Ark. Code Ann. § 5-14-126 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-126
Sexual assault in the third degree
Status: in_force

(a) A person commits sexual assault in the third degree if the person: (1) Engages in sexual intercourse or deviate sexual activity with another person who is not the actor's spouse, and the actor is: (A) Employed with the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, the victim is in the custody of the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, and the actor is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; (B) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the person while the person is on probation, parole, or post-release supervision or for any other court-ordered reason; (C) Employed or contracted with or otherwise providing services, supplies, or supervision to an agency maintaining custody of inmates, detainees, or juveniles, the victim is in the custody of the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, and the actor is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or (D) A mandated reporter under § 12-18-402(b) or a member of the clergy and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or (2) (A) Being a minor, engages in sexual intercourse or deviate sexual activity with another person who is less than fourteen (14) years of age. (B) It is an affirmative defense under this subdivision (a)(2) that the actor was not more than three (3) years older than the victim. (b) It is no defense to a prosecution under this section that the victim consented to the conduct. (c) Sexual assault in the third degree is a Class C felony. Amended by Act 2023, No. 659,§ 35, eff. 1/1/2024. Amended by Act 2021, No. 615,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 672, eff. 7/1/2019. Amended by Act 2017, No. 660,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 418,§ 4, eff. 8/1/2017. Acts 2001, No. 1738, § 4; 2003, No. 1324, § 1; 2007, No. 363, § 1; 2009, No. 748, § 14; 2009, No. 758, § 4.

(a) A person commits sexual assault in the third degree if the person: (1) Engages in sexual intercourse or deviate sexual activity with another person who is not the actor's spouse, and the actor is: (A) Employed with the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, the victim is in the custody of the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, and the actor is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; (B) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the person while the person is on probation, parole, or post-release supervision or for any other court-ordered reason; (C) Employed or contracted with or otherwise providing services, supplies, or supervision to an agency maintaining custody of inmates, detainees, or juveniles, the victim is in the custody of the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, and the actor is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or (D) A mandated reporter under § 12-18-402(b) or a member of the clergy and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or (2) (A) Being a minor, engages in sexual intercourse or deviate sexual activity with another person who is less than fourteen (14) years of age. (B) It is an affirmative defense under this subdivision (a)(2) that the actor was not more than three (3) years older than the victim.

(1) Engages in sexual intercourse or deviate sexual activity with another person who is not the actor's spouse, and the actor is: (A) Employed with the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, the victim is in the custody of the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, and the actor is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; (B) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the person while the person is on probation, parole, or post-release supervision or for any other court-ordered reason; (C) Employed or contracted with or otherwise providing services, supplies, or supervision to an agency maintaining custody of inmates, detainees, or juveniles, the victim is in the custody of the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, and the actor is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or (D) A mandated reporter under § 12-18-402(b) or a member of the clergy and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or

(A) Employed with the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, the victim is in the custody of the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, and the actor is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity;

(B) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the person while the person is on probation, parole, or post-release supervision or for any other court-ordered reason;

(C) Employed or contracted with or otherwise providing services, supplies, or supervision to an agency maintaining custody of inmates, detainees, or juveniles, the victim is in the custody of the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, and the actor is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or

(D) A mandated reporter under § 12-18-402(b) or a member of the clergy and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or

(2) (A) Being a minor, engages in sexual intercourse or deviate sexual activity with another person who is less than fourteen (14) years of age. (B) It is an affirmative defense under this subdivision (a)(2) that the actor was not more than three (3) years older than the victim.

(A) Being a minor, engages in sexual intercourse or deviate sexual activity with another person who is less than fourteen (14) years of age.

(B) It is an affirmative defense under this subdivision (a)(2) that the actor was not more than three (3) years older than the victim.

(b) It is no defense to a prosecution under this section that the victim consented to the conduct.

(c) Sexual assault in the third degree is a Class C felony.

Amended by Act 2023, No. 659,§ 35, eff. 1/1/2024.

Amended by Act 2021, No. 615,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 672, eff. 7/1/2019.

Amended by Act 2017, No. 660,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 418,§ 4, eff. 8/1/2017.

Acts 2001, No. 1738, § 4; 2003, No. 1324, § 1; 2007, No. 363, § 1; 2009, No. 748, § 14; 2009, No. 758, § 4.
Ark. Code Ann. § 5-64-446 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-446
Civil or criminal liability
Status: in_force

(a) Civil or criminal liability shall not be imposed by this chapter on any practitioner who manufactures, distributes, or possesses a counterfeit substance for use by a practitioner in the course of professional practice or research or for use as a placebo by a practitioner in the course of professional practice or research. (b) (1) A person who violates §§ 5-64-419 - 5-64-442 is liable for the cost of the cleanup of the site where the person: (A) Manufactured a controlled substance; or (B) Possessed drug paraphernalia or a chemical for the purpose of manufacturing a controlled substance. (2) The person shall make restitution to the state or local agency responsible for the cleanup for the cost of the cleanup under § 5-4-205 . Acts 2011, No. 570, § 66.

(a) Civil or criminal liability shall not be imposed by this chapter on any practitioner who manufactures, distributes, or possesses a counterfeit substance for use by a practitioner in the course of professional practice or research or for use as a placebo by a practitioner in the course of professional practice or research.

(b) (1) A person who violates §§ 5-64-419 - 5-64-442 is liable for the cost of the cleanup of the site where the person: (A) Manufactured a controlled substance; or (B) Possessed drug paraphernalia or a chemical for the purpose of manufacturing a controlled substance. (2) The person shall make restitution to the state or local agency responsible for the cleanup for the cost of the cleanup under § 5-4-205 .

(1) A person who violates §§ 5-64-419 - 5-64-442 is liable for the cost of the cleanup of the site where the person: (A) Manufactured a controlled substance; or (B) Possessed drug paraphernalia or a chemical for the purpose of manufacturing a controlled substance.

(A) Manufactured a controlled substance; or

(B) Possessed drug paraphernalia or a chemical for the purpose of manufacturing a controlled substance.

(2) The person shall make restitution to the state or local agency responsible for the cleanup for the cost of the cleanup under § 5-4-205 .

Acts 2011, No. 570, § 66.
Ark. Code Ann. § 5-26-414 — AR Code / Title 5 / Chapter 26 / Subchapter 4 / Section 5-26-414
Order for periodic payments - Release of defendant on own recognizance
Status: in_force

(a) In its discretion, the original trial court may: (1) Order a defendant who violates § 5-26-401 to pay a certain sum periodically, for a time not to exceed one (1) year, to the spouse or to the guardian or custodian of a child; and (2) Release the defendant from custody upon the defendant's entering a recognizance, with or without sureties, in such sum as the original trial court may direct. (b) The conditions of the recognizance shall be that the defendant: (1) Will comply with the terms of the order; and (2) Appear in court on a day certain. (c) Failure to appear is punishable by imprisonment for not less than ten (10) days nor more than ninety (90) days and shall not be suspended. Acts 1951, No. 67, § 7; 1953, No. 242, § 7; 1981, No. 633, § 2; A.S.A. 1947, § 41-2454.

(a) In its discretion, the original trial court may: (1) Order a defendant who violates § 5-26-401 to pay a certain sum periodically, for a time not to exceed one (1) year, to the spouse or to the guardian or custodian of a child; and (2) Release the defendant from custody upon the defendant's entering a recognizance, with or without sureties, in such sum as the original trial court may direct.

(1) Order a defendant who violates § 5-26-401 to pay a certain sum periodically, for a time not to exceed one (1) year, to the spouse or to the guardian or custodian of a child; and

(2) Release the defendant from custody upon the defendant's entering a recognizance, with or without sureties, in such sum as the original trial court may direct.

(b) The conditions of the recognizance shall be that the defendant: (1) Will comply with the terms of the order; and (2) Appear in court on a day certain.

(1) Will comply with the terms of the order; and

(2) Appear in court on a day certain.

(c) Failure to appear is punishable by imprisonment for not less than ten (10) days nor more than ninety (90) days and shall not be suspended.

Acts 1951, No. 67, § 7; 1953, No. 242, § 7; 1981, No. 633, § 2; A.S.A. 1947, § 41-2454.
Ark. Code Ann. § 5-27-303 — AR Code / Title 5 / Chapter 27 / Subchapter 3 / Section 5-27-303
Engaging children in sexually explicit conduct for use in visual or print medium
Status: in_force

(a) Any person eighteen (18) years of age or older who employs, uses, persuades, induces, entices, or coerces any child to engage in or who has a child assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual or print medium depicting the sexually explicit conduct upon conviction is guilty of a Class Y felony. (b) Any parent, legal guardian, or person having custody or control of a child who knowingly permits the child to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual or print medium depicting the sexually explicit conduct upon conviction is guilty of a Class Y felony. Amended by Act 2021, No. 1102,§ 3, eff. 7/28/2021. Amended by Act 2013, No. 1086,§ 3, eff. 8/16/2013. Acts 1979, No. 499, § 3; A.S.A. 1947, § 41-4203; Acts 2003, No. 1087, § 1.

(a) Any person eighteen (18) years of age or older who employs, uses, persuades, induces, entices, or coerces any child to engage in or who has a child assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual or print medium depicting the sexually explicit conduct upon conviction is guilty of a Class Y felony.

(b) Any parent, legal guardian, or person having custody or control of a child who knowingly permits the child to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual or print medium depicting the sexually explicit conduct upon conviction is guilty of a Class Y felony.

Amended by Act 2021, No. 1102,§ 3, eff. 7/28/2021.

Amended by Act 2013, No. 1086,§ 3, eff. 8/16/2013.

Acts 1979, No. 499, § 3; A.S.A. 1947, § 41-4203; Acts 2003, No. 1087, § 1.
Ark. Code Ann. § 5-37-212 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-212
Unlawfully using a slug
Status: in_force

(a) A person commits the offense of unlawfully using a slug if: (1) With purpose to defraud, the person obtains property or a service sold or offered by means of a coin machine by inserting, depositing, or using a slug in that machine; or (2) The person makes, possesses, or disposes of a slug with purpose to enable a person to use the slug fraudulently in a coin machine. (b) Unlawfully using a slug is a: (1) Class C felony if the value of the property or slug exceeds five hundred dollars ($500); or (2) Class A misdemeanor if otherwise committed. Acts 1975, No. 280, § 2309; A.S.A. 1947, § 41-2309; Acts 2005, No. 1994, § 464.

(a) A person commits the offense of unlawfully using a slug if: (1) With purpose to defraud, the person obtains property or a service sold or offered by means of a coin machine by inserting, depositing, or using a slug in that machine; or (2) The person makes, possesses, or disposes of a slug with purpose to enable a person to use the slug fraudulently in a coin machine.

(1) With purpose to defraud, the person obtains property or a service sold or offered by means of a coin machine by inserting, depositing, or using a slug in that machine; or

(2) The person makes, possesses, or disposes of a slug with purpose to enable a person to use the slug fraudulently in a coin machine.

(b) Unlawfully using a slug is a: (1) Class C felony if the value of the property or slug exceeds five hundred dollars ($500); or (2) Class A misdemeanor if otherwise committed.

(1) Class C felony if the value of the property or slug exceeds five hundred dollars ($500); or

(2) Class A misdemeanor if otherwise committed.

Acts 1975, No. 280, § 2309; A.S.A. 1947, § 41-2309; Acts 2005, No. 1994, § 464.
Ark. Code Ann. § 5-18-105 — AR Code / Title 5 / Chapter 18 / Section 5-18-105
Enhanced liability of an organization
Status: in_force

In addition to any other statutorily authorized sentence or fine, an organization convicted of an offense under this chapter is subject to any combination of the following: (1) A suspension or revocation of a license, permit, or prior approval granted to the organization by a state or local government agency; (2) A court order to dissolve or reorganize; and (3) Other relief as is equitable. Added by Act 2013, No. 133,§ 3, eff. 8/16/2013. Added by Act 2013, No. 132,§ 3, eff. 8/16/2013.

In addition to any other statutorily authorized sentence or fine, an organization convicted of an offense under this chapter is subject to any combination of the following:

(1) A suspension or revocation of a license, permit, or prior approval granted to the organization by a state or local government agency;

(2) A court order to dissolve or reorganize; and

(3) Other relief as is equitable.

Added by Act 2013, No. 133,§ 3, eff. 8/16/2013.

Added by Act 2013, No. 132,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 5-14-103 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-103
Rape
Status: in_force

(a) A person commits rape if he or she engages in sexual intercourse or deviate sexual activity with another person: (1) By forcible compulsion; (2) Who is incapable of consent because he or she is: (A) Physically helpless; (B) Mentally defective; or (C) Mentally incapacitated; (3) (A) Who is less than fourteen (14) years of age. (B) It is an affirmative defense to a prosecution under subdivision (a)(3)(A) of this section that the actor was not more than three (3) years older than the victim; or (4) (A) Who is a minor and the actor is the victim's: (i) Guardian; (ii) Uncle, aunt, grandparent, step-grandparent, or grandparent by adoption; (iii) Brother or sister of the whole or half blood or by adoption; or (iv) Nephew, niece, or first cousin. (B) It is an affirmative defense to a prosecution under subdivision (a)(4)(A) of this section that the actor was not more than three (3) years older than the victim. (b) It is no defense to a prosecution under subdivision (a)(3) or subdivision (a)(4) of this section that the victim consented to the conduct. (c) (1) Rape is a Class Y felony. (2) Except as provided under § 5-4-104(c)(2) , a person who pleads guilty or nolo contendere to or is found guilty of rape involving a victim who is less than fourteen (14) years of age shall be sentenced to a minimum term of imprisonment of twenty-five (25) years. (d) (1) A court may issue a permanent no contact order when: (A) A defendant pleads guilty or nolo contendere; or (B) All of the defendant's appeals have been exhausted and the defendant remains convicted. (2) If a 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. (e) A person convicted of rape is subject to § 9-10-121 . Amended by Act 2021, No. 1102,§ 2, eff. 7/28/2021. Amended by Act 2017, No. 472,§ 19, eff. 8/1/2017. Amended by Act 2013, No. 210,§ 2, eff. 3/1/2013. Acts 1975, No. 280, § 1803; 1981, No. 620, § 12; 1985, No. 281, § 2; 1985, No. 919, § 2; A.S.A. 1947, § 41-1803; Acts 1993, No. 935, § 1; 1997, No. 831, § 1; 2001, No. 299, § 1; 2001, No. 1738, § 1; 2003, No. 1469, § 3; 2006 (1st Ex. Sess.), No. 5, § 2; 2009, No. 748, § 8.

(a) A person commits rape if he or she engages in sexual intercourse or deviate sexual activity with another person: (1) By forcible compulsion; (2) Who is incapable of consent because he or she is: (A) Physically helpless; (B) Mentally defective; or (C) Mentally incapacitated; (3) (A) Who is less than fourteen (14) years of age. (B) It is an affirmative defense to a prosecution under subdivision (a)(3)(A) of this section that the actor was not more than three (3) years older than the victim; or (4) (A) Who is a minor and the actor is the victim's: (i) Guardian; (ii) Uncle, aunt, grandparent, step-grandparent, or grandparent by adoption; (iii) Brother or sister of the whole or half blood or by adoption; or (iv) Nephew, niece, or first cousin. (B) It is an affirmative defense to a prosecution under subdivision (a)(4)(A) of this section that the actor was not more than three (3) years older than the victim.

(1) By forcible compulsion;

(2) Who is incapable of consent because he or she is: (A) Physically helpless; (B) Mentally defective; or (C) Mentally incapacitated;

(A) Physically helpless;

(B) Mentally defective; or

(C) Mentally incapacitated;

(3) (A) Who is less than fourteen (14) years of age. (B) It is an affirmative defense to a prosecution under subdivision (a)(3)(A) of this section that the actor was not more than three (3) years older than the victim; or

(A) Who is less than fourteen (14) years of age.

(B) It is an affirmative defense to a prosecution under subdivision (a)(3)(A) of this section that the actor was not more than three (3) years older than the victim; or

(4) (A) Who is a minor and the actor is the victim's: (i) Guardian; (ii) Uncle, aunt, grandparent, step-grandparent, or grandparent by adoption; (iii) Brother or sister of the whole or half blood or by adoption; or (iv) Nephew, niece, or first cousin. (B) It is an affirmative defense to a prosecution under subdivision (a)(4)(A) of this section that the actor was not more than three (3) years older than the victim.

(A) Who is a minor and the actor is the victim's: (i) Guardian; (ii) Uncle, aunt, grandparent, step-grandparent, or grandparent by adoption; (iii) Brother or sister of the whole or half blood or by adoption; or (iv) Nephew, niece, or first cousin.

(i) Guardian;

(ii) Uncle, aunt, grandparent, step-grandparent, or grandparent by adoption;

(iii) Brother or sister of the whole or half blood or by adoption; or

(iv) Nephew, niece, or first cousin.

(B) It is an affirmative defense to a prosecution under subdivision (a)(4)(A) of this section that the actor was not more than three (3) years older than the victim.

(b) It is no defense to a prosecution under subdivision (a)(3) or subdivision (a)(4) of this section that the victim consented to the conduct.

(c) (1) Rape is a Class Y felony. (2) Except as provided under § 5-4-104(c)(2) , a person who pleads guilty or nolo contendere to or is found guilty of rape involving a victim who is less than fourteen (14) years of age shall be sentenced to a minimum term of imprisonment of twenty-five (25) years.

(1) Rape is a Class Y felony.

(2) Except as provided under § 5-4-104(c)(2) , a person who pleads guilty or nolo contendere to or is found guilty of rape involving a victim who is less than fourteen (14) years of age shall be sentenced to a minimum term of imprisonment of twenty-five (25) years.

(d) (1) A court may issue a permanent no contact order when: (A) A defendant pleads guilty or nolo contendere; or (B) All of the defendant's appeals have been exhausted and the defendant remains convicted. (2) If a 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.

(1) A court may issue a permanent no contact order when: (A) A defendant pleads guilty or nolo contendere; or (B) All of the defendant's appeals have been exhausted and the defendant remains convicted.

(A) A defendant pleads guilty or nolo contendere; or

(B) All of the defendant's appeals have been exhausted and the defendant remains convicted.

(2) If a 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.

(e) A person convicted of rape is subject to § 9-10-121 .

Amended by Act 2021, No. 1102,§ 2, eff. 7/28/2021.

Amended by Act 2017, No. 472,§ 19, eff. 8/1/2017.

Amended by Act 2013, No. 210,§ 2, eff. 3/1/2013.

Acts 1975, No. 280, § 1803; 1981, No. 620, § 12; 1985, No. 281, § 2; 1985, No. 919, § 2; A.S.A. 1947, § 41-1803; Acts 1993, No. 935, § 1; 1997, No. 831, § 1; 2001, No. 299, § 1; 2001, No. 1738, § 1; 2003, No. 1469, § 3; 2006 (1st Ex. Sess.), No. 5, § 2; 2009, No. 748, § 8.
Ark. Code Ann. § 5-14-127 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-127
Sexual assault in the fourth degree
Status: in_force

(a) A person commits sexual assault in the fourth degree if the person: (1) Being twenty (20) years of age or older: (A) Engages in sexual intercourse or deviate sexual activity with another person who is: (i) Less than sixteen (16) years of age; and (ii) Not the person's spouse; or (B) Engages in sexual contact with another person who is: (i) Less than sixteen (16) years of age; and (ii) Not the person's spouse; or (2) Engages in sexual contact with another person who is not the actor's spouse, and the actor is employed with the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, and the victim is in the custody of the Division of Correction, Division of Community Correction, Department of Human Services, or a city or county jail. (b) (1) Sexual assault in the fourth degree under subdivisions (a)(1)(A) and (a)(2) of this section is a Class D felony. (2) Sexual assault in the fourth degree under subdivision (a)(1)(B) of this section is a Class A misdemeanor if the person engages only in sexual contact with another person as described in subdivision (a)(1)(B) of this section. Amended by Act 2019, No. 910,§ 673, eff. 7/1/2019. Acts 2001, No. 1738, § 5; 2003, No. 1325, § 1; 2009, No. 630, § 1.

(a) A person commits sexual assault in the fourth degree if the person: (1) Being twenty (20) years of age or older: (A) Engages in sexual intercourse or deviate sexual activity with another person who is: (i) Less than sixteen (16) years of age; and (ii) Not the person's spouse; or (B) Engages in sexual contact with another person who is: (i) Less than sixteen (16) years of age; and (ii) Not the person's spouse; or (2) Engages in sexual contact with another person who is not the actor's spouse, and the actor is employed with the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, and the victim is in the custody of the Division of Correction, Division of Community Correction, Department of Human Services, or a city or county jail.

(1) Being twenty (20) years of age or older: (A) Engages in sexual intercourse or deviate sexual activity with another person who is: (i) Less than sixteen (16) years of age; and (ii) Not the person's spouse; or (B) Engages in sexual contact with another person who is: (i) Less than sixteen (16) years of age; and (ii) Not the person's spouse; or

(A) Engages in sexual intercourse or deviate sexual activity with another person who is: (i) Less than sixteen (16) years of age; and (ii) Not the person's spouse; or

(i) Less than sixteen (16) years of age; and

(ii) Not the person's spouse; or

(B) Engages in sexual contact with another person who is: (i) Less than sixteen (16) years of age; and (ii) Not the person's spouse; or

(i) Less than sixteen (16) years of age; and

(ii) Not the person's spouse; or

(2) Engages in sexual contact with another person who is not the actor's spouse, and the actor is employed with the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, and the victim is in the custody of the Division of Correction, Division of Community Correction, Department of Human Services, or a city or county jail.

(b) (1) Sexual assault in the fourth degree under subdivisions (a)(1)(A) and (a)(2) of this section is a Class D felony. (2) Sexual assault in the fourth degree under subdivision (a)(1)(B) of this section is a Class A misdemeanor if the person engages only in sexual contact with another person as described in subdivision (a)(1)(B) of this section.

(1) Sexual assault in the fourth degree under subdivisions (a)(1)(A) and (a)(2) of this section is a Class D felony.

(2) Sexual assault in the fourth degree under subdivision (a)(1)(B) of this section is a Class A misdemeanor if the person engages only in sexual contact with another person as described in subdivision (a)(1)(B) of this section.

Amended by Act 2019, No. 910,§ 673, eff. 7/1/2019.

Acts 2001, No. 1738, § 5; 2003, No. 1325, § 1; 2009, No. 630, § 1.
Ark. Code Ann. § 5-63-303 — AR Code / Title 5 / Chapter 63 / Subchapter 3 / Section 5-63-303
Debt adjusting - Injunction against operation - Receivership
Status: in_force

(a) In an action brought in the name of the state by a prosecuting attorney within his or her district or by the Attorney General, a circuit court has jurisdiction to enjoin any person from: (1) Acting, offering to act, or attempting to act as a debt adjuster; or (2) Engaging in the business of debt adjusting. (b) In an action under subsection (a) of this section, the circuit court may appoint a receiver for the property and money employed in the transaction of business by the person as a debt adjuster, to ensure, so far as may be possible, the return to debtors of so much of their money and property as has been received by the debt adjuster and has not been paid to the creditors of the debtors. Acts 1967, No. 61, § 3; A.S.A. 1947, § 41-4159.

(a) In an action brought in the name of the state by a prosecuting attorney within his or her district or by the Attorney General, a circuit court has jurisdiction to enjoin any person from: (1) Acting, offering to act, or attempting to act as a debt adjuster; or (2) Engaging in the business of debt adjusting.

(1) Acting, offering to act, or attempting to act as a debt adjuster; or

(2) Engaging in the business of debt adjusting.

(b) In an action under subsection (a) of this section, the circuit court may appoint a receiver for the property and money employed in the transaction of business by the person as a debt adjuster, to ensure, so far as may be possible, the return to debtors of so much of their money and property as has been received by the debt adjuster and has not been paid to the creditors of the debtors.

Acts 1967, No. 61, § 3; A.S.A. 1947, § 41-4159.
Ark. Code Ann. § 5-4-321 — AR Code / Title 5 / Chapter 4 / Subchapter 3 / Section 5-4-321
Judgment in certain misdemeanor traffic cases - Postponement
Status: in_force

(a) In a misdemeanor traffic case, other than a case involving driving under the influence of alcohol or a drug, a judge may postpone a judgment for not more than one (1) year, and during the one (1) year period a defendant: (1) Is in a probation status, supervised or unsupervised; and (2) Remains in a probation status until a judgment is entered. (b) At the request of a defendant, parent of a minor defendant, or counsel for a defendant, judgment shall be entered as quickly as feasible and not more than ten (10) days following the request. (c) At the request of a defendant, parent of a minor defendant, or counsel for a defendant, probation may be continued and judgment postponed for more than one (1) year. Acts 1985, No. 967, §§ 1, 2; A.S.A. 1947, §§ 75-1059, 75-1060; Acts 1987, No. 457, § 1.

(a) In a misdemeanor traffic case, other than a case involving driving under the influence of alcohol or a drug, a judge may postpone a judgment for not more than one (1) year, and during the one (1) year period a defendant: (1) Is in a probation status, supervised or unsupervised; and (2) Remains in a probation status until a judgment is entered.

(1) Is in a probation status, supervised or unsupervised; and

(2) Remains in a probation status until a judgment is entered.

(b) At the request of a defendant, parent of a minor defendant, or counsel for a defendant, judgment shall be entered as quickly as feasible and not more than ten (10) days following the request.

(c) At the request of a defendant, parent of a minor defendant, or counsel for a defendant, probation may be continued and judgment postponed for more than one (1) year.

Acts 1985, No. 967, §§ 1, 2; A.S.A. 1947, §§ 75-1059, 75-1060; Acts 1987, No. 457, § 1.
Ark. Code Ann. § 5-37-305 — AR Code / Title 5 / Chapter 37 / Subchapter 3 / Section 5-37-305
Restitution and court costs
Status: in_force

(a) Any court passing sentence upon a person convicted of any offense under this subchapter may also order the person to make full restitution to the plaintiff or complaining party. (b) All court costs may be taxed to the convicted defendant. Amended by Act 2015, No. 1263,§ 11, eff. 7/22/2015. Amended by Act 2013, No. 1125,§ 11, eff. 8/16/2013. Amended by Act 2013, No. 425,§ 1, eff. 8/16/2013. Acts 1959, No. 241, § 5; 1961, No. 500, § 1; 1977, No. 766, § 1; 1981, No. 899, § 5; 1983, No. 473, § 2; 1983, No. 719, § 4; 1985, No. 254, § 1; A.S.A. 1947, § 67-723; Acts 2001, No. 1466, § 3; 2007, No. 632, § 1; 2009, No. 748, § 22; 2011, No. 570, § 28.

(a) Any court passing sentence upon a person convicted of any offense under this subchapter may also order the person to make full restitution to the plaintiff or complaining party.

(b) All court costs may be taxed to the convicted defendant.

Amended by Act 2015, No. 1263,§ 11, eff. 7/22/2015.

Amended by Act 2013, No. 1125,§ 11, eff. 8/16/2013.

Amended by Act 2013, No. 425,§ 1, eff. 8/16/2013.

Acts 1959, No. 241, § 5; 1961, No. 500, § 1; 1977, No. 766, § 1; 1981, No. 899, § 5; 1983, No. 473, § 2; 1983, No. 719, § 4; 1985, No. 254, § 1; A.S.A. 1947, § 67-723; Acts 2001, No. 1466, § 3; 2007, No. 632, § 1; 2009, No. 748, § 22; 2011, No. 570, § 28.
Ark. Code Ann. § 5-62-107 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-107
Immunity for reporting cruelty to animals or aggravated cruelty to a dog, cat, or equine
Status: in_force

Except as provided in § 5-54-122 , a person who in good faith reports a suspected incident of cruelty to animals, § 5-62-103 , or aggravated cruelty to a dog, cat, or equine, § 5-62-104 , to a local law enforcement agency or to the Division of Arkansas State Police is immune from civil and criminal liability for reporting the incident. Amended by Act 2017, No. 389,§ 5, eff. 8/1/2017. Acts 2009, No. 33, § 3.

Except as provided in § 5-54-122 , a person who in good faith reports a suspected incident of cruelty to animals, § 5-62-103 , or aggravated cruelty to a dog, cat, or equine, § 5-62-104 , to a local law enforcement agency or to the Division of Arkansas State Police is immune from civil and criminal liability for reporting the incident.

Amended by Act 2017, No. 389,§ 5, eff. 8/1/2017.

Acts 2009, No. 33, § 3.
Ark. Code Ann. § 5-4-906 — AR Code / Title 5 / Chapter 4 / Subchapter 9 / Section 5-4-906
Record sealing upon completion
Status: in_force

(a) A pre-adjudication probation program judge, on his or her own motion or upon a request from the participant in the pre-adjudication probation program, shall order sealing and dismissal of a case if: (1) The participant in the pre-adjudication probation program has successfully completed a pre-adjudication probation program, as determined by the pre-adjudication probation program judge; (2) The pre-adjudication probation program judge has received a recommendation from the prosecuting attorney for sealing and dismissal of the case; and (3) The pre-adjudication probation program judge, after considering the past criminal history of the participant in the pre-adjudication probation program, determines that sealing and dismissal of the case is appropriate. (b) Unless otherwise ordered by the pre-adjudication probation program court, sealing under this section shall be as described in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq. Amended by Act 2015, No. 1155,§ 3, eff. 7/22/2015. Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.

(a) A pre-adjudication probation program judge, on his or her own motion or upon a request from the participant in the pre-adjudication probation program, shall order sealing and dismissal of a case if: (1) The participant in the pre-adjudication probation program has successfully completed a pre-adjudication probation program, as determined by the pre-adjudication probation program judge; (2) The pre-adjudication probation program judge has received a recommendation from the prosecuting attorney for sealing and dismissal of the case; and (3) The pre-adjudication probation program judge, after considering the past criminal history of the participant in the pre-adjudication probation program, determines that sealing and dismissal of the case is appropriate.

(1) The participant in the pre-adjudication probation program has successfully completed a pre-adjudication probation program, as determined by the pre-adjudication probation program judge;

(2) The pre-adjudication probation program judge has received a recommendation from the prosecuting attorney for sealing and dismissal of the case; and

(3) The pre-adjudication probation program judge, after considering the past criminal history of the participant in the pre-adjudication probation program, determines that sealing and dismissal of the case is appropriate.

(b) Unless otherwise ordered by the pre-adjudication probation program court, sealing under this section shall be as described in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.

Amended by Act 2015, No. 1155,§ 3, eff. 7/22/2015.

Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-28-103 — AR Code / Title 5 / Chapter 28 / Subchapter 1 / Section 5-28-103
Criminal penalties for abuse of an endangered or impaired person
Status: in_force

(a) It is unlawful for any person or caregiver to abuse, neglect, or exploit any endangered person or impaired person subject to protection under a provision of this chapter. (b) (1) If the abuse causes serious physical injury or a substantial risk of death, any person or caregiver who purposely abuses an endangered person or an impaired person is guilty of a Class B felony. (2) If the abuse causes physical injury, any person or caregiver who purposely abuses an adult endangered person or an adult impaired person in violation of a provision of this chapter is guilty of a Class D felony. (3) Any person or caregiver who abuses an adult endangered person or an adult impaired person is guilty of a Class B misdemeanor. (c) (1) Any person or caregiver who neglects an adult endangered person or an adult impaired person in violation of a provision of this chapter, causing serious physical injury or substantial risk of death, is guilty of a Class D felony. (2) Any person or caregiver who neglects an adult endangered person or an adult impaired person in violation of a provision of this chapter, causing physical injury, is guilty of a Class B misdemeanor. (3) Any person or caregiver who purposely neglects an adult endangered person or an adult impaired person without causing physical injury is guilty of a Class C misdemeanor. (d) Any person or caregiver who exploits a person in violation of a provision of this chapter when the value of the property, asset, or resource is: (1) Two thousand five hundred dollars ($2,500) or more, is guilty of a Class B felony; (2) Less than two thousand five hundred dollars ($2,500) but more than two hundred dollars ($200), is guilty of a Class C felony; and (3) Two hundred dollars ($200) or less, is guilty of a Class A misdemeanor. Amended by Act 2019, No. 916,§ 1, eff. 7/24/2019. Acts 1983, No. 452, § 3; A.S.A. 1947, § 59-1303; Acts 1993, No. 1292, § 2; 1995, No. 1338, § 2; 2005, No. 1810, § 2; 2005, No. 1994, § 297.

(a) It is unlawful for any person or caregiver to abuse, neglect, or exploit any endangered person or impaired person subject to protection under a provision of this chapter.

(b) (1) If the abuse causes serious physical injury or a substantial risk of death, any person or caregiver who purposely abuses an endangered person or an impaired person is guilty of a Class B felony. (2) If the abuse causes physical injury, any person or caregiver who purposely abuses an adult endangered person or an adult impaired person in violation of a provision of this chapter is guilty of a Class D felony. (3) Any person or caregiver who abuses an adult endangered person or an adult impaired person is guilty of a Class B misdemeanor.

(1) If the abuse causes serious physical injury or a substantial risk of death, any person or caregiver who purposely abuses an endangered person or an impaired person is guilty of a Class B felony.

(2) If the abuse causes physical injury, any person or caregiver who purposely abuses an adult endangered person or an adult impaired person in violation of a provision of this chapter is guilty of a Class D felony.

(3) Any person or caregiver who abuses an adult endangered person or an adult impaired person is guilty of a Class B misdemeanor.

(c) (1) Any person or caregiver who neglects an adult endangered person or an adult impaired person in violation of a provision of this chapter, causing serious physical injury or substantial risk of death, is guilty of a Class D felony. (2) Any person or caregiver who neglects an adult endangered person or an adult impaired person in violation of a provision of this chapter, causing physical injury, is guilty of a Class B misdemeanor. (3) Any person or caregiver who purposely neglects an adult endangered person or an adult impaired person without causing physical injury is guilty of a Class C misdemeanor.

(1) Any person or caregiver who neglects an adult endangered person or an adult impaired person in violation of a provision of this chapter, causing serious physical injury or substantial risk of death, is guilty of a Class D felony.

(2) Any person or caregiver who neglects an adult endangered person or an adult impaired person in violation of a provision of this chapter, causing physical injury, is guilty of a Class B misdemeanor.

(3) Any person or caregiver who purposely neglects an adult endangered person or an adult impaired person without causing physical injury is guilty of a Class C misdemeanor.

(d) Any person or caregiver who exploits a person in violation of a provision of this chapter when the value of the property, asset, or resource is: (1) Two thousand five hundred dollars ($2,500) or more, is guilty of a Class B felony; (2) Less than two thousand five hundred dollars ($2,500) but more than two hundred dollars ($200), is guilty of a Class C felony; and (3) Two hundred dollars ($200) or less, is guilty of a Class A misdemeanor.

(1) Two thousand five hundred dollars ($2,500) or more, is guilty of a Class B felony;

(2) Less than two thousand five hundred dollars ($2,500) but more than two hundred dollars ($200), is guilty of a Class C felony; and

(3) Two hundred dollars ($200) or less, is guilty of a Class A misdemeanor.

Amended by Act 2019, No. 916,§ 1, eff. 7/24/2019.

Acts 1983, No. 452, § 3; A.S.A. 1947, § 59-1303; Acts 1993, No. 1292, § 2; 1995, No. 1338, § 2; 2005, No. 1810, § 2; 2005, No. 1994, § 297.
Ark. Code Ann. § 5-39-213 — AR Code / Title 5 / Chapter 39 / Subchapter 2 / Section 5-39-213
Advertising on property without owner's written permission
Status: in_force

(a) It is unlawful for any person, firm, or corporation to place any advertising on any property in this state without first securing the written permission of the owner of the property. (b) Any person violating a provision of this section is guilty of a violation and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100). Acts 1941, No. 359, §§ 1, 3; A.S.A. 1947, §§ 41-2052, 41-2053; Acts 2005, No. 1994, § 48.

(a) It is unlawful for any person, firm, or corporation to place any advertising on any property in this state without first securing the written permission of the owner of the property.

(b) Any person violating a provision of this section is guilty of a violation and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100).

Acts 1941, No. 359, §§ 1, 3; A.S.A. 1947, §§ 41-2052, 41-2053; Acts 2005, No. 1994, § 48.
Ark. Code Ann. § 5-14-131 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-131
Registered offender living near victim or having contact with victim prohibited
Status: in_force

(a) As used in this section, "victim" means a victim of a sex offense for which a person is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq. (b) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly: (1) Reside within two thousand feet (2,000') of the residence of his or her victim; or (2) Have direct or indirect contact with his or her victim for the purpose of harassment under § 5-71-208 . (c) (1) It is an affirmative defense to a prosecution for a violation of subdivision (b)(1) of this section if the property where the sex offender resides is owned and occupied by the sex offender and was purchased prior to the date on which his or her victim began residing within two thousand feet (2,000') of the residence of the sex offender. (2) The affirmative defense in subdivision (c)(1) of this section is not available to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense involving his or her victim after his or her victim began residing within two thousand feet (2,000') of the residence of the sex offender. (d) (1) It is an affirmative defense to a prosecution for a violation of subdivision (b)(1) of this section if the sex offender resides on property he or she owned prior to March 21, 2007. (2) The affirmative defense in subdivision (d)(1) of this section is not available to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense involving his or her victim after March 21, 2007. (e) Upon conviction, a person who violates this section is guilty of a Class D felony. Acts 2007, No. 394, § 1.

(a) As used in this section, "victim" means a victim of a sex offense for which a person is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.

(b) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly: (1) Reside within two thousand feet (2,000') of the residence of his or her victim; or (2) Have direct or indirect contact with his or her victim for the purpose of harassment under § 5-71-208 .

(1) Reside within two thousand feet (2,000') of the residence of his or her victim; or

(2) Have direct or indirect contact with his or her victim for the purpose of harassment under § 5-71-208 .

(c) (1) It is an affirmative defense to a prosecution for a violation of subdivision (b)(1) of this section if the property where the sex offender resides is owned and occupied by the sex offender and was purchased prior to the date on which his or her victim began residing within two thousand feet (2,000') of the residence of the sex offender. (2) The affirmative defense in subdivision (c)(1) of this section is not available to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense involving his or her victim after his or her victim began residing within two thousand feet (2,000') of the residence of the sex offender.

(1) It is an affirmative defense to a prosecution for a violation of subdivision (b)(1) of this section if the property where the sex offender resides is owned and occupied by the sex offender and was purchased prior to the date on which his or her victim began residing within two thousand feet (2,000') of the residence of the sex offender.

(2) The affirmative defense in subdivision (c)(1) of this section is not available to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense involving his or her victim after his or her victim began residing within two thousand feet (2,000') of the residence of the sex offender.

(d) (1) It is an affirmative defense to a prosecution for a violation of subdivision (b)(1) of this section if the sex offender resides on property he or she owned prior to March 21, 2007. (2) The affirmative defense in subdivision (d)(1) of this section is not available to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense involving his or her victim after March 21, 2007.

(1) It is an affirmative defense to a prosecution for a violation of subdivision (b)(1) of this section if the sex offender resides on property he or she owned prior to March 21, 2007.

(2) The affirmative defense in subdivision (d)(1) of this section is not available to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense involving his or her victim after March 21, 2007.

(e) Upon conviction, a person who violates this section is guilty of a Class D felony.

Acts 2007, No. 394, § 1.
Ark. Code Ann. § 5-10-203 — AR Code / Title 5 / Chapter 10 / Subchapter 2 / Section 5-10-203
Death by delivery in the first degree
Status: in_force

(a) A person commits the offense of death by delivery in the first degree if: (1) He or she knowingly delivers or conveys methamphetamine, heroin, or cocaine to another person; and (2) The injection, ingestion, inhalation, or other introduction of the methamphetamine, heroin, or cocaine, including any adulterants or diluents, is the cause of death of the person. (b) (1) Except as provided in subdivision (b)(2) of this section, death by delivery in the first degree is a Class Y felony. (2) Death by delivery in the first degree is a Class A felony if the defendant proves by a preponderance of the evidence one (1) or more of the following factors: (A) The defendant does not have a prior felony conviction; (B) The defendant played a minor or passive role in the delivery or conveyance of the methamphetamine, heroin, or cocaine; (C) The defendant was unaware of adulterants or diluents in the methamphetamine, heroin, or cocaine that accelerated or contributed to the death of the other person; or (D) The defendant possessed the methamphetamine, heroin, or cocaine for personal use and the conveyance was not part of a transaction for which the defendant obtained income, resources, or benefits. Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.

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

(1) He or she knowingly delivers or conveys methamphetamine, heroin, or cocaine to another person; and

(2) The injection, ingestion, inhalation, or other introduction of the methamphetamine, heroin, or cocaine, including any adulterants or diluents, is the cause of death of the person.

(b) (1) Except as provided in subdivision (b)(2) of this section, death by delivery in the first degree is a Class Y felony. (2) Death by delivery in the first degree is a Class A felony if the defendant proves by a preponderance of the evidence one (1) or more of the following factors: (A) The defendant does not have a prior felony conviction; (B) The defendant played a minor or passive role in the delivery or conveyance of the methamphetamine, heroin, or cocaine; (C) The defendant was unaware of adulterants or diluents in the methamphetamine, heroin, or cocaine that accelerated or contributed to the death of the other person; or (D) The defendant possessed the methamphetamine, heroin, or cocaine for personal use and the conveyance was not part of a transaction for which the defendant obtained income, resources, or benefits.

(1) Except as provided in subdivision (b)(2) of this section, death by delivery in the first degree is a Class Y felony.

(2) Death by delivery in the first degree is a Class A felony if the defendant proves by a preponderance of the evidence one (1) or more of the following factors: (A) The defendant does not have a prior felony conviction; (B) The defendant played a minor or passive role in the delivery or conveyance of the methamphetamine, heroin, or cocaine; (C) The defendant was unaware of adulterants or diluents in the methamphetamine, heroin, or cocaine that accelerated or contributed to the death of the other person; or (D) The defendant possessed the methamphetamine, heroin, or cocaine for personal use and the conveyance was not part of a transaction for which the defendant obtained income, resources, or benefits.

(A) The defendant does not have a prior felony conviction;

(B) The defendant played a minor or passive role in the delivery or conveyance of the methamphetamine, heroin, or cocaine;

(C) The defendant was unaware of adulterants or diluents in the methamphetamine, heroin, or cocaine that accelerated or contributed to the death of the other person; or

(D) The defendant possessed the methamphetamine, heroin, or cocaine for personal use and the conveyance was not part of a transaction for which the defendant obtained income, resources, or benefits.

Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.
Ark. Code Ann. § 5-64-420 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-420
Possession of methamphetamine, heroin, or cocaine with the purpose to deliver
Status: in_force

(a) Except as provided by this chapter, it is unlawful if a person possesses methamphetamine, heroin, or cocaine with the purpose to deliver the methamphetamine, heroin, or cocaine. Purpose to deliver may be shown by any of the following factors: (1) The person possesses the means to weigh, separate, or package methamphetamine, heroin, or cocaine; (2) The person possesses a record indicating a drug-related transaction; (3) The methamphetamine, heroin, or cocaine is separated and packaged in a manner to facilitate delivery; (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of methamphetamine, heroin, or cocaine; (5) The person possesses at least two (2) other controlled substances in any amount; or (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver methamphetamine, heroin, or cocaine. (b) A person who violates this section upon conviction is guilty of a: (1) Class C felony if the person possessed less than two grams (2g) of methamphetamine, heroin, or cocaine by aggregate weight, including an adulterant or diluent; (2) Class B felony if the person possessed two grams (2g) or more but less than ten grams (10g) of methamphetamine, heroin, or cocaine by aggregate weight, including an adulterant or diluent; or (3) Class A felony if the person possessed ten grams (10g) or more but less than two hundred grams (200g) of methamphetamine, heroin, or cocaine by aggregate weight, including an adulterant or diluent. Amended by Act 2021, No. 887,§ 3, eff. 7/28/2021. Acts 2011, No. 570, § 45.

(a) Except as provided by this chapter, it is unlawful if a person possesses methamphetamine, heroin, or cocaine with the purpose to deliver the methamphetamine, heroin, or cocaine. Purpose to deliver may be shown by any of the following factors: (1) The person possesses the means to weigh, separate, or package methamphetamine, heroin, or cocaine; (2) The person possesses a record indicating a drug-related transaction; (3) The methamphetamine, heroin, or cocaine is separated and packaged in a manner to facilitate delivery; (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of methamphetamine, heroin, or cocaine; (5) The person possesses at least two (2) other controlled substances in any amount; or (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver methamphetamine, heroin, or cocaine.

(1) The person possesses the means to weigh, separate, or package methamphetamine, heroin, or cocaine;

(2) The person possesses a record indicating a drug-related transaction;

(3) The methamphetamine, heroin, or cocaine is separated and packaged in a manner to facilitate delivery;

(4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of methamphetamine, heroin, or cocaine;

(5) The person possesses at least two (2) other controlled substances in any amount; or

(6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver methamphetamine, heroin, or cocaine.

(b) A person who violates this section upon conviction is guilty of a: (1) Class C felony if the person possessed less than two grams (2g) of methamphetamine, heroin, or cocaine by aggregate weight, including an adulterant or diluent; (2) Class B felony if the person possessed two grams (2g) or more but less than ten grams (10g) of methamphetamine, heroin, or cocaine by aggregate weight, including an adulterant or diluent; or (3) Class A felony if the person possessed ten grams (10g) or more but less than two hundred grams (200g) of methamphetamine, heroin, or cocaine by aggregate weight, including an adulterant or diluent.

(1) Class C felony if the person possessed less than two grams (2g) of methamphetamine, heroin, or cocaine by aggregate weight, including an adulterant or diluent;

(2) Class B felony if the person possessed two grams (2g) or more but less than ten grams (10g) of methamphetamine, heroin, or cocaine by aggregate weight, including an adulterant or diluent; or

(3) Class A felony if the person possessed ten grams (10g) or more but less than two hundred grams (200g) of methamphetamine, heroin, or cocaine by aggregate weight, including an adulterant or diluent.

Amended by Act 2021, No. 887,§ 3, eff. 7/28/2021.

Acts 2011, No. 570, § 45.
Ark. Code Ann. § 5-36-120 — AR Code / Title 5 / Chapter 36 / Subchapter 1 / Section 5-36-120
Theft of motor fuel
Status: in_force

(a) A person commits the offense of theft of motor fuel if the person knowingly operates an automobile or other related vehicle after placing motor fuel in the automobile or other related vehicle at a: (1) Service station, filling station, garage, or other business where motor fuel is offered for sale at retail, so as to cause the automobile or other related vehicle to leave the premises of the service station, filling station, gasoline station, garage, or any other business where motor fuel is offered for sale at retail, with the intent of depriving the owner of the motor fuel and not making payment for the motor fuel; or (2) Location owned by a political subdivision or nonprofit entity whether or not the motor fuel is offered for sale at retail, so as to cause the automobile or other related vehicle to leave the premises of the political subdivision or nonprofit entity, with the intent of depriving the owner of the motor fuel and not making payment for the motor fuel. (b) Theft of motor fuel is a Class A misdemeanor. (c) (1) (A) In addition to a penalty in subsection (b) of this section, a person who pleads guilty or nolo contendere to or is found guilty of theft of motor fuel shall have his or her driver's license suspended by the court for a period of not more than six (6) months. (B) However, if the person's driver's license has previously been suspended for theft of motor fuel, the court shall suspend the person's driver's license for not less than one (1) year. (2) (A) The court shall immediately take possession of any suspended driver's license and forward it to the Office of Driver Services. (B) The office shall notify the licensee of the suspension and of an opportunity to request a hearing to determine if a restricted permit should be issued during the time of suspension. (d) Any service station, filling station, garage, or other location where motor fuel is offered for sale at retail shall prominently display on each face of a retail product dispenser a sign that contains the following: "THEFT OF MOTOR FUEL IS A CLASS A MISDEMEANOR AND CARRIES A MAXIMUM PENALTY OF ONE (1) YEAR IN JAIL, $1000 FINE, AND A ONE (1) YEAR SUSPENSION OF YOUR DRIVER'S LICENSE." (e) As used in this section: (1) "Nonprofit entity" means an organization that is exempt from income tax under 26 U.S.C. § 501(a) ; and (2) "Political subdivision" means an agency, department, or other governing body of the state. Acts 2001, No. 745, § 2; 2005, No. 900, § 1; 2011, No. 194, § 9.

(a) A person commits the offense of theft of motor fuel if the person knowingly operates an automobile or other related vehicle after placing motor fuel in the automobile or other related vehicle at a: (1) Service station, filling station, garage, or other business where motor fuel is offered for sale at retail, so as to cause the automobile or other related vehicle to leave the premises of the service station, filling station, gasoline station, garage, or any other business where motor fuel is offered for sale at retail, with the intent of depriving the owner of the motor fuel and not making payment for the motor fuel; or (2) Location owned by a political subdivision or nonprofit entity whether or not the motor fuel is offered for sale at retail, so as to cause the automobile or other related vehicle to leave the premises of the political subdivision or nonprofit entity, with the intent of depriving the owner of the motor fuel and not making payment for the motor fuel.

(1) Service station, filling station, garage, or other business where motor fuel is offered for sale at retail, so as to cause the automobile or other related vehicle to leave the premises of the service station, filling station, gasoline station, garage, or any other business where motor fuel is offered for sale at retail, with the intent of depriving the owner of the motor fuel and not making payment for the motor fuel; or

(2) Location owned by a political subdivision or nonprofit entity whether or not the motor fuel is offered for sale at retail, so as to cause the automobile or other related vehicle to leave the premises of the political subdivision or nonprofit entity, with the intent of depriving the owner of the motor fuel and not making payment for the motor fuel.

(b) Theft of motor fuel is a Class A misdemeanor.

(c) (1) (A) In addition to a penalty in subsection (b) of this section, a person who pleads guilty or nolo contendere to or is found guilty of theft of motor fuel shall have his or her driver's license suspended by the court for a period of not more than six (6) months. (B) However, if the person's driver's license has previously been suspended for theft of motor fuel, the court shall suspend the person's driver's license for not less than one (1) year. (2) (A) The court shall immediately take possession of any suspended driver's license and forward it to the Office of Driver Services. (B) The office shall notify the licensee of the suspension and of an opportunity to request a hearing to determine if a restricted permit should be issued during the time of suspension.

(1) (A) In addition to a penalty in subsection (b) of this section, a person who pleads guilty or nolo contendere to or is found guilty of theft of motor fuel shall have his or her driver's license suspended by the court for a period of not more than six (6) months. (B) However, if the person's driver's license has previously been suspended for theft of motor fuel, the court shall suspend the person's driver's license for not less than one (1) year.

(A) In addition to a penalty in subsection (b) of this section, a person who pleads guilty or nolo contendere to or is found guilty of theft of motor fuel shall have his or her driver's license suspended by the court for a period of not more than six (6) months.

(B) However, if the person's driver's license has previously been suspended for theft of motor fuel, the court shall suspend the person's driver's license for not less than one (1) year.

(2) (A) The court shall immediately take possession of any suspended driver's license and forward it to the Office of Driver Services. (B) The office shall notify the licensee of the suspension and of an opportunity to request a hearing to determine if a restricted permit should be issued during the time of suspension.

(A) The court shall immediately take possession of any suspended driver's license and forward it to the Office of Driver Services.

(B) The office shall notify the licensee of the suspension and of an opportunity to request a hearing to determine if a restricted permit should be issued during the time of suspension.

(d) Any service station, filling station, garage, or other location where motor fuel is offered for sale at retail shall prominently display on each face of a retail product dispenser a sign that contains the following: "THEFT OF MOTOR FUEL IS A CLASS A MISDEMEANOR AND CARRIES A MAXIMUM PENALTY OF ONE (1) YEAR IN JAIL, $1000 FINE, AND A ONE (1) YEAR SUSPENSION OF YOUR DRIVER'S LICENSE."

(e) As used in this section: (1) "Nonprofit entity" means an organization that is exempt from income tax under 26 U.S.C. § 501(a) ; and (2) "Political subdivision" means an agency, department, or other governing body of the state.

(1) "Nonprofit entity" means an organization that is exempt from income tax under 26 U.S.C. § 501(a) ; and

(2) "Political subdivision" means an agency, department, or other governing body of the state.

Acts 2001, No. 745, § 2; 2005, No. 900, § 1; 2011, No. 194, § 9.
Ark. Code Ann. § 5-53-111 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-111
Tampering with physical evidence
Status: in_force

(a) A person commits the offense of tampering with physical evidence if he or she alters, destroys, suppresses, removes, or conceals any record, document, or thing with the purpose of impairing its verity, legibility, or availability in any official proceeding or investigation. (b) (1) Tampering with physical evidence is a Class D felony if the person impairs or obstructs the prosecution or defense of a felony. (2) Otherwise, tampering with physical evidence is a Class B misdemeanor. Acts 1975, No. 280, § 2611; A.S.A. 1947, § 41-2611.

(a) A person commits the offense of tampering with physical evidence if he or she alters, destroys, suppresses, removes, or conceals any record, document, or thing with the purpose of impairing its verity, legibility, or availability in any official proceeding or investigation.

(b) (1) Tampering with physical evidence is a Class D felony if the person impairs or obstructs the prosecution or defense of a felony. (2) Otherwise, tampering with physical evidence is a Class B misdemeanor.

(1) Tampering with physical evidence is a Class D felony if the person impairs or obstructs the prosecution or defense of a felony.

(2) Otherwise, tampering with physical evidence is a Class B misdemeanor.

Acts 1975, No. 280, § 2611; A.S.A. 1947, § 41-2611.
Ark. Code Ann. § 5-73-101 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-101
Definitions
Status: in_force

As used in this chapter: (1) "Blasting agent" means any material or mixture consisting of fuel and oxidizer intended for blasting if the finished product as mixed for use or shipment cannot be detonated by means of a No. 8 test blasting cap when unconfined; (2) "Collegiate athletic event" means a sporting or athletic contest, event, or practice of an individual or team of individuals in which one (1) or more individuals or a team of individuals sponsored by, funded by, represented by, or associated with a public or private university, college, or community college competes against themselves or another individual or team of individuals; (3) "Contraband" means any explosive material that was used with the knowledge and consent of the owner to facilitate a violation of this subchapter, as well as any explosive material possessed under circumstances prohibited by law; (4) "Destructive device" means: (A) Any of the following: (i) Any explosive, incendiary, or poison gas; (ii) Bomb; (iii) Grenade; (iv) Rocket having a propellant charge of more than four ounces (4 oz.); (v) Missile having an explosive or incendiary charge of more than one-quarter ounce (.25 oz.); (vi) Mine; or (vii) Similar device; and (B) Any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subdivision (4)(A) of this section and from which a destructive device may be readily assembled for use as a weapon; (5) (A) "Detonator" means any device containing any initiating or primary explosive that is used for initiating detonation. (B) A detonator may not contain more than ten grams (10g) of total explosives by weight, excluding ignition or delay charges, and may include, without limitation, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord delay connectors, and noninstantaneous and delay blasting caps that use detonating cord, shock tube, or any other replacement for electric leg wires; (6) "Distribute" means to sell, issue, give, transfer, or otherwise dispose of explosive material; (7) (A) "Explosive" means any chemical compound mixture or device, the primary or common purpose of which is to function by explosion. (B) "Explosive" includes, without limitation: (i) Dynamite and any other high explosive; (ii) Black powder; (iii) Pellet powder; (iv) An initiating explosive; (v) A detonator; (vi) A safety fuse; (vii) A squib; (viii) A detonating cord; (ix) An igniter cord; (x) An igniter; (xi) Any material determined to be within the scope of 18 U.S.C. § 841 et seq.; and (xii) Any material classified as an explosive other than consumer fireworks, 1.4 (Class C, Common), by the hazardous materials regulations of the United States Department of Transportation; (8) "Explosive material" means an explosive, blasting agent, or detonator; (9) "Instrument of crime" means anything manifestly designed, made, adapted, or commonly used for a criminal purpose; (10) "Journey" means a person has left his or her home or the curtilage of his or her home either on foot, horseback, bicycle, or in an automobile for any purpose or duration; (11) "Loaded firearm" means a firearm that is assembled and contains an unexpended cartridge, shell, or projectile in the firing position, including without limitation: (A) For a pistol or revolver, when an unexpended cartridge, shell, or projectile is in a position in which the unexpended cartridge, shell, or projectile could be fired by one (1) manual operation of any mechanism; and (B) For a muzzle-loading firearm, when the muzzle-loading firearm is charged with a propellant and a projectile and is capped or primed; (12) "Minor" means any person under eighteen (18) years of age; (13) "Vehicle" means any automobile and is considered an extension of a person's home, with any protections that conveys; and (14) "Violent felony conviction" means a conviction for any felony offense against the person which is codified in § 5-10-101 et seq., § 5-11-101 et seq., § 5-12-101 et seq., § 5-13-201 et seq., § 5-13-301 et seq., § 5-14-101 et seq., and § 5-14-201 et seq., or any other offense containing as an element of the offense one (1) of the following: (A) The use of physical force; (B) The use or threatened use of serious physical force; (C) The infliction of physical harm; or (D) The creation of a substantial risk of serious physical harm. Amended by Act 2023, No. 549,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 956,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 859,§ 1, eff. 9/1/2017. Acts 1975, No. 280, § 3101; A.S.A. 1947, § 41-3101; Acts 2001, No. 1430, § 1; 2005, No. 1226, § 1.

As used in this chapter:

(1) "Blasting agent" means any material or mixture consisting of fuel and oxidizer intended for blasting if the finished product as mixed for use or shipment cannot be detonated by means of a No. 8 test blasting cap when unconfined;

(2) "Collegiate athletic event" means a sporting or athletic contest, event, or practice of an individual or team of individuals in which one (1) or more individuals or a team of individuals sponsored by, funded by, represented by, or associated with a public or private university, college, or community college competes against themselves or another individual or team of individuals;

(3) "Contraband" means any explosive material that was used with the knowledge and consent of the owner to facilitate a violation of this subchapter, as well as any explosive material possessed under circumstances prohibited by law;

(4) "Destructive device" means: (A) Any of the following: (i) Any explosive, incendiary, or poison gas; (ii) Bomb; (iii) Grenade; (iv) Rocket having a propellant charge of more than four ounces (4 oz.); (v) Missile having an explosive or incendiary charge of more than one-quarter ounce (.25 oz.); (vi) Mine; or (vii) Similar device; and (B) Any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subdivision (4)(A) of this section and from which a destructive device may be readily assembled for use as a weapon;

(A) Any of the following: (i) Any explosive, incendiary, or poison gas; (ii) Bomb; (iii) Grenade; (iv) Rocket having a propellant charge of more than four ounces (4 oz.); (v) Missile having an explosive or incendiary charge of more than one-quarter ounce (.25 oz.); (vi) Mine; or (vii) Similar device; and

(i) Any explosive, incendiary, or poison gas;

(ii) Bomb;

(iii) Grenade;

(iv) Rocket having a propellant charge of more than four ounces (4 oz.);

(v) Missile having an explosive or incendiary charge of more than one-quarter ounce (.25 oz.);

(vi) Mine; or

(vii) Similar device; and

(B) Any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subdivision (4)(A) of this section and from which a destructive device may be readily assembled for use as a weapon;

(5) (A) "Detonator" means any device containing any initiating or primary explosive that is used for initiating detonation. (B) A detonator may not contain more than ten grams (10g) of total explosives by weight, excluding ignition or delay charges, and may include, without limitation, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord delay connectors, and noninstantaneous and delay blasting caps that use detonating cord, shock tube, or any other replacement for electric leg wires;

(A) "Detonator" means any device containing any initiating or primary explosive that is used for initiating detonation.

(B) A detonator may not contain more than ten grams (10g) of total explosives by weight, excluding ignition or delay charges, and may include, without limitation, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord delay connectors, and noninstantaneous and delay blasting caps that use detonating cord, shock tube, or any other replacement for electric leg wires;

(6) "Distribute" means to sell, issue, give, transfer, or otherwise dispose of explosive material;

(7) (A) "Explosive" means any chemical compound mixture or device, the primary or common purpose of which is to function by explosion. (B) "Explosive" includes, without limitation: (i) Dynamite and any other high explosive; (ii) Black powder; (iii) Pellet powder; (iv) An initiating explosive; (v) A detonator; (vi) A safety fuse; (vii) A squib; (viii) A detonating cord; (ix) An igniter cord; (x) An igniter; (xi) Any material determined to be within the scope of 18 U.S.C. § 841 et seq.; and (xii) Any material classified as an explosive other than consumer fireworks, 1.4 (Class C, Common), by the hazardous materials regulations of the United States Department of Transportation;

(A) "Explosive" means any chemical compound mixture or device, the primary or common purpose of which is to function by explosion.

(B) "Explosive" includes, without limitation: (i) Dynamite and any other high explosive; (ii) Black powder; (iii) Pellet powder; (iv) An initiating explosive; (v) A detonator; (vi) A safety fuse; (vii) A squib; (viii) A detonating cord; (ix) An igniter cord; (x) An igniter; (xi) Any material determined to be within the scope of 18 U.S.C. § 841 et seq.; and (xii) Any material classified as an explosive other than consumer fireworks, 1.4 (Class C, Common), by the hazardous materials regulations of the United States Department of Transportation;

(i) Dynamite and any other high explosive;

(ii) Black powder;

(iii) Pellet powder;

(iv) An initiating explosive;

(v) A detonator;

(vi) A safety fuse;

(vii) A squib;

(viii) A detonating cord;

(ix) An igniter cord;

(x) An igniter;

(xi) Any material determined to be within the scope of 18 U.S.C. § 841 et seq.; and

(xii) Any material classified as an explosive other than consumer fireworks, 1.4 (Class C, Common), by the hazardous materials regulations of the United States Department of Transportation;

(8) "Explosive material" means an explosive, blasting agent, or detonator;

(9) "Instrument of crime" means anything manifestly designed, made, adapted, or commonly used for a criminal purpose;

(10) "Journey" means a person has left his or her home or the curtilage of his or her home either on foot, horseback, bicycle, or in an automobile for any purpose or duration;

(11) "Loaded firearm" means a firearm that is assembled and contains an unexpended cartridge, shell, or projectile in the firing position, including without limitation: (A) For a pistol or revolver, when an unexpended cartridge, shell, or projectile is in a position in which the unexpended cartridge, shell, or projectile could be fired by one (1) manual operation of any mechanism; and (B) For a muzzle-loading firearm, when the muzzle-loading firearm is charged with a propellant and a projectile and is capped or primed;

(A) For a pistol or revolver, when an unexpended cartridge, shell, or projectile is in a position in which the unexpended cartridge, shell, or projectile could be fired by one (1) manual operation of any mechanism; and

(B) For a muzzle-loading firearm, when the muzzle-loading firearm is charged with a propellant and a projectile and is capped or primed;

(12) "Minor" means any person under eighteen (18) years of age;

(13) "Vehicle" means any automobile and is considered an extension of a person's home, with any protections that conveys; and

(14) "Violent felony conviction" means a conviction for any felony offense against the person which is codified in § 5-10-101 et seq., § 5-11-101 et seq., § 5-12-101 et seq., § 5-13-201 et seq., § 5-13-301 et seq., § 5-14-101 et seq., and § 5-14-201 et seq., or any other offense containing as an element of the offense one (1) of the following: (A) The use of physical force; (B) The use or threatened use of serious physical force; (C) The infliction of physical harm; or (D) The creation of a substantial risk of serious physical harm.

(A) The use of physical force;

(B) The use or threatened use of serious physical force;

(C) The infliction of physical harm; or

(D) The creation of a substantial risk of serious physical harm.

Amended by Act 2023, No. 549,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 956,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 859,§ 1, eff. 9/1/2017.

Acts 1975, No. 280, § 3101; A.S.A. 1947, § 41-3101; Acts 2001, No. 1430, § 1; 2005, No. 1226, § 1.
Ark. Code Ann. § 5-36-116 — AR Code / Title 5 / Chapter 36 / Subchapter 1 / Section 5-36-116
Shoplifting presumption - Detention and arrest of person under shoplifting presumption
Status: in_force

(a) (1) The knowing concealment by a person on his or her own person or on the person of another of an unpurchased tangible personal property offered for sale by a store or business establishment gives rise to a presumption that the person took the tangible personal property with the purpose of depriving the owner of the store or business establishment or another person having an interest in the tangible personal property. (2) (A) A person engaging in conduct giving rise to the presumption under subdivision (a)(1) of this section may be detained in a reasonable manner and for a reasonable length of time by a law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment in order to ensure the recovery of the tangible personal property. (B) The detention by a law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment does not render the law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. (b) (1) If sufficient notice has been posted to advise patrons that an antishoplifting or inventory control device is being utilized, the activation of an antishoplifting or inventory control device as a result of a person's exiting a store or business establishment or a protected area within the store or business establishment constitutes reasonable cause for the detention of the person so exiting by a law enforcement officer, the owner of the store or business establishment, or by an agent or employee of the owner. (2) Any detention under subdivision (b)(1) of this section shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the antishoplifting or inventory control device or for the recovery of the tangible personal property offered for sale. (3) A detention under subdivision (b)(1) of this section by a law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment does not render the law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. (c) A law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment who observed the person engaging in conduct giving rise to the presumption under subdivision (a)(1) of this section shall provide a written statement that serves as probable cause to justify an arrest if a law enforcement officer arrests the person for theft of property, § 5-36-103 . Amended by Act 2015, No. 1263,§ 3, eff. 7/22/2015. Acts 1957, No. 50, § 4; 1971, No. 164, § 1; 1975, No. 458, § 1; 1975, No. 928, § 15; 1983, No. 551, § 1; 1985, No. 404, § 1; A.S.A. 1947, § 41-2251; Acts 2005, No. 1994, § 246.

(a) (1) The knowing concealment by a person on his or her own person or on the person of another of an unpurchased tangible personal property offered for sale by a store or business establishment gives rise to a presumption that the person took the tangible personal property with the purpose of depriving the owner of the store or business establishment or another person having an interest in the tangible personal property. (2) (A) A person engaging in conduct giving rise to the presumption under subdivision (a)(1) of this section may be detained in a reasonable manner and for a reasonable length of time by a law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment in order to ensure the recovery of the tangible personal property. (B) The detention by a law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment does not render the law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(1) The knowing concealment by a person on his or her own person or on the person of another of an unpurchased tangible personal property offered for sale by a store or business establishment gives rise to a presumption that the person took the tangible personal property with the purpose of depriving the owner of the store or business establishment or another person having an interest in the tangible personal property.

(2) (A) A person engaging in conduct giving rise to the presumption under subdivision (a)(1) of this section may be detained in a reasonable manner and for a reasonable length of time by a law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment in order to ensure the recovery of the tangible personal property. (B) The detention by a law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment does not render the law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(A) A person engaging in conduct giving rise to the presumption under subdivision (a)(1) of this section may be detained in a reasonable manner and for a reasonable length of time by a law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment in order to ensure the recovery of the tangible personal property.

(B) The detention by a law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment does not render the law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(b) (1) If sufficient notice has been posted to advise patrons that an antishoplifting or inventory control device is being utilized, the activation of an antishoplifting or inventory control device as a result of a person's exiting a store or business establishment or a protected area within the store or business establishment constitutes reasonable cause for the detention of the person so exiting by a law enforcement officer, the owner of the store or business establishment, or by an agent or employee of the owner. (2) Any detention under subdivision (b)(1) of this section shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the antishoplifting or inventory control device or for the recovery of the tangible personal property offered for sale. (3) A detention under subdivision (b)(1) of this section by a law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment does not render the law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(1) If sufficient notice has been posted to advise patrons that an antishoplifting or inventory control device is being utilized, the activation of an antishoplifting or inventory control device as a result of a person's exiting a store or business establishment or a protected area within the store or business establishment constitutes reasonable cause for the detention of the person so exiting by a law enforcement officer, the owner of the store or business establishment, or by an agent or employee of the owner.

(2) Any detention under subdivision (b)(1) of this section shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the antishoplifting or inventory control device or for the recovery of the tangible personal property offered for sale.

(3) A detention under subdivision (b)(1) of this section by a law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment does not render the law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(c) A law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment who observed the person engaging in conduct giving rise to the presumption under subdivision (a)(1) of this section shall provide a written statement that serves as probable cause to justify an arrest if a law enforcement officer arrests the person for theft of property, § 5-36-103 .

Amended by Act 2015, No. 1263,§ 3, eff. 7/22/2015.

Acts 1957, No. 50, § 4; 1971, No. 164, § 1; 1975, No. 458, § 1; 1975, No. 928, § 15; 1983, No. 551, § 1; 1985, No. 404, § 1; A.S.A. 1947, § 41-2251; Acts 2005, No. 1994, § 246.
Ark. Code Ann. § 5-64-435 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-435
Manufacture of a Schedule IV or Schedule V controlled substance
Status: in_force

(a) Except as provided by this chapter, it is unlawful for a person to manufacture a Schedule IV or Schedule V controlled substance. (b) (1) A person who manufactures less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class D felony. (2) A person who manufactures two hundred grams (200g) or more but less than four hundred grams (400g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class C felony. (3) A person who manufactures four hundred grams (400g) or more by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class B felony. Acts 2011, No. 570, § 56.

(a) Except as provided by this chapter, it is unlawful for a person to manufacture a Schedule IV or Schedule V controlled substance.

(b) (1) A person who manufactures less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class D felony. (2) A person who manufactures two hundred grams (200g) or more but less than four hundred grams (400g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class C felony. (3) A person who manufactures four hundred grams (400g) or more by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class B felony.

(1) A person who manufactures less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class D felony.

(2) A person who manufactures two hundred grams (200g) or more but less than four hundred grams (400g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class C felony.

(3) A person who manufactures four hundred grams (400g) or more by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class B felony.

Acts 2011, No. 570, § 56.
Ark. Code Ann. § 5-64-424 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-424
Possession of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine with the purpose to deliver
Status: in_force

(a) Except as provided in this chapter, it is unlawful if a person possesses a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine with the purpose to deliver the Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine. Purpose to deliver may be shown by any of the following factors: (1) The person possesses the means to weigh, separate, or package a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine; (2) The person possesses a record indicating a drug-related transaction; (3) The Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine is separated and packaged in a manner to facilitate delivery; (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine; (5) The person possesses at least two (2) other controlled substances in any amount; or (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine. (b) A person who violates this section upon conviction is guilty of a: (1) Class C felony if the person possessed by aggregate weight, including an adulterant or diluent, less than two grams (2g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine; (2) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Two grams (2g) or more but less than twenty-eight grams (28g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (b)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride; (C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD); (D) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or (E) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug; or (3) Class A felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (b)(3); (B) One hundred twenty-eight milligrams (128mg) or more or one hundred sixty (160) dosage units or more but less than two hundred grams (200g) of hydromorphone hydrochloride; (C) One thousand six hundred micrograms (1,600µ) or more or one hundred sixty (160) dosage units or more but less than two hundred grams (200g) of lysergic acid diethylamide (LSD); (D) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or (E) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug. (c) It is a defense to a prosecution under this section that the person possessed less than the minimum listed amount of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine and that is listed in this section. Amended by Act 2021, No. 887,§ 5, eff. 7/28/2021. Acts 2011, No. 570, § 48.

(a) Except as provided in this chapter, it is unlawful if a person possesses a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine with the purpose to deliver the Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine. Purpose to deliver may be shown by any of the following factors: (1) The person possesses the means to weigh, separate, or package a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine; (2) The person possesses a record indicating a drug-related transaction; (3) The Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine is separated and packaged in a manner to facilitate delivery; (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine; (5) The person possesses at least two (2) other controlled substances in any amount; or (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine.

(1) The person possesses the means to weigh, separate, or package a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine;

(2) The person possesses a record indicating a drug-related transaction;

(3) The Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine is separated and packaged in a manner to facilitate delivery;

(4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine;

(5) The person possesses at least two (2) other controlled substances in any amount; or

(6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine.

(b) A person who violates this section upon conviction is guilty of a: (1) Class C felony if the person possessed by aggregate weight, including an adulterant or diluent, less than two grams (2g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine; (2) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Two grams (2g) or more but less than twenty-eight grams (28g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (b)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride; (C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD); (D) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or (E) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug; or (3) Class A felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (b)(3); (B) One hundred twenty-eight milligrams (128mg) or more or one hundred sixty (160) dosage units or more but less than two hundred grams (200g) of hydromorphone hydrochloride; (C) One thousand six hundred micrograms (1,600µ) or more or one hundred sixty (160) dosage units or more but less than two hundred grams (200g) of lysergic acid diethylamide (LSD); (D) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or (E) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug.

(1) Class C felony if the person possessed by aggregate weight, including an adulterant or diluent, less than two grams (2g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine;

(2) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Two grams (2g) or more but less than twenty-eight grams (28g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (b)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride; (C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD); (D) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or (E) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug; or

(A) Two grams (2g) or more but less than twenty-eight grams (28g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (b)(2);

(B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride;

(C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD);

(D) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or

(E) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug; or

(3) Class A felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (b)(3); (B) One hundred twenty-eight milligrams (128mg) or more or one hundred sixty (160) dosage units or more but less than two hundred grams (200g) of hydromorphone hydrochloride; (C) One thousand six hundred micrograms (1,600µ) or more or one hundred sixty (160) dosage units or more but less than two hundred grams (200g) of lysergic acid diethylamide (LSD); (D) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or (E) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug.

(A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (b)(3);

(B) One hundred twenty-eight milligrams (128mg) or more or one hundred sixty (160) dosage units or more but less than two hundred grams (200g) of hydromorphone hydrochloride;

(C) One thousand six hundred micrograms (1,600µ) or more or one hundred sixty (160) dosage units or more but less than two hundred grams (200g) of lysergic acid diethylamide (LSD);

(D) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or

(E) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug.

(c) It is a defense to a prosecution under this section that the person possessed less than the minimum listed amount of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine and that is listed in this section.

Amended by Act 2021, No. 887,§ 5, eff. 7/28/2021.

Acts 2011, No. 570, § 48.
Ark. Code Ann. § 5-26-412 — AR Code / Title 5 / Chapter 26 / Subchapter 4 / Section 5-26-412
Payment of fine to spouse or guardian
Status: in_force

When a fine is imposed a court may direct that it be paid in whole or in part to a spouse or to a guardian or custodian of a child. Acts 1951, No. 67, § 6; 1953, No. 242, § 6; A.S.A. 1947, § 41-2453.

When a fine is imposed a court may direct that it be paid in whole or in part to a spouse or to a guardian or custodian of a child.

Acts 1951, No. 67, § 6; 1953, No. 242, § 6; A.S.A. 1947, § 41-2453.
Ark. Code Ann. § 5-61-101 — AR Code / Title 5 / Chapter 61 / Subchapter 1 / Section 5-61-101
Abortion only by licensed physician
Status: in_force

(a) It is unlawful for any person to induce another person to have an abortion or to knowingly terminate the pregnancy of a woman known to be pregnant with the purpose to cause fetal death unless the person is a physician licensed to practice medicine in the State of Arkansas. (b) A violation of subsection (a) of this section is a Class D felony. (c) This section does not allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero. Amended by Act 2017, No. 383,§ 1, eff. 8/1/2017. Acts 1983, No. 715, §§ 1, 2; A.S.A. 1947, § 41-2561; Acts 1999, No. 1273, § 4.

(a) It is unlawful for any person to induce another person to have an abortion or to knowingly terminate the pregnancy of a woman known to be pregnant with the purpose to cause fetal death unless the person is a physician licensed to practice medicine in the State of Arkansas.

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

(c) This section does not allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero.

Amended by Act 2017, No. 383,§ 1, eff. 8/1/2017.

Acts 1983, No. 715, §§ 1, 2; A.S.A. 1947, § 41-2561; Acts 1999, No. 1273, § 4.
Ark. Code Ann. § 5-4-201 — AR Code / Title 5 / Chapter 4 / Subchapter 2 / Section 5-4-201
Fines - Limitations on amount
Status: in_force

(a) A defendant convicted of a felony may be sentenced to pay a fine: (1) Not exceeding fifteen thousand dollars ($15,000) if the conviction is of a Class A felony or Class B felony; (2) Not exceeding ten thousand dollars ($10,000) if the conviction is of a Class C felony or Class D felony; or (3) In accordance with a limitation of the statute defining the felony if the conviction is of an unclassified felony. (b) A defendant convicted of a misdemeanor may be sentenced to pay a fine: (1) Not exceeding two thousand five hundred dollars ($2,500) if the conviction is of a Class A misdemeanor; (2) Not exceeding one thousand dollars ($1,000) if the conviction is of a Class B misdemeanor; (3) Not exceeding five hundred dollars ($500) if the conviction is of a Class C misdemeanor; or (4) In accordance with a limitation of the statute defining the misdemeanor if the conviction is of an unclassified misdemeanor. (c) A defendant convicted of a violation may be sentenced to pay a fine: (1) Not exceeding one hundred dollars ($100) if the violation is defined by the Arkansas Criminal Code or defined by a statute enacted subsequent to January 1, 1976, that does not prescribe a different limitation on the amount of the fine; or (2) In accordance with a limitation of the statute defining the violation if that statute prescribes limitations on the amount of the fine. (d) (1) Notwithstanding a limit imposed by this section, if the defendant has derived pecuniary gain from commission of an offense, then upon conviction of the offense the defendant may be sentenced to pay a fine not exceeding two (2) times the amount of the pecuniary gain. (2) As used in this subsection, "pecuniary gain" means the amount of money or the value of property derived from the commission of the offense, less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to a lawful authority prior to the time sentence is imposed. (e) An organization convicted of an offense may be sentenced to pay a fine authorized by subsection (d) of this section or not exceeding two (2) times the maximum fine otherwise authorized upon conviction of the offense by subsection (a), (b), or (c) of this section. (f) (1) Notwithstanding a limit imposed by this section or the section defining the felony offense, if a defendant has derived pecuniary gain from the commission of a felony offense under § 5-68-201 et seq., § 5-68-301 et seq., the Arkansas Law on Obscenity, § 5-68-401 et seq., or § 5-68-501 et seq., then upon conviction of the felony offense, the defendant may be sentenced to pay a fine not exceeding two hundred fifty thousand dollars ($250,000). (2) As used in this subsection, "derived pecuniary gain" means that a defendant received income, benefit, property, money, or anything of value from the commission of a felony offense under § 5-68-201 et seq., § 5-68-301 et seq., the Arkansas Law on Obscenity, § 5-68-401 et seq., or § 5-68-501 et seq. Acts 1975, No. 280, § 1101; A.S.A. 1947, § 41-1101; Acts 2007, No. 346, § 1; 2009, No. 209, § 1.

(a) A defendant convicted of a felony may be sentenced to pay a fine: (1) Not exceeding fifteen thousand dollars ($15,000) if the conviction is of a Class A felony or Class B felony; (2) Not exceeding ten thousand dollars ($10,000) if the conviction is of a Class C felony or Class D felony; or (3) In accordance with a limitation of the statute defining the felony if the conviction is of an unclassified felony.

(1) Not exceeding fifteen thousand dollars ($15,000) if the conviction is of a Class A felony or Class B felony;

(2) Not exceeding ten thousand dollars ($10,000) if the conviction is of a Class C felony or Class D felony; or

(3) In accordance with a limitation of the statute defining the felony if the conviction is of an unclassified felony.

(b) A defendant convicted of a misdemeanor may be sentenced to pay a fine: (1) Not exceeding two thousand five hundred dollars ($2,500) if the conviction is of a Class A misdemeanor; (2) Not exceeding one thousand dollars ($1,000) if the conviction is of a Class B misdemeanor; (3) Not exceeding five hundred dollars ($500) if the conviction is of a Class C misdemeanor; or (4) In accordance with a limitation of the statute defining the misdemeanor if the conviction is of an unclassified misdemeanor.

(1) Not exceeding two thousand five hundred dollars ($2,500) if the conviction is of a Class A misdemeanor;

(2) Not exceeding one thousand dollars ($1,000) if the conviction is of a Class B misdemeanor;

(3) Not exceeding five hundred dollars ($500) if the conviction is of a Class C misdemeanor; or

(4) In accordance with a limitation of the statute defining the misdemeanor if the conviction is of an unclassified misdemeanor.

(c) A defendant convicted of a violation may be sentenced to pay a fine: (1) Not exceeding one hundred dollars ($100) if the violation is defined by the Arkansas Criminal Code or defined by a statute enacted subsequent to January 1, 1976, that does not prescribe a different limitation on the amount of the fine; or (2) In accordance with a limitation of the statute defining the violation if that statute prescribes limitations on the amount of the fine.

(1) Not exceeding one hundred dollars ($100) if the violation is defined by the Arkansas Criminal Code or defined by a statute enacted subsequent to January 1, 1976, that does not prescribe a different limitation on the amount of the fine; or

(2) In accordance with a limitation of the statute defining the violation if that statute prescribes limitations on the amount of the fine.

(d) (1) Notwithstanding a limit imposed by this section, if the defendant has derived pecuniary gain from commission of an offense, then upon conviction of the offense the defendant may be sentenced to pay a fine not exceeding two (2) times the amount of the pecuniary gain. (2) As used in this subsection, "pecuniary gain" means the amount of money or the value of property derived from the commission of the offense, less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to a lawful authority prior to the time sentence is imposed.

(1) Notwithstanding a limit imposed by this section, if the defendant has derived pecuniary gain from commission of an offense, then upon conviction of the offense the defendant may be sentenced to pay a fine not exceeding two (2) times the amount of the pecuniary gain.

(2) As used in this subsection, "pecuniary gain" means the amount of money or the value of property derived from the commission of the offense, less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to a lawful authority prior to the time sentence is imposed.

(e) An organization convicted of an offense may be sentenced to pay a fine authorized by subsection (d) of this section or not exceeding two (2) times the maximum fine otherwise authorized upon conviction of the offense by subsection (a), (b), or (c) of this section.

(f) (1) Notwithstanding a limit imposed by this section or the section defining the felony offense, if a defendant has derived pecuniary gain from the commission of a felony offense under § 5-68-201 et seq., § 5-68-301 et seq., the Arkansas Law on Obscenity, § 5-68-401 et seq., or § 5-68-501 et seq., then upon conviction of the felony offense, the defendant may be sentenced to pay a fine not exceeding two hundred fifty thousand dollars ($250,000). (2) As used in this subsection, "derived pecuniary gain" means that a defendant received income, benefit, property, money, or anything of value from the commission of a felony offense under § 5-68-201 et seq., § 5-68-301 et seq., the Arkansas Law on Obscenity, § 5-68-401 et seq., or § 5-68-501 et seq.

(1) Notwithstanding a limit imposed by this section or the section defining the felony offense, if a defendant has derived pecuniary gain from the commission of a felony offense under § 5-68-201 et seq., § 5-68-301 et seq., the Arkansas Law on Obscenity, § 5-68-401 et seq., or § 5-68-501 et seq., then upon conviction of the felony offense, the defendant may be sentenced to pay a fine not exceeding two hundred fifty thousand dollars ($250,000).

(2) As used in this subsection, "derived pecuniary gain" means that a defendant received income, benefit, property, money, or anything of value from the commission of a felony offense under § 5-68-201 et seq., § 5-68-301 et seq., the Arkansas Law on Obscenity, § 5-68-401 et seq., or § 5-68-501 et seq.

Acts 1975, No. 280, § 1101; A.S.A. 1947, § 41-1101; Acts 2007, No. 346, § 1; 2009, No. 209, § 1.
Ark. Code Ann. § 5-2-402 — AR Code / Title 5 / Chapter 2 / Subchapter 4 / Section 5-2-402
Liability for conduct of another generally
Status: in_force

A person is criminally liable for the conduct of another person if: (1) The person is made criminally liable for the conduct of another person by the statute defining the offense; (2) The person is an accomplice of another person in the commission of an offense; or (3) Acting with a culpable mental state sufficient for the commission of the offense, the person causes another person to engage in conduct that would constitute an offense but for a defense available to the other person. Acts 1975, No. 280, § 302; A.S.A. 1947, § 41-302.

A person is criminally liable for the conduct of another person if:

(1) The person is made criminally liable for the conduct of another person by the statute defining the offense;

(2) The person is an accomplice of another person in the commission of an offense; or

(3) Acting with a culpable mental state sufficient for the commission of the offense, the person causes another person to engage in conduct that would constitute an offense but for a defense available to the other person.

Acts 1975, No. 280, § 302; A.S.A. 1947, § 41-302.
Ark. Code Ann. § 5-65-401 — AR Code / Title 5 / Chapter 65 / Subchapter 4 / Section 5-65-401
Definitions
Status: in_force

As used in this subchapter: (1) "Disqualification" means a prohibition against driving a commercial motor vehicle; (2) "Immobilization" means revocation or suspension of the registration or license plate of a motor vehicle; and (3) "Sworn report" means a signed and written statement of a certified law enforcement officer, under penalty of perjury, on a form provided by the Secretary of the Department of Finance and Administration. Amended by Act 2019, No. 910,§ 3360, eff. 7/1/2019. Acts 1999, No. 1077, § 21.

As used in this subchapter:

(1) "Disqualification" means a prohibition against driving a commercial motor vehicle;

(2) "Immobilization" means revocation or suspension of the registration or license plate of a motor vehicle; and

(3) "Sworn report" means a signed and written statement of a certified law enforcement officer, under penalty of perjury, on a form provided by the Secretary of the Department of Finance and Administration.

Amended by Act 2019, No. 910,§ 3360, eff. 7/1/2019.

Acts 1999, No. 1077, § 21.
Ark. Code Ann. § 5-71-230 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-230
Violation of the protection of peace for mourning at a funeral
Status: in_force

(a) As used in this section: (1) (A) "Funeral" means a ceremony or memorial service held in connection with the burial or cremation of a person who has died in which the family of the deceased has a personal stake in memorializing and honoring the deceased and the desire to be able to mourn in peace during the ceremony or memorial service. (B) "Funeral" does not include a procession related to the funeral; and (2) "Picket" means to engage in the activity of protesting or demonstrating to target a funeral without authorization from the family of the deceased. (b) A person commits the offense of violation of the protection of peace for mourning at a funeral if the person: (1) Knowingly pickets a funeral; (2) Has a purpose to interfere with the funeral; and (3) Pickets: (A) Within three hundred feet (300') of any ingress or egress of the funeral; and (B) Either: (i) During the funeral; (ii) Within thirty (30) minutes immediately before the scheduled commencement of the funeral; or (iii) Within thirty (30) minutes immediately following the completion of the funeral. (c) (1) Violation of the protection of the peace for mourning at a funeral is a Class C misdemeanor. (2) A person commits a separate offense for each funeral that the person pickets in violation of this section. Amended by Act 2013, No. 1125,§ 17, eff. 8/16/2013. Acts 2006 (1st Ex. Sess.), No. 1, § 1; 2011, No. 142, § 1.

(a) As used in this section: (1) (A) "Funeral" means a ceremony or memorial service held in connection with the burial or cremation of a person who has died in which the family of the deceased has a personal stake in memorializing and honoring the deceased and the desire to be able to mourn in peace during the ceremony or memorial service. (B) "Funeral" does not include a procession related to the funeral; and (2) "Picket" means to engage in the activity of protesting or demonstrating to target a funeral without authorization from the family of the deceased.

(1) (A) "Funeral" means a ceremony or memorial service held in connection with the burial or cremation of a person who has died in which the family of the deceased has a personal stake in memorializing and honoring the deceased and the desire to be able to mourn in peace during the ceremony or memorial service. (B) "Funeral" does not include a procession related to the funeral; and

(A) "Funeral" means a ceremony or memorial service held in connection with the burial or cremation of a person who has died in which the family of the deceased has a personal stake in memorializing and honoring the deceased and the desire to be able to mourn in peace during the ceremony or memorial service.

(B) "Funeral" does not include a procession related to the funeral; and

(2) "Picket" means to engage in the activity of protesting or demonstrating to target a funeral without authorization from the family of the deceased.

(b) A person commits the offense of violation of the protection of peace for mourning at a funeral if the person: (1) Knowingly pickets a funeral; (2) Has a purpose to interfere with the funeral; and (3) Pickets: (A) Within three hundred feet (300') of any ingress or egress of the funeral; and (B) Either: (i) During the funeral; (ii) Within thirty (30) minutes immediately before the scheduled commencement of the funeral; or (iii) Within thirty (30) minutes immediately following the completion of the funeral.

(1) Knowingly pickets a funeral;

(2) Has a purpose to interfere with the funeral; and

(3) Pickets: (A) Within three hundred feet (300') of any ingress or egress of the funeral; and (B) Either: (i) During the funeral; (ii) Within thirty (30) minutes immediately before the scheduled commencement of the funeral; or (iii) Within thirty (30) minutes immediately following the completion of the funeral.

(A) Within three hundred feet (300') of any ingress or egress of the funeral; and

(B) Either: (i) During the funeral; (ii) Within thirty (30) minutes immediately before the scheduled commencement of the funeral; or (iii) Within thirty (30) minutes immediately following the completion of the funeral.

(i) During the funeral;

(ii) Within thirty (30) minutes immediately before the scheduled commencement of the funeral; or

(iii) Within thirty (30) minutes immediately following the completion of the funeral.

(c) (1) Violation of the protection of the peace for mourning at a funeral is a Class C misdemeanor. (2) A person commits a separate offense for each funeral that the person pickets in violation of this section.

(1) Violation of the protection of the peace for mourning at a funeral is a Class C misdemeanor.

(2) A person commits a separate offense for each funeral that the person pickets in violation of this section.

Amended by Act 2013, No. 1125,§ 17, eff. 8/16/2013.

Acts 2006 (1st Ex. Sess.), No. 1, § 1; 2011, No. 142, § 1.
Ark. Code Ann. § 5-13-302 — AR Code / Title 5 / Chapter 13 / Subchapter 3 / Section 5-13-302
Threatening to commit act of mass violence on school property
Status: in_force

(a) As used in this section: (1) "Mass violence" means physical injury that a reasonable person would conclude could lead to permanent injury, including without limitation permanent physical injury, permanent mental injury, or permanent emotional injury, or death to two (2) or more people; and (2) "School" means a: (A) Public or private daycare or preschool facility; (B) Public or private school for students in grades kindergarten through twelve (K-12); (C) Technical institute or postsecondary vocational-technical school; or (D) Two-year or four-year college or university. (b) A person commits the offense of threatening to commit an act of mass violence on school property if: (1) The person knowingly threatens to commit an act of mass violence on school property or at a curricular or extracurricular activity sponsored by a school by any means of communication; and (2) Places a person or group of persons in a position to reasonably fear for their safety. (c) Threatening to commit an act of mass violence on school property is a Class C felony. Added by Act 2019, No. 969,§ 1, eff. 7/24/2019.

(a) As used in this section: (1) "Mass violence" means physical injury that a reasonable person would conclude could lead to permanent injury, including without limitation permanent physical injury, permanent mental injury, or permanent emotional injury, or death to two (2) or more people; and (2) "School" means a: (A) Public or private daycare or preschool facility; (B) Public or private school for students in grades kindergarten through twelve (K-12); (C) Technical institute or postsecondary vocational-technical school; or (D) Two-year or four-year college or university.

(1) "Mass violence" means physical injury that a reasonable person would conclude could lead to permanent injury, including without limitation permanent physical injury, permanent mental injury, or permanent emotional injury, or death to two (2) or more people; and

(2) "School" means a: (A) Public or private daycare or preschool facility; (B) Public or private school for students in grades kindergarten through twelve (K-12); (C) Technical institute or postsecondary vocational-technical school; or (D) Two-year or four-year college or university.

(A) Public or private daycare or preschool facility;

(B) Public or private school for students in grades kindergarten through twelve (K-12);

(C) Technical institute or postsecondary vocational-technical school; or

(D) Two-year or four-year college or university.

(b) A person commits the offense of threatening to commit an act of mass violence on school property if: (1) The person knowingly threatens to commit an act of mass violence on school property or at a curricular or extracurricular activity sponsored by a school by any means of communication; and (2) Places a person or group of persons in a position to reasonably fear for their safety.

(1) The person knowingly threatens to commit an act of mass violence on school property or at a curricular or extracurricular activity sponsored by a school by any means of communication; and

(2) Places a person or group of persons in a position to reasonably fear for their safety.

(c) Threatening to commit an act of mass violence on school property is a Class C felony.

Added by Act 2019, No. 969,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 5-71-203 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-203
Inciting riot
Status: in_force

(a) A person commits the offense of inciting riot if he or she knowingly: (1) By speech or conduct urges others to participate in a riot under circumstances that produce a clear and present danger that they will participate in a riot; or (2) Gives commands, instructions, or signals to others in furtherance of a riot. (b) (1) Inciting riot is a Class D felony if physical injury to a person or damage to property results from the offense. (2) (A) Otherwise, inciting riot is a Class A misdemeanor. (B) In addition to any other sentence imposed under this section, a person convicted of inciting riot shall be ordered to pay restitution for any physical injury, damage, or loss incurred as a result of the offense. Amended by Act 2021, No. 1014,§ 9, eff. 7/28/2021. Acts 1975, No. 280, § 2904; A.S.A. 1947, § 41-2904.

(a) A person commits the offense of inciting riot if he or she knowingly: (1) By speech or conduct urges others to participate in a riot under circumstances that produce a clear and present danger that they will participate in a riot; or (2) Gives commands, instructions, or signals to others in furtherance of a riot.

(1) By speech or conduct urges others to participate in a riot under circumstances that produce a clear and present danger that they will participate in a riot; or

(2) Gives commands, instructions, or signals to others in furtherance of a riot.

(b) (1) Inciting riot is a Class D felony if physical injury to a person or damage to property results from the offense. (2) (A) Otherwise, inciting riot is a Class A misdemeanor. (B) In addition to any other sentence imposed under this section, a person convicted of inciting riot shall be ordered to pay restitution for any physical injury, damage, or loss incurred as a result of the offense.

(1) Inciting riot is a Class D felony if physical injury to a person or damage to property results from the offense.

(2) (A) Otherwise, inciting riot is a Class A misdemeanor. (B) In addition to any other sentence imposed under this section, a person convicted of inciting riot shall be ordered to pay restitution for any physical injury, damage, or loss incurred as a result of the offense.

(A) Otherwise, inciting riot is a Class A misdemeanor.

(B) In addition to any other sentence imposed under this section, a person convicted of inciting riot shall be ordered to pay restitution for any physical injury, damage, or loss incurred as a result of the offense.

Amended by Act 2021, No. 1014,§ 9, eff. 7/28/2021.

Acts 1975, No. 280, § 2904; A.S.A. 1947, § 41-2904.
Ark. Code Ann. § 5-65-309 — AR Code / Title 5 / Chapter 65 / Subchapter 3 / Section 5-65-309
Implied consent
Status: in_force

(a) An underage person who operates a motorboat on the waters of this state or a motor vehicle or is in actual physical control of a motor vehicle or motorboat in this state is deemed to have given consent, subject to § 5-65-203 , to a chemical test of his or her 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 underage person is arrested for any offense arising out of an act alleged to have been committed while the underage person was driving or boating while under the influence or driving or boating while there was an alcohol concentration of two hundredths (0.02) but less than eight hundredths (0.08) in his or her breath, blood, saliva, or urine; (2) The underage person is involved in an accident while operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle; or (3) The underage person is stopped by a law enforcement officer who has reasonable cause to believe that the underage person, while operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle, is under the influence or has an alcohol concentration of two hundredths (0.02) but less than eight hundredths (0.08) in his or her breath or blood. (b) An underage 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 § 5-65-203 . (c) A test of an underage person's blood under this section to determine the underage person's alcohol concentration, controlled substance content, or other intoxicating substance content in his or her blood requires a warrant based on probable cause that the underage person was operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated. Amended by Act 2019, No. 380,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 1031,§ 6, eff. 8/1/2017. Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015. Amended by Act 2013, No. 361,§ 10, eff. 8/16/2013. Acts 1993, No. 863, § 9; 2001, No. 561, § 15.

(a) An underage person who operates a motorboat on the waters of this state or a motor vehicle or is in actual physical control of a motor vehicle or motorboat in this state is deemed to have given consent, subject to § 5-65-203 , to a chemical test of his or her 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 underage person is arrested for any offense arising out of an act alleged to have been committed while the underage person was driving or boating while under the influence or driving or boating while there was an alcohol concentration of two hundredths (0.02) but less than eight hundredths (0.08) in his or her breath, blood, saliva, or urine; (2) The underage person is involved in an accident while operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle; or (3) The underage person is stopped by a law enforcement officer who has reasonable cause to believe that the underage person, while operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle, is under the influence or has an alcohol concentration of two hundredths (0.02) but less than eight hundredths (0.08) in his or her breath or blood.

(1) The underage person is arrested for any offense arising out of an act alleged to have been committed while the underage person was driving or boating while under the influence or driving or boating while there was an alcohol concentration of two hundredths (0.02) but less than eight hundredths (0.08) in his or her breath, blood, saliva, or urine;

(2) The underage person is involved in an accident while operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle; or

(3) The underage person is stopped by a law enforcement officer who has reasonable cause to believe that the underage person, while operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle, is under the influence or has an alcohol concentration of two hundredths (0.02) but less than eight hundredths (0.08) in his or her breath or blood.

(b) An underage 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 § 5-65-203 .

(c) A test of an underage person's blood under this section to determine the underage person's alcohol concentration, controlled substance content, or other intoxicating substance content in his or her blood requires a warrant based on probable cause that the underage person was operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated.

Amended by Act 2019, No. 380,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 1031,§ 6, eff. 8/1/2017.

Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015.

Amended by Act 2013, No. 361,§ 10, eff. 8/16/2013.

Acts 1993, No. 863, § 9; 2001, No. 561, § 15.
Ark. Code Ann. § 5-73-203 — AR Code / Title 5 / Chapter 73 / Subchapter 2 / Section 5-73-203
Uniformity of interpretation
Status: in_force

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Acts 1935, No. 80, § 11; Pope's Dig., § 3524; A.S.A. 1947, § 41-3166.

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Acts 1935, No. 80, § 11; Pope's Dig., § 3524; A.S.A. 1947, § 41-3166.
Ark. Code Ann. § 5-14-137 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-137
Registered offender prohibited from recording person under 14 years of age - Unlawful use of recording online
Status: in_force

(a) As used in this section, "record" means to photograph, make, capture, generate, or save a print, negative, slide, motion picture, computer data file, videotape, or other mechanically, electronically, or chemically reproduced visual image or material. (b) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly: (1) Record a person under fourteen (14) years of age and post the recording of the person on an online social media platform or other internet website that allows the using or posting of a recording in any form after the person has previously been warned of his or her possible criminal exposure by a judge at the person's sentencing for the offense for which the person is required to register as a sex offender, or by his or her community supervision officer that recording a person under fourteen (14) years of age is a violation of his or her terms and conditions of his or her probation, parole, or post-release supervision; or (2) Record a person under fourteen (14) years of age and post the recording of the person on an online social media platform or other internet website that allows the using or posting of a recording in any form in a manner that would suggest to a reasonable person that the person recording and posting the recording was doing so to unlawfully incite the prurient interest of himself, herself, or another person. (c) A violation of this section is a Class D felony. (d) It is a defense to prosecution under this section that: (1) The person received permission from the parent or guardian of the person under fourteen (14) years of age to record the person under fourteen (14) years of age or to use or post a recording of the person under fourteen (14) years of age on an online social media platform or other internet website that allows the using or posting of a recording; (2) The person who recorded or whose recording was used or posted on an online social media platform or other internet website that allows the using or posting of a recording was the parent or guardian of the person under fourteen (14) years of age; (3) The person under fourteen (14) years of age who was recorded was not the subject of the recording or was in the background of the recording; (4) A reasonable person would believe the appearance of the person under fourteen (14) years of age was ancillary to the main subject of the recording; or (5) The recording of the person under fourteen (14) years of age was used or posted by a news organization. Amended by Act 2023, No. 659,§ 36, eff. 1/1/2024. Added by Act 2019, No. 621,§ 2, eff. 7/24/2019.

(a) As used in this section, "record" means to photograph, make, capture, generate, or save a print, negative, slide, motion picture, computer data file, videotape, or other mechanically, electronically, or chemically reproduced visual image or material.

(b) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly: (1) Record a person under fourteen (14) years of age and post the recording of the person on an online social media platform or other internet website that allows the using or posting of a recording in any form after the person has previously been warned of his or her possible criminal exposure by a judge at the person's sentencing for the offense for which the person is required to register as a sex offender, or by his or her community supervision officer that recording a person under fourteen (14) years of age is a violation of his or her terms and conditions of his or her probation, parole, or post-release supervision; or (2) Record a person under fourteen (14) years of age and post the recording of the person on an online social media platform or other internet website that allows the using or posting of a recording in any form in a manner that would suggest to a reasonable person that the person recording and posting the recording was doing so to unlawfully incite the prurient interest of himself, herself, or another person.

(1) Record a person under fourteen (14) years of age and post the recording of the person on an online social media platform or other internet website that allows the using or posting of a recording in any form after the person has previously been warned of his or her possible criminal exposure by a judge at the person's sentencing for the offense for which the person is required to register as a sex offender, or by his or her community supervision officer that recording a person under fourteen (14) years of age is a violation of his or her terms and conditions of his or her probation, parole, or post-release supervision; or

(2) Record a person under fourteen (14) years of age and post the recording of the person on an online social media platform or other internet website that allows the using or posting of a recording in any form in a manner that would suggest to a reasonable person that the person recording and posting the recording was doing so to unlawfully incite the prurient interest of himself, herself, or another person.

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

(d) It is a defense to prosecution under this section that: (1) The person received permission from the parent or guardian of the person under fourteen (14) years of age to record the person under fourteen (14) years of age or to use or post a recording of the person under fourteen (14) years of age on an online social media platform or other internet website that allows the using or posting of a recording; (2) The person who recorded or whose recording was used or posted on an online social media platform or other internet website that allows the using or posting of a recording was the parent or guardian of the person under fourteen (14) years of age; (3) The person under fourteen (14) years of age who was recorded was not the subject of the recording or was in the background of the recording; (4) A reasonable person would believe the appearance of the person under fourteen (14) years of age was ancillary to the main subject of the recording; or (5) The recording of the person under fourteen (14) years of age was used or posted by a news organization.

(1) The person received permission from the parent or guardian of the person under fourteen (14) years of age to record the person under fourteen (14) years of age or to use or post a recording of the person under fourteen (14) years of age on an online social media platform or other internet website that allows the using or posting of a recording;

(2) The person who recorded or whose recording was used or posted on an online social media platform or other internet website that allows the using or posting of a recording was the parent or guardian of the person under fourteen (14) years of age;

(3) The person under fourteen (14) years of age who was recorded was not the subject of the recording or was in the background of the recording;

(4) A reasonable person would believe the appearance of the person under fourteen (14) years of age was ancillary to the main subject of the recording; or

(5) The recording of the person under fourteen (14) years of age was used or posted by a news organization.

Amended by Act 2023, No. 659,§ 36, eff. 1/1/2024.

Added by Act 2019, No. 621,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 5-64-405 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-405
Continuing criminal enterprise
Status: in_force

(a) A person commits the offense of engaging in a continuing criminal enterprise if he or she: (1) Violates any provision of this chapter that is a felony, except §§ 5-64-419 and 5-64-441 ; and (2) The violation is a part of a continuing series of two (2) or more felony offenses of this chapter, except §§ 5-64-419 and 5-64-441 : (A) That are undertaken by that person in concert with five (5) or more other persons with respect to whom that person occupies a position of organizer, a supervisory position, or any other position of management; and (B) From which that person obtained substantial income or resources. (b) (1) A person who engages in a continuing criminal enterprise upon conviction is guilty of an unclassified felony and shall be sentenced to a term of imprisonment up to two (2) times the term otherwise authorized for the underlying offense referenced in subdivision (a)(1) of this section and shall be fined an amount up to two (2) times that authorized for the underlying offense referenced in subdivision (a)(1) of this section. (2) For any purpose other than disposition, engaging in a continuing criminal enterprise is a Class Y felony. (c) (1) A person who violates subsection (a) of this section after a previous conviction under subsection (a) of this section has become final upon conviction is guilty of an unclassified felony and shall be punished by a term of imprisonment not exceeding three (3) times that authorized for the underlying offense referenced in subdivision (a)(1) of this section and a fine not exceeding three (3) times the amount authorized for the underlying offense referenced in subdivision (a)(1) of this section. (2) For any purpose other than disposition, engaging in a continuing criminal enterprise is a Class Y felony. (d) (1) Upon conviction, the prosecuting attorney may institute a civil action against any person who violates this section to obtain a judgment against all persons who violate this section, jointly and severally, for damages in an amount equal to three (3) times the proceeds acquired by all persons involved in the enterprise or by reason of conduct in furtherance of the enterprise, together with costs incurred for resources and personnel used in the investigation and prosecution of both criminal and civil proceedings. (2) The standard of proof in an action brought under this section is a preponderance of the evidence. (3) The procedures in the asset forfeiture law, § 5-64-505 , shall apply. (4) A defendant in a civil action brought under this subsection is entitled to a trial by jury. (e) An offender found guilty of a violation of this section shall not: (1) Have his or her sentence suspended; (2) Be placed on probation; (3) Have imposition of sentence suspended; (4) Have the execution of the sentence deferred; (5) Have the sentence deferred; or (6) Be eligible for § 16-93-301 et seq. Amended by Act 2013, No. 1125,§ 12, eff. 8/16/2013. Acts 1971, No. 590, Art. 4, § 5; A.S.A. 1947, § 82-2621; Acts 2005, No. 1994, § 305[A]; 2011, No. 570, § 37.

(a) A person commits the offense of engaging in a continuing criminal enterprise if he or she: (1) Violates any provision of this chapter that is a felony, except §§ 5-64-419 and 5-64-441 ; and (2) The violation is a part of a continuing series of two (2) or more felony offenses of this chapter, except §§ 5-64-419 and 5-64-441 : (A) That are undertaken by that person in concert with five (5) or more other persons with respect to whom that person occupies a position of organizer, a supervisory position, or any other position of management; and (B) From which that person obtained substantial income or resources.

(1) Violates any provision of this chapter that is a felony, except §§ 5-64-419 and 5-64-441 ; and

(2) The violation is a part of a continuing series of two (2) or more felony offenses of this chapter, except §§ 5-64-419 and 5-64-441 : (A) That are undertaken by that person in concert with five (5) or more other persons with respect to whom that person occupies a position of organizer, a supervisory position, or any other position of management; and (B) From which that person obtained substantial income or resources.

(A) That are undertaken by that person in concert with five (5) or more other persons with respect to whom that person occupies a position of organizer, a supervisory position, or any other position of management; and

(B) From which that person obtained substantial income or resources.

(b) (1) A person who engages in a continuing criminal enterprise upon conviction is guilty of an unclassified felony and shall be sentenced to a term of imprisonment up to two (2) times the term otherwise authorized for the underlying offense referenced in subdivision (a)(1) of this section and shall be fined an amount up to two (2) times that authorized for the underlying offense referenced in subdivision (a)(1) of this section. (2) For any purpose other than disposition, engaging in a continuing criminal enterprise is a Class Y felony.

(1) A person who engages in a continuing criminal enterprise upon conviction is guilty of an unclassified felony and shall be sentenced to a term of imprisonment up to two (2) times the term otherwise authorized for the underlying offense referenced in subdivision (a)(1) of this section and shall be fined an amount up to two (2) times that authorized for the underlying offense referenced in subdivision (a)(1) of this section.

(2) For any purpose other than disposition, engaging in a continuing criminal enterprise is a Class Y felony.

(c) (1) A person who violates subsection (a) of this section after a previous conviction under subsection (a) of this section has become final upon conviction is guilty of an unclassified felony and shall be punished by a term of imprisonment not exceeding three (3) times that authorized for the underlying offense referenced in subdivision (a)(1) of this section and a fine not exceeding three (3) times the amount authorized for the underlying offense referenced in subdivision (a)(1) of this section. (2) For any purpose other than disposition, engaging in a continuing criminal enterprise is a Class Y felony.

(1) A person who violates subsection (a) of this section after a previous conviction under subsection (a) of this section has become final upon conviction is guilty of an unclassified felony and shall be punished by a term of imprisonment not exceeding three (3) times that authorized for the underlying offense referenced in subdivision (a)(1) of this section and a fine not exceeding three (3) times the amount authorized for the underlying offense referenced in subdivision (a)(1) of this section.

(2) For any purpose other than disposition, engaging in a continuing criminal enterprise is a Class Y felony.

(d) (1) Upon conviction, the prosecuting attorney may institute a civil action against any person who violates this section to obtain a judgment against all persons who violate this section, jointly and severally, for damages in an amount equal to three (3) times the proceeds acquired by all persons involved in the enterprise or by reason of conduct in furtherance of the enterprise, together with costs incurred for resources and personnel used in the investigation and prosecution of both criminal and civil proceedings. (2) The standard of proof in an action brought under this section is a preponderance of the evidence. (3) The procedures in the asset forfeiture law, § 5-64-505 , shall apply. (4) A defendant in a civil action brought under this subsection is entitled to a trial by jury.

(1) Upon conviction, the prosecuting attorney may institute a civil action against any person who violates this section to obtain a judgment against all persons who violate this section, jointly and severally, for damages in an amount equal to three (3) times the proceeds acquired by all persons involved in the enterprise or by reason of conduct in furtherance of the enterprise, together with costs incurred for resources and personnel used in the investigation and prosecution of both criminal and civil proceedings.

(2) The standard of proof in an action brought under this section is a preponderance of the evidence.

(3) The procedures in the asset forfeiture law, § 5-64-505 , shall apply.

(4) A defendant in a civil action brought under this subsection is entitled to a trial by jury.

(e) An offender found guilty of a violation of this section shall not: (1) Have his or her sentence suspended; (2) Be placed on probation; (3) Have imposition of sentence suspended; (4) Have the execution of the sentence deferred; (5) Have the sentence deferred; or (6) Be eligible for § 16-93-301 et seq.

(1) Have his or her sentence suspended;

(2) Be placed on probation;

(3) Have imposition of sentence suspended;

(4) Have the execution of the sentence deferred;

(5) Have the sentence deferred; or

(6) Be eligible for § 16-93-301 et seq.

Amended by Act 2013, No. 1125,§ 12, eff. 8/16/2013.

Acts 1971, No. 590, Art. 4, § 5; A.S.A. 1947, § 82-2621; Acts 2005, No. 1994, § 305[A]; 2011, No. 570, § 37.
Ark. Code Ann. § 5-41-106 — AR Code / Title 5 / Chapter 41 / Subchapter 1 / Section 5-41-106
Civil actions
Status: in_force

(a) (1) Any person whose property or person is injured by reason of a violation of any provision of this subchapter may sue for the injury and recover for any damages sustained and the costs of suit. (2) Without limiting the generality of the term, "damages" includes loss of profits. (b) At the request of any party to an action brought pursuant to this section, in its discretion, the court may conduct any legal proceeding in such a way as to protect the secrecy and security of the computer, computer system, computer network, computer program, computer software, and data involved in order to prevent possible reoccurrence of the same or a similar act by another person and to protect any trade secret of any party. (c) No civil action under this section may be brought except within three (3) years from the date the alleged violation of this subchapter is discovered or should have been discovered by the exercise of reasonable diligence. Acts 1987, No. 908, § 6.

(a) (1) Any person whose property or person is injured by reason of a violation of any provision of this subchapter may sue for the injury and recover for any damages sustained and the costs of suit. (2) Without limiting the generality of the term, "damages" includes loss of profits.

(1) Any person whose property or person is injured by reason of a violation of any provision of this subchapter may sue for the injury and recover for any damages sustained and the costs of suit.

(2) Without limiting the generality of the term, "damages" includes loss of profits.

(b) At the request of any party to an action brought pursuant to this section, in its discretion, the court may conduct any legal proceeding in such a way as to protect the secrecy and security of the computer, computer system, computer network, computer program, computer software, and data involved in order to prevent possible reoccurrence of the same or a similar act by another person and to protect any trade secret of any party.

(c) No civil action under this section may be brought except within three (3) years from the date the alleged violation of this subchapter is discovered or should have been discovered by the exercise of reasonable diligence.

Acts 1987, No. 908, § 6.
Ark. Code Ann. § 5-27-607 — AR Code / Title 5 / Chapter 27 / Subchapter 6 / Section 5-27-607
Determination of age of person
Status: in_force

(a) For purposes of this subchapter, the state must prove beyond a reasonable doubt that a person who is depicted as or presents the appearance of being under seventeen (17) years of age in any photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction is under seventeen (17) years of age. (b) If it becomes necessary for a purpose of this subchapter to determine whether a person depicted engaging in sexually explicit conduct was under seventeen (17) years of age, the court or jury may make this determination by any of the following methods: (1) Personal inspection of the person; (2) Inspection of the photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction picture that depicts the person engaging in the sexually explicit conduct; (3) Expert medical testimony based on the appearance of the person engaged in the sexually explicit conduct; or (4) Any other method authorized by law. Acts 2001, No. 1496, § 1; 2005, No. 1994, § 493.

(a) For purposes of this subchapter, the state must prove beyond a reasonable doubt that a person who is depicted as or presents the appearance of being under seventeen (17) years of age in any photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction is under seventeen (17) years of age.

(b) If it becomes necessary for a purpose of this subchapter to determine whether a person depicted engaging in sexually explicit conduct was under seventeen (17) years of age, the court or jury may make this determination by any of the following methods: (1) Personal inspection of the person; (2) Inspection of the photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction picture that depicts the person engaging in the sexually explicit conduct; (3) Expert medical testimony based on the appearance of the person engaged in the sexually explicit conduct; or (4) Any other method authorized by law.

(1) Personal inspection of the person;

(2) Inspection of the photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction picture that depicts the person engaging in the sexually explicit conduct;

(3) Expert medical testimony based on the appearance of the person engaged in the sexually explicit conduct; or

(4) Any other method authorized by law.

Acts 2001, No. 1496, § 1; 2005, No. 1994, § 493.
Ark. Code Ann. § 5-73-323 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-323
Post-Prison Transfer Board exemptions
Status: in_force

A member of the Post-Prison Transfer Board, a board investigator, or a revocation hearing judge who has been issued a license to carry a concealed handgun by the Division of Arkansas State Police under this subchapter may carry his or her concealed handgun into a building in which or a location on which a law enforcement officer may carry a handgun if the board member, board investigator, or revocation hearing judge is on official business of the board. Amended by Act 2023, No. 659,§ 49, eff. 1/1/2024. Added by Act 2013, No. 320,§ 2, eff. 8/16/2013.

A member of the Post-Prison Transfer Board, a board investigator, or a revocation hearing judge who has been issued a license to carry a concealed handgun by the Division of Arkansas State Police under this subchapter may carry his or her concealed handgun into a building in which or a location on which a law enforcement officer may carry a handgun if the board member, board investigator, or revocation hearing judge is on official business of the board.

Amended by Act 2023, No. 659,§ 49, eff. 1/1/2024.

Added by Act 2013, No. 320,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 5-76-101 — AR Code / Title 5 / Chapter 76 / Section 5-76-101
[Repealed]
Status: repealed

Repealed by Act 2015, No. 299,§ 16, eff. 7/22/2015. Acts 1995, No. 518, § 1; 2005, No. 1458, § 1; 2009, No. 693, § 1.

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

Acts 1995, No. 518, § 1; 2005, No. 1458, § 1; 2009, No. 693, § 1.
Ark. Code Ann. § 5-13-101 — AR Code / Title 5 / Chapter 13 / Subchapter 1 / Section 5-13-101
Definition
Status: in_force

As used in this chapter, "first responder" means a law enforcement officer, firefighter, emergency medical provider, or emergency management official, who is acting within the scope or course of his or her employment. Added by Act 2021, No. 1014,§ 1, eff. 7/28/2021.

As used in this chapter, "first responder" means a law enforcement officer, firefighter, emergency medical provider, or emergency management official, who is acting within the scope or course of his or her employment.

Added by Act 2021, No. 1014,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 5-37-303 — AR Code / Title 5 / Chapter 37 / Subchapter 3 / Section 5-37-303
Notice
Status: in_force

(a) For purposes of this section and § 5-37-304 , notice that payment was refused by the drawee for lack of funds shall be sent by certified mail, registered mail evidenced by return receipt, or by regular mail supported by an affidavit of mailing, to the address printed on the instrument or given at the time of issuance or to the current residence. (b) (1) The form of the notice under subsection (a) of this section shall be substantially as follows: "You are hereby notified that the check(s) or instrument(s) listed below (has) (have) been dishonored. Pursuant to Arkansas law, you have ten (10) days from receipt of this notice to tender payment of the total amount of the check(s) or instrument(s), plus the applicable service charge(s) of $ __________________ (not to exceed $30.00 per check), plus the amount of any fees charged by any financial institution as a result of the check's not being honored, the total amount due being $ __________________. Unless this amount is paid in full within the time specified above, the dishonored check(s) or instrument(s) and all other available information relating to this incident may be turned over to the prosecuting attorney for criminal prosecution. Click here to view form. (2) If notice is sent by an affidavit of mailing, the affidavit of mailing shall contain a copy of the notice and shall substantially state: Click here to view form. (c) Any party holding a dishonored check or instrument and giving notice in substantially similar form to that provided in subsection (b) of this section and in the manner provided in subsection (a) of this section is immune from civil liability and criminal liability if sent in good faith for the giving of the notice and for proceeding under the forms of the notice. Acts 1959, No. 241, § 4; 1981, No. 899, § 3; 1983, No. 473, § 1; A.S.A. 1947, § 67-722; Acts 1987, No. 678, § 1; 1992 (1st Ex. Sess.), No. 44, § 1; 1995, No. 335, § 2; 2001, No. 996, § 2; 2003, No. 1732, § 1; 2011, No. 1012, § 2.

(a) For purposes of this section and § 5-37-304 , notice that payment was refused by the drawee for lack of funds shall be sent by certified mail, registered mail evidenced by return receipt, or by regular mail supported by an affidavit of mailing, to the address printed on the instrument or given at the time of issuance or to the current residence.

(b) (1) The form of the notice under subsection (a) of this section shall be substantially as follows: "You are hereby notified that the check(s) or instrument(s) listed below (has) (have) been dishonored. Pursuant to Arkansas law, you have ten (10) days from receipt of this notice to tender payment of the total amount of the check(s) or instrument(s), plus the applicable service charge(s) of $ __________________ (not to exceed $30.00 per check), plus the amount of any fees charged by any financial institution as a result of the check's not being honored, the total amount due being $ __________________. Unless this amount is paid in full within the time specified above, the dishonored check(s) or instrument(s) and all other available information relating to this incident may be turned over to the prosecuting attorney for criminal prosecution. Click here to view form. (2) If notice is sent by an affidavit of mailing, the affidavit of mailing shall contain a copy of the notice and shall substantially state: Click here to view form.

(1) The form of the notice under subsection (a) of this section shall be substantially as follows: "You are hereby notified that the check(s) or instrument(s) listed below (has) (have) been dishonored. Pursuant to Arkansas law, you have ten (10) days from receipt of this notice to tender payment of the total amount of the check(s) or instrument(s), plus the applicable service charge(s) of $ __________________ (not to exceed $30.00 per check), plus the amount of any fees charged by any financial institution as a result of the check's not being honored, the total amount due being $ __________________. Unless this amount is paid in full within the time specified above, the dishonored check(s) or instrument(s) and all other available information relating to this incident may be turned over to the prosecuting attorney for criminal prosecution. Click here to view form.

"You are hereby notified that the check(s) or instrument(s) listed below (has) (have) been dishonored. Pursuant to Arkansas law, you have ten (10) days from receipt of this notice to tender payment of the total amount of the check(s) or instrument(s), plus the applicable service charge(s) of $ __________________ (not to exceed $30.00 per check), plus the amount of any fees charged by any financial institution as a result of the check's not being honored, the total amount due being $ __________________. Unless this amount is paid in full within the time specified above, the dishonored check(s) or instrument(s) and all other available information relating to this incident may be turned over to the prosecuting attorney for criminal prosecution.

Click here to view form.

(2) If notice is sent by an affidavit of mailing, the affidavit of mailing shall contain a copy of the notice and shall substantially state: Click here to view form.

Click here to view form.

(c) Any party holding a dishonored check or instrument and giving notice in substantially similar form to that provided in subsection (b) of this section and in the manner provided in subsection (a) of this section is immune from civil liability and criminal liability if sent in good faith for the giving of the notice and for proceeding under the forms of the notice.

Acts 1959, No. 241, § 4; 1981, No. 899, § 3; 1983, No. 473, § 1; A.S.A. 1947, § 67-722; Acts 1987, No. 678, § 1; 1992 (1st Ex. Sess.), No. 44, § 1; 1995, No. 335, § 2; 2001, No. 996, § 2; 2003, No. 1732, § 1; 2011, No. 1012, § 2.

37_303_1 - Attachment

37_303_2 - Attachment
Ark. Code Ann. § 5-64-214 — AR Code / Title 5 / Chapter 64 / Subchapter 2 / Section 5-64-214
Criteria for Schedule VI
Status: in_force

The Secretary of the Department of Health shall place a substance in Schedule VI if he or she finds that: (1) The substance is not currently accepted for medical use in treatment in the United States; (2) There is lack of accepted safety for use of the drug or other substance even under direct medical supervision; (3) The substance has relatively high psychological or physiological dependence liability, or both; and (4) Use of the substance presents a definite risk to public health. Amended by Act 2019, No. 910,§ 4840, eff. 7/1/2019. Acts 1971, No. 590, Art. 2, § 14, as added by Acts 1973, No. 186, § 1; 1979, No. 898, § 12; A.S.A. 1947, § 82-2614.1; Acts 2007, No. 827, § 56.

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

(1) The substance is not currently accepted for medical use in treatment in the United States;

(2) There is lack of accepted safety for use of the drug or other substance even under direct medical supervision;

(3) The substance has relatively high psychological or physiological dependence liability, or both; and

(4) Use of the substance presents a definite risk to public health.

Amended by Act 2019, No. 910,§ 4840, eff. 7/1/2019.

Acts 1971, No. 590, Art. 2, § 14, as added by Acts 1973, No. 186, § 1; 1979, No. 898, § 12; A.S.A. 1947, § 82-2614.1; Acts 2007, No. 827, § 56.
Ark. Code Ann. § 5-64-434 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-434
Delivery of a Schedule IV or Schedule V controlled substance
Status: in_force

(a) Except as provided by this chapter, it is unlawful for a person to deliver a Schedule IV or Schedule V controlled substance. (b) (1) A person who delivers less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class D felony. (2) A person who delivers two hundred grams (200g) or more but less than four hundred grams (400g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class C felony. (3) A person who delivers four hundred grams (400g) or more but less than eight hundred grams (800g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class B felony. Acts 2011, No. 570, § 55.

(a) Except as provided by this chapter, it is unlawful for a person to deliver a Schedule IV or Schedule V controlled substance.

(b) (1) A person who delivers less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class D felony. (2) A person who delivers two hundred grams (200g) or more but less than four hundred grams (400g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class C felony. (3) A person who delivers four hundred grams (400g) or more but less than eight hundred grams (800g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class B felony.

(1) A person who delivers less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class D felony.

(2) A person who delivers two hundred grams (200g) or more but less than four hundred grams (400g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class C felony.

(3) A person who delivers four hundred grams (400g) or more but less than eight hundred grams (800g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class B felony.

Acts 2011, No. 570, § 55.
Ark. Code Ann. § 5-53-112 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-112
Retaliation against a witness, informant, or juror
Status: in_force

(a) A person commits the offense of retaliation against a witness, informant, or juror if he or she harms or threatens to harm another by any unlawful act in retaliation for anything lawfully done in the capacity of witness, informant, or juror. (b) Retaliation against a witness, informant, or juror is a Class C felony. (c) "Informant" means a person who provides information to any law enforcement agency in an effort to assist the law enforcement agency in solving a crime or apprehending a person suspected of a criminal offense. Amended by Act 2019, No. 1017,§ 4, eff. 7/24/2019. Acts 1975, No. 280, § 2612; A.S.A. 1947, § 41-2612; Acts 1997, No. 1238, § 1; 2005, No. 1994, § 465.

(a) A person commits the offense of retaliation against a witness, informant, or juror if he or she harms or threatens to harm another by any unlawful act in retaliation for anything lawfully done in the capacity of witness, informant, or juror.

(b) Retaliation against a witness, informant, or juror is a Class C felony.

(c) "Informant" means a person who provides information to any law enforcement agency in an effort to assist the law enforcement agency in solving a crime or apprehending a person suspected of a criminal offense.

Amended by Act 2019, No. 1017,§ 4, eff. 7/24/2019.

Acts 1975, No. 280, § 2612; A.S.A. 1947, § 41-2612; Acts 1997, No. 1238, § 1; 2005, No. 1994, § 465.
Ark. Code Ann. § 5-3-403 — AR Code / Title 5 / Chapter 3 / Subchapter 4 / Section 5-3-403
Multiple criminal objectives
Status: in_force

If a person conspires to commit a number of criminal offenses, the person commits only one (1) conspiracy if the multiple offenses are the object of the same agreement or continuous conspiratorial relationship. Acts 1975, No. 280, § 709; A.S.A. 1947, § 41-709.

If a person conspires to commit a number of criminal offenses, the person commits only one (1) conspiracy if the multiple offenses are the object of the same agreement or continuous conspiratorial relationship.

Acts 1975, No. 280, § 709; A.S.A. 1947, § 41-709.
Ark. Code Ann. § 5-26-416 — AR Code / Title 5 / Chapter 26 / Subchapter 4 / Section 5-26-416
Violation of order - Forfeiture of recognizance
Status: in_force

(a) When the original trial court is satisfied by information and proof under oath that any time during the year the defendant has violated a term of its order, the original trial court shall proceed with the trial of the defendant under the original conviction, or enforce the original sentence, as the case may be. (b) In case of forfeiture of recognizance and the enforcement of forfeiture of recognizance by execution, in the discretion of the original trial court the sum recovered may be paid in whole or in part to a spouse or to a guardian or custodian of a minor child. Acts 1951, No. 67, § 9; 1953, No. 242, § 9; 1981, No. 633, § 3; A.S.A. 1947, § 41-2456.

(a) When the original trial court is satisfied by information and proof under oath that any time during the year the defendant has violated a term of its order, the original trial court shall proceed with the trial of the defendant under the original conviction, or enforce the original sentence, as the case may be.

(b) In case of forfeiture of recognizance and the enforcement of forfeiture of recognizance by execution, in the discretion of the original trial court the sum recovered may be paid in whole or in part to a spouse or to a guardian or custodian of a minor child.

Acts 1951, No. 67, § 9; 1953, No. 242, § 9; 1981, No. 633, § 3; A.S.A. 1947, § 41-2456.
Ark. Code Ann. § 5-65-304 — AR Code / Title 5 / Chapter 65 / Subchapter 3 / Section 5-65-304
Seizure, suspension, and revocation of license - Temporary permits
Status: in_force

(a) At the time of arrest for violating § 5-65-303 , the arresting law enforcement officer shall seize the underage person's motor vehicle operator's license, permit, or other evidence of driving privilege and issue to the underage person a temporary driving permit as provided by § 5-65-402 . (b) (1) As provided by § 5-65-402 , the Office of Driver Services shall: (A) Suspend or revoke the driving privileges of the arrested underage person; and (B) Provide the arrested underage person the right to hearing and judicial review. (2) The office shall suspend or revoke the underage person's driving privilege for violating § 5-65-303 as follows: (A) Suspend the driving privilege for ninety (90) days for a first offense; (B) Suspend the driving privilege for one (1) year for a second offense occurring while the person is underage; and (C) (i) Revoke the driving privilege for a third or subsequent offense occurring while the person is underage. (ii) A revocation issued under this subdivision (b)(2)(C) continues until the underage person reaches twenty-one (21) years of age or for a period of three (3) years, whichever is longer. (c) Either of the following are considered a previous offense by the office under this section: (1) A conviction for violating § 5-65-103 or § 5-65-303 ; and (2) A suspension or revocation of driving privileges for an arrest for a violation of § 5-65-103 or § 5-65-303 when the person was not subsequently acquitted of the criminal charge. (d) (1) (A) A driving privilege that is suspended under this section may be reinstated by the office upon payment of a fee of twenty-five dollars ($25.00) for each occurrence of an offense that resulted in an order of administrative suspension under § 5-65-303 . (B) As used in this subsection, "occurrence" means each separate calendar date when an offense or offenses take place. (2) The fee under this subsection is not required when an administrative suspension order has been removed because: (A) The person has been found not guilty of the offense by a circuit court or district court; or (B) A de novo review of the administrative suspension order by the office resulted in the removal. (3) Forty percent (40%) of the revenues derived from the fee under this subsection shall be deposited into the State Treasury as special revenues and credited to the Public Health Fund to be used exclusively for the Blood Alcohol Program of the Department of Health. (4) The fee under this subsection is supplemental to and in addition to any fee imposed under § 5-65-119 , § 5-65-310 , § 27-16-508 , or § 27-16-808 . Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015. Acts 1993, No. 863, § 4; 1999, No. 1077, § 16; 2005, No. 1992, § 2; 2007, No. 712, § 3.

(a) At the time of arrest for violating § 5-65-303 , the arresting law enforcement officer shall seize the underage person's motor vehicle operator's license, permit, or other evidence of driving privilege and issue to the underage person a temporary driving permit as provided by § 5-65-402 .

(b) (1) As provided by § 5-65-402 , the Office of Driver Services shall: (A) Suspend or revoke the driving privileges of the arrested underage person; and (B) Provide the arrested underage person the right to hearing and judicial review. (2) The office shall suspend or revoke the underage person's driving privilege for violating § 5-65-303 as follows: (A) Suspend the driving privilege for ninety (90) days for a first offense; (B) Suspend the driving privilege for one (1) year for a second offense occurring while the person is underage; and (C) (i) Revoke the driving privilege for a third or subsequent offense occurring while the person is underage. (ii) A revocation issued under this subdivision (b)(2)(C) continues until the underage person reaches twenty-one (21) years of age or for a period of three (3) years, whichever is longer.

(1) As provided by § 5-65-402 , the Office of Driver Services shall: (A) Suspend or revoke the driving privileges of the arrested underage person; and (B) Provide the arrested underage person the right to hearing and judicial review.

(A) Suspend or revoke the driving privileges of the arrested underage person; and

(B) Provide the arrested underage person the right to hearing and judicial review.

(2) The office shall suspend or revoke the underage person's driving privilege for violating § 5-65-303 as follows: (A) Suspend the driving privilege for ninety (90) days for a first offense; (B) Suspend the driving privilege for one (1) year for a second offense occurring while the person is underage; and (C) (i) Revoke the driving privilege for a third or subsequent offense occurring while the person is underage. (ii) A revocation issued under this subdivision (b)(2)(C) continues until the underage person reaches twenty-one (21) years of age or for a period of three (3) years, whichever is longer.

(A) Suspend the driving privilege for ninety (90) days for a first offense;

(B) Suspend the driving privilege for one (1) year for a second offense occurring while the person is underage; and

(C) (i) Revoke the driving privilege for a third or subsequent offense occurring while the person is underage. (ii) A revocation issued under this subdivision (b)(2)(C) continues until the underage person reaches twenty-one (21) years of age or for a period of three (3) years, whichever is longer.

(i) Revoke the driving privilege for a third or subsequent offense occurring while the person is underage.

(ii) A revocation issued under this subdivision (b)(2)(C) continues until the underage person reaches twenty-one (21) years of age or for a period of three (3) years, whichever is longer.

(c) Either of the following are considered a previous offense by the office under this section: (1) A conviction for violating § 5-65-103 or § 5-65-303 ; and (2) A suspension or revocation of driving privileges for an arrest for a violation of § 5-65-103 or § 5-65-303 when the person was not subsequently acquitted of the criminal charge.

(1) A conviction for violating § 5-65-103 or § 5-65-303 ; and

(2) A suspension or revocation of driving privileges for an arrest for a violation of § 5-65-103 or § 5-65-303 when the person was not subsequently acquitted of the criminal charge.

(d) (1) (A) A driving privilege that is suspended under this section may be reinstated by the office upon payment of a fee of twenty-five dollars ($25.00) for each occurrence of an offense that resulted in an order of administrative suspension under § 5-65-303 . (B) As used in this subsection, "occurrence" means each separate calendar date when an offense or offenses take place. (2) The fee under this subsection is not required when an administrative suspension order has been removed because: (A) The person has been found not guilty of the offense by a circuit court or district court; or (B) A de novo review of the administrative suspension order by the office resulted in the removal. (3) Forty percent (40%) of the revenues derived from the fee under this subsection shall be deposited into the State Treasury as special revenues and credited to the Public Health Fund to be used exclusively for the Blood Alcohol Program of the Department of Health. (4) The fee under this subsection is supplemental to and in addition to any fee imposed under § 5-65-119 , § 5-65-310 , § 27-16-508 , or § 27-16-808 .

(1) (A) A driving privilege that is suspended under this section may be reinstated by the office upon payment of a fee of twenty-five dollars ($25.00) for each occurrence of an offense that resulted in an order of administrative suspension under § 5-65-303 . (B) As used in this subsection, "occurrence" means each separate calendar date when an offense or offenses take place.

(A) A driving privilege that is suspended under this section may be reinstated by the office upon payment of a fee of twenty-five dollars ($25.00) for each occurrence of an offense that resulted in an order of administrative suspension under § 5-65-303 .

(B) As used in this subsection, "occurrence" means each separate calendar date when an offense or offenses take place.

(2) The fee under this subsection is not required when an administrative suspension order has been removed because: (A) The person has been found not guilty of the offense by a circuit court or district court; or (B) A de novo review of the administrative suspension order by the office resulted in the removal.

(A) The person has been found not guilty of the offense by a circuit court or district court; or

(B) A de novo review of the administrative suspension order by the office resulted in the removal.

(3) Forty percent (40%) of the revenues derived from the fee under this subsection shall be deposited into the State Treasury as special revenues and credited to the Public Health Fund to be used exclusively for the Blood Alcohol Program of the Department of Health.

(4) The fee under this subsection is supplemental to and in addition to any fee imposed under § 5-65-119 , § 5-65-310 , § 27-16-508 , or § 27-16-808 .

Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015.

Acts 1993, No. 863, § 4; 1999, No. 1077, § 16; 2005, No. 1992, § 2; 2007, No. 712, § 3.
Ark. Code Ann. § 5-54-210 — AR Code / Title 5 / Chapter 54 / Subchapter 2 / Section 5-54-210
Restitution
Status: in_force

In addition to any other restitution ordered under § 5-4-205 , the court may order that a person who violates this subchapter make restitution to the state or any of its political subdivisions for any cleanup costs associated with the commission of any offense in this subchapter. Acts 2003, No. 1342, § 3.

In addition to any other restitution ordered under § 5-4-205 , the court may order that a person who violates this subchapter make restitution to the state or any of its political subdivisions for any cleanup costs associated with the commission of any offense in this subchapter.

Acts 2003, No. 1342, § 3.
Ark. Code Ann. § 5-4-503 — AR Code / Title 5 / Chapter 4 / Subchapter 5 / Section 5-4-503
Habitual offenders - Previous conviction in another jurisdiction
Status: in_force

For purposes of § 5-4-501 , a conviction or finding of guilt of an offense in another jurisdiction constitutes a previous conviction or finding of guilt of a felony if a sentence of death or of imprisonment for a term in excess of one (1) year was authorized under a law of the other jurisdiction. Acts 1975, No. 280, § 1002; 1977, No. 474, § 5; A.S.A. 1947, § 41-1002.

For purposes of § 5-4-501 , a conviction or finding of guilt of an offense in another jurisdiction constitutes a previous conviction or finding of guilt of a felony if a sentence of death or of imprisonment for a term in excess of one (1) year was authorized under a law of the other jurisdiction.

Acts 1975, No. 280, § 1002; 1977, No. 474, § 5; A.S.A. 1947, § 41-1002.
Ark. Code Ann. § 5-3-102 — AR Code / Title 5 / Chapter 3 / Subchapter 1 / Section 5-3-102
Multiple convictions barred
Status: in_force

A person may not be convicted of more than one (1) offense defined by this chapter for conduct designed to commit or to culminate in the commission of the same offense. Acts 1975, No. 280, § 716; A.S.A. 1947, § 41-716.

A person may not be convicted of more than one (1) offense defined by this chapter for conduct designed to commit or to culminate in the commission of the same offense.

Acts 1975, No. 280, § 716; A.S.A. 1947, § 41-716.
Ark. Code Ann. § 5-61-303 — AR Code / Title 5 / Chapter 61 / Subchapter 3 / Section 5-61-303
[See Note] Definitions
Status: in_force

As used in this subchapter: (1) (A) "Abortion" means the act of using, prescribing, administering, procuring, or selling of any instrument, medicine, drug, or any other substance, device, or means with the purpose to terminate the pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child. (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the purpose to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy; (2) "Fertilization" means the fusion of a human spermatozoon with a human ovum; (3) "Medical emergency" means a condition in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself; and (4) "Unborn child" means an individual organism of the species Homo sapiens from fertilization until live birth. Added by Act 2019, No. 180,§ 1. See section 2 ofAct 2019, No. 180 for effective date.

As used in this subchapter:

(1) (A) "Abortion" means the act of using, prescribing, administering, procuring, or selling of any instrument, medicine, drug, or any other substance, device, or means with the purpose to terminate the pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child. (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the purpose to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy;

(A) "Abortion" means the act of using, prescribing, administering, procuring, or selling of any instrument, medicine, drug, or any other substance, device, or means with the purpose to terminate the pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child.

(B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the purpose to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy;

(i) Save the life or preserve the health of the unborn child;

(ii) Remove a dead unborn child caused by spontaneous abortion; or

(iii) Remove an ectopic pregnancy;

(2) "Fertilization" means the fusion of a human spermatozoon with a human ovum;

(3) "Medical emergency" means a condition in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself; and

(4) "Unborn child" means an individual organism of the species Homo sapiens from fertilization until live birth.

Added by Act 2019, No. 180,§ 1. See section 2 ofAct 2019, No. 180 for effective date.