LegalFix

§ 5-38-312. No presumption on cause of fire

AR Code § 5-38-312 (2018) (N/A)
Copy with citation
Copy as parenthetical citation

(a) The purpose of this section is to:

(1) Clarify that there is not a presumption as to the cause of fire related to a violation of this subchapter;

(2) Abolish any common law contrary to this section, including without limitation Johnson v. State, 198 Ark. 871, 131 S.W.2d 934 (1939) and Thomas v. State, 295 Ark. 29, 746 S.W.2d 49 (1988); and

(3) Clarify that there is no change under this section to the public policy as it relates to civil actions involving the cause of a fire.

(b) There is not a presumption in a prosecution brought under this subchapter that:

(1) A fire was caused by:

(A) Accident; or

(B) Natural causes; or

(2) A fire was set on purpose or of incendiary origin.

(c) The burden of proof for the cause of a fire in a prosecution brought under this subchapter is beyond a reasonable doubt as provided under § 5-1-111.

(d) This section does not affect a civil action involving the cause of a fire.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 5-38-312. No presumption on cause of fire