Arkansas criminal code
The Arkansas criminal code within the following subcategories for Arkansas criminal law on this Website was taken from the Criminal Code of 1987 and updates from the Arkansas General Assembly Website. We make no promises, guarantees, warrantees, or other assurances about its authenticity or accuracy. The following disclaimer was taken from the online code general provisions:

Not Official: The code that is provided on this site is an unofficial posting of the Arkansas Code. The files making up this Internet version of the Arkansas Code do not constitute the official text of the Arkansas Code and are intended for informational purposes only. The printed version of the Arkansas Code should be consulted for all matters requiring reliance on the statutory text. No representation is made as to the accuracy or completeness of these sections. While every effort was made to ensure the accuracy and completeness of the statutes available on the Arkansas General Assembly's web site, the Arkansas General Assembly is not responsible for any errors or omissions which may occur in these files. Please notify the Webmaster if you find any irregularities in the statutes on this web site. The Webmaster will relay the information to appropriate staff members of the Arkansas Code Revision Commission to investigate the irregularities.

Service: The Arkansas General Assembly offers access to the Arkansas Code on the internet as a service to the public. The Webmaster is unable to assist users of this service with legal questions. Also, legislative staff cannot respond requests for legal advice or the application of the law to specific facts from anyone except members of the Arkansas Legislature. Therefore, to understand and protect your legal rights, you should consult your own private lawyer. Please refer legal questions elsewhere.


Arkansas Criminal Code for Capital Murder in Arkansas
5-10-101. Capital murder.
(a) A person commits capital murder if:
(1) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit:
(i) Terrorism, as defined in 5-54-205;
(ii) Rape, 5-14-103;
(iii) Kidnapping, 5-11-102;
(iv) Vehicular piracy, 5-11-105;
(v) Robbery, 5-12-102;
(vi) Aggravated robbery, 5-12-103;
(vii) Residential burglary, 5-39-201(a);
(viii) Commercial burglary, 5-39-201(b);
(ix) Aggravated residential burglary, 5-39-204;
(x) A felony violation of the Uniform Controlled Substances Act,
5-64-101 5-64-508, involving an actual delivery of a controlled substance; or
(xi) First degree escape, 5-54-110; and
(B) In the course of and in furtherance of the felony or in immediate flight from
the felony, the person or an accomplice causes the death of a person under circumstances
manifesting extreme indifference to the value of human life;
(2) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit arson, 5-38-301; and
(B) In the course of and in furtherance of the felony or in immediate flight from
the felony, the person or an accomplice causes the death of any person;
(3) With the premeditated and deliberated purpose of causing the death of any law
enforcement officer, jailer, prison official, firefighter, judge or other court official, probation
officer, parole officer, any military personnel, or teacher or school employee, when such person
is acting in the line of duty, the person causes the death of any person;
(4) With the premeditated and deliberated purpose of causing the death of another
person, the person causes the death of any person;
(5) With the premeditated and deliberated purpose of causing the death of the holder of
any public office filled by election or appointment or a candidate for public office, the person
causes the death of any person;
(6) While incarcerated in the Department of Correction or the Department of Community
Correction, the person purposely causes the death of another person after premeditation and
deliberation;
(7) Pursuant to an agreement that the person cause the death of another person in return
for anything of value, he or she causes the death of any person;
(8) The person enters into an agreement in which a person is to cause the death of
another person in return for anything of value, and a person hired pursuant to the agreement
causes the death of any person;
(9) (A) Under circumstances manifesting extreme indifference to the value of human
life, the person knowingly causes the death of a person fourteen (14) years of age or younger at
the time the murder was committed if the defendant was eighteen (18) years of age or older at
the time the murder was committed.
(B) It is an affirmative defense to any prosecution under this subdivision (a)(9)
arising from the failure of the parent, guardian, or person standing in loco parentis to provide
specified medical or surgical treatment, that the parent, guardian, or person standing in loco
parentis relied solely on spiritual treatment through prayer in accordance with the tenets and
practices of an established church or religious denomination of which he or she is a member; or
(10) The person:
(A) Purposely discharges a firearm from a vehicle at a person or at a vehicle,
conveyance, or a residential or commercial occupiable structure that he or she knows or has good
reason to believe to be occupied by a person; and
(B) Thereby causes the death of another person under circumstances manifesting
extreme indifference to the value of human life.
(b) It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for
an offense in which the defendant was not the only participant that the defendant did not commit
the homicidal act or in any way solicit, command, induce, procure, counsel, or aid in the
homicidal act's commission.
(c) (1) Capital murder is punishable by death or life imprisonment without parole pursuant
to 5-4-601 5-4-605, 5-4-607, and 5-4-608.
(2) For any purpose other than disposition under 5-4-101 5-4-104, 5-4-201
5-4-204, 5-4-301 5-4-308, 5-4-310, 5-4-311, 5-4-401 5-4-404, 5-4-501 5-4-504,
5-4-601 5-4-605, 5-4-607, and 5-4-608, capital murder is a Class Y felony.
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