Arkansas § 5-38-312 - No presumption on cause of fire.
Full text of Arkansas Arkansas Code of 1987 Annotated § 5-38-312 — No presumption on cause of fire., with citation guidance and answers to common questions.
§ 5-38-312. No presumption on cause of fire.
The purpose of this section is to: Clarify that there is not a presumption as to the cause of fire related to a violation of this subchapter; 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 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. There is not a presumption in a prosecution brought under this subchapter that: A fire was caused by: Accident; or Natural causes; or A fire was set on purpose or of incendiary origin. 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. This section does not affect a civil action involving the cause of a fire.
Source: official Arkansas text · Last verified 2026-08-27
Frequently Asked Questions About Arkansas § 5-38-312
What does Arkansas Code of 1987 Annotated § 5-38-312 cover?
Section 5-38-312 ("No presumption on cause of fire.") is part of the Arkansas Code of 1987 Annotated, the codified statutory law of Arkansas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Arkansas § 5-38-312?
A common citation format is "Arkansas Code of 1987 Annotated § 5-38-312" (Arkansas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Arkansas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Arkansas official source linked on this page or consult a licensed Arkansas attorney.
How does Arkansas § 5-38-312 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Arkansas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Arkansas.