Ark. Code Ann. § 5-64-421 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-421
Possession of fentanyl - Possession of fentanyl with the purpose to deliver - Delivery of fentanyl - Manufacture of fentanyl - Predatory marketing of fentanyl to minors
Status: in_force

(a) (1) Except as provided by this chapter, it is unlawful for a person to possess fentanyl. (2) A person who violates subdivision (a)(1) of this section upon conviction is guilty of a Class C felony. (b) (1) Except as provided by this chapter, it is unlawful for a person to possess fentanyl with the purpose to deliver fentanyl. (2) Purpose to deliver may be shown by any of the following factors: (A) The person possesses the means to weigh, separate, or package fentanyl; (B) The person possesses a record indicating a drug-related transaction; (C) The fentanyl is separated or packaged in a manner to facilitate delivery; (D) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of fentanyl; (E) The person possesses at least two (2) other controlled substances in any amount; or (F) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver fentanyl. (3) A person who violates subdivision (b)(1) of this section upon conviction is guilty of a Class A felony. (c) (1) Except as provided by this chapter, it is unlawful for a person to deliver fentanyl. (2) A person who violates subdivision (c)(1) of this section upon conviction is guilty of a Class Y felony. (d) (1) Except as provided by this chapter, it is unlawful for a person to manufacture fentanyl. (2) A person who manufactures fentanyl upon conviction is guilty of a Class Y felony. (e) It is an affirmative defense to prosecution under subsection (a) of this section if a person has a valid prescription for fentanyl and is using the fentanyl lawfully. (f) It is not a violation under subsections (b) and (c) of this section if a permitted manufacturer, wholesaler, pharmacy, hospital, long-term care facility, or other medical provider delivers, prescribes, administers, or transfers fentanyl for lawful purposes and in compliance with state and federal law. (g) It is not a violation of subsection (d) of this section for a pharmaceutical company to manufacture fentanyl in compliance with state and federal law. (h) The unlawful possession of drug paraphernalia containing fentanyl residue shall not be charged under this section and may be charged under § 5-64-443 . (i) (1) (A) A person commits the offense of predatory marketing of fentanyl to minors if he or she possesses fentanyl with the purpose to deliver, delivers fentanyl, or manufactures fentanyl; and (B) The fentanyl possessed, delivered, or manufactured is likely to appeal to minors due to the shape, color, taste, or design of the fentanyl or the fentanyl's packaging, including without limitation: (i) Products that are modeled after noncontrolled substance products primarily consumed by and marketed to minors; (ii) Products in the shape of an animal, a vehicle, a person, or a character; or (iii) Products that resemble food or beverages that are attractive to minors and that are commonly sold in retail establishments regardless of whether the food or beverages are generic, trademarked, or branded products, including without limitation products that resemble candy. (2) A person who commits predatory marketing of fentanyl to minors upon conviction is guilty of an unclassified felony and shall be sentenced to a term of life imprisonment and a fine of one million dollars ($1,000,000). Amended by Act 2023, No. 584,§ 4, eff. 4/11/2023. Added by Act 2021, No. 887,§ 4, eff. 7/28/2021.

(a) (1) Except as provided by this chapter, it is unlawful for a person to possess fentanyl. (2) A person who violates subdivision (a)(1) of this section upon conviction is guilty of a Class C felony.

(1) Except as provided by this chapter, it is unlawful for a person to possess fentanyl.

(2) A person who violates subdivision (a)(1) of this section upon conviction is guilty of a Class C felony.

(b) (1) Except as provided by this chapter, it is unlawful for a person to possess fentanyl with the purpose to deliver fentanyl. (2) Purpose to deliver may be shown by any of the following factors: (A) The person possesses the means to weigh, separate, or package fentanyl; (B) The person possesses a record indicating a drug-related transaction; (C) The fentanyl is separated or packaged in a manner to facilitate delivery; (D) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of fentanyl; (E) The person possesses at least two (2) other controlled substances in any amount; or (F) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver fentanyl. (3) A person who violates subdivision (b)(1) of this section upon conviction is guilty of a Class A felony.

(1) Except as provided by this chapter, it is unlawful for a person to possess fentanyl with the purpose to deliver fentanyl.

(2) Purpose to deliver may be shown by any of the following factors: (A) The person possesses the means to weigh, separate, or package fentanyl; (B) The person possesses a record indicating a drug-related transaction; (C) The fentanyl is separated or packaged in a manner to facilitate delivery; (D) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of fentanyl; (E) The person possesses at least two (2) other controlled substances in any amount; or (F) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver fentanyl.

(A) The person possesses the means to weigh, separate, or package fentanyl;

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

(C) The fentanyl is separated or packaged in a manner to facilitate delivery;

(D) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of fentanyl;

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

(F) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver fentanyl.

(3) A person who violates subdivision (b)(1) of this section upon conviction is guilty of a Class A felony.

(c) (1) Except as provided by this chapter, it is unlawful for a person to deliver fentanyl. (2) A person who violates subdivision (c)(1) of this section upon conviction is guilty of a Class Y felony.

(1) Except as provided by this chapter, it is unlawful for a person to deliver fentanyl.

(2) A person who violates subdivision (c)(1) of this section upon conviction is guilty of a Class Y felony.

(d) (1) Except as provided by this chapter, it is unlawful for a person to manufacture fentanyl. (2) A person who manufactures fentanyl upon conviction is guilty of a Class Y felony.

(1) Except as provided by this chapter, it is unlawful for a person to manufacture fentanyl.

(2) A person who manufactures fentanyl upon conviction is guilty of a Class Y felony.

(e) It is an affirmative defense to prosecution under subsection (a) of this section if a person has a valid prescription for fentanyl and is using the fentanyl lawfully.

(f) It is not a violation under subsections (b) and (c) of this section if a permitted manufacturer, wholesaler, pharmacy, hospital, long-term care facility, or other medical provider delivers, prescribes, administers, or transfers fentanyl for lawful purposes and in compliance with state and federal law.

(g) It is not a violation of subsection (d) of this section for a pharmaceutical company to manufacture fentanyl in compliance with state and federal law.

(h) The unlawful possession of drug paraphernalia containing fentanyl residue shall not be charged under this section and may be charged under § 5-64-443 .

(i) (1) (A) A person commits the offense of predatory marketing of fentanyl to minors if he or she possesses fentanyl with the purpose to deliver, delivers fentanyl, or manufactures fentanyl; and (B) The fentanyl possessed, delivered, or manufactured is likely to appeal to minors due to the shape, color, taste, or design of the fentanyl or the fentanyl's packaging, including without limitation: (i) Products that are modeled after noncontrolled substance products primarily consumed by and marketed to minors; (ii) Products in the shape of an animal, a vehicle, a person, or a character; or (iii) Products that resemble food or beverages that are attractive to minors and that are commonly sold in retail establishments regardless of whether the food or beverages are generic, trademarked, or branded products, including without limitation products that resemble candy. (2) A person who commits predatory marketing of fentanyl to minors upon conviction is guilty of an unclassified felony and shall be sentenced to a term of life imprisonment and a fine of one million dollars ($1,000,000).

(1) (A) A person commits the offense of predatory marketing of fentanyl to minors if he or she possesses fentanyl with the purpose to deliver, delivers fentanyl, or manufactures fentanyl; and (B) The fentanyl possessed, delivered, or manufactured is likely to appeal to minors due to the shape, color, taste, or design of the fentanyl or the fentanyl's packaging, including without limitation: (i) Products that are modeled after noncontrolled substance products primarily consumed by and marketed to minors; (ii) Products in the shape of an animal, a vehicle, a person, or a character; or (iii) Products that resemble food or beverages that are attractive to minors and that are commonly sold in retail establishments regardless of whether the food or beverages are generic, trademarked, or branded products, including without limitation products that resemble candy.

(A) A person commits the offense of predatory marketing of fentanyl to minors if he or she possesses fentanyl with the purpose to deliver, delivers fentanyl, or manufactures fentanyl; and

(B) The fentanyl possessed, delivered, or manufactured is likely to appeal to minors due to the shape, color, taste, or design of the fentanyl or the fentanyl's packaging, including without limitation: (i) Products that are modeled after noncontrolled substance products primarily consumed by and marketed to minors; (ii) Products in the shape of an animal, a vehicle, a person, or a character; or (iii) Products that resemble food or beverages that are attractive to minors and that are commonly sold in retail establishments regardless of whether the food or beverages are generic, trademarked, or branded products, including without limitation products that resemble candy.

(i) Products that are modeled after noncontrolled substance products primarily consumed by and marketed to minors;

(ii) Products in the shape of an animal, a vehicle, a person, or a character; or

(iii) Products that resemble food or beverages that are attractive to minors and that are commonly sold in retail establishments regardless of whether the food or beverages are generic, trademarked, or branded products, including without limitation products that resemble candy.

(2) A person who commits predatory marketing of fentanyl to minors upon conviction is guilty of an unclassified felony and shall be sentenced to a term of life imprisonment and a fine of one million dollars ($1,000,000).

Amended by Act 2023, No. 584,§ 4, eff. 4/11/2023.

Added by Act 2021, No. 887,§ 4, eff. 7/28/2021.
Ark. Code Ann. § 5-64-419 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-419
Possession of a controlled substance
Status: in_force

(a) Except as provided by this chapter, it is unlawful for a person to possess a controlled substance. (b) A person who violates this section with respect to: (1) A Schedule I or Schedule II controlled substance that is methamphetamine, heroin, or cocaine with an aggregate weight, including an adulterant or diluent, of: (A) Less than two grams (2g) upon conviction is guilty of a Class D felony; (B) Two grams (2g) or more but less than ten grams (10g) upon conviction is guilty of a Class C felony; or (C) Ten grams (10g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony; (2) A Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine with an aggregate weight, including an adulterant or diluent, of: (A) Less than two grams (2g) upon conviction is guilty of a Class D felony; (B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class C felony; or (C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony; (3) A Schedule III controlled substance with an aggregate weight, including an adulterant or diluent, of: (A) (i) Less than two grams (2g) upon conviction is guilty of a Class A misdemeanor. (ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c) , upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(3)(A)(i) of this section; (B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class D felony; (C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class C felony; or (D) Two hundred grams (200g) or more but less than four hundred grams (400g) upon conviction is guilty of a Class B felony; (4) A Schedule IV or Schedule V controlled substance with an aggregate weight, including an adulterant or diluent, of: (A) (i) Less than twenty-eight grams (28g) upon conviction is guilty of a Class A misdemeanor. (ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c) , upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(4)(A)(i) of this section; (B) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class D felony; (C) Two hundred grams (200g) or more but less than four hundred grams (400g) upon conviction is guilty of a Class C felony; or (D) Four hundred grams (400g) or more but less than eight hundred grams (800g) upon conviction is guilty of a Class B felony; or (5) A Schedule VI controlled substance with an aggregate weight, including an adulterant or diluent, of: (A) Less than four ounces (4 oz.) upon conviction is guilty of a Class A misdemeanor; (B) One ounce (1 oz.) or more but less than four ounces (4 oz.) and the person has four (4) previous convictions under this section or the former § 5-64-401(c) upon conviction is guilty of a Class D felony; (C) Four ounces (4 oz.) or more but less than ten pounds (10 lbs.) upon conviction is guilty of a Class D felony; (D) Ten pounds (10 lbs.) or more but less than twenty-five pounds (25 lbs.) upon conviction is guilty of a Class C felony; (E) Twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) upon conviction is guilty of a Class B felony; or (F) One hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) upon conviction is guilty of a Class A felony. (c) If a person possesses a controlled substance in violation of this section while the person is an inmate in a state criminal detention facility, county criminal detention facility, city criminal detention facility, or juvenile detention facility, the penalty for the offense is increased to the next higher classification as prescribed by law for the offense. Amended by Act 2021, No. 887,§ 2, eff. 7/28/2021. Amended by Act 2013, No. 529,§ 1, eff. 8/16/2013. Acts 2011, No. 570, § 44.

(a) Except as provided by this chapter, it is unlawful for a person to possess a controlled substance.

(b) A person who violates this section with respect to: (1) A Schedule I or Schedule II controlled substance that is methamphetamine, heroin, or cocaine with an aggregate weight, including an adulterant or diluent, of: (A) Less than two grams (2g) upon conviction is guilty of a Class D felony; (B) Two grams (2g) or more but less than ten grams (10g) upon conviction is guilty of a Class C felony; or (C) Ten grams (10g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony; (2) A Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine with an aggregate weight, including an adulterant or diluent, of: (A) Less than two grams (2g) upon conviction is guilty of a Class D felony; (B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class C felony; or (C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony; (3) A Schedule III controlled substance with an aggregate weight, including an adulterant or diluent, of: (A) (i) Less than two grams (2g) upon conviction is guilty of a Class A misdemeanor. (ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c) , upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(3)(A)(i) of this section; (B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class D felony; (C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class C felony; or (D) Two hundred grams (200g) or more but less than four hundred grams (400g) upon conviction is guilty of a Class B felony; (4) A Schedule IV or Schedule V controlled substance with an aggregate weight, including an adulterant or diluent, of: (A) (i) Less than twenty-eight grams (28g) upon conviction is guilty of a Class A misdemeanor. (ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c) , upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(4)(A)(i) of this section; (B) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class D felony; (C) Two hundred grams (200g) or more but less than four hundred grams (400g) upon conviction is guilty of a Class C felony; or (D) Four hundred grams (400g) or more but less than eight hundred grams (800g) upon conviction is guilty of a Class B felony; or (5) A Schedule VI controlled substance with an aggregate weight, including an adulterant or diluent, of: (A) Less than four ounces (4 oz.) upon conviction is guilty of a Class A misdemeanor; (B) One ounce (1 oz.) or more but less than four ounces (4 oz.) and the person has four (4) previous convictions under this section or the former § 5-64-401(c) upon conviction is guilty of a Class D felony; (C) Four ounces (4 oz.) or more but less than ten pounds (10 lbs.) upon conviction is guilty of a Class D felony; (D) Ten pounds (10 lbs.) or more but less than twenty-five pounds (25 lbs.) upon conviction is guilty of a Class C felony; (E) Twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) upon conviction is guilty of a Class B felony; or (F) One hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) upon conviction is guilty of a Class A felony.

(1) A Schedule I or Schedule II controlled substance that is methamphetamine, heroin, or cocaine with an aggregate weight, including an adulterant or diluent, of: (A) Less than two grams (2g) upon conviction is guilty of a Class D felony; (B) Two grams (2g) or more but less than ten grams (10g) upon conviction is guilty of a Class C felony; or (C) Ten grams (10g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony;

(A) Less than two grams (2g) upon conviction is guilty of a Class D felony;

(B) Two grams (2g) or more but less than ten grams (10g) upon conviction is guilty of a Class C felony; or

(C) Ten grams (10g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony;

(2) A Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine with an aggregate weight, including an adulterant or diluent, of: (A) Less than two grams (2g) upon conviction is guilty of a Class D felony; (B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class C felony; or (C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony;

(A) Less than two grams (2g) upon conviction is guilty of a Class D felony;

(B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class C felony; or

(C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony;

(3) A Schedule III controlled substance with an aggregate weight, including an adulterant or diluent, of: (A) (i) Less than two grams (2g) upon conviction is guilty of a Class A misdemeanor. (ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c) , upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(3)(A)(i) of this section; (B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class D felony; (C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class C felony; or (D) Two hundred grams (200g) or more but less than four hundred grams (400g) upon conviction is guilty of a Class B felony;

(A) (i) Less than two grams (2g) upon conviction is guilty of a Class A misdemeanor. (ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c) , upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(3)(A)(i) of this section;

(i) Less than two grams (2g) upon conviction is guilty of a Class A misdemeanor.

(ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c) , upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(3)(A)(i) of this section;

(B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class D felony;

(C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class C felony; or

(D) Two hundred grams (200g) or more but less than four hundred grams (400g) upon conviction is guilty of a Class B felony;

(4) A Schedule IV or Schedule V controlled substance with an aggregate weight, including an adulterant or diluent, of: (A) (i) Less than twenty-eight grams (28g) upon conviction is guilty of a Class A misdemeanor. (ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c) , upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(4)(A)(i) of this section; (B) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class D felony; (C) Two hundred grams (200g) or more but less than four hundred grams (400g) upon conviction is guilty of a Class C felony; or (D) Four hundred grams (400g) or more but less than eight hundred grams (800g) upon conviction is guilty of a Class B felony; or

(A) (i) Less than twenty-eight grams (28g) upon conviction is guilty of a Class A misdemeanor. (ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c) , upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(4)(A)(i) of this section;

(i) Less than twenty-eight grams (28g) upon conviction is guilty of a Class A misdemeanor.

(ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c) , upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(4)(A)(i) of this section;

(B) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class D felony;

(C) Two hundred grams (200g) or more but less than four hundred grams (400g) upon conviction is guilty of a Class C felony; or

(D) Four hundred grams (400g) or more but less than eight hundred grams (800g) upon conviction is guilty of a Class B felony; or

(5) A Schedule VI controlled substance with an aggregate weight, including an adulterant or diluent, of: (A) Less than four ounces (4 oz.) upon conviction is guilty of a Class A misdemeanor; (B) One ounce (1 oz.) or more but less than four ounces (4 oz.) and the person has four (4) previous convictions under this section or the former § 5-64-401(c) upon conviction is guilty of a Class D felony; (C) Four ounces (4 oz.) or more but less than ten pounds (10 lbs.) upon conviction is guilty of a Class D felony; (D) Ten pounds (10 lbs.) or more but less than twenty-five pounds (25 lbs.) upon conviction is guilty of a Class C felony; (E) Twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) upon conviction is guilty of a Class B felony; or (F) One hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) upon conviction is guilty of a Class A felony.

(A) Less than four ounces (4 oz.) upon conviction is guilty of a Class A misdemeanor;

(B) One ounce (1 oz.) or more but less than four ounces (4 oz.) and the person has four (4) previous convictions under this section or the former § 5-64-401(c) upon conviction is guilty of a Class D felony;

(C) Four ounces (4 oz.) or more but less than ten pounds (10 lbs.) upon conviction is guilty of a Class D felony;

(D) Ten pounds (10 lbs.) or more but less than twenty-five pounds (25 lbs.) upon conviction is guilty of a Class C felony;

(E) Twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) upon conviction is guilty of a Class B felony; or

(F) One hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) upon conviction is guilty of a Class A felony.

(c) If a person possesses a controlled substance in violation of this section while the person is an inmate in a state criminal detention facility, county criminal detention facility, city criminal detention facility, or juvenile detention facility, the penalty for the offense is increased to the next higher classification as prescribed by law for the offense.

Amended by Act 2021, No. 887,§ 2, eff. 7/28/2021.

Amended by Act 2013, No. 529,§ 1, eff. 8/16/2013.

Acts 2011, No. 570, § 44.
Ark. Code Ann. § 5-64-802 — AR Code / Title 5 / Chapter 64 / Subchapter 8 / Section 5-64-802
Illegal drug paraphernalia business
Status: in_force

(a) Any person who conducts, finances, manages, supervises, directs, or owns any part of an illegal drug paraphernalia business is guilty of a: (1) Class A misdemeanor for the first offense; (2) Class D felony for the second offense; and (3) Class C felony for third and subsequent offenses. (b) A person violates subsection (a) of this section if he or she: (1) Conducts, finances, manages, supervises, directs, or owns any part of a business that, in the regular course of business or as a continuing course of conduct, manufactures, sells, stores, possesses, gives away, or furnishes an object designed to be primarily useful as a drug device; and (2) Knows or has reason to know that the design of the object renders it primarily useful as a drug device. Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.

(a) Any person who conducts, finances, manages, supervises, directs, or owns any part of an illegal drug paraphernalia business is guilty of a: (1) Class A misdemeanor for the first offense; (2) Class D felony for the second offense; and (3) Class C felony for third and subsequent offenses.

(1) Class A misdemeanor for the first offense;

(2) Class D felony for the second offense; and

(3) Class C felony for third and subsequent offenses.

(b) A person violates subsection (a) of this section if he or she: (1) Conducts, finances, manages, supervises, directs, or owns any part of a business that, in the regular course of business or as a continuing course of conduct, manufactures, sells, stores, possesses, gives away, or furnishes an object designed to be primarily useful as a drug device; and (2) Knows or has reason to know that the design of the object renders it primarily useful as a drug device.

(1) Conducts, finances, manages, supervises, directs, or owns any part of a business that, in the regular course of business or as a continuing course of conduct, manufactures, sells, stores, possesses, gives away, or furnishes an object designed to be primarily useful as a drug device; and

(2) Knows or has reason to know that the design of the object renders it primarily useful as a drug device.

Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.
Ark. Code Ann. § 5-71-214 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-214
Obstructing a highway or other public passage
Status: in_force

(a) A person commits the offense of obstructing a highway or other public passage if, having no legal privilege to do so and acting alone or with another person, he or she renders any highway or other public passage impassable to pedestrian or vehicular traffic. (b) It is a defense to a prosecution under this section that: (1) The highway or other public passage was rendered impassable solely because of a gathering of persons to hear the defendant speak or otherwise communicate; (2) The defendant was a member of a gathering contemplated by subdivision (b)(1) of this section; or (3) The highway or public passage obstructed has not been established as a city street, county road, or state or federal highway under the laws of this state and no civil court has established a right of passage by prescription for the highway or public passage. (c) Obstructing a highway or other public passage is a Class A misdemeanor. Amended by Act 2021, No. 1014,§ 10, eff. 7/28/2021. Acts 1975, No. 280, § 2915; A.S.A. 1947, § 41-2915; Acts 1999, No. 1105, § 1.

(a) A person commits the offense of obstructing a highway or other public passage if, having no legal privilege to do so and acting alone or with another person, he or she renders any highway or other public passage impassable to pedestrian or vehicular traffic.

(b) It is a defense to a prosecution under this section that: (1) The highway or other public passage was rendered impassable solely because of a gathering of persons to hear the defendant speak or otherwise communicate; (2) The defendant was a member of a gathering contemplated by subdivision (b)(1) of this section; or (3) The highway or public passage obstructed has not been established as a city street, county road, or state or federal highway under the laws of this state and no civil court has established a right of passage by prescription for the highway or public passage.

(1) The highway or other public passage was rendered impassable solely because of a gathering of persons to hear the defendant speak or otherwise communicate;

(2) The defendant was a member of a gathering contemplated by subdivision (b)(1) of this section; or

(3) The highway or public passage obstructed has not been established as a city street, county road, or state or federal highway under the laws of this state and no civil court has established a right of passage by prescription for the highway or public passage.

(c) Obstructing a highway or other public passage is a Class A misdemeanor.

Amended by Act 2021, No. 1014,§ 10, eff. 7/28/2021.

Acts 1975, No. 280, § 2915; A.S.A. 1947, § 41-2915; Acts 1999, No. 1105, § 1.
Ark. Code Ann. § 5-2-206 — AR Code / Title 5 / Chapter 2 / Subchapter 2 / Section 5-2-206
Ignorance or mistake
Status: in_force

(a) It is a defense to a prosecution that the actor engaged in the conduct charged to constitute the offense under a mistaken belief of fact if: (1) The statute defining the offense or a statute relating to the offense expressly provides that a mistaken belief of fact constitutes a defense; or (2) Mistaken belief of fact establishes a defense of justification provided by § 5-2-601 et seq. (b) Except as provided by subsection (c) of this section, a person is not relieved of criminal liability for conduct because he or she engages in that conduct believing that the conduct does not as a matter of law constitute an offense. (c) It is an affirmative defense to a prosecution that the actor engaged in the conduct charged to constitute the offense believing that the conduct did not as a matter of law constitute an offense, if the actor acted in reasonable reliance upon an official statement of the law contained in: (1) A statute or other enactment afterward determined to be invalid or erroneous; (2) The latest judicial decision of the highest state or federal court that has decided the matter; or (3) An official interpretation of a public servant or agency charged by law with responsibility for the interpretation or administration of the law defining the offense. (d) (1) Although ignorance or mistake of fact would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as he or she supposed. (2) However, in a case described by subdivision (d)(1) of this section, the ignorance or mistake of fact of the defendant reduces the class or degree of the offense of which he or she may be convicted to that of the offense of which the defendant would be guilty had the situation been as he or she supposed. (e) A mistake of law other than as to the existence or meaning of the statute under which the defendant is prosecuted is relevant to disprove the specific culpable mental state required by the statute under which the defendant is prosecuted. Acts 1975, No. 280, § 206; A.S.A. 1947, § 41-206.

(a) It is a defense to a prosecution that the actor engaged in the conduct charged to constitute the offense under a mistaken belief of fact if: (1) The statute defining the offense or a statute relating to the offense expressly provides that a mistaken belief of fact constitutes a defense; or (2) Mistaken belief of fact establishes a defense of justification provided by § 5-2-601 et seq.

(1) The statute defining the offense or a statute relating to the offense expressly provides that a mistaken belief of fact constitutes a defense; or

(2) Mistaken belief of fact establishes a defense of justification provided by § 5-2-601 et seq.

(b) Except as provided by subsection (c) of this section, a person is not relieved of criminal liability for conduct because he or she engages in that conduct believing that the conduct does not as a matter of law constitute an offense.

(c) It is an affirmative defense to a prosecution that the actor engaged in the conduct charged to constitute the offense believing that the conduct did not as a matter of law constitute an offense, if the actor acted in reasonable reliance upon an official statement of the law contained in: (1) A statute or other enactment afterward determined to be invalid or erroneous; (2) The latest judicial decision of the highest state or federal court that has decided the matter; or (3) An official interpretation of a public servant or agency charged by law with responsibility for the interpretation or administration of the law defining the offense.

(1) A statute or other enactment afterward determined to be invalid or erroneous;

(2) The latest judicial decision of the highest state or federal court that has decided the matter; or

(3) An official interpretation of a public servant or agency charged by law with responsibility for the interpretation or administration of the law defining the offense.

(d) (1) Although ignorance or mistake of fact would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as he or she supposed. (2) However, in a case described by subdivision (d)(1) of this section, the ignorance or mistake of fact of the defendant reduces the class or degree of the offense of which he or she may be convicted to that of the offense of which the defendant would be guilty had the situation been as he or she supposed.

(1) Although ignorance or mistake of fact would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as he or she supposed.

(2) However, in a case described by subdivision (d)(1) of this section, the ignorance or mistake of fact of the defendant reduces the class or degree of the offense of which he or she may be convicted to that of the offense of which the defendant would be guilty had the situation been as he or she supposed.

(e) A mistake of law other than as to the existence or meaning of the statute under which the defendant is prosecuted is relevant to disprove the specific culpable mental state required by the statute under which the defendant is prosecuted.

Acts 1975, No. 280, § 206; A.S.A. 1947, § 41-206.
Ark. Code Ann. § 5-4-307 — AR Code / Title 5 / Chapter 4 / Subchapter 3 / Section 5-4-307
Time period - Calculation
Status: in_force

(a) Except as provided in subsection (c) of this section, a period of suspension or probation commences to run when the circuit court pronounces the probationer's sentence in the courtroom or upon the entry of a sentencing order, whichever occurs first. (b) (1) Whether pronounced or entered at the same or a different time, multiple periods of suspension or probation run concurrently. (2) The period of a suspension or probation also runs concurrently with any federal or state term of imprisonment or parole to which a defendant is or becomes subject to during the period of the suspension or probation. (c) If a court sentences a defendant to a term of imprisonment and suspends imposition of sentence as to an additional term of imprisonment, the period of the suspension commences to run on the day the defendant is lawfully set at liberty from the imprisonment. Amended by Act 2019, No. 248,§ 1, eff. 7/24/2019. Acts 1975, No. 280, § 1206; A.S.A. 1947, § 41-1206.

(a) Except as provided in subsection (c) of this section, a period of suspension or probation commences to run when the circuit court pronounces the probationer's sentence in the courtroom or upon the entry of a sentencing order, whichever occurs first.

(b) (1) Whether pronounced or entered at the same or a different time, multiple periods of suspension or probation run concurrently. (2) The period of a suspension or probation also runs concurrently with any federal or state term of imprisonment or parole to which a defendant is or becomes subject to during the period of the suspension or probation.

(1) Whether pronounced or entered at the same or a different time, multiple periods of suspension or probation run concurrently.

(2) The period of a suspension or probation also runs concurrently with any federal or state term of imprisonment or parole to which a defendant is or becomes subject to during the period of the suspension or probation.

(c) If a court sentences a defendant to a term of imprisonment and suspends imposition of sentence as to an additional term of imprisonment, the period of the suspension commences to run on the day the defendant is lawfully set at liberty from the imprisonment.

Amended by Act 2019, No. 248,§ 1, eff. 7/24/2019.

Acts 1975, No. 280, § 1206; A.S.A. 1947, § 41-1206.
Ark. Code Ann. § 5-11-104 — AR Code / Title 5 / Chapter 11 / Section 5-11-104
False imprisonment in the second degree
Status: in_force

(a) A person commits the offense of false imprisonment in the second degree if, without consent and without lawful authority, the person knowingly restrains another person so as to interfere substantially with the other person's liberty. (b) False imprisonment in the second degree is a Class A misdemeanor. Acts 1975, No. 280, § 1704; A.S.A. 1947, § 41-1704.

(a) A person commits the offense of false imprisonment in the second degree if, without consent and without lawful authority, the person knowingly restrains another person so as to interfere substantially with the other person's liberty.

(b) False imprisonment in the second degree is a Class A misdemeanor.

Acts 1975, No. 280, § 1704; A.S.A. 1947, § 41-1704.
Ark. Code Ann. § 5-28-108 — AR Code / Title 5 / Chapter 28 / Subchapter 1 / Section 5-28-108
Special deputy prosecutor
Status: in_force

(a) An attorney employed in the office of the Attorney General may be designated by a prosecuting attorney having criminal jurisdiction in a matter as a special deputy prosecutor for the purpose of prosecuting in a court of competent jurisdiction an action brought under this chapter or another action for the physical or mental abuse or exploitation of a long-term care facility resident. (b) (1) As a special deputy prosecutor, an attorney designated under subsection (a) of this section may issue a subpoena and administer an oath as provided in § 25-16-705 . (2) The subpoena shall be substantially in the form set forth in § 25-16-705(b) . (c) A special deputy prosecutor appointed and functioning as authorized under this section is entitled to the same immunity granted by law to the prosecuting attorney. (d) (1) Appointment as a special deputy prosecutor does not enable an attorney designated under subsection (a) of this section to receive any additional fee or salary from the state for a service provided pursuant to the appointment. (2) Any expense of the special deputy prosecutor and any fees and costs incurred by the special deputy prosecutor in the prosecution of a case as provided in this section is the responsibility of the Attorney General. (e) The prosecuting attorney may revoke the appointment of a special deputy prosecutor at any time. Acts 1995, No. 894, § 1.

(a) An attorney employed in the office of the Attorney General may be designated by a prosecuting attorney having criminal jurisdiction in a matter as a special deputy prosecutor for the purpose of prosecuting in a court of competent jurisdiction an action brought under this chapter or another action for the physical or mental abuse or exploitation of a long-term care facility resident.

(b) (1) As a special deputy prosecutor, an attorney designated under subsection (a) of this section may issue a subpoena and administer an oath as provided in § 25-16-705 . (2) The subpoena shall be substantially in the form set forth in § 25-16-705(b) .

(1) As a special deputy prosecutor, an attorney designated under subsection (a) of this section may issue a subpoena and administer an oath as provided in § 25-16-705 .

(2) The subpoena shall be substantially in the form set forth in § 25-16-705(b) .

(c) A special deputy prosecutor appointed and functioning as authorized under this section is entitled to the same immunity granted by law to the prosecuting attorney.

(d) (1) Appointment as a special deputy prosecutor does not enable an attorney designated under subsection (a) of this section to receive any additional fee or salary from the state for a service provided pursuant to the appointment. (2) Any expense of the special deputy prosecutor and any fees and costs incurred by the special deputy prosecutor in the prosecution of a case as provided in this section is the responsibility of the Attorney General.

(1) Appointment as a special deputy prosecutor does not enable an attorney designated under subsection (a) of this section to receive any additional fee or salary from the state for a service provided pursuant to the appointment.

(2) Any expense of the special deputy prosecutor and any fees and costs incurred by the special deputy prosecutor in the prosecution of a case as provided in this section is the responsibility of the Attorney General.

(e) The prosecuting attorney may revoke the appointment of a special deputy prosecutor at any time.

Acts 1995, No. 894, § 1.
Ark. Code Ann. § 5-10-206 — AR Code / Title 5 / Chapter 10 / Subchapter 2 / Section 5-10-206
Exemptions
Status: in_force

The following are not offenses under this subchapter: (1) An individual practitioner acting in the usual course of professional practice issuing a valid prescription for a controlled substance for a legitimate medical purpose; (2) A pharmacy, pharmacist, or an individual practitioner dispensing, delivering, or administering a controlled substance pursuant to a prescription; (3) A permitted manufacturer, wholesaler, pharmacy, hospital, long-term care facility, or other medical provider delivering, prescribing, administering, or transferring a controlled substance available by prescription for lawful purposes and in compliance with state and federal law; and (4) A pharmaceutical company manufacturing a controlled substance available by prescription in compliance with state and federal law. Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.

The following are not offenses under this subchapter:

(1) An individual practitioner acting in the usual course of professional practice issuing a valid prescription for a controlled substance for a legitimate medical purpose;

(2) A pharmacy, pharmacist, or an individual practitioner dispensing, delivering, or administering a controlled substance pursuant to a prescription;

(3) A permitted manufacturer, wholesaler, pharmacy, hospital, long-term care facility, or other medical provider delivering, prescribing, administering, or transferring a controlled substance available by prescription for lawful purposes and in compliance with state and federal law; and

(4) A pharmaceutical company manufacturing a controlled substance available by prescription in compliance with state and federal law.

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

(a) An offense is a violation if the offense is designated a violation by: (1) The Arkansas Criminal Code; or (2) A statute not a part of the Arkansas Criminal Code. (b) Regardless of any designation appearing in the statute defining an offense, an offense is a violation for purposes of the Arkansas Criminal Code if the statute defining the offense provides that no sentence other than a fine, fine or forfeiture, or civil penalty is authorized upon conviction. Acts 1975, No. 280, § 114; A.S.A. 1947, § 41-114.

(a) An offense is a violation if the offense is designated a violation by: (1) The Arkansas Criminal Code; or (2) A statute not a part of the Arkansas Criminal Code.

(1) The Arkansas Criminal Code; or

(2) A statute not a part of the Arkansas Criminal Code.

(b) Regardless of any designation appearing in the statute defining an offense, an offense is a violation for purposes of the Arkansas Criminal Code if the statute defining the offense provides that no sentence other than a fine, fine or forfeiture, or civil penalty is authorized upon conviction.

Acts 1975, No. 280, § 114; A.S.A. 1947, § 41-114.
Ark. Code Ann. § 5-26-301 — AR Code / Title 5 / Chapter 26 / Subchapter 3 / Section 5-26-301
Legislative intent
Status: in_force

To the extent that any protected class of persons defined under this subchapter is afforded protection by any other existing or future statute of this state, this subchapter does not prevent a prosecution under any such existing or future statute. Acts 1995, No. 1291, § 8.

To the extent that any protected class of persons defined under this subchapter is afforded protection by any other existing or future statute of this state, this subchapter does not prevent a prosecution under any such existing or future statute.

Acts 1995, No. 1291, § 8.
Ark. Code Ann. § 5-37-207 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-207
Fraudulent use of a credit card or debit card
Status: in_force

(a) A person commits the offense of fraudulent use of a credit card or debit card, if with purpose to defraud, he or she uses a credit card, credit card account number, debit card, or debit card account number to obtain property or a service with knowledge that: (1) The credit card, credit card account number, debit card, or debit card account number is stolen; (2) The credit card, credit card account number, debit card, or debit card account number has been revoked or cancelled; (3) The credit card, credit card account number, debit card, or debit card account number is forged; or (4) For any other reason his or her use of the credit card, credit card account number, debit card, or debit card account number is unauthorized by either the issuer or the person to whom the credit card or debit card is issued. (b) Fraudulent use of a credit card or debit card is a: (1) Class B felony if the value of all moneys, goods, or services obtained during any six-month period is twenty five thousand dollars ($25,000) or more; (2) Class C felony if the value of all moneys, goods, or services obtained during any six-month period is less than twenty five thousand dollars ($25,000) but more than five thousand dollars ($5,000); (3) Class D felony if the value of all moneys, goods, or services obtained during any six-month period is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); or (4) Class A misdemeanor if the value of all moneys, goods, or services obtained during any six-month period is one thousand dollars ($1,000) or less. Acts 1975, No. 280, § 2308; A.S.A. 1947, § 41-2308; Acts 1997, No. 516, § 4; 2001, No. 1142, § 1; 2011, No. 570, § 27.

(a) A person commits the offense of fraudulent use of a credit card or debit card, if with purpose to defraud, he or she uses a credit card, credit card account number, debit card, or debit card account number to obtain property or a service with knowledge that: (1) The credit card, credit card account number, debit card, or debit card account number is stolen; (2) The credit card, credit card account number, debit card, or debit card account number has been revoked or cancelled; (3) The credit card, credit card account number, debit card, or debit card account number is forged; or (4) For any other reason his or her use of the credit card, credit card account number, debit card, or debit card account number is unauthorized by either the issuer or the person to whom the credit card or debit card is issued.

(1) The credit card, credit card account number, debit card, or debit card account number is stolen;

(2) The credit card, credit card account number, debit card, or debit card account number has been revoked or cancelled;

(3) The credit card, credit card account number, debit card, or debit card account number is forged; or

(4) For any other reason his or her use of the credit card, credit card account number, debit card, or debit card account number is unauthorized by either the issuer or the person to whom the credit card or debit card is issued.

(b) Fraudulent use of a credit card or debit card is a: (1) Class B felony if the value of all moneys, goods, or services obtained during any six-month period is twenty five thousand dollars ($25,000) or more; (2) Class C felony if the value of all moneys, goods, or services obtained during any six-month period is less than twenty five thousand dollars ($25,000) but more than five thousand dollars ($5,000); (3) Class D felony if the value of all moneys, goods, or services obtained during any six-month period is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); or (4) Class A misdemeanor if the value of all moneys, goods, or services obtained during any six-month period is one thousand dollars ($1,000) or less.

(1) Class B felony if the value of all moneys, goods, or services obtained during any six-month period is twenty five thousand dollars ($25,000) or more;

(2) Class C felony if the value of all moneys, goods, or services obtained during any six-month period is less than twenty five thousand dollars ($25,000) but more than five thousand dollars ($5,000);

(3) Class D felony if the value of all moneys, goods, or services obtained during any six-month period is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); or

(4) Class A misdemeanor if the value of all moneys, goods, or services obtained during any six-month period is one thousand dollars ($1,000) or less.

Acts 1975, No. 280, § 2308; A.S.A. 1947, § 41-2308; Acts 1997, No. 516, § 4; 2001, No. 1142, § 1; 2011, No. 570, § 27.
Ark. Code Ann. § 5-1-114 — AR Code / Title 5 / Chapter 1 / Section 5-1-114
Affirmative defense - Former prosecution in another jurisdiction
Status: in_force

When conduct constitutes an offense within the concurrent jurisdiction of this state and of the United States or another state or territory of the United States, a prosecution in any such other jurisdiction is an affirmative defense to a subsequent prosecution in this state under the following circumstances: (1) The first prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112 , and the subsequent prosecution is based on the same conduct unless: (A) The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or (B) The second offense was not consummated when the former trial began; or (2) The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and that required a determination inconsistent with a fact that must be established for the conviction of the offense for which the defendant is subsequently prosecuted. Acts 1975, No. 280, § 108; A.S.A. 1947, § 41-108.

When conduct constitutes an offense within the concurrent jurisdiction of this state and of the United States or another state or territory of the United States, a prosecution in any such other jurisdiction is an affirmative defense to a subsequent prosecution in this state under the following circumstances:

(1) The first prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112 , and the subsequent prosecution is based on the same conduct unless: (A) The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or (B) The second offense was not consummated when the former trial began; or

(A) The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or

(B) The second offense was not consummated when the former trial began; or

(2) The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and that required a determination inconsistent with a fact that must be established for the conviction of the offense for which the defendant is subsequently prosecuted.

Acts 1975, No. 280, § 108; A.S.A. 1947, § 41-108.
Ark. Code Ann. § 5-53-105 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-105
Perjury or false swearing - Oath
Status: in_force

It is no defense to a prosecution under §§ 5-53-102 and 5-53-103 that: (1) The oath was administered or taken in an irregular manner; or (2) The person administering the oath lacked authority to administer the oath if the taking of the oath was required by law. Acts 1975, No. 280, § 2607; A.S.A. 1947, § 41-2607.

It is no defense to a prosecution under §§ 5-53-102 and 5-53-103 that:

(1) The oath was administered or taken in an irregular manner; or

(2) The person administering the oath lacked authority to administer the oath if the taking of the oath was required by law.

Acts 1975, No. 280, § 2607; A.S.A. 1947, § 41-2607.
Ark. Code Ann. § 5-38-207 — AR Code / Title 5 / Chapter 38 / Subchapter 2 / Section 5-38-207
Destruction or removal of a cemetery or grave marker
Status: in_force

(a) It is unlawful for any person, corporation, company, or other entity to destroy or carry away any cemetery marker or grave marker. (b) Destruction or removal of a cemetery marker or grave marker is a Class C felony. Acts 1997, No. 1244, § 1; 2005, No. 1994, § 327; 2005, No. 2232, § 3; 2007, No. 265, § 1; 2009, No. 748, § 24.

(a) It is unlawful for any person, corporation, company, or other entity to destroy or carry away any cemetery marker or grave marker.

(b) Destruction or removal of a cemetery marker or grave marker is a Class C felony.

Acts 1997, No. 1244, § 1; 2005, No. 1994, § 327; 2005, No. 2232, § 3; 2007, No. 265, § 1; 2009, No. 748, § 24.
Ark. Code Ann. § 5-65-310 — AR Code / Title 5 / Chapter 65 / Subchapter 3 / Section 5-65-310
Refusal to submit to a chemical test
Status: in_force

(a) (1) If an underage person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement agency as provided for in § 5-65-309 : (A) A chemical test shall not be given; (B) The underage person's driver's license, driver's permit, or other evidence of driving privilege shall be seized by the law enforcement officer; and (C) The law enforcement officer shall immediately deliver to the underage person from whom the driver's license, driver's permit, or other evidence of driving privilege was seized a temporary driving permit, as provided by § 5-65-402 . (2) Refusal to submit to a chemical test under this subsection is a strict liability offense and is a violation. (b) (1) The Office of Driver Services shall suspend or revoke the driving privileges of an arrested underage person who refuses to submit to a chemical test under this subchapter as follows: (A) Suspension for ninety (90) days for a first offense; (B) Suspension for one (1) year for a second offense; and (C) Revocation for a third or subsequent offense. (2) A revocation issued under this subsection continues until the underage person reaches twenty-one (21) years of age or for a period of three (3) years, whichever is longer. (c) In order to determine the number of previous offenses to consider when suspending or revoking the arrested underage person's driving privileges, the office shall consider as a previous offense: (1) A conviction for violating § 5-65-310 ; and (2) A suspension or revocation of driving privileges for an arrest for a violation of § 5-65-310 when the person was not subsequently acquitted of the criminal charge. (d) The office shall deny the issuance of a license or permit to operate a motor vehicle to an underage person who is a resident and who violates this section but who does not have a license or permit to operate a motor vehicle, in addition to any other penalty under this section, for the following periods of time: (1) Six (6) months for a first offense; and (2) One (1) year for a second or subsequent offense. (e) When an underage nonresident's driving privilege to operate a motor vehicle in this state has been suspended under this section, the office shall notify the entity of issuance of that underage person's nonresident motor vehicle driving privilege of action taken by the office. (f) (1) (A) A driving privilege that is suspended under this section may be reinstated by the office upon payment of twenty-five dollars ($25.00) for each occurrence of an offense that resulted in an order of administrative suspension under § 5-65-310 . (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 , § 5-65-304 , § 27-16-508 , or § 27-16-808 . Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015. Acts 1993, No. 863, § 10; 1999, No. 1077, § 20; 2005, No. 1992, § 5; 2007, No. 712, § 4; 2009, No. 633, § 5.

(a) (1) If an underage person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement agency as provided for in § 5-65-309 : (A) A chemical test shall not be given; (B) The underage person's driver's license, driver's permit, or other evidence of driving privilege shall be seized by the law enforcement officer; and (C) The law enforcement officer shall immediately deliver to the underage person from whom the driver's license, driver's permit, or other evidence of driving privilege was seized a temporary driving permit, as provided by § 5-65-402 . (2) Refusal to submit to a chemical test under this subsection is a strict liability offense and is a violation.

(1) If an underage person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement agency as provided for in § 5-65-309 : (A) A chemical test shall not be given; (B) The underage person's driver's license, driver's permit, or other evidence of driving privilege shall be seized by the law enforcement officer; and (C) The law enforcement officer shall immediately deliver to the underage person from whom the driver's license, driver's permit, or other evidence of driving privilege was seized a temporary driving permit, as provided by § 5-65-402 .

(A) A chemical test shall not be given;

(B) The underage person's driver's license, driver's permit, or other evidence of driving privilege shall be seized by the law enforcement officer; and

(C) The law enforcement officer shall immediately deliver to the underage person from whom the driver's license, driver's permit, or other evidence of driving privilege was seized a temporary driving permit, as provided by § 5-65-402 .

(2) Refusal to submit to a chemical test under this subsection is a strict liability offense and is a violation.

(b) (1) The Office of Driver Services shall suspend or revoke the driving privileges of an arrested underage person who refuses to submit to a chemical test under this subchapter as follows: (A) Suspension for ninety (90) days for a first offense; (B) Suspension for one (1) year for a second offense; and (C) Revocation for a third or subsequent offense. (2) A revocation issued under this subsection continues until the underage person reaches twenty-one (21) years of age or for a period of three (3) years, whichever is longer.

(1) The Office of Driver Services shall suspend or revoke the driving privileges of an arrested underage person who refuses to submit to a chemical test under this subchapter as follows: (A) Suspension for ninety (90) days for a first offense; (B) Suspension for one (1) year for a second offense; and (C) Revocation for a third or subsequent offense.

(A) Suspension for ninety (90) days for a first offense;

(B) Suspension for one (1) year for a second offense; and

(C) Revocation for a third or subsequent offense.

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

(c) In order to determine the number of previous offenses to consider when suspending or revoking the arrested underage person's driving privileges, the office shall consider as a previous offense: (1) A conviction for violating § 5-65-310 ; and (2) A suspension or revocation of driving privileges for an arrest for a violation of § 5-65-310 when the person was not subsequently acquitted of the criminal charge.

(1) A conviction for violating § 5-65-310 ; and

(2) A suspension or revocation of driving privileges for an arrest for a violation of § 5-65-310 when the person was not subsequently acquitted of the criminal charge.

(d) The office shall deny the issuance of a license or permit to operate a motor vehicle to an underage person who is a resident and who violates this section but who does not have a license or permit to operate a motor vehicle, in addition to any other penalty under this section, for the following periods of time: (1) Six (6) months for a first offense; and (2) One (1) year for a second or subsequent offense.

(1) Six (6) months for a first offense; and

(2) One (1) year for a second or subsequent offense.

(e) When an underage nonresident's driving privilege to operate a motor vehicle in this state has been suspended under this section, the office shall notify the entity of issuance of that underage person's nonresident motor vehicle driving privilege of action taken by the office.

(f) (1) (A) A driving privilege that is suspended under this section may be reinstated by the office upon payment of twenty-five dollars ($25.00) for each occurrence of an offense that resulted in an order of administrative suspension under § 5-65-310 . (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 , § 5-65-304 , § 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 twenty-five dollars ($25.00) for each occurrence of an offense that resulted in an order of administrative suspension under § 5-65-310 . (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 twenty-five dollars ($25.00) for each occurrence of an offense that resulted in an order of administrative suspension under § 5-65-310 .

(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 , § 5-65-304 , § 27-16-508 , or § 27-16-808 .

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

Acts 1993, No. 863, § 10; 1999, No. 1077, § 20; 2005, No. 1992, § 5; 2007, No. 712, § 4; 2009, No. 633, § 5.
Ark. Code Ann. § 5-27-233 — AR Code / Title 5 / Chapter 27 / Subchapter 2 / Section 5-27-233
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1235,§ 33, eff. 5/1/2015. Amended by Act 2015, No. 1155,§ 6, eff. 7/22/2015. Added by Act 2013, No. 1451,§ 1, eff. 8/16/2013.

Repealed by Act 2015, No. 1235,§ 33, eff. 5/1/2015.

Amended by Act 2015, No. 1155,§ 6, eff. 7/22/2015.

Added by Act 2013, No. 1451,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-14-130 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-130
Registered offender - Incorrect permanent physical address on identification cards or driver's license prohibited
Status: in_force

(a) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., or required to register as a sex offender in any other state to knowingly: (1) Provide false information to obtain an identification card or a driver's license under Title 27 of this Arkansas Code that indicates an incorrect permanent physical address for his or her residence; or (2) Possess an identification card or a driver's license issued under Title 27 of this Arkansas Code that indicates an incorrect permanent physical address for his or her residence. (b) It is an affirmative defense to a violation of subdivision (a)(2) of this section if the sex offender has provided notice of a change of address as required by § 27-16-506 . (c) (1) A violation of subdivision (a)(1) of this section is a Class D felony. (2) A violation of subdivision (a)(2) of this section is a Class A misdemeanor. Acts 2007, No. 392, § 1.

(a) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., or required to register as a sex offender in any other state to knowingly: (1) Provide false information to obtain an identification card or a driver's license under Title 27 of this Arkansas Code that indicates an incorrect permanent physical address for his or her residence; or (2) Possess an identification card or a driver's license issued under Title 27 of this Arkansas Code that indicates an incorrect permanent physical address for his or her residence.

(1) Provide false information to obtain an identification card or a driver's license under Title 27 of this Arkansas Code that indicates an incorrect permanent physical address for his or her residence; or

(2) Possess an identification card or a driver's license issued under Title 27 of this Arkansas Code that indicates an incorrect permanent physical address for his or her residence.

(b) It is an affirmative defense to a violation of subdivision (a)(2) of this section if the sex offender has provided notice of a change of address as required by § 27-16-506 .

(c) (1) A violation of subdivision (a)(1) of this section is a Class D felony. (2) A violation of subdivision (a)(2) of this section is a Class A misdemeanor.

(1) A violation of subdivision (a)(1) of this section is a Class D felony.

(2) A violation of subdivision (a)(2) of this section is a Class A misdemeanor.

Acts 2007, No. 392, § 1.
Ark. Code Ann. § 5-64-440 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-440
Trafficking a controlled substance
Status: in_force

(a) Except as provided by this chapter, it is unlawful for a person to engage in trafficking a controlled substance. (b) A person engages in trafficking a controlled substance if he or she possesses, possesses with the purpose to deliver, delivers, or manufactures a controlled substance by aggregate weight, including an adulterant or diluent, in the following amounts: (1) Methamphetamine, heroin, or cocaine, two hundred grams (200g) or more; (2) Fentanyl, one gram (1g) or more; (3) Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine, two hundred grams (200g) or more; (4) Schedule III controlled substance, four hundred grams (400g) or more; (5) Schedule IV or Schedule V controlled substance, eight hundred grams (800g) or more; or (6) A Schedule VI controlled substance, five hundred pounds (500 lbs.) or more. (c) (1) Trafficking a controlled substance is a Class Y felony. (2) Trafficking of fentanyl is an unclassified felony with a sentence of imprisonment of not less than twenty-five (25) years nor more than sixty (60) years, or life, and a fine of one million dollars ($1,000,000). Amended by Act 2023, No. 584,§ 5, eff. 4/11/2023. Amended by Act 2021, No. 887,§ 7, eff. 7/28/2021. Amended by Act 2013, No. 529,§ 4, eff. 8/16/2013. Acts 2011, No. 570, § 60.

(a) Except as provided by this chapter, it is unlawful for a person to engage in trafficking a controlled substance.

(b) A person engages in trafficking a controlled substance if he or she possesses, possesses with the purpose to deliver, delivers, or manufactures a controlled substance by aggregate weight, including an adulterant or diluent, in the following amounts: (1) Methamphetamine, heroin, or cocaine, two hundred grams (200g) or more; (2) Fentanyl, one gram (1g) or more; (3) Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine, two hundred grams (200g) or more; (4) Schedule III controlled substance, four hundred grams (400g) or more; (5) Schedule IV or Schedule V controlled substance, eight hundred grams (800g) or more; or (6) A Schedule VI controlled substance, five hundred pounds (500 lbs.) or more.

(1) Methamphetamine, heroin, or cocaine, two hundred grams (200g) or more;

(2) Fentanyl, one gram (1g) or more;

(3) Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine, two hundred grams (200g) or more;

(4) Schedule III controlled substance, four hundred grams (400g) or more;

(5) Schedule IV or Schedule V controlled substance, eight hundred grams (800g) or more; or

(6) A Schedule VI controlled substance, five hundred pounds (500 lbs.) or more.

(c) (1) Trafficking a controlled substance is a Class Y felony. (2) Trafficking of fentanyl is an unclassified felony with a sentence of imprisonment of not less than twenty-five (25) years nor more than sixty (60) years, or life, and a fine of one million dollars ($1,000,000).

(1) Trafficking a controlled substance is a Class Y felony.

(2) Trafficking of fentanyl is an unclassified felony with a sentence of imprisonment of not less than twenty-five (25) years nor more than sixty (60) years, or life, and a fine of one million dollars ($1,000,000).

Amended by Act 2023, No. 584,§ 5, eff. 4/11/2023.

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

Amended by Act 2013, No. 529,§ 4, eff. 8/16/2013.

Acts 2011, No. 570, § 60.
Ark. Code Ann. § 5-53-110 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-110
Tampering
Status: in_force

(a) A person commits the offense of tampering if, believing that an official proceeding or investigation is pending or about to be instituted, he or she induces or attempts to induce another person to: (1) Testify or inform falsely; (2) Withhold any unprivileged testimony, information, document, or thing regardless of the admissibility under the rules of evidence of the testimony, information, document, or thing and notwithstanding the relevance or probative value of the testimony, information, document, or thing to an investigation; (3) Elude legal process summoning that person to testify or supply evidence, regardless of whether the legal process was lawfully issued; or (4) Absent himself or herself from any proceeding or investigation to which that person has been summoned. (b) (1) Tampering under subdivision (a)(1) of this section is a Class D felony. (2) Otherwise, tampering is a Class A misdemeanor. Amended by Act 2019, No. 1017,§ 3, eff. 7/24/2019. Acts 1975, No. 280, § 2610; A.S.A. 1947, § 41-2610; Acts 2007, No. 827, § 45.

(a) A person commits the offense of tampering if, believing that an official proceeding or investigation is pending or about to be instituted, he or she induces or attempts to induce another person to: (1) Testify or inform falsely; (2) Withhold any unprivileged testimony, information, document, or thing regardless of the admissibility under the rules of evidence of the testimony, information, document, or thing and notwithstanding the relevance or probative value of the testimony, information, document, or thing to an investigation; (3) Elude legal process summoning that person to testify or supply evidence, regardless of whether the legal process was lawfully issued; or (4) Absent himself or herself from any proceeding or investigation to which that person has been summoned.

(1) Testify or inform falsely;

(2) Withhold any unprivileged testimony, information, document, or thing regardless of the admissibility under the rules of evidence of the testimony, information, document, or thing and notwithstanding the relevance or probative value of the testimony, information, document, or thing to an investigation;

(3) Elude legal process summoning that person to testify or supply evidence, regardless of whether the legal process was lawfully issued; or

(4) Absent himself or herself from any proceeding or investigation to which that person has been summoned.

(b) (1) Tampering under subdivision (a)(1) of this section is a Class D felony. (2) Otherwise, tampering is a Class A misdemeanor.

(1) Tampering under subdivision (a)(1) of this section is a Class D felony.

(2) Otherwise, tampering is a Class A misdemeanor.

Amended by Act 2019, No. 1017,§ 3, eff. 7/24/2019.

Acts 1975, No. 280, § 2610; A.S.A. 1947, § 41-2610; Acts 2007, No. 827, § 45.
Ark. Code Ann. § 5-73-311 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-311
Application procedure
Status: in_force

(a) The applicant for a license to carry a concealed handgun shall submit the following to the Division of Arkansas State Police: (1) A completed application, as described in § 5-73-310 ; (2) A nonrefundable license fee of fifty dollars ($50.00), except that: (A) The nonrefundable license fee is twenty-five dollars ($25.00) if the applicant is sixty-five (65) years of age or older; and (B) (i) There is no license fee if the applicant is a United States Armed Forces veteran or is currently serving in the United States Armed Forces. (ii) An applicant shall submit a copy of his or her DD214 or similar document or valid military identification card to establish eligibility under subdivision (a)(2)(B)(i) of this section; (3) (A) A full set of fingerprints of the applicant. (B) In the event a legible set of fingerprints, as determined by the division and the Federal Bureau of Investigation, cannot be obtained after a minimum of two (2) attempts, the Director of the Division of Arkansas State Police shall determine eligibility in accordance with criteria that the division shall establish by promulgating rules. (C) Costs for processing the set of fingerprints as required in subdivision (a)(3)(A) of this section shall be borne by the applicant; (4) (A) A waiver authorizing the division access to any medical, criminal, or other records concerning the applicant and permitting access to all of the applicant's criminal records. (B) If a check of the applicant's criminal records uncovers any unresolved felony arrests over ten (10) years old, then the applicant shall obtain a letter of reference from the county sheriff, prosecuting attorney, or circuit judge of the county where the applicant resides that states that to the best of the county sheriff's, prosecuting attorney's, or circuit judge's knowledge that the applicant is of good character and free of any felony convictions. (C) The division shall maintain the confidentiality of the medical, criminal, or other records; and (5) A digital photograph of the applicant or a release authorization to obtain a digital photograph of the applicant from another source. (b) (1) Upon receipt of the items listed in subsection (a) of this section, the division shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing. (2) (A) The division shall forward a notice of the applicant's application to the sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence. (B) (i) The sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence may participate, at his or her discretion, in the process by submitting a voluntary report to the division containing any readily discoverable information that he or she feels may be pertinent to the licensing of any applicant. (ii) The reporting under subdivision (b)(2)(B)(i) of this section shall be made within thirty (30) days after the date the notice of the application was sent by the division. (c) A concealed handgun license issued, renewed, or obtained under § 5-73-314 or § 5-73-319 after December 31, 2007, shall bear a digital photograph of the licensee. Amended by Act 2021, No. 888,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 188,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 61,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5745, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5744, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5743, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5742, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5741, eff. 7/1/2019. Amended by Act 2013, No. 1271,§ 1, eff. 4/16/2013. Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 9; 1997, No. 1251, § 1; 1999, No. 487, § 1; 2007, No. 664, § 4; 2009, No. 748, § 42.

(a) The applicant for a license to carry a concealed handgun shall submit the following to the Division of Arkansas State Police: (1) A completed application, as described in § 5-73-310 ; (2) A nonrefundable license fee of fifty dollars ($50.00), except that: (A) The nonrefundable license fee is twenty-five dollars ($25.00) if the applicant is sixty-five (65) years of age or older; and (B) (i) There is no license fee if the applicant is a United States Armed Forces veteran or is currently serving in the United States Armed Forces. (ii) An applicant shall submit a copy of his or her DD214 or similar document or valid military identification card to establish eligibility under subdivision (a)(2)(B)(i) of this section; (3) (A) A full set of fingerprints of the applicant. (B) In the event a legible set of fingerprints, as determined by the division and the Federal Bureau of Investigation, cannot be obtained after a minimum of two (2) attempts, the Director of the Division of Arkansas State Police shall determine eligibility in accordance with criteria that the division shall establish by promulgating rules. (C) Costs for processing the set of fingerprints as required in subdivision (a)(3)(A) of this section shall be borne by the applicant; (4) (A) A waiver authorizing the division access to any medical, criminal, or other records concerning the applicant and permitting access to all of the applicant's criminal records. (B) If a check of the applicant's criminal records uncovers any unresolved felony arrests over ten (10) years old, then the applicant shall obtain a letter of reference from the county sheriff, prosecuting attorney, or circuit judge of the county where the applicant resides that states that to the best of the county sheriff's, prosecuting attorney's, or circuit judge's knowledge that the applicant is of good character and free of any felony convictions. (C) The division shall maintain the confidentiality of the medical, criminal, or other records; and (5) A digital photograph of the applicant or a release authorization to obtain a digital photograph of the applicant from another source.

(1) A completed application, as described in § 5-73-310 ;

(2) A nonrefundable license fee of fifty dollars ($50.00), except that: (A) The nonrefundable license fee is twenty-five dollars ($25.00) if the applicant is sixty-five (65) years of age or older; and (B) (i) There is no license fee if the applicant is a United States Armed Forces veteran or is currently serving in the United States Armed Forces. (ii) An applicant shall submit a copy of his or her DD214 or similar document or valid military identification card to establish eligibility under subdivision (a)(2)(B)(i) of this section;

(A) The nonrefundable license fee is twenty-five dollars ($25.00) if the applicant is sixty-five (65) years of age or older; and

(B) (i) There is no license fee if the applicant is a United States Armed Forces veteran or is currently serving in the United States Armed Forces. (ii) An applicant shall submit a copy of his or her DD214 or similar document or valid military identification card to establish eligibility under subdivision (a)(2)(B)(i) of this section;

(i) There is no license fee if the applicant is a United States Armed Forces veteran or is currently serving in the United States Armed Forces.

(ii) An applicant shall submit a copy of his or her DD214 or similar document or valid military identification card to establish eligibility under subdivision (a)(2)(B)(i) of this section;

(3) (A) A full set of fingerprints of the applicant. (B) In the event a legible set of fingerprints, as determined by the division and the Federal Bureau of Investigation, cannot be obtained after a minimum of two (2) attempts, the Director of the Division of Arkansas State Police shall determine eligibility in accordance with criteria that the division shall establish by promulgating rules. (C) Costs for processing the set of fingerprints as required in subdivision (a)(3)(A) of this section shall be borne by the applicant;

(A) A full set of fingerprints of the applicant.

(B) In the event a legible set of fingerprints, as determined by the division and the Federal Bureau of Investigation, cannot be obtained after a minimum of two (2) attempts, the Director of the Division of Arkansas State Police shall determine eligibility in accordance with criteria that the division shall establish by promulgating rules.

(C) Costs for processing the set of fingerprints as required in subdivision (a)(3)(A) of this section shall be borne by the applicant;

(4) (A) A waiver authorizing the division access to any medical, criminal, or other records concerning the applicant and permitting access to all of the applicant's criminal records. (B) If a check of the applicant's criminal records uncovers any unresolved felony arrests over ten (10) years old, then the applicant shall obtain a letter of reference from the county sheriff, prosecuting attorney, or circuit judge of the county where the applicant resides that states that to the best of the county sheriff's, prosecuting attorney's, or circuit judge's knowledge that the applicant is of good character and free of any felony convictions. (C) The division shall maintain the confidentiality of the medical, criminal, or other records; and

(A) A waiver authorizing the division access to any medical, criminal, or other records concerning the applicant and permitting access to all of the applicant's criminal records.

(B) If a check of the applicant's criminal records uncovers any unresolved felony arrests over ten (10) years old, then the applicant shall obtain a letter of reference from the county sheriff, prosecuting attorney, or circuit judge of the county where the applicant resides that states that to the best of the county sheriff's, prosecuting attorney's, or circuit judge's knowledge that the applicant is of good character and free of any felony convictions.

(C) The division shall maintain the confidentiality of the medical, criminal, or other records; and

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

(b) (1) Upon receipt of the items listed in subsection (a) of this section, the division shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing. (2) (A) The division shall forward a notice of the applicant's application to the sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence. (B) (i) The sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence may participate, at his or her discretion, in the process by submitting a voluntary report to the division containing any readily discoverable information that he or she feels may be pertinent to the licensing of any applicant. (ii) The reporting under subdivision (b)(2)(B)(i) of this section shall be made within thirty (30) days after the date the notice of the application was sent by the division.

(1) Upon receipt of the items listed in subsection (a) of this section, the division shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing.

(2) (A) The division shall forward a notice of the applicant's application to the sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence. (B) (i) The sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence may participate, at his or her discretion, in the process by submitting a voluntary report to the division containing any readily discoverable information that he or she feels may be pertinent to the licensing of any applicant. (ii) The reporting under subdivision (b)(2)(B)(i) of this section shall be made within thirty (30) days after the date the notice of the application was sent by the division.

(A) The division shall forward a notice of the applicant's application to the sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence.

(B) (i) The sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence may participate, at his or her discretion, in the process by submitting a voluntary report to the division containing any readily discoverable information that he or she feels may be pertinent to the licensing of any applicant. (ii) The reporting under subdivision (b)(2)(B)(i) of this section shall be made within thirty (30) days after the date the notice of the application was sent by the division.

(i) The sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence may participate, at his or her discretion, in the process by submitting a voluntary report to the division containing any readily discoverable information that he or she feels may be pertinent to the licensing of any applicant.

(ii) The reporting under subdivision (b)(2)(B)(i) of this section shall be made within thirty (30) days after the date the notice of the application was sent by the division.

(c) A concealed handgun license issued, renewed, or obtained under § 5-73-314 or § 5-73-319 after December 31, 2007, shall bear a digital photograph of the licensee.

Amended by Act 2021, No. 888,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 188,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 61,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5745, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5744, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5743, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5742, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5741, eff. 7/1/2019.

Amended by Act 2013, No. 1271,§ 1, eff. 4/16/2013.

Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 9; 1997, No. 1251, § 1; 1999, No. 487, § 1; 2007, No. 664, § 4; 2009, No. 748, § 42.
Ark. Code Ann. § 5-64-418 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-418
Foreign conviction
Status: in_force

If a violation of this chapter is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state. Acts 2001, No. 1141, § 1; 2005, No. 1994, § 307.

If a violation of this chapter is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.

Acts 2001, No. 1141, § 1; 2005, No. 1994, § 307.
Ark. Code Ann. § 5-13-301 — AR Code / Title 5 / Chapter 13 / Subchapter 3 / Section 5-13-301
Terroristic threatening
Status: in_force

(a) (1) A person commits the offense of terroristic threatening in the first degree if: (A) With the purpose of terrorizing another person, the person threatens to cause death or serious physical injury or substantial property damage to another person; or (B) With the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to a teacher or other school employee acting in the line of duty. (2) Terroristic threatening in the first degree is a Class D felony. (b) (1) A person commits the offense of terroristic threatening in the second degree if, with the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to another person. (2) Terroristic threatening in the second degree is a Class A misdemeanor. (c) (1) (A) Upon pretrial release of the defendant, a judicial officer shall: (i) Enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure; and (ii) Give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (B) The no contact order under subdivision (c)(1)(A) of this section remains in effect during the pendency of any appeal of a conviction under this section. (C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order under subdivision (c)(1)(A) of this section to the victim and arresting agency without unnecessary delay. (2) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328 , or both. Amended by Act 2017, No. 472,§ 18, eff. 8/1/2017. Acts 1975, No. 280, § 1608; 1979, No. 753, § 1; A.S.A. 1947, § 41-1608; Acts 1993, No. 379, § 4; 1993, No. 388, § 4; 1993, No. 1189, § 3; 1995, No. 1302, § 2.

(a) (1) A person commits the offense of terroristic threatening in the first degree if: (A) With the purpose of terrorizing another person, the person threatens to cause death or serious physical injury or substantial property damage to another person; or (B) With the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to a teacher or other school employee acting in the line of duty. (2) Terroristic threatening in the first degree is a Class D felony.

(1) A person commits the offense of terroristic threatening in the first degree if: (A) With the purpose of terrorizing another person, the person threatens to cause death or serious physical injury or substantial property damage to another person; or (B) With the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to a teacher or other school employee acting in the line of duty.

(A) With the purpose of terrorizing another person, the person threatens to cause death or serious physical injury or substantial property damage to another person; or

(B) With the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to a teacher or other school employee acting in the line of duty.

(2) Terroristic threatening in the first degree is a Class D felony.

(b) (1) A person commits the offense of terroristic threatening in the second degree if, with the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to another person. (2) Terroristic threatening in the second degree is a Class A misdemeanor.

(1) A person commits the offense of terroristic threatening in the second degree if, with the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to another person.

(2) Terroristic threatening in the second degree is a Class A misdemeanor.

(c) (1) (A) Upon pretrial release of the defendant, a judicial officer shall: (i) Enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure; and (ii) Give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (B) The no contact order under subdivision (c)(1)(A) of this section remains in effect during the pendency of any appeal of a conviction under this section. (C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order under subdivision (c)(1)(A) of this section to the victim and arresting agency without unnecessary delay. (2) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328 , or both.

(1) (A) Upon pretrial release of the defendant, a judicial officer shall: (i) Enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure; and (ii) Give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (B) The no contact order under subdivision (c)(1)(A) of this section remains in effect during the pendency of any appeal of a conviction under this section. (C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order under subdivision (c)(1)(A) of this section to the victim and arresting agency without unnecessary delay.

(A) Upon pretrial release of the defendant, a judicial officer shall: (i) Enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure; and (ii) Give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.

(i) Enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure; and

(ii) Give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.

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

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

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

Amended by Act 2017, No. 472,§ 18, eff. 8/1/2017.

Acts 1975, No. 280, § 1608; 1979, No. 753, § 1; A.S.A. 1947, § 41-1608; Acts 1993, No. 379, § 4; 1993, No. 388, § 4; 1993, No. 1189, § 3; 1995, No. 1302, § 2.
Ark. Code Ann. § 5-14-128 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-128
Registered offender living near school, public park, youth center, daycare, or church or other place of worship prohibited
Status: in_force

(a) A sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a: (1) Level 3 or Level 4 offender may not knowingly reside within two thousand feet (2,000') of the property on which a public or private elementary or secondary school, public park, youth center, or daycare facility is located; or (2) Level 4 offender may not knowingly reside within two thousand feet (2,000') of a church or other place of worship. (b) (1) It is not a violation of this section if the property on which the sex offender resides is owned and occupied by the sex offender and was purchased prior to the date on which the public or private elementary or secondary school, public park, youth center, daycare facility, or church or other place of worship was established. (2) The exclusion in subdivision (b)(1) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense after the public or private elementary or secondary school, public park, youth center, daycare facility, or church or other place of worship is established. (c) (1) (A) With respect to a public or private elementary or secondary school or a daycare facility, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 16, 2003. (B) With respect to a public park or youth center, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 31, 2007. (C) With respect to privately owned land for which an easement has been granted to the state or a county, city, or town and that is used as part of the public park system of the state or a county, city, or town, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 28, 2021. (2) (A) The exclusion in subdivision (c)(1)(A) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense after July 16, 2003. (B) The exclusion in subdivision (c)(1)(B) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense on or after July 31, 2007. (C) The exclusion in subdivision (c)(1)(C) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense on or after July 28, 2021. (3) With respect to a church or other place of worship, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 22, 2015. (d) A violation of this section is a Class D felony. (e) (1) A person who is charged with violating this section shall be ordered as a condition of his or her release from custody not to return to the location where he or she was residing that was located within two thousand feet (2,000') of a public or private elementary or secondary school, public park, youth center, daycare facility, or church or other place of worship until the charge is adjudicated. (2) The court having jurisdiction over the charge may order that the defendant be allowed to return to his or her residence before the adjudication of the charge if good cause is shown. (f) As used in this section: (1) "Church or other place of worship" means a physical location that has a primary purpose of facilitating the meeting of persons in order to practice a religion; (2) (A) "Public park" means any property owned or maintained by this state or a county, city, or town in this state for the recreational use of the public. (B) "Public park" includes the portion of any privately owned land over which an easement has been granted to the state or a county, city, or town and that is used as part of the public park system of the state or a county, city, or town; and (3) "Youth center" means any building, structure, or facility owned or operated by a not-for-profit organization or by this state or a county, city, or town in this state for use by minors to promote the health, safety, or general welfare of the minors. Amended by Act 2021, No. 963,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 963,§ 2, eff. 7/28/2021. Amended by Act 2015, No. 376,§ 1, eff. 7/22/2015. Acts 2003, No. 330, § 3; 2007, No. 818, § 1; 2009, No. 1406, § 1.

(a) A sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a: (1) Level 3 or Level 4 offender may not knowingly reside within two thousand feet (2,000') of the property on which a public or private elementary or secondary school, public park, youth center, or daycare facility is located; or (2) Level 4 offender may not knowingly reside within two thousand feet (2,000') of a church or other place of worship.

(1) Level 3 or Level 4 offender may not knowingly reside within two thousand feet (2,000') of the property on which a public or private elementary or secondary school, public park, youth center, or daycare facility is located; or

(2) Level 4 offender may not knowingly reside within two thousand feet (2,000') of a church or other place of worship.

(b) (1) It is not a violation of this section if the property on which the sex offender resides is owned and occupied by the sex offender and was purchased prior to the date on which the public or private elementary or secondary school, public park, youth center, daycare facility, or church or other place of worship was established. (2) The exclusion in subdivision (b)(1) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense after the public or private elementary or secondary school, public park, youth center, daycare facility, or church or other place of worship is established.

(1) It is not a violation of this section if the property on which the sex offender resides is owned and occupied by the sex offender and was purchased prior to the date on which the public or private elementary or secondary school, public park, youth center, daycare facility, or church or other place of worship was established.

(2) The exclusion in subdivision (b)(1) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense after the public or private elementary or secondary school, public park, youth center, daycare facility, or church or other place of worship is established.

(c) (1) (A) With respect to a public or private elementary or secondary school or a daycare facility, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 16, 2003. (B) With respect to a public park or youth center, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 31, 2007. (C) With respect to privately owned land for which an easement has been granted to the state or a county, city, or town and that is used as part of the public park system of the state or a county, city, or town, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 28, 2021. (2) (A) The exclusion in subdivision (c)(1)(A) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense after July 16, 2003. (B) The exclusion in subdivision (c)(1)(B) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense on or after July 31, 2007. (C) The exclusion in subdivision (c)(1)(C) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense on or after July 28, 2021. (3) With respect to a church or other place of worship, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 22, 2015.

(1) (A) With respect to a public or private elementary or secondary school or a daycare facility, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 16, 2003. (B) With respect to a public park or youth center, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 31, 2007. (C) With respect to privately owned land for which an easement has been granted to the state or a county, city, or town and that is used as part of the public park system of the state or a county, city, or town, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 28, 2021.

(A) With respect to a public or private elementary or secondary school or a daycare facility, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 16, 2003.

(B) With respect to a public park or youth center, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 31, 2007.

(C) With respect to privately owned land for which an easement has been granted to the state or a county, city, or town and that is used as part of the public park system of the state or a county, city, or town, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 28, 2021.

(2) (A) The exclusion in subdivision (c)(1)(A) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense after July 16, 2003. (B) The exclusion in subdivision (c)(1)(B) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense on or after July 31, 2007. (C) The exclusion in subdivision (c)(1)(C) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense on or after July 28, 2021.

(A) The exclusion in subdivision (c)(1)(A) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense after July 16, 2003.

(B) The exclusion in subdivision (c)(1)(B) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense on or after July 31, 2007.

(C) The exclusion in subdivision (c)(1)(C) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense on or after July 28, 2021.

(3) With respect to a church or other place of worship, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 22, 2015.

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

(e) (1) A person who is charged with violating this section shall be ordered as a condition of his or her release from custody not to return to the location where he or she was residing that was located within two thousand feet (2,000') of a public or private elementary or secondary school, public park, youth center, daycare facility, or church or other place of worship until the charge is adjudicated. (2) The court having jurisdiction over the charge may order that the defendant be allowed to return to his or her residence before the adjudication of the charge if good cause is shown.

(1) A person who is charged with violating this section shall be ordered as a condition of his or her release from custody not to return to the location where he or she was residing that was located within two thousand feet (2,000') of a public or private elementary or secondary school, public park, youth center, daycare facility, or church or other place of worship until the charge is adjudicated.

(2) The court having jurisdiction over the charge may order that the defendant be allowed to return to his or her residence before the adjudication of the charge if good cause is shown.

(f) As used in this section: (1) "Church or other place of worship" means a physical location that has a primary purpose of facilitating the meeting of persons in order to practice a religion; (2) (A) "Public park" means any property owned or maintained by this state or a county, city, or town in this state for the recreational use of the public. (B) "Public park" includes the portion of any privately owned land over which an easement has been granted to the state or a county, city, or town and that is used as part of the public park system of the state or a county, city, or town; and (3) "Youth center" means any building, structure, or facility owned or operated by a not-for-profit organization or by this state or a county, city, or town in this state for use by minors to promote the health, safety, or general welfare of the minors.

(1) "Church or other place of worship" means a physical location that has a primary purpose of facilitating the meeting of persons in order to practice a religion;

(2) (A) "Public park" means any property owned or maintained by this state or a county, city, or town in this state for the recreational use of the public. (B) "Public park" includes the portion of any privately owned land over which an easement has been granted to the state or a county, city, or town and that is used as part of the public park system of the state or a county, city, or town; and

(A) "Public park" means any property owned or maintained by this state or a county, city, or town in this state for the recreational use of the public.

(B) "Public park" includes the portion of any privately owned land over which an easement has been granted to the state or a county, city, or town and that is used as part of the public park system of the state or a county, city, or town; and

(3) "Youth center" means any building, structure, or facility owned or operated by a not-for-profit organization or by this state or a county, city, or town in this state for use by minors to promote the health, safety, or general welfare of the minors.

Amended by Act 2021, No. 963,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 963,§ 2, eff. 7/28/2021.

Amended by Act 2015, No. 376,§ 1, eff. 7/22/2015.

Acts 2003, No. 330, § 3; 2007, No. 818, § 1; 2009, No. 1406, § 1.
Ark. Code Ann. § 5-1-102 — AR Code / Title 5 / Chapter 1 / Section 5-1-102
Definitions
Status: in_force

As used in the Arkansas Criminal Code: (1) "Act" or "action" means the same as defined in § 5-2-201 ; (2) "Actor" includes, when appropriate, a person who possesses something or who omits to act; (3) "Conduct" means the same as defined in § 5-2-201 ; (4) "Deadly weapon" means: (A) A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious physical injury; or (B) Anything that in the manner of its use or intended use is capable of causing death or serious physical injury; (5) "Element of the offense" means the conduct, the attendant circumstances, or the result of conduct that: (A) Is specified in the definition of the offense; (B) Establishes the kind of culpable mental state required for commission of the offense; or (C) Negates an excuse or justification for the conduct; (6) (A) "Firearm" means any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use. (B) "Firearm" includes: (i) A device described in subdivision (6)(A) of this section that is not loaded or lacks a clip or another component to render it immediately operable; and (ii) Components that can readily be assembled into a device described in subdivision (6)(A) of this section; (7) "Included offense" means the same as defined in § 5-1-110(b) ; (8) (A) "Knowingly" or an equivalent term such as "knowing", "with knowledge", "willful", or "willfully" means the same as knowingly as defined in § 5-2-202 . (B) However, if the statute clearly indicates a legislative intent to require a culpable mental state of "purposely", "willful" or "willfully" means the same as "purposely" defined in § 5-2-202 ; (9) "Law" includes a statute or court decision; (10) "Law enforcement officer" means any public servant vested by law with a duty to maintain public order or to make an arrest for an offense; (11) "Negligently" or an equivalent term such as "negligence" or "with negligence" means the same as defined in § 5-2-202 ; (12) "Omission" or "omit to act" means the same as defined in § 5-2-201 ; (13) (A) "Person", "actor", "defendant", "he", "she", "her", or "him" includes: (i) Any natural person; and (ii) When appropriate, an organization as defined in § 5-2-501 . (B) (i) (a) As used in §§ 5-10-101 - 5-10-105 and 5-4-604 , "person" also includes an unborn child in utero at any stage of development. (b) "Unborn child" means offspring of human beings from conception until birth. (ii) This subdivision (13)(B) does not apply to: (a) An act that causes the death of an unborn child in utero if the act was committed during a legal abortion to which the woman consented, including an abortion performed to remove an ectopic pregnancy or other nonviable pregnancy when the embryo is not going to develop further; (b) An act that is committed pursuant to a usual and customary standard of medical practice during diagnostic testing or therapeutic treatment; (c) An act that is committed in the course of medical research, experimental medicine, or an act deemed necessary to save the life or preserve the health of the woman; (d) Assisted reproduction technology activity, procedure, or treatment; or (e) An act occurring before transfer to the uterus of the woman of an embryo created through in vitro fertilization. (iii) Nothing in this subdivision (13)(B) shall be construed to allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero; (14) "Physical injury" means the: (A) Impairment of physical condition; (B) Infliction of substantial pain; or (C) Infliction of bruising, swelling, or a visible mark associated with physical trauma; (15) "Possess" means to exercise actual dominion, control, or management over a tangible object; (16) "Public servant" means any: (A) Officer or employee of this state or of any political subdivision of this state; (B) Person exercising a function of any officer or employee of this state or any political subdivision of this state; (C) (i) Person acting as an adviser, consultant, or otherwise in performing any governmental function. (ii) However, this subdivision (16)(C) does not include a witness; or (D) Person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position; (17) "Purposely" or an equivalent term such as "purpose", "with purpose", "intentional", "intentionally", "intended", or "with intent to" means the same as purposely as defined in § 5-2-202 ; (18) "Reasonably believes" or "reasonable belief" means a belief: (A) That an ordinary and prudent person would form under the circumstances in question; and (B) Not recklessly or negligently formed; (19) "Sawed-off or short-barreled rifle" means: (A) A rifle having one (1) or more barrels less than sixteen inches (16") in length; or (B) Any weapon made from a rifle, whether by alteration, modification, or otherwise, if the weapon, as modified, has an overall length of less than twenty-six inches (26"); (20) "Sawed-off or short-barreled shotgun" means: (A) A shotgun having one (1) or more barrels less than eighteen inches (18") in length; or (B) Any weapon made from a shotgun, whether by alteration, modification, or otherwise, if the weapon, as modified, has an overall length of less than twenty-six inches (26"); (21) "Serious physical injury" means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ; and (22) "Statute" includes the Arkansas Constitution and any statute of this state, any ordinance of a political subdivision of this state, and any rule or regulation lawfully adopted by an agency of this state. Amended by Act 2021, No. 931,§ 1, eff. 7/28/2021. Amended by Act 2013, No. 1032,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 115; A.S.A. 1947, § 41-115; Acts 1994 (2nd Ex. Sess.), No. 45, § 2; 1999, No. 1273, §§ 1-3; 1999, No. 1476, § 1; 2005, No. 1994, § 442; 2007, No. 827, § 11.

As used in the Arkansas Criminal Code:

(1) "Act" or "action" means the same as defined in § 5-2-201 ;

(2) "Actor" includes, when appropriate, a person who possesses something or who omits to act;

(3) "Conduct" means the same as defined in § 5-2-201 ;

(4) "Deadly weapon" means: (A) A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious physical injury; or (B) Anything that in the manner of its use or intended use is capable of causing death or serious physical injury;

(A) A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious physical injury; or

(B) Anything that in the manner of its use or intended use is capable of causing death or serious physical injury;

(5) "Element of the offense" means the conduct, the attendant circumstances, or the result of conduct that: (A) Is specified in the definition of the offense; (B) Establishes the kind of culpable mental state required for commission of the offense; or (C) Negates an excuse or justification for the conduct;

(A) Is specified in the definition of the offense;

(B) Establishes the kind of culpable mental state required for commission of the offense; or

(C) Negates an excuse or justification for the conduct;

(6) (A) "Firearm" means any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use. (B) "Firearm" includes: (i) A device described in subdivision (6)(A) of this section that is not loaded or lacks a clip or another component to render it immediately operable; and (ii) Components that can readily be assembled into a device described in subdivision (6)(A) of this section;

(A) "Firearm" means any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use.

(B) "Firearm" includes: (i) A device described in subdivision (6)(A) of this section that is not loaded or lacks a clip or another component to render it immediately operable; and (ii) Components that can readily be assembled into a device described in subdivision (6)(A) of this section;

(i) A device described in subdivision (6)(A) of this section that is not loaded or lacks a clip or another component to render it immediately operable; and

(ii) Components that can readily be assembled into a device described in subdivision (6)(A) of this section;

(7) "Included offense" means the same as defined in § 5-1-110(b) ;

(8) (A) "Knowingly" or an equivalent term such as "knowing", "with knowledge", "willful", or "willfully" means the same as knowingly as defined in § 5-2-202 . (B) However, if the statute clearly indicates a legislative intent to require a culpable mental state of "purposely", "willful" or "willfully" means the same as "purposely" defined in § 5-2-202 ;

(A) "Knowingly" or an equivalent term such as "knowing", "with knowledge", "willful", or "willfully" means the same as knowingly as defined in § 5-2-202 .

(B) However, if the statute clearly indicates a legislative intent to require a culpable mental state of "purposely", "willful" or "willfully" means the same as "purposely" defined in § 5-2-202 ;

(9) "Law" includes a statute or court decision;

(10) "Law enforcement officer" means any public servant vested by law with a duty to maintain public order or to make an arrest for an offense;

(11) "Negligently" or an equivalent term such as "negligence" or "with negligence" means the same as defined in § 5-2-202 ;

(12) "Omission" or "omit to act" means the same as defined in § 5-2-201 ;

(13) (A) "Person", "actor", "defendant", "he", "she", "her", or "him" includes: (i) Any natural person; and (ii) When appropriate, an organization as defined in § 5-2-501 . (B) (i) (a) As used in §§ 5-10-101 - 5-10-105 and 5-4-604 , "person" also includes an unborn child in utero at any stage of development. (b) "Unborn child" means offspring of human beings from conception until birth. (ii) This subdivision (13)(B) does not apply to: (a) An act that causes the death of an unborn child in utero if the act was committed during a legal abortion to which the woman consented, including an abortion performed to remove an ectopic pregnancy or other nonviable pregnancy when the embryo is not going to develop further; (b) An act that is committed pursuant to a usual and customary standard of medical practice during diagnostic testing or therapeutic treatment; (c) An act that is committed in the course of medical research, experimental medicine, or an act deemed necessary to save the life or preserve the health of the woman; (d) Assisted reproduction technology activity, procedure, or treatment; or (e) An act occurring before transfer to the uterus of the woman of an embryo created through in vitro fertilization. (iii) Nothing in this subdivision (13)(B) shall be construed to allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero;

(A) "Person", "actor", "defendant", "he", "she", "her", or "him" includes: (i) Any natural person; and (ii) When appropriate, an organization as defined in § 5-2-501 .

(i) Any natural person; and

(ii) When appropriate, an organization as defined in § 5-2-501 .

(B) (i) (a) As used in §§ 5-10-101 - 5-10-105 and 5-4-604 , "person" also includes an unborn child in utero at any stage of development. (b) "Unborn child" means offspring of human beings from conception until birth. (ii) This subdivision (13)(B) does not apply to: (a) An act that causes the death of an unborn child in utero if the act was committed during a legal abortion to which the woman consented, including an abortion performed to remove an ectopic pregnancy or other nonviable pregnancy when the embryo is not going to develop further; (b) An act that is committed pursuant to a usual and customary standard of medical practice during diagnostic testing or therapeutic treatment; (c) An act that is committed in the course of medical research, experimental medicine, or an act deemed necessary to save the life or preserve the health of the woman; (d) Assisted reproduction technology activity, procedure, or treatment; or (e) An act occurring before transfer to the uterus of the woman of an embryo created through in vitro fertilization. (iii) Nothing in this subdivision (13)(B) shall be construed to allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero;

(i) (a) As used in §§ 5-10-101 - 5-10-105 and 5-4-604 , "person" also includes an unborn child in utero at any stage of development. (b) "Unborn child" means offspring of human beings from conception until birth.

(a) As used in §§ 5-10-101 - 5-10-105 and 5-4-604 , "person" also includes an unborn child in utero at any stage of development.

(b) "Unborn child" means offspring of human beings from conception until birth.

(ii) This subdivision (13)(B) does not apply to: (a) An act that causes the death of an unborn child in utero if the act was committed during a legal abortion to which the woman consented, including an abortion performed to remove an ectopic pregnancy or other nonviable pregnancy when the embryo is not going to develop further; (b) An act that is committed pursuant to a usual and customary standard of medical practice during diagnostic testing or therapeutic treatment; (c) An act that is committed in the course of medical research, experimental medicine, or an act deemed necessary to save the life or preserve the health of the woman; (d) Assisted reproduction technology activity, procedure, or treatment; or (e) An act occurring before transfer to the uterus of the woman of an embryo created through in vitro fertilization.

(a) An act that causes the death of an unborn child in utero if the act was committed during a legal abortion to which the woman consented, including an abortion performed to remove an ectopic pregnancy or other nonviable pregnancy when the embryo is not going to develop further;

(b) An act that is committed pursuant to a usual and customary standard of medical practice during diagnostic testing or therapeutic treatment;

(c) An act that is committed in the course of medical research, experimental medicine, or an act deemed necessary to save the life or preserve the health of the woman;

(d) Assisted reproduction technology activity, procedure, or treatment; or

(e) An act occurring before transfer to the uterus of the woman of an embryo created through in vitro fertilization.

(iii) Nothing in this subdivision (13)(B) shall be construed to allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero;

(14) "Physical injury" means the: (A) Impairment of physical condition; (B) Infliction of substantial pain; or (C) Infliction of bruising, swelling, or a visible mark associated with physical trauma;

(A) Impairment of physical condition;

(B) Infliction of substantial pain; or

(C) Infliction of bruising, swelling, or a visible mark associated with physical trauma;

(15) "Possess" means to exercise actual dominion, control, or management over a tangible object;

(16) "Public servant" means any: (A) Officer or employee of this state or of any political subdivision of this state; (B) Person exercising a function of any officer or employee of this state or any political subdivision of this state; (C) (i) Person acting as an adviser, consultant, or otherwise in performing any governmental function. (ii) However, this subdivision (16)(C) does not include a witness; or (D) Person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position;

(A) Officer or employee of this state or of any political subdivision of this state;

(B) Person exercising a function of any officer or employee of this state or any political subdivision of this state;

(C) (i) Person acting as an adviser, consultant, or otherwise in performing any governmental function. (ii) However, this subdivision (16)(C) does not include a witness; or

(i) Person acting as an adviser, consultant, or otherwise in performing any governmental function.

(ii) However, this subdivision (16)(C) does not include a witness; or

(D) Person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position;

(17) "Purposely" or an equivalent term such as "purpose", "with purpose", "intentional", "intentionally", "intended", or "with intent to" means the same as purposely as defined in § 5-2-202 ;

(18) "Reasonably believes" or "reasonable belief" means a belief: (A) That an ordinary and prudent person would form under the circumstances in question; and (B) Not recklessly or negligently formed;

(A) That an ordinary and prudent person would form under the circumstances in question; and

(B) Not recklessly or negligently formed;

(19) "Sawed-off or short-barreled rifle" means: (A) A rifle having one (1) or more barrels less than sixteen inches (16") in length; or (B) Any weapon made from a rifle, whether by alteration, modification, or otherwise, if the weapon, as modified, has an overall length of less than twenty-six inches (26");

(A) A rifle having one (1) or more barrels less than sixteen inches (16") in length; or

(B) Any weapon made from a rifle, whether by alteration, modification, or otherwise, if the weapon, as modified, has an overall length of less than twenty-six inches (26");

(20) "Sawed-off or short-barreled shotgun" means: (A) A shotgun having one (1) or more barrels less than eighteen inches (18") in length; or (B) Any weapon made from a shotgun, whether by alteration, modification, or otherwise, if the weapon, as modified, has an overall length of less than twenty-six inches (26");

(A) A shotgun having one (1) or more barrels less than eighteen inches (18") in length; or

(B) Any weapon made from a shotgun, whether by alteration, modification, or otherwise, if the weapon, as modified, has an overall length of less than twenty-six inches (26");

(21) "Serious physical injury" means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ; and

(22) "Statute" includes the Arkansas Constitution and any statute of this state, any ordinance of a political subdivision of this state, and any rule or regulation lawfully adopted by an agency of this state.

Amended by Act 2021, No. 931,§ 1, eff. 7/28/2021.

Amended by Act 2013, No. 1032,§ 1, eff. 8/16/2013.

Acts 1975, No. 280, § 115; A.S.A. 1947, § 41-115; Acts 1994 (2nd Ex. Sess.), No. 45, § 2; 1999, No. 1273, §§ 1-3; 1999, No. 1476, § 1; 2005, No. 1994, § 442; 2007, No. 827, § 11.
Ark. Code Ann. § 5-77-205 — AR Code / Title 5 / Chapter 77 / Subchapter 2 / Section 5-77-205
Resale of law enforcement vehicles
Status: in_force

(a) Except as provided in subsection (b) of this section, before a law enforcement vehicle is offered for sale to the public, the seller of the law enforcement vehicle shall remove from the law enforcement vehicle the: (1) Lightbar, including any blue lights or blue lens cap; (2) Spotlight; (3) Siren; (4) Law enforcement decals and signage; (5) Radios; and (6) Other items associated solely with law enforcement vehicles. (b) The items required to be removed under subdivisions (a)(1)-(6) of this section are not required to be removed if the law enforcement vehicle is sold to a law enforcement agency. (c) A violation of subsection (a) of this section is a violation and punishable by a fine of not more than one thousand dollars ($1,000). Amended by Act 2017, No. 439,§ 3, eff. 8/1/2017. Acts 2009, No. 792, § 1.

(a) Except as provided in subsection (b) of this section, before a law enforcement vehicle is offered for sale to the public, the seller of the law enforcement vehicle shall remove from the law enforcement vehicle the: (1) Lightbar, including any blue lights or blue lens cap; (2) Spotlight; (3) Siren; (4) Law enforcement decals and signage; (5) Radios; and (6) Other items associated solely with law enforcement vehicles.

(1) Lightbar, including any blue lights or blue lens cap;

(2) Spotlight;

(3) Siren;

(4) Law enforcement decals and signage;

(5) Radios; and

(6) Other items associated solely with law enforcement vehicles.

(b) The items required to be removed under subdivisions (a)(1)-(6) of this section are not required to be removed if the law enforcement vehicle is sold to a law enforcement agency.

(c) A violation of subsection (a) of this section is a violation and punishable by a fine of not more than one thousand dollars ($1,000).

Amended by Act 2017, No. 439,§ 3, eff. 8/1/2017.

Acts 2009, No. 792, § 1.
Ark. Code Ann. § 5-53-202 — AR Code / Title 5 / Chapter 53 / Subchapter 2 / Section 5-53-202
Threatening a judicial official or juror - Penalty
Status: in_force

(a) A person commits the offense of threatening a judicial official or juror if the person directly or indirectly utters or otherwise makes a threat toward another person whom the person knows or reasonably should know to be a: (1) Judicial official; (2) Juror; or (3) Member of the immediate family of a judicial official or juror. (b) (1) Threatening a judicial official or juror is a Class B felony if the person threatens: (A) To cause death or serious physical injury to a judicial official, juror, or any member of a judicial official's or juror's immediate family; or (B) Substantial damage to property owned or possessed by a judicial official, juror, or any member of a judicial official's or juror's immediate family. (2) Threatening a judicial official or juror is a Class C felony if the person threatens: (A) To cause physical injury to a judicial official, juror, or any member of a judicial official's or juror's immediate family; or (B) Damage to property owned or possessed by a judicial official, juror, or any member of a judicial official's or juror's immediate family. (c) It is an affirmative defense to any prosecution under this subchapter that at the time the defendant engaged in the conduct, the threat did not relate to the person's status or actions as a: (1) Judicial official; (2) Juror; or (3) Member of the immediate family of a judicial official or juror. Amended by Act 2023, No. 736,§ 9, eff. 8/1/2023. Acts 2003, No. 1313, § 2.

(a) A person commits the offense of threatening a judicial official or juror if the person directly or indirectly utters or otherwise makes a threat toward another person whom the person knows or reasonably should know to be a: (1) Judicial official; (2) Juror; or (3) Member of the immediate family of a judicial official or juror.

(1) Judicial official;

(2) Juror; or

(3) Member of the immediate family of a judicial official or juror.

(b) (1) Threatening a judicial official or juror is a Class B felony if the person threatens: (A) To cause death or serious physical injury to a judicial official, juror, or any member of a judicial official's or juror's immediate family; or (B) Substantial damage to property owned or possessed by a judicial official, juror, or any member of a judicial official's or juror's immediate family. (2) Threatening a judicial official or juror is a Class C felony if the person threatens: (A) To cause physical injury to a judicial official, juror, or any member of a judicial official's or juror's immediate family; or (B) Damage to property owned or possessed by a judicial official, juror, or any member of a judicial official's or juror's immediate family.

(1) Threatening a judicial official or juror is a Class B felony if the person threatens: (A) To cause death or serious physical injury to a judicial official, juror, or any member of a judicial official's or juror's immediate family; or (B) Substantial damage to property owned or possessed by a judicial official, juror, or any member of a judicial official's or juror's immediate family.

(A) To cause death or serious physical injury to a judicial official, juror, or any member of a judicial official's or juror's immediate family; or

(B) Substantial damage to property owned or possessed by a judicial official, juror, or any member of a judicial official's or juror's immediate family.

(2) Threatening a judicial official or juror is a Class C felony if the person threatens: (A) To cause physical injury to a judicial official, juror, or any member of a judicial official's or juror's immediate family; or (B) Damage to property owned or possessed by a judicial official, juror, or any member of a judicial official's or juror's immediate family.

(A) To cause physical injury to a judicial official, juror, or any member of a judicial official's or juror's immediate family; or

(B) Damage to property owned or possessed by a judicial official, juror, or any member of a judicial official's or juror's immediate family.

(c) It is an affirmative defense to any prosecution under this subchapter that at the time the defendant engaged in the conduct, the threat did not relate to the person's status or actions as a: (1) Judicial official; (2) Juror; or (3) Member of the immediate family of a judicial official or juror.

(1) Judicial official;

(2) Juror; or

(3) Member of the immediate family of a judicial official or juror.

Amended by Act 2023, No. 736,§ 9, eff. 8/1/2023.

Acts 2003, No. 1313, § 2.
Ark. Code Ann. § 5-26-410 — AR Code / Title 5 / Chapter 26 / Subchapter 4 / Section 5-26-410
Jurisdiction
Status: in_force

(a) When any person is liable to be prosecuted under § 5-26-401 , he or she may be indicted, tried, and convicted in: (1) The county where the violation of § 5-26-401 originally occurred; (2) Any county where he or she might be apprehended; or (3) The county where the injured spouse or child resided at the time of the filing of the indictment or information. (b) Subdivisions (a)(2) and (3) of this section apply because each successive day the offense continues is declared to be a violation of § 5-26-401 not only in the county where the offense originally occurred but in any county where the offender or the injured spouse or child resides while the course of conduct condemned in § 5-26-401 continues. Acts 1951, No. 67, § 3; 1953, No. 242, § 3; 1975, No. 928, § 8; A.S.A. 1947, § 41-2451.

(a) When any person is liable to be prosecuted under § 5-26-401 , he or she may be indicted, tried, and convicted in: (1) The county where the violation of § 5-26-401 originally occurred; (2) Any county where he or she might be apprehended; or (3) The county where the injured spouse or child resided at the time of the filing of the indictment or information.

(1) The county where the violation of § 5-26-401 originally occurred;

(2) Any county where he or she might be apprehended; or

(3) The county where the injured spouse or child resided at the time of the filing of the indictment or information.

(b) Subdivisions (a)(2) and (3) of this section apply because each successive day the offense continues is declared to be a violation of § 5-26-401 not only in the county where the offense originally occurred but in any county where the offender or the injured spouse or child resides while the course of conduct condemned in § 5-26-401 continues.

Acts 1951, No. 67, § 3; 1953, No. 242, § 3; 1975, No. 928, § 8; A.S.A. 1947, § 41-2451.
Ark. Code Ann. § 5-73-103 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-103
Possession of firearms by certain persons
Status: in_force

(a) Except as provided in subsection (d) of this section or unless authorized by and subject to such conditions as prescribed by the Governor, or his or her designee, or the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives, or other bureau or office designated by the United States Department of Justice, no person shall possess or own any firearm who has been: (1) Convicted of a felony; (2) Adjudicated mentally ill; or (3) Committed involuntarily to any mental institution. (b) (1) Except as provided in subdivisions (b)(2) and (3) of this section, a determination by a jury or a court that a person committed a felony constitutes a conviction for purposes of subsection (a) of this section even though the court suspended imposition of sentence or placed the defendant on probation. (2) Subdivision (b)(1) of this section does not apply to a person whose case was dismissed and expunged under § 16-93-301 et seq. or § 16-98-303(g) . (3) The determination by the jury or court that the person committed a felony does not constitute a conviction for purposes of subsection (a) of this section if the person is subsequently granted a pardon explicitly restoring the ability to possess a firearm. (c) (1) A person who violates this section commits a Class B felony if: (A) The person has a prior violent felony conviction; (B) The person's current possession of a firearm involves the commission of another crime; (C) The person has a prior felony conviction for an offense that had as an element of the offense the use or possession of a deadly weapon; or (D) The person has been previously convicted under this section or a similar provision from another jurisdiction. (2) A person who violates this section commits a Class D felony if he or she has been previously convicted of a felony and his or her present conduct or the prior felony conviction does not fall within subdivision (c)(1) of this section. (3) Otherwise, the person commits a Class A misdemeanor. (d) The Governor may restore without granting a pardon the right of a convicted felon or an adjudicated delinquent to own and possess a firearm upon the recommendation of the chief law enforcement officer in the jurisdiction in which the person resides, so long as the underlying felony or delinquency adjudication: (1) Did not involve the use of a weapon; and (2) Occurred more than eight (8) years ago. (e) As used in this section, "felony" means any state or federal felony, excluding a federal or state felony offense for which the person convicted has completed his or her sentence and pertaining to: (1) An antitrust violation; (2) An unfair trade practice; (3) Restraint of trade; or (4) Another offense relating to the regulation of business practices. Amended by Act 2023, No. 659,§ 48, eff. 1/1/2024. Amended by Act 2021, No. 631,§ 2, eff. 7/28/2021. Acts 1975, No. 280, § 3103; 1977, No. 360, § 18; A.S.A. 1947, § 41-3103; Acts 1987, No. 74, § 1; 1994 (2nd Ex. Sess.), No. 63, § 1; 1995, No. 595, § 1; 1995, No. 1325, § 1; 2001, No. 1429, § 1; 2009, No. 1491, § 1.

(a) Except as provided in subsection (d) of this section or unless authorized by and subject to such conditions as prescribed by the Governor, or his or her designee, or the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives, or other bureau or office designated by the United States Department of Justice, no person shall possess or own any firearm who has been: (1) Convicted of a felony; (2) Adjudicated mentally ill; or (3) Committed involuntarily to any mental institution.

(1) Convicted of a felony;

(2) Adjudicated mentally ill; or

(3) Committed involuntarily to any mental institution.

(b) (1) Except as provided in subdivisions (b)(2) and (3) of this section, a determination by a jury or a court that a person committed a felony constitutes a conviction for purposes of subsection (a) of this section even though the court suspended imposition of sentence or placed the defendant on probation. (2) Subdivision (b)(1) of this section does not apply to a person whose case was dismissed and expunged under § 16-93-301 et seq. or § 16-98-303(g) . (3) The determination by the jury or court that the person committed a felony does not constitute a conviction for purposes of subsection (a) of this section if the person is subsequently granted a pardon explicitly restoring the ability to possess a firearm.

(1) Except as provided in subdivisions (b)(2) and (3) of this section, a determination by a jury or a court that a person committed a felony constitutes a conviction for purposes of subsection (a) of this section even though the court suspended imposition of sentence or placed the defendant on probation.

(2) Subdivision (b)(1) of this section does not apply to a person whose case was dismissed and expunged under § 16-93-301 et seq. or § 16-98-303(g) .

(3) The determination by the jury or court that the person committed a felony does not constitute a conviction for purposes of subsection (a) of this section if the person is subsequently granted a pardon explicitly restoring the ability to possess a firearm.

(c) (1) A person who violates this section commits a Class B felony if: (A) The person has a prior violent felony conviction; (B) The person's current possession of a firearm involves the commission of another crime; (C) The person has a prior felony conviction for an offense that had as an element of the offense the use or possession of a deadly weapon; or (D) The person has been previously convicted under this section or a similar provision from another jurisdiction. (2) A person who violates this section commits a Class D felony if he or she has been previously convicted of a felony and his or her present conduct or the prior felony conviction does not fall within subdivision (c)(1) of this section. (3) Otherwise, the person commits a Class A misdemeanor.

(1) A person who violates this section commits a Class B felony if: (A) The person has a prior violent felony conviction; (B) The person's current possession of a firearm involves the commission of another crime; (C) The person has a prior felony conviction for an offense that had as an element of the offense the use or possession of a deadly weapon; or (D) The person has been previously convicted under this section or a similar provision from another jurisdiction.

(A) The person has a prior violent felony conviction;

(B) The person's current possession of a firearm involves the commission of another crime;

(C) The person has a prior felony conviction for an offense that had as an element of the offense the use or possession of a deadly weapon; or

(D) The person has been previously convicted under this section or a similar provision from another jurisdiction.

(2) A person who violates this section commits a Class D felony if he or she has been previously convicted of a felony and his or her present conduct or the prior felony conviction does not fall within subdivision (c)(1) of this section.

(3) Otherwise, the person commits a Class A misdemeanor.

(d) The Governor may restore without granting a pardon the right of a convicted felon or an adjudicated delinquent to own and possess a firearm upon the recommendation of the chief law enforcement officer in the jurisdiction in which the person resides, so long as the underlying felony or delinquency adjudication: (1) Did not involve the use of a weapon; and (2) Occurred more than eight (8) years ago.

(1) Did not involve the use of a weapon; and

(2) Occurred more than eight (8) years ago.

(e) As used in this section, "felony" means any state or federal felony, excluding a federal or state felony offense for which the person convicted has completed his or her sentence and pertaining to: (1) An antitrust violation; (2) An unfair trade practice; (3) Restraint of trade; or (4) Another offense relating to the regulation of business practices.

(1) An antitrust violation;

(2) An unfair trade practice;

(3) Restraint of trade; or

(4) Another offense relating to the regulation of business practices.

Amended by Act 2023, No. 659,§ 48, eff. 1/1/2024.

Amended by Act 2021, No. 631,§ 2, eff. 7/28/2021.

Acts 1975, No. 280, § 3103; 1977, No. 360, § 18; A.S.A. 1947, § 41-3103; Acts 1987, No. 74, § 1; 1994 (2nd Ex. Sess.), No. 63, § 1; 1995, No. 595, § 1; 1995, No. 1325, § 1; 2001, No. 1429, § 1; 2009, No. 1491, § 1.
Ark. Code Ann. § 5-37-225 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-225
Use of false transcript, diploma, or grade report from postsecondary educational institution
Status: in_force

(a) No person may falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or knowingly aid or assist in falsely making, forging, or counterfeiting a transcript, diploma, or grade report of a postsecondary educational institution. (b) No person may use, offer, or present as genuine a false, forged, counterfeited, or altered transcript, diploma, or grade report of a postsecondary educational institution. (c) No person may use, offer, or present a transcript, diploma, or grade report of a postsecondary educational institution in a fraudulent manner. (d) A person who violates any provision of this section is guilty of a Class A misdemeanor. Acts 1991, No. 351, §§ 1, 2; 2005, No. 1994, § 345; 2007, No. 827, § 40.

(a) No person may falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or knowingly aid or assist in falsely making, forging, or counterfeiting a transcript, diploma, or grade report of a postsecondary educational institution.

(b) No person may use, offer, or present as genuine a false, forged, counterfeited, or altered transcript, diploma, or grade report of a postsecondary educational institution.

(c) No person may use, offer, or present a transcript, diploma, or grade report of a postsecondary educational institution in a fraudulent manner.

(d) A person who violates any provision of this section is guilty of a Class A misdemeanor.

Acts 1991, No. 351, §§ 1, 2; 2005, No. 1994, § 345; 2007, No. 827, § 40.
Ark. Code Ann. § 5-38-212 — AR Code / Title 5 / Chapter 38 / Subchapter 2 / Section 5-38-212
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1348,§ 3, eff. 8/16/2013. Acts 1935, No. 159, §§ 1-4; Pope's Dig., §§ 3199-3201; A.S.A. 1947, §§ 41-1971 -- 41-1974; Acts 2005, No. 1994, § 47.

Repealed by Act 2013, No. 1348,§ 3, eff. 8/16/2013.

Acts 1935, No. 159, §§ 1-4; Pope's Dig., §§ 3199-3201; A.S.A. 1947, §§ 41-1971 -- 41-1974; Acts 2005, No. 1994, § 47.
Ark. Code Ann. § 5-37-302 — AR Code / Title 5 / Chapter 37 / Subchapter 3 / Section 5-37-302
Unlawful acts
Status: in_force

(a) It is unlawful for any person: (1) To procure any article or thing of value or to secure possession of any personal property to which a lien has attached or to make payment of rent or to make payment of a child support payment or to make payment of any taxes, licenses, or fees, or any fine or court costs, or for any other purpose to make or draw or utter or deliver, with the intent to defraud, any check, draft, order, or any other form of presentment involving the transmission of account information for the payment of money upon any in-state or out-of-state bank, person, firm, or corporation, knowing at the time of such making, drawing, uttering, or delivering that the maker or drawer has not sufficient funds in, or on deposit with, such bank, person, firm, or corporation for the payment of such check, draft, order, or other form of presentment involving the transmission of account information in full, and any other check, draft, order, or other form of presentment involving the transmission of account information upon such funds then outstanding; (2) To make, draw, utter, or deliver or to cause or direct the making, drawing, uttering, or delivering of any check, draft, order, or any other form of presentment involving the transmission of account information for the payment of money on any in-state or out-of-state bank, person, firm, or corporation in payment of wages or salaries for personal services rendered, knowing that the maker, drawer, or payor does not have sufficient funds in or on deposit with such bank, person, firm, or corporation for the payment in full of such check, draft, order, or other form of presentment involving the transmission of account information as well as any other then-outstanding check, draft, order, or other form of presentment involving the transmission of account information upon such funds, and with no good reason to believe the check, draft, order, or other form of presentment involving the transmission of account information would be paid upon presentation to the person or bank upon which same was drawn; or (3) After he or she has made, drawn, uttered, or delivered a check, draft, order, or any other form of presentment involving the transmission of account information for the payment of money upon any in-state or out-of-state bank, to withdraw or cause to be withdrawn, with intent to defraud, the funds or any part of the funds that have been deposited in the bank before presentment of the check, draft, order, or any other form of presentment involving the transmission of account information for payment, without leaving sufficient funds in the bank for payment in full of the check, draft, order, or other form of presentment involving the transmission of account information and any other check, draft, or order upon the funds then outstanding. (b) (1) Upon a determination of guilt of a person under this section, in the event that the order, draft, check, or other form of presentment involving the transmission of account information is one thousand dollars ($1,000) or less, the penalties shall be as follows: (A) For a first offense, the person is guilty of an unclassified misdemeanor and shall receive a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisonment in the county jail or regional detention facility not to exceed thirty (30) days, or both; (B) For a second offense, the person is guilty of an unclassified misdemeanor and shall receive a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisonment in the county jail or regional detention facility not to exceed ninety (90) days, or both; and (C) For a third or subsequent offense, the person is guilty of an unclassified misdemeanor and shall receive a fine of not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000) or imprisonment in the county jail or regional detention facility not to exceed one (1) year, or both. (2) Making, uttering, or delivering one (1) or more instruments or transactions drawn on insufficient funds or drawn on a nonexistent account is a Class B felony if: (A) The amount of any one (1) instrument or transaction is twenty-five thousand dollars ($25,000) or more; or (B) More than one (1) instrument or transaction has been drawn within a ninety-day period, each instrument or transaction is in an amount less than twenty-five thousand dollars ($25,000), and the total amount of all such instruments or transactions is twenty-five thousand dollars ($25,000) or more. (3) Making, uttering, or delivering one (1) or more instruments or transactions drawn on insufficient funds or drawn on nonexistent accounts is a Class C felony if: (A) The amount of any one (1) instrument or transaction is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or (B) More than one (1) instrument or transaction has been drawn within a ninety-day period, each instrument or transaction is in an amount of five thousand dollars ($5,000) or less, and the total amount of all such instruments or transactions is more than five thousand dollars ($5,000). (4) Making, uttering, or delivering one (1) or more instruments or transactions drawn on insufficient funds or drawn on nonexistent accounts is a Class D felony if: (A) The amount of any one (1) instrument or transaction is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); or (B) More than one (1) instrument or transaction has been drawn within a ninety-day period, each instrument or transaction is in an amount of one thousand dollars ($1,000) or less, and the total amount of all such instruments or transactions is more than one thousand dollars ($1,000). (5) Under subdivisions (b)(2)(B), (b)(3)(B), and (b)(4)(B) of this section, each instrument or transaction may be added together in a single prosecution. Amended by Act 2015, No. 1263,§ 10, eff. 7/22/2015. Acts 1959, No. 241, §§ 2-4; 1977, No. 155, § 1; 1981, No. 899, §§ 1, 2, 4; 1985, No. 1012, § 1; A.S.A. 1947, §§ 67-720, 67-721, 67-725; Acts 1987, No. 69, § 1; 1991, No. 1051, § 1; 2001, No. 1466, § 1.

(a) It is unlawful for any person: (1) To procure any article or thing of value or to secure possession of any personal property to which a lien has attached or to make payment of rent or to make payment of a child support payment or to make payment of any taxes, licenses, or fees, or any fine or court costs, or for any other purpose to make or draw or utter or deliver, with the intent to defraud, any check, draft, order, or any other form of presentment involving the transmission of account information for the payment of money upon any in-state or out-of-state bank, person, firm, or corporation, knowing at the time of such making, drawing, uttering, or delivering that the maker or drawer has not sufficient funds in, or on deposit with, such bank, person, firm, or corporation for the payment of such check, draft, order, or other form of presentment involving the transmission of account information in full, and any other check, draft, order, or other form of presentment involving the transmission of account information upon such funds then outstanding; (2) To make, draw, utter, or deliver or to cause or direct the making, drawing, uttering, or delivering of any check, draft, order, or any other form of presentment involving the transmission of account information for the payment of money on any in-state or out-of-state bank, person, firm, or corporation in payment of wages or salaries for personal services rendered, knowing that the maker, drawer, or payor does not have sufficient funds in or on deposit with such bank, person, firm, or corporation for the payment in full of such check, draft, order, or other form of presentment involving the transmission of account information as well as any other then-outstanding check, draft, order, or other form of presentment involving the transmission of account information upon such funds, and with no good reason to believe the check, draft, order, or other form of presentment involving the transmission of account information would be paid upon presentation to the person or bank upon which same was drawn; or (3) After he or she has made, drawn, uttered, or delivered a check, draft, order, or any other form of presentment involving the transmission of account information for the payment of money upon any in-state or out-of-state bank, to withdraw or cause to be withdrawn, with intent to defraud, the funds or any part of the funds that have been deposited in the bank before presentment of the check, draft, order, or any other form of presentment involving the transmission of account information for payment, without leaving sufficient funds in the bank for payment in full of the check, draft, order, or other form of presentment involving the transmission of account information and any other check, draft, or order upon the funds then outstanding.

(1) To procure any article or thing of value or to secure possession of any personal property to which a lien has attached or to make payment of rent or to make payment of a child support payment or to make payment of any taxes, licenses, or fees, or any fine or court costs, or for any other purpose to make or draw or utter or deliver, with the intent to defraud, any check, draft, order, or any other form of presentment involving the transmission of account information for the payment of money upon any in-state or out-of-state bank, person, firm, or corporation, knowing at the time of such making, drawing, uttering, or delivering that the maker or drawer has not sufficient funds in, or on deposit with, such bank, person, firm, or corporation for the payment of such check, draft, order, or other form of presentment involving the transmission of account information in full, and any other check, draft, order, or other form of presentment involving the transmission of account information upon such funds then outstanding;

(2) To make, draw, utter, or deliver or to cause or direct the making, drawing, uttering, or delivering of any check, draft, order, or any other form of presentment involving the transmission of account information for the payment of money on any in-state or out-of-state bank, person, firm, or corporation in payment of wages or salaries for personal services rendered, knowing that the maker, drawer, or payor does not have sufficient funds in or on deposit with such bank, person, firm, or corporation for the payment in full of such check, draft, order, or other form of presentment involving the transmission of account information as well as any other then-outstanding check, draft, order, or other form of presentment involving the transmission of account information upon such funds, and with no good reason to believe the check, draft, order, or other form of presentment involving the transmission of account information would be paid upon presentation to the person or bank upon which same was drawn; or

(3) After he or she has made, drawn, uttered, or delivered a check, draft, order, or any other form of presentment involving the transmission of account information for the payment of money upon any in-state or out-of-state bank, to withdraw or cause to be withdrawn, with intent to defraud, the funds or any part of the funds that have been deposited in the bank before presentment of the check, draft, order, or any other form of presentment involving the transmission of account information for payment, without leaving sufficient funds in the bank for payment in full of the check, draft, order, or other form of presentment involving the transmission of account information and any other check, draft, or order upon the funds then outstanding.

(b) (1) Upon a determination of guilt of a person under this section, in the event that the order, draft, check, or other form of presentment involving the transmission of account information is one thousand dollars ($1,000) or less, the penalties shall be as follows: (A) For a first offense, the person is guilty of an unclassified misdemeanor and shall receive a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisonment in the county jail or regional detention facility not to exceed thirty (30) days, or both; (B) For a second offense, the person is guilty of an unclassified misdemeanor and shall receive a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisonment in the county jail or regional detention facility not to exceed ninety (90) days, or both; and (C) For a third or subsequent offense, the person is guilty of an unclassified misdemeanor and shall receive a fine of not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000) or imprisonment in the county jail or regional detention facility not to exceed one (1) year, or both. (2) Making, uttering, or delivering one (1) or more instruments or transactions drawn on insufficient funds or drawn on a nonexistent account is a Class B felony if: (A) The amount of any one (1) instrument or transaction is twenty-five thousand dollars ($25,000) or more; or (B) More than one (1) instrument or transaction has been drawn within a ninety-day period, each instrument or transaction is in an amount less than twenty-five thousand dollars ($25,000), and the total amount of all such instruments or transactions is twenty-five thousand dollars ($25,000) or more. (3) Making, uttering, or delivering one (1) or more instruments or transactions drawn on insufficient funds or drawn on nonexistent accounts is a Class C felony if: (A) The amount of any one (1) instrument or transaction is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or (B) More than one (1) instrument or transaction has been drawn within a ninety-day period, each instrument or transaction is in an amount of five thousand dollars ($5,000) or less, and the total amount of all such instruments or transactions is more than five thousand dollars ($5,000). (4) Making, uttering, or delivering one (1) or more instruments or transactions drawn on insufficient funds or drawn on nonexistent accounts is a Class D felony if: (A) The amount of any one (1) instrument or transaction is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); or (B) More than one (1) instrument or transaction has been drawn within a ninety-day period, each instrument or transaction is in an amount of one thousand dollars ($1,000) or less, and the total amount of all such instruments or transactions is more than one thousand dollars ($1,000). (5) Under subdivisions (b)(2)(B), (b)(3)(B), and (b)(4)(B) of this section, each instrument or transaction may be added together in a single prosecution.

(1) Upon a determination of guilt of a person under this section, in the event that the order, draft, check, or other form of presentment involving the transmission of account information is one thousand dollars ($1,000) or less, the penalties shall be as follows: (A) For a first offense, the person is guilty of an unclassified misdemeanor and shall receive a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisonment in the county jail or regional detention facility not to exceed thirty (30) days, or both; (B) For a second offense, the person is guilty of an unclassified misdemeanor and shall receive a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisonment in the county jail or regional detention facility not to exceed ninety (90) days, or both; and (C) For a third or subsequent offense, the person is guilty of an unclassified misdemeanor and shall receive a fine of not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000) or imprisonment in the county jail or regional detention facility not to exceed one (1) year, or both.

(A) For a first offense, the person is guilty of an unclassified misdemeanor and shall receive a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisonment in the county jail or regional detention facility not to exceed thirty (30) days, or both;

(B) For a second offense, the person is guilty of an unclassified misdemeanor and shall receive a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisonment in the county jail or regional detention facility not to exceed ninety (90) days, or both; and

(C) For a third or subsequent offense, the person is guilty of an unclassified misdemeanor and shall receive a fine of not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000) or imprisonment in the county jail or regional detention facility not to exceed one (1) year, or both.

(2) Making, uttering, or delivering one (1) or more instruments or transactions drawn on insufficient funds or drawn on a nonexistent account is a Class B felony if: (A) The amount of any one (1) instrument or transaction is twenty-five thousand dollars ($25,000) or more; or (B) More than one (1) instrument or transaction has been drawn within a ninety-day period, each instrument or transaction is in an amount less than twenty-five thousand dollars ($25,000), and the total amount of all such instruments or transactions is twenty-five thousand dollars ($25,000) or more.

(A) The amount of any one (1) instrument or transaction is twenty-five thousand dollars ($25,000) or more; or

(B) More than one (1) instrument or transaction has been drawn within a ninety-day period, each instrument or transaction is in an amount less than twenty-five thousand dollars ($25,000), and the total amount of all such instruments or transactions is twenty-five thousand dollars ($25,000) or more.

(3) Making, uttering, or delivering one (1) or more instruments or transactions drawn on insufficient funds or drawn on nonexistent accounts is a Class C felony if: (A) The amount of any one (1) instrument or transaction is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or (B) More than one (1) instrument or transaction has been drawn within a ninety-day period, each instrument or transaction is in an amount of five thousand dollars ($5,000) or less, and the total amount of all such instruments or transactions is more than five thousand dollars ($5,000).

(A) The amount of any one (1) instrument or transaction is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or

(B) More than one (1) instrument or transaction has been drawn within a ninety-day period, each instrument or transaction is in an amount of five thousand dollars ($5,000) or less, and the total amount of all such instruments or transactions is more than five thousand dollars ($5,000).

(4) Making, uttering, or delivering one (1) or more instruments or transactions drawn on insufficient funds or drawn on nonexistent accounts is a Class D felony if: (A) The amount of any one (1) instrument or transaction is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); or (B) More than one (1) instrument or transaction has been drawn within a ninety-day period, each instrument or transaction is in an amount of one thousand dollars ($1,000) or less, and the total amount of all such instruments or transactions is more than one thousand dollars ($1,000).

(A) The amount of any one (1) instrument or transaction is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); or

(B) More than one (1) instrument or transaction has been drawn within a ninety-day period, each instrument or transaction is in an amount of one thousand dollars ($1,000) or less, and the total amount of all such instruments or transactions is more than one thousand dollars ($1,000).

(5) Under subdivisions (b)(2)(B), (b)(3)(B), and (b)(4)(B) of this section, each instrument or transaction may be added together in a single prosecution.

Amended by Act 2015, No. 1263,§ 10, eff. 7/22/2015.

Acts 1959, No. 241, §§ 2-4; 1977, No. 155, § 1; 1981, No. 899, §§ 1, 2, 4; 1985, No. 1012, § 1; A.S.A. 1947, §§ 67-720, 67-721, 67-725; Acts 1987, No. 69, § 1; 1991, No. 1051, § 1; 2001, No. 1466, § 1.
Ark. Code Ann. § 5-64-207 — AR Code / Title 5 / Chapter 64 / Subchapter 2 / Section 5-64-207
Criteria for Schedule III
Status: in_force

The Secretary of the Department of Health shall place a substance in Schedule III if he or she finds that: (1) The substance has a potential for abuse less than the substances listed in Schedules I and II; (2) The substance has currently accepted medical use in treatment in the United States; and (3) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence. Amended by Act 2019, No. 910,§ 4835, eff. 7/1/2019. Acts 1971, No. 590, Art. 2, § 7; 1973, No. 186, § 1; 1979, No. 898, § 7; A.S.A. 1947, § 82-2608.

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

(1) The substance has a potential for abuse less than the substances listed in Schedules I and II;

(2) The substance has currently accepted medical use in treatment in the United States; and

(3) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.

Amended by Act 2019, No. 910,§ 4835, eff. 7/1/2019.

Acts 1971, No. 590, Art. 2, § 7; 1973, No. 186, § 1; 1979, No. 898, § 7; A.S.A. 1947, § 82-2608.
Ark. Code Ann. § 5-68-204 — AR Code / Title 5 / Chapter 68 / Subchapter 2 / Section 5-68-204
Nudism
Status: in_force

(a) As used in this section, "nudism" means the act or acts of a person or persons congregating or gathering with his, her, or their private parts exposed in the presence of one (1) or more persons of the opposite sex as a form of social practice. (b) The provisions of this section do not apply to the enumerated acts if: (1) The purpose of the person committing the act or acts is to render medical or surgical treatment or to determine the need for medical or surgical treatment or to cleanse such sexual part, and the person committing the act: (A) Is a licensed physician, as defined by § 17-80-101 , or any such physician of a sister state making a professional call into Arkansas; (B) Committed the act under the professional direction of any physician described in subdivision (b)(1)(A) of this section; or (C) Is a nurse duly registered or licensed by the Arkansas State Board of Nursing; or (2) The persons are married legally one to another. (c) It is unlawful for any: (1) Person, club, camp, corporation, partnership, association, or organization to advocate, demonstrate, or promote nudism; or (2) Person to rent, lease, or otherwise permit his or her land, premises, or buildings to be used for the purpose of advocating, demonstrating, or promoting nudism. (d) Any person, club, camp, corporation, partnership, association, or organization violating any provision of this section is guilty of a Class A misdemeanor for each offense. (e) This section does not repeal any existing laws of the State of Arkansas except those in direct conflict with this section but this section is cumulative to the existing laws of the State of Arkansas. Acts 1957, No. 38, §§ 1-4; A.S.A. 1947, §§ 41-3558 -- 41-3561; Acts 2005, No. 1994, § 351.

(a) As used in this section, "nudism" means the act or acts of a person or persons congregating or gathering with his, her, or their private parts exposed in the presence of one (1) or more persons of the opposite sex as a form of social practice.

(b) The provisions of this section do not apply to the enumerated acts if: (1) The purpose of the person committing the act or acts is to render medical or surgical treatment or to determine the need for medical or surgical treatment or to cleanse such sexual part, and the person committing the act: (A) Is a licensed physician, as defined by § 17-80-101 , or any such physician of a sister state making a professional call into Arkansas; (B) Committed the act under the professional direction of any physician described in subdivision (b)(1)(A) of this section; or (C) Is a nurse duly registered or licensed by the Arkansas State Board of Nursing; or (2) The persons are married legally one to another.

(1) The purpose of the person committing the act or acts is to render medical or surgical treatment or to determine the need for medical or surgical treatment or to cleanse such sexual part, and the person committing the act: (A) Is a licensed physician, as defined by § 17-80-101 , or any such physician of a sister state making a professional call into Arkansas; (B) Committed the act under the professional direction of any physician described in subdivision (b)(1)(A) of this section; or (C) Is a nurse duly registered or licensed by the Arkansas State Board of Nursing; or

(A) Is a licensed physician, as defined by § 17-80-101 , or any such physician of a sister state making a professional call into Arkansas;

(B) Committed the act under the professional direction of any physician described in subdivision (b)(1)(A) of this section; or

(C) Is a nurse duly registered or licensed by the Arkansas State Board of Nursing; or

(2) The persons are married legally one to another.

(c) It is unlawful for any: (1) Person, club, camp, corporation, partnership, association, or organization to advocate, demonstrate, or promote nudism; or (2) Person to rent, lease, or otherwise permit his or her land, premises, or buildings to be used for the purpose of advocating, demonstrating, or promoting nudism.

(1) Person, club, camp, corporation, partnership, association, or organization to advocate, demonstrate, or promote nudism; or

(2) Person to rent, lease, or otherwise permit his or her land, premises, or buildings to be used for the purpose of advocating, demonstrating, or promoting nudism.

(d) Any person, club, camp, corporation, partnership, association, or organization violating any provision of this section is guilty of a Class A misdemeanor for each offense.

(e) This section does not repeal any existing laws of the State of Arkansas except those in direct conflict with this section but this section is cumulative to the existing laws of the State of Arkansas.

Acts 1957, No. 38, §§ 1-4; A.S.A. 1947, §§ 41-3558 -- 41-3561; Acts 2005, No. 1994, § 351.
Ark. Code Ann. § 5-55-301 — AR Code / Title 5 / Chapter 55 / Subchapter 3 / Section 5-55-301
Penalty - Notice - Prosecution
Status: in_force

(a) (1) It is unlawful for any person to knowingly make any material false statement or representation to the State Department for Social Security Administration Disability Determination for the purpose of: (A) Obtaining any benefit or payment; (B) Defeating or wrongfully increasing or wrongfully decreasing any claim for benefit or payment; or (C) Aiding and abetting another person in violation of subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section. (2) Upon conviction, a person who violates subdivision (a)(1) of this section is guilty of a Class D felony. (b) A copy of subsection (a) of this section shall be placed on all forms prescribed by the State Department for Social Security Administration Disability Determination for the use of a person claiming a benefit, a provider participating in the claims process, and any other party involved in the claims process. (c) When the department finds a violation of subsection (a) of this section, the Director of the State Department for Social Security Administration Disability Determination shall refer the matter for appropriate action to the prosecuting attorney of the district where the original claim was filed. Acts 1995, No. 862, § 6; 2007, No. 827, § 50.

(a) (1) It is unlawful for any person to knowingly make any material false statement or representation to the State Department for Social Security Administration Disability Determination for the purpose of: (A) Obtaining any benefit or payment; (B) Defeating or wrongfully increasing or wrongfully decreasing any claim for benefit or payment; or (C) Aiding and abetting another person in violation of subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section. (2) Upon conviction, a person who violates subdivision (a)(1) of this section is guilty of a Class D felony.

(1) It is unlawful for any person to knowingly make any material false statement or representation to the State Department for Social Security Administration Disability Determination for the purpose of: (A) Obtaining any benefit or payment; (B) Defeating or wrongfully increasing or wrongfully decreasing any claim for benefit or payment; or (C) Aiding and abetting another person in violation of subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section.

(A) Obtaining any benefit or payment;

(B) Defeating or wrongfully increasing or wrongfully decreasing any claim for benefit or payment; or

(C) Aiding and abetting another person in violation of subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section.

(2) Upon conviction, a person who violates subdivision (a)(1) of this section is guilty of a Class D felony.

(b) A copy of subsection (a) of this section shall be placed on all forms prescribed by the State Department for Social Security Administration Disability Determination for the use of a person claiming a benefit, a provider participating in the claims process, and any other party involved in the claims process.

(c) When the department finds a violation of subsection (a) of this section, the Director of the State Department for Social Security Administration Disability Determination shall refer the matter for appropriate action to the prosecuting attorney of the district where the original claim was filed.

Acts 1995, No. 862, § 6; 2007, No. 827, § 50.
Ark. Code Ann. § 5-38-101 — AR Code / Title 5 / Chapter 38 / Subchapter 1 / Section 5-38-101
Definitions
Status: in_force

As used in this chapter: (1) "Catastrophe" means: (A) Serious physical injury or death to five (5) or more persons; or (B) Substantial damage to five (5) or more occupiable structures or property loss in excess of five hundred thousand dollars ($500,000); (2) "Critical infrastructure" means any of the following facilities that are either completely enclosed by a fence or other physical barrier that is designed to exclude persons without permission to be in the facility or otherwise is clearly marked with signs that are reasonably likely to be seen by another person that indicate entry or unauthorized access is forbidden without facility authorization: (A) A chemical or rubber manufacturing facility; (B) A water intake structure, water treatment facility, wastewater facility, drainage facility, water management facility, or any similar water or sewage treatment system and the water or sewage treatment system's piping; (C) A food processing or manufacturing facility; (D) A natural gas company facility, an underground gas storage facility, or interstate natural gas pipeline, including without limitation: (i) A pipeline interconnection; (ii) A natural gas compressor station and associated facility; (iii) A city gate or town border station; (iv) A metering station; (v) Aboveground piping; (vi) A regulator station; (vii) A valve site; (viii) A delivery station; and (ix) Fabricated assembly and any part of a natural gas storage facility involved in the gathering, storage, transmission, or distribution of gas; (E) Wireline or wireless telecommunications infrastructure, including telecommunications towers, telephone poles, telephone lines, and fiber optic lines; (F) A port, trucking terminal, or other freight transportation facility; (G) A gas processing plant, including a gas processing plant used in the processing, treatment, or fractionation of natural gas or natural gas liquids; (H) A crude oil or refined products storage and distribution facility, including without limitation: (i) A valve site; (ii) A pipeline interconnection; (iii) A pump station; (iv) A metering station; (v) A belowground or aboveground pipeline or piping; (vi) A truck loading or off-loading facility; and (vii) An aboveground portion of a well, well pad, or production operation; (I) A laydown area or construction site for pipe and other equipment intended for use on an interstate or intrastate natural gas or crude oil pipeline; (J) A portion of an oil, gas, hazardous liquid, or chemical pipeline, tank, or other storage facility that is aboveground; (K) A video service network and broadband infrastructure, including without limitation: (i) Associated buildings and facilities; (ii) Video service headends, towers, utility poles, and utility lines; and (iii) Fiber optic lines; (L) A mining operation, including any processing equipment, batching operation, or support facility for that mining operation; (M) A facility installed in a public right-of-way on a utility pole or in a conduit that is aboveground and concerns a video service network or broadband or wireless telecommunications infrastructure; (N) Railroad property; and (O) Property owned by and considered an electronic asset of any of the following: (i) An electric utility; (ii) An electric cooperative; (iii) A municipal electric utility; (iv) A natural gas company that is a public utility; (v) A telephone company that is a public utility; or (vi) A video service provider, including a cable operator; (3) "Electronic asset" means: (A) The hardware, software, and data of a programmable electronic device; (B) All communications, operations, and customer data networks; and (C) The contents of customer data networks; (4) (A) "Occupiable structure" means a vehicle, building, or other structure: (i) In which any person lives or carries on a business or other calling; (ii) In which people assemble for a purpose of business, government, education, religion, entertainment, or public transportation; or (iii) That is customarily used for overnight accommodation of a person, whether or not a person is actually present. (B) "Occupiable structure" includes each unit of an occupiable structure divided into a separately occupied unit; (5) "Property" means real property or tangible or intangible personal property, including money or any paper or document that represents or embodies anything of value; (6) "Property of another person" means any property in which any person or government other than the actor has a possessory or proprietary interest; and (7) "Vital public facility" means a facility maintained for use for: (A) Public communication, transportation, or supply of water, gas, or power; (B) Law enforcement; (C) Fire protection; (D) Civil or national defense; or (E) Other public service. Amended by Act 2023, No. 419,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 712,§ 1, eff. 7/28/2021. Acts 1975, No. 280, § 1901; A.S.A. 1947, § 41-1901; Acts 2003, No. 1342, § 1.

As used in this chapter:

(1) "Catastrophe" means: (A) Serious physical injury or death to five (5) or more persons; or (B) Substantial damage to five (5) or more occupiable structures or property loss in excess of five hundred thousand dollars ($500,000);

(A) Serious physical injury or death to five (5) or more persons; or

(B) Substantial damage to five (5) or more occupiable structures or property loss in excess of five hundred thousand dollars ($500,000);

(2) "Critical infrastructure" means any of the following facilities that are either completely enclosed by a fence or other physical barrier that is designed to exclude persons without permission to be in the facility or otherwise is clearly marked with signs that are reasonably likely to be seen by another person that indicate entry or unauthorized access is forbidden without facility authorization: (A) A chemical or rubber manufacturing facility; (B) A water intake structure, water treatment facility, wastewater facility, drainage facility, water management facility, or any similar water or sewage treatment system and the water or sewage treatment system's piping; (C) A food processing or manufacturing facility; (D) A natural gas company facility, an underground gas storage facility, or interstate natural gas pipeline, including without limitation: (i) A pipeline interconnection; (ii) A natural gas compressor station and associated facility; (iii) A city gate or town border station; (iv) A metering station; (v) Aboveground piping; (vi) A regulator station; (vii) A valve site; (viii) A delivery station; and (ix) Fabricated assembly and any part of a natural gas storage facility involved in the gathering, storage, transmission, or distribution of gas; (E) Wireline or wireless telecommunications infrastructure, including telecommunications towers, telephone poles, telephone lines, and fiber optic lines; (F) A port, trucking terminal, or other freight transportation facility; (G) A gas processing plant, including a gas processing plant used in the processing, treatment, or fractionation of natural gas or natural gas liquids; (H) A crude oil or refined products storage and distribution facility, including without limitation: (i) A valve site; (ii) A pipeline interconnection; (iii) A pump station; (iv) A metering station; (v) A belowground or aboveground pipeline or piping; (vi) A truck loading or off-loading facility; and (vii) An aboveground portion of a well, well pad, or production operation; (I) A laydown area or construction site for pipe and other equipment intended for use on an interstate or intrastate natural gas or crude oil pipeline; (J) A portion of an oil, gas, hazardous liquid, or chemical pipeline, tank, or other storage facility that is aboveground; (K) A video service network and broadband infrastructure, including without limitation: (i) Associated buildings and facilities; (ii) Video service headends, towers, utility poles, and utility lines; and (iii) Fiber optic lines; (L) A mining operation, including any processing equipment, batching operation, or support facility for that mining operation; (M) A facility installed in a public right-of-way on a utility pole or in a conduit that is aboveground and concerns a video service network or broadband or wireless telecommunications infrastructure; (N) Railroad property; and (O) Property owned by and considered an electronic asset of any of the following: (i) An electric utility; (ii) An electric cooperative; (iii) A municipal electric utility; (iv) A natural gas company that is a public utility; (v) A telephone company that is a public utility; or (vi) A video service provider, including a cable operator;

(A) A chemical or rubber manufacturing facility;

(B) A water intake structure, water treatment facility, wastewater facility, drainage facility, water management facility, or any similar water or sewage treatment system and the water or sewage treatment system's piping;

(C) A food processing or manufacturing facility;

(D) A natural gas company facility, an underground gas storage facility, or interstate natural gas pipeline, including without limitation: (i) A pipeline interconnection; (ii) A natural gas compressor station and associated facility; (iii) A city gate or town border station; (iv) A metering station; (v) Aboveground piping; (vi) A regulator station; (vii) A valve site; (viii) A delivery station; and (ix) Fabricated assembly and any part of a natural gas storage facility involved in the gathering, storage, transmission, or distribution of gas;

(i) A pipeline interconnection;

(ii) A natural gas compressor station and associated facility;

(iii) A city gate or town border station;

(iv) A metering station;

(v) Aboveground piping;

(vi) A regulator station;

(vii) A valve site;

(viii) A delivery station; and

(ix) Fabricated assembly and any part of a natural gas storage facility involved in the gathering, storage, transmission, or distribution of gas;

(E) Wireline or wireless telecommunications infrastructure, including telecommunications towers, telephone poles, telephone lines, and fiber optic lines;

(F) A port, trucking terminal, or other freight transportation facility;

(G) A gas processing plant, including a gas processing plant used in the processing, treatment, or fractionation of natural gas or natural gas liquids;

(H) A crude oil or refined products storage and distribution facility, including without limitation: (i) A valve site; (ii) A pipeline interconnection; (iii) A pump station; (iv) A metering station; (v) A belowground or aboveground pipeline or piping; (vi) A truck loading or off-loading facility; and (vii) An aboveground portion of a well, well pad, or production operation;

(i) A valve site;

(ii) A pipeline interconnection;

(iii) A pump station;

(iv) A metering station;

(v) A belowground or aboveground pipeline or piping;

(vi) A truck loading or off-loading facility; and

(vii) An aboveground portion of a well, well pad, or production operation;

(I) A laydown area or construction site for pipe and other equipment intended for use on an interstate or intrastate natural gas or crude oil pipeline;

(J) A portion of an oil, gas, hazardous liquid, or chemical pipeline, tank, or other storage facility that is aboveground;

(K) A video service network and broadband infrastructure, including without limitation: (i) Associated buildings and facilities; (ii) Video service headends, towers, utility poles, and utility lines; and (iii) Fiber optic lines;

(i) Associated buildings and facilities;

(ii) Video service headends, towers, utility poles, and utility lines; and

(iii) Fiber optic lines;

(L) A mining operation, including any processing equipment, batching operation, or support facility for that mining operation;

(M) A facility installed in a public right-of-way on a utility pole or in a conduit that is aboveground and concerns a video service network or broadband or wireless telecommunications infrastructure;

(N) Railroad property; and

(O) Property owned by and considered an electronic asset of any of the following: (i) An electric utility; (ii) An electric cooperative; (iii) A municipal electric utility; (iv) A natural gas company that is a public utility; (v) A telephone company that is a public utility; or (vi) A video service provider, including a cable operator;

(i) An electric utility;

(ii) An electric cooperative;

(iii) A municipal electric utility;

(iv) A natural gas company that is a public utility;

(v) A telephone company that is a public utility; or

(vi) A video service provider, including a cable operator;

(3) "Electronic asset" means: (A) The hardware, software, and data of a programmable electronic device; (B) All communications, operations, and customer data networks; and (C) The contents of customer data networks;

(A) The hardware, software, and data of a programmable electronic device;

(B) All communications, operations, and customer data networks; and

(C) The contents of customer data networks;

(4) (A) "Occupiable structure" means a vehicle, building, or other structure: (i) In which any person lives or carries on a business or other calling; (ii) In which people assemble for a purpose of business, government, education, religion, entertainment, or public transportation; or (iii) That is customarily used for overnight accommodation of a person, whether or not a person is actually present. (B) "Occupiable structure" includes each unit of an occupiable structure divided into a separately occupied unit;

(A) "Occupiable structure" means a vehicle, building, or other structure: (i) In which any person lives or carries on a business or other calling; (ii) In which people assemble for a purpose of business, government, education, religion, entertainment, or public transportation; or (iii) That is customarily used for overnight accommodation of a person, whether or not a person is actually present.

(i) In which any person lives or carries on a business or other calling;

(ii) In which people assemble for a purpose of business, government, education, religion, entertainment, or public transportation; or

(iii) That is customarily used for overnight accommodation of a person, whether or not a person is actually present.

(B) "Occupiable structure" includes each unit of an occupiable structure divided into a separately occupied unit;

(5) "Property" means real property or tangible or intangible personal property, including money or any paper or document that represents or embodies anything of value;

(6) "Property of another person" means any property in which any person or government other than the actor has a possessory or proprietary interest; and

(7) "Vital public facility" means a facility maintained for use for: (A) Public communication, transportation, or supply of water, gas, or power; (B) Law enforcement; (C) Fire protection; (D) Civil or national defense; or (E) Other public service.

(A) Public communication, transportation, or supply of water, gas, or power;

(B) Law enforcement;

(C) Fire protection;

(D) Civil or national defense; or

(E) Other public service.

Amended by Act 2023, No. 419,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 712,§ 1, eff. 7/28/2021.

Acts 1975, No. 280, § 1901; A.S.A. 1947, § 41-1901; Acts 2003, No. 1342, § 1.