Ark. Code Ann. § 5-37-402 — AR Code / Title 5 / Chapter 37 / Subchapter 4 / Section 5-37-402
Theft of communication services - Unlawful communication and access devices
Status: in_force

(a) A person commits theft of communication services if he or she knowingly and with the intent to defraud a communication service provider: (1) Obtains or attempts to obtain or uses a communication service without the authorization of or proper compensation paid to the communication service provider, or assists or instructs any other person in doing so with the intent to defraud the communication service provider; (2) Tampers with, modifies, or maintains a modification to a communication device installed or provided by the communication service provider with the intent to defraud that communication service provider; (3) Possesses with the intent to distribute, manufactures, develops, assembles, distributes, transfers, imports into this state, licenses, leases, sells or offers, promotes or advertises for sale, use, or distribution any communication device: (A) For the commission of a theft of a communication service or to receive, intercept, disrupt, transmit, retransmit, decrypt, or acquire or facilitate the receipt, interception, disruption, transmission, retransmission, decryption, or acquisition of any communication service without the express consent or express authorization of the communication service provider, as stated in a contract or otherwise; or (B) With the intent to conceal or to assist another to conceal from any communication service provider or from any lawful authority the existence or place of origin or destination of any communication, provided that the concealment is for the purpose of committing a violation of subdivision (a)(3)(A) of this section; (4) Tampers or otherwise interferes with or connects to by any means, whether mechanical, electrical, acoustical, or other means, any cable, wire, or other device used for the distribution of cable television without authority from the operator of the service, modifies, alters, programs, or reprograms a communication device for a purpose described in subdivision (a)(3) of this section; (5) Possesses, uses, manufactures, develops, assembles, distributes, imports into this state, licenses, transfers, leases, sells, offers, promotes, or advertises for sale, use, or distribution any unlawful access device; or (6) Possesses, uses, prepares, distributes, sells, gives, transfers, offers, promotes, or advertises for sale, use, or distribution any: (A) Plans or instructions for making, assembling, or developing any unlawful access device under circumstances evidencing an intent to use or employ the communication device or unlawful access device, or to allow the communication device or unlawful access device to be used or employed for a purpose prohibited by this subchapter, or knowing or having reason to believe that the communication device or unlawful access device is intended to be so used, or that the plans or instructions are intended to be used for manufacturing or assembling the communication device or unlawful access device for a purpose prohibited by this subchapter; or (B) Material, including hardware, a cable, a tool, data, computer software, or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture, assembly, or development of a communication device for a purpose prohibited by this subchapter, or for use in the manufacture, assembly, or development of an unlawful access device. (b) (1) However, nothing in this section shall be construed to prohibit the manufacture, importation, sale, lease, or possession of any television device possessing the internal hardware necessary to receive a cable television signal without the use of a converter, device, or box, or of any television advertised as "cable ready". (2) A person that manufactures, produces, assembles, designs, sells, distributes, licenses, or develops a multipurpose device is not in violation of this section unless that person acts knowingly and with an intent to defraud a communication service provider and the multipurpose device: (A) Is manufactured, developed, assembled, produced, designed, distributed, sold, or licensed for the primary purpose of committing a violation of this section; (B) Has only a limited commercially significant purpose or use other than as an unlawful access device or for the commission of any other violation of this section; or (C) Is marketed by that person or another person in concert with that person with that person's knowledge for use as an unlawful access device or for the purpose of committing any other violation of this section. (3) Nothing in this section requires that the design of or design and selection of a part, software code, or component for a communication device provide for a response to any particular technology, device, or software, or any component or part thereof, used by the provider, owner, or licensee of any communication service or of any data, audio or video program, or transmission to protect any such communication, data, audio or video service, program, or transmission from unauthorized receipt, acquisition, interception, access, decryption, disclosure, communication, transmission, or retransmission. (4) This section does not apply to the following entities or persons when lawfully acting in the capacity listed in this subdivision (b)(4) and as expressly authorized to do so by any other state or federal statute or regulation: (A) State or local law enforcement agency; (B) State or local government authority, municipality, or agency; and (C) Communication service provider. (c) (1) A person who violates subdivision (a)(1) or subdivision (a)(2) of this section upon conviction is guilty of a Class B misdemeanor. (2) A person who violates one (1) or more of subdivisions (a)(3)-(6) of this section upon conviction is guilty of a Class D felony. (3) An offense under this section is a Class C felony if: (A) The defendant has been convicted previously on two (2) or more occasions for an offense under this subchapter or for any similar crime in this state or any federal or other state jurisdiction; or (B) The violation of this subchapter involves possession of more than fifty (50) communication devices or unlawful access devices. (d) The penalty for an offense under this section when based upon a prior conviction includes without limitation a felony offense involving theft of service or fraud under this subchapter or a violation of the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, as in effect on March 1, 2003. (e) The court shall sentence a person convicted of violating this subchapter to make restitution as authorized by law, in addition to any other sentence authorized by law. (f) Upon conviction of a defendant under this section, the court may direct that the defendant forfeit any communication device or unlawful access device in the defendant's possession or control that was involved in the violation for which the defendant was convicted, in addition to any other sentence authorized by law. Amended by Act 2015, No. 1263,§ 12, eff. 7/22/2015. Acts 1985, No. 781, § 2; A.S.A. 1947, § 41-2211; Acts 1997, No. 348, § 1; 2003, No. 1806, § 2.

(a) A person commits theft of communication services if he or she knowingly and with the intent to defraud a communication service provider: (1) Obtains or attempts to obtain or uses a communication service without the authorization of or proper compensation paid to the communication service provider, or assists or instructs any other person in doing so with the intent to defraud the communication service provider; (2) Tampers with, modifies, or maintains a modification to a communication device installed or provided by the communication service provider with the intent to defraud that communication service provider; (3) Possesses with the intent to distribute, manufactures, develops, assembles, distributes, transfers, imports into this state, licenses, leases, sells or offers, promotes or advertises for sale, use, or distribution any communication device: (A) For the commission of a theft of a communication service or to receive, intercept, disrupt, transmit, retransmit, decrypt, or acquire or facilitate the receipt, interception, disruption, transmission, retransmission, decryption, or acquisition of any communication service without the express consent or express authorization of the communication service provider, as stated in a contract or otherwise; or (B) With the intent to conceal or to assist another to conceal from any communication service provider or from any lawful authority the existence or place of origin or destination of any communication, provided that the concealment is for the purpose of committing a violation of subdivision (a)(3)(A) of this section; (4) Tampers or otherwise interferes with or connects to by any means, whether mechanical, electrical, acoustical, or other means, any cable, wire, or other device used for the distribution of cable television without authority from the operator of the service, modifies, alters, programs, or reprograms a communication device for a purpose described in subdivision (a)(3) of this section; (5) Possesses, uses, manufactures, develops, assembles, distributes, imports into this state, licenses, transfers, leases, sells, offers, promotes, or advertises for sale, use, or distribution any unlawful access device; or (6) Possesses, uses, prepares, distributes, sells, gives, transfers, offers, promotes, or advertises for sale, use, or distribution any: (A) Plans or instructions for making, assembling, or developing any unlawful access device under circumstances evidencing an intent to use or employ the communication device or unlawful access device, or to allow the communication device or unlawful access device to be used or employed for a purpose prohibited by this subchapter, or knowing or having reason to believe that the communication device or unlawful access device is intended to be so used, or that the plans or instructions are intended to be used for manufacturing or assembling the communication device or unlawful access device for a purpose prohibited by this subchapter; or (B) Material, including hardware, a cable, a tool, data, computer software, or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture, assembly, or development of a communication device for a purpose prohibited by this subchapter, or for use in the manufacture, assembly, or development of an unlawful access device.

(1) Obtains or attempts to obtain or uses a communication service without the authorization of or proper compensation paid to the communication service provider, or assists or instructs any other person in doing so with the intent to defraud the communication service provider;

(2) Tampers with, modifies, or maintains a modification to a communication device installed or provided by the communication service provider with the intent to defraud that communication service provider;

(3) Possesses with the intent to distribute, manufactures, develops, assembles, distributes, transfers, imports into this state, licenses, leases, sells or offers, promotes or advertises for sale, use, or distribution any communication device: (A) For the commission of a theft of a communication service or to receive, intercept, disrupt, transmit, retransmit, decrypt, or acquire or facilitate the receipt, interception, disruption, transmission, retransmission, decryption, or acquisition of any communication service without the express consent or express authorization of the communication service provider, as stated in a contract or otherwise; or (B) With the intent to conceal or to assist another to conceal from any communication service provider or from any lawful authority the existence or place of origin or destination of any communication, provided that the concealment is for the purpose of committing a violation of subdivision (a)(3)(A) of this section;

(A) For the commission of a theft of a communication service or to receive, intercept, disrupt, transmit, retransmit, decrypt, or acquire or facilitate the receipt, interception, disruption, transmission, retransmission, decryption, or acquisition of any communication service without the express consent or express authorization of the communication service provider, as stated in a contract or otherwise; or

(B) With the intent to conceal or to assist another to conceal from any communication service provider or from any lawful authority the existence or place of origin or destination of any communication, provided that the concealment is for the purpose of committing a violation of subdivision (a)(3)(A) of this section;

(4) Tampers or otherwise interferes with or connects to by any means, whether mechanical, electrical, acoustical, or other means, any cable, wire, or other device used for the distribution of cable television without authority from the operator of the service, modifies, alters, programs, or reprograms a communication device for a purpose described in subdivision (a)(3) of this section;

(5) Possesses, uses, manufactures, develops, assembles, distributes, imports into this state, licenses, transfers, leases, sells, offers, promotes, or advertises for sale, use, or distribution any unlawful access device; or

(6) Possesses, uses, prepares, distributes, sells, gives, transfers, offers, promotes, or advertises for sale, use, or distribution any: (A) Plans or instructions for making, assembling, or developing any unlawful access device under circumstances evidencing an intent to use or employ the communication device or unlawful access device, or to allow the communication device or unlawful access device to be used or employed for a purpose prohibited by this subchapter, or knowing or having reason to believe that the communication device or unlawful access device is intended to be so used, or that the plans or instructions are intended to be used for manufacturing or assembling the communication device or unlawful access device for a purpose prohibited by this subchapter; or (B) Material, including hardware, a cable, a tool, data, computer software, or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture, assembly, or development of a communication device for a purpose prohibited by this subchapter, or for use in the manufacture, assembly, or development of an unlawful access device.

(A) Plans or instructions for making, assembling, or developing any unlawful access device under circumstances evidencing an intent to use or employ the communication device or unlawful access device, or to allow the communication device or unlawful access device to be used or employed for a purpose prohibited by this subchapter, or knowing or having reason to believe that the communication device or unlawful access device is intended to be so used, or that the plans or instructions are intended to be used for manufacturing or assembling the communication device or unlawful access device for a purpose prohibited by this subchapter; or

(B) Material, including hardware, a cable, a tool, data, computer software, or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture, assembly, or development of a communication device for a purpose prohibited by this subchapter, or for use in the manufacture, assembly, or development of an unlawful access device.

(b) (1) However, nothing in this section shall be construed to prohibit the manufacture, importation, sale, lease, or possession of any television device possessing the internal hardware necessary to receive a cable television signal without the use of a converter, device, or box, or of any television advertised as "cable ready". (2) A person that manufactures, produces, assembles, designs, sells, distributes, licenses, or develops a multipurpose device is not in violation of this section unless that person acts knowingly and with an intent to defraud a communication service provider and the multipurpose device: (A) Is manufactured, developed, assembled, produced, designed, distributed, sold, or licensed for the primary purpose of committing a violation of this section; (B) Has only a limited commercially significant purpose or use other than as an unlawful access device or for the commission of any other violation of this section; or (C) Is marketed by that person or another person in concert with that person with that person's knowledge for use as an unlawful access device or for the purpose of committing any other violation of this section. (3) Nothing in this section requires that the design of or design and selection of a part, software code, or component for a communication device provide for a response to any particular technology, device, or software, or any component or part thereof, used by the provider, owner, or licensee of any communication service or of any data, audio or video program, or transmission to protect any such communication, data, audio or video service, program, or transmission from unauthorized receipt, acquisition, interception, access, decryption, disclosure, communication, transmission, or retransmission. (4) This section does not apply to the following entities or persons when lawfully acting in the capacity listed in this subdivision (b)(4) and as expressly authorized to do so by any other state or federal statute or regulation: (A) State or local law enforcement agency; (B) State or local government authority, municipality, or agency; and (C) Communication service provider.

(1) However, nothing in this section shall be construed to prohibit the manufacture, importation, sale, lease, or possession of any television device possessing the internal hardware necessary to receive a cable television signal without the use of a converter, device, or box, or of any television advertised as "cable ready".

(2) A person that manufactures, produces, assembles, designs, sells, distributes, licenses, or develops a multipurpose device is not in violation of this section unless that person acts knowingly and with an intent to defraud a communication service provider and the multipurpose device: (A) Is manufactured, developed, assembled, produced, designed, distributed, sold, or licensed for the primary purpose of committing a violation of this section; (B) Has only a limited commercially significant purpose or use other than as an unlawful access device or for the commission of any other violation of this section; or (C) Is marketed by that person or another person in concert with that person with that person's knowledge for use as an unlawful access device or for the purpose of committing any other violation of this section.

(A) Is manufactured, developed, assembled, produced, designed, distributed, sold, or licensed for the primary purpose of committing a violation of this section;

(B) Has only a limited commercially significant purpose or use other than as an unlawful access device or for the commission of any other violation of this section; or

(C) Is marketed by that person or another person in concert with that person with that person's knowledge for use as an unlawful access device or for the purpose of committing any other violation of this section.

(3) Nothing in this section requires that the design of or design and selection of a part, software code, or component for a communication device provide for a response to any particular technology, device, or software, or any component or part thereof, used by the provider, owner, or licensee of any communication service or of any data, audio or video program, or transmission to protect any such communication, data, audio or video service, program, or transmission from unauthorized receipt, acquisition, interception, access, decryption, disclosure, communication, transmission, or retransmission.

(4) This section does not apply to the following entities or persons when lawfully acting in the capacity listed in this subdivision (b)(4) and as expressly authorized to do so by any other state or federal statute or regulation: (A) State or local law enforcement agency; (B) State or local government authority, municipality, or agency; and (C) Communication service provider.

(A) State or local law enforcement agency;

(B) State or local government authority, municipality, or agency; and

(C) Communication service provider.

(c) (1) A person who violates subdivision (a)(1) or subdivision (a)(2) of this section upon conviction is guilty of a Class B misdemeanor. (2) A person who violates one (1) or more of subdivisions (a)(3)-(6) of this section upon conviction is guilty of a Class D felony. (3) An offense under this section is a Class C felony if: (A) The defendant has been convicted previously on two (2) or more occasions for an offense under this subchapter or for any similar crime in this state or any federal or other state jurisdiction; or (B) The violation of this subchapter involves possession of more than fifty (50) communication devices or unlawful access devices.

(1) A person who violates subdivision (a)(1) or subdivision (a)(2) of this section upon conviction is guilty of a Class B misdemeanor.

(2) A person who violates one (1) or more of subdivisions (a)(3)-(6) of this section upon conviction is guilty of a Class D felony.

(3) An offense under this section is a Class C felony if: (A) The defendant has been convicted previously on two (2) or more occasions for an offense under this subchapter or for any similar crime in this state or any federal or other state jurisdiction; or (B) The violation of this subchapter involves possession of more than fifty (50) communication devices or unlawful access devices.

(A) The defendant has been convicted previously on two (2) or more occasions for an offense under this subchapter or for any similar crime in this state or any federal or other state jurisdiction; or

(B) The violation of this subchapter involves possession of more than fifty (50) communication devices or unlawful access devices.

(d) The penalty for an offense under this section when based upon a prior conviction includes without limitation a felony offense involving theft of service or fraud under this subchapter or a violation of the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, as in effect on March 1, 2003.

(e) The court shall sentence a person convicted of violating this subchapter to make restitution as authorized by law, in addition to any other sentence authorized by law.

(f) Upon conviction of a defendant under this section, the court may direct that the defendant forfeit any communication device or unlawful access device in the defendant's possession or control that was involved in the violation for which the defendant was convicted, in addition to any other sentence authorized by law.

Amended by Act 2015, No. 1263,§ 12, eff. 7/22/2015.

Acts 1985, No. 781, § 2; A.S.A. 1947, § 41-2211; Acts 1997, No. 348, § 1; 2003, No. 1806, § 2.
Ark. Code Ann. § 5-4-606 — AR Code / Title 5 / Chapter 4 / Subchapter 6 / Section 5-4-606
Life imprisonment without parole
Status: in_force

A person sentenced to life imprisonment without parole shall: (1) Be remanded to the custody of the Division of Correction for imprisonment for the remainder of his or her life; and (2) Not be released except pursuant to commutation, pardon, or reprieve of the Governor. Amended by Act 2019, No. 910,§ 660, eff. 7/1/2019. Acts 1975, No. 280, § 1305; A.S.A. 1947, § 41-1305.

A person sentenced to life imprisonment without parole shall:

(1) Be remanded to the custody of the Division of Correction for imprisonment for the remainder of his or her life; and

(2) Not be released except pursuant to commutation, pardon, or reprieve of the Governor.

Amended by Act 2019, No. 910,§ 660, eff. 7/1/2019.

Acts 1975, No. 280, § 1305; A.S.A. 1947, § 41-1305.
Ark. Code Ann. § 5-2-613 — AR Code / Title 5 / Chapter 2 / Subchapter 6 / Section 5-2-613
Use of physical force to prevent escape from correctional facility or custody of correctional officer
Status: in_force

(a) Unless the correctional officer knows or reasonably should know that a prisoner is charged with or has been convicted of only a misdemeanor, a correctional officer employed by the Division of Correction or by a private contractor in a correctional facility housing inmates for the division or a city or county correctional officer employed in a correctional facility or jail is justified in using deadly physical force when and to the extent that the correctional officer reasonably believes the use of deadly physical force is necessary to prevent the escape of a prisoner from: (1) A correctional facility; or (2) Custody of a correctional officer outside a correctional facility for any purpose. (b) If the correctional officer knows or reasonably should know that a prisoner is charged with or has been convicted of only a misdemeanor, only nondeadly physical force may be used. Amended by Act 2019, No. 910,§ 646, eff. 7/1/2019. Acts 1975, No. 280, § 513; A.S.A. 1947, § 41-513; Acts 1997, No. 525, § 1.

(a) Unless the correctional officer knows or reasonably should know that a prisoner is charged with or has been convicted of only a misdemeanor, a correctional officer employed by the Division of Correction or by a private contractor in a correctional facility housing inmates for the division or a city or county correctional officer employed in a correctional facility or jail is justified in using deadly physical force when and to the extent that the correctional officer reasonably believes the use of deadly physical force is necessary to prevent the escape of a prisoner from: (1) A correctional facility; or (2) Custody of a correctional officer outside a correctional facility for any purpose.

(1) A correctional facility; or

(2) Custody of a correctional officer outside a correctional facility for any purpose.

(b) If the correctional officer knows or reasonably should know that a prisoner is charged with or has been convicted of only a misdemeanor, only nondeadly physical force may be used.

Amended by Act 2019, No. 910,§ 646, eff. 7/1/2019.

Acts 1975, No. 280, § 513; A.S.A. 1947, § 41-513; Acts 1997, No. 525, § 1.
Ark. Code Ann. § 5-73-108 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-108
Criminal acts involving explosives
Status: in_force

(a) (1) A person commits the offense of criminal possession of explosive material or a destructive device if the person: (A) Sells, possesses, manufactures, transfers, or transports explosive material or a destructive device; and (B) Either: (i) Has the purpose of using that explosive material or destructive device to commit an offense; or (ii) Knows or reasonably should know that another person intends to use that explosive material or destructive device to commit an offense. (2) Criminal possession of explosive material or a destructive device is a Class B felony. (b) (1) A person commits the offense of criminal distribution of explosive material if he or she knowingly distributes explosive material to any individual who: (A) Has pleaded guilty or nolo contendere to or been found guilty of a crime in state or federal court punishable by imprisonment for a term exceeding one (1) year; (B) Is a fugitive from justice; (C) Is an unlawful user of or addicted to any controlled substance; (D) Has been adjudicated as having a mental disease or defect or has been committed to an institution or residential treatment facility because of a mental disease or defect; (E) Is under twenty-one (21) years of age; (F) Is an alien, other than an alien who is: (i) Lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20) , as it existed on January 1, 2009; (ii) In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. § 1157 , as it existed on January 1, 2009, or in asylum status under 8 U.S.C. § 1158 , as it existed on January 1, 2009, and either: (a) A foreign law enforcement officer of a friendly foreign government, as determined by the United States Secretary of State under 1 8 U.S.C. § 842 , entering the United States on official law enforcement business, and the distribution of explosive material is in furtherance of this official law enforcement business; or (b) A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 1 8 U.S.C. § 843 , as it existed on January 1, 2009, and the distribution of explosive material is in furtherance of the person's power; (iii) A member of a North Atlantic Treaty Organization or other friendly foreign military force, as determined by the United States Attorney General in consultation with the United States Secretary of Defense under 1 8 U.S.C. § 842 , who is present in the United States under military orders for training or other military purpose authorized by the United States, and the distribution of explosive material is in furtherance of the military orders for training or authorized military purpose; or (iv) Lawfully present in the United States in cooperation with the Director of the Central Intelligence Agency, and the distribution of explosive material is in furtherance of the cooperation; (G) Has been dishonorably discharged from any branch of the United States Armed Forces; or (H) Has renounced his or her United States citizenship. (2) Criminal distribution of explosive material is a Class C felony. (c) (1) A person commits the offense of possession of stolen explosive material if he or she: (A) Receives, possesses, transports, ships, conceals, stores, barters, sells, disposes of, or pledges or accepts as security for a loan any stolen explosive materials; and (B) Knows or has reasonable cause to believe that the explosive material was stolen. (2) Possession of stolen explosive material is a Class C felony. (d) (1) A person commits the offense of unlawful receipt or possession of an explosive material if the person receives or possesses explosive material and: (A) Has pleaded guilty or nolo contendere to or has been found guilty in any state or federal court of a crime punishable by imprisonment for a term exceeding one (1) year; (B) Is a fugitive from justice; (C) Is an unlawful user of or addicted to any controlled substance; (D) Has been adjudicated to have a mental disease or defect or has been committed to an institution or residential treatment facility because of a mental disease or defect; (E) Is under twenty-one (21) years of age; (F) Is an alien, other than an alien who is: (i) Lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20) , as it existed on January 1, 2009; or (ii) In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. § 1157 , as it existed on January 1, 2009, or in asylum status under 8 U.S.C. § 1158 , as it existed on January 1, 2009, and either: (a) A foreign law enforcement officer of a friendly foreign government, as determined by the United States Secretary of State under 1 8 U.S.C. § 842 , entering the United States on official law enforcement business, and the receipt or possession of the explosive material is in furtherance of this official law enforcement business; or (b) A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 1 8 U.S.C. § 843 , as it existed on January 1, 2009, and the receipt or possession of the explosive material is in furtherance of the person's power; (iii) A member of a North Atlantic Treaty Organization or other friendly foreign military force, as determined by the United States Attorney General in consultation with the United States Secretary of Defense under 1 8 U.S.C. § 842 , who is present in the United States under military orders for training or other military purpose authorized by the United States, and the receipt or possession of the explosive material is in furtherance of the military orders for training or authorized military purpose; or (iv) Lawfully present in the United States in cooperation with the Director of the Central Intelligence Agency, and the receipt or possession of the explosive material is in furtherance of the cooperation; (G) Has been dishonorably discharged from any branch of the United States Armed Forces; or (H) Has renounced his or her United States citizenship. (2) Unlawful receipt or possession of explosive material is a Class C felony. (3) It is a defense to prosecution under this subsection if at the time of the receiving or possessing the explosive material the person was acting within the scope of his or her employment with a business authorized to use explosive material. (e) It is a Class A misdemeanor for any person to store any explosive material in a manner not in conformity with the Arkansas Fire Prevention Code. (f) A person who commits theft of any explosive material with the purpose to cause harm to a person or property is guilty of a Class B felony. (g) Any explosive material determined to be contraband is subject to seizure by a law enforcement officer and to being destroyed in conformity with the Arkansas Fire Prevention Code. (h) As used in this section, "alien" means a person who is not a citizen or national of the United States. Amended by Act 2023, No. 736,§ 11, eff. 8/1/2023. Acts 1975, No. 280, § 3108; A.S.A. 1947, § 41-3108; Acts 2005, No. 1226, § 2; 2006 (1st Ex. Sess.), No. 14, § 1; 2009, No. 339, § 1; 2011, No. 1120, § 14.

(a) (1) A person commits the offense of criminal possession of explosive material or a destructive device if the person: (A) Sells, possesses, manufactures, transfers, or transports explosive material or a destructive device; and (B) Either: (i) Has the purpose of using that explosive material or destructive device to commit an offense; or (ii) Knows or reasonably should know that another person intends to use that explosive material or destructive device to commit an offense. (2) Criminal possession of explosive material or a destructive device is a Class B felony.

(1) A person commits the offense of criminal possession of explosive material or a destructive device if the person: (A) Sells, possesses, manufactures, transfers, or transports explosive material or a destructive device; and (B) Either: (i) Has the purpose of using that explosive material or destructive device to commit an offense; or (ii) Knows or reasonably should know that another person intends to use that explosive material or destructive device to commit an offense.

(A) Sells, possesses, manufactures, transfers, or transports explosive material or a destructive device; and

(B) Either: (i) Has the purpose of using that explosive material or destructive device to commit an offense; or (ii) Knows or reasonably should know that another person intends to use that explosive material or destructive device to commit an offense.

(i) Has the purpose of using that explosive material or destructive device to commit an offense; or

(ii) Knows or reasonably should know that another person intends to use that explosive material or destructive device to commit an offense.

(2) Criminal possession of explosive material or a destructive device is a Class B felony.

(b) (1) A person commits the offense of criminal distribution of explosive material if he or she knowingly distributes explosive material to any individual who: (A) Has pleaded guilty or nolo contendere to or been found guilty of a crime in state or federal court punishable by imprisonment for a term exceeding one (1) year; (B) Is a fugitive from justice; (C) Is an unlawful user of or addicted to any controlled substance; (D) Has been adjudicated as having a mental disease or defect or has been committed to an institution or residential treatment facility because of a mental disease or defect; (E) Is under twenty-one (21) years of age; (F) Is an alien, other than an alien who is: (i) Lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20) , as it existed on January 1, 2009; (ii) In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. § 1157 , as it existed on January 1, 2009, or in asylum status under 8 U.S.C. § 1158 , as it existed on January 1, 2009, and either: (a) A foreign law enforcement officer of a friendly foreign government, as determined by the United States Secretary of State under 1 8 U.S.C. § 842 , entering the United States on official law enforcement business, and the distribution of explosive material is in furtherance of this official law enforcement business; or (b) A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 1 8 U.S.C. § 843 , as it existed on January 1, 2009, and the distribution of explosive material is in furtherance of the person's power; (iii) A member of a North Atlantic Treaty Organization or other friendly foreign military force, as determined by the United States Attorney General in consultation with the United States Secretary of Defense under 1 8 U.S.C. § 842 , who is present in the United States under military orders for training or other military purpose authorized by the United States, and the distribution of explosive material is in furtherance of the military orders for training or authorized military purpose; or (iv) Lawfully present in the United States in cooperation with the Director of the Central Intelligence Agency, and the distribution of explosive material is in furtherance of the cooperation; (G) Has been dishonorably discharged from any branch of the United States Armed Forces; or (H) Has renounced his or her United States citizenship. (2) Criminal distribution of explosive material is a Class C felony.

(1) A person commits the offense of criminal distribution of explosive material if he or she knowingly distributes explosive material to any individual who: (A) Has pleaded guilty or nolo contendere to or been found guilty of a crime in state or federal court punishable by imprisonment for a term exceeding one (1) year; (B) Is a fugitive from justice; (C) Is an unlawful user of or addicted to any controlled substance; (D) Has been adjudicated as having a mental disease or defect or has been committed to an institution or residential treatment facility because of a mental disease or defect; (E) Is under twenty-one (21) years of age; (F) Is an alien, other than an alien who is: (i) Lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20) , as it existed on January 1, 2009; (ii) In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. § 1157 , as it existed on January 1, 2009, or in asylum status under 8 U.S.C. § 1158 , as it existed on January 1, 2009, and either: (a) A foreign law enforcement officer of a friendly foreign government, as determined by the United States Secretary of State under 1 8 U.S.C. § 842 , entering the United States on official law enforcement business, and the distribution of explosive material is in furtherance of this official law enforcement business; or (b) A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 1 8 U.S.C. § 843 , as it existed on January 1, 2009, and the distribution of explosive material is in furtherance of the person's power; (iii) A member of a North Atlantic Treaty Organization or other friendly foreign military force, as determined by the United States Attorney General in consultation with the United States Secretary of Defense under 1 8 U.S.C. § 842 , who is present in the United States under military orders for training or other military purpose authorized by the United States, and the distribution of explosive material is in furtherance of the military orders for training or authorized military purpose; or (iv) Lawfully present in the United States in cooperation with the Director of the Central Intelligence Agency, and the distribution of explosive material is in furtherance of the cooperation; (G) Has been dishonorably discharged from any branch of the United States Armed Forces; or (H) Has renounced his or her United States citizenship.

(A) Has pleaded guilty or nolo contendere to or been found guilty of a crime in state or federal court punishable by imprisonment for a term exceeding one (1) year;

(B) Is a fugitive from justice;

(C) Is an unlawful user of or addicted to any controlled substance;

(D) Has been adjudicated as having a mental disease or defect or has been committed to an institution or residential treatment facility because of a mental disease or defect;

(E) Is under twenty-one (21) years of age;

(F) Is an alien, other than an alien who is: (i) Lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20) , as it existed on January 1, 2009; (ii) In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. § 1157 , as it existed on January 1, 2009, or in asylum status under 8 U.S.C. § 1158 , as it existed on January 1, 2009, and either: (a) A foreign law enforcement officer of a friendly foreign government, as determined by the United States Secretary of State under 1 8 U.S.C. § 842 , entering the United States on official law enforcement business, and the distribution of explosive material is in furtherance of this official law enforcement business; or (b) A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 1 8 U.S.C. § 843 , as it existed on January 1, 2009, and the distribution of explosive material is in furtherance of the person's power; (iii) A member of a North Atlantic Treaty Organization or other friendly foreign military force, as determined by the United States Attorney General in consultation with the United States Secretary of Defense under 1 8 U.S.C. § 842 , who is present in the United States under military orders for training or other military purpose authorized by the United States, and the distribution of explosive material is in furtherance of the military orders for training or authorized military purpose; or (iv) Lawfully present in the United States in cooperation with the Director of the Central Intelligence Agency, and the distribution of explosive material is in furtherance of the cooperation;

(i) Lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20) , as it existed on January 1, 2009;

(ii) In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. § 1157 , as it existed on January 1, 2009, or in asylum status under 8 U.S.C. § 1158 , as it existed on January 1, 2009, and either: (a) A foreign law enforcement officer of a friendly foreign government, as determined by the United States Secretary of State under 1 8 U.S.C. § 842 , entering the United States on official law enforcement business, and the distribution of explosive material is in furtherance of this official law enforcement business; or (b) A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 1 8 U.S.C. § 843 , as it existed on January 1, 2009, and the distribution of explosive material is in furtherance of the person's power;

(a) A foreign law enforcement officer of a friendly foreign government, as determined by the United States Secretary of State under 1 8 U.S.C. § 842 , entering the United States on official law enforcement business, and the distribution of explosive material is in furtherance of this official law enforcement business; or

(b) A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 1 8 U.S.C. § 843 , as it existed on January 1, 2009, and the distribution of explosive material is in furtherance of the person's power;

(iii) A member of a North Atlantic Treaty Organization or other friendly foreign military force, as determined by the United States Attorney General in consultation with the United States Secretary of Defense under 1 8 U.S.C. § 842 , who is present in the United States under military orders for training or other military purpose authorized by the United States, and the distribution of explosive material is in furtherance of the military orders for training or authorized military purpose; or

(iv) Lawfully present in the United States in cooperation with the Director of the Central Intelligence Agency, and the distribution of explosive material is in furtherance of the cooperation;

(G) Has been dishonorably discharged from any branch of the United States Armed Forces; or

(H) Has renounced his or her United States citizenship.

(2) Criminal distribution of explosive material is a Class C felony.

(c) (1) A person commits the offense of possession of stolen explosive material if he or she: (A) Receives, possesses, transports, ships, conceals, stores, barters, sells, disposes of, or pledges or accepts as security for a loan any stolen explosive materials; and (B) Knows or has reasonable cause to believe that the explosive material was stolen. (2) Possession of stolen explosive material is a Class C felony.

(1) A person commits the offense of possession of stolen explosive material if he or she: (A) Receives, possesses, transports, ships, conceals, stores, barters, sells, disposes of, or pledges or accepts as security for a loan any stolen explosive materials; and (B) Knows or has reasonable cause to believe that the explosive material was stolen.

(A) Receives, possesses, transports, ships, conceals, stores, barters, sells, disposes of, or pledges or accepts as security for a loan any stolen explosive materials; and

(B) Knows or has reasonable cause to believe that the explosive material was stolen.

(2) Possession of stolen explosive material is a Class C felony.

(d) (1) A person commits the offense of unlawful receipt or possession of an explosive material if the person receives or possesses explosive material and: (A) Has pleaded guilty or nolo contendere to or has been found guilty in any state or federal court of a crime punishable by imprisonment for a term exceeding one (1) year; (B) Is a fugitive from justice; (C) Is an unlawful user of or addicted to any controlled substance; (D) Has been adjudicated to have a mental disease or defect or has been committed to an institution or residential treatment facility because of a mental disease or defect; (E) Is under twenty-one (21) years of age; (F) Is an alien, other than an alien who is: (i) Lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20) , as it existed on January 1, 2009; or (ii) In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. § 1157 , as it existed on January 1, 2009, or in asylum status under 8 U.S.C. § 1158 , as it existed on January 1, 2009, and either: (a) A foreign law enforcement officer of a friendly foreign government, as determined by the United States Secretary of State under 1 8 U.S.C. § 842 , entering the United States on official law enforcement business, and the receipt or possession of the explosive material is in furtherance of this official law enforcement business; or (b) A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 1 8 U.S.C. § 843 , as it existed on January 1, 2009, and the receipt or possession of the explosive material is in furtherance of the person's power; (iii) A member of a North Atlantic Treaty Organization or other friendly foreign military force, as determined by the United States Attorney General in consultation with the United States Secretary of Defense under 1 8 U.S.C. § 842 , who is present in the United States under military orders for training or other military purpose authorized by the United States, and the receipt or possession of the explosive material is in furtherance of the military orders for training or authorized military purpose; or (iv) Lawfully present in the United States in cooperation with the Director of the Central Intelligence Agency, and the receipt or possession of the explosive material is in furtherance of the cooperation; (G) Has been dishonorably discharged from any branch of the United States Armed Forces; or (H) Has renounced his or her United States citizenship. (2) Unlawful receipt or possession of explosive material is a Class C felony. (3) It is a defense to prosecution under this subsection if at the time of the receiving or possessing the explosive material the person was acting within the scope of his or her employment with a business authorized to use explosive material.

(1) A person commits the offense of unlawful receipt or possession of an explosive material if the person receives or possesses explosive material and: (A) Has pleaded guilty or nolo contendere to or has been found guilty in any state or federal court of a crime punishable by imprisonment for a term exceeding one (1) year; (B) Is a fugitive from justice; (C) Is an unlawful user of or addicted to any controlled substance; (D) Has been adjudicated to have a mental disease or defect or has been committed to an institution or residential treatment facility because of a mental disease or defect; (E) Is under twenty-one (21) years of age; (F) Is an alien, other than an alien who is: (i) Lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20) , as it existed on January 1, 2009; or (ii) In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. § 1157 , as it existed on January 1, 2009, or in asylum status under 8 U.S.C. § 1158 , as it existed on January 1, 2009, and either: (a) A foreign law enforcement officer of a friendly foreign government, as determined by the United States Secretary of State under 1 8 U.S.C. § 842 , entering the United States on official law enforcement business, and the receipt or possession of the explosive material is in furtherance of this official law enforcement business; or (b) A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 1 8 U.S.C. § 843 , as it existed on January 1, 2009, and the receipt or possession of the explosive material is in furtherance of the person's power; (iii) A member of a North Atlantic Treaty Organization or other friendly foreign military force, as determined by the United States Attorney General in consultation with the United States Secretary of Defense under 1 8 U.S.C. § 842 , who is present in the United States under military orders for training or other military purpose authorized by the United States, and the receipt or possession of the explosive material is in furtherance of the military orders for training or authorized military purpose; or (iv) Lawfully present in the United States in cooperation with the Director of the Central Intelligence Agency, and the receipt or possession of the explosive material is in furtherance of the cooperation; (G) Has been dishonorably discharged from any branch of the United States Armed Forces; or (H) Has renounced his or her United States citizenship.

(A) Has pleaded guilty or nolo contendere to or has been found guilty in any state or federal court of a crime punishable by imprisonment for a term exceeding one (1) year;

(B) Is a fugitive from justice;

(C) Is an unlawful user of or addicted to any controlled substance;

(D) Has been adjudicated to have a mental disease or defect or has been committed to an institution or residential treatment facility because of a mental disease or defect;

(E) Is under twenty-one (21) years of age;

(F) Is an alien, other than an alien who is: (i) Lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20) , as it existed on January 1, 2009; or (ii) In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. § 1157 , as it existed on January 1, 2009, or in asylum status under 8 U.S.C. § 1158 , as it existed on January 1, 2009, and either: (a) A foreign law enforcement officer of a friendly foreign government, as determined by the United States Secretary of State under 1 8 U.S.C. § 842 , entering the United States on official law enforcement business, and the receipt or possession of the explosive material is in furtherance of this official law enforcement business; or (b) A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 1 8 U.S.C. § 843 , as it existed on January 1, 2009, and the receipt or possession of the explosive material is in furtherance of the person's power; (iii) A member of a North Atlantic Treaty Organization or other friendly foreign military force, as determined by the United States Attorney General in consultation with the United States Secretary of Defense under 1 8 U.S.C. § 842 , who is present in the United States under military orders for training or other military purpose authorized by the United States, and the receipt or possession of the explosive material is in furtherance of the military orders for training or authorized military purpose; or (iv) Lawfully present in the United States in cooperation with the Director of the Central Intelligence Agency, and the receipt or possession of the explosive material is in furtherance of the cooperation;

(i) Lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20) , as it existed on January 1, 2009; or

(ii) In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. § 1157 , as it existed on January 1, 2009, or in asylum status under 8 U.S.C. § 1158 , as it existed on January 1, 2009, and either: (a) A foreign law enforcement officer of a friendly foreign government, as determined by the United States Secretary of State under 1 8 U.S.C. § 842 , entering the United States on official law enforcement business, and the receipt or possession of the explosive material is in furtherance of this official law enforcement business; or (b) A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 1 8 U.S.C. § 843 , as it existed on January 1, 2009, and the receipt or possession of the explosive material is in furtherance of the person's power;

(a) A foreign law enforcement officer of a friendly foreign government, as determined by the United States Secretary of State under 1 8 U.S.C. § 842 , entering the United States on official law enforcement business, and the receipt or possession of the explosive material is in furtherance of this official law enforcement business; or

(b) A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 1 8 U.S.C. § 843 , as it existed on January 1, 2009, and the receipt or possession of the explosive material is in furtherance of the person's power;

(iii) A member of a North Atlantic Treaty Organization or other friendly foreign military force, as determined by the United States Attorney General in consultation with the United States Secretary of Defense under 1 8 U.S.C. § 842 , who is present in the United States under military orders for training or other military purpose authorized by the United States, and the receipt or possession of the explosive material is in furtherance of the military orders for training or authorized military purpose; or

(iv) Lawfully present in the United States in cooperation with the Director of the Central Intelligence Agency, and the receipt or possession of the explosive material is in furtherance of the cooperation;

(G) Has been dishonorably discharged from any branch of the United States Armed Forces; or

(H) Has renounced his or her United States citizenship.

(2) Unlawful receipt or possession of explosive material is a Class C felony.

(3) It is a defense to prosecution under this subsection if at the time of the receiving or possessing the explosive material the person was acting within the scope of his or her employment with a business authorized to use explosive material.

(e) It is a Class A misdemeanor for any person to store any explosive material in a manner not in conformity with the Arkansas Fire Prevention Code.

(f) A person who commits theft of any explosive material with the purpose to cause harm to a person or property is guilty of a Class B felony.

(g) Any explosive material determined to be contraband is subject to seizure by a law enforcement officer and to being destroyed in conformity with the Arkansas Fire Prevention Code.

(h) As used in this section, "alien" means a person who is not a citizen or national of the United States.

Amended by Act 2023, No. 736,§ 11, eff. 8/1/2023.

Acts 1975, No. 280, § 3108; A.S.A. 1947, § 41-3108; Acts 2005, No. 1226, § 2; 2006 (1st Ex. Sess.), No. 14, § 1; 2009, No. 339, § 1; 2011, No. 1120, § 14.
Ark. Code Ann. § 5-27-211 — AR Code / Title 5 / Chapter 27 / Subchapter 2 / Section 5-27-211
Re-homing of an adopted minor
Status: in_force

(a) As used in this section: (1) "Adopted minor" means a person who is: (A) Less than eighteen (18) years of age; and (B) The subject of an adoption decree that is valid under the law of this state or another state, or foreign or international law; and (2) "Relative" means a person within the fifth degree of consanguinity by virtue of blood or adoption. (b) A person commits the offense of re-homing of a minor if he or she knowingly engages in: (1) (A) A transaction or an action taken to facilitate a transaction through electronic means or otherwise by an adoptive parent, an individual, or an entity having custody of an adopted minor that is taken: (i) Without court approval; and (ii) Except as provided under subsection (c) of this section, to avoid permanent parental responsibility by placing the minor in the physical custody of another person or entity. (B) As used in subdivision (b)(1)(A) of this section, "transaction" includes without limitation transferring, advertising, recruiting, harboring, transporting, providing, soliciting, or obtaining a minor; (2) The selling, transferring, or arranging for the sale or transfer of a minor to another person or entity for money or anything of value or to receive a minor for money or anything of value; or (3) Assisting, aiding, abetting, or conspiring in the commission of an act described in subdivision (b)(1) or subdivision (b)(2) of this section by a person or an entity, regardless of whether money or anything of value has been promised to or received by the person or entity. (c) This section does not apply to: (1) A person who places a minor with a relative, stepparent, an agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., a licensed attorney, or the Department of Human Services; (2) Placement of a minor by a licensed attorney, an agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or the Department of Human Services; (3) Temporary placement of a minor by a parent or custodian for a designated short-term period with a specified intent and time period for return of the minor if the temporary placement is due to a vacation or a school-sponsored function or activity, or the incarceration, military service, medical treatment, or incapacity of a parent or guardian; (4) Placement of a minor in accordance with the requirements of the Interstate Compact on the Placement of Children, § 9-29-201 et seq.; or (5) Relinquishment of a minor under the voluntary delivery of a child law, under § 9-34-201 et seq. (d) Re-homing of a minor is an unclassified felony with a term of imprisonment of not more than five (5) years and a fine of not more than five thousand dollars ($5,000). (e) It is not a defense to prosecution for a violation of this section that the adoptive parent solicited, advertised, or recruited through electronic means or otherwise and recruited a person that is: (1) A law enforcement officer acting within the official scope of his or her duties; and (2) Posing as a person willing to accept placement of an adopted minor. Added by Act 2015, No. 1092,§ 1, eff. 7/22/2015.

(a) As used in this section: (1) "Adopted minor" means a person who is: (A) Less than eighteen (18) years of age; and (B) The subject of an adoption decree that is valid under the law of this state or another state, or foreign or international law; and (2) "Relative" means a person within the fifth degree of consanguinity by virtue of blood or adoption.

(1) "Adopted minor" means a person who is: (A) Less than eighteen (18) years of age; and (B) The subject of an adoption decree that is valid under the law of this state or another state, or foreign or international law; and

(A) Less than eighteen (18) years of age; and

(B) The subject of an adoption decree that is valid under the law of this state or another state, or foreign or international law; and

(2) "Relative" means a person within the fifth degree of consanguinity by virtue of blood or adoption.

(b) A person commits the offense of re-homing of a minor if he or she knowingly engages in: (1) (A) A transaction or an action taken to facilitate a transaction through electronic means or otherwise by an adoptive parent, an individual, or an entity having custody of an adopted minor that is taken: (i) Without court approval; and (ii) Except as provided under subsection (c) of this section, to avoid permanent parental responsibility by placing the minor in the physical custody of another person or entity. (B) As used in subdivision (b)(1)(A) of this section, "transaction" includes without limitation transferring, advertising, recruiting, harboring, transporting, providing, soliciting, or obtaining a minor; (2) The selling, transferring, or arranging for the sale or transfer of a minor to another person or entity for money or anything of value or to receive a minor for money or anything of value; or (3) Assisting, aiding, abetting, or conspiring in the commission of an act described in subdivision (b)(1) or subdivision (b)(2) of this section by a person or an entity, regardless of whether money or anything of value has been promised to or received by the person or entity.

(1) (A) A transaction or an action taken to facilitate a transaction through electronic means or otherwise by an adoptive parent, an individual, or an entity having custody of an adopted minor that is taken: (i) Without court approval; and (ii) Except as provided under subsection (c) of this section, to avoid permanent parental responsibility by placing the minor in the physical custody of another person or entity. (B) As used in subdivision (b)(1)(A) of this section, "transaction" includes without limitation transferring, advertising, recruiting, harboring, transporting, providing, soliciting, or obtaining a minor;

(A) A transaction or an action taken to facilitate a transaction through electronic means or otherwise by an adoptive parent, an individual, or an entity having custody of an adopted minor that is taken: (i) Without court approval; and (ii) Except as provided under subsection (c) of this section, to avoid permanent parental responsibility by placing the minor in the physical custody of another person or entity.

(i) Without court approval; and

(ii) Except as provided under subsection (c) of this section, to avoid permanent parental responsibility by placing the minor in the physical custody of another person or entity.

(B) As used in subdivision (b)(1)(A) of this section, "transaction" includes without limitation transferring, advertising, recruiting, harboring, transporting, providing, soliciting, or obtaining a minor;

(2) The selling, transferring, or arranging for the sale or transfer of a minor to another person or entity for money or anything of value or to receive a minor for money or anything of value; or

(3) Assisting, aiding, abetting, or conspiring in the commission of an act described in subdivision (b)(1) or subdivision (b)(2) of this section by a person or an entity, regardless of whether money or anything of value has been promised to or received by the person or entity.

(c) This section does not apply to: (1) A person who places a minor with a relative, stepparent, an agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., a licensed attorney, or the Department of Human Services; (2) Placement of a minor by a licensed attorney, an agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or the Department of Human Services; (3) Temporary placement of a minor by a parent or custodian for a designated short-term period with a specified intent and time period for return of the minor if the temporary placement is due to a vacation or a school-sponsored function or activity, or the incarceration, military service, medical treatment, or incapacity of a parent or guardian; (4) Placement of a minor in accordance with the requirements of the Interstate Compact on the Placement of Children, § 9-29-201 et seq.; or (5) Relinquishment of a minor under the voluntary delivery of a child law, under § 9-34-201 et seq.

(1) A person who places a minor with a relative, stepparent, an agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., a licensed attorney, or the Department of Human Services;

(2) Placement of a minor by a licensed attorney, an agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or the Department of Human Services;

(3) Temporary placement of a minor by a parent or custodian for a designated short-term period with a specified intent and time period for return of the minor if the temporary placement is due to a vacation or a school-sponsored function or activity, or the incarceration, military service, medical treatment, or incapacity of a parent or guardian;

(4) Placement of a minor in accordance with the requirements of the Interstate Compact on the Placement of Children, § 9-29-201 et seq.; or

(5) Relinquishment of a minor under the voluntary delivery of a child law, under § 9-34-201 et seq.

(d) Re-homing of a minor is an unclassified felony with a term of imprisonment of not more than five (5) years and a fine of not more than five thousand dollars ($5,000).

(e) It is not a defense to prosecution for a violation of this section that the adoptive parent solicited, advertised, or recruited through electronic means or otherwise and recruited a person that is: (1) A law enforcement officer acting within the official scope of his or her duties; and (2) Posing as a person willing to accept placement of an adopted minor.

(1) A law enforcement officer acting within the official scope of his or her duties; and

(2) Posing as a person willing to accept placement of an adopted minor.

Added by Act 2015, No. 1092,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 5-65-112 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-112
Fines
Status: in_force

A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 shall be fined: (1) No less than one hundred fifty dollars ($150) and no more than one thousand dollars ($1,000) for the first offense; (2) No less than four hundred dollars ($400) and no more than three thousand dollars ($3,000) for the second offense occurring within five (5) years of the first offense; and (3) No less than nine hundred dollars ($900) and no more than five thousand dollars ($5,000) for the third or subsequent offense occurring within five (5) years of the first offense. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Amended by Act 2013, No. 1268,§ 2, eff. 8/16/2013. Acts 1983, No. 549, § 5; A.S.A. 1947, § 75-2505; Acts 1993, No. 106, § 1; 1999, No. 1077, § 12.

A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 shall be fined:

(1) No less than one hundred fifty dollars ($150) and no more than one thousand dollars ($1,000) for the first offense;

(2) No less than four hundred dollars ($400) and no more than three thousand dollars ($3,000) for the second offense occurring within five (5) years of the first offense; and

(3) No less than nine hundred dollars ($900) and no more than five thousand dollars ($5,000) for the third or subsequent offense occurring within five (5) years of the first offense.

Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015.

Amended by Act 2013, No. 1268,§ 2, eff. 8/16/2013.

Acts 1983, No. 549, § 5; A.S.A. 1947, § 75-2505; Acts 1993, No. 106, § 1; 1999, No. 1077, § 12.
Ark. Code Ann. § 5-5-303 — AR Code / Title 5 / Chapter 5 / Subchapter 3 / Section 5-5-303
Petition for forfeiture - Order
Status: in_force

(a) (1) The prosecuting attorney of the judicial district within whose jurisdiction there is property that is sought to be forfeited pursuant to § 5-5-302 shall promptly proceed against the property by filing in the circuit court having jurisdiction of the property a petition for an order to show cause why the circuit court should not order forfeiture of the property. (2) The petition shall be verified and shall set forth: (A) A statement that the action is brought pursuant to § 5-5-302 ; (B) The law enforcement agency bringing the action; (C) A description of the property sought to be forfeited; (D) A statement that on or about a date certain the property was used or intended to be used in a criminal act constituting theft of livestock or that a criminal act constituting theft of livestock took place in, upon, or by means of the property; (E) A statement detailing the facts in support of subsection (a) of this section; and (F) A list of all persons known to the law enforcement agency, after diligent search and inquiry, who may claim an ownership interest in the property by title or registration or by virtue of a lien allegedly perfected in the manner prescribed by law. (b) (1) Upon receipt of a petition complying with the requirements of subsection (a) of this section, the circuit judge of the court having jurisdiction shall issue an order to show cause setting forth a statement that this subchapter is the controlling law. (2) In addition, the order shall set a date at least forty-one (41) days from the date of first publication of the order pursuant to subsection (c) of this section for any person claiming an interest in the property to file such pleadings as the person desires as to why the circuit court should not order the forfeiture of the property to use, sale, or other disposition by the law enforcement agency seeking forfeiture of the property. (3) The circuit court shall further order that any person who does not appear on that date is deemed to have defaulted and waived any claim to the property. (c) (1) The prosecuting attorney shall give notice of the forfeiture proceedings by: (A) Causing to be published a copy of the order to show cause two (2) times each week for two (2) consecutive weeks in a newspaper having general circulation in the county where the property is located; and (B) Sending a copy of the petition and order to show cause by certified mail, return receipt requested, to any person having ownership of or a security interest in the property or in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure, if: (i) The property is of a type for which title or registration is required by law; (ii) The owner of the property is known in fact to the law enforcement agency at the time of seizure; or (iii) The property is subject to a security interest perfected in accordance with the Uniform Commercial Code, § 4-1-101 et seq. (2) The law enforcement agency is obligated only to make diligent search and inquiry as to the owner of the property and if, after diligent search and inquiry, the law enforcement agency is unable to ascertain the owner, the requirement of actual notice by mail with respect to a person having a perfected security interest in the property is not applicable. (d) At the hearing on the matter, the petitioner has the burden to establish that the property is subject to forfeiture as provided in § 5-5-302 . (e) The final order of forfeiture by the circuit court perfects in the law enforcement agency right, title, and interest in and to the property and relates back to the date of the seizure. (f) Physical seizure of property is not necessary in order to allege in a petition under this section that property is forfeitable. (g) Upon filing the petition, the prosecuting attorney for the judicial district may also seek such protective order as is necessary to prevent the transfer, encumbrance, or other disposal of any property named in the petition. Acts 1993, No. 1031, § 3.

(a) (1) The prosecuting attorney of the judicial district within whose jurisdiction there is property that is sought to be forfeited pursuant to § 5-5-302 shall promptly proceed against the property by filing in the circuit court having jurisdiction of the property a petition for an order to show cause why the circuit court should not order forfeiture of the property. (2) The petition shall be verified and shall set forth: (A) A statement that the action is brought pursuant to § 5-5-302 ; (B) The law enforcement agency bringing the action; (C) A description of the property sought to be forfeited; (D) A statement that on or about a date certain the property was used or intended to be used in a criminal act constituting theft of livestock or that a criminal act constituting theft of livestock took place in, upon, or by means of the property; (E) A statement detailing the facts in support of subsection (a) of this section; and (F) A list of all persons known to the law enforcement agency, after diligent search and inquiry, who may claim an ownership interest in the property by title or registration or by virtue of a lien allegedly perfected in the manner prescribed by law.

(1) The prosecuting attorney of the judicial district within whose jurisdiction there is property that is sought to be forfeited pursuant to § 5-5-302 shall promptly proceed against the property by filing in the circuit court having jurisdiction of the property a petition for an order to show cause why the circuit court should not order forfeiture of the property.

(2) The petition shall be verified and shall set forth: (A) A statement that the action is brought pursuant to § 5-5-302 ; (B) The law enforcement agency bringing the action; (C) A description of the property sought to be forfeited; (D) A statement that on or about a date certain the property was used or intended to be used in a criminal act constituting theft of livestock or that a criminal act constituting theft of livestock took place in, upon, or by means of the property; (E) A statement detailing the facts in support of subsection (a) of this section; and (F) A list of all persons known to the law enforcement agency, after diligent search and inquiry, who may claim an ownership interest in the property by title or registration or by virtue of a lien allegedly perfected in the manner prescribed by law.

(A) A statement that the action is brought pursuant to § 5-5-302 ;

(B) The law enforcement agency bringing the action;

(C) A description of the property sought to be forfeited;

(D) A statement that on or about a date certain the property was used or intended to be used in a criminal act constituting theft of livestock or that a criminal act constituting theft of livestock took place in, upon, or by means of the property;

(E) A statement detailing the facts in support of subsection (a) of this section; and

(F) A list of all persons known to the law enforcement agency, after diligent search and inquiry, who may claim an ownership interest in the property by title or registration or by virtue of a lien allegedly perfected in the manner prescribed by law.

(b) (1) Upon receipt of a petition complying with the requirements of subsection (a) of this section, the circuit judge of the court having jurisdiction shall issue an order to show cause setting forth a statement that this subchapter is the controlling law. (2) In addition, the order shall set a date at least forty-one (41) days from the date of first publication of the order pursuant to subsection (c) of this section for any person claiming an interest in the property to file such pleadings as the person desires as to why the circuit court should not order the forfeiture of the property to use, sale, or other disposition by the law enforcement agency seeking forfeiture of the property. (3) The circuit court shall further order that any person who does not appear on that date is deemed to have defaulted and waived any claim to the property.

(1) Upon receipt of a petition complying with the requirements of subsection (a) of this section, the circuit judge of the court having jurisdiction shall issue an order to show cause setting forth a statement that this subchapter is the controlling law.

(2) In addition, the order shall set a date at least forty-one (41) days from the date of first publication of the order pursuant to subsection (c) of this section for any person claiming an interest in the property to file such pleadings as the person desires as to why the circuit court should not order the forfeiture of the property to use, sale, or other disposition by the law enforcement agency seeking forfeiture of the property.

(3) The circuit court shall further order that any person who does not appear on that date is deemed to have defaulted and waived any claim to the property.

(c) (1) The prosecuting attorney shall give notice of the forfeiture proceedings by: (A) Causing to be published a copy of the order to show cause two (2) times each week for two (2) consecutive weeks in a newspaper having general circulation in the county where the property is located; and (B) Sending a copy of the petition and order to show cause by certified mail, return receipt requested, to any person having ownership of or a security interest in the property or in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure, if: (i) The property is of a type for which title or registration is required by law; (ii) The owner of the property is known in fact to the law enforcement agency at the time of seizure; or (iii) The property is subject to a security interest perfected in accordance with the Uniform Commercial Code, § 4-1-101 et seq. (2) The law enforcement agency is obligated only to make diligent search and inquiry as to the owner of the property and if, after diligent search and inquiry, the law enforcement agency is unable to ascertain the owner, the requirement of actual notice by mail with respect to a person having a perfected security interest in the property is not applicable.

(1) The prosecuting attorney shall give notice of the forfeiture proceedings by: (A) Causing to be published a copy of the order to show cause two (2) times each week for two (2) consecutive weeks in a newspaper having general circulation in the county where the property is located; and (B) Sending a copy of the petition and order to show cause by certified mail, return receipt requested, to any person having ownership of or a security interest in the property or in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure, if: (i) The property is of a type for which title or registration is required by law; (ii) The owner of the property is known in fact to the law enforcement agency at the time of seizure; or (iii) The property is subject to a security interest perfected in accordance with the Uniform Commercial Code, § 4-1-101 et seq.

(A) Causing to be published a copy of the order to show cause two (2) times each week for two (2) consecutive weeks in a newspaper having general circulation in the county where the property is located; and

(B) Sending a copy of the petition and order to show cause by certified mail, return receipt requested, to any person having ownership of or a security interest in the property or in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure, if: (i) The property is of a type for which title or registration is required by law; (ii) The owner of the property is known in fact to the law enforcement agency at the time of seizure; or (iii) The property is subject to a security interest perfected in accordance with the Uniform Commercial Code, § 4-1-101 et seq.

(i) The property is of a type for which title or registration is required by law;

(ii) The owner of the property is known in fact to the law enforcement agency at the time of seizure; or

(iii) The property is subject to a security interest perfected in accordance with the Uniform Commercial Code, § 4-1-101 et seq.

(2) The law enforcement agency is obligated only to make diligent search and inquiry as to the owner of the property and if, after diligent search and inquiry, the law enforcement agency is unable to ascertain the owner, the requirement of actual notice by mail with respect to a person having a perfected security interest in the property is not applicable.

(d) At the hearing on the matter, the petitioner has the burden to establish that the property is subject to forfeiture as provided in § 5-5-302 .

(e) The final order of forfeiture by the circuit court perfects in the law enforcement agency right, title, and interest in and to the property and relates back to the date of the seizure.

(f) Physical seizure of property is not necessary in order to allege in a petition under this section that property is forfeitable.

(g) Upon filing the petition, the prosecuting attorney for the judicial district may also seek such protective order as is necessary to prevent the transfer, encumbrance, or other disposal of any property named in the petition.

Acts 1993, No. 1031, § 3.
Ark. Code Ann. § 5-14-134 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-134
Registered offender prohibited from entering a swimming area or children's playground contained within an Arkansas State Park
Status: in_force

(a) As used in this section: (1) "Arkansas State Park" means a state park classified or reclassified as an official state park under § 22-4-201(1) or § 22-4-202 ; (2) "Children's playground" means a place with a specific design for children to be able to play there, whether indoor or outdoor; and (3) "Swimming area" means a place with a specific design for people to swim, including without limitation a beach, a swimming pool, and a water park. (b) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly enter a swimming area or children's playground contained within an Arkansas State Park. (c) A violation of this section is a Class D felony. Added by Act 2013, No. 39,§ 1, eff. 2/6/2013.

(a) As used in this section: (1) "Arkansas State Park" means a state park classified or reclassified as an official state park under § 22-4-201(1) or § 22-4-202 ; (2) "Children's playground" means a place with a specific design for children to be able to play there, whether indoor or outdoor; and (3) "Swimming area" means a place with a specific design for people to swim, including without limitation a beach, a swimming pool, and a water park.

(1) "Arkansas State Park" means a state park classified or reclassified as an official state park under § 22-4-201(1) or § 22-4-202 ;

(2) "Children's playground" means a place with a specific design for children to be able to play there, whether indoor or outdoor; and

(3) "Swimming area" means a place with a specific design for people to swim, including without limitation a beach, a swimming pool, and a water park.

(b) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly enter a swimming area or children's playground contained within an Arkansas State Park.

(c) A violation of this section is a Class D felony.

Added by Act 2013, No. 39,§ 1, eff. 2/6/2013.
Ark. Code Ann. § 5-54-101 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-101
Definitions
Status: in_force

As used in this subchapter: (1) "Arkansas State Hospital" includes any subdivision or facility of the Arkansas State Hospital and any other hospital established by law or legally designated for similar purposes; (2) (A) "Correctional facility" means any place used for the confinement of persons charged with or convicted of an offense or otherwise confined under a court order. (B) "Correctional facility" does not include youth services programs and applies to the Arkansas State Hospital only as to persons detained there charged with or convicted of an offense; (3) (A) "Custody" means actual or constructive restraint by a law enforcement officer pursuant to an arrest or a court order. (B) "Custody" does not include detention in a correctional facility, youth services program, or the Arkansas State Hospital; (4) "Deadly physical force" means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury; (5) "Escape" means the unauthorized departure of a person from custody or a correctional facility; (6) "Governmental function" means any activity that a public servant is legally authorized to undertake on behalf of any governmental unit he or she serves; (7) "Implement for escape" means any weapon, tool, or other thing that may be useful for escape; (8) "Implement for unauthorized departure" means any weapon, tool, or other thing that may be useful for unauthorized departure; (9) "Juvenile detention facility" means any facility for the temporary care of juveniles alleged to be delinquent, or adjudicated delinquent and awaiting disposition, who require secure custody in a physically restricting facility designed and operated with all entrances and exits under the exclusive control of the facility's staff, so that a juvenile may not leave the facility unsupervised or without permission; (10) "Physical force" means any bodily impact, restraint, or confinement or the threat of bodily impact, restraint, or confinement; (11) "Prohibited article" means: (A) An intoxicating beverage other than sacramental wine labeled as sacramental wine and supplied by a religious official who supplies the sacramental wine to an inmate in the Division of Correction or Division of Community Correction for the sole purpose of an approved religious service, pursuant to rules promulgated by the Board of Corrections; (B) A controlled substance, as defined by §§ 5-64-101 et seq. - 5-64-601 et seq., not prescribed by a physician for the benefit of the person to whom it is delivered; (C) A weapon, including a firearm or anything manifestly designed, made, adapted, or capable of being adapted to inflict physical injury, and anything that in the manner of its use or intended use is capable of causing physical injury; or (D) Anything furnished an inmate in a correctional facility, the Arkansas State Hospital, or juvenile training school without authorization of a person charged with the duty of maintaining the safety or security of the institution or any person confined in the institution; (12) "Public record" includes all official books, papers, exhibits, or records of any type required by law to be created by or received and retained in any governmental office or agency, affording notice or information to the public or constituting a memorial of an act or transaction of a public office or public servant; and (13) (A) "Youth services program" means a residential program operated by the Division of Youth Services of the Department of Human Services or its contractor for the purpose of detaining, housing, and treating persons committed to the Division of Youth Services. (B) A person committed to the Division of Youth Services and placed in a youth services program is in the custody of the youth services program while attending or participating in any activity conducted or arranged by the youth services program, regardless of the physical location of the activity. Amended by Act 2019, No. 315,§ 150, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 675, eff. 7/1/2019. Acts 1975, No. 280, § 2801; 1977, No. 360, § 13; A.S.A. 1947, § 41-2801; Acts 1988 (4th Ex. Sess.), No. 8, § 1; 1988 (4th Ex. Sess.), No. 23, § 1; 1997, No. 1229, §§ 1, 2; 1997, No. 1299, §§ 1, 2; 2005, No. 1994, § 253.

As used in this subchapter:

(1) "Arkansas State Hospital" includes any subdivision or facility of the Arkansas State Hospital and any other hospital established by law or legally designated for similar purposes;

(2) (A) "Correctional facility" means any place used for the confinement of persons charged with or convicted of an offense or otherwise confined under a court order. (B) "Correctional facility" does not include youth services programs and applies to the Arkansas State Hospital only as to persons detained there charged with or convicted of an offense;

(A) "Correctional facility" means any place used for the confinement of persons charged with or convicted of an offense or otherwise confined under a court order.

(B) "Correctional facility" does not include youth services programs and applies to the Arkansas State Hospital only as to persons detained there charged with or convicted of an offense;

(3) (A) "Custody" means actual or constructive restraint by a law enforcement officer pursuant to an arrest or a court order. (B) "Custody" does not include detention in a correctional facility, youth services program, or the Arkansas State Hospital;

(A) "Custody" means actual or constructive restraint by a law enforcement officer pursuant to an arrest or a court order.

(B) "Custody" does not include detention in a correctional facility, youth services program, or the Arkansas State Hospital;

(4) "Deadly physical force" means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury;

(5) "Escape" means the unauthorized departure of a person from custody or a correctional facility;

(6) "Governmental function" means any activity that a public servant is legally authorized to undertake on behalf of any governmental unit he or she serves;

(7) "Implement for escape" means any weapon, tool, or other thing that may be useful for escape;

(8) "Implement for unauthorized departure" means any weapon, tool, or other thing that may be useful for unauthorized departure;

(9) "Juvenile detention facility" means any facility for the temporary care of juveniles alleged to be delinquent, or adjudicated delinquent and awaiting disposition, who require secure custody in a physically restricting facility designed and operated with all entrances and exits under the exclusive control of the facility's staff, so that a juvenile may not leave the facility unsupervised or without permission;

(10) "Physical force" means any bodily impact, restraint, or confinement or the threat of bodily impact, restraint, or confinement;

(11) "Prohibited article" means: (A) An intoxicating beverage other than sacramental wine labeled as sacramental wine and supplied by a religious official who supplies the sacramental wine to an inmate in the Division of Correction or Division of Community Correction for the sole purpose of an approved religious service, pursuant to rules promulgated by the Board of Corrections; (B) A controlled substance, as defined by §§ 5-64-101 et seq. - 5-64-601 et seq., not prescribed by a physician for the benefit of the person to whom it is delivered; (C) A weapon, including a firearm or anything manifestly designed, made, adapted, or capable of being adapted to inflict physical injury, and anything that in the manner of its use or intended use is capable of causing physical injury; or (D) Anything furnished an inmate in a correctional facility, the Arkansas State Hospital, or juvenile training school without authorization of a person charged with the duty of maintaining the safety or security of the institution or any person confined in the institution;

(A) An intoxicating beverage other than sacramental wine labeled as sacramental wine and supplied by a religious official who supplies the sacramental wine to an inmate in the Division of Correction or Division of Community Correction for the sole purpose of an approved religious service, pursuant to rules promulgated by the Board of Corrections;

(B) A controlled substance, as defined by §§ 5-64-101 et seq. - 5-64-601 et seq., not prescribed by a physician for the benefit of the person to whom it is delivered;

(C) A weapon, including a firearm or anything manifestly designed, made, adapted, or capable of being adapted to inflict physical injury, and anything that in the manner of its use or intended use is capable of causing physical injury; or

(D) Anything furnished an inmate in a correctional facility, the Arkansas State Hospital, or juvenile training school without authorization of a person charged with the duty of maintaining the safety or security of the institution or any person confined in the institution;

(12) "Public record" includes all official books, papers, exhibits, or records of any type required by law to be created by or received and retained in any governmental office or agency, affording notice or information to the public or constituting a memorial of an act or transaction of a public office or public servant; and

(13) (A) "Youth services program" means a residential program operated by the Division of Youth Services of the Department of Human Services or its contractor for the purpose of detaining, housing, and treating persons committed to the Division of Youth Services. (B) A person committed to the Division of Youth Services and placed in a youth services program is in the custody of the youth services program while attending or participating in any activity conducted or arranged by the youth services program, regardless of the physical location of the activity.

(A) "Youth services program" means a residential program operated by the Division of Youth Services of the Department of Human Services or its contractor for the purpose of detaining, housing, and treating persons committed to the Division of Youth Services.

(B) A person committed to the Division of Youth Services and placed in a youth services program is in the custody of the youth services program while attending or participating in any activity conducted or arranged by the youth services program, regardless of the physical location of the activity.

Amended by Act 2019, No. 315,§ 150, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 675, eff. 7/1/2019.

Acts 1975, No. 280, § 2801; 1977, No. 360, § 13; A.S.A. 1947, § 41-2801; Acts 1988 (4th Ex. Sess.), No. 8, § 1; 1988 (4th Ex. Sess.), No. 23, § 1; 1997, No. 1229, §§ 1, 2; 1997, No. 1299, §§ 1, 2; 2005, No. 1994, § 253.
Ark. Code Ann. § 5-26-415 — AR Code / Title 5 / Chapter 26 / Subchapter 4 / Section 5-26-415
Times when periodic payments may be authorized
Status: in_force

The original trial court may issue the order provided in § 5-26-414 : (1) Before the trial, with the consent of the defendant; (2) At the trial, on entry of plea of guilty; or (3) After conviction, in lieu of a penalty provided in § 5-26-401 or in addition to a penalty provided in § 5-26-401 . Acts 1951, No. 67, § 8; 1953, No. 242, § 8; A.S.A. 1947, § 41-2455; Acts 2007, No. 827, § 32.

The original trial court may issue the order provided in § 5-26-414 :

(1) Before the trial, with the consent of the defendant;

(2) At the trial, on entry of plea of guilty; or

(3) After conviction, in lieu of a penalty provided in § 5-26-401 or in addition to a penalty provided in § 5-26-401 .

Acts 1951, No. 67, § 8; 1953, No. 242, § 8; A.S.A. 1947, § 41-2455; Acts 2007, No. 827, § 32.
Ark. Code Ann. § 5-37-401 — AR Code / Title 5 / Chapter 37 / Subchapter 4 / Section 5-37-401
Definitions
Status: in_force

As used in this subchapter: (1) "Communication device" means: (A) Any type of electronic mechanism, transmission line or connection and an appurtenance to a transmission line or connection, instrument, device, machine, equipment, technology, or software that is capable of intercepting, transmitting, retransmitting, acquiring, decrypting, or receiving any communication service or functionality, including the receipt, acquisition, interception, transmission, retransmission, or decryption of communication service provided by or through any cable television, fiber optic, telephone, satellite, microwave, data transmission, radio, Internet-based, or wireless distribution network, system, or facility; and (B) Any component of the communication device, including any electronic serial number, mobile identification number, personal identification number, computer circuit, splitter, connectors, switches, transmission hardware, security module, smart card, software, computer chip, or electronic mechanism or any component, accessory, or part of any communication device that is capable of facilitating the interception, transmission, retransmission, decryption, acquisition, or reception of any communication service or functionality; (2) "Communication service" means: (A) Any service lawfully provided for a charge or compensation to facilitate the lawful origination, transmission, emission, or reception of a sign, signal, data, writing, image, sound, or intelligence of any nature by telephone, including a cellular or other wireless telephone, wire, wireless, radio, electromagnetic, photoelectronic, or photo optical system, network, or facility; and (B) Any service lawfully provided for a charge or compensation by any cable television, radio, fiber optic, photo optical, electromagnetic, photoelectric, photoelectronic, satellite, microwave, data transmission, wireless, or Internet-based distribution system, network, or facility, including, but not limited to, any electronic, data, video, audio, Internet access, telephonic, microwave, or radio communication, transmission, signal, or service and any communication, transmission, signal, or services lawfully provided, directly or indirectly, by or through any system, network, or facility described in this subdivision (2)(B); (3) "Communication service provider" means any person or entity: (A) Owning or operating any cable television, fiber optic, photo optical, electromagnetic, photoelectric, photoelectronic, satellite, Internet-based, telephone, wireless, microwave, data transmission, or radio distribution system, network, or facility; (B) Providing a communication service, whether directly or indirectly as a reseller, including, but not limited to, a cellular, paging, or other wireless communications company, or other person or entity that for a fee supplies the facility, cell site, mobile telephone switching office, or other equipment or communication service; and (C) Providing any communication service, directly or indirectly, by or through any distribution system, network, or facility described in this subdivision (3); (4) "Manufacture, assembly, or development of a communication device" means to make, produce, develop, or assemble a communication device, or to knowingly assist another to make, produce, develop, or assemble a communication device; (5) "Manufacture, assembly, or development of an unlawful access device" means to make, develop, produce, or assemble an unlawful access device or to modify, alter, program, or reprogram any instrument, device, machine, equipment, technology, or software for the purpose of defeating or circumventing any effective technology, device, or software used by the provider, owner, or licensee of a communication service, or of any data, audio, or video program or transmission, to protect any such communication, data, audio, or video service, program, or transmission from unauthorized receipt, interception, acquisition, access, decryption, disclosure, communication, transmission, or retransmission, or to knowingly assist another in an activity described in this subdivision (5); (6) "Multipurpose device" means any communication device that is capable of more than one (1) function and includes any component of the communication device; and (7) "Unlawful access device" means any type of instrument, device, machine, equipment, technology, or software that is primarily designed, developed, assembled, manufactured, sold, distributed, possessed, used, offered, promoted, or advertised for the purpose of defeating or circumventing any effective technology, device, or software, or any component or part of an effective technology, device, or software used by the provider, owner, or licensee of any communication service or of any data, audio, or video program or transmission, to protect any communication, data, audio, or video service, program, or transmission from unauthorized receipt, acquisition, interception, access, decryption, disclosure, communication, transmission, or retransmission. Acts 1985, No. 781, § 1; A.S.A. 1947, § 41-2210; Acts 2003, No. 1806, § 1.

As used in this subchapter:

(1) "Communication device" means: (A) Any type of electronic mechanism, transmission line or connection and an appurtenance to a transmission line or connection, instrument, device, machine, equipment, technology, or software that is capable of intercepting, transmitting, retransmitting, acquiring, decrypting, or receiving any communication service or functionality, including the receipt, acquisition, interception, transmission, retransmission, or decryption of communication service provided by or through any cable television, fiber optic, telephone, satellite, microwave, data transmission, radio, Internet-based, or wireless distribution network, system, or facility; and (B) Any component of the communication device, including any electronic serial number, mobile identification number, personal identification number, computer circuit, splitter, connectors, switches, transmission hardware, security module, smart card, software, computer chip, or electronic mechanism or any component, accessory, or part of any communication device that is capable of facilitating the interception, transmission, retransmission, decryption, acquisition, or reception of any communication service or functionality;

(A) Any type of electronic mechanism, transmission line or connection and an appurtenance to a transmission line or connection, instrument, device, machine, equipment, technology, or software that is capable of intercepting, transmitting, retransmitting, acquiring, decrypting, or receiving any communication service or functionality, including the receipt, acquisition, interception, transmission, retransmission, or decryption of communication service provided by or through any cable television, fiber optic, telephone, satellite, microwave, data transmission, radio, Internet-based, or wireless distribution network, system, or facility; and

(B) Any component of the communication device, including any electronic serial number, mobile identification number, personal identification number, computer circuit, splitter, connectors, switches, transmission hardware, security module, smart card, software, computer chip, or electronic mechanism or any component, accessory, or part of any communication device that is capable of facilitating the interception, transmission, retransmission, decryption, acquisition, or reception of any communication service or functionality;

(2) "Communication service" means: (A) Any service lawfully provided for a charge or compensation to facilitate the lawful origination, transmission, emission, or reception of a sign, signal, data, writing, image, sound, or intelligence of any nature by telephone, including a cellular or other wireless telephone, wire, wireless, radio, electromagnetic, photoelectronic, or photo optical system, network, or facility; and (B) Any service lawfully provided for a charge or compensation by any cable television, radio, fiber optic, photo optical, electromagnetic, photoelectric, photoelectronic, satellite, microwave, data transmission, wireless, or Internet-based distribution system, network, or facility, including, but not limited to, any electronic, data, video, audio, Internet access, telephonic, microwave, or radio communication, transmission, signal, or service and any communication, transmission, signal, or services lawfully provided, directly or indirectly, by or through any system, network, or facility described in this subdivision (2)(B);

(A) Any service lawfully provided for a charge or compensation to facilitate the lawful origination, transmission, emission, or reception of a sign, signal, data, writing, image, sound, or intelligence of any nature by telephone, including a cellular or other wireless telephone, wire, wireless, radio, electromagnetic, photoelectronic, or photo optical system, network, or facility; and

(B) Any service lawfully provided for a charge or compensation by any cable television, radio, fiber optic, photo optical, electromagnetic, photoelectric, photoelectronic, satellite, microwave, data transmission, wireless, or Internet-based distribution system, network, or facility, including, but not limited to, any electronic, data, video, audio, Internet access, telephonic, microwave, or radio communication, transmission, signal, or service and any communication, transmission, signal, or services lawfully provided, directly or indirectly, by or through any system, network, or facility described in this subdivision (2)(B);

(3) "Communication service provider" means any person or entity: (A) Owning or operating any cable television, fiber optic, photo optical, electromagnetic, photoelectric, photoelectronic, satellite, Internet-based, telephone, wireless, microwave, data transmission, or radio distribution system, network, or facility; (B) Providing a communication service, whether directly or indirectly as a reseller, including, but not limited to, a cellular, paging, or other wireless communications company, or other person or entity that for a fee supplies the facility, cell site, mobile telephone switching office, or other equipment or communication service; and (C) Providing any communication service, directly or indirectly, by or through any distribution system, network, or facility described in this subdivision (3);

(A) Owning or operating any cable television, fiber optic, photo optical, electromagnetic, photoelectric, photoelectronic, satellite, Internet-based, telephone, wireless, microwave, data transmission, or radio distribution system, network, or facility;

(B) Providing a communication service, whether directly or indirectly as a reseller, including, but not limited to, a cellular, paging, or other wireless communications company, or other person or entity that for a fee supplies the facility, cell site, mobile telephone switching office, or other equipment or communication service; and

(C) Providing any communication service, directly or indirectly, by or through any distribution system, network, or facility described in this subdivision (3);

(4) "Manufacture, assembly, or development of a communication device" means to make, produce, develop, or assemble a communication device, or to knowingly assist another to make, produce, develop, or assemble a communication device;

(5) "Manufacture, assembly, or development of an unlawful access device" means to make, develop, produce, or assemble an unlawful access device or to modify, alter, program, or reprogram any instrument, device, machine, equipment, technology, or software for the purpose of defeating or circumventing any effective technology, device, or software used by the provider, owner, or licensee of a communication service, or of any data, audio, or video program or transmission, to protect any such communication, data, audio, or video service, program, or transmission from unauthorized receipt, interception, acquisition, access, decryption, disclosure, communication, transmission, or retransmission, or to knowingly assist another in an activity described in this subdivision (5);

(6) "Multipurpose device" means any communication device that is capable of more than one (1) function and includes any component of the communication device; and

(7) "Unlawful access device" means any type of instrument, device, machine, equipment, technology, or software that is primarily designed, developed, assembled, manufactured, sold, distributed, possessed, used, offered, promoted, or advertised for the purpose of defeating or circumventing any effective technology, device, or software, or any component or part of an effective technology, device, or software used by the provider, owner, or licensee of any communication service or of any data, audio, or video program or transmission, to protect any communication, data, audio, or video service, program, or transmission from unauthorized receipt, acquisition, interception, access, decryption, disclosure, communication, transmission, or retransmission.

Acts 1985, No. 781, § 1; A.S.A. 1947, § 41-2210; Acts 2003, No. 1806, § 1.
Ark. Code Ann. § 5-10-104 — AR Code / Title 5 / Chapter 10 / Section 5-10-104
Manslaughter
Status: in_force

(a) A person commits manslaughter if: (1) (A) The person causes the death of another person under circumstances that would be murder, except that he or she causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse. (B) The reasonableness of the excuse is determined from the viewpoint of a person in the actor's situation under the circumstances as the actor believed them to be; (2) The person purposely causes or aids another person to commit suicide; (3) The person recklessly causes the death of another person; or (4) Acting alone or with one (1) or more persons: (A) The person commits or attempts to commit a felony; and (B) In the course of and in furtherance of the felony or in immediate flight from the felony: (i) The person or an accomplice negligently causes the death of any person; or (ii) Another person who is resisting the felony or flight causes the death of any person. (b) It is an affirmative defense to any prosecution under subdivision (a)(4) of this section for an offense in which the defendant was not the only participant that the defendant: (1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission; (2) Was not armed with a deadly weapon; (3) Reasonably believed that no other participant was armed with a deadly weapon; and (4) Reasonably believed that no other participant intended to engage in conduct which could result in death or serious physical injury. (c) Manslaughter is a Class B felony. Amended by Act 2023, No. 659,§ 28, eff. 1/1/2024. Acts 1975, No. 280, § 1504; A.S.A. 1947, § 41-1504; Acts 2007, No. 827, § 21.

(a) A person commits manslaughter if: (1) (A) The person causes the death of another person under circumstances that would be murder, except that he or she causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse. (B) The reasonableness of the excuse is determined from the viewpoint of a person in the actor's situation under the circumstances as the actor believed them to be; (2) The person purposely causes or aids another person to commit suicide; (3) The person recklessly causes the death of another person; or (4) Acting alone or with one (1) or more persons: (A) The person commits or attempts to commit a felony; and (B) In the course of and in furtherance of the felony or in immediate flight from the felony: (i) The person or an accomplice negligently causes the death of any person; or (ii) Another person who is resisting the felony or flight causes the death of any person.

(1) (A) The person causes the death of another person under circumstances that would be murder, except that he or she causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse. (B) The reasonableness of the excuse is determined from the viewpoint of a person in the actor's situation under the circumstances as the actor believed them to be;

(A) The person causes the death of another person under circumstances that would be murder, except that he or she causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse.

(B) The reasonableness of the excuse is determined from the viewpoint of a person in the actor's situation under the circumstances as the actor believed them to be;

(2) The person purposely causes or aids another person to commit suicide;

(3) The person recklessly causes the death of another person; or

(4) Acting alone or with one (1) or more persons: (A) The person commits or attempts to commit a felony; and (B) In the course of and in furtherance of the felony or in immediate flight from the felony: (i) The person or an accomplice negligently causes the death of any person; or (ii) Another person who is resisting the felony or flight causes the death of any person.

(A) The person commits or attempts to commit a felony; and

(B) In the course of and in furtherance of the felony or in immediate flight from the felony: (i) The person or an accomplice negligently causes the death of any person; or (ii) Another person who is resisting the felony or flight causes the death of any person.

(i) The person or an accomplice negligently causes the death of any person; or

(ii) Another person who is resisting the felony or flight causes the death of any person.

(b) It is an affirmative defense to any prosecution under subdivision (a)(4) of this section for an offense in which the defendant was not the only participant that the defendant: (1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission; (2) Was not armed with a deadly weapon; (3) Reasonably believed that no other participant was armed with a deadly weapon; and (4) Reasonably believed that no other participant intended to engage in conduct which could result in death or serious physical injury.

(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission;

(2) Was not armed with a deadly weapon;

(3) Reasonably believed that no other participant was armed with a deadly weapon; and

(4) Reasonably believed that no other participant intended to engage in conduct which could result in death or serious physical injury.

(c) Manslaughter is a Class B felony.

Amended by Act 2023, No. 659,§ 28, eff. 1/1/2024.

Acts 1975, No. 280, § 1504; A.S.A. 1947, § 41-1504; Acts 2007, No. 827, § 21.
Ark. Code Ann. § 5-64-1103 — AR Code / Title 5 / Chapter 64 / Subchapter 11 / Section 5-64-1103
Sales limits
Status: in_force

(a) It is unlawful for any person, other than a person or entity described in § 5-64-1101(a)(3) and (4) , to knowingly sell, transfer, or otherwise furnish in a single transaction a product containing ephedrine, pseudoephedrine, or phenylpropanolamine except in a licensed pharmacy by a licensed pharmacist or a registered pharmacy technician. (b) Unless the product has been rescheduled pursuant to § 5-64-212(c) , this section does not apply to a retail distributor sale for personal use of a product: (1) That the Department of Health, in collaboration with the Arkansas State Board of Pharmacy, upon application of a manufacturer, exempts by rule from this section because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors; or (2) Containing ephedrine or pseudoephedrine in liquid, liquid capsule, or liquid gel capsule form if the drug is dispensed, sold, transferred, or otherwise furnished in a single transaction limited to no more than three (3) packages, with any single package containing not more than ninety-six (96) liquid capsules or liquid gel capsules or not more than three grams (3g) of ephedrine or pseudoephedrine base. (c) (1) (A) Except under a valid prescription, before dispensing a product containing ephedrine, pseudoephedrine, or phenylpropanolamine that is not exempt under subdivision (b)(1) or subdivision (b)(2) of this section, a pharmacist shall make a professional determination as to whether or not there is a legitimate medical and pharmaceutical need for the product containing ephedrine, pseudoephedrine, or phenylpropanolamine. (B) The determination under subdivision (c)(1)(A) of this section may be based on factors, including without limitation: (i) Prior medication-filling history; (ii) Patient screening; and (iii) Other tools that provide professional reassurance to the pharmacist that a legitimate medical and pharmaceutical need exists. (2) The board may: (A) Adopt rules regarding determinations made under subdivision (c)(1) of this section; (B) Review determinations made under subdivision (c)(1) of this section; and (C) Take appropriate disciplinary action as required. (3) This subsection does not prohibit a pharmacist from dispensing a product containing ephedrine, pseudoephedrine, or phenylpropanolamine to a person who: (A) Has not utilized the services of the pharmacist frequently; or (B) Has not established a pharmacist-patient relationship with the pharmacist before the instance of dispensing. (d) Except under a valid prescription, it is unlawful for a licensed pharmacist to dispense or a registered pharmacy technician to knowingly sell, transfer, or otherwise furnish in a single transaction: (1) More than three (3) packages of one (1) or more products that contain ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers; (2) Any single package of any product that contains ephedrine, pseudoephedrine, or phenylpropanolamine, that contains more than ninety-six (96) pills, tablets, gelcaps, capsules, or other individual units or more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, or a combination of any of these substances, whichever is smaller; (3) Any product containing ephedrine, pseudoephedrine, or phenylpropanolamine, unless: (A) The product is sold in a package size of not more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine base and is packaged in a blister pack, each blister containing not more than two (2) dosage units; (B) When the use of a blister pack is technically infeasible, that is packaged in a unit dose packet or pouch; or (C) In the case of a liquid, the drug is sold in a package size of not more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine base; or (4) (A) Any product containing ephedrine, pseudoephedrine, or phenylpropanolamine to any person under eighteen (18) years of age, unless the person is purchasing an exempt product under subdivision (b)(1) or subdivision (b)(2) of this section. (B) The person making the sale shall require proof of age from the purchaser. (e) (1) (A) A person who violates subsection (a) or subsection (d) of this section for a first or second offense upon conviction is guilty of a Class A misdemeanor and also may be subject to a civil fine not to exceed five thousand dollars ($5,000). (B) A person who violates subsection (a) or subsection (d) of this section for a third offense upon conviction is guilty of a Class D felony and also may be subject to a civil fine not to exceed five thousand dollars ($5,000). (C) A person who violates subsection (a) or subsection (d) of this section for a fourth or subsequent offense upon conviction is guilty of a Class C felony and also may be subject to a civil fine not to exceed ten thousand dollars ($10,000). (2) A plea of guilty or nolo contendere to or a finding of guilt under a penal law of the United States or another state that is equivalent to subsection (a) or subsection (d) of this section is considered a previous offense for purposes of this subsection. (3) (A) The prosecuting attorney may waive any civil penalty under this section if a person establishes that he or she acted in good faith to prevent a violation of this section, and the violation occurred despite the exercise of due diligence. (B) In making this determination, the prosecuting attorney may consider evidence that an employer trained employees how to sell, transfer, or otherwise furnish substances specified in this subchapter in accordance with applicable laws. (f) (1) (A) It is unlawful for any person, other than a person or entity described in § 5-64-1101(a) , to knowingly purchase, acquire, or otherwise receive in a single transaction: (i) More than three (3) packages of one (1) or more products that the person knows to contain ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers; or (ii) Any single package of any product that the person knows to contain ephedrine, pseudoephedrine, or phenylpropanolamine, that contains more than ninety-six (96) pills, tablets, gelcaps, capsules, or other individual units or more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, or a combination of any of these substances, whichever is smaller. (B) It is unlawful for any person, other than a person or entity described in § 5-64-1101(a) , to knowingly purchase, acquire, or otherwise receive more than five grams (5g) of ephedrine or nine grams (9g) of pseudoephedrine or phenylpropanolamine within any thirty-day period. (2) (A) A person who violates subdivision (f)(1)(A) or subdivision (f)(1)(B) of this section for a first or second offense upon conviction is guilty of a Class A misdemeanor. (B) A person who violates subdivision (f)(1)(A) or subdivision (f)(1)(B) of this section for a third offense upon conviction is guilty of a Class D felony. (C) A person who violates subdivision (f)(1)(A) or subdivision (f)(1)(B) of this section for a fourth or subsequent offense upon conviction is guilty of a Class C felony. (3) A plea of guilty or nolo contendere to or a finding of guilt under a penal law of the United States or another state that is equivalent to subdivision (f)(1)(A) or subdivision (f)(1)(B) of this section is considered a previous offense for the purposes of this subsection. (g) This section does not prohibit a person under eighteen (18) years of age from possessing and selling a product described in subsections (a) and (b) of this section as an agent of the minor's employer acting within the scope of the minor's employment. Amended by Act 2015, No. 940,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 940,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1125,§ 15, eff. 8/16/2013. Acts 2001, No. 1209, § 5; 2003, No. 277, §§ 1, 2; 2005, No. 256, § 6; 2007, No. 508, § 2; 2007, No. 827, §§ 68, 70; 2009, No. 712, §§ 1, 2; 2011, No. 588, §§ 2, 3.

(a) It is unlawful for any person, other than a person or entity described in § 5-64-1101(a)(3) and (4) , to knowingly sell, transfer, or otherwise furnish in a single transaction a product containing ephedrine, pseudoephedrine, or phenylpropanolamine except in a licensed pharmacy by a licensed pharmacist or a registered pharmacy technician.

(b) Unless the product has been rescheduled pursuant to § 5-64-212(c) , this section does not apply to a retail distributor sale for personal use of a product: (1) That the Department of Health, in collaboration with the Arkansas State Board of Pharmacy, upon application of a manufacturer, exempts by rule from this section because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors; or (2) Containing ephedrine or pseudoephedrine in liquid, liquid capsule, or liquid gel capsule form if the drug is dispensed, sold, transferred, or otherwise furnished in a single transaction limited to no more than three (3) packages, with any single package containing not more than ninety-six (96) liquid capsules or liquid gel capsules or not more than three grams (3g) of ephedrine or pseudoephedrine base.

(1) That the Department of Health, in collaboration with the Arkansas State Board of Pharmacy, upon application of a manufacturer, exempts by rule from this section because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors; or

(2) Containing ephedrine or pseudoephedrine in liquid, liquid capsule, or liquid gel capsule form if the drug is dispensed, sold, transferred, or otherwise furnished in a single transaction limited to no more than three (3) packages, with any single package containing not more than ninety-six (96) liquid capsules or liquid gel capsules or not more than three grams (3g) of ephedrine or pseudoephedrine base.

(c) (1) (A) Except under a valid prescription, before dispensing a product containing ephedrine, pseudoephedrine, or phenylpropanolamine that is not exempt under subdivision (b)(1) or subdivision (b)(2) of this section, a pharmacist shall make a professional determination as to whether or not there is a legitimate medical and pharmaceutical need for the product containing ephedrine, pseudoephedrine, or phenylpropanolamine. (B) The determination under subdivision (c)(1)(A) of this section may be based on factors, including without limitation: (i) Prior medication-filling history; (ii) Patient screening; and (iii) Other tools that provide professional reassurance to the pharmacist that a legitimate medical and pharmaceutical need exists. (2) The board may: (A) Adopt rules regarding determinations made under subdivision (c)(1) of this section; (B) Review determinations made under subdivision (c)(1) of this section; and (C) Take appropriate disciplinary action as required. (3) This subsection does not prohibit a pharmacist from dispensing a product containing ephedrine, pseudoephedrine, or phenylpropanolamine to a person who: (A) Has not utilized the services of the pharmacist frequently; or (B) Has not established a pharmacist-patient relationship with the pharmacist before the instance of dispensing.

(1) (A) Except under a valid prescription, before dispensing a product containing ephedrine, pseudoephedrine, or phenylpropanolamine that is not exempt under subdivision (b)(1) or subdivision (b)(2) of this section, a pharmacist shall make a professional determination as to whether or not there is a legitimate medical and pharmaceutical need for the product containing ephedrine, pseudoephedrine, or phenylpropanolamine. (B) The determination under subdivision (c)(1)(A) of this section may be based on factors, including without limitation: (i) Prior medication-filling history; (ii) Patient screening; and (iii) Other tools that provide professional reassurance to the pharmacist that a legitimate medical and pharmaceutical need exists.

(A) Except under a valid prescription, before dispensing a product containing ephedrine, pseudoephedrine, or phenylpropanolamine that is not exempt under subdivision (b)(1) or subdivision (b)(2) of this section, a pharmacist shall make a professional determination as to whether or not there is a legitimate medical and pharmaceutical need for the product containing ephedrine, pseudoephedrine, or phenylpropanolamine.

(B) The determination under subdivision (c)(1)(A) of this section may be based on factors, including without limitation: (i) Prior medication-filling history; (ii) Patient screening; and (iii) Other tools that provide professional reassurance to the pharmacist that a legitimate medical and pharmaceutical need exists.

(i) Prior medication-filling history;

(ii) Patient screening; and

(iii) Other tools that provide professional reassurance to the pharmacist that a legitimate medical and pharmaceutical need exists.

(2) The board may: (A) Adopt rules regarding determinations made under subdivision (c)(1) of this section; (B) Review determinations made under subdivision (c)(1) of this section; and (C) Take appropriate disciplinary action as required.

(A) Adopt rules regarding determinations made under subdivision (c)(1) of this section;

(B) Review determinations made under subdivision (c)(1) of this section; and

(C) Take appropriate disciplinary action as required.

(3) This subsection does not prohibit a pharmacist from dispensing a product containing ephedrine, pseudoephedrine, or phenylpropanolamine to a person who: (A) Has not utilized the services of the pharmacist frequently; or (B) Has not established a pharmacist-patient relationship with the pharmacist before the instance of dispensing.

(A) Has not utilized the services of the pharmacist frequently; or

(B) Has not established a pharmacist-patient relationship with the pharmacist before the instance of dispensing.

(d) Except under a valid prescription, it is unlawful for a licensed pharmacist to dispense or a registered pharmacy technician to knowingly sell, transfer, or otherwise furnish in a single transaction: (1) More than three (3) packages of one (1) or more products that contain ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers; (2) Any single package of any product that contains ephedrine, pseudoephedrine, or phenylpropanolamine, that contains more than ninety-six (96) pills, tablets, gelcaps, capsules, or other individual units or more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, or a combination of any of these substances, whichever is smaller; (3) Any product containing ephedrine, pseudoephedrine, or phenylpropanolamine, unless: (A) The product is sold in a package size of not more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine base and is packaged in a blister pack, each blister containing not more than two (2) dosage units; (B) When the use of a blister pack is technically infeasible, that is packaged in a unit dose packet or pouch; or (C) In the case of a liquid, the drug is sold in a package size of not more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine base; or (4) (A) Any product containing ephedrine, pseudoephedrine, or phenylpropanolamine to any person under eighteen (18) years of age, unless the person is purchasing an exempt product under subdivision (b)(1) or subdivision (b)(2) of this section. (B) The person making the sale shall require proof of age from the purchaser.

(1) More than three (3) packages of one (1) or more products that contain ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers;

(2) Any single package of any product that contains ephedrine, pseudoephedrine, or phenylpropanolamine, that contains more than ninety-six (96) pills, tablets, gelcaps, capsules, or other individual units or more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, or a combination of any of these substances, whichever is smaller;

(3) Any product containing ephedrine, pseudoephedrine, or phenylpropanolamine, unless: (A) The product is sold in a package size of not more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine base and is packaged in a blister pack, each blister containing not more than two (2) dosage units; (B) When the use of a blister pack is technically infeasible, that is packaged in a unit dose packet or pouch; or (C) In the case of a liquid, the drug is sold in a package size of not more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine base; or

(A) The product is sold in a package size of not more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine base and is packaged in a blister pack, each blister containing not more than two (2) dosage units;

(B) When the use of a blister pack is technically infeasible, that is packaged in a unit dose packet or pouch; or

(C) In the case of a liquid, the drug is sold in a package size of not more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine base; or

(4) (A) Any product containing ephedrine, pseudoephedrine, or phenylpropanolamine to any person under eighteen (18) years of age, unless the person is purchasing an exempt product under subdivision (b)(1) or subdivision (b)(2) of this section. (B) The person making the sale shall require proof of age from the purchaser.

(A) Any product containing ephedrine, pseudoephedrine, or phenylpropanolamine to any person under eighteen (18) years of age, unless the person is purchasing an exempt product under subdivision (b)(1) or subdivision (b)(2) of this section.

(B) The person making the sale shall require proof of age from the purchaser.

(e) (1) (A) A person who violates subsection (a) or subsection (d) of this section for a first or second offense upon conviction is guilty of a Class A misdemeanor and also may be subject to a civil fine not to exceed five thousand dollars ($5,000). (B) A person who violates subsection (a) or subsection (d) of this section for a third offense upon conviction is guilty of a Class D felony and also may be subject to a civil fine not to exceed five thousand dollars ($5,000). (C) A person who violates subsection (a) or subsection (d) of this section for a fourth or subsequent offense upon conviction is guilty of a Class C felony and also may be subject to a civil fine not to exceed ten thousand dollars ($10,000). (2) A plea of guilty or nolo contendere to or a finding of guilt under a penal law of the United States or another state that is equivalent to subsection (a) or subsection (d) of this section is considered a previous offense for purposes of this subsection. (3) (A) The prosecuting attorney may waive any civil penalty under this section if a person establishes that he or she acted in good faith to prevent a violation of this section, and the violation occurred despite the exercise of due diligence. (B) In making this determination, the prosecuting attorney may consider evidence that an employer trained employees how to sell, transfer, or otherwise furnish substances specified in this subchapter in accordance with applicable laws.

(1) (A) A person who violates subsection (a) or subsection (d) of this section for a first or second offense upon conviction is guilty of a Class A misdemeanor and also may be subject to a civil fine not to exceed five thousand dollars ($5,000). (B) A person who violates subsection (a) or subsection (d) of this section for a third offense upon conviction is guilty of a Class D felony and also may be subject to a civil fine not to exceed five thousand dollars ($5,000). (C) A person who violates subsection (a) or subsection (d) of this section for a fourth or subsequent offense upon conviction is guilty of a Class C felony and also may be subject to a civil fine not to exceed ten thousand dollars ($10,000).

(A) A person who violates subsection (a) or subsection (d) of this section for a first or second offense upon conviction is guilty of a Class A misdemeanor and also may be subject to a civil fine not to exceed five thousand dollars ($5,000).

(B) A person who violates subsection (a) or subsection (d) of this section for a third offense upon conviction is guilty of a Class D felony and also may be subject to a civil fine not to exceed five thousand dollars ($5,000).

(C) A person who violates subsection (a) or subsection (d) of this section for a fourth or subsequent offense upon conviction is guilty of a Class C felony and also may be subject to a civil fine not to exceed ten thousand dollars ($10,000).

(2) A plea of guilty or nolo contendere to or a finding of guilt under a penal law of the United States or another state that is equivalent to subsection (a) or subsection (d) of this section is considered a previous offense for purposes of this subsection.

(3) (A) The prosecuting attorney may waive any civil penalty under this section if a person establishes that he or she acted in good faith to prevent a violation of this section, and the violation occurred despite the exercise of due diligence. (B) In making this determination, the prosecuting attorney may consider evidence that an employer trained employees how to sell, transfer, or otherwise furnish substances specified in this subchapter in accordance with applicable laws.

(A) The prosecuting attorney may waive any civil penalty under this section if a person establishes that he or she acted in good faith to prevent a violation of this section, and the violation occurred despite the exercise of due diligence.

(B) In making this determination, the prosecuting attorney may consider evidence that an employer trained employees how to sell, transfer, or otherwise furnish substances specified in this subchapter in accordance with applicable laws.

(f) (1) (A) It is unlawful for any person, other than a person or entity described in § 5-64-1101(a) , to knowingly purchase, acquire, or otherwise receive in a single transaction: (i) More than three (3) packages of one (1) or more products that the person knows to contain ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers; or (ii) Any single package of any product that the person knows to contain ephedrine, pseudoephedrine, or phenylpropanolamine, that contains more than ninety-six (96) pills, tablets, gelcaps, capsules, or other individual units or more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, or a combination of any of these substances, whichever is smaller. (B) It is unlawful for any person, other than a person or entity described in § 5-64-1101(a) , to knowingly purchase, acquire, or otherwise receive more than five grams (5g) of ephedrine or nine grams (9g) of pseudoephedrine or phenylpropanolamine within any thirty-day period. (2) (A) A person who violates subdivision (f)(1)(A) or subdivision (f)(1)(B) of this section for a first or second offense upon conviction is guilty of a Class A misdemeanor. (B) A person who violates subdivision (f)(1)(A) or subdivision (f)(1)(B) of this section for a third offense upon conviction is guilty of a Class D felony. (C) A person who violates subdivision (f)(1)(A) or subdivision (f)(1)(B) of this section for a fourth or subsequent offense upon conviction is guilty of a Class C felony. (3) A plea of guilty or nolo contendere to or a finding of guilt under a penal law of the United States or another state that is equivalent to subdivision (f)(1)(A) or subdivision (f)(1)(B) of this section is considered a previous offense for the purposes of this subsection.

(1) (A) It is unlawful for any person, other than a person or entity described in § 5-64-1101(a) , to knowingly purchase, acquire, or otherwise receive in a single transaction: (i) More than three (3) packages of one (1) or more products that the person knows to contain ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers; or (ii) Any single package of any product that the person knows to contain ephedrine, pseudoephedrine, or phenylpropanolamine, that contains more than ninety-six (96) pills, tablets, gelcaps, capsules, or other individual units or more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, or a combination of any of these substances, whichever is smaller. (B) It is unlawful for any person, other than a person or entity described in § 5-64-1101(a) , to knowingly purchase, acquire, or otherwise receive more than five grams (5g) of ephedrine or nine grams (9g) of pseudoephedrine or phenylpropanolamine within any thirty-day period.

(A) It is unlawful for any person, other than a person or entity described in § 5-64-1101(a) , to knowingly purchase, acquire, or otherwise receive in a single transaction: (i) More than three (3) packages of one (1) or more products that the person knows to contain ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers; or (ii) Any single package of any product that the person knows to contain ephedrine, pseudoephedrine, or phenylpropanolamine, that contains more than ninety-six (96) pills, tablets, gelcaps, capsules, or other individual units or more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, or a combination of any of these substances, whichever is smaller.

(i) More than three (3) packages of one (1) or more products that the person knows to contain ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers; or

(ii) Any single package of any product that the person knows to contain ephedrine, pseudoephedrine, or phenylpropanolamine, that contains more than ninety-six (96) pills, tablets, gelcaps, capsules, or other individual units or more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, or a combination of any of these substances, whichever is smaller.

(B) It is unlawful for any person, other than a person or entity described in § 5-64-1101(a) , to knowingly purchase, acquire, or otherwise receive more than five grams (5g) of ephedrine or nine grams (9g) of pseudoephedrine or phenylpropanolamine within any thirty-day period.

(2) (A) A person who violates subdivision (f)(1)(A) or subdivision (f)(1)(B) of this section for a first or second offense upon conviction is guilty of a Class A misdemeanor. (B) A person who violates subdivision (f)(1)(A) or subdivision (f)(1)(B) of this section for a third offense upon conviction is guilty of a Class D felony. (C) A person who violates subdivision (f)(1)(A) or subdivision (f)(1)(B) of this section for a fourth or subsequent offense upon conviction is guilty of a Class C felony.

(A) A person who violates subdivision (f)(1)(A) or subdivision (f)(1)(B) of this section for a first or second offense upon conviction is guilty of a Class A misdemeanor.

(B) A person who violates subdivision (f)(1)(A) or subdivision (f)(1)(B) of this section for a third offense upon conviction is guilty of a Class D felony.

(C) A person who violates subdivision (f)(1)(A) or subdivision (f)(1)(B) of this section for a fourth or subsequent offense upon conviction is guilty of a Class C felony.

(3) A plea of guilty or nolo contendere to or a finding of guilt under a penal law of the United States or another state that is equivalent to subdivision (f)(1)(A) or subdivision (f)(1)(B) of this section is considered a previous offense for the purposes of this subsection.

(g) This section does not prohibit a person under eighteen (18) years of age from possessing and selling a product described in subsections (a) and (b) of this section as an agent of the minor's employer acting within the scope of the minor's employment.

Amended by Act 2015, No. 940,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 940,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1125,§ 15, eff. 8/16/2013.

Acts 2001, No. 1209, § 5; 2003, No. 277, §§ 1, 2; 2005, No. 256, § 6; 2007, No. 508, § 2; 2007, No. 827, §§ 68, 70; 2009, No. 712, §§ 1, 2; 2011, No. 588, §§ 2, 3.
Ark. Code Ann. § 5-29-205 — AR Code / Title 5 / Chapter 29 / Subchapter 2 / Section 5-29-205
Exploitation of a vulnerable person
Status: in_force

(a) A person commits exploitation of a vulnerable person if, being a healthcare provider or caregiver, he or she exploits a vulnerable person under his or her care or to whom he or she has access due to his or her position as a healthcare provider or caregiver. (b) Exploitation of a vulnerable person is a: (1) Class B felony if the value of the exploited assets is two thousand five hundred dollars ($2,500) or more; (2) Class C felony if the value of the exploited assets is more than two hundred dollars ($200) but less than two thousand five hundred dollars ($2,500); or (3) Class A misdemeanor if the value of the exploited assets is two hundred dollars ($200) or less. Added by Act 2023, No. 783,§ 1, eff. 8/1/2023.

(a) A person commits exploitation of a vulnerable person if, being a healthcare provider or caregiver, he or she exploits a vulnerable person under his or her care or to whom he or she has access due to his or her position as a healthcare provider or caregiver.

(b) Exploitation of a vulnerable person is a: (1) Class B felony if the value of the exploited assets is two thousand five hundred dollars ($2,500) or more; (2) Class C felony if the value of the exploited assets is more than two hundred dollars ($200) but less than two thousand five hundred dollars ($2,500); or (3) Class A misdemeanor if the value of the exploited assets is two hundred dollars ($200) or less.

(1) Class B felony if the value of the exploited assets is two thousand five hundred dollars ($2,500) or more;

(2) Class C felony if the value of the exploited assets is more than two hundred dollars ($200) but less than two thousand five hundred dollars ($2,500); or

(3) Class A misdemeanor if the value of the exploited assets is two hundred dollars ($200) or less.

Added by Act 2023, No. 783,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 5-65-101 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-101
Title
Status: in_force

This chapter shall be known as the "Omnibus DWI or BWI Act". Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Acts 1983, No. 549, § 1; A.S.A. 1947, § 75-2501; 2007, No. 214, § 1.

This chapter shall be known as the "Omnibus DWI or BWI Act".

Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015.

Acts 1983, No. 549, § 1; A.S.A. 1947, § 75-2501; 2007, No. 214, § 1.
Ark. Code Ann. § 5-11-105 — AR Code / Title 5 / Chapter 11 / Section 5-11-105
Vehicular piracy
Status: in_force

(a) A person commits vehicular piracy if, without lawful authority, the person seizes or exercises control, by force or threat of violence, over any: (1) Aircraft occupied by an unconsenting person; or (2) Other vehicle: (A) Having a seating capacity of more than eight (8) passengers; (B) Operated by a common carrier or contract carrier of passengers for hire; and (C) Occupied by an unconsenting person. (b) (1) Vehicular piracy of an aircraft is a Class B felony. (2) Otherwise, vehicular piracy is a Class C felony. Acts 1975, No. 280, § 1705; A.S.A. 1947, § 41-1705.

(a) A person commits vehicular piracy if, without lawful authority, the person seizes or exercises control, by force or threat of violence, over any: (1) Aircraft occupied by an unconsenting person; or (2) Other vehicle: (A) Having a seating capacity of more than eight (8) passengers; (B) Operated by a common carrier or contract carrier of passengers for hire; and (C) Occupied by an unconsenting person.

(1) Aircraft occupied by an unconsenting person; or

(2) Other vehicle: (A) Having a seating capacity of more than eight (8) passengers; (B) Operated by a common carrier or contract carrier of passengers for hire; and (C) Occupied by an unconsenting person.

(A) Having a seating capacity of more than eight (8) passengers;

(B) Operated by a common carrier or contract carrier of passengers for hire; and

(C) Occupied by an unconsenting person.

(b) (1) Vehicular piracy of an aircraft is a Class B felony. (2) Otherwise, vehicular piracy is a Class C felony.

(1) Vehicular piracy of an aircraft is a Class B felony.

(2) Otherwise, vehicular piracy is a Class C felony.

Acts 1975, No. 280, § 1705; A.S.A. 1947, § 41-1705.
Ark. Code Ann. § 5-26-307 — AR Code / Title 5 / Chapter 26 / Subchapter 3 / Section 5-26-307
First degree assault on family or household member
Status: in_force

(a) A person commits first degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of death or serious physical injury to a family or household member. (b) First degree assault on a family or household member is a Class A misdemeanor. Acts 1979, No. 396, § 5; A.S.A. 1947, § 41-1657; Acts 1995, No. 1291, § 5.

(a) A person commits first degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of death or serious physical injury to a family or household member.

(b) First degree assault on a family or household member is a Class A misdemeanor.

Acts 1979, No. 396, § 5; A.S.A. 1947, § 41-1657; Acts 1995, No. 1291, § 5.
Ark. Code Ann. § 5-36-107 — AR Code / Title 5 / Chapter 36 / Subchapter 1 / Section 5-36-107
Theft of a trade secret
Status: in_force

(a) A person commits theft of a trade secret if, with a purpose to deprive the owner of the control of a trade secret, the person: (1) Obtains or discloses to an unauthorized person a trade secret; or (2) Without authority, makes or causes to be made a copy or an article representing a trade secret. (b) Theft of a trade secret is a Class A misdemeanor. Acts 1975, No. 280, § 2207; A.S.A. 1947, § 41-2207.

(a) A person commits theft of a trade secret if, with a purpose to deprive the owner of the control of a trade secret, the person: (1) Obtains or discloses to an unauthorized person a trade secret; or (2) Without authority, makes or causes to be made a copy or an article representing a trade secret.

(1) Obtains or discloses to an unauthorized person a trade secret; or

(2) Without authority, makes or causes to be made a copy or an article representing a trade secret.

(b) Theft of a trade secret is a Class A misdemeanor.

Acts 1975, No. 280, § 2207; A.S.A. 1947, § 41-2207.
Ark. Code Ann. § 5-2-607 — AR Code / Title 5 / Chapter 2 / Subchapter 6 / Section 5-2-607
Use of deadly physical force in defense of a person
Status: in_force

(a) A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is: (1) Committing or about to commit a felony involving physical force or violence; (2) Using or about to use unlawful deadly physical force; or (3) Imminently endangering the person's life or imminently about to victimize the person from the continuation of a pattern of domestic abuse. (b) A person is not required to retreat before using deadly physical force if the person: (1) Is lawfully present at the location where deadly physical force is used; (2) Has a reasonable belief that the person against whom the deadly physical force is used is imminently threatening to cause death or serious physical injury to the person or another person; (3) Except as provided under § 5-2-606(b)(2)(B) , is not the initial aggressor and has not provoked the person against whom the deadly physical force is used; (4) Is not committing a felony offense of possession of a firearm by certain persons, § 5-73-103 , with the firearm used to employ the deadly physical force, unless the person is in or at the person's dwelling or in the curtilage surrounding the person's dwelling; (5) Is not engaged in criminal activity that gives rise to the need for the use of deadly physical force at the time the deadly physical force is used; and (6) Is not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined in § 5-74-103 . (c) As used in this section: (1) "Curtilage" means the land adjoining a dwelling that is convenient for residential purposes and habitually used for residential purposes, but not necessarily enclosed, and includes an outbuilding that is directly and intimately connected with the dwelling and in close proximity to the dwelling; and (2) "Domestic abuse" means: (A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or (B) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state. Amended by Act 2021, No. 250,§ 2, eff. 7/28/2021. Amended by Act 2015, No. 828,§ 1, eff. 7/22/2015. Acts 1975, No. 280, § 507; A.S.A. 1947, § 41-507; Acts 1997, No. 1257, § 1; 2007, No. 111, § 1; 2009, No. 748, § 2.

(a) A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is: (1) Committing or about to commit a felony involving physical force or violence; (2) Using or about to use unlawful deadly physical force; or (3) Imminently endangering the person's life or imminently about to victimize the person from the continuation of a pattern of domestic abuse.

(1) Committing or about to commit a felony involving physical force or violence;

(2) Using or about to use unlawful deadly physical force; or

(3) Imminently endangering the person's life or imminently about to victimize the person from the continuation of a pattern of domestic abuse.

(b) A person is not required to retreat before using deadly physical force if the person: (1) Is lawfully present at the location where deadly physical force is used; (2) Has a reasonable belief that the person against whom the deadly physical force is used is imminently threatening to cause death or serious physical injury to the person or another person; (3) Except as provided under § 5-2-606(b)(2)(B) , is not the initial aggressor and has not provoked the person against whom the deadly physical force is used; (4) Is not committing a felony offense of possession of a firearm by certain persons, § 5-73-103 , with the firearm used to employ the deadly physical force, unless the person is in or at the person's dwelling or in the curtilage surrounding the person's dwelling; (5) Is not engaged in criminal activity that gives rise to the need for the use of deadly physical force at the time the deadly physical force is used; and (6) Is not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined in § 5-74-103 .

(1) Is lawfully present at the location where deadly physical force is used;

(2) Has a reasonable belief that the person against whom the deadly physical force is used is imminently threatening to cause death or serious physical injury to the person or another person;

(3) Except as provided under § 5-2-606(b)(2)(B) , is not the initial aggressor and has not provoked the person against whom the deadly physical force is used;

(4) Is not committing a felony offense of possession of a firearm by certain persons, § 5-73-103 , with the firearm used to employ the deadly physical force, unless the person is in or at the person's dwelling or in the curtilage surrounding the person's dwelling;

(5) Is not engaged in criminal activity that gives rise to the need for the use of deadly physical force at the time the deadly physical force is used; and

(6) Is not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined in § 5-74-103 .

(c) As used in this section: (1) "Curtilage" means the land adjoining a dwelling that is convenient for residential purposes and habitually used for residential purposes, but not necessarily enclosed, and includes an outbuilding that is directly and intimately connected with the dwelling and in close proximity to the dwelling; and (2) "Domestic abuse" means: (A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or (B) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state.

(1) "Curtilage" means the land adjoining a dwelling that is convenient for residential purposes and habitually used for residential purposes, but not necessarily enclosed, and includes an outbuilding that is directly and intimately connected with the dwelling and in close proximity to the dwelling; and

(2) "Domestic abuse" means: (A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or (B) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state.

(A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or

(B) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state.

Amended by Act 2021, No. 250,§ 2, eff. 7/28/2021.

Amended by Act 2015, No. 828,§ 1, eff. 7/22/2015.

Acts 1975, No. 280, § 507; A.S.A. 1947, § 41-507; Acts 1997, No. 1257, § 1; 2007, No. 111, § 1; 2009, No. 748, § 2.
Ark. Code Ann. § 5-65-115 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-115
Alcohol treatment or education program - Fee
Status: in_force

(a) (1) (A) A person whose driving privileges are suspended or revoked for violating § 5-65-103 , § 5-65-303 , § 5-65-310 , or § 3-3-203 is required to complete an alcohol education program provided by a contractor with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or an alcoholism treatment program licensed by the division. (B) The Department of Human Services shall coordinate with the Department of Corrections to license Department of Corrections employees or contractors to provide the alcohol education or alcohol treatment program required under subdivision (a)(1)(A) of this section to inmates. (2) (A) The alcohol education program may collect a program fee of up to one hundred twenty-five dollars ($125) per enrollee to offset program costs. (B) (i) A person ordered to complete an alcohol education program under this section may be required to pay, in addition to the costs collected for education or treatment, a fee of up to twenty-five dollars ($25.00) to offset the additional costs associated with reporting requirements under this subchapter. (ii) The alcohol education program shall report monthly to the division all revenue derived from this fee. (b) (1) A person whose driving privilege is suspended or revoked for violating § 5-65-103 shall: (A) Both: (i) Furnish proof of attendance at and completion of the alcoholism treatment program or alcohol education program required under § 5-65-104(b)(1) before reinstatement of his or her suspended or revoked driving privilege; and (ii) Pay any fee for reinstatement required under § 5-65-119 or § 5-65-304 ; or (B) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based. (2) An application for reinstatement shall be made to the Office of Driver Services. (c) Even if a person has filed a de novo petition for review under § 5-65-402 , he or she is entitled to reinstatement of driving privileges upon complying with this section and is not required to postpone reinstatement until the disposition of the de novo review in circuit court has occurred. (d) (1) A person whose driving privilege has been suspended or revoked under this chapter may enroll in an alcohol education program prior to disposition of the case by the circuit court or district court. (2) However, the person is not entitled to a refund of a fee paid if the charges are dismissed or if the person is acquitted. (e) An alcohol education program or alcoholism treatment program operating under this chapter shall remit the fees imposed under this section to the division. Amended by Act 2023, No. 659,§ 47, eff. 1/1/2024. Amended by Act 2017, No. 913,§ 20, eff. 8/1/2017. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Amended by Act 2013, No. 1107,§ 5, eff. 8/16/2013. Amended by Act 2013, No. 1107,§ 4, eff. 8/16/2013. Acts 1983, No. 549, § 7; 1985, No. 108, § 1; A.S.A. 1947, § 75-2507; Acts 1991, No. 486, § 1; 1995, No. 172, § 1; 1995, No. 263, § 1; 1995, No. 1032, § 1; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4; 1999, No. 1077, § 13; 2003, No. 1462, § 2; 2005, No. 1768, § 3; 2007, No. 251, § 2; 2007, No. 827, § 78; 2009, No. 748, § 28.

(a) (1) (A) A person whose driving privileges are suspended or revoked for violating § 5-65-103 , § 5-65-303 , § 5-65-310 , or § 3-3-203 is required to complete an alcohol education program provided by a contractor with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or an alcoholism treatment program licensed by the division. (B) The Department of Human Services shall coordinate with the Department of Corrections to license Department of Corrections employees or contractors to provide the alcohol education or alcohol treatment program required under subdivision (a)(1)(A) of this section to inmates. (2) (A) The alcohol education program may collect a program fee of up to one hundred twenty-five dollars ($125) per enrollee to offset program costs. (B) (i) A person ordered to complete an alcohol education program under this section may be required to pay, in addition to the costs collected for education or treatment, a fee of up to twenty-five dollars ($25.00) to offset the additional costs associated with reporting requirements under this subchapter. (ii) The alcohol education program shall report monthly to the division all revenue derived from this fee.

(1) (A) A person whose driving privileges are suspended or revoked for violating § 5-65-103 , § 5-65-303 , § 5-65-310 , or § 3-3-203 is required to complete an alcohol education program provided by a contractor with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or an alcoholism treatment program licensed by the division. (B) The Department of Human Services shall coordinate with the Department of Corrections to license Department of Corrections employees or contractors to provide the alcohol education or alcohol treatment program required under subdivision (a)(1)(A) of this section to inmates.

(A) A person whose driving privileges are suspended or revoked for violating § 5-65-103 , § 5-65-303 , § 5-65-310 , or § 3-3-203 is required to complete an alcohol education program provided by a contractor with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or an alcoholism treatment program licensed by the division.

(B) The Department of Human Services shall coordinate with the Department of Corrections to license Department of Corrections employees or contractors to provide the alcohol education or alcohol treatment program required under subdivision (a)(1)(A) of this section to inmates.

(2) (A) The alcohol education program may collect a program fee of up to one hundred twenty-five dollars ($125) per enrollee to offset program costs. (B) (i) A person ordered to complete an alcohol education program under this section may be required to pay, in addition to the costs collected for education or treatment, a fee of up to twenty-five dollars ($25.00) to offset the additional costs associated with reporting requirements under this subchapter. (ii) The alcohol education program shall report monthly to the division all revenue derived from this fee.

(A) The alcohol education program may collect a program fee of up to one hundred twenty-five dollars ($125) per enrollee to offset program costs.

(B) (i) A person ordered to complete an alcohol education program under this section may be required to pay, in addition to the costs collected for education or treatment, a fee of up to twenty-five dollars ($25.00) to offset the additional costs associated with reporting requirements under this subchapter. (ii) The alcohol education program shall report monthly to the division all revenue derived from this fee.

(i) A person ordered to complete an alcohol education program under this section may be required to pay, in addition to the costs collected for education or treatment, a fee of up to twenty-five dollars ($25.00) to offset the additional costs associated with reporting requirements under this subchapter.

(ii) The alcohol education program shall report monthly to the division all revenue derived from this fee.

(b) (1) A person whose driving privilege is suspended or revoked for violating § 5-65-103 shall: (A) Both: (i) Furnish proof of attendance at and completion of the alcoholism treatment program or alcohol education program required under § 5-65-104(b)(1) before reinstatement of his or her suspended or revoked driving privilege; and (ii) Pay any fee for reinstatement required under § 5-65-119 or § 5-65-304 ; or (B) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based. (2) An application for reinstatement shall be made to the Office of Driver Services.

(1) A person whose driving privilege is suspended or revoked for violating § 5-65-103 shall: (A) Both: (i) Furnish proof of attendance at and completion of the alcoholism treatment program or alcohol education program required under § 5-65-104(b)(1) before reinstatement of his or her suspended or revoked driving privilege; and (ii) Pay any fee for reinstatement required under § 5-65-119 or § 5-65-304 ; or (B) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based.

(A) Both: (i) Furnish proof of attendance at and completion of the alcoholism treatment program or alcohol education program required under § 5-65-104(b)(1) before reinstatement of his or her suspended or revoked driving privilege; and (ii) Pay any fee for reinstatement required under § 5-65-119 or § 5-65-304 ; or

(i) Furnish proof of attendance at and completion of the alcoholism treatment program or alcohol education program required under § 5-65-104(b)(1) before reinstatement of his or her suspended or revoked driving privilege; and

(ii) Pay any fee for reinstatement required under § 5-65-119 or § 5-65-304 ; or

(B) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based.

(2) An application for reinstatement shall be made to the Office of Driver Services.

(c) Even if a person has filed a de novo petition for review under § 5-65-402 , he or she is entitled to reinstatement of driving privileges upon complying with this section and is not required to postpone reinstatement until the disposition of the de novo review in circuit court has occurred.

(d) (1) A person whose driving privilege has been suspended or revoked under this chapter may enroll in an alcohol education program prior to disposition of the case by the circuit court or district court. (2) However, the person is not entitled to a refund of a fee paid if the charges are dismissed or if the person is acquitted.

(1) A person whose driving privilege has been suspended or revoked under this chapter may enroll in an alcohol education program prior to disposition of the case by the circuit court or district court.

(2) However, the person is not entitled to a refund of a fee paid if the charges are dismissed or if the person is acquitted.

(e) An alcohol education program or alcoholism treatment program operating under this chapter shall remit the fees imposed under this section to the division.

Amended by Act 2023, No. 659,§ 47, eff. 1/1/2024.

Amended by Act 2017, No. 913,§ 20, eff. 8/1/2017.

Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015.

Amended by Act 2013, No. 1107,§ 5, eff. 8/16/2013.

Amended by Act 2013, No. 1107,§ 4, eff. 8/16/2013.

Acts 1983, No. 549, § 7; 1985, No. 108, § 1; A.S.A. 1947, § 75-2507; Acts 1991, No. 486, § 1; 1995, No. 172, § 1; 1995, No. 263, § 1; 1995, No. 1032, § 1; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4; 1999, No. 1077, § 13; 2003, No. 1462, § 2; 2005, No. 1768, § 3; 2007, No. 251, § 2; 2007, No. 827, § 78; 2009, No. 748, § 28.
Ark. Code Ann. § 5-13-202 — AR Code / Title 5 / Chapter 13 / Subchapter 2 / Section 5-13-202
Battery in the second degree
Status: in_force

(a) A person commits battery in the second degree if: (1) With the purpose of causing physical injury to another person, the person causes serious physical injury to another person; (2) With the purpose of causing physical injury to another person, the person causes physical injury to another person by means of a deadly weapon other than a firearm; (3) The person recklessly causes serious physical injury to another person: (A) By means of a deadly weapon; (B) While operating or in actual physical control of a motor vehicle or motorboat if at the time: (i) The person is intoxicated; or (ii) The alcohol concentration in the person's breath or blood is eight-hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204 ; or (C) Who is four (4) years of age or younger; or (4) The person knowingly, without legal justification, causes physical injury to or incapacitates a person he or she knows to be: (A) (i) A law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while the law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility is acting in the line of duty. (ii) As used in this subdivision (a)(4)(A): (a) (1) "Code enforcement officer" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation. (2) "Code enforcement officer" includes a municipal animal control officer; and (b) "Employee of a correctional facility" includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services; (B) A teacher or other school employee while acting in the course of employment; (C) An individual sixty (60) years of age or older or twelve (12) years of age or younger; (D) An officer or employee of the state while the officer or employee of the state is acting in the performance of his or her lawful duty; (E) While performing medical treatment or emergency medical services or while in the course of other employment relating to his or her medical training: (i) A physician; (ii) A person licensed as emergency medical services personnel, as defined in § 20-13-202 ; (iii) A licensed or certified healthcare professional; or (iv) Any other healthcare provider; or (F) An individual who is incompetent, as defined in § 5-25-101 . (b) (1) Battery in the second degree under subdivision (a)(3)(B) of this section is a Class C felony. (2) Otherwise, battery in the second degree is a Class D felony. (c) As used in this section, "motorboat" means the same as defined in § 5-65-102 . Amended by Act 2021, No. 512,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 783,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 667, eff. 7/1/2019. Amended by Act 2017, No. 333,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 104,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 104,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 429,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 1602; 1981, No. 877, § 1; 1983, No. 12, § 1; A.S.A. 1947, § 41-1602; Acts 1995, No. 1173, § 1; 1995, No. 1305, § 2; 1995, No. 1338, § 1; 1997, No. 207, § 1; 1997, No. 878, § 1; 1999, No. 389, § 1; 2003, No. 66, § 1; 2007, No. 827, § 27; 2009, No. 344, § 1; 2009, No. 689, § 1; 2011, No. 1120, § 6; 2011, No. 1168, § 1.

(a) A person commits battery in the second degree if: (1) With the purpose of causing physical injury to another person, the person causes serious physical injury to another person; (2) With the purpose of causing physical injury to another person, the person causes physical injury to another person by means of a deadly weapon other than a firearm; (3) The person recklessly causes serious physical injury to another person: (A) By means of a deadly weapon; (B) While operating or in actual physical control of a motor vehicle or motorboat if at the time: (i) The person is intoxicated; or (ii) The alcohol concentration in the person's breath or blood is eight-hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204 ; or (C) Who is four (4) years of age or younger; or (4) The person knowingly, without legal justification, causes physical injury to or incapacitates a person he or she knows to be: (A) (i) A law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while the law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility is acting in the line of duty. (ii) As used in this subdivision (a)(4)(A): (a) (1) "Code enforcement officer" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation. (2) "Code enforcement officer" includes a municipal animal control officer; and (b) "Employee of a correctional facility" includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services; (B) A teacher or other school employee while acting in the course of employment; (C) An individual sixty (60) years of age or older or twelve (12) years of age or younger; (D) An officer or employee of the state while the officer or employee of the state is acting in the performance of his or her lawful duty; (E) While performing medical treatment or emergency medical services or while in the course of other employment relating to his or her medical training: (i) A physician; (ii) A person licensed as emergency medical services personnel, as defined in § 20-13-202 ; (iii) A licensed or certified healthcare professional; or (iv) Any other healthcare provider; or (F) An individual who is incompetent, as defined in § 5-25-101 .

(1) With the purpose of causing physical injury to another person, the person causes serious physical injury to another person;

(2) With the purpose of causing physical injury to another person, the person causes physical injury to another person by means of a deadly weapon other than a firearm;

(3) The person recklessly causes serious physical injury to another person: (A) By means of a deadly weapon; (B) While operating or in actual physical control of a motor vehicle or motorboat if at the time: (i) The person is intoxicated; or (ii) The alcohol concentration in the person's breath or blood is eight-hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204 ; or (C) Who is four (4) years of age or younger; or

(A) By means of a deadly weapon;

(B) While operating or in actual physical control of a motor vehicle or motorboat if at the time: (i) The person is intoxicated; or (ii) The alcohol concentration in the person's breath or blood is eight-hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204 ; or

(i) The person is intoxicated; or

(ii) The alcohol concentration in the person's breath or blood is eight-hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204 ; or

(C) Who is four (4) years of age or younger; or

(4) The person knowingly, without legal justification, causes physical injury to or incapacitates a person he or she knows to be: (A) (i) A law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while the law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility is acting in the line of duty. (ii) As used in this subdivision (a)(4)(A): (a) (1) "Code enforcement officer" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation. (2) "Code enforcement officer" includes a municipal animal control officer; and (b) "Employee of a correctional facility" includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services; (B) A teacher or other school employee while acting in the course of employment; (C) An individual sixty (60) years of age or older or twelve (12) years of age or younger; (D) An officer or employee of the state while the officer or employee of the state is acting in the performance of his or her lawful duty; (E) While performing medical treatment or emergency medical services or while in the course of other employment relating to his or her medical training: (i) A physician; (ii) A person licensed as emergency medical services personnel, as defined in § 20-13-202 ; (iii) A licensed or certified healthcare professional; or (iv) Any other healthcare provider; or (F) An individual who is incompetent, as defined in § 5-25-101 .

(A) (i) A law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while the law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility is acting in the line of duty. (ii) As used in this subdivision (a)(4)(A): (a) (1) "Code enforcement officer" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation. (2) "Code enforcement officer" includes a municipal animal control officer; and (b) "Employee of a correctional facility" includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services;

(i) A law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while the law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility is acting in the line of duty.

(ii) As used in this subdivision (a)(4)(A): (a) (1) "Code enforcement officer" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation. (2) "Code enforcement officer" includes a municipal animal control officer; and (b) "Employee of a correctional facility" includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services;

(a) (1) "Code enforcement officer" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation. (2) "Code enforcement officer" includes a municipal animal control officer; and

(1) "Code enforcement officer" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation.

(2) "Code enforcement officer" includes a municipal animal control officer; and

(b) "Employee of a correctional facility" includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services;

(B) A teacher or other school employee while acting in the course of employment;

(C) An individual sixty (60) years of age or older or twelve (12) years of age or younger;

(D) An officer or employee of the state while the officer or employee of the state is acting in the performance of his or her lawful duty;

(E) While performing medical treatment or emergency medical services or while in the course of other employment relating to his or her medical training: (i) A physician; (ii) A person licensed as emergency medical services personnel, as defined in § 20-13-202 ; (iii) A licensed or certified healthcare professional; or (iv) Any other healthcare provider; or

(i) A physician;

(ii) A person licensed as emergency medical services personnel, as defined in § 20-13-202 ;

(iii) A licensed or certified healthcare professional; or

(iv) Any other healthcare provider; or

(F) An individual who is incompetent, as defined in § 5-25-101 .

(b) (1) Battery in the second degree under subdivision (a)(3)(B) of this section is a Class C felony. (2) Otherwise, battery in the second degree is a Class D felony.

(1) Battery in the second degree under subdivision (a)(3)(B) of this section is a Class C felony.

(2) Otherwise, battery in the second degree is a Class D felony.

(c) As used in this section, "motorboat" means the same as defined in § 5-65-102 .

Amended by Act 2021, No. 512,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 783,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 667, eff. 7/1/2019.

Amended by Act 2017, No. 333,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 104,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 104,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 429,§ 1, eff. 8/16/2013.

Acts 1975, No. 280, § 1602; 1981, No. 877, § 1; 1983, No. 12, § 1; A.S.A. 1947, § 41-1602; Acts 1995, No. 1173, § 1; 1995, No. 1305, § 2; 1995, No. 1338, § 1; 1997, No. 207, § 1; 1997, No. 878, § 1; 1999, No. 389, § 1; 2003, No. 66, § 1; 2007, No. 827, § 27; 2009, No. 344, § 1; 2009, No. 689, § 1; 2011, No. 1120, § 6; 2011, No. 1168, § 1.
Ark. Code Ann. § 5-54-105 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-105
Hindering apprehension or prosecution
Status: in_force

(a) A person commits an offense under this section if, with purpose to hinder the apprehension, prosecution, conviction, or punishment of another person for an offense, he or she: (1) Harbors or conceals the other person; (2) Provides or aids in providing the other person with a weapon, money, transportation, disguise, or other means of avoiding apprehension, discovery, or effecting escape; (3) Prevents or obstructs anyone from performing an act which might aid in the discovery, apprehension, or identification of the other person by means of force or intimidation or the threat of force or intimidation, or by means of deception; (4) Conceals, alters, destroys, or otherwise suppresses the discovery of any fact, information, or other thing related to the crime which might aid in the discovery, apprehension, or identification of the other person; (5) Warns the other person of impending discovery, apprehension, or identification; (6) Volunteers false information to a law enforcement officer; or (7) Purposely lies or attempts to purposely provide erroneous information, documents, or other instrumentalities which he or she knows to be false to a certified law enforcement officer that would distract from the true course of the investigation or inhibit the logical or orderly progress of the investigation. (b) (1) (A) Hindering apprehension or prosecution is a Class B felony if the conduct of the person assisted in violation of this section constitutes a Class Y felony or a Class A felony. (B) However, except as provided in subdivision (b)(2) of this section, if the defendant shows by a preponderance of the evidence that he or she stands to the person assisted in the relation of parent, child, brother, sister, husband, or wife, hindering apprehension or prosecution is a Class D felony. (2) Subdivision (b)(1)(B) of this section does not apply if the offense of the person assisted is: (A) Capital murder, as prohibited in § 5-10-101 ; (B) Murder in the first degree, as prohibited in § 5-10-102 ; (C) Kidnapping, as prohibited in § 5-11-102 ; or (D) Rape, as prohibited in § 5-14-103 . (c) Hindering apprehension or prosecution is a felony classified one (1) degree below the felony constituted by the conduct of the person assisted in violation of this section if the conduct is a Class B felony or a Class C felony. (d) (1) Hindering apprehension or prosecution is a Class A misdemeanor if the conduct of the person assisted in violation of this section is a Class D felony or an unclassified felony. (2) Hindering apprehension or prosecution is a Class D felony if the person in violation of this section was assisting an escapee from correctional custody sentenced after being found guilty of a felony. (3) Otherwise, hindering apprehension or prosecution is a misdemeanor classed one (1) degree below the misdemeanor constituted by the conduct of the person assisted in violation of this section. Acts 1975, No. 280, § 2805; 1977, No. 360, § 15; 1985, No. 698, § 1; 1985, No. 1049, § 1; A.S.A. 1947, § 41-2805; Acts 1997, No. 743, § 1; Acts 2005, No. 1867, § 1.

(a) A person commits an offense under this section if, with purpose to hinder the apprehension, prosecution, conviction, or punishment of another person for an offense, he or she: (1) Harbors or conceals the other person; (2) Provides or aids in providing the other person with a weapon, money, transportation, disguise, or other means of avoiding apprehension, discovery, or effecting escape; (3) Prevents or obstructs anyone from performing an act which might aid in the discovery, apprehension, or identification of the other person by means of force or intimidation or the threat of force or intimidation, or by means of deception; (4) Conceals, alters, destroys, or otherwise suppresses the discovery of any fact, information, or other thing related to the crime which might aid in the discovery, apprehension, or identification of the other person; (5) Warns the other person of impending discovery, apprehension, or identification; (6) Volunteers false information to a law enforcement officer; or (7) Purposely lies or attempts to purposely provide erroneous information, documents, or other instrumentalities which he or she knows to be false to a certified law enforcement officer that would distract from the true course of the investigation or inhibit the logical or orderly progress of the investigation.

(1) Harbors or conceals the other person;

(2) Provides or aids in providing the other person with a weapon, money, transportation, disguise, or other means of avoiding apprehension, discovery, or effecting escape;

(3) Prevents or obstructs anyone from performing an act which might aid in the discovery, apprehension, or identification of the other person by means of force or intimidation or the threat of force or intimidation, or by means of deception;

(4) Conceals, alters, destroys, or otherwise suppresses the discovery of any fact, information, or other thing related to the crime which might aid in the discovery, apprehension, or identification of the other person;

(5) Warns the other person of impending discovery, apprehension, or identification;

(6) Volunteers false information to a law enforcement officer; or

(7) Purposely lies or attempts to purposely provide erroneous information, documents, or other instrumentalities which he or she knows to be false to a certified law enforcement officer that would distract from the true course of the investigation or inhibit the logical or orderly progress of the investigation.

(b) (1) (A) Hindering apprehension or prosecution is a Class B felony if the conduct of the person assisted in violation of this section constitutes a Class Y felony or a Class A felony. (B) However, except as provided in subdivision (b)(2) of this section, if the defendant shows by a preponderance of the evidence that he or she stands to the person assisted in the relation of parent, child, brother, sister, husband, or wife, hindering apprehension or prosecution is a Class D felony. (2) Subdivision (b)(1)(B) of this section does not apply if the offense of the person assisted is: (A) Capital murder, as prohibited in § 5-10-101 ; (B) Murder in the first degree, as prohibited in § 5-10-102 ; (C) Kidnapping, as prohibited in § 5-11-102 ; or (D) Rape, as prohibited in § 5-14-103 .

(1) (A) Hindering apprehension or prosecution is a Class B felony if the conduct of the person assisted in violation of this section constitutes a Class Y felony or a Class A felony. (B) However, except as provided in subdivision (b)(2) of this section, if the defendant shows by a preponderance of the evidence that he or she stands to the person assisted in the relation of parent, child, brother, sister, husband, or wife, hindering apprehension or prosecution is a Class D felony.

(A) Hindering apprehension or prosecution is a Class B felony if the conduct of the person assisted in violation of this section constitutes a Class Y felony or a Class A felony.

(B) However, except as provided in subdivision (b)(2) of this section, if the defendant shows by a preponderance of the evidence that he or she stands to the person assisted in the relation of parent, child, brother, sister, husband, or wife, hindering apprehension or prosecution is a Class D felony.

(2) Subdivision (b)(1)(B) of this section does not apply if the offense of the person assisted is: (A) Capital murder, as prohibited in § 5-10-101 ; (B) Murder in the first degree, as prohibited in § 5-10-102 ; (C) Kidnapping, as prohibited in § 5-11-102 ; or (D) Rape, as prohibited in § 5-14-103 .

(A) Capital murder, as prohibited in § 5-10-101 ;

(B) Murder in the first degree, as prohibited in § 5-10-102 ;

(C) Kidnapping, as prohibited in § 5-11-102 ; or

(D) Rape, as prohibited in § 5-14-103 .

(c) Hindering apprehension or prosecution is a felony classified one (1) degree below the felony constituted by the conduct of the person assisted in violation of this section if the conduct is a Class B felony or a Class C felony.

(d) (1) Hindering apprehension or prosecution is a Class A misdemeanor if the conduct of the person assisted in violation of this section is a Class D felony or an unclassified felony. (2) Hindering apprehension or prosecution is a Class D felony if the person in violation of this section was assisting an escapee from correctional custody sentenced after being found guilty of a felony. (3) Otherwise, hindering apprehension or prosecution is a misdemeanor classed one (1) degree below the misdemeanor constituted by the conduct of the person assisted in violation of this section.

(1) Hindering apprehension or prosecution is a Class A misdemeanor if the conduct of the person assisted in violation of this section is a Class D felony or an unclassified felony.

(2) Hindering apprehension or prosecution is a Class D felony if the person in violation of this section was assisting an escapee from correctional custody sentenced after being found guilty of a felony.

(3) Otherwise, hindering apprehension or prosecution is a misdemeanor classed one (1) degree below the misdemeanor constituted by the conduct of the person assisted in violation of this section.

Acts 1975, No. 280, § 2805; 1977, No. 360, § 15; 1985, No. 698, § 1; 1985, No. 1049, § 1; A.S.A. 1947, § 41-2805; Acts 1997, No. 743, § 1; Acts 2005, No. 1867, § 1.
Ark. Code Ann. § 5-27-302 — AR Code / Title 5 / Chapter 27 / Subchapter 3 / Section 5-27-302
Definitions
Status: in_force

As used in this subchapter: (1) "Child" means any person under eighteen (18) years of age; (2) "Commercial exploitation" means having monetary or other material gain as a direct or indirect goal; (3) "Producing" means producing, directing, manufacturing, issuing, publishing, or advertising; (4) "Sexually explicit conduct" means actual or simulated: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Sadomasochistic abuse for the purpose of sexual stimulation; or (E) Lewd exhibition of: (i) The genitals or pubic area of any person; or (ii) The breast of a female; and (5) "Visual or print medium" means any film, photograph, negative, slide, book, magazine, magnetic image, electronic image, or other visual or print medium other than material specifically used by a licensed medical professional or mental health professional, or both, for the purpose of assessment, evaluation, and treatment of a sex offender. Amended by Act 2013, No. 1114,§ 1, eff. 8/16/2013. Acts 1979, No. 499, § 2; A.S.A. 1947, § 41-4202; Acts 1995, No. 1209, § 1; 2007, No. 827, § 35; 2011, No. 1190, § 1.

As used in this subchapter:

(1) "Child" means any person under eighteen (18) years of age;

(2) "Commercial exploitation" means having monetary or other material gain as a direct or indirect goal;

(3) "Producing" means producing, directing, manufacturing, issuing, publishing, or advertising;

(4) "Sexually explicit conduct" means actual or simulated: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Sadomasochistic abuse for the purpose of sexual stimulation; or (E) Lewd exhibition of: (i) The genitals or pubic area of any person; or (ii) The breast of a female; and

(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

(B) Bestiality;

(C) Masturbation;

(D) Sadomasochistic abuse for the purpose of sexual stimulation; or

(E) Lewd exhibition of: (i) The genitals or pubic area of any person; or (ii) The breast of a female; and

(i) The genitals or pubic area of any person; or

(ii) The breast of a female; and

(5) "Visual or print medium" means any film, photograph, negative, slide, book, magazine, magnetic image, electronic image, or other visual or print medium other than material specifically used by a licensed medical professional or mental health professional, or both, for the purpose of assessment, evaluation, and treatment of a sex offender.

Amended by Act 2013, No. 1114,§ 1, eff. 8/16/2013.

Acts 1979, No. 499, § 2; A.S.A. 1947, § 41-4202; Acts 1995, No. 1209, § 1; 2007, No. 827, § 35; 2011, No. 1190, § 1.