Ark. Code Ann. § 5-10-202 — AR Code / Title 5 / Chapter 10 / Subchapter 2 / Section 5-10-202
Aggravated death by delivery
Status: in_force

(a) A person commits the offense of aggravated death by delivery if: (1) (A) He or she knowingly delivers or conveys fentanyl to another person; and (B) The injection, ingestion, inhalation, or other introduction of the fentanyl, including any adulterants or diluents, is the cause of death of the other person; or (2) (A) He or she knowingly delivers or conveys fentanyl, methamphetamine, heroin, or cocaine to a minor; and (B) The injection, ingestion, inhalation, or other introduction of the fentanyl, methamphetamine, heroin, or cocaine, including any adulterants or diluents, causes the death of the minor. (b) (1) A person who commits the offense of aggravated death by delivery under subdivision (a)(1) of this section upon conviction is guilty of an unclassified felony and shall be sentenced to a term of imprisonment of no less than twenty (20) years nor more than sixty (60) years, or life. (2) (A) Except as provided in subdivision (b)(2)(B) of this section, a person who commits the offense of aggravated death by delivery under subdivision (a)(2) of this section upon conviction is guilty of an unclassified felony and shall be sentenced to a term of life imprisonment. (B) A person who commits the offense of aggravated death by delivery under subdivision (a)(2) of this section who is less than three (3) years older than the minor whose death was caused upon conviction is guilty of an unclassified felony and shall be sentenced to a term of imprisonment of no less than twenty (20) years nor more than sixty (60) years, or life. Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.

(a) A person commits the offense of aggravated death by delivery if: (1) (A) He or she knowingly delivers or conveys fentanyl to another person; and (B) The injection, ingestion, inhalation, or other introduction of the fentanyl, including any adulterants or diluents, is the cause of death of the other person; or (2) (A) He or she knowingly delivers or conveys fentanyl, methamphetamine, heroin, or cocaine to a minor; and (B) The injection, ingestion, inhalation, or other introduction of the fentanyl, methamphetamine, heroin, or cocaine, including any adulterants or diluents, causes the death of the minor.

(1) (A) He or she knowingly delivers or conveys fentanyl to another person; and (B) The injection, ingestion, inhalation, or other introduction of the fentanyl, including any adulterants or diluents, is the cause of death of the other person; or

(A) He or she knowingly delivers or conveys fentanyl to another person; and

(B) The injection, ingestion, inhalation, or other introduction of the fentanyl, including any adulterants or diluents, is the cause of death of the other person; or

(2) (A) He or she knowingly delivers or conveys fentanyl, methamphetamine, heroin, or cocaine to a minor; and (B) The injection, ingestion, inhalation, or other introduction of the fentanyl, methamphetamine, heroin, or cocaine, including any adulterants or diluents, causes the death of the minor.

(A) He or she knowingly delivers or conveys fentanyl, methamphetamine, heroin, or cocaine to a minor; and

(B) The injection, ingestion, inhalation, or other introduction of the fentanyl, methamphetamine, heroin, or cocaine, including any adulterants or diluents, causes the death of the minor.

(b) (1) A person who commits the offense of aggravated death by delivery under subdivision (a)(1) of this section upon conviction is guilty of an unclassified felony and shall be sentenced to a term of imprisonment of no less than twenty (20) years nor more than sixty (60) years, or life. (2) (A) Except as provided in subdivision (b)(2)(B) of this section, a person who commits the offense of aggravated death by delivery under subdivision (a)(2) of this section upon conviction is guilty of an unclassified felony and shall be sentenced to a term of life imprisonment. (B) A person who commits the offense of aggravated death by delivery under subdivision (a)(2) of this section who is less than three (3) years older than the minor whose death was caused upon conviction is guilty of an unclassified felony and shall be sentenced to a term of imprisonment of no less than twenty (20) years nor more than sixty (60) years, or life.

(1) A person who commits the offense of aggravated death by delivery under subdivision (a)(1) of this section upon conviction is guilty of an unclassified felony and shall be sentenced to a term of imprisonment of no less than twenty (20) years nor more than sixty (60) years, or life.

(2) (A) Except as provided in subdivision (b)(2)(B) of this section, a person who commits the offense of aggravated death by delivery under subdivision (a)(2) of this section upon conviction is guilty of an unclassified felony and shall be sentenced to a term of life imprisonment. (B) A person who commits the offense of aggravated death by delivery under subdivision (a)(2) of this section who is less than three (3) years older than the minor whose death was caused upon conviction is guilty of an unclassified felony and shall be sentenced to a term of imprisonment of no less than twenty (20) years nor more than sixty (60) years, or life.

(A) Except as provided in subdivision (b)(2)(B) of this section, a person who commits the offense of aggravated death by delivery under subdivision (a)(2) of this section upon conviction is guilty of an unclassified felony and shall be sentenced to a term of life imprisonment.

(B) A person who commits the offense of aggravated death by delivery under subdivision (a)(2) of this section who is less than three (3) years older than the minor whose death was caused upon conviction is guilty of an unclassified felony and shall be sentenced to a term of imprisonment of no less than twenty (20) years nor more than sixty (60) years, or life.

Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.
Ark. Code Ann. § 5-62-108 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-108
Arrested persons - Animal possession
Status: in_force

(a) If a law enforcement officer arrests a person in charge of any vehicle drawn by or containing an animal, the law enforcement officer may seize the animal and impound in any lawful manner the vehicle and the contents of the vehicle. (b) (1) A law enforcement officer that seizes an animal under subsection (a) of this section shall place the animal with an appropriate place of custody. (2) If an animal is seized under this section, an owner of the animal may petition to regain possession of the animal in the manner proscribed in § 5-62-106 . (c) Any vehicle or contents of the vehicle impounded under subsection (a) of this section shall be returned to the owner as soon as reasonably practicable under the circumstances unless the vehicle or contents of the vehicle are subject to seizure for any other lawful reason. Acts 2009, No. 33, § 3.

(a) If a law enforcement officer arrests a person in charge of any vehicle drawn by or containing an animal, the law enforcement officer may seize the animal and impound in any lawful manner the vehicle and the contents of the vehicle.

(b) (1) A law enforcement officer that seizes an animal under subsection (a) of this section shall place the animal with an appropriate place of custody. (2) If an animal is seized under this section, an owner of the animal may petition to regain possession of the animal in the manner proscribed in § 5-62-106 .

(1) A law enforcement officer that seizes an animal under subsection (a) of this section shall place the animal with an appropriate place of custody.

(2) If an animal is seized under this section, an owner of the animal may petition to regain possession of the animal in the manner proscribed in § 5-62-106 .

(c) Any vehicle or contents of the vehicle impounded under subsection (a) of this section shall be returned to the owner as soon as reasonably practicable under the circumstances unless the vehicle or contents of the vehicle are subject to seizure for any other lawful reason.

Acts 2009, No. 33, § 3.
Ark. Code Ann. § 5-53-132 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-132
Misconduct in selecting or summoning jurors
Status: in_force

Any person whose duty it is to select or summon any jurors in any court or before any officer who is guilty of any unlawful, partial, or improper conduct in selecting or summoning any juror is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100). Rev. Stat., ch. 44, div. 5, art. 2, § 5; C. & M. Dig., § 2565; Pope's Dig., § 3245; A.S.A. 1947, § 41-2652; Acts 2005, No. 1994, § 50.

Any person whose duty it is to select or summon any jurors in any court or before any officer who is guilty of any unlawful, partial, or improper conduct in selecting or summoning any juror is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100).

Rev. Stat., ch. 44, div. 5, art. 2, § 5; C. & M. Dig., § 2565; Pope's Dig., § 3245; A.S.A. 1947, § 41-2652; Acts 2005, No. 1994, § 50.
Ark. Code Ann. § 5-61-304 — AR Code / Title 5 / Chapter 61 / Subchapter 3 / Section 5-61-304
[See Note] Prohibition
Status: in_force

(a) A person shall not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency. (b) Performing or attempting to perform an abortion is an unclassified felony with a fine not to exceed one hundred thousand dollars ($100,000) or imprisonment not to exceed ten (10) years, or both. (c) This section does not: (1) Authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child; or (2) Prohibit the sale, use, prescription, or administration of a contraceptive measure, drug, or chemical if the contraceptive measure, drug, or chemical is administered before the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure, drug, or chemical is sold, used, prescribed, or administered in accordance with manufacturer instructions. (d) It is an affirmative defense to prosecution under this section if a licensed physician provides medical treatment to a pregnant woman which results in the accidental or unintentional injury or death to the unborn child. Added by Act 2019, No. 180,§ 1. See section 2 ofAct 2019, No. 180 for effective date.

(a) A person shall not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency.

(b) Performing or attempting to perform an abortion is an unclassified felony with a fine not to exceed one hundred thousand dollars ($100,000) or imprisonment not to exceed ten (10) years, or both.

(c) This section does not: (1) Authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child; or (2) Prohibit the sale, use, prescription, or administration of a contraceptive measure, drug, or chemical if the contraceptive measure, drug, or chemical is administered before the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure, drug, or chemical is sold, used, prescribed, or administered in accordance with manufacturer instructions.

(1) Authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child; or

(2) Prohibit the sale, use, prescription, or administration of a contraceptive measure, drug, or chemical if the contraceptive measure, drug, or chemical is administered before the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure, drug, or chemical is sold, used, prescribed, or administered in accordance with manufacturer instructions.

(d) It is an affirmative defense to prosecution under this section if a licensed physician provides medical treatment to a pregnant woman which results in the accidental or unintentional injury or death to the unborn child.

Added by Act 2019, No. 180,§ 1. See section 2 ofAct 2019, No. 180 for effective date.
Ark. Code Ann. § 5-2-612 — AR Code / Title 5 / Chapter 2 / Subchapter 6 / Section 5-2-612
Use of physical force in resisting arrest
Status: in_force

Whether the arrest is lawful or unlawful, a person may not use physical force to resist an arrest by a person who is known or reasonably appears to be a: (1) Law enforcement officer; or (2) Private citizen directed by a law enforcement officer to assist in effecting an arrest. Acts 1975, No. 280, § 512; A.S.A. 1947, § 41-512.

Whether the arrest is lawful or unlawful, a person may not use physical force to resist an arrest by a person who is known or reasonably appears to be a:

(1) Law enforcement officer; or

(2) Private citizen directed by a law enforcement officer to assist in effecting an arrest.

Acts 1975, No. 280, § 512; A.S.A. 1947, § 41-512.
Ark. Code Ann. § 5-73-319 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-319
Transfer of a license to Arkansas
Status: in_force

(a) Any person who becomes a resident of Arkansas who has a valid license to carry a concealed handgun issued by a reciprocal state may apply to transfer his or her license to Arkansas by submitting the following to the Division of Arkansas State Police: (1) The person's current reciprocal state license; (2) Two (2) properly completed fingerprint cards; (3) A nonrefundable license fee of thirty-five dollars ($35.00); (4) Any fee charged by a state or federal agency for a criminal history check; and (5) A digital photograph of the person or a release authorization to obtain a digital photograph of the person from another source. (b) After July 31, 2007, the newly transferred license is valid for a period of five (5) years from the date of issuance and binds the holder to all Arkansas laws and rules regarding the carrying of the concealed handgun. Amended by Act 2019, No. 315,§ 173, eff. 7/24/2019. Acts 2003, No. 545, § 3; 2007, No. 664, § 26; 2007, No. 1014, § 2.

(a) Any person who becomes a resident of Arkansas who has a valid license to carry a concealed handgun issued by a reciprocal state may apply to transfer his or her license to Arkansas by submitting the following to the Division of Arkansas State Police: (1) The person's current reciprocal state license; (2) Two (2) properly completed fingerprint cards; (3) A nonrefundable license fee of thirty-five dollars ($35.00); (4) Any fee charged by a state or federal agency for a criminal history check; and (5) A digital photograph of the person or a release authorization to obtain a digital photograph of the person from another source.

(1) The person's current reciprocal state license;

(2) Two (2) properly completed fingerprint cards;

(3) A nonrefundable license fee of thirty-five dollars ($35.00);

(4) Any fee charged by a state or federal agency for a criminal history check; and

(5) A digital photograph of the person or a release authorization to obtain a digital photograph of the person from another source.

(b) After July 31, 2007, the newly transferred license is valid for a period of five (5) years from the date of issuance and binds the holder to all Arkansas laws and rules regarding the carrying of the concealed handgun.

Amended by Act 2019, No. 315,§ 173, eff. 7/24/2019.

Acts 2003, No. 545, § 3; 2007, No. 664, § 26; 2007, No. 1014, § 2.
Ark. Code Ann. § 5-71-209 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-209
Harassing communications
Status: in_force

(a) As used in this section, "electronic device" includes a computer, cell phone, tablet, smartphone, or any other device that connects to the internet or is used in the electronic transmission of communication or information. (b) A person commits the offense of harassing communications if: (1) With the purpose to harass, annoy, or alarm another person, the person: (A) Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, email, message delivered to an electronic device, or any other form of written or electronic communication, in a manner likely to harass, annoy, or cause alarm; (B) Makes a telephone call or causes a telephone to ring repeatedly, with no purpose of legitimate communication, regardless of whether a conversation ensues; (C) Knowingly permits any telephone or electronic device under his or her control to be used for any purpose prohibited by this section; (D) Threatens by telephone, in writing, or by electronic communication, including without limitation by text message, social media post, facsimile transmission, email, and internet service, to take an action against another person that is known by the person to be unlawful; or (E) Places two (2) or more telephone calls anonymously, at an hour or hours known by the person to be inconvenient to another person, in an offensively repetitious manner or without a legitimate purpose of communication, and by this action knowingly annoys or alarms the other person; or (2) With the purpose to frighten, intimidate, or distress emotionally another person, the person: (A) Communicates by telephone to another person that a person has been injured, killed, or is ill when the communication is known by the person to be false; or (B) Communicates with another person by any method described in subdivision (b)(1) of this section, without legitimate purpose in a manner the person knows, or reasonably should know, would frighten, intimidate, or cause emotional distress to a similarly situated person of reasonable sensibilities. (c) An offense involving use of a telephone or electronic device may be prosecuted in the county where the defendant was located when he or she used the telephone or electronic device, or in the county where the telephone made to ring by the defendant or the electronic device that received a message or email from the defendant was located. (d) Harassing communications is a Class A misdemeanor. (e) (1) Upon the pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rule 9.3 and Rule 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (2) The no contact order under subdivision (e)(1) of this section remains in effect during the pendency of any appeal of a conviction under this section. (3) The judicial officer or prosecuting attorney shall provide a copy of the no contact order under subdivision (e)(1) of this section to the victim and arresting agency without unnecessary delay. (f) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328 , or both. Amended by Act 2019, No. 1049,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 472,§ 21, eff. 8/1/2017. Amended by Act 2017, No. 130,§ 1, eff. 8/1/2017. Acts 1975, No. 280, § 2910; A.S.A. 1947, § 41-2910; Acts 1993, No. 379, § 6; 1993, No. 388, § 6; 1995, No. 1302, § 4.

(a) As used in this section, "electronic device" includes a computer, cell phone, tablet, smartphone, or any other device that connects to the internet or is used in the electronic transmission of communication or information.

(b) A person commits the offense of harassing communications if: (1) With the purpose to harass, annoy, or alarm another person, the person: (A) Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, email, message delivered to an electronic device, or any other form of written or electronic communication, in a manner likely to harass, annoy, or cause alarm; (B) Makes a telephone call or causes a telephone to ring repeatedly, with no purpose of legitimate communication, regardless of whether a conversation ensues; (C) Knowingly permits any telephone or electronic device under his or her control to be used for any purpose prohibited by this section; (D) Threatens by telephone, in writing, or by electronic communication, including without limitation by text message, social media post, facsimile transmission, email, and internet service, to take an action against another person that is known by the person to be unlawful; or (E) Places two (2) or more telephone calls anonymously, at an hour or hours known by the person to be inconvenient to another person, in an offensively repetitious manner or without a legitimate purpose of communication, and by this action knowingly annoys or alarms the other person; or (2) With the purpose to frighten, intimidate, or distress emotionally another person, the person: (A) Communicates by telephone to another person that a person has been injured, killed, or is ill when the communication is known by the person to be false; or (B) Communicates with another person by any method described in subdivision (b)(1) of this section, without legitimate purpose in a manner the person knows, or reasonably should know, would frighten, intimidate, or cause emotional distress to a similarly situated person of reasonable sensibilities.

(1) With the purpose to harass, annoy, or alarm another person, the person: (A) Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, email, message delivered to an electronic device, or any other form of written or electronic communication, in a manner likely to harass, annoy, or cause alarm; (B) Makes a telephone call or causes a telephone to ring repeatedly, with no purpose of legitimate communication, regardless of whether a conversation ensues; (C) Knowingly permits any telephone or electronic device under his or her control to be used for any purpose prohibited by this section; (D) Threatens by telephone, in writing, or by electronic communication, including without limitation by text message, social media post, facsimile transmission, email, and internet service, to take an action against another person that is known by the person to be unlawful; or (E) Places two (2) or more telephone calls anonymously, at an hour or hours known by the person to be inconvenient to another person, in an offensively repetitious manner or without a legitimate purpose of communication, and by this action knowingly annoys or alarms the other person; or

(A) Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, email, message delivered to an electronic device, or any other form of written or electronic communication, in a manner likely to harass, annoy, or cause alarm;

(B) Makes a telephone call or causes a telephone to ring repeatedly, with no purpose of legitimate communication, regardless of whether a conversation ensues;

(C) Knowingly permits any telephone or electronic device under his or her control to be used for any purpose prohibited by this section;

(D) Threatens by telephone, in writing, or by electronic communication, including without limitation by text message, social media post, facsimile transmission, email, and internet service, to take an action against another person that is known by the person to be unlawful; or

(E) Places two (2) or more telephone calls anonymously, at an hour or hours known by the person to be inconvenient to another person, in an offensively repetitious manner or without a legitimate purpose of communication, and by this action knowingly annoys or alarms the other person; or

(2) With the purpose to frighten, intimidate, or distress emotionally another person, the person: (A) Communicates by telephone to another person that a person has been injured, killed, or is ill when the communication is known by the person to be false; or (B) Communicates with another person by any method described in subdivision (b)(1) of this section, without legitimate purpose in a manner the person knows, or reasonably should know, would frighten, intimidate, or cause emotional distress to a similarly situated person of reasonable sensibilities.

(A) Communicates by telephone to another person that a person has been injured, killed, or is ill when the communication is known by the person to be false; or

(B) Communicates with another person by any method described in subdivision (b)(1) of this section, without legitimate purpose in a manner the person knows, or reasonably should know, would frighten, intimidate, or cause emotional distress to a similarly situated person of reasonable sensibilities.

(c) An offense involving use of a telephone or electronic device may be prosecuted in the county where the defendant was located when he or she used the telephone or electronic device, or in the county where the telephone made to ring by the defendant or the electronic device that received a message or email from the defendant was located.

(d) Harassing communications is a Class A misdemeanor.

(e) (1) Upon the pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rule 9.3 and Rule 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (2) The no contact order under subdivision (e)(1) of this section remains in effect during the pendency of any appeal of a conviction under this section. (3) The judicial officer or prosecuting attorney shall provide a copy of the no contact order under subdivision (e)(1) of this section to the victim and arresting agency without unnecessary delay.

(1) Upon the pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rule 9.3 and Rule 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.

(2) The no contact order under subdivision (e)(1) of this section remains in effect during the pendency of any appeal of a conviction under this section.

(3) The judicial officer or prosecuting attorney shall provide a copy of the no contact order under subdivision (e)(1) of this section to the victim and arresting agency without unnecessary delay.

(f) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328 , or both.

Amended by Act 2019, No. 1049,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 472,§ 21, eff. 8/1/2017.

Amended by Act 2017, No. 130,§ 1, eff. 8/1/2017.

Acts 1975, No. 280, § 2910; A.S.A. 1947, § 41-2910; Acts 1993, No. 379, § 6; 1993, No. 388, § 6; 1995, No. 1302, § 4.
Ark. Code Ann. § 5-4-302 — AR Code / Title 5 / Chapter 4 / Subchapter 3 / Section 5-4-302
Effect of noncode statutes
Status: in_force

When a defendant who pleads or is found guilty of an offense defined by a statute not a part of the Arkansas Criminal Code is eligible for suspension or probation pursuant to that statute, the court may make any disposition permitted by that statute. Acts 1975, No. 280, § 1202; A.S.A. 1947, § 41-1202.

When a defendant who pleads or is found guilty of an offense defined by a statute not a part of the Arkansas Criminal Code is eligible for suspension or probation pursuant to that statute, the court may make any disposition permitted by that statute.

Acts 1975, No. 280, § 1202; A.S.A. 1947, § 41-1202.
Ark. Code Ann. § 5-64-216 — AR Code / Title 5 / Chapter 64 / Subchapter 2 / Section 5-64-216
Schedule revisions
Status: in_force

The Secretary of the Department of Health shall revise and republish the schedules annually. Amended by Act 2019, No. 910,§ 4843, eff. 7/1/2019. Acts 1971, No. 590, Art. 2, § 16, as added by Acts 1973, No. 186, § 1; 1979, No. 898, § 13; A.S.A. 1947, § 82-2614.3.

The Secretary of the Department of Health shall revise and republish the schedules annually.

Amended by Act 2019, No. 910,§ 4843, eff. 7/1/2019.

Acts 1971, No. 590, Art. 2, § 16, as added by Acts 1973, No. 186, § 1; 1979, No. 898, § 13; A.S.A. 1947, § 82-2614.3.
Ark. Code Ann. § 5-62-113 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-113
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1348,§ 12, eff. 8/16/2013. Acts 1879, No. 47, § 9, p. 54; C. & M. Dig., § 2618; Pope's Dig., § 3305; A.S.A. 1947, § 41-2956; Acts 2009, No. 33, § 4.

Repealed by Act 2013, No. 1348,§ 12, eff. 8/16/2013.

Acts 1879, No. 47, § 9, p. 54; C. & M. Dig., § 2618; Pope's Dig., § 3305; A.S.A. 1947, § 41-2956; Acts 2009, No. 33, § 4.
Ark. Code Ann. § 5-72-103 — AR Code / Title 5 / Chapter 72 / Section 5-72-103
Cutting timber on swamp and overflowed lands
Status: in_force

(a) Any person who cuts, destroys, or removes any timber standing on any of the swamp and overflowed lands granted by the United States Congress to this state is subject to indictment and upon conviction is guilty of a Class B misdemeanor. (b) Additionally, restitution is set at the full value of the timber cut, destroyed, or carried away. Acts 1853, § 35, p. 161; C. & M. Dig., § 2547; Pope's Dig., § 3194; A.S.A. 1947, § 10-301; Acts 2005, No. 1994, § 468.

(a) Any person who cuts, destroys, or removes any timber standing on any of the swamp and overflowed lands granted by the United States Congress to this state is subject to indictment and upon conviction is guilty of a Class B misdemeanor.

(b) Additionally, restitution is set at the full value of the timber cut, destroyed, or carried away.

Acts 1853, § 35, p. 161; C. & M. Dig., § 2547; Pope's Dig., § 3194; A.S.A. 1947, § 10-301; Acts 2005, No. 1994, § 468.
Ark. Code Ann. § 5-4-305 — AR Code / Title 5 / Chapter 4 / Subchapter 3 / Section 5-4-305
Effect on appeal
Status: in_force

(a) If a court suspends imposition of sentence on a defendant or places him or her on probation, the fact that a judgment of conviction is not entered does not preclude: (1) An appeal on the basis of any error in the adjudication of guilt or any error in the entry of the order of the suspension or probation; or (2) The imposition of any costs authorized by law. (b) An appeal following a suspension or probation may be taken by filing notice of appeal in the manner prescribed by law within thirty (30) days after the docket entry of the suspension or probation. Acts 1975, No. 280, § 1211; A.S.A. 1947, § 41-1211.

(a) If a court suspends imposition of sentence on a defendant or places him or her on probation, the fact that a judgment of conviction is not entered does not preclude: (1) An appeal on the basis of any error in the adjudication of guilt or any error in the entry of the order of the suspension or probation; or (2) The imposition of any costs authorized by law.

(1) An appeal on the basis of any error in the adjudication of guilt or any error in the entry of the order of the suspension or probation; or

(2) The imposition of any costs authorized by law.

(b) An appeal following a suspension or probation may be taken by filing notice of appeal in the manner prescribed by law within thirty (30) days after the docket entry of the suspension or probation.

Acts 1975, No. 280, § 1211; A.S.A. 1947, § 41-1211.
Ark. Code Ann. § 5-14-123 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-123
Exposing another person to human immunodeficiency virus
Status: in_force

(a) A person with acquired immunodeficiency syndrome or who tests positive for the presence of human immunodeficiency virus antigen or antibodies is infectious to another person through the exchange of a body fluid during sexual intercourse and through the parenteral transfer of blood or a blood product and under these circumstances is a danger to the public. (b) A person commits the offense of exposing another person to human immunodeficiency virus if the person knows he or she has tested positive for human immunodeficiency virus and exposes another person to human immunodeficiency virus infection through the parenteral transfer of blood or a blood product or engages in sexual penetration with another person without first having informed the other person of the presence of human immunodeficiency virus. (c) (1) As used in this section, "sexual penetration" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into a genital or anal opening of another person's body. (2) However, emission of semen is not required. (d) Exposing another person to human immunodeficiency virus is a Class A felony. Acts 1989, No. 614, §§ 1, 2.

(a) A person with acquired immunodeficiency syndrome or who tests positive for the presence of human immunodeficiency virus antigen or antibodies is infectious to another person through the exchange of a body fluid during sexual intercourse and through the parenteral transfer of blood or a blood product and under these circumstances is a danger to the public.

(b) A person commits the offense of exposing another person to human immunodeficiency virus if the person knows he or she has tested positive for human immunodeficiency virus and exposes another person to human immunodeficiency virus infection through the parenteral transfer of blood or a blood product or engages in sexual penetration with another person without first having informed the other person of the presence of human immunodeficiency virus.

(c) (1) As used in this section, "sexual penetration" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into a genital or anal opening of another person's body. (2) However, emission of semen is not required.

(1) As used in this section, "sexual penetration" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into a genital or anal opening of another person's body.

(2) However, emission of semen is not required.

(d) Exposing another person to human immunodeficiency virus is a Class A felony.

Acts 1989, No. 614, §§ 1, 2.
Ark. Code Ann. § 5-4-603 — AR Code / Title 5 / Chapter 4 / Subchapter 6 / Section 5-4-603
Findings required for death sentence - Harmless error review
Status: in_force

(a) The jury shall impose a sentence of death if the jury unanimously returns written findings that: (1) An aggravating circumstance exists beyond a reasonable doubt; (2) Aggravating circumstances outweigh beyond a reasonable doubt all mitigating circumstances found to exist; and (3) Aggravating circumstances justify a sentence of death beyond a reasonable doubt. (b) The jury shall impose a sentence of life imprisonment without parole if the jury finds that: (1) Aggravating circumstances do not exist beyond a reasonable doubt; (2) Aggravating circumstances do not outweigh beyond a reasonable doubt all mitigating circumstances found to exist; or (3) Aggravating circumstances do not justify a sentence of death beyond a reasonable doubt. (c) If the jury does not make any finding required by subsection (a) of this section, the court shall impose a sentence of life imprisonment without parole. (d) (1) On an appellate review of a death sentence, the Supreme Court shall conduct a harmless error review of the defendant's death sentence if: (A) The Supreme Court finds that the jury erred in finding the existence of any aggravating circumstance for any reason; and (B) The jury found no mitigating circumstance. (2) The Supreme Court shall conduct a harmless error review under subdivision (d)(1) of this section by determining that a remaining aggravating circumstance: (A) Exists beyond a reasonable doubt; and (B) Justifies a sentence of death beyond a reasonable doubt. (e) If the Supreme Court concludes that the erroneous finding of any aggravating circumstance by the jury would not have changed the jury's decision to impose the death penalty on the defendant, then a simple majority of the court may vote to affirm the defendant's death sentence. Acts 1975, No. 280, § 1302; 1977, No. 474, § 11; A.S.A. 1947, § 41-1302; Acts 1987, No. 412, § 1.

(a) The jury shall impose a sentence of death if the jury unanimously returns written findings that: (1) An aggravating circumstance exists beyond a reasonable doubt; (2) Aggravating circumstances outweigh beyond a reasonable doubt all mitigating circumstances found to exist; and (3) Aggravating circumstances justify a sentence of death beyond a reasonable doubt.

(1) An aggravating circumstance exists beyond a reasonable doubt;

(2) Aggravating circumstances outweigh beyond a reasonable doubt all mitigating circumstances found to exist; and

(3) Aggravating circumstances justify a sentence of death beyond a reasonable doubt.

(b) The jury shall impose a sentence of life imprisonment without parole if the jury finds that: (1) Aggravating circumstances do not exist beyond a reasonable doubt; (2) Aggravating circumstances do not outweigh beyond a reasonable doubt all mitigating circumstances found to exist; or (3) Aggravating circumstances do not justify a sentence of death beyond a reasonable doubt.

(1) Aggravating circumstances do not exist beyond a reasonable doubt;

(2) Aggravating circumstances do not outweigh beyond a reasonable doubt all mitigating circumstances found to exist; or

(3) Aggravating circumstances do not justify a sentence of death beyond a reasonable doubt.

(c) If the jury does not make any finding required by subsection (a) of this section, the court shall impose a sentence of life imprisonment without parole.

(d) (1) On an appellate review of a death sentence, the Supreme Court shall conduct a harmless error review of the defendant's death sentence if: (A) The Supreme Court finds that the jury erred in finding the existence of any aggravating circumstance for any reason; and (B) The jury found no mitigating circumstance. (2) The Supreme Court shall conduct a harmless error review under subdivision (d)(1) of this section by determining that a remaining aggravating circumstance: (A) Exists beyond a reasonable doubt; and (B) Justifies a sentence of death beyond a reasonable doubt.

(1) On an appellate review of a death sentence, the Supreme Court shall conduct a harmless error review of the defendant's death sentence if: (A) The Supreme Court finds that the jury erred in finding the existence of any aggravating circumstance for any reason; and (B) The jury found no mitigating circumstance.

(A) The Supreme Court finds that the jury erred in finding the existence of any aggravating circumstance for any reason; and

(B) The jury found no mitigating circumstance.

(2) The Supreme Court shall conduct a harmless error review under subdivision (d)(1) of this section by determining that a remaining aggravating circumstance: (A) Exists beyond a reasonable doubt; and (B) Justifies a sentence of death beyond a reasonable doubt.

(A) Exists beyond a reasonable doubt; and

(B) Justifies a sentence of death beyond a reasonable doubt.

(e) If the Supreme Court concludes that the erroneous finding of any aggravating circumstance by the jury would not have changed the jury's decision to impose the death penalty on the defendant, then a simple majority of the court may vote to affirm the defendant's death sentence.

Acts 1975, No. 280, § 1302; 1977, No. 474, § 11; A.S.A. 1947, § 41-1302; Acts 1987, No. 412, § 1.
Ark. Code Ann. § 5-27-208 — AR Code / Title 5 / Chapter 27 / Subchapter 2 / Section 5-27-208
Offensive relations with a child
Status: in_force

(a) A person commits offensive relations with a child if: (1) Being twenty-one (21) years of age or older, he or she knowingly places his or her open mouth on the mouth of another person; (2) The other person is a child thirteen (13) years of age or younger; and (3) The person has the purpose to entice or induce the other person to engage in the following with the person: (A) Sexual intercourse; (B) Deviate sexual activity; or (C) Sexual contact, as defined in § 5-14-101 . (b) Offensive relations with a child is a Class A misdemeanor. (c) It is not a defense to prosecution under this section that the actor does not know the age of the child or believes the child is fourteen (14) years of age or older. Added by Act 2023, No. 738,§ 1, eff. 4/12/2023.

(a) A person commits offensive relations with a child if: (1) Being twenty-one (21) years of age or older, he or she knowingly places his or her open mouth on the mouth of another person; (2) The other person is a child thirteen (13) years of age or younger; and (3) The person has the purpose to entice or induce the other person to engage in the following with the person: (A) Sexual intercourse; (B) Deviate sexual activity; or (C) Sexual contact, as defined in § 5-14-101 .

(1) Being twenty-one (21) years of age or older, he or she knowingly places his or her open mouth on the mouth of another person;

(2) The other person is a child thirteen (13) years of age or younger; and

(3) The person has the purpose to entice or induce the other person to engage in the following with the person: (A) Sexual intercourse; (B) Deviate sexual activity; or (C) Sexual contact, as defined in § 5-14-101 .

(A) Sexual intercourse;

(B) Deviate sexual activity; or

(C) Sexual contact, as defined in § 5-14-101 .

(b) Offensive relations with a child is a Class A misdemeanor.

(c) It is not a defense to prosecution under this section that the actor does not know the age of the child or believes the child is fourteen (14) years of age or older.

Added by Act 2023, No. 738,§ 1, eff. 4/12/2023.
Ark. Code Ann. § 5-27-210 — AR Code / Title 5 / Chapter 27 / Subchapter 2 / Section 5-27-210
Parental responsibility for student's firearm possession
Status: in_force

(a) As used in this section: (1) "Firearm" means: (A) Any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use, including such a device that is not loaded or lacks a clip or other component to render it immediately operable; or (B) Components that can readily be assembled into a device described in subdivision (a)(1)(A) of this section; and (2) "Parent" means a parent, stepparent, legal guardian, or person in loco parentis or who has legal custody of a student pursuant to a court order and with whom the student resides. (b) A parent of a minor is guilty of a Class B misdemeanor if: (1) The parent knows that the minor is in illegal possession of a firearm in or upon: (A) The premises of a public or private school; (B) A public or private school's athletic stadium or other facility or building in which school-sponsored events are conducted; or (C) A public park, playground, or civic center; and (2) The parent fails to: (A) Prevent the illegal possession; or (B) Report the illegal possession to an appropriate school or law enforcement official. Acts 1999, No. 1149, §§ 1, 2.

(a) As used in this section: (1) "Firearm" means: (A) Any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use, including such a device that is not loaded or lacks a clip or other component to render it immediately operable; or (B) Components that can readily be assembled into a device described in subdivision (a)(1)(A) of this section; and (2) "Parent" means a parent, stepparent, legal guardian, or person in loco parentis or who has legal custody of a student pursuant to a court order and with whom the student resides.

(1) "Firearm" means: (A) Any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use, including such a device that is not loaded or lacks a clip or other component to render it immediately operable; or (B) Components that can readily be assembled into a device described in subdivision (a)(1)(A) of this section; and

(A) Any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use, including such a device that is not loaded or lacks a clip or other component to render it immediately operable; or

(B) Components that can readily be assembled into a device described in subdivision (a)(1)(A) of this section; and

(2) "Parent" means a parent, stepparent, legal guardian, or person in loco parentis or who has legal custody of a student pursuant to a court order and with whom the student resides.

(b) A parent of a minor is guilty of a Class B misdemeanor if: (1) The parent knows that the minor is in illegal possession of a firearm in or upon: (A) The premises of a public or private school; (B) A public or private school's athletic stadium or other facility or building in which school-sponsored events are conducted; or (C) A public park, playground, or civic center; and (2) The parent fails to: (A) Prevent the illegal possession; or (B) Report the illegal possession to an appropriate school or law enforcement official.

(1) The parent knows that the minor is in illegal possession of a firearm in or upon: (A) The premises of a public or private school; (B) A public or private school's athletic stadium or other facility or building in which school-sponsored events are conducted; or (C) A public park, playground, or civic center; and

(A) The premises of a public or private school;

(B) A public or private school's athletic stadium or other facility or building in which school-sponsored events are conducted; or

(C) A public park, playground, or civic center; and

(2) The parent fails to: (A) Prevent the illegal possession; or (B) Report the illegal possession to an appropriate school or law enforcement official.

(A) Prevent the illegal possession; or

(B) Report the illegal possession to an appropriate school or law enforcement official.

Acts 1999, No. 1149, §§ 1, 2.
Ark. Code Ann. § 5-42-205 — AR Code / Title 5 / Chapter 42 / Subchapter 2 / Section 5-42-205
Investigative powers
Status: in_force

(a) The prosecuting attorney may file an ex parte petition supported by affidavit or recorded sworn testimony before any judicial officer of competent jurisdiction seeking any record or report required to be made by law. (b) The judicial officer may order the custodian to deliver to the prosecuting attorney any record or report that is required to be made by Arkansas law, including a tax record or report, if the court finds reasonable cause to believe that the record or report requested is needed for a legitimate investigative or prosecutorial purpose and that the investigation or prosecution involves a violation of any predicate criminal offense. (c) The judicial officer may order the custodian to deliver to the prosecuting attorney any record or report that is required to be made by federal law if federal law does not specifically prohibit the record or report's disclosure to a state prosecuting attorney and if the court finds reasonable cause to believe that the record or report requested is needed for a legitimate investigative or prosecutorial purpose and that the investigation or prosecution involves a violation of this section or any predicate criminal offense. (d) (1) Nothing in this section requires a court order when any record or report may currently be obtained pursuant to the prosecuting attorney's subpoena power. (2) However, the prosecuting attorney may use the procedure and burden established in this section to obtain any other record or report, notwithstanding whether the law requires the record or report to be made or a court order for disclosure. (e) Any record or report disclosed under a provision of this section may be introduced as evidence if the record or report is otherwise admissible under the applicable rule of evidence. (f) An individual whose record is obtained shall be notified by the prosecuting attorney ninety (90) days after the order is issued unless a court finds the investigation is continuing and enters an order deferring the notice requirement under this subsection until ninety (90) days after the investigation is completed or until prosecution has been initiated and a motion for discovery granted. Acts 1993, No. 1148, § 5.

(a) The prosecuting attorney may file an ex parte petition supported by affidavit or recorded sworn testimony before any judicial officer of competent jurisdiction seeking any record or report required to be made by law.

(b) The judicial officer may order the custodian to deliver to the prosecuting attorney any record or report that is required to be made by Arkansas law, including a tax record or report, if the court finds reasonable cause to believe that the record or report requested is needed for a legitimate investigative or prosecutorial purpose and that the investigation or prosecution involves a violation of any predicate criminal offense.

(c) The judicial officer may order the custodian to deliver to the prosecuting attorney any record or report that is required to be made by federal law if federal law does not specifically prohibit the record or report's disclosure to a state prosecuting attorney and if the court finds reasonable cause to believe that the record or report requested is needed for a legitimate investigative or prosecutorial purpose and that the investigation or prosecution involves a violation of this section or any predicate criminal offense.

(d) (1) Nothing in this section requires a court order when any record or report may currently be obtained pursuant to the prosecuting attorney's subpoena power. (2) However, the prosecuting attorney may use the procedure and burden established in this section to obtain any other record or report, notwithstanding whether the law requires the record or report to be made or a court order for disclosure.

(1) Nothing in this section requires a court order when any record or report may currently be obtained pursuant to the prosecuting attorney's subpoena power.

(2) However, the prosecuting attorney may use the procedure and burden established in this section to obtain any other record or report, notwithstanding whether the law requires the record or report to be made or a court order for disclosure.

(e) Any record or report disclosed under a provision of this section may be introduced as evidence if the record or report is otherwise admissible under the applicable rule of evidence.

(f) An individual whose record is obtained shall be notified by the prosecuting attorney ninety (90) days after the order is issued unless a court finds the investigation is continuing and enters an order deferring the notice requirement under this subsection until ninety (90) days after the investigation is completed or until prosecution has been initiated and a motion for discovery granted.

Acts 1993, No. 1148, § 5.
Ark. Code Ann. § 5-75-103 — AR Code / Title 5 / Chapter 75 / Section 5-75-103
Implied consent
Status: in_force

(a) Any person who operates or navigates any aircraft or is in actual physical control of any aircraft in this state is deemed to have given consent, subject to the provisions of § 5-75-104 , to a chemical test of his or her blood, breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of his or her breath or blood, if: (1) The operator or navigator is arrested for any offense arising out of an act alleged to have been committed while the person was operating or navigating any aircraft while intoxicated or operating or navigating any aircraft while there was an alcohol concentration of four hundredths (0.04) or more in the person's breath or blood; (2) The person is involved in an accident while operating, navigating, or in actual physical control of any aircraft; or (3) The person is stopped by a law enforcement officer who has reasonable cause to believe that the person, while operating, navigating, or in actual physical control of any aircraft, is intoxicated or has an alcohol concentration of four hundredths (0.04) or more in his or her breath or blood. (b) Any person who is dead, unconscious, or otherwise in a condition rendering him or her incapable of refusal is deemed not to have withdrawn the consent provided by subsection (a) of this section, and a chemical test may be administered subject to the provisions of § 5-75-104 . Amended by Act 2013, No. 361,§ 15, eff. 8/16/2013. Acts 1993, No. 824, § 3; 2001, No. 561, § 18.

(a) Any person who operates or navigates any aircraft or is in actual physical control of any aircraft in this state is deemed to have given consent, subject to the provisions of § 5-75-104 , to a chemical test of his or her blood, breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of his or her breath or blood, if: (1) The operator or navigator is arrested for any offense arising out of an act alleged to have been committed while the person was operating or navigating any aircraft while intoxicated or operating or navigating any aircraft while there was an alcohol concentration of four hundredths (0.04) or more in the person's breath or blood; (2) The person is involved in an accident while operating, navigating, or in actual physical control of any aircraft; or (3) The person is stopped by a law enforcement officer who has reasonable cause to believe that the person, while operating, navigating, or in actual physical control of any aircraft, is intoxicated or has an alcohol concentration of four hundredths (0.04) or more in his or her breath or blood.

(1) The operator or navigator is arrested for any offense arising out of an act alleged to have been committed while the person was operating or navigating any aircraft while intoxicated or operating or navigating any aircraft while there was an alcohol concentration of four hundredths (0.04) or more in the person's breath or blood;

(2) The person is involved in an accident while operating, navigating, or in actual physical control of any aircraft; or

(3) The person is stopped by a law enforcement officer who has reasonable cause to believe that the person, while operating, navigating, or in actual physical control of any aircraft, is intoxicated or has an alcohol concentration of four hundredths (0.04) or more in his or her breath or blood.

(b) Any person who is dead, unconscious, or otherwise in a condition rendering him or her incapable of refusal is deemed not to have withdrawn the consent provided by subsection (a) of this section, and a chemical test may be administered subject to the provisions of § 5-75-104 .

Amended by Act 2013, No. 361,§ 15, eff. 8/16/2013.

Acts 1993, No. 824, § 3; 2001, No. 561, § 18.
Ark. Code Ann. § 5-73-324 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-324
Firearm rights shall not be infringed
Status: in_force

(a) A license to carry a concealed handgun issued under this subchapter shall not be denied, suspended, or revoked because a person was lawfully exercising his or her rights to carry a firearm under the United States Constitution, Amendment 2, the Arkansas Constitution, Article 2, § 5, or the Arkansas Code. (b) The Division of Arkansas State Police shall not promulgate any rule and shall amend any existing rule that would result in a licensee having his or her license to carry a concealed handgun suspended or revoked solely because he or she possessed a handgun and the possession was not in violation of any criminal offense or § 5-73-306 . Added by Act 2017, No. 486,§ 1, eff. 8/1/2017.

(a) A license to carry a concealed handgun issued under this subchapter shall not be denied, suspended, or revoked because a person was lawfully exercising his or her rights to carry a firearm under the United States Constitution, Amendment 2, the Arkansas Constitution, Article 2, § 5, or the Arkansas Code.

(b) The Division of Arkansas State Police shall not promulgate any rule and shall amend any existing rule that would result in a licensee having his or her license to carry a concealed handgun suspended or revoked solely because he or she possessed a handgun and the possession was not in violation of any criminal offense or § 5-73-306 .

Added by Act 2017, No. 486,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 5-36-403 — AR Code / Title 5 / Chapter 36 / Subchapter 4 / Section 5-36-403
Unlawful possession of a theft detection device remover
Status: in_force

(a) A person commits the offense of unlawful possession of a theft detection device remover if the person knowingly possesses any tool or device designed to allow the removal of any theft detection device from any merchandise with the intent to use the tool to remove any theft detection device from any merchandise without the permission of the merchant or person owning or holding the merchandise. (b) (1) The unlawful possession of a theft detection device remover is a Class A misdemeanor. (2) A subsequent violation of this section is a Class D felony. Acts 2001, No. 1194, § 3.

(a) A person commits the offense of unlawful possession of a theft detection device remover if the person knowingly possesses any tool or device designed to allow the removal of any theft detection device from any merchandise with the intent to use the tool to remove any theft detection device from any merchandise without the permission of the merchant or person owning or holding the merchandise.

(b) (1) The unlawful possession of a theft detection device remover is a Class A misdemeanor. (2) A subsequent violation of this section is a Class D felony.

(1) The unlawful possession of a theft detection device remover is a Class A misdemeanor.

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

Acts 2001, No. 1194, § 3.
Ark. Code Ann. § 5-4-206 — AR Code / Title 5 / Chapter 4 / Subchapter 2 / Section 5-4-206
Collection of unpaid restitution - Interception of state income tax returns
Status: in_force

(a) As used in this section, "restitution order" means a sentencing order or other order that imposes a duty on a defendant to pay restitution. (b) A court that orders the payment of restitution as a condition of a defendant's sentence shall note on the restitution order that the restitution may be collected through an interception of the defendant's state income tax return if the defendant has failed to comply with the terms and conditions of the restitution order. (c) If a victim who is to receive restitution under a restitution order informs the prosecuting attorney that he or she has not been paid the ordered restitution in accordance with the restitution order, the prosecuting attorney may file a petition under this section to request the interception of the defendant's state income tax return in order to satisfy the restitution order. (d) (1) A petition filed under this section shall be filed under the same case number as the original criminal offense. (2) A defendant subject to the restitution order shall be served a copy of the petition and given notice of the hearing under the applicable rules of procedure. (e) (1) The court shall order the interception of the defendant's state income tax return in an amount sufficient to satisfy the restitution order if it finds that: (A) The defendant has knowingly failed to abide by the terms and conditions of the restitution order; and (B) There exist no mitigating factors that would justify the nonpayment of restitution. (2) An order under this subsection shall remain in force until the restitution amount in the court's order has been satisfied through interception of the defendant's state income tax return or by other means. (f) (1) After obtaining an order under subsection (e) of this section, the prosecuting attorney or other county official or entity with a duty to collect restitution may proceed under § 26-36-301 et seq. to collect the owed restitution from the defendant's state income tax return. (2) The Department of Finance and Administration shall promulgate rules to implement subdivision (f)(1) of this section. Amended by Act 2023, No. 659,§ 9, eff. 1/1/2024. Added by Act 2015, No. 837,§ 1, eff. 7/22/2015.

(a) As used in this section, "restitution order" means a sentencing order or other order that imposes a duty on a defendant to pay restitution.

(b) A court that orders the payment of restitution as a condition of a defendant's sentence shall note on the restitution order that the restitution may be collected through an interception of the defendant's state income tax return if the defendant has failed to comply with the terms and conditions of the restitution order.

(c) If a victim who is to receive restitution under a restitution order informs the prosecuting attorney that he or she has not been paid the ordered restitution in accordance with the restitution order, the prosecuting attorney may file a petition under this section to request the interception of the defendant's state income tax return in order to satisfy the restitution order.

(d) (1) A petition filed under this section shall be filed under the same case number as the original criminal offense. (2) A defendant subject to the restitution order shall be served a copy of the petition and given notice of the hearing under the applicable rules of procedure.

(1) A petition filed under this section shall be filed under the same case number as the original criminal offense.

(2) A defendant subject to the restitution order shall be served a copy of the petition and given notice of the hearing under the applicable rules of procedure.

(e) (1) The court shall order the interception of the defendant's state income tax return in an amount sufficient to satisfy the restitution order if it finds that: (A) The defendant has knowingly failed to abide by the terms and conditions of the restitution order; and (B) There exist no mitigating factors that would justify the nonpayment of restitution. (2) An order under this subsection shall remain in force until the restitution amount in the court's order has been satisfied through interception of the defendant's state income tax return or by other means.

(1) The court shall order the interception of the defendant's state income tax return in an amount sufficient to satisfy the restitution order if it finds that: (A) The defendant has knowingly failed to abide by the terms and conditions of the restitution order; and (B) There exist no mitigating factors that would justify the nonpayment of restitution.

(A) The defendant has knowingly failed to abide by the terms and conditions of the restitution order; and

(B) There exist no mitigating factors that would justify the nonpayment of restitution.

(2) An order under this subsection shall remain in force until the restitution amount in the court's order has been satisfied through interception of the defendant's state income tax return or by other means.

(f) (1) After obtaining an order under subsection (e) of this section, the prosecuting attorney or other county official or entity with a duty to collect restitution may proceed under § 26-36-301 et seq. to collect the owed restitution from the defendant's state income tax return. (2) The Department of Finance and Administration shall promulgate rules to implement subdivision (f)(1) of this section.

(1) After obtaining an order under subsection (e) of this section, the prosecuting attorney or other county official or entity with a duty to collect restitution may proceed under § 26-36-301 et seq. to collect the owed restitution from the defendant's state income tax return.

(2) The Department of Finance and Administration shall promulgate rules to implement subdivision (f)(1) of this section.

Amended by Act 2023, No. 659,§ 9, eff. 1/1/2024.

Added by Act 2015, No. 837,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 5-64-1001 — AR Code / Title 5 / Chapter 64 / Subchapter 10 / Section 5-64-1001
Recordkeeping required
Status: in_force

Any manufacturer, wholesaler, retailer, or other person that sells, transfers, or otherwise furnishes any of the following substances to any person in this state shall maintain accurate records of those transactions: (1) Phenylpropanolamine; (2) Methylamine; (3) Ethylamine; (4) D-lysergic acid; (5) Ergotamine tartrate; (6) Diethyl malonate; (7) Malonic acid; (8) Ethyl malonate; (9) Barbituric acid; (10) Piperidine; (11) N-acetylanthranilic acid; (12) Pyrrolidine; (13) Anthranilic acid; (14) Ephedrine; (15) Norpseudoephedrine; (16) Phenylacetic acid; (17) Morpholine; and (18) Pseudoephedrine. Acts 1989, No. 518, § 1.

Any manufacturer, wholesaler, retailer, or other person that sells, transfers, or otherwise furnishes any of the following substances to any person in this state shall maintain accurate records of those transactions:

(1) Phenylpropanolamine;

(2) Methylamine;

(3) Ethylamine;

(4) D-lysergic acid;

(5) Ergotamine tartrate;

(6) Diethyl malonate;

(7) Malonic acid;

(8) Ethyl malonate;

(9) Barbituric acid;

(10) Piperidine;

(11) N-acetylanthranilic acid;

(12) Pyrrolidine;

(13) Anthranilic acid;

(14) Ephedrine;

(15) Norpseudoephedrine;

(16) Phenylacetic acid;

(17) Morpholine; and

(18) Pseudoephedrine.

Acts 1989, No. 518, § 1.
Ark. Code Ann. § 5-54-204 — AR Code / Title 5 / Chapter 54 / Subchapter 2 / Section 5-54-204
Falsely communicating a terrorist threat
Status: in_force

(a) A person commits the offense of falsely communicating a terrorist threat if, in any manner, the person knowingly makes a threat to commit or cause to be committed a terrorist act or otherwise creates the impression or belief that a terrorist act is about to be or has been committed or in any manner knowingly makes a threat to commit or cause to be committed a catastrophe, as defined under § 5-38-202 , that the person knows is false. (b) Falsely communicating a terrorist threat is a Class B felony. Acts 2003, No. 1342, § 3.

(a) A person commits the offense of falsely communicating a terrorist threat if, in any manner, the person knowingly makes a threat to commit or cause to be committed a terrorist act or otherwise creates the impression or belief that a terrorist act is about to be or has been committed or in any manner knowingly makes a threat to commit or cause to be committed a catastrophe, as defined under § 5-38-202 , that the person knows is false.

(b) Falsely communicating a terrorist threat is a Class B felony.

Acts 2003, No. 1342, § 3.
Ark. Code Ann. § 5-76-106 — AR Code / Title 5 / Chapter 76 / Section 5-76-106
[Repealed]
Status: repealed

Repealed by Act 2015, No. 299,§ 16, eff. 7/22/2015. Acts 1995, No. 518, § 13.

Repealed by Act 2015, No. 299,§ 16, eff. 7/22/2015.

Acts 1995, No. 518, § 13.
Ark. Code Ann. § 5-64-210 — AR Code / Title 5 / Chapter 64 / Subchapter 2 / Section 5-64-210
Substances in Schedule IV
Status: in_force

Schedule IV includes any material, compound, mixture, or preparation that contains any quantity of tramadol or that contains any of tramadol's salts, isomers, or salts of isomers. Acts 2007, No. 558, § 1; No. 585, § 1.

Schedule IV includes any material, compound, mixture, or preparation that contains any quantity of tramadol or that contains any of tramadol's salts, isomers, or salts of isomers.

Acts 2007, No. 558, § 1; No. 585, § 1.
Ark. Code Ann. § 5-63-301 — AR Code / Title 5 / Chapter 63 / Subchapter 3 / Section 5-63-301
Definitions
Status: in_force

As used in this subchapter: (1) "Debt adjuster" means a person who engages in, attempts to engage in, or offers to engage in the practice or business of debt adjusting; (2) "Debt adjusting" means the: (A) Entering into or making of a contract, express or implied, with a particular debtor in which the debtor agrees to pay a certain amount of money periodically to the person engaged in the debt adjusting business that, for a consideration, agrees to distribute, or distributes, the money among certain specified creditors in accordance with an agreed upon plan; or (B) Business or practice of any person that holds oneself out as acting or offering or attempting to act for a consideration as an intermediary between a debtor and the debtor's creditors for the purpose of settling, compounding, or in anyway altering the terms of payment of any debt of a debtor and, to that end, receives money or other property from the debtor or on behalf of the debtor for the payment to or distribution among the creditors of the debtor; (3) "Debtor" means an individual and includes two (2) or more individuals who are jointly and severally, or jointly or severally, indebted to a creditor; and (4) "Person" includes an individual, partnership, association, and corporation. Acts 1967, No. 61, § 1; A.S.A. 1947, § 41-4157.

As used in this subchapter:

(1) "Debt adjuster" means a person who engages in, attempts to engage in, or offers to engage in the practice or business of debt adjusting;

(2) "Debt adjusting" means the: (A) Entering into or making of a contract, express or implied, with a particular debtor in which the debtor agrees to pay a certain amount of money periodically to the person engaged in the debt adjusting business that, for a consideration, agrees to distribute, or distributes, the money among certain specified creditors in accordance with an agreed upon plan; or (B) Business or practice of any person that holds oneself out as acting or offering or attempting to act for a consideration as an intermediary between a debtor and the debtor's creditors for the purpose of settling, compounding, or in anyway altering the terms of payment of any debt of a debtor and, to that end, receives money or other property from the debtor or on behalf of the debtor for the payment to or distribution among the creditors of the debtor;

(A) Entering into or making of a contract, express or implied, with a particular debtor in which the debtor agrees to pay a certain amount of money periodically to the person engaged in the debt adjusting business that, for a consideration, agrees to distribute, or distributes, the money among certain specified creditors in accordance with an agreed upon plan; or

(B) Business or practice of any person that holds oneself out as acting or offering or attempting to act for a consideration as an intermediary between a debtor and the debtor's creditors for the purpose of settling, compounding, or in anyway altering the terms of payment of any debt of a debtor and, to that end, receives money or other property from the debtor or on behalf of the debtor for the payment to or distribution among the creditors of the debtor;

(3) "Debtor" means an individual and includes two (2) or more individuals who are jointly and severally, or jointly or severally, indebted to a creditor; and

(4) "Person" includes an individual, partnership, association, and corporation.

Acts 1967, No. 61, § 1; A.S.A. 1947, § 41-4157.
Ark. Code Ann. § 5-64-203 — AR Code / Title 5 / Chapter 64 / Subchapter 2 / Section 5-64-203
Criteria for Schedule I
Status: in_force

The Secretary of the Department of Health shall place a substance in Schedule I if he or she finds that the substance has: (1) High potential for abuse; and (2) No accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision. Amended by Act 2019, No. 910,§ 4832, eff. 7/1/2019. Acts 1971, No. 590, Art. 2, § 3; 1973, No. 186, § 1; 1979, No. 898, § 5; A.S.A. 1947, § 82-2604.

The Secretary of the Department of Health shall place a substance in Schedule I if he or she finds that the substance has:

(1) High potential for abuse; and

(2) No accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.

Amended by Act 2019, No. 910,§ 4832, eff. 7/1/2019.

Acts 1971, No. 590, Art. 2, § 3; 1973, No. 186, § 1; 1979, No. 898, § 5; A.S.A. 1947, § 82-2604.
Ark. Code Ann. § 5-14-201 — AR Code / Title 5 / Chapter 14 / Subchapter 2 / Section 5-14-201
Definitions
Status: in_force

As used in this subchapter: (1) "Relevant medical record" means a medical record of a person charged with having committed a sex crime that contains information that may reveal a health risk to the victim; and (2) "Sex crime" means any offense described in § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 , or § 5-70-101 et seq. Amended by Act 2023, No. 619,§ 7, eff. 8/1/2023. Acts 2001, No. 1709, § 1.

As used in this subchapter:

(1) "Relevant medical record" means a medical record of a person charged with having committed a sex crime that contains information that may reveal a health risk to the victim; and

(2) "Sex crime" means any offense described in § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 , or § 5-70-101 et seq.

Amended by Act 2023, No. 619,§ 7, eff. 8/1/2023.

Acts 2001, No. 1709, § 1.
Ark. Code Ann. § 5-64-1104 — AR Code / Title 5 / Chapter 64 / Subchapter 11 / Section 5-64-1104
Sales records - Entering transactions into real-time electronic logbook - Purchaser's proof of identity
Status: in_force

(a) A pharmacy shall: (1) Maintain a written or electronic log or receipts of transactions involving the sale of ephedrine, pseudoephedrine, or phenylpropanolamine; and (2) Enter any transaction required to be maintained by this section into the real-time electronic logbook maintained by the Arkansas Crime Information Center under § 5-64-1106 . (b) A person purchasing, receiving, or otherwise acquiring ephedrine, pseudoephedrine, or phenylpropanolamine shall: (1) Produce current and valid proof of identity; and (2) Sign a written log or an electronic log or a receipt that documents the date of the transaction, the name of the person, and the quantity of ephedrine, pseudoephedrine, or phenylypropanolamine purchased, received, or otherwise acquired. (c) The requirements of subsection (a) of this section and subdivision (b)(2) of this section are satisfied by entering the information required to be produced into the real-time electronic logbook maintained by the Arkansas Crime Information Center under § 5-64-1106 . Acts 2007, No. 508, § 2; 2007, No. 827, § 69.

(a) A pharmacy shall: (1) Maintain a written or electronic log or receipts of transactions involving the sale of ephedrine, pseudoephedrine, or phenylpropanolamine; and (2) Enter any transaction required to be maintained by this section into the real-time electronic logbook maintained by the Arkansas Crime Information Center under § 5-64-1106 .

(1) Maintain a written or electronic log or receipts of transactions involving the sale of ephedrine, pseudoephedrine, or phenylpropanolamine; and

(2) Enter any transaction required to be maintained by this section into the real-time electronic logbook maintained by the Arkansas Crime Information Center under § 5-64-1106 .

(b) A person purchasing, receiving, or otherwise acquiring ephedrine, pseudoephedrine, or phenylpropanolamine shall: (1) Produce current and valid proof of identity; and (2) Sign a written log or an electronic log or a receipt that documents the date of the transaction, the name of the person, and the quantity of ephedrine, pseudoephedrine, or phenylypropanolamine purchased, received, or otherwise acquired.

(1) Produce current and valid proof of identity; and

(2) Sign a written log or an electronic log or a receipt that documents the date of the transaction, the name of the person, and the quantity of ephedrine, pseudoephedrine, or phenylypropanolamine purchased, received, or otherwise acquired.

(c) The requirements of subsection (a) of this section and subdivision (b)(2) of this section are satisfied by entering the information required to be produced into the real-time electronic logbook maintained by the Arkansas Crime Information Center under § 5-64-1106 .

Acts 2007, No. 508, § 2; 2007, No. 827, § 69.
Ark. Code Ann. § 5-2-308 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-308
Expert witnesses - Mental health examiner
Status: in_force

(a) (1) At a hearing concerning a defendant's lack of criminal responsibility or fitness to proceed, or upon trial, an examiner who conducted an examination under § 5-2-327 or § 5-2-328 may be called as a witness by the prosecution, the defendant, or the court. (2) If the examiner is called by the court, he or she is subject to cross-examination by the prosecution and by the defendant. (b) Both the prosecution and the defendant may summon any other qualified physician or other expert to testify. Amended by Act 2017, No. 472,§ 7, eff. 8/1/2017. Acts 1975, No. 280, § 611; A.S.A. 1947, § 41-611.

(a) (1) At a hearing concerning a defendant's lack of criminal responsibility or fitness to proceed, or upon trial, an examiner who conducted an examination under § 5-2-327 or § 5-2-328 may be called as a witness by the prosecution, the defendant, or the court. (2) If the examiner is called by the court, he or she is subject to cross-examination by the prosecution and by the defendant.

(1) At a hearing concerning a defendant's lack of criminal responsibility or fitness to proceed, or upon trial, an examiner who conducted an examination under § 5-2-327 or § 5-2-328 may be called as a witness by the prosecution, the defendant, or the court.

(2) If the examiner is called by the court, he or she is subject to cross-examination by the prosecution and by the defendant.

(b) Both the prosecution and the defendant may summon any other qualified physician or other expert to testify.

Amended by Act 2017, No. 472,§ 7, eff. 8/1/2017.

Acts 1975, No. 280, § 611; A.S.A. 1947, § 41-611.
Ark. Code Ann. § 5-38-303 — AR Code / Title 5 / Chapter 38 / Subchapter 3 / Section 5-38-303
Failure to control or report a dangerous fire
Status: in_force

(a) A person commits the offense of failure to control or report a dangerous fire if the person knows that a fire is unattended and is endangering the life, physical safety, or a substantial amount of property of another person, and the person: (1) Fails to act in a reasonable manner to put out or control the fire when he or she can do so without substantial risk to himself or herself; or (2) Fails to act in a reasonable manner to report the fire. (b) Failure to control or report a dangerous fire is a Class B misdemeanor. Acts 1975, No. 280, § 1904; A.S.A. 1947, § 41-1904.

(a) A person commits the offense of failure to control or report a dangerous fire if the person knows that a fire is unattended and is endangering the life, physical safety, or a substantial amount of property of another person, and the person: (1) Fails to act in a reasonable manner to put out or control the fire when he or she can do so without substantial risk to himself or herself; or (2) Fails to act in a reasonable manner to report the fire.

(1) Fails to act in a reasonable manner to put out or control the fire when he or she can do so without substantial risk to himself or herself; or

(2) Fails to act in a reasonable manner to report the fire.

(b) Failure to control or report a dangerous fire is a Class B misdemeanor.

Acts 1975, No. 280, § 1904; A.S.A. 1947, § 41-1904.
Ark. Code Ann. § 5-54-115 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-115
Permitting escape or unauthorized departure in the second degree
Status: in_force

(a) A public servant is responsible for the supervision of persons from: (1) A correctional facility; (2) Custody; or (3) Pursuant to a court order or petition in: (A) The Arkansas State Hospital; or (B) A juvenile detention facility or youth services program. (b) A public servant, as listed in subdivision (a)(3) of this section, commits the offense of permitting escape or unauthorized departure in the second degree if he or she recklessly permits a person to escape or make an unauthorized departure. (c) Permitting escape or unauthorized departure in the second degree is a Class A misdemeanor. Acts 1975, No. 280, § 2815; A.S.A. 1947, § 41-2815; Acts 1997, No. 1229, § 5; 1997, No. 1299, § 5; 2005, No. 1994, § 329.

(a) A public servant is responsible for the supervision of persons from: (1) A correctional facility; (2) Custody; or (3) Pursuant to a court order or petition in: (A) The Arkansas State Hospital; or (B) A juvenile detention facility or youth services program.

(1) A correctional facility;

(2) Custody; or

(3) Pursuant to a court order or petition in: (A) The Arkansas State Hospital; or (B) A juvenile detention facility or youth services program.

(A) The Arkansas State Hospital; or

(B) A juvenile detention facility or youth services program.

(b) A public servant, as listed in subdivision (a)(3) of this section, commits the offense of permitting escape or unauthorized departure in the second degree if he or she recklessly permits a person to escape or make an unauthorized departure.

(c) Permitting escape or unauthorized departure in the second degree is a Class A misdemeanor.

Acts 1975, No. 280, § 2815; A.S.A. 1947, § 41-2815; Acts 1997, No. 1229, § 5; 1997, No. 1299, § 5; 2005, No. 1994, § 329.
Ark. Code Ann. § 5-4-902 — AR Code / Title 5 / Chapter 4 / Subchapter 9 / Section 5-4-902
Definitions
Status: in_force

As used in this subchapter, "pre-adjudication" means the period of time after: (1) The prosecuting attorney files a criminal information or an indictment is filed in circuit court; (2) The person named in the criminal information or indictment is arraigned on the charge in circuit court; and (3) The person enters the program without a guilty plea or the person enters a plea of guilty but before the circuit court enters a judgment and pronounces a sentence against the person. Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.

As used in this subchapter, "pre-adjudication" means the period of time after:

(1) The prosecuting attorney files a criminal information or an indictment is filed in circuit court;

(2) The person named in the criminal information or indictment is arraigned on the charge in circuit court; and

(3) The person enters the program without a guilty plea or the person enters a plea of guilty but before the circuit court enters a judgment and pronounces a sentence against the person.

Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-67-104 — AR Code / Title 5 / Chapter 67 / Section 5-67-104
Violation of posted bridge prohibitions
Status: in_force

(a) It is unlawful for any person owning or operating a motor vehicle that in any way exceeds or violates any properly posted limitation, regulation, rule, or restriction governing the use of a bridge structure to use the bridge structure so long as the use violates any posted prohibition. (b) (1) Any unlawful action resulting in a violation of a provision of subsection (a) of this section is a violation and upon conviction the person shall be punished by a fine of not more than two hundred dollars ($200). (2) The person is liable for the costs to restore the damage and injury to the bridge structure occasioned by the violation. Amended by Act 2019, No. 315,§ 169, eff. 7/24/2019. Acts 1971, No. 249, §§ 2, 3; A.S.A. 1947, §§ 41-3365, 41-3366; Acts 2005, No. 1994, § 54.

(a) It is unlawful for any person owning or operating a motor vehicle that in any way exceeds or violates any properly posted limitation, regulation, rule, or restriction governing the use of a bridge structure to use the bridge structure so long as the use violates any posted prohibition.

(b) (1) Any unlawful action resulting in a violation of a provision of subsection (a) of this section is a violation and upon conviction the person shall be punished by a fine of not more than two hundred dollars ($200). (2) The person is liable for the costs to restore the damage and injury to the bridge structure occasioned by the violation.

(1) Any unlawful action resulting in a violation of a provision of subsection (a) of this section is a violation and upon conviction the person shall be punished by a fine of not more than two hundred dollars ($200).

(2) The person is liable for the costs to restore the damage and injury to the bridge structure occasioned by the violation.

Amended by Act 2019, No. 315,§ 169, eff. 7/24/2019.

Acts 1971, No. 249, §§ 2, 3; A.S.A. 1947, §§ 41-3365, 41-3366; Acts 2005, No. 1994, § 54.
Ark. Code Ann. § 5-2-209 — AR Code / Title 5 / Chapter 2 / Subchapter 2 / Section 5-2-209
Entrapment
Status: in_force

(a) It is an affirmative defense that the defendant was entrapped into committing an offense. (b) (1) Entrapment occurs when a law enforcement officer or any person acting in cooperation with a law enforcement officer induces the commission of an offense by using persuasion or other means likely to cause a normally law-abiding person to commit the offense. (2) Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment. Acts 1975, No. 280, § 209; A.S.A. 1947, § 41-209.

(a) It is an affirmative defense that the defendant was entrapped into committing an offense.

(b) (1) Entrapment occurs when a law enforcement officer or any person acting in cooperation with a law enforcement officer induces the commission of an offense by using persuasion or other means likely to cause a normally law-abiding person to commit the offense. (2) Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.

(1) Entrapment occurs when a law enforcement officer or any person acting in cooperation with a law enforcement officer induces the commission of an offense by using persuasion or other means likely to cause a normally law-abiding person to commit the offense.

(2) Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.

Acts 1975, No. 280, § 209; A.S.A. 1947, § 41-209.
Ark. Code Ann. § 5-51-301 — AR Code / Title 5 / Chapter 51 / Subchapter 3 / Section 5-51-301
Title
Status: in_force

This subchapter may be cited as the "Sabotage Prevention Act". Acts 1941, No. 312, § 1A; A.S.A. 1947, § 41-3959.

This subchapter may be cited as the "Sabotage Prevention Act".

Acts 1941, No. 312, § 1A; A.S.A. 1947, § 41-3959.
Ark. Code Ann. § 5-18-106 — AR Code / Title 5 / Chapter 18 / Section 5-18-106
Grooming a minor for future sex trafficking
Status: in_force

(a) A person commits grooming a minor for future sex trafficking if the person knowingly grooms a minor with a purpose to make it more likely that the minor can be enticed or induced into a future sex trafficking act with a person. (b) Grooming a minor for future sex trafficking is a Class B felony. (c) (1) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000). (2) Fine payments received under subdivision (c)(1) of this section shall be deposited as follows: (A) Fifty percent (50%) into the Safe Harbor Fund for Sexually Exploited Children; and (B) Fifty percent (50%) into the Human Trafficking Victim Support Fund. Amended by Act 2023, No. 327,§ 5, eff. 8/1/2023. Added by Act 2021, No. 1098,§ 3, eff. 7/28/2021.

(a) A person commits grooming a minor for future sex trafficking if the person knowingly grooms a minor with a purpose to make it more likely that the minor can be enticed or induced into a future sex trafficking act with a person.

(b) Grooming a minor for future sex trafficking is a Class B felony.

(c) (1) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000). (2) Fine payments received under subdivision (c)(1) of this section shall be deposited as follows: (A) Fifty percent (50%) into the Safe Harbor Fund for Sexually Exploited Children; and (B) Fifty percent (50%) into the Human Trafficking Victim Support Fund.

(1) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000).

(2) Fine payments received under subdivision (c)(1) of this section shall be deposited as follows: (A) Fifty percent (50%) into the Safe Harbor Fund for Sexually Exploited Children; and (B) Fifty percent (50%) into the Human Trafficking Victim Support Fund.

(A) Fifty percent (50%) into the Safe Harbor Fund for Sexually Exploited Children; and

(B) Fifty percent (50%) into the Human Trafficking Victim Support Fund.

Amended by Act 2023, No. 327,§ 5, eff. 8/1/2023.

Added by Act 2021, No. 1098,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 5-54-109 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-109
Refusing to assist law enforcement officer
Status: in_force

(a) A person commits the offense of refusing to assist a law enforcement officer if, upon command by a person known by him or her to be a law enforcement officer, the person unreasonably refuses or fails to assist in effecting a lawful arrest or preventing another person from committing an offense. (b) Refusing to assist a law enforcement officer is a Class C misdemeanor. Acts 1975, No. 280, § 2809; A.S.A. 1947, § 41-2809.

(a) A person commits the offense of refusing to assist a law enforcement officer if, upon command by a person known by him or her to be a law enforcement officer, the person unreasonably refuses or fails to assist in effecting a lawful arrest or preventing another person from committing an offense.

(b) Refusing to assist a law enforcement officer is a Class C misdemeanor.

Acts 1975, No. 280, § 2809; A.S.A. 1947, § 41-2809.
Ark. Code Ann. § 5-11-108 — AR Code / Title 5 / Chapter 11 / Section 5-11-108
[Repealed]
Status: repealed

Repealed by Act 2013, No. 133,§ 2, eff. 8/16/2013. Repealed by Act 2013, No. 132,§ 2, eff. 8/16/2013. Acts 2005, No. 2267, § 1.

Repealed by Act 2013, No. 133,§ 2, eff. 8/16/2013.

Repealed by Act 2013, No. 132,§ 2, eff. 8/16/2013.

Acts 2005, No. 2267, § 1.
Ark. Code Ann. § 5-37-524 — AR Code / Title 5 / Chapter 37 / Subchapter 5 / Section 5-37-524
Fraud in the acquisition of authorization to provide motor vehicle transportation of property
Status: in_force

(a) It is the intent of this section to deter a person from using a telephone or another electronic means of communication to obtain authorization from any person in this state to transport the property of another person by motor vehicle, whether the property is to be transported within or without this state, and to thereafter fail to deliver the property in the manner prescribed in the contract or to appropriate the property contracted to be transported, or the proceeds from the property contracted to be transported, to the actor's own use. (b) A person commits fraud in the acquisition of authorization to provide motor vehicle transportation of property if the person obtains authority by telephone, wire, or other electronic means from any person in this state to transport a good within or without this state and thereafter: (1) Fails to deliver the good in the time and manner prescribed by the contract, with intent to defraud the owner or shipper of the good; (2) Appropriates to the actor's own use the good contracted to be transported; or (3) Appropriates to the actor's own use the proceeds from the sale, barter, or other transfer of ownership of the good contracted to be transported. (c) Fraud in the acquisition of authorization to provide motor vehicle transportation of property is a Class D felony. Acts 1983, No. 156, §§ 1, 2; A.S.A. 1947, §§ 41-2377, 41-2378.

(a) It is the intent of this section to deter a person from using a telephone or another electronic means of communication to obtain authorization from any person in this state to transport the property of another person by motor vehicle, whether the property is to be transported within or without this state, and to thereafter fail to deliver the property in the manner prescribed in the contract or to appropriate the property contracted to be transported, or the proceeds from the property contracted to be transported, to the actor's own use.

(b) A person commits fraud in the acquisition of authorization to provide motor vehicle transportation of property if the person obtains authority by telephone, wire, or other electronic means from any person in this state to transport a good within or without this state and thereafter: (1) Fails to deliver the good in the time and manner prescribed by the contract, with intent to defraud the owner or shipper of the good; (2) Appropriates to the actor's own use the good contracted to be transported; or (3) Appropriates to the actor's own use the proceeds from the sale, barter, or other transfer of ownership of the good contracted to be transported.

(1) Fails to deliver the good in the time and manner prescribed by the contract, with intent to defraud the owner or shipper of the good;

(2) Appropriates to the actor's own use the good contracted to be transported; or

(3) Appropriates to the actor's own use the proceeds from the sale, barter, or other transfer of ownership of the good contracted to be transported.

(c) Fraud in the acquisition of authorization to provide motor vehicle transportation of property is a Class D felony.

Acts 1983, No. 156, §§ 1, 2; A.S.A. 1947, §§ 41-2377, 41-2378.
Ark. Code Ann. § 5-73-317 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-317
Rules
Status: in_force

The Director of the Division of Arkansas State Police may promulgate rules to permit the efficient administration of this subchapter. Amended by Act 2019, No. 315,§ 172, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5750, eff. 7/1/2019. Acts 1995, No. 411, § 8; 1995, No. 419, § 8.

The Director of the Division of Arkansas State Police may promulgate rules to permit the efficient administration of this subchapter.

Amended by Act 2019, No. 315,§ 172, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5750, eff. 7/1/2019.

Acts 1995, No. 411, § 8; 1995, No. 419, § 8.
Ark. Code Ann. § 5-73-302 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-302
Authority to issue license
Status: in_force

(a) The Director of the Division of Arkansas State Police may issue a license to carry a concealed handgun to a person qualified as provided in this subchapter. (b) (1) For new licenses issued after July 31, 2007, the license to carry a concealed handgun is valid throughout the state for a period of five (5) years from the date of issuance. (2) After July 31, 2007, upon renewal, an existing valid license to carry a concealed handgun shall be issued for a period of five (5) years. (c) (1) (A) After July 31, 2007, a license or renewal of a license issued to a former elected or appointed sheriff of any county of this state shall be issued for a period of five (5) years. (B) The license issued to a former elected or appointed sheriff is revocable on the same grounds as other licenses. (2) (A) The former elected or appointed sheriff shall meet the same qualifications as all other applicants. (B) However, the former elected or appointed sheriff is exempt from the fee prescribed by § 5-73-311(a)(2) and from the training requirements of § 5-73-309(13) for issuance. Amended by Act 2019, No. 910,§ 5736, eff. 7/1/2019. Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 389, § 1; 2007, No. 1014, §§ 1, 3.

(a) The Director of the Division of Arkansas State Police may issue a license to carry a concealed handgun to a person qualified as provided in this subchapter.

(b) (1) For new licenses issued after July 31, 2007, the license to carry a concealed handgun is valid throughout the state for a period of five (5) years from the date of issuance. (2) After July 31, 2007, upon renewal, an existing valid license to carry a concealed handgun shall be issued for a period of five (5) years.

(1) For new licenses issued after July 31, 2007, the license to carry a concealed handgun is valid throughout the state for a period of five (5) years from the date of issuance.

(2) After July 31, 2007, upon renewal, an existing valid license to carry a concealed handgun shall be issued for a period of five (5) years.

(c) (1) (A) After July 31, 2007, a license or renewal of a license issued to a former elected or appointed sheriff of any county of this state shall be issued for a period of five (5) years. (B) The license issued to a former elected or appointed sheriff is revocable on the same grounds as other licenses. (2) (A) The former elected or appointed sheriff shall meet the same qualifications as all other applicants. (B) However, the former elected or appointed sheriff is exempt from the fee prescribed by § 5-73-311(a)(2) and from the training requirements of § 5-73-309(13) for issuance.

(1) (A) After July 31, 2007, a license or renewal of a license issued to a former elected or appointed sheriff of any county of this state shall be issued for a period of five (5) years. (B) The license issued to a former elected or appointed sheriff is revocable on the same grounds as other licenses.

(A) After July 31, 2007, a license or renewal of a license issued to a former elected or appointed sheriff of any county of this state shall be issued for a period of five (5) years.

(B) The license issued to a former elected or appointed sheriff is revocable on the same grounds as other licenses.

(2) (A) The former elected or appointed sheriff shall meet the same qualifications as all other applicants. (B) However, the former elected or appointed sheriff is exempt from the fee prescribed by § 5-73-311(a)(2) and from the training requirements of § 5-73-309(13) for issuance.

(A) The former elected or appointed sheriff shall meet the same qualifications as all other applicants.

(B) However, the former elected or appointed sheriff is exempt from the fee prescribed by § 5-73-311(a)(2) and from the training requirements of § 5-73-309(13) for issuance.

Amended by Act 2019, No. 910,§ 5736, eff. 7/1/2019.

Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 389, § 1; 2007, No. 1014, §§ 1, 3.
Ark. Code Ann. § 5-37-209 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-209
Criminal possession of a forgery device
Status: in_force

(a) A person commits criminal possession of a forgery device if he or she makes or possesses any device, apparatus, equipment, or article capable of or adaptable to a use in forging a written instrument with the purpose to use it himself or herself, or to aid or permit another person to use it, to commit forgery. (b) Criminal possession of a forgery device is a Class C felony. Acts 1975, No. 280, § 2312; A.S.A. 1947, § 41-2312.

(a) A person commits criminal possession of a forgery device if he or she makes or possesses any device, apparatus, equipment, or article capable of or adaptable to a use in forging a written instrument with the purpose to use it himself or herself, or to aid or permit another person to use it, to commit forgery.

(b) Criminal possession of a forgery device is a Class C felony.

Acts 1975, No. 280, § 2312; A.S.A. 1947, § 41-2312.
Ark. Code Ann. § 5-10-107 — AR Code / Title 5 / Chapter 10 / Section 5-10-107
Encouraging the suicide of another person
Status: in_force

(a) As used in this section, "encourage" means to persuade, incite, or urge. (b) A person commits the offense of encouraging the suicide of another person if: (1) The person uses persistent language, either spoken or written, to purposely encourage another person to commit suicide; and (2) As a proximate result of the person's encouraging the suicide of the other person, the other person commits suicide or attempts to commit suicide and the attempt results in serious physical injury. (c) Encouraging the suicide of another person is a Class D felony. (d) A person may not be convicted of encouraging the suicide of another person if the person has been charged with, tried for, or convicted of a homicide offense under the theory of accomplice liability that arises out of the same set of facts. Added by Act 2019, No. 962,§ 1, eff. 7/24/2019.

(a) As used in this section, "encourage" means to persuade, incite, or urge.

(b) A person commits the offense of encouraging the suicide of another person if: (1) The person uses persistent language, either spoken or written, to purposely encourage another person to commit suicide; and (2) As a proximate result of the person's encouraging the suicide of the other person, the other person commits suicide or attempts to commit suicide and the attempt results in serious physical injury.

(1) The person uses persistent language, either spoken or written, to purposely encourage another person to commit suicide; and

(2) As a proximate result of the person's encouraging the suicide of the other person, the other person commits suicide or attempts to commit suicide and the attempt results in serious physical injury.

(c) Encouraging the suicide of another person is a Class D felony.

(d) A person may not be convicted of encouraging the suicide of another person if the person has been charged with, tried for, or convicted of a homicide offense under the theory of accomplice liability that arises out of the same set of facts.

Added by Act 2019, No. 962,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 5-38-311 — AR Code / Title 5 / Chapter 38 / Subchapter 3 / Section 5-38-311
Unlawful burning - Miscellaneous felonies
Status: in_force

(a) The following acts are Class C felonies: (1) Purposely setting on fire the land of another person; (2) Starting a fire on the person's own land that he or she has leased or is under his or her control with the intent of letting the fire escape to the land of another person; and (3) The destruction or injuring of, or theft of, any telephone line, tower, building, tool, or equipment used in the detection, reporting, or suppression of fires. (b) No bond for costs shall be required in any court of this state for prosecution for violation of a provision of this section. Acts 1935, No. 85, §§ 2, 8; Pope's Dig., §§ 3050, 3056; Acts 1979, No. 225, § 1; 1981, No. 845, § 3; A.S.A. 1947, §§ 41-1952, 41-1958; Acts 2005, No. 1994, § 416.

(a) The following acts are Class C felonies: (1) Purposely setting on fire the land of another person; (2) Starting a fire on the person's own land that he or she has leased or is under his or her control with the intent of letting the fire escape to the land of another person; and (3) The destruction or injuring of, or theft of, any telephone line, tower, building, tool, or equipment used in the detection, reporting, or suppression of fires.

(1) Purposely setting on fire the land of another person;

(2) Starting a fire on the person's own land that he or she has leased or is under his or her control with the intent of letting the fire escape to the land of another person; and

(3) The destruction or injuring of, or theft of, any telephone line, tower, building, tool, or equipment used in the detection, reporting, or suppression of fires.

(b) No bond for costs shall be required in any court of this state for prosecution for violation of a provision of this section.

Acts 1935, No. 85, §§ 2, 8; Pope's Dig., §§ 3050, 3056; Acts 1979, No. 225, § 1; 1981, No. 845, § 3; A.S.A. 1947, §§ 41-1952, 41-1958; Acts 2005, No. 1994, § 416.
Ark. Code Ann. § 5-54-113 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-113
Permitting escape in the first degree
Status: in_force

(a) A public servant responsible for supervision of persons detained in correctional facilities or in custody commits the offense of permitting escape in the first degree if he or she knowingly permits the escape of a person known to be detained in a correctional facility or in custody pursuant to an arrest for, or a charge or conviction of, a felony of any class. (b) Permitting escape in the first degree is a Class C felony. Acts 1975, No. 280, § 2813; A.S.A. 1947, § 41-2813.

(a) A public servant responsible for supervision of persons detained in correctional facilities or in custody commits the offense of permitting escape in the first degree if he or she knowingly permits the escape of a person known to be detained in a correctional facility or in custody pursuant to an arrest for, or a charge or conviction of, a felony of any class.

(b) Permitting escape in the first degree is a Class C felony.

Acts 1975, No. 280, § 2813; A.S.A. 1947, § 41-2813.
Ark. Code Ann. § 5-2-205 — AR Code / Title 5 / Chapter 2 / Subchapter 2 / Section 5-2-205
Causation
Status: in_force

Causation may be found when the result would not have occurred but for the conduct of the defendant operating either alone or concurrently with another cause unless: (1) The concurrent cause was clearly sufficient to produce the result; and (2) The conduct of the defendant was clearly insufficient to produce the result. Acts 1975, No. 280, § 205; A.S.A. 1947, § 41-205.

Causation may be found when the result would not have occurred but for the conduct of the defendant operating either alone or concurrently with another cause unless:

(1) The concurrent cause was clearly sufficient to produce the result; and

(2) The conduct of the defendant was clearly insufficient to produce the result.

Acts 1975, No. 280, § 205; A.S.A. 1947, § 41-205.
Ark. Code Ann. § 5-2-610 — AR Code / Title 5 / Chapter 2 / Subchapter 6 / Section 5-2-610
Use of physical force by law enforcement officers
Status: in_force

(a) A law enforcement officer is justified in using nondeadly physical force or threatening to use deadly physical force upon another person if the law enforcement officer reasonably believes the use of nondeadly physical force or the threat of use of deadly physical force is necessary to: (1) Effect an arrest or to prevent the escape from custody of an arrested person unless the law enforcement officer knows that the arrest is unlawful; or (2) Defend himself or herself or a third person from what the law enforcement officer reasonably believes to be the use or imminent use of physical force while effecting or attempting to effect an arrest or while preventing or attempting to prevent an escape. (b) A law enforcement officer is justified in using deadly physical force upon another person if the law enforcement officer reasonably believes that the use of deadly physical force is necessary to: (1) Effect an arrest or to prevent the escape from custody of an arrested person whom the law enforcement officer reasonably believes has committed or attempted to commit a felony and is presently armed or dangerous; or (2) Defend himself or herself or a third person from what the law enforcement officer reasonably believes to be the use or imminent use of deadly physical force. Acts 1975, No. 280, § 510; A.S.A. 1947, § 41-510; Acts 2005, No. 1994, § 491.

(a) A law enforcement officer is justified in using nondeadly physical force or threatening to use deadly physical force upon another person if the law enforcement officer reasonably believes the use of nondeadly physical force or the threat of use of deadly physical force is necessary to: (1) Effect an arrest or to prevent the escape from custody of an arrested person unless the law enforcement officer knows that the arrest is unlawful; or (2) Defend himself or herself or a third person from what the law enforcement officer reasonably believes to be the use or imminent use of physical force while effecting or attempting to effect an arrest or while preventing or attempting to prevent an escape.

(1) Effect an arrest or to prevent the escape from custody of an arrested person unless the law enforcement officer knows that the arrest is unlawful; or

(2) Defend himself or herself or a third person from what the law enforcement officer reasonably believes to be the use or imminent use of physical force while effecting or attempting to effect an arrest or while preventing or attempting to prevent an escape.

(b) A law enforcement officer is justified in using deadly physical force upon another person if the law enforcement officer reasonably believes that the use of deadly physical force is necessary to: (1) Effect an arrest or to prevent the escape from custody of an arrested person whom the law enforcement officer reasonably believes has committed or attempted to commit a felony and is presently armed or dangerous; or (2) Defend himself or herself or a third person from what the law enforcement officer reasonably believes to be the use or imminent use of deadly physical force.

(1) Effect an arrest or to prevent the escape from custody of an arrested person whom the law enforcement officer reasonably believes has committed or attempted to commit a felony and is presently armed or dangerous; or

(2) Defend himself or herself or a third person from what the law enforcement officer reasonably believes to be the use or imminent use of deadly physical force.

Acts 1975, No. 280, § 510; A.S.A. 1947, § 41-510; Acts 2005, No. 1994, § 491.
Ark. Code Ann. § 5-37-404 — AR Code / Title 5 / Chapter 37 / Subchapter 4 / Section 5-37-404
Possession of devices as evidence of intent - Presumption
Status: in_force

(a) In a prosecution for a violation of this subchapter, the following constitute prima facie evidence of both the defendant's intent to violate a provision of this subchapter and a violation of a provision of this subchapter: (1) The existence on the property and in the actual possession of the defendant of any communication device or unlawful access device that is connected in such a manner as would permit the receipt of a communication service without the communication service's being reported for payment to and specifically authorized by the communication service provider; or (2) The existence on the property and in the actual possession of the defendant when the totality of the circumstances, including quantity or volume, surrounding the defendant's arrest indicates possession for resale of any device designed, in whole or in part, to facilitate the performance of any illegal act set out in § 5-37-402 . (b) It is presumed that any person who receives a communication service to his or her residence, dwelling, or business is criminally and civilly liable for the conduct of another person at the residence, dwelling, or business for any violation of a provision of this subchapter. Acts 1985, No. 781, § 4; A.S.A. 1947, § 41-2213; Acts 2003, No. 1806, § 4.

(a) In a prosecution for a violation of this subchapter, the following constitute prima facie evidence of both the defendant's intent to violate a provision of this subchapter and a violation of a provision of this subchapter: (1) The existence on the property and in the actual possession of the defendant of any communication device or unlawful access device that is connected in such a manner as would permit the receipt of a communication service without the communication service's being reported for payment to and specifically authorized by the communication service provider; or (2) The existence on the property and in the actual possession of the defendant when the totality of the circumstances, including quantity or volume, surrounding the defendant's arrest indicates possession for resale of any device designed, in whole or in part, to facilitate the performance of any illegal act set out in § 5-37-402 .

(1) The existence on the property and in the actual possession of the defendant of any communication device or unlawful access device that is connected in such a manner as would permit the receipt of a communication service without the communication service's being reported for payment to and specifically authorized by the communication service provider; or

(2) The existence on the property and in the actual possession of the defendant when the totality of the circumstances, including quantity or volume, surrounding the defendant's arrest indicates possession for resale of any device designed, in whole or in part, to facilitate the performance of any illegal act set out in § 5-37-402 .

(b) It is presumed that any person who receives a communication service to his or her residence, dwelling, or business is criminally and civilly liable for the conduct of another person at the residence, dwelling, or business for any violation of a provision of this subchapter.

Acts 1985, No. 781, § 4; A.S.A. 1947, § 41-2213; Acts 2003, No. 1806, § 4.
Ark. Code Ann. § 5-64-1003 — AR Code / Title 5 / Chapter 64 / Subchapter 10 / Section 5-64-1003
Inspection of records
Status: in_force

A record maintained pursuant to this subchapter is subject to inspection by any law enforcement officer of this state or any employee of the Department of Health designated by the Secretary of the Department of Health to conduct an examination, investigation, or inspection under this chapter relating to a controlled substance, counterfeit drug, or precursor chemical. Amended by Act 2019, No. 910,§ 4852, eff. 7/1/2019. Acts 1989, No. 518, § 1.

A record maintained pursuant to this subchapter is subject to inspection by any law enforcement officer of this state or any employee of the Department of Health designated by the Secretary of the Department of Health to conduct an examination, investigation, or inspection under this chapter relating to a controlled substance, counterfeit drug, or precursor chemical.

Amended by Act 2019, No. 910,§ 4852, eff. 7/1/2019.

Acts 1989, No. 518, § 1.
Ark. Code Ann. § 5-4-204 — AR Code / Title 5 / Chapter 4 / Subchapter 2 / Section 5-4-204
Collection after default
Status: in_force

(a) When a defendant sentenced to pay a fine or costs defaults in the payment of the fine or costs or of any installment, the fine or costs may be collected by any means authorized for the enforcement of a money judgment in a civil action. (b) A judgment that the defendant pay a fine or costs constitutes a lien on the real property and personal property of the defendant in the same manner and to the same extent as a money judgment in a civil action. Acts 1975, No. 280, § 1104; A.S.A. 1947, § 41-1104.

(a) When a defendant sentenced to pay a fine or costs defaults in the payment of the fine or costs or of any installment, the fine or costs may be collected by any means authorized for the enforcement of a money judgment in a civil action.

(b) A judgment that the defendant pay a fine or costs constitutes a lien on the real property and personal property of the defendant in the same manner and to the same extent as a money judgment in a civil action.

Acts 1975, No. 280, § 1104; A.S.A. 1947, § 41-1104.
Ark. Code Ann. § 5-2-204 — AR Code / Title 5 / Chapter 2 / Subchapter 2 / Section 5-2-204
Elements of culpability - Exceptions to culpable mental state requirement
Status: in_force

(a) A person does not commit an offense unless his or her liability is based on conduct that includes a voluntary act or the omission to perform an act that he or she is physically capable of performing. (b) A person does not commit an offense unless he or she acts with a culpable mental state with respect to each element of the offense that requires a culpable mental state. (c) However, a culpable mental state is not required if: (1) The offense is a violation unless a culpable mental state is expressly included in the definition of the offense; (2) An offense defined by a statute not a part of the Arkansas Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any element of the offense; or (3) The offense is defined as a strict liability offense. Amended by Act 2015EX1, No. 6,§ 2, eff. 5/29/2015. Acts 1975, No. 280, § 202; A.S.A. 1947, § 41-202.

(a) A person does not commit an offense unless his or her liability is based on conduct that includes a voluntary act or the omission to perform an act that he or she is physically capable of performing.

(b) A person does not commit an offense unless he or she acts with a culpable mental state with respect to each element of the offense that requires a culpable mental state.

(c) However, a culpable mental state is not required if: (1) The offense is a violation unless a culpable mental state is expressly included in the definition of the offense; (2) An offense defined by a statute not a part of the Arkansas Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any element of the offense; or (3) The offense is defined as a strict liability offense.

(1) The offense is a violation unless a culpable mental state is expressly included in the definition of the offense;

(2) An offense defined by a statute not a part of the Arkansas Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any element of the offense; or

(3) The offense is defined as a strict liability offense.

Amended by Act 2015EX1, No. 6,§ 2, eff. 5/29/2015.

Acts 1975, No. 280, § 202; A.S.A. 1947, § 41-202.
Ark. Code Ann. § 5-64-408 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-408
Subsequent convictions - Enhanced penalties
Status: in_force

(a) Unless otherwise provided in this chapter, a person convicted of a second or subsequent offense under this chapter shall be imprisoned for a term up to two (2) times the term otherwise authorized, fined an amount up to two (2) times the fine otherwise authorized, or both. (b) For purposes of this section, an offense is considered a second or subsequent offense if, before his or her conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to a narcotic drug, marijuana, depressant, stimulant, or a hallucinogenic drug. (c) This section does not apply to an offense under § 5-64-419 or § 5-64-441 . Acts 1971, No. 590, Art. 4, § 8; 1973, No. 186, § 5; A.S.A. 1947, § 82-2624; 2005, No. 1994, § 304[B]; 2011, No. 570, § 40.

(a) Unless otherwise provided in this chapter, a person convicted of a second or subsequent offense under this chapter shall be imprisoned for a term up to two (2) times the term otherwise authorized, fined an amount up to two (2) times the fine otherwise authorized, or both.

(b) For purposes of this section, an offense is considered a second or subsequent offense if, before his or her conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to a narcotic drug, marijuana, depressant, stimulant, or a hallucinogenic drug.

(c) This section does not apply to an offense under § 5-64-419 or § 5-64-441 .

Acts 1971, No. 590, Art. 4, § 8; 1973, No. 186, § 5; A.S.A. 1947, § 82-2624; 2005, No. 1994, § 304[B]; 2011, No. 570, § 40.
Ark. Code Ann. § 5-73-129 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-129
Furnishing a handgun or a prohibited weapon to a felon
Status: in_force

(a) A person commits the offense of furnishing a handgun to a felon if he or she sells, barters, leases, gives, rents, or otherwise furnishes a handgun to a person whom he or she knows has been found guilty of or pleaded guilty or nolo contendere to a felony. (b) A person commits the offense of furnishing a prohibited weapon to a felon if he or she sells, barters, leases, gives, rents, or otherwise furnishes: (1) A bomb; (2) Metal knuckles; (3) A defaced firearm, as described in § 5-73-107 ; or (4) Other implement for the infliction of serious physical injury or death that serves no lawful purpose, to a person he or she knows has been found guilty of or who has pleaded guilty or nolo contendere to a felony. (c) Furnishing a handgun or a prohibited weapon to a felon is a Class B felony. Amended by Act 2019, No. 1051,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 495,§ 3, eff. 7/24/2019. Acts 1994 (2nd Ex. Sess.), No. 41, § 1; 1994 (2nd Ex. Sess.), No. 42, § 1.

(a) A person commits the offense of furnishing a handgun to a felon if he or she sells, barters, leases, gives, rents, or otherwise furnishes a handgun to a person whom he or she knows has been found guilty of or pleaded guilty or nolo contendere to a felony.

(b) A person commits the offense of furnishing a prohibited weapon to a felon if he or she sells, barters, leases, gives, rents, or otherwise furnishes: (1) A bomb; (2) Metal knuckles; (3) A defaced firearm, as described in § 5-73-107 ; or (4) Other implement for the infliction of serious physical injury or death that serves no lawful purpose, to a person he or she knows has been found guilty of or who has pleaded guilty or nolo contendere to a felony.

(1) A bomb;

(2) Metal knuckles;

(3) A defaced firearm, as described in § 5-73-107 ; or

(4) Other implement for the infliction of serious physical injury or death that serves no lawful purpose, to a person he or she knows has been found guilty of or who has pleaded guilty or nolo contendere to a felony.

to a person he or she knows has been found guilty of or who has pleaded guilty or nolo contendere to a felony.

(c) Furnishing a handgun or a prohibited weapon to a felon is a Class B felony.

Amended by Act 2019, No. 1051,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 495,§ 3, eff. 7/24/2019.

Acts 1994 (2nd Ex. Sess.), No. 41, § 1; 1994 (2nd Ex. Sess.), No. 42, § 1.
Ark. Code Ann. § 5-53-133 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-133
[Repealed]
Status: repealed

Repealed by Act 2017, No. 600,§ 1, eff. 8/1/2017. Acts 1941, No. 365, §§ 1-4; 1951, No. 358, §§ 4-6; A.S.A. 1947, §§ 41-2653 -- 41-2656; Acts 1995, No. 1296, § 6; 2005, No. 1994, § 425.

Repealed by Act 2017, No. 600,§ 1, eff. 8/1/2017.

Acts 1941, No. 365, §§ 1-4; 1951, No. 358, §§ 4-6; A.S.A. 1947, §§ 41-2653 -- 41-2656; Acts 1995, No. 1296, § 6; 2005, No. 1994, § 425.
Ark. Code Ann. § 5-74-108 — AR Code / Title 5 / Chapter 74 / Subchapter 1 / Section 5-74-108
Engaging in violent criminal group activity
Status: in_force

(a) Any person who violates any provision of Arkansas law that is a crime of violence while acting in concert with two (2) or more other persons is subject to enhanced penalties. (b) Upon conviction of a crime of violence committed while acting in concert with two (2) or more other persons, the classification and penalty range is increased by one (1) classification. (c) The fact that the group was not a criminal gang, organization, or enterprise is not a defense to prosecution under this section. Acts 1993, No. 1002, § 1.

(a) Any person who violates any provision of Arkansas law that is a crime of violence while acting in concert with two (2) or more other persons is subject to enhanced penalties.

(b) Upon conviction of a crime of violence committed while acting in concert with two (2) or more other persons, the classification and penalty range is increased by one (1) classification.

(c) The fact that the group was not a criminal gang, organization, or enterprise is not a defense to prosecution under this section.

Acts 1993, No. 1002, § 1.
Ark. Code Ann. § 5-55-108 — AR Code / Title 5 / Chapter 55 / Subchapter 1 / Section 5-55-108
Fines
Status: in_force

(a) Any person who is found guilty of or who pleads guilty or nolo contendere to Medicaid fraud as described in this subchapter shall pay one (1) of the following fines: (1) If no monetary loss is incurred by the Arkansas Medicaid Program, a fine of not less than one thousand dollars ($1,000) or more than three thousand dollars ($3,000) for each omission or fraudulent act or claim; or (2) If a monetary loss is incurred by the Arkansas Medicaid Program, a fine of an amount not less than the amount of the monetary loss to the Arkansas Medicaid Program and not more than three (3) times the amount of the monetary loss to the Arkansas Medicaid Program. (b) (1) The fines described in subdivision (a)(2) of this section may be waived by the prosecuting attorney. (2) If the fines are waived, the trier of fact may impose fines under § 5-4-201 . (c) All fines assessed under subsection (a) of this section shall be credited to the general revenues of the State of Arkansas. Amended by Act 2017, No. 978,§ 5, eff. 8/1/2017. Acts 1979, No. 823, § 6; A.S.A. 1947, § 41-4406.

(a) Any person who is found guilty of or who pleads guilty or nolo contendere to Medicaid fraud as described in this subchapter shall pay one (1) of the following fines: (1) If no monetary loss is incurred by the Arkansas Medicaid Program, a fine of not less than one thousand dollars ($1,000) or more than three thousand dollars ($3,000) for each omission or fraudulent act or claim; or (2) If a monetary loss is incurred by the Arkansas Medicaid Program, a fine of an amount not less than the amount of the monetary loss to the Arkansas Medicaid Program and not more than three (3) times the amount of the monetary loss to the Arkansas Medicaid Program.

(1) If no monetary loss is incurred by the Arkansas Medicaid Program, a fine of not less than one thousand dollars ($1,000) or more than three thousand dollars ($3,000) for each omission or fraudulent act or claim; or

(2) If a monetary loss is incurred by the Arkansas Medicaid Program, a fine of an amount not less than the amount of the monetary loss to the Arkansas Medicaid Program and not more than three (3) times the amount of the monetary loss to the Arkansas Medicaid Program.

(b) (1) The fines described in subdivision (a)(2) of this section may be waived by the prosecuting attorney. (2) If the fines are waived, the trier of fact may impose fines under § 5-4-201 .

(1) The fines described in subdivision (a)(2) of this section may be waived by the prosecuting attorney.

(2) If the fines are waived, the trier of fact may impose fines under § 5-4-201 .

(c) All fines assessed under subsection (a) of this section shall be credited to the general revenues of the State of Arkansas.

Amended by Act 2017, No. 978,§ 5, eff. 8/1/2017.

Acts 1979, No. 823, § 6; A.S.A. 1947, § 41-4406.
Ark. Code Ann. § 5-27-403 — AR Code / Title 5 / Chapter 27 / Subchapter 4 / Section 5-27-403
Producing, directing, or promoting a sexual performance by a child
Status: in_force

(a) It is unlawful for a person, knowing the character and content of the material, to produce, direct, or promote a performance that includes sexual conduct by a child under eighteen (18) years of age. (b) A person who violates this section upon conviction is guilty of a Class Y felony. Amended by Act 2021, No. 1102,§ 5, eff. 7/28/2021. Acts 1983, No. 451, § 3; A.S.A. 1947, § 41-4208; Acts 2011, No. 1190, § 4.

(a) It is unlawful for a person, knowing the character and content of the material, to produce, direct, or promote a performance that includes sexual conduct by a child under eighteen (18) years of age.

(b) A person who violates this section upon conviction is guilty of a Class Y felony.

Amended by Act 2021, No. 1102,§ 5, eff. 7/28/2021.

Acts 1983, No. 451, § 3; A.S.A. 1947, § 41-4208; Acts 2011, No. 1190, § 4.
Ark. Code Ann. § 5-3-204 — AR Code / Title 5 / Chapter 3 / Subchapter 2 / Section 5-3-204
Renunciation
Status: in_force

(a) (1) It is an affirmative defense to a prosecution under § 5-3-201(a)(2) or (b) that the defendant abandons his or her effort to commit the offense, and by the abandonment prevents the commission of the offense, under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose. (2) However, the establishment of the affirmative defense under subdivision (a)(1) of this section does not affect the liability of an accomplice who does not join in the abandonment or prevention. (b) It is an affirmative defense to a prosecution under § 5-3-202 that the defendant terminates his or her complicity in the commission of the offense and: (1) Wholly deprives his or her complicity of effectiveness in the commission of the offense; (2) Gives timely warning to an appropriate law enforcement authority; or (3) Otherwise makes a substantial effort to prevent the commission of the offense, under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose. Acts 1975, No. 280, § 704; A.S.A. 1947, § 41-704.

(a) (1) It is an affirmative defense to a prosecution under § 5-3-201(a)(2) or (b) that the defendant abandons his or her effort to commit the offense, and by the abandonment prevents the commission of the offense, under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose. (2) However, the establishment of the affirmative defense under subdivision (a)(1) of this section does not affect the liability of an accomplice who does not join in the abandonment or prevention.

(1) It is an affirmative defense to a prosecution under § 5-3-201(a)(2) or (b) that the defendant abandons his or her effort to commit the offense, and by the abandonment prevents the commission of the offense, under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose.

(2) However, the establishment of the affirmative defense under subdivision (a)(1) of this section does not affect the liability of an accomplice who does not join in the abandonment or prevention.

(b) It is an affirmative defense to a prosecution under § 5-3-202 that the defendant terminates his or her complicity in the commission of the offense and: (1) Wholly deprives his or her complicity of effectiveness in the commission of the offense; (2) Gives timely warning to an appropriate law enforcement authority; or (3) Otherwise makes a substantial effort to prevent the commission of the offense, under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose.

(1) Wholly deprives his or her complicity of effectiveness in the commission of the offense;

(2) Gives timely warning to an appropriate law enforcement authority; or

(3) Otherwise makes a substantial effort to prevent the commission of the offense, under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose.

Acts 1975, No. 280, § 704; A.S.A. 1947, § 41-704.
Ark. Code Ann. § 5-38-204 — AR Code / Title 5 / Chapter 38 / Subchapter 2 / Section 5-38-204
Criminal mischief in the second degree
Status: in_force

(a) A person commits criminal mischief in the second degree if the person: (1) Recklessly destroys or damages any property of another person; or (2) Purposely tampers with any property of another person and by the tampering causes substantial inconvenience to the owner or another person. (b) Criminal mischief in the second degree is a: (1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or more but less than five thousand dollars ($5,000); (2) Class D felony if the amount of actual damage is five thousand dollars ($5,000) or more; or (3) Class B misdemeanor if otherwise committed. (c) A person convicted of a felony offense under this section is subject to an enhanced sentence of an additional term of imprisonment of five (5) years at the discretion of the court if the finder of fact finds that the damage to property involved the removal of nonferrous metal, as it is defined in § 17-44-101 . (d) If the property destroyed or damaged under this section was a residential mailbox or other container that the defendant knew or reasonably should have known was used for the receipt or deposit of United States mail or if the property was damaged by painting or other permanent application of graffiti, the court shall include as part of the sentence: (1) An order of restitution for property damage or loss incurred as a result of the offense; and (2) An additional punishment of at least twenty-five (25) hours of community service. Amended by Act 2021, No. 1014,§ 5, eff. 7/28/2021. Amended by Act 2013, No. 1354,§ 6, eff. 8/16/2013. Acts 1975, No. 280, § 1907; A.S.A. 1947, § 41-1907; Acts 1989, No. 735, § 1; 2011, No. 570, § 30.

(a) A person commits criminal mischief in the second degree if the person: (1) Recklessly destroys or damages any property of another person; or (2) Purposely tampers with any property of another person and by the tampering causes substantial inconvenience to the owner or another person.

(1) Recklessly destroys or damages any property of another person; or

(2) Purposely tampers with any property of another person and by the tampering causes substantial inconvenience to the owner or another person.

(b) Criminal mischief in the second degree is a: (1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or more but less than five thousand dollars ($5,000); (2) Class D felony if the amount of actual damage is five thousand dollars ($5,000) or more; or (3) Class B misdemeanor if otherwise committed.

(1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or more but less than five thousand dollars ($5,000);

(2) Class D felony if the amount of actual damage is five thousand dollars ($5,000) or more; or

(3) Class B misdemeanor if otherwise committed.

(c) A person convicted of a felony offense under this section is subject to an enhanced sentence of an additional term of imprisonment of five (5) years at the discretion of the court if the finder of fact finds that the damage to property involved the removal of nonferrous metal, as it is defined in § 17-44-101 .

(d) If the property destroyed or damaged under this section was a residential mailbox or other container that the defendant knew or reasonably should have known was used for the receipt or deposit of United States mail or if the property was damaged by painting or other permanent application of graffiti, the court shall include as part of the sentence: (1) An order of restitution for property damage or loss incurred as a result of the offense; and (2) An additional punishment of at least twenty-five (25) hours of community service.

(1) An order of restitution for property damage or loss incurred as a result of the offense; and

(2) An additional punishment of at least twenty-five (25) hours of community service.

Amended by Act 2021, No. 1014,§ 5, eff. 7/28/2021.

Amended by Act 2013, No. 1354,§ 6, eff. 8/16/2013.

Acts 1975, No. 280, § 1907; A.S.A. 1947, § 41-1907; Acts 1989, No. 735, § 1; 2011, No. 570, § 30.
Ark. Code Ann. § 5-36-206 — AR Code / Title 5 / Chapter 36 / Subchapter 2 / Section 5-36-206
Deputizing attorneys to prosecute offenses
Status: in_force

The prosecuting attorney may deputize an attorney of the Office of Chief Counsel of the Department of Human Services or the appropriate state agency to prosecute an offense under this subchapter. Acts 1993, No. 320, § 8.

The prosecuting attorney may deputize an attorney of the Office of Chief Counsel of the Department of Human Services or the appropriate state agency to prosecute an offense under this subchapter.

Acts 1993, No. 320, § 8.
Ark. Code Ann. § 5-36-401 — AR Code / Title 5 / Chapter 36 / Subchapter 4 / Section 5-36-401
Unlawful use of a theft detection shielding device
Status: in_force

(a) A person commits the offense of unlawful use of a theft detection shielding device if the person knowingly manufactures, sells, offers for sale, or distributes in any way a laminated or coated bag or device peculiar to and marketed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor. (b) (1) The unlawful use of a theft detection shielding device is a Class A misdemeanor. (2) A subsequent violation of this section is a Class D felony. Acts 2001, No. 1194, § 1.

(a) A person commits the offense of unlawful use of a theft detection shielding device if the person knowingly manufactures, sells, offers for sale, or distributes in any way a laminated or coated bag or device peculiar to and marketed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.

(b) (1) The unlawful use of a theft detection shielding device is a Class A misdemeanor. (2) A subsequent violation of this section is a Class D felony.

(1) The unlawful use of a theft detection shielding device is a Class A misdemeanor.

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

Acts 2001, No. 1194, § 1.
Ark. Code Ann. § 5-27-604 — AR Code / Title 5 / Chapter 27 / Subchapter 6 / Section 5-27-604
Failure to report the existence of child sexual abuse material
Status: in_force

(a) A person commits failure to report the existence of child sexual abuse material if the person: (1) Is the owner, operator, or employee of an online computer service, internet service, or bulletin board service; and (2) Knowingly fails to notify a law enforcement official that a subscriber is using the online computer service, internet service, or bulletin board service to commit a violation of § 5-27-603 . (b) Failure to report the existence of child sexual abuse material is a Class A misdemeanor. Amended by Act 2023, No. 21,§ 4, eff. 8/1/2023. Acts 2001, No. 1496, § 1.

(a) A person commits failure to report the existence of child sexual abuse material if the person: (1) Is the owner, operator, or employee of an online computer service, internet service, or bulletin board service; and (2) Knowingly fails to notify a law enforcement official that a subscriber is using the online computer service, internet service, or bulletin board service to commit a violation of § 5-27-603 .

(1) Is the owner, operator, or employee of an online computer service, internet service, or bulletin board service; and

(2) Knowingly fails to notify a law enforcement official that a subscriber is using the online computer service, internet service, or bulletin board service to commit a violation of § 5-27-603 .

(b) Failure to report the existence of child sexual abuse material is a Class A misdemeanor.

Amended by Act 2023, No. 21,§ 4, eff. 8/1/2023.

Acts 2001, No. 1496, § 1.
Ark. Code Ann. § 5-73-305 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-305
Criminal penalty
Status: in_force

Any person who knowingly submits a false answer to any question on an application for a license issued pursuant to this subchapter, or who knowingly submits a false document when applying for a license issued pursuant to this subchapter upon conviction is guilty of a Class B misdemeanor. Acts 1995, No. 411, § 2; 1995, No. 419, § 2.

Any person who knowingly submits a false answer to any question on an application for a license issued pursuant to this subchapter, or who knowingly submits a false document when applying for a license issued pursuant to this subchapter upon conviction is guilty of a Class B misdemeanor.

Acts 1995, No. 411, § 2; 1995, No. 419, § 2.
Ark. Code Ann. § 5-2-608 — AR Code / Title 5 / Chapter 2 / Subchapter 6 / Section 5-2-608
Use of physical force in defense of premises
Status: in_force

(a) A person in lawful possession or control of premises or a vehicle is justified in using nondeadly physical force upon another person when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises or vehicle. (b) A person may use deadly physical force under the circumstances set forth in subsection (a) of this section if: (1) Use of deadly physical force is authorized by § 5-2-607 ; or (2) The person reasonably believes the use of deadly physical force is necessary to prevent the commission of arson or burglary by a trespasser. Acts 1975, No. 280, § 508; A.S.A. 1947, § 41-508.

(a) A person in lawful possession or control of premises or a vehicle is justified in using nondeadly physical force upon another person when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises or vehicle.

(b) A person may use deadly physical force under the circumstances set forth in subsection (a) of this section if: (1) Use of deadly physical force is authorized by § 5-2-607 ; or (2) The person reasonably believes the use of deadly physical force is necessary to prevent the commission of arson or burglary by a trespasser.

(1) Use of deadly physical force is authorized by § 5-2-607 ; or

(2) The person reasonably believes the use of deadly physical force is necessary to prevent the commission of arson or burglary by a trespasser.

Acts 1975, No. 280, § 508; A.S.A. 1947, § 41-508.
Ark. Code Ann. § 5-14-129 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-129
Registered offender working with children prohibited
Status: in_force

(a) It is unlawful for a sex offender 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: (1) Engage in an occupation or participate in a volunteer position that requires the sex offender to work or interact primarily and directly with a child under sixteen (16) years of age; or (2) Accept work as a self-employed person, an independent contractor, or an employee or agent of a self-employed person or independent contractor that is to be performed at a privately owned daycare facility when the privately owned daycare facility has in its care a child. (b) A violation of this section is a Class D felony. Amended by Act 2013, No. 1125,§ 5, eff. 8/16/2013. Acts 2005, No. 1779, § 1; 2011, No. 1023, § 1.

(a) It is unlawful for a sex offender 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: (1) Engage in an occupation or participate in a volunteer position that requires the sex offender to work or interact primarily and directly with a child under sixteen (16) years of age; or (2) Accept work as a self-employed person, an independent contractor, or an employee or agent of a self-employed person or independent contractor that is to be performed at a privately owned daycare facility when the privately owned daycare facility has in its care a child.

(1) Engage in an occupation or participate in a volunteer position that requires the sex offender to work or interact primarily and directly with a child under sixteen (16) years of age; or

(2) Accept work as a self-employed person, an independent contractor, or an employee or agent of a self-employed person or independent contractor that is to be performed at a privately owned daycare facility when the privately owned daycare facility has in its care a child.

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

Amended by Act 2013, No. 1125,§ 5, eff. 8/16/2013.

Acts 2005, No. 1779, § 1; 2011, No. 1023, § 1.
Ark. Code Ann. § 5-64-306 — AR Code / Title 5 / Chapter 64 / Subchapter 3 / Section 5-64-306
Offenses relating to records
Status: in_force

It is unlawful for any person to refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under this chapter. Acts 2005, No. 1994, § 304[B].

It is unlawful for any person to refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under this chapter.

Acts 2005, No. 1994, § 304[B].
Ark. Code Ann. § 5-72-102 — AR Code / Title 5 / Chapter 72 / Section 5-72-102
Removal of trees growing on navigable rivers or streams
Status: in_force

(a) (1) It is unlawful to remove any tree growing below the ordinary high watermark, as defined in § 15-22-202 , on any river or stream in this state that has been designated as a navigable river or stream by a legislative act. (2) However, an authorized representative of the United States Government or of this state that is charged with the responsibility of maintaining navigation and flood control on navigable rivers and streams may remove a tree growing below the ordinary high watermark of a navigable river or stream as the authorized representative deems necessary to properly carry out the authorized representative's duties. (b) Any person violating a provision of this section is guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). Acts 1971, No. 142, §§ 1, 2; A.S.A. 1947, §§ 41-4068, 41-4069; Acts 2005, No. 1994, § 468.

(a) (1) It is unlawful to remove any tree growing below the ordinary high watermark, as defined in § 15-22-202 , on any river or stream in this state that has been designated as a navigable river or stream by a legislative act. (2) However, an authorized representative of the United States Government or of this state that is charged with the responsibility of maintaining navigation and flood control on navigable rivers and streams may remove a tree growing below the ordinary high watermark of a navigable river or stream as the authorized representative deems necessary to properly carry out the authorized representative's duties.

(1) It is unlawful to remove any tree growing below the ordinary high watermark, as defined in § 15-22-202 , on any river or stream in this state that has been designated as a navigable river or stream by a legislative act.

(2) However, an authorized representative of the United States Government or of this state that is charged with the responsibility of maintaining navigation and flood control on navigable rivers and streams may remove a tree growing below the ordinary high watermark of a navigable river or stream as the authorized representative deems necessary to properly carry out the authorized representative's duties.

(b) Any person violating a provision of this section is guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).

Acts 1971, No. 142, §§ 1, 2; A.S.A. 1947, §§ 41-4068, 41-4069; Acts 2005, No. 1994, § 468.
Ark. Code Ann. § 5-27-605 — AR Code / Title 5 / Chapter 27 / Subchapter 6 / Section 5-27-605
Computer exploitation of a child
Status: in_force

(a) (1) A person commits computer exploitation of a child in the first degree if the person: (A) Causes or permits a child to engage in sexually explicit conduct; and (B) Knows, has reason to know, or intends that the prohibited conduct may be: (i) Photographed; (ii) Filmed; (iii) Reproduced; (iv) Reconstructed in any manner, including on the internet; or (v) Part of an exhibition or performance. (2) Computer exploitation of a child in the first degree is a Class Y felony. (b) (1) A person commits computer exploitation of a child in the second degree if the person: (A) Photographs or films a child engaged in sexually explicit conduct; or (B) Uses any device, including a computer, to reproduce or reconstruct the image of a child engaged in sexually explicit conduct. (2) Computer exploitation of a child in the second degree is a Class C felony. Amended by Act 2021, No. 1102,§ 6, eff. 7/28/2021. Acts 2001, No. 1496, § 1; 2003, No. 1087, § 4.

(a) (1) A person commits computer exploitation of a child in the first degree if the person: (A) Causes or permits a child to engage in sexually explicit conduct; and (B) Knows, has reason to know, or intends that the prohibited conduct may be: (i) Photographed; (ii) Filmed; (iii) Reproduced; (iv) Reconstructed in any manner, including on the internet; or (v) Part of an exhibition or performance. (2) Computer exploitation of a child in the first degree is a Class Y felony.

(1) A person commits computer exploitation of a child in the first degree if the person: (A) Causes or permits a child to engage in sexually explicit conduct; and (B) Knows, has reason to know, or intends that the prohibited conduct may be: (i) Photographed; (ii) Filmed; (iii) Reproduced; (iv) Reconstructed in any manner, including on the internet; or (v) Part of an exhibition or performance.

(A) Causes or permits a child to engage in sexually explicit conduct; and

(B) Knows, has reason to know, or intends that the prohibited conduct may be: (i) Photographed; (ii) Filmed; (iii) Reproduced; (iv) Reconstructed in any manner, including on the internet; or (v) Part of an exhibition or performance.

(i) Photographed;

(ii) Filmed;

(iii) Reproduced;

(iv) Reconstructed in any manner, including on the internet; or

(v) Part of an exhibition or performance.

(2) Computer exploitation of a child in the first degree is a Class Y felony.

(b) (1) A person commits computer exploitation of a child in the second degree if the person: (A) Photographs or films a child engaged in sexually explicit conduct; or (B) Uses any device, including a computer, to reproduce or reconstruct the image of a child engaged in sexually explicit conduct. (2) Computer exploitation of a child in the second degree is a Class C felony.

(1) A person commits computer exploitation of a child in the second degree if the person: (A) Photographs or films a child engaged in sexually explicit conduct; or (B) Uses any device, including a computer, to reproduce or reconstruct the image of a child engaged in sexually explicit conduct.

(A) Photographs or films a child engaged in sexually explicit conduct; or

(B) Uses any device, including a computer, to reproduce or reconstruct the image of a child engaged in sexually explicit conduct.

(2) Computer exploitation of a child in the second degree is a Class C felony.

Amended by Act 2021, No. 1102,§ 6, eff. 7/28/2021.

Acts 2001, No. 1496, § 1; 2003, No. 1087, § 4.
Ark. Code Ann. § 5-36-124 — AR Code / Title 5 / Chapter 36 / Subchapter 1 / Section 5-36-124
Theft by receiving of scrap metal
Status: in_force

(a) As used in this section: (1) "Receiving" means acquiring possession, control, or title or lending on the security of the scrap metal; and (2) "Scrap metal" means copper, copper alloy, copper utility wire, any bronze, or any aluminum as described in § 17-44-101 et seq. (b) A person commits the offense of theft by receiving of scrap metal if he or she receives, retains, purchases, or disposes of scrap metal of another person and he or she knows or reasonably should have known that the scrap metal was stolen. (c) Theft by receiving of scrap metal is a: (1) Class A misdemeanor; or (2) Class D felony if it is a second or subsequent offense of theft by receiving of scrap metal or the value of the scrap metal is more than one thousand dollars ($1,000). (d) A person convicted of a felony offense under this section is subject to an enhanced sentence of an additional term of imprisonment of five (5) years at the discretion of the court if the finder of fact finds that the scrap metal was nonferrous metal, as it is defined in § 17-44-101 . Amended by Act 2023, No. 736,§ 8, eff. 8/1/2023. Amended by Act 2013, No. 1354,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 1354,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 1125,§ 8, eff. 8/16/2013. Acts 2011, No. 1193, § 1.

(a) As used in this section: (1) "Receiving" means acquiring possession, control, or title or lending on the security of the scrap metal; and (2) "Scrap metal" means copper, copper alloy, copper utility wire, any bronze, or any aluminum as described in § 17-44-101 et seq.

(1) "Receiving" means acquiring possession, control, or title or lending on the security of the scrap metal; and

(2) "Scrap metal" means copper, copper alloy, copper utility wire, any bronze, or any aluminum as described in § 17-44-101 et seq.

(b) A person commits the offense of theft by receiving of scrap metal if he or she receives, retains, purchases, or disposes of scrap metal of another person and he or she knows or reasonably should have known that the scrap metal was stolen.

(c) Theft by receiving of scrap metal is a: (1) Class A misdemeanor; or (2) Class D felony if it is a second or subsequent offense of theft by receiving of scrap metal or the value of the scrap metal is more than one thousand dollars ($1,000).

(1) Class A misdemeanor; or

(2) Class D felony if it is a second or subsequent offense of theft by receiving of scrap metal or the value of the scrap metal is more than one thousand dollars ($1,000).

(d) A person convicted of a felony offense under this section is subject to an enhanced sentence of an additional term of imprisonment of five (5) years at the discretion of the court if the finder of fact finds that the scrap metal was nonferrous metal, as it is defined in § 17-44-101 .

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

Amended by Act 2013, No. 1354,§ 4, eff. 8/16/2013.

Amended by Act 2013, No. 1354,§ 3, eff. 8/16/2013.

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

Acts 2011, No. 1193, § 1.
Ark. Code Ann. § 5-36-204 — AR Code / Title 5 / Chapter 36 / Subchapter 2 / Section 5-36-204
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1263,§ 9, eff. 7/22/2015. Acts 1993, No. 320, §§ 5, 6.

Repealed by Act 2015, No. 1263,§ 9, eff. 7/22/2015.

Acts 1993, No. 320, §§ 5, 6.
Ark. Code Ann. § 5-73-124 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-124
Tear gas - Pepper spray
Status: in_force

(a) (1) Except as otherwise provided in this section, any person who knowingly carries or has in his or her possession any tear gas or pepper spray in any form, or any person who knowingly carries or has in his or her possession any gun, bomb, grenade, cartridge, or other weapon designed for the discharge of tear gas or pepper spray, upon conviction is guilty of a Class A misdemeanor. (2) (A) It is lawful for a person to possess or carry, and use, a container of tear gas or pepper spray to be used for self-defense purposes only. (B) However, the capacity of the container shall not exceed three hundred milliliters (300 ml). (b) The provisions of this section do not apply to any: (1) Law enforcement officer while engaged in the discharge of his or her official duties; or (2) Banking institution desiring to have possession of tear gas or pepper spray in any form for the purpose of securing funds in its custody from theft or robbery. Amended by Act 2021, No. 566,§ 1, eff. 7/28/2021. Amended by Act 2013, No. 1125,§ 19, eff. 8/16/2013. Amended by Act 2013, No. 1125,§ 18, eff. 8/16/2013. Acts 1949, No. 338, §§ 1-3; 1977, No. 329, §§ 1, 2; A.S.A. 1947, §§ 41-3168 -- 41-3170; Acts 1993, No. 674, § 1; 1995, No. 1201, § 1; 2011, No. 1168, § 2.

(a) (1) Except as otherwise provided in this section, any person who knowingly carries or has in his or her possession any tear gas or pepper spray in any form, or any person who knowingly carries or has in his or her possession any gun, bomb, grenade, cartridge, or other weapon designed for the discharge of tear gas or pepper spray, upon conviction is guilty of a Class A misdemeanor. (2) (A) It is lawful for a person to possess or carry, and use, a container of tear gas or pepper spray to be used for self-defense purposes only. (B) However, the capacity of the container shall not exceed three hundred milliliters (300 ml).

(1) Except as otherwise provided in this section, any person who knowingly carries or has in his or her possession any tear gas or pepper spray in any form, or any person who knowingly carries or has in his or her possession any gun, bomb, grenade, cartridge, or other weapon designed for the discharge of tear gas or pepper spray, upon conviction is guilty of a Class A misdemeanor.

(2) (A) It is lawful for a person to possess or carry, and use, a container of tear gas or pepper spray to be used for self-defense purposes only. (B) However, the capacity of the container shall not exceed three hundred milliliters (300 ml).

(A) It is lawful for a person to possess or carry, and use, a container of tear gas or pepper spray to be used for self-defense purposes only.

(B) However, the capacity of the container shall not exceed three hundred milliliters (300 ml).

(b) The provisions of this section do not apply to any: (1) Law enforcement officer while engaged in the discharge of his or her official duties; or (2) Banking institution desiring to have possession of tear gas or pepper spray in any form for the purpose of securing funds in its custody from theft or robbery.

(1) Law enforcement officer while engaged in the discharge of his or her official duties; or

(2) Banking institution desiring to have possession of tear gas or pepper spray in any form for the purpose of securing funds in its custody from theft or robbery.

Amended by Act 2021, No. 566,§ 1, eff. 7/28/2021.

Amended by Act 2013, No. 1125,§ 19, eff. 8/16/2013.

Amended by Act 2013, No. 1125,§ 18, eff. 8/16/2013.

Acts 1949, No. 338, §§ 1-3; 1977, No. 329, §§ 1, 2; A.S.A. 1947, §§ 41-3168 -- 41-3170; Acts 1993, No. 674, § 1; 1995, No. 1201, § 1; 2011, No. 1168, § 2.
Ark. Code Ann. § 5-4-909 — AR Code / Title 5 / Chapter 4 / Subchapter 9 / Section 5-4-909
Administrative Office of the Courts
Status: in_force

The Administrative Office of the Courts shall: (1) Serve as a coordinator between pre-adjudication probation program judges, the Department of Community Correction, and other parties; (2) Establish, manage, and maintain a uniform statewide pre-adjudication probation program information system to track information and data on pre-adjudication probation program participants; (3) Train and educate pre-adjudication probation program judges and pre-adjudication probation program staff in those judicial districts maintaining a pre-adjudication probation program; (4) Oversee the disbursement of funds appropriated to the Administrative Office of the Courts for the maintenance and operation of local pre-adjudication probation programs based on a formula developed by the office; and (5) Develop guidelines to serve as a framework for developing effective local pre-adjudication probation programs and to provide a structure for conducting research and evaluation for pre-adjudication probation program accountability. Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.

The Administrative Office of the Courts shall:

(1) Serve as a coordinator between pre-adjudication probation program judges, the Department of Community Correction, and other parties;

(2) Establish, manage, and maintain a uniform statewide pre-adjudication probation program information system to track information and data on pre-adjudication probation program participants;

(3) Train and educate pre-adjudication probation program judges and pre-adjudication probation program staff in those judicial districts maintaining a pre-adjudication probation program;

(4) Oversee the disbursement of funds appropriated to the Administrative Office of the Courts for the maintenance and operation of local pre-adjudication probation programs based on a formula developed by the office; and

(5) Develop guidelines to serve as a framework for developing effective local pre-adjudication probation programs and to provide a structure for conducting research and evaluation for pre-adjudication probation program accountability.

Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-54-108 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-108
Hindering prosecution and compounding - No defense
Status: in_force

It is no defense to a prosecution for hindering prosecution or compounding that the principal offender is not apprehended, prosecuted, convicted, or punished. Acts 1975, No. 280, § 2808; A.S.A. 1947, § 41-2808.

It is no defense to a prosecution for hindering prosecution or compounding that the principal offender is not apprehended, prosecuted, convicted, or punished.

Acts 1975, No. 280, § 2808; A.S.A. 1947, § 41-2808.
Ark. Code Ann. § 5-2-303 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-303
Admissibility of evidence to show mental state
Status: in_force

Evidence that the defendant suffered from a mental disease or defect is admissible to prove whether the defendant had the kind of culpable mental state required for commission of the offense charged. Acts 1975, No. 280, § 602; A.S.A. 1947, § 41-602.

Evidence that the defendant suffered from a mental disease or defect is admissible to prove whether the defendant had the kind of culpable mental state required for commission of the offense charged.

Acts 1975, No. 280, § 602; A.S.A. 1947, § 41-602.
Ark. Code Ann. § 5-68-503 — AR Code / Title 5 / Chapter 68 / Subchapter 5 / Section 5-68-503
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1263,§ 20, eff. 7/22/2015. Acts 1969, No. 133, § 3; A.S.A. 1947, § 41-3583; Acts 2005, No. 1994, § 382.

Repealed by Act 2015, No. 1263,§ 20, eff. 7/22/2015.

Acts 1969, No. 133, § 3; A.S.A. 1947, § 41-3583; Acts 2005, No. 1994, § 382.
Ark. Code Ann. § 5-64-1113 — AR Code / Title 5 / Chapter 64 / Subchapter 11 / Section 5-64-1113
Pharmacist-authorized drugs
Status: in_force

(a) The Arkansas State Board of Pharmacy may adopt rules creating and adding to a list of additional nonprescription drugs that are subject to the same restrictions as are imposed for ephedrine, pseudoephedrine, or phenylpropanolamine under §§ 5-64-1103(c) , 5-64-1103(d)(4) , and 5-64-1104 . (b) A pharmacy or a pharmacist has the same immunity from civil liability with regard to actions regarding nonprescription drugs under subsection (a) of this section as is provided under § 5-64-1111 for actions concerning ephedrine, pseudoephedrine, or phenylpropanolamine. Amended by Act 2013, No. 1125,§ 16, eff. 8/16/2013. Acts 2011, No. 588, § 6.

(a) The Arkansas State Board of Pharmacy may adopt rules creating and adding to a list of additional nonprescription drugs that are subject to the same restrictions as are imposed for ephedrine, pseudoephedrine, or phenylpropanolamine under §§ 5-64-1103(c) , 5-64-1103(d)(4) , and 5-64-1104 .

(b) A pharmacy or a pharmacist has the same immunity from civil liability with regard to actions regarding nonprescription drugs under subsection (a) of this section as is provided under § 5-64-1111 for actions concerning ephedrine, pseudoephedrine, or phenylpropanolamine.

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

Acts 2011, No. 588, § 6.
Ark. Code Ann. § 5-64-503 — AR Code / Title 5 / Chapter 64 / Subchapter 5 / Section 5-64-503
Injunctions or restraining orders
Status: in_force

(a) A trial court of this state may exercise jurisdiction to restrain or enjoin a violation of this chapter. (b) The defendant may demand a trial by jury for an alleged violation of an injunction or restraining order under this section. Acts 1971, No. 590, Art. 5, § 3; A.S.A. 1947, § 82-2627.

(a) A trial court of this state may exercise jurisdiction to restrain or enjoin a violation of this chapter.

(b) The defendant may demand a trial by jury for an alleged violation of an injunction or restraining order under this section.

Acts 1971, No. 590, Art. 5, § 3; A.S.A. 1947, § 82-2627.
Ark. Code Ann. § 5-54-205 — AR Code / Title 5 / Chapter 54 / Subchapter 2 / Section 5-54-205
Terrorism
Status: in_force

(a) A person commits the offense of terrorism if, with the intent to intimidate or coerce a civilian population, influence the policy of a unit of government by using intimidation or coercion, affect the conduct of a unit or level of government by intimidation or coercion, or retaliate against a civilian population or unit of government for a policy or conduct, the person: (1) Knowingly commits an act of terrorism within this state; or (2) While outside this state, knowingly commits an act of terrorism that takes effect within this state or produces substantial detrimental effects within this state. (b) Terrorism is a Class Y felony. Acts 2003, No. 1342, § 3.

(a) A person commits the offense of terrorism if, with the intent to intimidate or coerce a civilian population, influence the policy of a unit of government by using intimidation or coercion, affect the conduct of a unit or level of government by intimidation or coercion, or retaliate against a civilian population or unit of government for a policy or conduct, the person: (1) Knowingly commits an act of terrorism within this state; or (2) While outside this state, knowingly commits an act of terrorism that takes effect within this state or produces substantial detrimental effects within this state.

(1) Knowingly commits an act of terrorism within this state; or

(2) While outside this state, knowingly commits an act of terrorism that takes effect within this state or produces substantial detrimental effects within this state.

(b) Terrorism is a Class Y felony.

Acts 2003, No. 1342, § 3.
Ark. Code Ann. § 5-62-126 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-126
Acts of God - Emergency conditions
Status: in_force

An owner of an animal or person in control of an animal is not guilty of either the offense of cruelty to animals, § 5-62-103 , or the offense of aggravated cruelty to a dog, cat, or equine, § 5-62-104 , if the owner of the animal or the person in control of the animal was reasonably precluded as the result of an act of God or emergency conditions from engaging in an act or omission that might prevent an allegation of the offense of cruelty to animals, § 5-62-103 , or the offense of aggravated cruelty to a dog, cat, or equine, § 5-62-104 . Amended by Act 2017, No. 389,§ 8, eff. 8/1/2017. Acts 2009, No. 33, § 8.

An owner of an animal or person in control of an animal is not guilty of either the offense of cruelty to animals, § 5-62-103 , or the offense of aggravated cruelty to a dog, cat, or equine, § 5-62-104 , if the owner of the animal or the person in control of the animal was reasonably precluded as the result of an act of God or emergency conditions from engaging in an act or omission that might prevent an allegation of the offense of cruelty to animals, § 5-62-103 , or the offense of aggravated cruelty to a dog, cat, or equine, § 5-62-104 .

Amended by Act 2017, No. 389,§ 8, eff. 8/1/2017.

Acts 2009, No. 33, § 8.
Ark. Code Ann. § 5-4-801 — AR Code / Title 5 / Chapter 4 / Subchapter 8 / Section 5-4-801
Definitions
Status: in_force

As used in this subchapter: (1) "Community work project" means any program in which an eligible offender in a county jail is allowed to work under the supervision of a government entity on projects on public lands, public buildings, public roads, public parks, and public rights-of-way designed to benefit the government entity supervising the eligible offender; (2) "Eligible offender" means any person convicted of a misdemeanor offense or felony offense other than: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Manslaughter, § 5-10-104 ; (E) Rape, § 5-14-103 ; (F) Kidnapping, § 5-11-102 ; (G) Aggravated robbery, § 5-12-103 ; (H) Driving or boating while intoxicated, second or subsequent offense, § 5-65-103 ; (I) Negligent homicide, § 5-10-105 ; (J) Trafficking a controlled substance, § 5-64-440 ; (K) Any felony involving violence as listed under § 5-4-501(d)(2) ; or (L) Any offense requiring registration under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; and (3) "Work incentive credit" means a sentence credit of up to three (3) days as designated by the court toward completion of an eligible offender's sentence for each day the eligible offender works on a community work project. Amended by Act 2015, No. 299,§ 4, eff. 7/22/2015. Acts 2011, No. 570, § 21.

As used in this subchapter:

(1) "Community work project" means any program in which an eligible offender in a county jail is allowed to work under the supervision of a government entity on projects on public lands, public buildings, public roads, public parks, and public rights-of-way designed to benefit the government entity supervising the eligible offender;

(2) "Eligible offender" means any person convicted of a misdemeanor offense or felony offense other than: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Manslaughter, § 5-10-104 ; (E) Rape, § 5-14-103 ; (F) Kidnapping, § 5-11-102 ; (G) Aggravated robbery, § 5-12-103 ; (H) Driving or boating while intoxicated, second or subsequent offense, § 5-65-103 ; (I) Negligent homicide, § 5-10-105 ; (J) Trafficking a controlled substance, § 5-64-440 ; (K) Any felony involving violence as listed under § 5-4-501(d)(2) ; or (L) Any offense requiring registration under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; and

(A) Capital murder, § 5-10-101 ;

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

(C) Murder in the second degree, § 5-10-103 ;

(D) Manslaughter, § 5-10-104 ;

(E) Rape, § 5-14-103 ;

(F) Kidnapping, § 5-11-102 ;

(G) Aggravated robbery, § 5-12-103 ;

(H) Driving or boating while intoxicated, second or subsequent offense, § 5-65-103 ;

(I) Negligent homicide, § 5-10-105 ;

(J) Trafficking a controlled substance, § 5-64-440 ;

(K) Any felony involving violence as listed under § 5-4-501(d)(2) ; or

(L) Any offense requiring registration under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; and

(3) "Work incentive credit" means a sentence credit of up to three (3) days as designated by the court toward completion of an eligible offender's sentence for each day the eligible offender works on a community work project.

Amended by Act 2015, No. 299,§ 4, eff. 7/22/2015.

Acts 2011, No. 570, § 21.
Ark. Code Ann. § 5-53-113 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-113
Juror bribery
Status: in_force

(a) A person commits juror bribery if he or she: (1) Offers, confers, or agrees to confer any benefit upon a juror with the purpose of influencing the juror's vote, decision, or other action as a juror; or (2) Solicits, accepts, or agrees to accept any benefit and the receipt of the benefit is prohibited by this section. (b) Juror bribery is a Class C felony. Acts 1975, No. 280, § 2613; A.S.A. 1947, § 41-2613.

(a) A person commits juror bribery if he or she: (1) Offers, confers, or agrees to confer any benefit upon a juror with the purpose of influencing the juror's vote, decision, or other action as a juror; or (2) Solicits, accepts, or agrees to accept any benefit and the receipt of the benefit is prohibited by this section.

(1) Offers, confers, or agrees to confer any benefit upon a juror with the purpose of influencing the juror's vote, decision, or other action as a juror; or

(2) Solicits, accepts, or agrees to accept any benefit and the receipt of the benefit is prohibited by this section.

(b) Juror bribery is a Class C felony.

Acts 1975, No. 280, § 2613; A.S.A. 1947, § 41-2613.
Ark. Code Ann. § 5-36-402 — AR Code / Title 5 / Chapter 36 / Subchapter 4 / Section 5-36-402
Unlawful possession of a theft detection shielding device
Status: in_force

(a) A person commits the offense of unlawful possession of a theft detection shielding device if the person knowingly possesses any laminated or coated bag or device peculiar to and designed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor with the intent to commit theft or retail theft. (b) (1) The unlawful possession of a theft detection shielding device is a Class A misdemeanor. (2) A subsequent violation of this section is a Class D felony. Acts 2001, No. 1194, § 2.

(a) A person commits the offense of unlawful possession of a theft detection shielding device if the person knowingly possesses any laminated or coated bag or device peculiar to and designed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor with the intent to commit theft or retail theft.

(b) (1) The unlawful possession of a theft detection shielding device is a Class A misdemeanor. (2) A subsequent violation of this section is a Class D felony.

(1) The unlawful possession of a theft detection shielding device is a Class A misdemeanor.

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

Acts 2001, No. 1194, § 2.
Ark. Code Ann. § 5-67-105 — AR Code / Title 5 / Chapter 67 / Section 5-67-105
Wreckage near memorial highway
Status: in_force

(a) If any person or corporation stores wrecked, worn out, or discarded automobiles or other scrap iron or steel within two hundred yards (200 yds.) of any public highway in the State of Arkansas, a part of which has been or may be designated by law as a memorial highway, it is the person's or corporation's duty to: (1) Construct a solid fence or wall high enough to hide the wrecked, worn out, or discarded automobiles or other scrap iron or steel from a person passing along the memorial highway; or (2) Hide the wrecked, worn out, or discarded automobiles or other scrap iron or steel behind a house or other structure or elevation of the land that conceals the wrecked, worn out, or discarded automobiles or other scrap iron or steel from public view of a person passing along the memorial highway. (b) Any person failing to comply with a provision of this section is guilty of a violation and shall be fined five dollars ($5.00) for each day that he or she fails to comply, with the fine to go to the local school district where the site of the violation is located. Acts 1933, No. 165, §§ 1, 2; Pope's Dig., §§ 3657, 3658; A.S.A. 1947, §§ 41-3357, 41-3358; Acts 1997, No. 379, § 1; 2005, No. 1994, § 54.

(a) If any person or corporation stores wrecked, worn out, or discarded automobiles or other scrap iron or steel within two hundred yards (200 yds.) of any public highway in the State of Arkansas, a part of which has been or may be designated by law as a memorial highway, it is the person's or corporation's duty to: (1) Construct a solid fence or wall high enough to hide the wrecked, worn out, or discarded automobiles or other scrap iron or steel from a person passing along the memorial highway; or (2) Hide the wrecked, worn out, or discarded automobiles or other scrap iron or steel behind a house or other structure or elevation of the land that conceals the wrecked, worn out, or discarded automobiles or other scrap iron or steel from public view of a person passing along the memorial highway.

(1) Construct a solid fence or wall high enough to hide the wrecked, worn out, or discarded automobiles or other scrap iron or steel from a person passing along the memorial highway; or

(2) Hide the wrecked, worn out, or discarded automobiles or other scrap iron or steel behind a house or other structure or elevation of the land that conceals the wrecked, worn out, or discarded automobiles or other scrap iron or steel from public view of a person passing along the memorial highway.

(b) Any person failing to comply with a provision of this section is guilty of a violation and shall be fined five dollars ($5.00) for each day that he or she fails to comply, with the fine to go to the local school district where the site of the violation is located.

Acts 1933, No. 165, §§ 1, 2; Pope's Dig., §§ 3657, 3658; A.S.A. 1947, §§ 41-3357, 41-3358; Acts 1997, No. 379, § 1; 2005, No. 1994, § 54.
Ark. Code Ann. § 5-60-115 — AR Code / Title 5 / Chapter 60 / Subchapter 1 / Section 5-60-115
Filling or covering abandoned water wells
Status: in_force

(a) When the owner of land abandons or ceases to use any dug water well located on the land, he or she shall either fill the well or place a sturdy cover over the well to prevent animals and persons from falling into the well. (b) Any person who willfully fails or refuses to either fill or cover the well, as provided in subsection (a) of this section, is guilty of a violation and upon conviction is subject to a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00). Acts 1967, No. 193, §§ 1, 2; A.S.A. 1947, §§ 41-3755, 41-3756; Acts 2005, No. 1994, § 52.

(a) When the owner of land abandons or ceases to use any dug water well located on the land, he or she shall either fill the well or place a sturdy cover over the well to prevent animals and persons from falling into the well.

(b) Any person who willfully fails or refuses to either fill or cover the well, as provided in subsection (a) of this section, is guilty of a violation and upon conviction is subject to a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00).

Acts 1967, No. 193, §§ 1, 2; A.S.A. 1947, §§ 41-3755, 41-3756; Acts 2005, No. 1994, § 52.
Ark. Code Ann. § 5-73-207 — AR Code / Title 5 / Chapter 73 / Subchapter 2 / Section 5-73-207
Manufacture for military, nonaggressive, or nonoffensive use
Status: in_force

Nothing contained in this subchapter prohibits or interferes with: (1) The manufacture for and sale of machine guns to the military forces or the peace officers of the United States or of any political subdivision of the United States, or the transportation required for that purpose; (2) The possession of a machine gun for scientific purpose, or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament, or keepsake; or (3) The possession of a machine gun other than one adapted to use pistol cartridges of 30 (.30 in. or 7.63 mm.) or larger caliber, for a purpose manifestly not aggressive or offensive. Acts 1935, No. 80, § 6; Pope's Dig., § 3519; A.S.A. 1947, § 41-3162.

Nothing contained in this subchapter prohibits or interferes with:

(1) The manufacture for and sale of machine guns to the military forces or the peace officers of the United States or of any political subdivision of the United States, or the transportation required for that purpose;

(2) The possession of a machine gun for scientific purpose, or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament, or keepsake; or

(3) The possession of a machine gun other than one adapted to use pistol cartridges of 30 (.30 in. or 7.63 mm.) or larger caliber, for a purpose manifestly not aggressive or offensive.

Acts 1935, No. 80, § 6; Pope's Dig., § 3519; A.S.A. 1947, § 41-3162.
Ark. Code Ann. § 5-64-504 — AR Code / Title 5 / Chapter 64 / Subchapter 5 / Section 5-64-504
Intergovernmental cooperation - Identities of patients and research subjects
Status: in_force

(a) (1) The Secretary of the Department of Health shall cooperate with federal and any other state agency in discharging the agency's responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. (2) To this end, the secretary may: (A) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances; (B) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels; (C) (i) Cooperate with the United States Drug Enforcement Administration by establishing a centralized unit to accept, catalogue, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state and make the information available for federal, state, and local law enforcement purposes. (ii) The secretary shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c) of this section; and (D) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted. (b) Results, information, and evidence received from the United States Drug Enforcement Administration relating to the regulatory functions of this chapter, including a result of an inspection conducted by the United States Drug Enforcement Administration, may be relied and acted upon by the secretary in the exercise of the Department of Health's regulatory functions under this chapter. (c) A practitioner engaged in medical practice or research is not required or compelled to furnish the name or identity of a patient or research subject to the secretary nor may he or she be compelled in any state or local civil, criminal, administrative, legislative, or other proceeding to furnish the name or identity of an individual that the practitioner is obligated to keep confidential. Amended by Act 2019, No. 910,§ 4847, eff. 7/1/2019. Acts 1971, No. 590, Art. 5, § 4; A.S.A. 1947, § 82-2628; Acts 2005, No. 1994, § 309.

(a) (1) The Secretary of the Department of Health shall cooperate with federal and any other state agency in discharging the agency's responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. (2) To this end, the secretary may: (A) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances; (B) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels; (C) (i) Cooperate with the United States Drug Enforcement Administration by establishing a centralized unit to accept, catalogue, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state and make the information available for federal, state, and local law enforcement purposes. (ii) The secretary shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c) of this section; and (D) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.

(1) The Secretary of the Department of Health shall cooperate with federal and any other state agency in discharging the agency's responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances.

(2) To this end, the secretary may: (A) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances; (B) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels; (C) (i) Cooperate with the United States Drug Enforcement Administration by establishing a centralized unit to accept, catalogue, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state and make the information available for federal, state, and local law enforcement purposes. (ii) The secretary shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c) of this section; and (D) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.

(A) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;

(B) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;

(C) (i) Cooperate with the United States Drug Enforcement Administration by establishing a centralized unit to accept, catalogue, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state and make the information available for federal, state, and local law enforcement purposes. (ii) The secretary shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c) of this section; and

(i) Cooperate with the United States Drug Enforcement Administration by establishing a centralized unit to accept, catalogue, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state and make the information available for federal, state, and local law enforcement purposes.

(ii) The secretary shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c) of this section; and

(D) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.

(b) Results, information, and evidence received from the United States Drug Enforcement Administration relating to the regulatory functions of this chapter, including a result of an inspection conducted by the United States Drug Enforcement Administration, may be relied and acted upon by the secretary in the exercise of the Department of Health's regulatory functions under this chapter.

(c) A practitioner engaged in medical practice or research is not required or compelled to furnish the name or identity of a patient or research subject to the secretary nor may he or she be compelled in any state or local civil, criminal, administrative, legislative, or other proceeding to furnish the name or identity of an individual that the practitioner is obligated to keep confidential.

Amended by Act 2019, No. 910,§ 4847, eff. 7/1/2019.

Acts 1971, No. 590, Art. 5, § 4; A.S.A. 1947, § 82-2628; Acts 2005, No. 1994, § 309.
Ark. Code Ann. § 5-4-504 — AR Code / Title 5 / Chapter 4 / Subchapter 5 / Section 5-4-504
Habitual offenders - Proof of previous conviction
Status: in_force

(a) A previous conviction or finding of guilt of a felony may be proved by any evidence that satisfies the trial court beyond a reasonable doubt that the defendant was convicted or found guilty. (b) Any of the following are sufficient to support a finding of a prior conviction or finding of guilt: (1) A certified copy of the record of a previous conviction or finding of guilt by a court of record; (2) A certificate of the warden or other chief officer of a correctional institution of this state or of another jurisdiction, containing the name and fingerprints of the defendant as the name and fingerprints appear in the records of the warden's or other chief officer's office; or (3) A certificate of the chief custodian of the records of the United States Department of Justice, containing the name and fingerprints of the defendant as the name and fingerprints appear in the records of the chief custodian's office. Acts 1975, No. 280, § 1003; 1977, No. 474, § 6; 1981, No. 252, § 1; A.S.A. 1947, § 41-1003.

(a) A previous conviction or finding of guilt of a felony may be proved by any evidence that satisfies the trial court beyond a reasonable doubt that the defendant was convicted or found guilty.

(b) Any of the following are sufficient to support a finding of a prior conviction or finding of guilt: (1) A certified copy of the record of a previous conviction or finding of guilt by a court of record; (2) A certificate of the warden or other chief officer of a correctional institution of this state or of another jurisdiction, containing the name and fingerprints of the defendant as the name and fingerprints appear in the records of the warden's or other chief officer's office; or (3) A certificate of the chief custodian of the records of the United States Department of Justice, containing the name and fingerprints of the defendant as the name and fingerprints appear in the records of the chief custodian's office.

(1) A certified copy of the record of a previous conviction or finding of guilt by a court of record;

(2) A certificate of the warden or other chief officer of a correctional institution of this state or of another jurisdiction, containing the name and fingerprints of the defendant as the name and fingerprints appear in the records of the warden's or other chief officer's office; or

(3) A certificate of the chief custodian of the records of the United States Department of Justice, containing the name and fingerprints of the defendant as the name and fingerprints appear in the records of the chief custodian's office.

Acts 1975, No. 280, § 1003; 1977, No. 474, § 6; 1981, No. 252, § 1; A.S.A. 1947, § 41-1003.
Ark. Code Ann. § 5-64-441 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-441
Possession of a counterfeit substance
Status: in_force

(a) It is unlawful for any person to possess a counterfeit substance unless the counterfeit substance was obtained: (1) Directly from or pursuant to a valid prescription or an order of a practitioner while acting in the course of his or her professional practice; or (2) As otherwise authorized by this chapter. (b) Any person who violates this section with respect to: (1) A Schedule I or Schedule II controlled substance upon conviction is guilty of a Class D felony; (2) Any other controlled substance, first offense or second offense, upon conviction is guilty of a Class A misdemeanor; and (3) Any other controlled substance, third or subsequent offense, upon conviction is guilty of a Class D felony. (c) For purposes of subsection (b) of this section, an offense is considered a third or subsequent offense if, before his or her conviction for the offense, the person has been convicted two (2) or more times for an offense under subsection (b) of this section or under any equivalent penal statute of the United States or of any state. Amended by Act 2013, No. 1125,§ 13, eff. 8/16/2013. Acts 2011, No. 570, § 61.

(a) It is unlawful for any person to possess a counterfeit substance unless the counterfeit substance was obtained: (1) Directly from or pursuant to a valid prescription or an order of a practitioner while acting in the course of his or her professional practice; or (2) As otherwise authorized by this chapter.

(1) Directly from or pursuant to a valid prescription or an order of a practitioner while acting in the course of his or her professional practice; or

(2) As otherwise authorized by this chapter.

(b) Any person who violates this section with respect to: (1) A Schedule I or Schedule II controlled substance upon conviction is guilty of a Class D felony; (2) Any other controlled substance, first offense or second offense, upon conviction is guilty of a Class A misdemeanor; and (3) Any other controlled substance, third or subsequent offense, upon conviction is guilty of a Class D felony.

(1) A Schedule I or Schedule II controlled substance upon conviction is guilty of a Class D felony;

(2) Any other controlled substance, first offense or second offense, upon conviction is guilty of a Class A misdemeanor; and

(3) Any other controlled substance, third or subsequent offense, upon conviction is guilty of a Class D felony.

(c) For purposes of subsection (b) of this section, an offense is considered a third or subsequent offense if, before his or her conviction for the offense, the person has been convicted two (2) or more times for an offense under subsection (b) of this section or under any equivalent penal statute of the United States or of any state.

Amended by Act 2013, No. 1125,§ 13, eff. 8/16/2013.

Acts 2011, No. 570, § 61.
Ark. Code Ann. § 5-37-520 — AR Code / Title 5 / Chapter 37 / Subchapter 5 / Section 5-37-520
Misrepresentation of nature of business
Status: in_force

(a) It is unlawful for any person, firm, association, or corporation to misrepresent the true nature of its business by use of the words "manufacturer", "wholesaler", "retailer", or a word of similar import or for any person, firm, association, or corporation to represent itself as selling at wholesale or to use the word "wholesale" in any form of sale or advertising unless the person, firm, association, or corporation is actually selling at wholesale an item advertised for the purpose of resale. (b) As used in this section, "wholesale" means a sale made for the purpose of resale and not a sale made to the consuming purchaser. (c) (1) Any person who violates any provision of this section is guilty of a violation and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) and not more than two hundred dollars ($200). (2) Each day's violation constitutes a separate offense. Acts 1961, No. 122, §§ 1, 3; A.S.A. 1947, §§ 41-2359, 41-2361; Acts 2005, No. 1994, § 45.

(a) It is unlawful for any person, firm, association, or corporation to misrepresent the true nature of its business by use of the words "manufacturer", "wholesaler", "retailer", or a word of similar import or for any person, firm, association, or corporation to represent itself as selling at wholesale or to use the word "wholesale" in any form of sale or advertising unless the person, firm, association, or corporation is actually selling at wholesale an item advertised for the purpose of resale.

(b) As used in this section, "wholesale" means a sale made for the purpose of resale and not a sale made to the consuming purchaser.

(c) (1) Any person who violates any provision of this section is guilty of a violation and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) and not more than two hundred dollars ($200). (2) Each day's violation constitutes a separate offense.

(1) Any person who violates any provision of this section is guilty of a violation and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) and not more than two hundred dollars ($200).

(2) Each day's violation constitutes a separate offense.

Acts 1961, No. 122, §§ 1, 3; A.S.A. 1947, §§ 41-2359, 41-2361; Acts 2005, No. 1994, § 45.
Ark. Code Ann. § 5-64-510 — AR Code / Title 5 / Chapter 64 / Subchapter 5 / Section 5-64-510
Methamphetamine-contaminated motor vehicles
Status: in_force

(a) As used in this section, "methamphetamine-contaminated motor vehicle" means a motor vehicle that has been forfeited under § 5-64-505 in which methamphetamine was manufactured as determined by a law enforcement agency or a prosecuting attorney who has possession of the motor vehicle. (b) A law enforcement agency or a prosecuting attorney who has possession of a methamphetamine-contaminated motor vehicle shall destroy or sell for scrap metal the methamphetamine-contaminated motor vehicle. Acts 2009, No. 776, § 1.

(a) As used in this section, "methamphetamine-contaminated motor vehicle" means a motor vehicle that has been forfeited under § 5-64-505 in which methamphetamine was manufactured as determined by a law enforcement agency or a prosecuting attorney who has possession of the motor vehicle.

(b) A law enforcement agency or a prosecuting attorney who has possession of a methamphetamine-contaminated motor vehicle shall destroy or sell for scrap metal the methamphetamine-contaminated motor vehicle.

Acts 2009, No. 776, § 1.
Ark. Code Ann. § 5-27-307 — AR Code / Title 5 / Chapter 27 / Subchapter 3 / Section 5-27-307
Sexually grooming a child
Status: in_force

(a) As used in this section, "disseminates" means to allow to view, expose, furnish, present, sell, or otherwise distribute. (b) A person commits sexually grooming a child if he or she knowingly disseminates to a child thirteen (13) years of age or younger with or without consideration a visual or print medium depicting sexually explicit conduct with the purpose to entice, induce, or groom the child thirteen (13) years of age or younger to engage in the following with a person: (1) Sexual intercourse; (2) Sexually explicit conduct; or (3) Deviate sexual activity. (c) Sexually grooming a child is a: (1) Class D felony if the actor is twenty-one (21) years of age or older; or (2) Class A misdemeanor if the actor is younger than twenty-one (21) years of age. (d) It is an affirmative defense to prosecution under this section that the actor was not more than three (3) years older than the victim. (e) It is not a defense to prosecution under this section that the actor does not know the age of the child or believes the child is fourteen (14) years of age or older. Added by Act 2013, No. 1114,§ 2, eff. 8/16/2013.

(a) As used in this section, "disseminates" means to allow to view, expose, furnish, present, sell, or otherwise distribute.

(b) A person commits sexually grooming a child if he or she knowingly disseminates to a child thirteen (13) years of age or younger with or without consideration a visual or print medium depicting sexually explicit conduct with the purpose to entice, induce, or groom the child thirteen (13) years of age or younger to engage in the following with a person: (1) Sexual intercourse; (2) Sexually explicit conduct; or (3) Deviate sexual activity.

(1) Sexual intercourse;

(2) Sexually explicit conduct; or

(3) Deviate sexual activity.

(c) Sexually grooming a child is a: (1) Class D felony if the actor is twenty-one (21) years of age or older; or (2) Class A misdemeanor if the actor is younger than twenty-one (21) years of age.

(1) Class D felony if the actor is twenty-one (21) years of age or older; or

(2) Class A misdemeanor if the actor is younger than twenty-one (21) years of age.

(d) It is an affirmative defense to prosecution under this section that the actor was not more than three (3) years older than the victim.

(e) It is not a defense to prosecution under this section that the actor does not know the age of the child or believes the child is fourteen (14) years of age or older.

Added by Act 2013, No. 1114,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 5-66-109 — AR Code / Title 5 / Chapter 66 / Section 5-66-109
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1348,§ 16, eff. 8/16/2013. Rev. Stat., ch. 44, div. 6, art. 3, § 5; Rev. Stat., ch. 154, § 2; C. & M. Dig., §§ 2636, 2802; Pope's Dig., §§ 3326, 3506; A.S.A. 1947, §§ 41-3257, 41-3258.

Repealed by Act 2013, No. 1348,§ 16, eff. 8/16/2013.

Rev. Stat., ch. 44, div. 6, art. 3, § 5; Rev. Stat., ch. 154, § 2; C. & M. Dig., §§ 2636, 2802; Pope's Dig., §§ 3326, 3506; A.S.A. 1947, §§ 41-3257, 41-3258.
Ark. Code Ann. § 5-73-321 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-321
Recognition of other states' licenses
Status: in_force

A person in possession of a valid license to carry a concealed handgun issued to the person by another state is entitled to the privileges and subject to the restrictions prescribed by this subchapter. Amended by Act 2013, No. 1089,§ 1, eff. 8/16/2013. Acts 2009, No. 748, § 43.

A person in possession of a valid license to carry a concealed handgun issued to the person by another state is entitled to the privileges and subject to the restrictions prescribed by this subchapter.

Amended by Act 2013, No. 1089,§ 1, eff. 8/16/2013.

Acts 2009, No. 748, § 43.