Ark. Code Ann. § 5-2-329 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-329
Data to be maintained by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services
Status: in_force

(a) (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall maintain a database of all examinations of defendants performed under this subchapter. (2) The database shall be maintained in a manner that enables it to generate reports and compile data with or without personal identifying information. (3) The database shall contain without limitation: (A) The defendant's information on the uniform order required under § 5-2-327 or § 5-2-328 ; (B) The name of the judge who ordered the examination, if known; (C) The name of the attorney who requested the examination, if known; (D) The name of the examiner who conducted the examination; (E) The result of the examination; (F) If the defendant was examined regarding his or her fitness to proceed, whether the defendant had his or her fitness to proceed restored; and (G) If the defendant was found not guilty or acquitted because of the affirmative defense of lack of criminal responsibility, the defendant's progress through his or her commitment and conditional release. (b) The database should be designed in a manner that allows reports to be generated for the General Assembly, researchers, and the public to track the efficiency and effectiveness of the examination process and the restoration and treatment programs of the division without invading the privacy of individual defendants and patients. Added by Act 2017, No. 472,§ 16, eff. 8/1/2017.

(a) (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall maintain a database of all examinations of defendants performed under this subchapter. (2) The database shall be maintained in a manner that enables it to generate reports and compile data with or without personal identifying information. (3) The database shall contain without limitation: (A) The defendant's information on the uniform order required under § 5-2-327 or § 5-2-328 ; (B) The name of the judge who ordered the examination, if known; (C) The name of the attorney who requested the examination, if known; (D) The name of the examiner who conducted the examination; (E) The result of the examination; (F) If the defendant was examined regarding his or her fitness to proceed, whether the defendant had his or her fitness to proceed restored; and (G) If the defendant was found not guilty or acquitted because of the affirmative defense of lack of criminal responsibility, the defendant's progress through his or her commitment and conditional release.

(1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall maintain a database of all examinations of defendants performed under this subchapter.

(2) The database shall be maintained in a manner that enables it to generate reports and compile data with or without personal identifying information.

(3) The database shall contain without limitation: (A) The defendant's information on the uniform order required under § 5-2-327 or § 5-2-328 ; (B) The name of the judge who ordered the examination, if known; (C) The name of the attorney who requested the examination, if known; (D) The name of the examiner who conducted the examination; (E) The result of the examination; (F) If the defendant was examined regarding his or her fitness to proceed, whether the defendant had his or her fitness to proceed restored; and (G) If the defendant was found not guilty or acquitted because of the affirmative defense of lack of criminal responsibility, the defendant's progress through his or her commitment and conditional release.

(A) The defendant's information on the uniform order required under § 5-2-327 or § 5-2-328 ;

(B) The name of the judge who ordered the examination, if known;

(C) The name of the attorney who requested the examination, if known;

(D) The name of the examiner who conducted the examination;

(E) The result of the examination;

(F) If the defendant was examined regarding his or her fitness to proceed, whether the defendant had his or her fitness to proceed restored; and

(G) If the defendant was found not guilty or acquitted because of the affirmative defense of lack of criminal responsibility, the defendant's progress through his or her commitment and conditional release.

(b) The database should be designed in a manner that allows reports to be generated for the General Assembly, researchers, and the public to track the efficiency and effectiveness of the examination process and the restoration and treatment programs of the division without invading the privacy of individual defendants and patients.

Added by Act 2017, No. 472,§ 16, eff. 8/1/2017.
Ark. Code Ann. § 5-68-202 — AR Code / Title 5 / Chapter 68 / Subchapter 2 / Section 5-68-202
Sale or possession of literature rejected by U.S. mail
Status: in_force

(a) It is unlawful for any person, firm, or corporation to sell or to offer for sale or to have in possession any magazine, paper, or other literature or printed book, picture, or matter the shipment or transportation of which has been refused and rejected from the United States mail or which literature or literature of like character the United States Government does not permit to be sold, shipped, or handled. (b) (1) Any violation of a provision of this section constitutes a violation and upon conviction the offender is subject to a fine of any sum not less than fifty dollars ($50.00) nor more than one hundred dollars ($100). (2) Each day that this section is violated constitutes a separate offense. Acts 1931, No. 155, §§ 1, 2; Pope's Dig., §§ 3381, 3382; A.S.A. 1947, §§ 41-3556, 41-3557; Acts 2005, No. 1994, § 55.

(a) It is unlawful for any person, firm, or corporation to sell or to offer for sale or to have in possession any magazine, paper, or other literature or printed book, picture, or matter the shipment or transportation of which has been refused and rejected from the United States mail or which literature or literature of like character the United States Government does not permit to be sold, shipped, or handled.

(b) (1) Any violation of a provision of this section constitutes a violation and upon conviction the offender is subject to a fine of any sum not less than fifty dollars ($50.00) nor more than one hundred dollars ($100). (2) Each day that this section is violated constitutes a separate offense.

(1) Any violation of a provision of this section constitutes a violation and upon conviction the offender is subject to a fine of any sum not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).

(2) Each day that this section is violated constitutes a separate offense.

Acts 1931, No. 155, §§ 1, 2; Pope's Dig., §§ 3381, 3382; A.S.A. 1947, §§ 41-3556, 41-3557; Acts 2005, No. 1994, § 55.
Ark. Code Ann. § 5-73-322 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-322
Concealed handguns in a university, college, or community college building
Status: in_force

(a) (1) As used in this section, "public university, public college, or community college" means an institution that: (A) Regularly receives budgetary support from the state government; (B) Is part of the University of Arkansas or Arkansas State University systems; or (C) Is required to report to the Arkansas Higher Education Coordinating Board. (2) "Public university, public college, or community college" includes without limitation a public technical institute. (3) "Public university, public college, or community college" does not include a private university or private college solely because: (A) Students attending the private university or private college receive state-supported scholarships; or (B) The private university or private college voluntarily reports to the board. (b) A licensee who has completed the training required under subsection (g) of this section may possess a concealed handgun in the buildings and on the grounds of a public university, public college, or community college, whether owned or leased by the public university, public college, or community college, unless otherwise prohibited by this section or § 5-73-306 . (c) (1) A licensee may possess a concealed handgun in the buildings and on the grounds of a private university or private college unless otherwise prohibited by this section or § 5-73-306 if the private university or private college does not adopt a policy expressly disallowing the carrying of a concealed handgun in the buildings and on the grounds of the private university or private college. (2) (A) A private university or private college that adopts a policy expressly disallowing the carrying of a concealed handgun in the buildings and on the grounds of the private university or private college shall post notices as described in § 5-73-306(18) . (B) A private university or private college that adopts a policy only allowing carrying of a concealed handgun under this section shall post notices as described in § 5-73-306(18) and subdivision (c)(2)(C) of this section. (C) If a private university or private college permits carrying a concealed handgun under this section, the private university or private college may revise any sign or notice required to be posted under § 5-73-306(18) to indicate that carrying a concealed handgun under this section is permitted. (d) The storage of a handgun in a university or college-operated student dormitory or residence hall is prohibited under § 5-73-119(c) . (e) (1) A licensee who may carry a concealed handgun in the buildings and on the grounds of a public university, public college, or community college under this section may not carry a concealed handgun into a location in which an official meeting lasting no more than nine (9) hours is being conducted in accordance with documented grievance and disciplinary procedures as established by the public university, public college, or community college if: (A) At least twenty-four (24) hours' notice is given to participants of the official meeting; (B) Notice is posted on the door of or each entryway into the location in which the official meeting is being conducted that possession of a concealed handgun by a licensee under this section is prohibited during the official meeting; and (C) The area of a building prohibited under this subdivision (e)(1) is no larger than necessary to complete the grievance or disciplinary meeting. (2) A person who knowingly violates subdivision (e)(1) of this section upon conviction is guilty of: (A) A violation for a first offense and subject to a fine not exceeding one hundred dollars ($100); and (B) A Class C misdemeanor for a second or subsequent offense. (f) This section does not affect a licensee's ability to store a concealed handgun in his or her vehicle under § 5-73-306(13)(B)(v) . (g) (1) A licensee who intends to carry a concealed handgun in the buildings and on the grounds of a public university, public college, or community college is required to complete a training course approved by the Director of the Division of Arkansas State Police. (2) (A) Training required under this subsection shall: (i) Not be required to be renewed; (ii) Consist of a course of up to eight (8) hours; (iii) Be offered at the training instructor's option at concealed carry training courses; and (iv) Cost no more than a nominal amount. (B) The director may waive up to four (4) hours of the training required under this subsection for a licensee based on the licensee's prior training attended within ten (10) years of applying for the endorsement provided for under subdivision (g)(3) of this section on appropriate topics. (3) A licensee who completes a training course under this subsection shall be given a concealed carry endorsement by the Division of Arkansas State Police on his or her license to carry a concealed handgun indicating that the person is permitted to possess and carry a concealed handgun in the buildings and on the grounds of a public university, public college, or community college. (h) A licensee who completes a training course and obtains a concealed carry endorsement under subsection (g) of this section is exempted from the prohibitions and restrictions on: (1) Carrying a firearm in a publicly owned building or facility under § 5-73-122 , if the firearm is a concealed handgun; and (2) Carrying a concealed handgun in a prohibited place listed under § 5-73-306(7) -(12), (14), (15), and (17), unless otherwise prohibited under § 5-73-306(19) or § 5-73-306(20) . (i) The division shall maintain a list of licensees who have successfully completed a training course under subsection (g) of this section. (j) (1) Unless possession of a concealed handgun is a requirement of a licensee's job description, the possession of a concealed handgun under this section is a personal choice made by the licensee and not a requirement of the employing public university, public college, or community college. (2) A licensee who possesses a concealed handgun in the buildings and on the grounds of a public university, public college, or community college at which the licensee is employed is not: (A) Acting in the course of or scope of his or her employment when possessing or using a concealed handgun; (B) Entitled to worker's compensation benefits for injuries arising from his or her own negligent acts in possessing or using a concealed handgun; (C) Immune from personal liability with respect to possession or use of a concealed handgun; or (D) Permitted to carry a concealed handgun openly or in any other manner in which the concealed handgun is visible to ordinary observation. (3) A public university, public college, or community college is immune from a claim for monetary damages arising from or related to a licensee's use of, or failure to use, a concealed handgun if the licensee elects to possess a concealed handgun under this section. Amended by Act 2020F, No. 97,§ 46, eff. 7/1/2020. Amended by Act 2019, No. 910,§ 5755, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5754, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5753, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5752, eff. 7/1/2019. Amended by Act 2017, No. 859,§ 7, eff. 9/1/2017. Amended by Act 2017, No. 859,§ 8, eff. 9/1/2017. Amended by Act 2017, No. 562,§ 6, eff. 9/1/2017. Amended by Act 2015, No. 1155,§ 16, eff. 7/22/2015. Added by Act 2013, No. 226,§ 5, eff. 8/16/2013.

(a) (1) As used in this section, "public university, public college, or community college" means an institution that: (A) Regularly receives budgetary support from the state government; (B) Is part of the University of Arkansas or Arkansas State University systems; or (C) Is required to report to the Arkansas Higher Education Coordinating Board. (2) "Public university, public college, or community college" includes without limitation a public technical institute. (3) "Public university, public college, or community college" does not include a private university or private college solely because: (A) Students attending the private university or private college receive state-supported scholarships; or (B) The private university or private college voluntarily reports to the board.

(1) As used in this section, "public university, public college, or community college" means an institution that: (A) Regularly receives budgetary support from the state government; (B) Is part of the University of Arkansas or Arkansas State University systems; or (C) Is required to report to the Arkansas Higher Education Coordinating Board.

(A) Regularly receives budgetary support from the state government;

(B) Is part of the University of Arkansas or Arkansas State University systems; or

(C) Is required to report to the Arkansas Higher Education Coordinating Board.

(2) "Public university, public college, or community college" includes without limitation a public technical institute.

(3) "Public university, public college, or community college" does not include a private university or private college solely because: (A) Students attending the private university or private college receive state-supported scholarships; or (B) The private university or private college voluntarily reports to the board.

(A) Students attending the private university or private college receive state-supported scholarships; or

(B) The private university or private college voluntarily reports to the board.

(b) A licensee who has completed the training required under subsection (g) of this section may possess a concealed handgun in the buildings and on the grounds of a public university, public college, or community college, whether owned or leased by the public university, public college, or community college, unless otherwise prohibited by this section or § 5-73-306 .

(c) (1) A licensee may possess a concealed handgun in the buildings and on the grounds of a private university or private college unless otherwise prohibited by this section or § 5-73-306 if the private university or private college does not adopt a policy expressly disallowing the carrying of a concealed handgun in the buildings and on the grounds of the private university or private college. (2) (A) A private university or private college that adopts a policy expressly disallowing the carrying of a concealed handgun in the buildings and on the grounds of the private university or private college shall post notices as described in § 5-73-306(18) . (B) A private university or private college that adopts a policy only allowing carrying of a concealed handgun under this section shall post notices as described in § 5-73-306(18) and subdivision (c)(2)(C) of this section. (C) If a private university or private college permits carrying a concealed handgun under this section, the private university or private college may revise any sign or notice required to be posted under § 5-73-306(18) to indicate that carrying a concealed handgun under this section is permitted.

(1) A licensee may possess a concealed handgun in the buildings and on the grounds of a private university or private college unless otherwise prohibited by this section or § 5-73-306 if the private university or private college does not adopt a policy expressly disallowing the carrying of a concealed handgun in the buildings and on the grounds of the private university or private college.

(2) (A) A private university or private college that adopts a policy expressly disallowing the carrying of a concealed handgun in the buildings and on the grounds of the private university or private college shall post notices as described in § 5-73-306(18) . (B) A private university or private college that adopts a policy only allowing carrying of a concealed handgun under this section shall post notices as described in § 5-73-306(18) and subdivision (c)(2)(C) of this section. (C) If a private university or private college permits carrying a concealed handgun under this section, the private university or private college may revise any sign or notice required to be posted under § 5-73-306(18) to indicate that carrying a concealed handgun under this section is permitted.

(A) A private university or private college that adopts a policy expressly disallowing the carrying of a concealed handgun in the buildings and on the grounds of the private university or private college shall post notices as described in § 5-73-306(18) .

(B) A private university or private college that adopts a policy only allowing carrying of a concealed handgun under this section shall post notices as described in § 5-73-306(18) and subdivision (c)(2)(C) of this section.

(C) If a private university or private college permits carrying a concealed handgun under this section, the private university or private college may revise any sign or notice required to be posted under § 5-73-306(18) to indicate that carrying a concealed handgun under this section is permitted.

(d) The storage of a handgun in a university or college-operated student dormitory or residence hall is prohibited under § 5-73-119(c) .

(e) (1) A licensee who may carry a concealed handgun in the buildings and on the grounds of a public university, public college, or community college under this section may not carry a concealed handgun into a location in which an official meeting lasting no more than nine (9) hours is being conducted in accordance with documented grievance and disciplinary procedures as established by the public university, public college, or community college if: (A) At least twenty-four (24) hours' notice is given to participants of the official meeting; (B) Notice is posted on the door of or each entryway into the location in which the official meeting is being conducted that possession of a concealed handgun by a licensee under this section is prohibited during the official meeting; and (C) The area of a building prohibited under this subdivision (e)(1) is no larger than necessary to complete the grievance or disciplinary meeting. (2) A person who knowingly violates subdivision (e)(1) of this section upon conviction is guilty of: (A) A violation for a first offense and subject to a fine not exceeding one hundred dollars ($100); and (B) A Class C misdemeanor for a second or subsequent offense.

(1) A licensee who may carry a concealed handgun in the buildings and on the grounds of a public university, public college, or community college under this section may not carry a concealed handgun into a location in which an official meeting lasting no more than nine (9) hours is being conducted in accordance with documented grievance and disciplinary procedures as established by the public university, public college, or community college if: (A) At least twenty-four (24) hours' notice is given to participants of the official meeting; (B) Notice is posted on the door of or each entryway into the location in which the official meeting is being conducted that possession of a concealed handgun by a licensee under this section is prohibited during the official meeting; and (C) The area of a building prohibited under this subdivision (e)(1) is no larger than necessary to complete the grievance or disciplinary meeting.

(A) At least twenty-four (24) hours' notice is given to participants of the official meeting;

(B) Notice is posted on the door of or each entryway into the location in which the official meeting is being conducted that possession of a concealed handgun by a licensee under this section is prohibited during the official meeting; and

(C) The area of a building prohibited under this subdivision (e)(1) is no larger than necessary to complete the grievance or disciplinary meeting.

(2) A person who knowingly violates subdivision (e)(1) of this section upon conviction is guilty of: (A) A violation for a first offense and subject to a fine not exceeding one hundred dollars ($100); and (B) A Class C misdemeanor for a second or subsequent offense.

(A) A violation for a first offense and subject to a fine not exceeding one hundred dollars ($100); and

(B) A Class C misdemeanor for a second or subsequent offense.

(f) This section does not affect a licensee's ability to store a concealed handgun in his or her vehicle under § 5-73-306(13)(B)(v) .

(g) (1) A licensee who intends to carry a concealed handgun in the buildings and on the grounds of a public university, public college, or community college is required to complete a training course approved by the Director of the Division of Arkansas State Police. (2) (A) Training required under this subsection shall: (i) Not be required to be renewed; (ii) Consist of a course of up to eight (8) hours; (iii) Be offered at the training instructor's option at concealed carry training courses; and (iv) Cost no more than a nominal amount. (B) The director may waive up to four (4) hours of the training required under this subsection for a licensee based on the licensee's prior training attended within ten (10) years of applying for the endorsement provided for under subdivision (g)(3) of this section on appropriate topics. (3) A licensee who completes a training course under this subsection shall be given a concealed carry endorsement by the Division of Arkansas State Police on his or her license to carry a concealed handgun indicating that the person is permitted to possess and carry a concealed handgun in the buildings and on the grounds of a public university, public college, or community college.

(1) A licensee who intends to carry a concealed handgun in the buildings and on the grounds of a public university, public college, or community college is required to complete a training course approved by the Director of the Division of Arkansas State Police.

(2) (A) Training required under this subsection shall: (i) Not be required to be renewed; (ii) Consist of a course of up to eight (8) hours; (iii) Be offered at the training instructor's option at concealed carry training courses; and (iv) Cost no more than a nominal amount. (B) The director may waive up to four (4) hours of the training required under this subsection for a licensee based on the licensee's prior training attended within ten (10) years of applying for the endorsement provided for under subdivision (g)(3) of this section on appropriate topics.

(A) Training required under this subsection shall: (i) Not be required to be renewed; (ii) Consist of a course of up to eight (8) hours; (iii) Be offered at the training instructor's option at concealed carry training courses; and (iv) Cost no more than a nominal amount.

(i) Not be required to be renewed;

(ii) Consist of a course of up to eight (8) hours;

(iii) Be offered at the training instructor's option at concealed carry training courses; and

(iv) Cost no more than a nominal amount.

(B) The director may waive up to four (4) hours of the training required under this subsection for a licensee based on the licensee's prior training attended within ten (10) years of applying for the endorsement provided for under subdivision (g)(3) of this section on appropriate topics.

(3) A licensee who completes a training course under this subsection shall be given a concealed carry endorsement by the Division of Arkansas State Police on his or her license to carry a concealed handgun indicating that the person is permitted to possess and carry a concealed handgun in the buildings and on the grounds of a public university, public college, or community college.

(h) A licensee who completes a training course and obtains a concealed carry endorsement under subsection (g) of this section is exempted from the prohibitions and restrictions on: (1) Carrying a firearm in a publicly owned building or facility under § 5-73-122 , if the firearm is a concealed handgun; and (2) Carrying a concealed handgun in a prohibited place listed under § 5-73-306(7) -(12), (14), (15), and (17), unless otherwise prohibited under § 5-73-306(19) or § 5-73-306(20) .

(1) Carrying a firearm in a publicly owned building or facility under § 5-73-122 , if the firearm is a concealed handgun; and

(2) Carrying a concealed handgun in a prohibited place listed under § 5-73-306(7) -(12), (14), (15), and (17), unless otherwise prohibited under § 5-73-306(19) or § 5-73-306(20) .

(i) The division shall maintain a list of licensees who have successfully completed a training course under subsection (g) of this section.

(j) (1) Unless possession of a concealed handgun is a requirement of a licensee's job description, the possession of a concealed handgun under this section is a personal choice made by the licensee and not a requirement of the employing public university, public college, or community college. (2) A licensee who possesses a concealed handgun in the buildings and on the grounds of a public university, public college, or community college at which the licensee is employed is not: (A) Acting in the course of or scope of his or her employment when possessing or using a concealed handgun; (B) Entitled to worker's compensation benefits for injuries arising from his or her own negligent acts in possessing or using a concealed handgun; (C) Immune from personal liability with respect to possession or use of a concealed handgun; or (D) Permitted to carry a concealed handgun openly or in any other manner in which the concealed handgun is visible to ordinary observation. (3) A public university, public college, or community college is immune from a claim for monetary damages arising from or related to a licensee's use of, or failure to use, a concealed handgun if the licensee elects to possess a concealed handgun under this section.

(1) Unless possession of a concealed handgun is a requirement of a licensee's job description, the possession of a concealed handgun under this section is a personal choice made by the licensee and not a requirement of the employing public university, public college, or community college.

(2) A licensee who possesses a concealed handgun in the buildings and on the grounds of a public university, public college, or community college at which the licensee is employed is not: (A) Acting in the course of or scope of his or her employment when possessing or using a concealed handgun; (B) Entitled to worker's compensation benefits for injuries arising from his or her own negligent acts in possessing or using a concealed handgun; (C) Immune from personal liability with respect to possession or use of a concealed handgun; or (D) Permitted to carry a concealed handgun openly or in any other manner in which the concealed handgun is visible to ordinary observation.

(A) Acting in the course of or scope of his or her employment when possessing or using a concealed handgun;

(B) Entitled to worker's compensation benefits for injuries arising from his or her own negligent acts in possessing or using a concealed handgun;

(C) Immune from personal liability with respect to possession or use of a concealed handgun; or

(D) Permitted to carry a concealed handgun openly or in any other manner in which the concealed handgun is visible to ordinary observation.

(3) A public university, public college, or community college is immune from a claim for monetary damages arising from or related to a licensee's use of, or failure to use, a concealed handgun if the licensee elects to possess a concealed handgun under this section.

Amended by Act 2020F, No. 97,§ 46, eff. 7/1/2020.

Amended by Act 2019, No. 910,§ 5755, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5754, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5753, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5752, eff. 7/1/2019.

Amended by Act 2017, No. 859,§ 7, eff. 9/1/2017.

Amended by Act 2017, No. 859,§ 8, eff. 9/1/2017.

Amended by Act 2017, No. 562,§ 6, eff. 9/1/2017.

Amended by Act 2015, No. 1155,§ 16, eff. 7/22/2015.

Added by Act 2013, No. 226,§ 5, eff. 8/16/2013.
Ark. Code Ann. § 5-73-320 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-320
License for certain members of the Arkansas National Guard or a reserve component or active duty military personnel
Status: in_force

(a) The Division of Arkansas State Police may issue a license under this subchapter to a person who: (1) Is currently serving as an active duty member of, or has recently been honorably discharged from, the United States Armed Forces, the National Guard, or a reserve component of the United States Armed Forces; (2) Submits the following documents: (A) A completed concealed handgun license application as prescribed by the division; (B) A form specified by the Director of the Division of Arkansas State Police reflecting the fingerprints of the applicant; (C) A properly completed and dated certificate from a concealed handgun carry training instructor who is registered with the division; (D) A letter dated and personally signed by a commanding officer or his or her designee stating that the applicant is of good character and sound judgment; (E) A form, as designated by the division, showing that the applicant has met the military qualification requirements for issuance and operation of a handgun within one (1) year of the application date; (F) A copy of the face or photograph side of a current uniformed services of the United States identification card, if the applicant is a member of the United States Armed Forces; and (G) An electronic passport-style photo of the applicant, if the applicant does not hold an Arkansas driver's license or identification card; and (3) Submits any required fees. (b) Except as otherwise specifically stated in this section, the license issued under this section is subject to the provisions of this subchapter and any rules promulgated under § 5-73-317 . Amended by Act 2019, No. 910,§ 5751, eff. 7/1/2019. Amended by Act 2017, No. 1017,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 989,§ 2, eff. 8/16/2013. Acts 2005, No. 1868, § 1; 2007, No. 664, § 7; 2007, No. 1014, § 3.

(a) The Division of Arkansas State Police may issue a license under this subchapter to a person who: (1) Is currently serving as an active duty member of, or has recently been honorably discharged from, the United States Armed Forces, the National Guard, or a reserve component of the United States Armed Forces; (2) Submits the following documents: (A) A completed concealed handgun license application as prescribed by the division; (B) A form specified by the Director of the Division of Arkansas State Police reflecting the fingerprints of the applicant; (C) A properly completed and dated certificate from a concealed handgun carry training instructor who is registered with the division; (D) A letter dated and personally signed by a commanding officer or his or her designee stating that the applicant is of good character and sound judgment; (E) A form, as designated by the division, showing that the applicant has met the military qualification requirements for issuance and operation of a handgun within one (1) year of the application date; (F) A copy of the face or photograph side of a current uniformed services of the United States identification card, if the applicant is a member of the United States Armed Forces; and (G) An electronic passport-style photo of the applicant, if the applicant does not hold an Arkansas driver's license or identification card; and (3) Submits any required fees.

(1) Is currently serving as an active duty member of, or has recently been honorably discharged from, the United States Armed Forces, the National Guard, or a reserve component of the United States Armed Forces;

(2) Submits the following documents: (A) A completed concealed handgun license application as prescribed by the division; (B) A form specified by the Director of the Division of Arkansas State Police reflecting the fingerprints of the applicant; (C) A properly completed and dated certificate from a concealed handgun carry training instructor who is registered with the division; (D) A letter dated and personally signed by a commanding officer or his or her designee stating that the applicant is of good character and sound judgment; (E) A form, as designated by the division, showing that the applicant has met the military qualification requirements for issuance and operation of a handgun within one (1) year of the application date; (F) A copy of the face or photograph side of a current uniformed services of the United States identification card, if the applicant is a member of the United States Armed Forces; and (G) An electronic passport-style photo of the applicant, if the applicant does not hold an Arkansas driver's license or identification card; and

(A) A completed concealed handgun license application as prescribed by the division;

(B) A form specified by the Director of the Division of Arkansas State Police reflecting the fingerprints of the applicant;

(C) A properly completed and dated certificate from a concealed handgun carry training instructor who is registered with the division;

(D) A letter dated and personally signed by a commanding officer or his or her designee stating that the applicant is of good character and sound judgment;

(E) A form, as designated by the division, showing that the applicant has met the military qualification requirements for issuance and operation of a handgun within one (1) year of the application date;

(F) A copy of the face or photograph side of a current uniformed services of the United States identification card, if the applicant is a member of the United States Armed Forces; and

(G) An electronic passport-style photo of the applicant, if the applicant does not hold an Arkansas driver's license or identification card; and

(3) Submits any required fees.

(b) Except as otherwise specifically stated in this section, the license issued under this section is subject to the provisions of this subchapter and any rules promulgated under § 5-73-317 .

Amended by Act 2019, No. 910,§ 5751, eff. 7/1/2019.

Amended by Act 2017, No. 1017,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 989,§ 2, eff. 8/16/2013.

Acts 2005, No. 1868, § 1; 2007, No. 664, § 7; 2007, No. 1014, § 3.
Ark. Code Ann. § 5-38-211 — AR Code / Title 5 / Chapter 38 / Subchapter 2 / Section 5-38-211
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1348,§ 2, eff. 8/16/2013. Rev. Stat., ch. 74, § 1; C. & M. Dig., § 344; A.S.A. 1947, § 78-1136.

Repealed by Act 2013, No. 1348,§ 2, eff. 8/16/2013.

Rev. Stat., ch. 74, § 1; C. & M. Dig., § 344; A.S.A. 1947, § 78-1136.
Ark. Code Ann. § 5-62-109 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-109
Immunity - Veterinarians
Status: in_force

(a) A licensed veterinarian or a person acting at the direction of a licensed veterinarian in Arkansas is: (1) Held harmless from either criminal or civil liability for any decision made or service rendered in conjunction with this subchapter; and (2) Immune from suit for his or her part in an investigation of cruelty to animals. (b) A veterinarian or person acting at the direction of a licensed veterinarian who participates or reports in bad faith or with malice is not protected under this subchapter. Acts 2009, No. 33, § 3.

(a) A licensed veterinarian or a person acting at the direction of a licensed veterinarian in Arkansas is: (1) Held harmless from either criminal or civil liability for any decision made or service rendered in conjunction with this subchapter; and (2) Immune from suit for his or her part in an investigation of cruelty to animals.

(1) Held harmless from either criminal or civil liability for any decision made or service rendered in conjunction with this subchapter; and

(2) Immune from suit for his or her part in an investigation of cruelty to animals.

(b) A veterinarian or person acting at the direction of a licensed veterinarian who participates or reports in bad faith or with malice is not protected under this subchapter.

Acts 2009, No. 33, § 3.
Ark. Code Ann. § 5-29-202 — AR Code / Title 5 / Chapter 29 / Subchapter 2 / Section 5-29-202
Definitions
Status: in_force

As used in this subchapter: (1) "Abuses" means any act or omission that causes or is likely to cause the following to a vulnerable person: (A) Mental anguish, physical pain, or physical injury; (B) Unlawful sexual contact or sexual contact induced by fear of retribution or hardship; (C) The use of a physical restraint, chemical restraint, medication, or isolation as punishment, for convenience of inpatient facility staff, or in conflict with a physician's order or treatment plan; (D) Any threatening or menacing conduct toward a vulnerable person that results or might reasonably be expected to result in fear or emotional mental distress; or (E) Withholding healthcare goods or services ordered or prescribed by a physician or other healthcare provider with authority to direct care or as required by the vulnerable person's current treatment plan; (2) "Assets" means any type of personal property or real property, including without limitation funds; (3) "Caregiver" means a person who is not a healthcare provider but has assumed the responsibility for the protection, care, or custody of a vulnerable person including without limitation a non-healthcare employee of a healthcare provider, a volunteer, a person with a power of attorney for the person, or a guardian; (4) "Exploits" means an act or omission involving: (A) The unlawful use or management of a vulnerable person's assets or the unlawful use of a vulnerable person's power of attorney or guardianship for the profit or advantage of the actor or another person; or (B) The misappropriation of the assets of a vulnerable person; (5) (A) "Healthcare provider" means a person who receives pay or other compensation to deliver or arrange for the delivery of healthcare goods or services. (B) "Healthcare provider" includes without limitation: (i) A physician; (ii) A dentist; (iii) A physician assistant; (iv) A certified nurse practitioner; (v) A nurse; (vi) A certified nurse midwife; (vii) A clinical social worker; (viii) A licensed therapist; (ix) A licensed counselor; (x) A certified nursing assistant; (xi) A direct care staff of an inpatient facility; (xii) A home healthcare worker; (xiii) A durable medical supply provider; or (xiv) Any enrolled Medicaid or Medicare provider; (6) (A) "Inpatient facility" means any medical, treatment, or rehabilitation facility or part of a medical, treatment, or rehabilitation facility that provides healthcare services or treatment on a twenty-four-hour basis, other than a facility operated by the Department of Corrections. (B) "Inpatient facility" does not include outpatient medical, treatment, or rehabilitation facilities, outpatient clinics, doctor's offices, or other medical, treatment, or rehabilitation facilities where patients do not depend on the medical, treatment, or rehabilitation facility for twenty-four-hour care; (7) (A) "Misappropriation" means the unlawful temporary or permanent use of a vulnerable person's assets. (B) "Misappropriation" includes without limitation the use of the assets for the actor's own benefit, the benefit of a person other than the vulnerable person, or in any way that is harmful to the vulnerable person; (8) "Neglects" means an act or omission by a healthcare provider or caregiver that: (A) Fails to provide to a vulnerable person or deprives a vulnerable person of treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services as required by a care plan, prescription label or instructions, or provider contract; (B) Fails to report a health problem or a change in a health problem or a change in a health condition of a vulnerable person to the appropriate healthcare provider; (C) Fails to carry out a prescribed treatment plan of a vulnerable person; or (D) Fails to provide to a vulnerable person or deprives a vulnerable person of a good or service necessary to avoid physical injury, mental anguish, or mental illness as defined in rules promulgated by a regulatory agency that is required to certify an inpatient facility to receive Medicaid funding; (9) "Sexual contact" means the same as defined in § 5-14-101 ; and (10) "Vulnerable person" means any person who is: (A) Sixty-nine (69) years of age or older; or (B) In an inpatient facility receiving twenty-four-hour care. Added by Act 2023, No. 783,§ 1, eff. 8/1/2023.

As used in this subchapter:

(1) "Abuses" means any act or omission that causes or is likely to cause the following to a vulnerable person: (A) Mental anguish, physical pain, or physical injury; (B) Unlawful sexual contact or sexual contact induced by fear of retribution or hardship; (C) The use of a physical restraint, chemical restraint, medication, or isolation as punishment, for convenience of inpatient facility staff, or in conflict with a physician's order or treatment plan; (D) Any threatening or menacing conduct toward a vulnerable person that results or might reasonably be expected to result in fear or emotional mental distress; or (E) Withholding healthcare goods or services ordered or prescribed by a physician or other healthcare provider with authority to direct care or as required by the vulnerable person's current treatment plan;

(A) Mental anguish, physical pain, or physical injury;

(B) Unlawful sexual contact or sexual contact induced by fear of retribution or hardship;

(C) The use of a physical restraint, chemical restraint, medication, or isolation as punishment, for convenience of inpatient facility staff, or in conflict with a physician's order or treatment plan;

(D) Any threatening or menacing conduct toward a vulnerable person that results or might reasonably be expected to result in fear or emotional mental distress; or

(E) Withholding healthcare goods or services ordered or prescribed by a physician or other healthcare provider with authority to direct care or as required by the vulnerable person's current treatment plan;

(2) "Assets" means any type of personal property or real property, including without limitation funds;

(3) "Caregiver" means a person who is not a healthcare provider but has assumed the responsibility for the protection, care, or custody of a vulnerable person including without limitation a non-healthcare employee of a healthcare provider, a volunteer, a person with a power of attorney for the person, or a guardian;

(4) "Exploits" means an act or omission involving: (A) The unlawful use or management of a vulnerable person's assets or the unlawful use of a vulnerable person's power of attorney or guardianship for the profit or advantage of the actor or another person; or (B) The misappropriation of the assets of a vulnerable person;

(A) The unlawful use or management of a vulnerable person's assets or the unlawful use of a vulnerable person's power of attorney or guardianship for the profit or advantage of the actor or another person; or

(B) The misappropriation of the assets of a vulnerable person;

(5) (A) "Healthcare provider" means a person who receives pay or other compensation to deliver or arrange for the delivery of healthcare goods or services. (B) "Healthcare provider" includes without limitation: (i) A physician; (ii) A dentist; (iii) A physician assistant; (iv) A certified nurse practitioner; (v) A nurse; (vi) A certified nurse midwife; (vii) A clinical social worker; (viii) A licensed therapist; (ix) A licensed counselor; (x) A certified nursing assistant; (xi) A direct care staff of an inpatient facility; (xii) A home healthcare worker; (xiii) A durable medical supply provider; or (xiv) Any enrolled Medicaid or Medicare provider;

(A) "Healthcare provider" means a person who receives pay or other compensation to deliver or arrange for the delivery of healthcare goods or services.

(B) "Healthcare provider" includes without limitation: (i) A physician; (ii) A dentist; (iii) A physician assistant; (iv) A certified nurse practitioner; (v) A nurse; (vi) A certified nurse midwife; (vii) A clinical social worker; (viii) A licensed therapist; (ix) A licensed counselor; (x) A certified nursing assistant; (xi) A direct care staff of an inpatient facility; (xii) A home healthcare worker; (xiii) A durable medical supply provider; or (xiv) Any enrolled Medicaid or Medicare provider;

(i) A physician;

(ii) A dentist;

(iii) A physician assistant;

(iv) A certified nurse practitioner;

(v) A nurse;

(vi) A certified nurse midwife;

(vii) A clinical social worker;

(viii) A licensed therapist;

(ix) A licensed counselor;

(x) A certified nursing assistant;

(xi) A direct care staff of an inpatient facility;

(xii) A home healthcare worker;

(xiii) A durable medical supply provider; or

(xiv) Any enrolled Medicaid or Medicare provider;

(6) (A) "Inpatient facility" means any medical, treatment, or rehabilitation facility or part of a medical, treatment, or rehabilitation facility that provides healthcare services or treatment on a twenty-four-hour basis, other than a facility operated by the Department of Corrections. (B) "Inpatient facility" does not include outpatient medical, treatment, or rehabilitation facilities, outpatient clinics, doctor's offices, or other medical, treatment, or rehabilitation facilities where patients do not depend on the medical, treatment, or rehabilitation facility for twenty-four-hour care;

(A) "Inpatient facility" means any medical, treatment, or rehabilitation facility or part of a medical, treatment, or rehabilitation facility that provides healthcare services or treatment on a twenty-four-hour basis, other than a facility operated by the Department of Corrections.

(B) "Inpatient facility" does not include outpatient medical, treatment, or rehabilitation facilities, outpatient clinics, doctor's offices, or other medical, treatment, or rehabilitation facilities where patients do not depend on the medical, treatment, or rehabilitation facility for twenty-four-hour care;

(7) (A) "Misappropriation" means the unlawful temporary or permanent use of a vulnerable person's assets. (B) "Misappropriation" includes without limitation the use of the assets for the actor's own benefit, the benefit of a person other than the vulnerable person, or in any way that is harmful to the vulnerable person;

(A) "Misappropriation" means the unlawful temporary or permanent use of a vulnerable person's assets.

(B) "Misappropriation" includes without limitation the use of the assets for the actor's own benefit, the benefit of a person other than the vulnerable person, or in any way that is harmful to the vulnerable person;

(8) "Neglects" means an act or omission by a healthcare provider or caregiver that: (A) Fails to provide to a vulnerable person or deprives a vulnerable person of treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services as required by a care plan, prescription label or instructions, or provider contract; (B) Fails to report a health problem or a change in a health problem or a change in a health condition of a vulnerable person to the appropriate healthcare provider; (C) Fails to carry out a prescribed treatment plan of a vulnerable person; or (D) Fails to provide to a vulnerable person or deprives a vulnerable person of a good or service necessary to avoid physical injury, mental anguish, or mental illness as defined in rules promulgated by a regulatory agency that is required to certify an inpatient facility to receive Medicaid funding;

(A) Fails to provide to a vulnerable person or deprives a vulnerable person of treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services as required by a care plan, prescription label or instructions, or provider contract;

(B) Fails to report a health problem or a change in a health problem or a change in a health condition of a vulnerable person to the appropriate healthcare provider;

(C) Fails to carry out a prescribed treatment plan of a vulnerable person; or

(D) Fails to provide to a vulnerable person or deprives a vulnerable person of a good or service necessary to avoid physical injury, mental anguish, or mental illness as defined in rules promulgated by a regulatory agency that is required to certify an inpatient facility to receive Medicaid funding;

(9) "Sexual contact" means the same as defined in § 5-14-101 ; and

(10) "Vulnerable person" means any person who is: (A) Sixty-nine (69) years of age or older; or (B) In an inpatient facility receiving twenty-four-hour care.

(A) Sixty-nine (69) years of age or older; or

(B) In an inpatient facility receiving twenty-four-hour care.

Added by Act 2023, No. 783,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 5-36-121 — AR Code / Title 5 / Chapter 36 / Subchapter 1 / Section 5-36-121
Theft of recyclable materials
Status: in_force

(a) (1) No person shall divert to personal use any recyclable material valued at fifty dollars ($50.00) or more and placed in a container as a part of a recycling program without the consent of the generator or the collector of the recyclable material or the person owning or operating the container as a part of the recycling program. (2) (A) For a first offense under subdivision (a)(1) of this section, a person shall be issued a citation that is a warning citation and no court appearance is required and no penalty shall be imposed by the court. (B) A record of each warning citation issued shall be maintained and for any subsequent offense, the offender is subject to a penalty prescribed. (3) Any person who pleads guilty or nolo contendere to or is found guilty of violating subdivision (a)(1) of this section for a subsequent offense is guilty of a Class C misdemeanor. (b) (1) No person shall divert to commercial use any recyclable material placed in a container as a part of a recycling program without the consent of the generator or the collector of the recyclable material or the person owning or operating the container as a part of the recycling program. (2) Any person who pleads guilty or nolo contendere to or is found guilty of violating a provision of subdivision (b)(1) of this section is guilty of a Class A misdemeanor. Acts 2001, No. 1720, § 1.

(a) (1) No person shall divert to personal use any recyclable material valued at fifty dollars ($50.00) or more and placed in a container as a part of a recycling program without the consent of the generator or the collector of the recyclable material or the person owning or operating the container as a part of the recycling program. (2) (A) For a first offense under subdivision (a)(1) of this section, a person shall be issued a citation that is a warning citation and no court appearance is required and no penalty shall be imposed by the court. (B) A record of each warning citation issued shall be maintained and for any subsequent offense, the offender is subject to a penalty prescribed. (3) Any person who pleads guilty or nolo contendere to or is found guilty of violating subdivision (a)(1) of this section for a subsequent offense is guilty of a Class C misdemeanor.

(1) No person shall divert to personal use any recyclable material valued at fifty dollars ($50.00) or more and placed in a container as a part of a recycling program without the consent of the generator or the collector of the recyclable material or the person owning or operating the container as a part of the recycling program.

(2) (A) For a first offense under subdivision (a)(1) of this section, a person shall be issued a citation that is a warning citation and no court appearance is required and no penalty shall be imposed by the court. (B) A record of each warning citation issued shall be maintained and for any subsequent offense, the offender is subject to a penalty prescribed.

(A) For a first offense under subdivision (a)(1) of this section, a person shall be issued a citation that is a warning citation and no court appearance is required and no penalty shall be imposed by the court.

(B) A record of each warning citation issued shall be maintained and for any subsequent offense, the offender is subject to a penalty prescribed.

(3) Any person who pleads guilty or nolo contendere to or is found guilty of violating subdivision (a)(1) of this section for a subsequent offense is guilty of a Class C misdemeanor.

(b) (1) No person shall divert to commercial use any recyclable material placed in a container as a part of a recycling program without the consent of the generator or the collector of the recyclable material or the person owning or operating the container as a part of the recycling program. (2) Any person who pleads guilty or nolo contendere to or is found guilty of violating a provision of subdivision (b)(1) of this section is guilty of a Class A misdemeanor.

(1) No person shall divert to commercial use any recyclable material placed in a container as a part of a recycling program without the consent of the generator or the collector of the recyclable material or the person owning or operating the container as a part of the recycling program.

(2) Any person who pleads guilty or nolo contendere to or is found guilty of violating a provision of subdivision (b)(1) of this section is guilty of a Class A misdemeanor.

Acts 2001, No. 1720, § 1.
Ark. Code Ann. § 5-73-120 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-120
Carrying a weapon
Status: in_force

(a) A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to attempt to unlawfully employ the handgun, knife, or club as a weapon against a person. (b) As used in this section: (1) "Club" means any instrument that is specially designed, made, or adapted for the purpose of inflicting serious physical injury or death by striking, including a blackjack, billie, and sap; (2) "Handgun" means any firearm with a barrel length of less than twelve inches (12") that is designed, made, or adapted to be fired with one (1) hand; and (3) "Knife" means any bladed hand instrument three inches (3") or longer that is capable of inflicting serious physical injury or death by cutting or stabbing, including a dirk, a sword or spear in a cane, a razor, an ice pick, a throwing star, a switchblade, and a butterfly knife. (c) A person is presumed to be carrying a weapon with a lawful purpose under this section if at the time of the act of carrying the weapon: (1) The person is in his or her own dwelling, in his or her personal vehicle, in his or her place of business, or on property in which he or she has a possessory or proprietary interest; (2) The person is a law enforcement officer, correctional officer, member of a municipal fire department bomb squad who is authorized to carry a concealed handgun under § 12-15-204 , or member of the armed forces, acting in the course and scope of his or her official duties; (3) The person is assisting a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties pursuant to the direction or request of the law enforcement officer, correctional officer, or member of the armed forces; (4) The person is carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon; (5) The person is a registered commissioned security guard acting in the course and scope of his or her duties; (6) The person is hunting game with a handgun that may be hunted with a handgun under rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for the purpose of hunting game with a handgun; (7) (A) The person is a certified law enforcement officer, either on-duty or off-duty. (B) If the person is an off-duty law enforcement officer, he or she may be required by a public school or publicly supported institution of higher education to be in physical possession of a valid identification identifying the person as a law enforcement officer; (8) The person is in possession of a concealed handgun and has a valid license to carry a concealed handgun under § 5-73-301 et seq., or recognized under § 5-73-321 and is not in a prohibited place as defined by § 5-73-306 ; (9) The person is a prosecuting attorney or deputy prosecuting attorney carrying a firearm under § 16-21-147 ; (10) The person is in possession of a handgun and is a retired law enforcement officer with a valid concealed carry authorization issued under federal or state law; (11) The person is in possession of a concealed handgun and is a current or former district court judge, circuit court judge, Court of Appeals judge, or Supreme Court justice, with a valid license to carry a concealed handgun under § 5-73-301 et seq.; or (12) The person: (A) Is an employee of the Department of Corrections; (B) Is in his or her personal vehicle in a parking lot owned or operated by the department; (C) Has stored the weapon in a locked storage container that is attached to his or her personal vehicle; and (D) Has declared in writing to the department his or her intent to carry a weapon and received approval to carry a weapon under this subdivision (c)(12) in writing from the Secretary of the Department of Corrections or his or her designee. (d) Carrying a weapon is a Class A misdemeanor. Amended by Act 2023, No. 174,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 166,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 956,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 766,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 472,§ 2, eff. 3/15/2019. Amended by Act 2015, No. 1155,§ 14, eff. 7/22/2015. Amended by Act 2013, No. 746,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 539,§ 2, eff. 3/28/2013. Acts 1975, No. 696, § 1; 1981, No. 813, § 1; A.S.A. 1947, § 41-3151; Acts 1987, No. 266, § 1; 1987, No. 556, § 1; 1987, No. 734, § 1; 1995, No. 832, § 1; 2003, No. 1267, § 2; 2005, No. 1994, § 293.

(a) A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to attempt to unlawfully employ the handgun, knife, or club as a weapon against a person.

(b) As used in this section: (1) "Club" means any instrument that is specially designed, made, or adapted for the purpose of inflicting serious physical injury or death by striking, including a blackjack, billie, and sap; (2) "Handgun" means any firearm with a barrel length of less than twelve inches (12") that is designed, made, or adapted to be fired with one (1) hand; and (3) "Knife" means any bladed hand instrument three inches (3") or longer that is capable of inflicting serious physical injury or death by cutting or stabbing, including a dirk, a sword or spear in a cane, a razor, an ice pick, a throwing star, a switchblade, and a butterfly knife.

(1) "Club" means any instrument that is specially designed, made, or adapted for the purpose of inflicting serious physical injury or death by striking, including a blackjack, billie, and sap;

(2) "Handgun" means any firearm with a barrel length of less than twelve inches (12") that is designed, made, or adapted to be fired with one (1) hand; and

(3) "Knife" means any bladed hand instrument three inches (3") or longer that is capable of inflicting serious physical injury or death by cutting or stabbing, including a dirk, a sword or spear in a cane, a razor, an ice pick, a throwing star, a switchblade, and a butterfly knife.

(c) A person is presumed to be carrying a weapon with a lawful purpose under this section if at the time of the act of carrying the weapon: (1) The person is in his or her own dwelling, in his or her personal vehicle, in his or her place of business, or on property in which he or she has a possessory or proprietary interest; (2) The person is a law enforcement officer, correctional officer, member of a municipal fire department bomb squad who is authorized to carry a concealed handgun under § 12-15-204 , or member of the armed forces, acting in the course and scope of his or her official duties; (3) The person is assisting a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties pursuant to the direction or request of the law enforcement officer, correctional officer, or member of the armed forces; (4) The person is carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon; (5) The person is a registered commissioned security guard acting in the course and scope of his or her duties; (6) The person is hunting game with a handgun that may be hunted with a handgun under rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for the purpose of hunting game with a handgun; (7) (A) The person is a certified law enforcement officer, either on-duty or off-duty. (B) If the person is an off-duty law enforcement officer, he or she may be required by a public school or publicly supported institution of higher education to be in physical possession of a valid identification identifying the person as a law enforcement officer; (8) The person is in possession of a concealed handgun and has a valid license to carry a concealed handgun under § 5-73-301 et seq., or recognized under § 5-73-321 and is not in a prohibited place as defined by § 5-73-306 ; (9) The person is a prosecuting attorney or deputy prosecuting attorney carrying a firearm under § 16-21-147 ; (10) The person is in possession of a handgun and is a retired law enforcement officer with a valid concealed carry authorization issued under federal or state law; (11) The person is in possession of a concealed handgun and is a current or former district court judge, circuit court judge, Court of Appeals judge, or Supreme Court justice, with a valid license to carry a concealed handgun under § 5-73-301 et seq.; or (12) The person: (A) Is an employee of the Department of Corrections; (B) Is in his or her personal vehicle in a parking lot owned or operated by the department; (C) Has stored the weapon in a locked storage container that is attached to his or her personal vehicle; and (D) Has declared in writing to the department his or her intent to carry a weapon and received approval to carry a weapon under this subdivision (c)(12) in writing from the Secretary of the Department of Corrections or his or her designee.

(1) The person is in his or her own dwelling, in his or her personal vehicle, in his or her place of business, or on property in which he or she has a possessory or proprietary interest;

(2) The person is a law enforcement officer, correctional officer, member of a municipal fire department bomb squad who is authorized to carry a concealed handgun under § 12-15-204 , or member of the armed forces, acting in the course and scope of his or her official duties;

(3) The person is assisting a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties pursuant to the direction or request of the law enforcement officer, correctional officer, or member of the armed forces;

(4) The person is carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon;

(5) The person is a registered commissioned security guard acting in the course and scope of his or her duties;

(6) The person is hunting game with a handgun that may be hunted with a handgun under rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for the purpose of hunting game with a handgun;

(7) (A) The person is a certified law enforcement officer, either on-duty or off-duty. (B) If the person is an off-duty law enforcement officer, he or she may be required by a public school or publicly supported institution of higher education to be in physical possession of a valid identification identifying the person as a law enforcement officer;

(A) The person is a certified law enforcement officer, either on-duty or off-duty.

(B) If the person is an off-duty law enforcement officer, he or she may be required by a public school or publicly supported institution of higher education to be in physical possession of a valid identification identifying the person as a law enforcement officer;

(8) The person is in possession of a concealed handgun and has a valid license to carry a concealed handgun under § 5-73-301 et seq., or recognized under § 5-73-321 and is not in a prohibited place as defined by § 5-73-306 ;

(9) The person is a prosecuting attorney or deputy prosecuting attorney carrying a firearm under § 16-21-147 ;

(10) The person is in possession of a handgun and is a retired law enforcement officer with a valid concealed carry authorization issued under federal or state law;

(11) The person is in possession of a concealed handgun and is a current or former district court judge, circuit court judge, Court of Appeals judge, or Supreme Court justice, with a valid license to carry a concealed handgun under § 5-73-301 et seq.; or

(12) The person: (A) Is an employee of the Department of Corrections; (B) Is in his or her personal vehicle in a parking lot owned or operated by the department; (C) Has stored the weapon in a locked storage container that is attached to his or her personal vehicle; and (D) Has declared in writing to the department his or her intent to carry a weapon and received approval to carry a weapon under this subdivision (c)(12) in writing from the Secretary of the Department of Corrections or his or her designee.

(A) Is an employee of the Department of Corrections;

(B) Is in his or her personal vehicle in a parking lot owned or operated by the department;

(C) Has stored the weapon in a locked storage container that is attached to his or her personal vehicle; and

(D) Has declared in writing to the department his or her intent to carry a weapon and received approval to carry a weapon under this subdivision (c)(12) in writing from the Secretary of the Department of Corrections or his or her designee.

(d) Carrying a weapon is a Class A misdemeanor.

Amended by Act 2023, No. 174,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 166,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 956,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 766,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 472,§ 2, eff. 3/15/2019.

Amended by Act 2015, No. 1155,§ 14, eff. 7/22/2015.

Amended by Act 2013, No. 746,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 539,§ 2, eff. 3/28/2013.

Acts 1975, No. 696, § 1; 1981, No. 813, § 1; A.S.A. 1947, § 41-3151; Acts 1987, No. 266, § 1; 1987, No. 556, § 1; 1987, No. 734, § 1; 1995, No. 832, § 1; 2003, No. 1267, § 2; 2005, No. 1994, § 293.
Ark. Code Ann. § 5-27-212 — AR Code / Title 5 / Chapter 27 / Subchapter 2 / Section 5-27-212
Furnishing a harmful item to a minor
Status: in_force

(a) As used in this section: (1) "Harmful to minors" means the same as defined in § 5-68-501 ; (2) "Internet" means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol (TCP/IP) or any successor protocol to transmit information; (3) "Internet website" means a location where material placed in a computer server-based file archive is publicly accessible over the internet using hypertext transfer protocol or any successor protocol; and (4) (A) "Item" means a material or performance that depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as those terms are defined in § 5-68-501 . (B) "Item" includes without limitation: (i) A book, leaflet, pamphlet, magazine, booklet, picture, drawing, photograph, film, negative, slide, motion picture, figure, object, article, novelty device, recording, transcription, live or recorded telephone message, or other similar item whether tangible or intangible; (ii) A performance, exhibition, transmission, or dissemination of any of the items listed in subdivision (a)(4)(B)(i) of this section; and (iii) A live performance or exhibition that depicts nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as those terms are defined in § 5-68-501 , to the public or an audience of one (1) or more persons. (b) A person commits furnishing a harmful item to a minor if, knowing the character of the item involved, the person knowingly: (1) Furnishes, presents, provides, makes available, gives, lends, shows, advertises, or distributes to a minor an item that is harmful to minors; or (2) Transmits or sends to a person that he or she believes to be a minor by means of electronic mail, personal messaging, or any other direct internet communication an item that is harmful to minors when the person knows or believes at the time of the transmission that a minor in this state will receive the item. (c) (1) Subdivision (b)(1) of this section does not apply to the transmission or sending of items over the internet. (2) Subdivision (b)(2) of this section does not apply to: (A) Posting material on an internet website, bulletin board, or newsgroup; or (B) Sending material via a mailing list, listserv, or other method of internet communication in which a message is sent to an internet address and then retransmitted to one (1) or more subscribers, that is not administered by the sender. (d) Furnishing a harmful item to a minor is a Class A misdemeanor. Added by Act 2023, No. 372,§ 1, eff. 8/1/2023.

(a) As used in this section: (1) "Harmful to minors" means the same as defined in § 5-68-501 ; (2) "Internet" means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol (TCP/IP) or any successor protocol to transmit information; (3) "Internet website" means a location where material placed in a computer server-based file archive is publicly accessible over the internet using hypertext transfer protocol or any successor protocol; and (4) (A) "Item" means a material or performance that depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as those terms are defined in § 5-68-501 . (B) "Item" includes without limitation: (i) A book, leaflet, pamphlet, magazine, booklet, picture, drawing, photograph, film, negative, slide, motion picture, figure, object, article, novelty device, recording, transcription, live or recorded telephone message, or other similar item whether tangible or intangible; (ii) A performance, exhibition, transmission, or dissemination of any of the items listed in subdivision (a)(4)(B)(i) of this section; and (iii) A live performance or exhibition that depicts nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as those terms are defined in § 5-68-501 , to the public or an audience of one (1) or more persons.

(1) "Harmful to minors" means the same as defined in § 5-68-501 ;

(2) "Internet" means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol (TCP/IP) or any successor protocol to transmit information;

(3) "Internet website" means a location where material placed in a computer server-based file archive is publicly accessible over the internet using hypertext transfer protocol or any successor protocol; and

(4) (A) "Item" means a material or performance that depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as those terms are defined in § 5-68-501 . (B) "Item" includes without limitation: (i) A book, leaflet, pamphlet, magazine, booklet, picture, drawing, photograph, film, negative, slide, motion picture, figure, object, article, novelty device, recording, transcription, live or recorded telephone message, or other similar item whether tangible or intangible; (ii) A performance, exhibition, transmission, or dissemination of any of the items listed in subdivision (a)(4)(B)(i) of this section; and (iii) A live performance or exhibition that depicts nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as those terms are defined in § 5-68-501 , to the public or an audience of one (1) or more persons.

(A) "Item" means a material or performance that depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as those terms are defined in § 5-68-501 .

(B) "Item" includes without limitation: (i) A book, leaflet, pamphlet, magazine, booklet, picture, drawing, photograph, film, negative, slide, motion picture, figure, object, article, novelty device, recording, transcription, live or recorded telephone message, or other similar item whether tangible or intangible; (ii) A performance, exhibition, transmission, or dissemination of any of the items listed in subdivision (a)(4)(B)(i) of this section; and (iii) A live performance or exhibition that depicts nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as those terms are defined in § 5-68-501 , to the public or an audience of one (1) or more persons.

(i) A book, leaflet, pamphlet, magazine, booklet, picture, drawing, photograph, film, negative, slide, motion picture, figure, object, article, novelty device, recording, transcription, live or recorded telephone message, or other similar item whether tangible or intangible;

(ii) A performance, exhibition, transmission, or dissemination of any of the items listed in subdivision (a)(4)(B)(i) of this section; and

(iii) A live performance or exhibition that depicts nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as those terms are defined in § 5-68-501 , to the public or an audience of one (1) or more persons.

(b) A person commits furnishing a harmful item to a minor if, knowing the character of the item involved, the person knowingly: (1) Furnishes, presents, provides, makes available, gives, lends, shows, advertises, or distributes to a minor an item that is harmful to minors; or (2) Transmits or sends to a person that he or she believes to be a minor by means of electronic mail, personal messaging, or any other direct internet communication an item that is harmful to minors when the person knows or believes at the time of the transmission that a minor in this state will receive the item.

(1) Furnishes, presents, provides, makes available, gives, lends, shows, advertises, or distributes to a minor an item that is harmful to minors; or

(2) Transmits or sends to a person that he or she believes to be a minor by means of electronic mail, personal messaging, or any other direct internet communication an item that is harmful to minors when the person knows or believes at the time of the transmission that a minor in this state will receive the item.

(c) (1) Subdivision (b)(1) of this section does not apply to the transmission or sending of items over the internet. (2) Subdivision (b)(2) of this section does not apply to: (A) Posting material on an internet website, bulletin board, or newsgroup; or (B) Sending material via a mailing list, listserv, or other method of internet communication in which a message is sent to an internet address and then retransmitted to one (1) or more subscribers, that is not administered by the sender.

(1) Subdivision (b)(1) of this section does not apply to the transmission or sending of items over the internet.

(2) Subdivision (b)(2) of this section does not apply to: (A) Posting material on an internet website, bulletin board, or newsgroup; or (B) Sending material via a mailing list, listserv, or other method of internet communication in which a message is sent to an internet address and then retransmitted to one (1) or more subscribers, that is not administered by the sender.

(A) Posting material on an internet website, bulletin board, or newsgroup; or

(B) Sending material via a mailing list, listserv, or other method of internet communication in which a message is sent to an internet address and then retransmitted to one (1) or more subscribers, that is not administered by the sender.

(d) Furnishing a harmful item to a minor is a Class A misdemeanor.

Added by Act 2023, No. 372,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 5-27-603 — AR Code / Title 5 / Chapter 27 / Subchapter 6 / Section 5-27-603
Possession or use of child sexual abuse material
Status: in_force

(a) A person commits possession or use of child sexual abuse material if the person knowingly: (1) Compiles, enters into, or transmits by means of computer, makes, prints, publishes, or reproduces by other computerized means, knowingly causes or allows to be entered into or transmitted by means of computer or buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement or any child's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexually explicit conduct of or with any child or another individual believed by the person to be a child, or the visual depiction of the conduct; or (2) Utilizes an online computer service, internet service, or local bulletin board service to seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another individual believed by the person to be a child, to engage in sexually explicit conduct. (b) Possession or use of child sexual abuse material is a Class B felony. Amended by Act 2023, No. 21,§ 3, eff. 8/1/2023. Acts 2001, No. 1496, § 1.

(a) A person commits possession or use of child sexual abuse material if the person knowingly: (1) Compiles, enters into, or transmits by means of computer, makes, prints, publishes, or reproduces by other computerized means, knowingly causes or allows to be entered into or transmitted by means of computer or buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement or any child's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexually explicit conduct of or with any child or another individual believed by the person to be a child, or the visual depiction of the conduct; or (2) Utilizes an online computer service, internet service, or local bulletin board service to seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another individual believed by the person to be a child, to engage in sexually explicit conduct.

(1) Compiles, enters into, or transmits by means of computer, makes, prints, publishes, or reproduces by other computerized means, knowingly causes or allows to be entered into or transmitted by means of computer or buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement or any child's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexually explicit conduct of or with any child or another individual believed by the person to be a child, or the visual depiction of the conduct; or

(2) Utilizes an online computer service, internet service, or local bulletin board service to seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another individual believed by the person to be a child, to engage in sexually explicit conduct.

(b) Possession or use of child sexual abuse material is a Class B felony.

Amended by Act 2023, No. 21,§ 3, eff. 8/1/2023.

Acts 2001, No. 1496, § 1.
Ark. Code Ann. § 5-37-405 — AR Code / Title 5 / Chapter 37 / Subchapter 4 / Section 5-37-405
Satellite dish
Status: in_force

The provisions of this subchapter shall not be construed or otherwise interpreted to prohibit an individual from owning or operating a device commonly known as a "satellite receiving dish" for the purpose of lawfully receiving and utilizing a satellite-relayed television signal for his or her own use. Acts 1985, No. 781, § 5; A.S.A. 1947, § 41-2214; Acts 2003, No. 1806, § 5.

The provisions of this subchapter shall not be construed or otherwise interpreted to prohibit an individual from owning or operating a device commonly known as a "satellite receiving dish" for the purpose of lawfully receiving and utilizing a satellite-relayed television signal for his or her own use.

Acts 1985, No. 781, § 5; A.S.A. 1947, § 41-2214; Acts 2003, No. 1806, § 5.
Ark. Code Ann. § 5-64-436 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-436
Possession of a Schedule VI controlled substance with the purpose to deliver
Status: in_force

(a) Except as provided by this chapter, it is unlawful if a person possesses a Schedule VI controlled substance with the purpose to deliver the Schedule VI controlled substance. Purpose to deliver may be shown by any of the following factors: (1) The person possesses the means to weigh and separate a Schedule VI controlled substance; (2) The person possesses a record indicating a drug-related transaction; (3) The Schedule VI controlled substance is separated and packaged in a manner to facilitate delivery; (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the Schedule VI controlled substance; (5) The person possesses at least two (2) other controlled substances in any amount; or (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a Schedule VI controlled substance. (b) A person who violates this section upon conviction is guilty of a: (1) Class A misdemeanor if the person possessed by aggregate weight, including an adulterant or diluent, fourteen grams (14g) or less of a Schedule VI controlled substance; (2) Class D felony if the person possessed more than fourteen grams (14g) but less than four ounces (4 oz.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance; (3) Class C felony if the person possessed four ounces (4 oz.) or more but less than twenty-five pounds (25 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance; (4) Class B felony if the person possessed twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance; or (5) Class A felony if the person possessed one hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance. Acts 2011, No. 570, § 57.

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

(1) The person possesses the means to weigh and separate a Schedule VI controlled substance;

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

(3) The Schedule VI controlled substance is separated and packaged in a manner to facilitate delivery;

(4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the Schedule VI controlled substance;

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

(6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a Schedule VI controlled substance.

(b) A person who violates this section upon conviction is guilty of a: (1) Class A misdemeanor if the person possessed by aggregate weight, including an adulterant or diluent, fourteen grams (14g) or less of a Schedule VI controlled substance; (2) Class D felony if the person possessed more than fourteen grams (14g) but less than four ounces (4 oz.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance; (3) Class C felony if the person possessed four ounces (4 oz.) or more but less than twenty-five pounds (25 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance; (4) Class B felony if the person possessed twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance; or (5) Class A felony if the person possessed one hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance.

(1) Class A misdemeanor if the person possessed by aggregate weight, including an adulterant or diluent, fourteen grams (14g) or less of a Schedule VI controlled substance;

(2) Class D felony if the person possessed more than fourteen grams (14g) but less than four ounces (4 oz.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance;

(3) Class C felony if the person possessed four ounces (4 oz.) or more but less than twenty-five pounds (25 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance;

(4) Class B felony if the person possessed twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance; or

(5) Class A felony if the person possessed one hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance.

Acts 2011, No. 570, § 57.
Ark. Code Ann. § 5-73-304 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-304
Exemptions
Status: in_force

(a) (1) (A) A current or former certified law enforcement officer, chief of police, court bailiff, county sheriff, or retired law enforcement officer is exempt from the licensing requirements of this subchapter if otherwise authorized to carry a concealed handgun. (B) A former certified law enforcement officer whose employment was terminated by a law enforcement agency due to disciplinary reasons or because he or she committed a disqualifying criminal offense is not exempt from the licensing requirements of this subchapter. (2) Solely for purposes of this subchapter, an auxiliary law enforcement officer certified by the Arkansas Commission on Law Enforcement Standards and Training and approved by the county sheriff of the county where he or she is acting as an auxiliary law enforcement officer is deemed to be a certified law enforcement officer. (b) An employee of a local detention facility is exempt from the licensing requirements of this subchapter if the employee of a local detention facility is authorized in writing as exempt from the licensing requirements of this subchapter by the chief of police or county sheriff that employs the employee of a local detention facility. (c) The authorization prescribed in subsection (b) of this section shall be carried on the person of the employee of a local detention facility and be produced upon demand at the request of any law enforcement officer or owner or operator of any of the prohibited places as set out in § 5-73-306 . (d) A retired law enforcement officer is exempt from the licensing requirements of this subchapter if the retired law enforcement officer is permitted to carry a concealed handgun under § 12-15-202(b) . (e) As used in this section, "employee of a local detention facility" means a person who: (1) Is employed by a county sheriff or municipality that operates a local detention facility and whose job duties include: (A) Securing a local detention facility; (B) Monitoring inmates in a local detention facility; and (C) Administering the daily operation of the local detention facility; and (2) Has completed the minimum training requirements for his or her position. Amended by Act 2017, No. 957,§ 2, eff. 8/1/2017. Amended by Act 2013, No. 1220,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 415,§ 1, eff. 8/16/2013. Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 696, § 1; 1997, No. 1239, § 8; 1999, No. 1508, §§ 1, 7.

(a) (1) (A) A current or former certified law enforcement officer, chief of police, court bailiff, county sheriff, or retired law enforcement officer is exempt from the licensing requirements of this subchapter if otherwise authorized to carry a concealed handgun. (B) A former certified law enforcement officer whose employment was terminated by a law enforcement agency due to disciplinary reasons or because he or she committed a disqualifying criminal offense is not exempt from the licensing requirements of this subchapter. (2) Solely for purposes of this subchapter, an auxiliary law enforcement officer certified by the Arkansas Commission on Law Enforcement Standards and Training and approved by the county sheriff of the county where he or she is acting as an auxiliary law enforcement officer is deemed to be a certified law enforcement officer.

(1) (A) A current or former certified law enforcement officer, chief of police, court bailiff, county sheriff, or retired law enforcement officer is exempt from the licensing requirements of this subchapter if otherwise authorized to carry a concealed handgun. (B) A former certified law enforcement officer whose employment was terminated by a law enforcement agency due to disciplinary reasons or because he or she committed a disqualifying criminal offense is not exempt from the licensing requirements of this subchapter.

(A) A current or former certified law enforcement officer, chief of police, court bailiff, county sheriff, or retired law enforcement officer is exempt from the licensing requirements of this subchapter if otherwise authorized to carry a concealed handgun.

(B) A former certified law enforcement officer whose employment was terminated by a law enforcement agency due to disciplinary reasons or because he or she committed a disqualifying criminal offense is not exempt from the licensing requirements of this subchapter.

(2) Solely for purposes of this subchapter, an auxiliary law enforcement officer certified by the Arkansas Commission on Law Enforcement Standards and Training and approved by the county sheriff of the county where he or she is acting as an auxiliary law enforcement officer is deemed to be a certified law enforcement officer.

(b) An employee of a local detention facility is exempt from the licensing requirements of this subchapter if the employee of a local detention facility is authorized in writing as exempt from the licensing requirements of this subchapter by the chief of police or county sheriff that employs the employee of a local detention facility.

(c) The authorization prescribed in subsection (b) of this section shall be carried on the person of the employee of a local detention facility and be produced upon demand at the request of any law enforcement officer or owner or operator of any of the prohibited places as set out in § 5-73-306 .

(d) A retired law enforcement officer is exempt from the licensing requirements of this subchapter if the retired law enforcement officer is permitted to carry a concealed handgun under § 12-15-202(b) .

(e) As used in this section, "employee of a local detention facility" means a person who: (1) Is employed by a county sheriff or municipality that operates a local detention facility and whose job duties include: (A) Securing a local detention facility; (B) Monitoring inmates in a local detention facility; and (C) Administering the daily operation of the local detention facility; and (2) Has completed the minimum training requirements for his or her position.

(1) Is employed by a county sheriff or municipality that operates a local detention facility and whose job duties include: (A) Securing a local detention facility; (B) Monitoring inmates in a local detention facility; and (C) Administering the daily operation of the local detention facility; and

(A) Securing a local detention facility;

(B) Monitoring inmates in a local detention facility; and

(C) Administering the daily operation of the local detention facility; and

(2) Has completed the minimum training requirements for his or her position.

Amended by Act 2017, No. 957,§ 2, eff. 8/1/2017.

Amended by Act 2013, No. 1220,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 415,§ 1, eff. 8/16/2013.

Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 696, § 1; 1997, No. 1239, § 8; 1999, No. 1508, §§ 1, 7.
Ark. Code Ann. § 5-3-301 — AR Code / Title 5 / Chapter 3 / Subchapter 3 / Section 5-3-301
Conduct constituting solicitation - Classification
Status: in_force

(a) A person solicits the commission of an offense if, with the purpose of promoting or facilitating the commission of a specific offense, the person commands, urges, or requests another person to engage in specific conduct that would: (1) Constitute that offense; (2) Constitute an attempt to commit that offense; (3) Cause the result specified by the definition of that offense; or (4) Establish the other person's complicity in the commission or attempted commission of that offense. (b) Criminal solicitation is a: (1) Class A felony if the offense solicited is capital murder, treason, or a Class Y felony; (2) Class B felony if the offense solicited is a Class A felony; (3) Class C felony if the offense solicited is a Class B felony; (4) Class D felony if the offense solicited is a Class C felony; (5) Class A misdemeanor if the offense solicited is a Class D felony or an unclassified felony; (6) Class B misdemeanor if the offense solicited is a Class A misdemeanor; (7) Class C misdemeanor if the offense solicited is a Class B misdemeanor; or (8) Violation if the offense solicited is a Class C misdemeanor or an unclassified misdemeanor. Acts 1975, No. 280, § 705; 1981, No. 620, § 4; A.S.A. 1947, § 41-705.

(a) A person solicits the commission of an offense if, with the purpose of promoting or facilitating the commission of a specific offense, the person commands, urges, or requests another person to engage in specific conduct that would: (1) Constitute that offense; (2) Constitute an attempt to commit that offense; (3) Cause the result specified by the definition of that offense; or (4) Establish the other person's complicity in the commission or attempted commission of that offense.

(1) Constitute that offense;

(2) Constitute an attempt to commit that offense;

(3) Cause the result specified by the definition of that offense; or

(4) Establish the other person's complicity in the commission or attempted commission of that offense.

(b) Criminal solicitation is a: (1) Class A felony if the offense solicited is capital murder, treason, or a Class Y felony; (2) Class B felony if the offense solicited is a Class A felony; (3) Class C felony if the offense solicited is a Class B felony; (4) Class D felony if the offense solicited is a Class C felony; (5) Class A misdemeanor if the offense solicited is a Class D felony or an unclassified felony; (6) Class B misdemeanor if the offense solicited is a Class A misdemeanor; (7) Class C misdemeanor if the offense solicited is a Class B misdemeanor; or (8) Violation if the offense solicited is a Class C misdemeanor or an unclassified misdemeanor.

(1) Class A felony if the offense solicited is capital murder, treason, or a Class Y felony;

(2) Class B felony if the offense solicited is a Class A felony;

(3) Class C felony if the offense solicited is a Class B felony;

(4) Class D felony if the offense solicited is a Class C felony;

(5) Class A misdemeanor if the offense solicited is a Class D felony or an unclassified felony;

(6) Class B misdemeanor if the offense solicited is a Class A misdemeanor;

(7) Class C misdemeanor if the offense solicited is a Class B misdemeanor; or

(8) Violation if the offense solicited is a Class C misdemeanor or an unclassified misdemeanor.

Acts 1975, No. 280, § 705; 1981, No. 620, § 4; A.S.A. 1947, § 41-705.
Ark. Code Ann. § 5-14-122 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-122
Bestiality
Status: in_force

(a) As used in this section, "animal" means any dead or alive nonhuman vertebrate. (b) A person commits bestiality if he or she performs or submits to any act of sexual gratification with an animal involving his or her or the animal's sex organs and the mouth, anus, penis, or vagina of the other. (c) Bestiality is a Class A misdemeanor. Acts 1977, No. 828, § 1; A.S.A. 1947, § 41-1813; Acts 2005, No. 1994, § 496; 2007, No. 827, § 30.

(a) As used in this section, "animal" means any dead or alive nonhuman vertebrate.

(b) A person commits bestiality if he or she performs or submits to any act of sexual gratification with an animal involving his or her or the animal's sex organs and the mouth, anus, penis, or vagina of the other.

(c) Bestiality is a Class A misdemeanor.

Acts 1977, No. 828, § 1; A.S.A. 1947, § 41-1813; Acts 2005, No. 1994, § 496; 2007, No. 827, § 30.
Ark. Code Ann. § 5-74-104 — AR Code / Title 5 / Chapter 74 / Subchapter 1 / Section 5-74-104
Engaging in a continuing criminal gang, organization, or enterprise
Status: in_force

(a) (1) A person commits the offense of engaging in a continuing criminal gang, organization, or enterprise in the first degree if he or she: (A) Commits or attempts to commit or solicits to commit a felony predicate criminal offense; and (B) That offense is part of a continuing series of two (2) or more predicate criminal offenses that are undertaken by that person in concert with two (2) or more other persons with respect to whom that person occupies a position of organizer, a supervisory position, or any other position of management. (2) A person who engages in a continuing criminal gang, organization, or enterprise in the first degree is guilty of a felony two (2) classifications higher than the classification of the highest underlying predicate criminal offense referenced in subdivision (a)(1)(A) of this section. (b) (1) A person commits the offense of engaging in a continuing criminal gang, organization, or enterprise in the second degree if he or she: (A) Commits or attempts to commit or solicits to commit a felony predicate criminal offense; and (B) That offense is part of a continuing series of two (2) or more predicate criminal offenses that are undertaken by that person in concert with two (2) or more other persons, but with respect to whom that person does not occupy the position of organizer, a supervisory position, or any other position of management. (2) A person who engages in a continuing criminal gang, organization, or enterprise in the second degree is guilty of a felony one (1) classification higher than the classification of the highest underlying predicate criminal offense referenced in subdivision (b)(1)(A) of this section. (c) A person who engages in a continuing criminal gang, organization, or enterprise when the underlying predicate criminal offense is a Class A felony or a Class Y felony is guilty of a Class Y felony. (d) Any sentence of imprisonment imposed pursuant to this section is in addition to any sentence imposed for the violation of a predicate criminal offense. Acts 1993, No. 1002, § 1.

(a) (1) A person commits the offense of engaging in a continuing criminal gang, organization, or enterprise in the first degree if he or she: (A) Commits or attempts to commit or solicits to commit a felony predicate criminal offense; and (B) That offense is part of a continuing series of two (2) or more predicate criminal offenses that are undertaken by that person in concert with two (2) or more other persons with respect to whom that person occupies a position of organizer, a supervisory position, or any other position of management. (2) A person who engages in a continuing criminal gang, organization, or enterprise in the first degree is guilty of a felony two (2) classifications higher than the classification of the highest underlying predicate criminal offense referenced in subdivision (a)(1)(A) of this section.

(1) A person commits the offense of engaging in a continuing criminal gang, organization, or enterprise in the first degree if he or she: (A) Commits or attempts to commit or solicits to commit a felony predicate criminal offense; and (B) That offense is part of a continuing series of two (2) or more predicate criminal offenses that are undertaken by that person in concert with two (2) or more other persons with respect to whom that person occupies a position of organizer, a supervisory position, or any other position of management.

(A) Commits or attempts to commit or solicits to commit a felony predicate criminal offense; and

(B) That offense is part of a continuing series of two (2) or more predicate criminal offenses that are undertaken by that person in concert with two (2) or more other persons with respect to whom that person occupies a position of organizer, a supervisory position, or any other position of management.

(2) A person who engages in a continuing criminal gang, organization, or enterprise in the first degree is guilty of a felony two (2) classifications higher than the classification of the highest underlying predicate criminal offense referenced in subdivision (a)(1)(A) of this section.

(b) (1) A person commits the offense of engaging in a continuing criminal gang, organization, or enterprise in the second degree if he or she: (A) Commits or attempts to commit or solicits to commit a felony predicate criminal offense; and (B) That offense is part of a continuing series of two (2) or more predicate criminal offenses that are undertaken by that person in concert with two (2) or more other persons, but with respect to whom that person does not occupy the position of organizer, a supervisory position, or any other position of management. (2) A person who engages in a continuing criminal gang, organization, or enterprise in the second degree is guilty of a felony one (1) classification higher than the classification of the highest underlying predicate criminal offense referenced in subdivision (b)(1)(A) of this section.

(1) A person commits the offense of engaging in a continuing criminal gang, organization, or enterprise in the second degree if he or she: (A) Commits or attempts to commit or solicits to commit a felony predicate criminal offense; and (B) That offense is part of a continuing series of two (2) or more predicate criminal offenses that are undertaken by that person in concert with two (2) or more other persons, but with respect to whom that person does not occupy the position of organizer, a supervisory position, or any other position of management.

(A) Commits or attempts to commit or solicits to commit a felony predicate criminal offense; and

(B) That offense is part of a continuing series of two (2) or more predicate criminal offenses that are undertaken by that person in concert with two (2) or more other persons, but with respect to whom that person does not occupy the position of organizer, a supervisory position, or any other position of management.

(2) A person who engages in a continuing criminal gang, organization, or enterprise in the second degree is guilty of a felony one (1) classification higher than the classification of the highest underlying predicate criminal offense referenced in subdivision (b)(1)(A) of this section.

(c) A person who engages in a continuing criminal gang, organization, or enterprise when the underlying predicate criminal offense is a Class A felony or a Class Y felony is guilty of a Class Y felony.

(d) Any sentence of imprisonment imposed pursuant to this section is in addition to any sentence imposed for the violation of a predicate criminal offense.

Acts 1993, No. 1002, § 1.
Ark. Code Ann. § 5-55-102 — AR Code / Title 5 / Chapter 55 / Subchapter 1 / Section 5-55-102
Definitions
Status: in_force

As used in this subchapter: (1) "Arkansas Medicaid Program" means the program authorized under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., that provides for payments for medical goods or services on behalf of indigent families with dependent children and of aged, blind, or disabled individuals whose income and resources are insufficient to meet the cost of necessary medical services, including all transactions through the actual delivery of healthcare goods or services to a Medicaid recipient regardless of whether the healthcare goods or services are paid for directly by the Department of Human Services or indirectly through a fiscal agent, contractor, subcontractor, risk-based provider organization, managed care organization, or individual; (2) "Claim" means any written or electronically submitted request or demand for reimbursement or payment made by any Medicaid provider to the Arkansas Medicaid Program, a managed care organization, or any fiscal agent of the Arkansas Medicaid Program or a managed care organization for each good or service purported to have been provided to any Medicaid recipient and all documentation required to be created or maintained by law or rule to justify, support, approve, or document the delivery of healthcare goods or services to a Medicaid recipient as a condition of participation in the Arkansas Medicaid Program as mandated by the Arkansas Medicaid Program provider agreement, rules, or managed care contract; (3) "Fiscal agent" means any individual, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity that receives, processes, or pays claims for the delivery of healthcare goods or services to Medicaid recipients under the Arkansas Medicaid Program; (4) (A) "Illegal Medicaid participation" means participation in the Arkansas Medicaid Program when the individual or organization is suspended from the Arkansas Medicaid Program or on a state or federal excluded Medicaid provider list. (B) "Illegal Medicaid participation" includes without limitation when a suspended or excluded individual or organization: (i) Is employed or contracting with a Medicaid provider or managed care organization or otherwise associated with a Medicaid provider or managed care organization for the purpose of providing or supervising the provision of goods and services to Medicaid recipients; (ii) Plays any role in the management of a Medicaid provider directly as a manager or management company or indirectly as a consultant or advisor; or (iii) Receives payment for administrative and management services directly or indirectly related to patient care such as processing Medicaid claims for payment, attending to services that assist or support Medicaid recipients, or acting as a Medicaid consultant or advisor; (5) "Managed care organization" means a health insurer, Medicaid provider, or other business entity authorized by state law or through a contract with the state to receive a fixed or capitated rate or fee to manage all or a portion of the delivery of healthcare goods or services to Medicaid recipients; (6) (A) "Medicaid provider" means a person, business organization, risk-based provider organization, or managed care organization that delivers, purports to deliver, or arranges for the delivery of healthcare goods or services to a Medicaid recipient under the Arkansas Medicaid Program. (B) "Medicaid provider" includes an employee, agent, representative, contractor, or subcontractor of a person, business organization, risk-based provider organization, or managed care organization; (7) "Medicaid recipient" means any individual in whose behalf any person claimed or received any payment from the Arkansas Medicaid Program or its fiscal agents, whether or not the individual was eligible for benefits under the Arkansas Medicaid Program; (8) "Person" means any: (A) Medicaid provider of goods or services under the Arkansas Medicaid Program or any employee of the Medicaid provider, independent contractor of the Medicaid provider, contractor of the Medicaid provider, or subcontractor of the Medicaid provider, whether the Medicaid provider be an individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity; or (B) Individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity, or any employee of any individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity, not a Medicaid provider under the Arkansas Medicaid Program but that provides goods or services to a Medicaid provider under the Arkansas Medicaid Program for which the Medicaid provider submits claims to the Arkansas Medicaid Program or its fiscal agents; and (9) (A) "Records" means all documents that disclose the nature, extent, and level of healthcare goods and services provided to Medicaid recipients. (B) "Records" include X-rays, magnetic resonance imaging scans, computed tomography scans, computed axial tomography scans, and other diagnostic imaging commonly used and retained as part of the medical records of a patient. Amended by Act 2019, No. 916,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 916,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 978,§ 2, eff. 8/1/2017. Acts 1979, No. 823, § 2; A.S.A. 1947, § 41-4402; Acts 1993, No. 1291, §§ 1, 8.

As used in this subchapter:

(1) "Arkansas Medicaid Program" means the program authorized under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., that provides for payments for medical goods or services on behalf of indigent families with dependent children and of aged, blind, or disabled individuals whose income and resources are insufficient to meet the cost of necessary medical services, including all transactions through the actual delivery of healthcare goods or services to a Medicaid recipient regardless of whether the healthcare goods or services are paid for directly by the Department of Human Services or indirectly through a fiscal agent, contractor, subcontractor, risk-based provider organization, managed care organization, or individual;

(2) "Claim" means any written or electronically submitted request or demand for reimbursement or payment made by any Medicaid provider to the Arkansas Medicaid Program, a managed care organization, or any fiscal agent of the Arkansas Medicaid Program or a managed care organization for each good or service purported to have been provided to any Medicaid recipient and all documentation required to be created or maintained by law or rule to justify, support, approve, or document the delivery of healthcare goods or services to a Medicaid recipient as a condition of participation in the Arkansas Medicaid Program as mandated by the Arkansas Medicaid Program provider agreement, rules, or managed care contract;

(3) "Fiscal agent" means any individual, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity that receives, processes, or pays claims for the delivery of healthcare goods or services to Medicaid recipients under the Arkansas Medicaid Program;

(4) (A) "Illegal Medicaid participation" means participation in the Arkansas Medicaid Program when the individual or organization is suspended from the Arkansas Medicaid Program or on a state or federal excluded Medicaid provider list. (B) "Illegal Medicaid participation" includes without limitation when a suspended or excluded individual or organization: (i) Is employed or contracting with a Medicaid provider or managed care organization or otherwise associated with a Medicaid provider or managed care organization for the purpose of providing or supervising the provision of goods and services to Medicaid recipients; (ii) Plays any role in the management of a Medicaid provider directly as a manager or management company or indirectly as a consultant or advisor; or (iii) Receives payment for administrative and management services directly or indirectly related to patient care such as processing Medicaid claims for payment, attending to services that assist or support Medicaid recipients, or acting as a Medicaid consultant or advisor;

(A) "Illegal Medicaid participation" means participation in the Arkansas Medicaid Program when the individual or organization is suspended from the Arkansas Medicaid Program or on a state or federal excluded Medicaid provider list.

(B) "Illegal Medicaid participation" includes without limitation when a suspended or excluded individual or organization: (i) Is employed or contracting with a Medicaid provider or managed care organization or otherwise associated with a Medicaid provider or managed care organization for the purpose of providing or supervising the provision of goods and services to Medicaid recipients; (ii) Plays any role in the management of a Medicaid provider directly as a manager or management company or indirectly as a consultant or advisor; or (iii) Receives payment for administrative and management services directly or indirectly related to patient care such as processing Medicaid claims for payment, attending to services that assist or support Medicaid recipients, or acting as a Medicaid consultant or advisor;

(i) Is employed or contracting with a Medicaid provider or managed care organization or otherwise associated with a Medicaid provider or managed care organization for the purpose of providing or supervising the provision of goods and services to Medicaid recipients;

(ii) Plays any role in the management of a Medicaid provider directly as a manager or management company or indirectly as a consultant or advisor; or

(iii) Receives payment for administrative and management services directly or indirectly related to patient care such as processing Medicaid claims for payment, attending to services that assist or support Medicaid recipients, or acting as a Medicaid consultant or advisor;

(5) "Managed care organization" means a health insurer, Medicaid provider, or other business entity authorized by state law or through a contract with the state to receive a fixed or capitated rate or fee to manage all or a portion of the delivery of healthcare goods or services to Medicaid recipients;

(6) (A) "Medicaid provider" means a person, business organization, risk-based provider organization, or managed care organization that delivers, purports to deliver, or arranges for the delivery of healthcare goods or services to a Medicaid recipient under the Arkansas Medicaid Program. (B) "Medicaid provider" includes an employee, agent, representative, contractor, or subcontractor of a person, business organization, risk-based provider organization, or managed care organization;

(A) "Medicaid provider" means a person, business organization, risk-based provider organization, or managed care organization that delivers, purports to deliver, or arranges for the delivery of healthcare goods or services to a Medicaid recipient under the Arkansas Medicaid Program.

(B) "Medicaid provider" includes an employee, agent, representative, contractor, or subcontractor of a person, business organization, risk-based provider organization, or managed care organization;

(7) "Medicaid recipient" means any individual in whose behalf any person claimed or received any payment from the Arkansas Medicaid Program or its fiscal agents, whether or not the individual was eligible for benefits under the Arkansas Medicaid Program;

(8) "Person" means any: (A) Medicaid provider of goods or services under the Arkansas Medicaid Program or any employee of the Medicaid provider, independent contractor of the Medicaid provider, contractor of the Medicaid provider, or subcontractor of the Medicaid provider, whether the Medicaid provider be an individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity; or (B) Individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity, or any employee of any individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity, not a Medicaid provider under the Arkansas Medicaid Program but that provides goods or services to a Medicaid provider under the Arkansas Medicaid Program for which the Medicaid provider submits claims to the Arkansas Medicaid Program or its fiscal agents; and

(A) Medicaid provider of goods or services under the Arkansas Medicaid Program or any employee of the Medicaid provider, independent contractor of the Medicaid provider, contractor of the Medicaid provider, or subcontractor of the Medicaid provider, whether the Medicaid provider be an individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity; or

(B) Individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity, or any employee of any individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity, not a Medicaid provider under the Arkansas Medicaid Program but that provides goods or services to a Medicaid provider under the Arkansas Medicaid Program for which the Medicaid provider submits claims to the Arkansas Medicaid Program or its fiscal agents; and

(9) (A) "Records" means all documents that disclose the nature, extent, and level of healthcare goods and services provided to Medicaid recipients. (B) "Records" include X-rays, magnetic resonance imaging scans, computed tomography scans, computed axial tomography scans, and other diagnostic imaging commonly used and retained as part of the medical records of a patient.

(A) "Records" means all documents that disclose the nature, extent, and level of healthcare goods and services provided to Medicaid recipients.

(B) "Records" include X-rays, magnetic resonance imaging scans, computed tomography scans, computed axial tomography scans, and other diagnostic imaging commonly used and retained as part of the medical records of a patient.

Amended by Act 2019, No. 916,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 916,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 978,§ 2, eff. 8/1/2017.

Acts 1979, No. 823, § 2; A.S.A. 1947, § 41-4402; Acts 1993, No. 1291, §§ 1, 8.
Ark. Code Ann. § 5-1-101 — AR Code / Title 5 / Chapter 1 / Section 5-1-101
Title
Status: in_force

This act shall be known as the "Arkansas Criminal Code". Acts 1975, No. 280, § 101; A.S.A. 1947, § 41-101.

This act shall be known as the "Arkansas Criminal Code".

Acts 1975, No. 280, § 101; A.S.A. 1947, § 41-101.
Ark. Code Ann. § 5-37-205 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-205
Issuing a false financial statement
Status: in_force

(a) A person commits the offense of issuing a false financial statement if, with purpose to defraud or injure, the person: (1) Makes or delivers a written instrument that describes his or her or another person's financial condition or ability to pay, knowing the written instrument is inaccurate in some material respect; or (2) Represents in writing that a written instrument that describes a person's financial condition or ability to pay is accurate with respect to that person's financial condition or ability to pay, knowing the written instrument is inaccurate in some material respect. (b) Issuing a false financial statement is a Class A misdemeanor. Acts 1975, No. 280, § 2306; A.S.A. 1947, § 41-2306.

(a) A person commits the offense of issuing a false financial statement if, with purpose to defraud or injure, the person: (1) Makes or delivers a written instrument that describes his or her or another person's financial condition or ability to pay, knowing the written instrument is inaccurate in some material respect; or (2) Represents in writing that a written instrument that describes a person's financial condition or ability to pay is accurate with respect to that person's financial condition or ability to pay, knowing the written instrument is inaccurate in some material respect.

(1) Makes or delivers a written instrument that describes his or her or another person's financial condition or ability to pay, knowing the written instrument is inaccurate in some material respect; or

(2) Represents in writing that a written instrument that describes a person's financial condition or ability to pay is accurate with respect to that person's financial condition or ability to pay, knowing the written instrument is inaccurate in some material respect.

(b) Issuing a false financial statement is a Class A misdemeanor.

Acts 1975, No. 280, § 2306; A.S.A. 1947, § 41-2306.
Ark. Code Ann. § 5-36-102 — AR Code / Title 5 / Chapter 36 / Subchapter 1 / Section 5-36-102
Consolidation of offenses - Theft by deception presumption at auction of livestock - Amount of theft
Status: in_force

(a) Conduct denominated theft in this chapter constitutes a single offense embracing the separate offenses known before January 1, 1976, as: (1) Larceny; (2) Embezzlement; (3) False pretense; (4) Extortion; (5) Blackmail; (6) Fraudulent conversion; (7) Receiving stolen property; and (8) Other similar offenses. (b) Notwithstanding the specification of a different manner in the indictment or information, a criminal charge of theft may be supported by evidence that it was committed in any manner that would be theft under this chapter subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief if the conduct of the defense would be prejudiced by lack of fair notice or by surprise. (c) A person who is subject to 7 U.S.C. § 181 et seq. that obtains livestock from a commission merchant by representing that the person will make prompt payment is presumed to have obtained the livestock by deception if the person fails to make payment in accordance with 7 U.S.C. § 228b . (d) (1) The amount involved in a theft is deemed to be the highest value, by any reasonable standard, of the property or service that the actor obtained or attempted to obtain. (2) An amount involved in a theft committed pursuant to one (1) scheme or course of conduct, whether from one (1) or more persons, may be aggregated in determining the grade of the offense. Amended by Act 2015, No. 1263,§ 2, eff. 7/22/2015. Acts 1975, No. 280, § 2202; A.S.A. 1947, § 41-2202; Acts 2009, No. 1401, § 1.

(a) Conduct denominated theft in this chapter constitutes a single offense embracing the separate offenses known before January 1, 1976, as: (1) Larceny; (2) Embezzlement; (3) False pretense; (4) Extortion; (5) Blackmail; (6) Fraudulent conversion; (7) Receiving stolen property; and (8) Other similar offenses.

(1) Larceny;

(2) Embezzlement;

(3) False pretense;

(4) Extortion;

(5) Blackmail;

(6) Fraudulent conversion;

(7) Receiving stolen property; and

(8) Other similar offenses.

(b) Notwithstanding the specification of a different manner in the indictment or information, a criminal charge of theft may be supported by evidence that it was committed in any manner that would be theft under this chapter subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief if the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

(c) A person who is subject to 7 U.S.C. § 181 et seq. that obtains livestock from a commission merchant by representing that the person will make prompt payment is presumed to have obtained the livestock by deception if the person fails to make payment in accordance with 7 U.S.C. § 228b .

(d) (1) The amount involved in a theft is deemed to be the highest value, by any reasonable standard, of the property or service that the actor obtained or attempted to obtain. (2) An amount involved in a theft committed pursuant to one (1) scheme or course of conduct, whether from one (1) or more persons, may be aggregated in determining the grade of the offense.

(1) The amount involved in a theft is deemed to be the highest value, by any reasonable standard, of the property or service that the actor obtained or attempted to obtain.

(2) An amount involved in a theft committed pursuant to one (1) scheme or course of conduct, whether from one (1) or more persons, may be aggregated in determining the grade of the offense.

Amended by Act 2015, No. 1263,§ 2, eff. 7/22/2015.

Acts 1975, No. 280, § 2202; A.S.A. 1947, § 41-2202; Acts 2009, No. 1401, § 1.
Ark. Code Ann. § 5-61-102 — AR Code / Title 5 / Chapter 61 / Subchapter 1 / Section 5-61-102
Unlawful abortion
Status: in_force

(a) It is unlawful for any person to administer or prescribe any medicine or drug to any woman with child with the intent to produce an abortion or premature delivery of any fetus before or after the period of quickening or to produce or attempt to produce the abortion by any other means. (b) Any person violating a provision of this section is guilty of a Class D felony. (c) Nothing in this section 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. Acts 1969, No. 61, § 1; A.S.A. 1947, § 41-2553; Acts 1999, No. 1273, § 5; 2005, No. 1994, § 428.

(a) It is unlawful for any person to administer or prescribe any medicine or drug to any woman with child with the intent to produce an abortion or premature delivery of any fetus before or after the period of quickening or to produce or attempt to produce the abortion by any other means.

(b) Any person violating a provision of this section is guilty of a Class D felony.

(c) Nothing in this section 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.

Acts 1969, No. 61, § 1; A.S.A. 1947, § 41-2553; Acts 1999, No. 1273, § 5; 2005, No. 1994, § 428.
Ark. Code Ann. § 5-62-105 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-105
Exemptions
Status: in_force

(a) This subchapter does not prohibit any of the following activities: (1) Reasonably acting to protect a person or a person's property from damage; (2) Injuring or humanely killing an animal on the property of a person if the person is acting as a reasonable person would act under similar circumstances and if the animal is reasonably believed to constitute a threat of physical injury or damage to any animal under the care or control of the person; (3) Engaging in practices lawful under the Arkansas Veterinary Medical Practice Act, § 17-101-101 et seq., or engaging in activities by or at the direction of any licensed veterinarian while following accepted standards of practice of the profession, including the euthanizing of an animal; (4) Rendering emergency care, treatment, or assistance, including humanely killing an animal, that is abandoned, ill, injured, or in distress related to an accident or disaster, or where there appears to be no reasonable probability that the life or usefulness of the animal can be saved, if the person rendering the emergency care, treatment, or assistance is: (A) Acting in good faith; (B) Not receiving compensation; and (C) Acting as a reasonable person would act under similar circumstances; (5) Performing generally accepted animal husbandry practices; (6) Performing professional pest control activities in a lawful manner; (7) Performing generally accepted training for or participating in a rodeo, equine activity, or competitive activity; (8) Engaging in generally accepted practices of animal identification; (9) Engaging in the taking of game or fish through hunting, trapping, or fishing, or engaging in any other activity authorized by Arkansas Constitution, Amendment 35, by § 15-41-101 et seq., or by any Arkansas State Game and Fish Commission regulation or rule promulgated under either Arkansas Constitution, Amendment 35, or statute; (10) Conducting activities undertaken by research and education facilities or institutions that are: (A) Regulated under the Animal Welfare Act, 7 U.S.C. § 2131 et seq., as in effect on January 1, 2009; (B) Regulated under the Health Research Extension Act of 1985, Pub. L. No. 99-158; or (C) Subject to any federal law or regulation governing animal research that is in effect on January 1, 2009; and (11) Applying generally accepted methods used to train dogs engaged in hunting, field trials, service work, obedience training, or any similar activities authorized by the Arkansas State Game and Fish Commission. (b) In addition to the exemptions in subsection (a) of this section, this subchapter does not prohibit a person from engaging in or performing conduct that is otherwise permitted under the laws of this state or of the United States, including without limitation agricultural activities, butchering, food processing, marketing, medical activities, zoological activities, or exhibitions. Amended by Act 2019, No. 315,§ 156, eff. 7/24/2019. Acts 2009, No. 33, § 3.

(a) This subchapter does not prohibit any of the following activities: (1) Reasonably acting to protect a person or a person's property from damage; (2) Injuring or humanely killing an animal on the property of a person if the person is acting as a reasonable person would act under similar circumstances and if the animal is reasonably believed to constitute a threat of physical injury or damage to any animal under the care or control of the person; (3) Engaging in practices lawful under the Arkansas Veterinary Medical Practice Act, § 17-101-101 et seq., or engaging in activities by or at the direction of any licensed veterinarian while following accepted standards of practice of the profession, including the euthanizing of an animal; (4) Rendering emergency care, treatment, or assistance, including humanely killing an animal, that is abandoned, ill, injured, or in distress related to an accident or disaster, or where there appears to be no reasonable probability that the life or usefulness of the animal can be saved, if the person rendering the emergency care, treatment, or assistance is: (A) Acting in good faith; (B) Not receiving compensation; and (C) Acting as a reasonable person would act under similar circumstances; (5) Performing generally accepted animal husbandry practices; (6) Performing professional pest control activities in a lawful manner; (7) Performing generally accepted training for or participating in a rodeo, equine activity, or competitive activity; (8) Engaging in generally accepted practices of animal identification; (9) Engaging in the taking of game or fish through hunting, trapping, or fishing, or engaging in any other activity authorized by Arkansas Constitution, Amendment 35, by § 15-41-101 et seq., or by any Arkansas State Game and Fish Commission regulation or rule promulgated under either Arkansas Constitution, Amendment 35, or statute; (10) Conducting activities undertaken by research and education facilities or institutions that are: (A) Regulated under the Animal Welfare Act, 7 U.S.C. § 2131 et seq., as in effect on January 1, 2009; (B) Regulated under the Health Research Extension Act of 1985, Pub. L. No. 99-158; or (C) Subject to any federal law or regulation governing animal research that is in effect on January 1, 2009; and (11) Applying generally accepted methods used to train dogs engaged in hunting, field trials, service work, obedience training, or any similar activities authorized by the Arkansas State Game and Fish Commission.

(1) Reasonably acting to protect a person or a person's property from damage;

(2) Injuring or humanely killing an animal on the property of a person if the person is acting as a reasonable person would act under similar circumstances and if the animal is reasonably believed to constitute a threat of physical injury or damage to any animal under the care or control of the person;

(3) Engaging in practices lawful under the Arkansas Veterinary Medical Practice Act, § 17-101-101 et seq., or engaging in activities by or at the direction of any licensed veterinarian while following accepted standards of practice of the profession, including the euthanizing of an animal;

(4) Rendering emergency care, treatment, or assistance, including humanely killing an animal, that is abandoned, ill, injured, or in distress related to an accident or disaster, or where there appears to be no reasonable probability that the life or usefulness of the animal can be saved, if the person rendering the emergency care, treatment, or assistance is: (A) Acting in good faith; (B) Not receiving compensation; and (C) Acting as a reasonable person would act under similar circumstances;

(A) Acting in good faith;

(B) Not receiving compensation; and

(C) Acting as a reasonable person would act under similar circumstances;

(5) Performing generally accepted animal husbandry practices;

(6) Performing professional pest control activities in a lawful manner;

(7) Performing generally accepted training for or participating in a rodeo, equine activity, or competitive activity;

(8) Engaging in generally accepted practices of animal identification;

(9) Engaging in the taking of game or fish through hunting, trapping, or fishing, or engaging in any other activity authorized by Arkansas Constitution, Amendment 35, by § 15-41-101 et seq., or by any Arkansas State Game and Fish Commission regulation or rule promulgated under either Arkansas Constitution, Amendment 35, or statute;

(10) Conducting activities undertaken by research and education facilities or institutions that are: (A) Regulated under the Animal Welfare Act, 7 U.S.C. § 2131 et seq., as in effect on January 1, 2009; (B) Regulated under the Health Research Extension Act of 1985, Pub. L. No. 99-158; or (C) Subject to any federal law or regulation governing animal research that is in effect on January 1, 2009; and

(A) Regulated under the Animal Welfare Act, 7 U.S.C. § 2131 et seq., as in effect on January 1, 2009;

(B) Regulated under the Health Research Extension Act of 1985, Pub. L. No. 99-158; or

(C) Subject to any federal law or regulation governing animal research that is in effect on January 1, 2009; and

(11) Applying generally accepted methods used to train dogs engaged in hunting, field trials, service work, obedience training, or any similar activities authorized by the Arkansas State Game and Fish Commission.

(b) In addition to the exemptions in subsection (a) of this section, this subchapter does not prohibit a person from engaging in or performing conduct that is otherwise permitted under the laws of this state or of the United States, including without limitation agricultural activities, butchering, food processing, marketing, medical activities, zoological activities, or exhibitions.

Amended by Act 2019, No. 315,§ 156, eff. 7/24/2019.

Acts 2009, No. 33, § 3.
Ark. Code Ann. § 5-53-131 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-131
Frivolous, groundless, or malicious prosecutions
Status: in_force

(a) Any officer or any person who knowingly brings or aids and encourages another person to bring a frivolous, groundless, or malicious prosecution upon conviction is guilty of a Class A misdemeanor. (b) Any officer or any person who knowingly brings or aids or encourages another person to bring a frivolous, groundless, or malicious prosecution seeking to subject a person to delayed release under § 5-4-405 upon conviction is guilty of a Class C felony. Amended by Act 2021, No. 681,§ 2, eff. 7/28/2021. Acts 1871, No. 31, § 5, p. 96; C. & M. Dig., § 2765; Pope's Dig., § 3470; A.S.A. 1947, § 41-2651; Acts 2005, No. 1994, § 452.

(a) Any officer or any person who knowingly brings or aids and encourages another person to bring a frivolous, groundless, or malicious prosecution upon conviction is guilty of a Class A misdemeanor.

(b) Any officer or any person who knowingly brings or aids or encourages another person to bring a frivolous, groundless, or malicious prosecution seeking to subject a person to delayed release under § 5-4-405 upon conviction is guilty of a Class C felony.

Amended by Act 2021, No. 681,§ 2, eff. 7/28/2021.

Acts 1871, No. 31, § 5, p. 96; C. & M. Dig., § 2765; Pope's Dig., § 3470; A.S.A. 1947, § 41-2651; Acts 2005, No. 1994, § 452.
Ark. Code Ann. § 5-79-101 — AR Code / Title 5 / Chapter 79 / Section 5-79-101
Criminal possession of body armor
Status: in_force

(a) A person commits criminal possession of body armor if the person knowingly possesses body armor and he or she: (1) Has been found guilty of or has pleaded guilty or nolo contendere to any of the following offenses: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Manslaughter, § 5-10-104 ; (E) Aggravated robbery, § 5-12-103 ; (F) Battery in the first degree, § 5-13-201 ; (G) Aggravated assault, § 5-13-204 ; (H) A felony violation of § 5-64-401 et seq.; or (I) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; or (2) Is committing or attempts to commit: (A) A felony involving violence as defined in § 5-4-501(d)(2) ; (B) Capital murder, § 5-10-101 , manslaughter, § 5-10-104 , or negligent homicide, § 5-10-105 ; (C) False imprisonment in the first degree, § 5-11-103 , false imprisonment in the second degree, § 5-11-104 , vehicular piracy, § 5-11-105 , or permanent detention or restraint, § 5-11-106 ; (D) Robbery, § 5-12-102 ; (E) Battery in the second degree, § 5-13-202 ; or (F) Trafficking of persons, § 5-18-103 . (b) As used in this section, "body armor" means any material designed to be worn on the body and to provide bullet penetration resistance. (c) Criminal possession of body armor is a Class D felony. Amended by Act 2017, No. 367,§ 6, eff. 8/1/2017. Amended by Act 2013, No. 542,§ 1, eff. 8/16/2013. Acts 1999, No. 1449, § 1; 2005, No. 1994, § 299.

(a) A person commits criminal possession of body armor if the person knowingly possesses body armor and he or she: (1) Has been found guilty of or has pleaded guilty or nolo contendere to any of the following offenses: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Manslaughter, § 5-10-104 ; (E) Aggravated robbery, § 5-12-103 ; (F) Battery in the first degree, § 5-13-201 ; (G) Aggravated assault, § 5-13-204 ; (H) A felony violation of § 5-64-401 et seq.; or (I) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; or (2) Is committing or attempts to commit: (A) A felony involving violence as defined in § 5-4-501(d)(2) ; (B) Capital murder, § 5-10-101 , manslaughter, § 5-10-104 , or negligent homicide, § 5-10-105 ; (C) False imprisonment in the first degree, § 5-11-103 , false imprisonment in the second degree, § 5-11-104 , vehicular piracy, § 5-11-105 , or permanent detention or restraint, § 5-11-106 ; (D) Robbery, § 5-12-102 ; (E) Battery in the second degree, § 5-13-202 ; or (F) Trafficking of persons, § 5-18-103 .

(1) Has been found guilty of or has pleaded guilty or nolo contendere to any of the following offenses: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Manslaughter, § 5-10-104 ; (E) Aggravated robbery, § 5-12-103 ; (F) Battery in the first degree, § 5-13-201 ; (G) Aggravated assault, § 5-13-204 ; (H) A felony violation of § 5-64-401 et seq.; or (I) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; or

(A) Capital murder, § 5-10-101 ;

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

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

(D) Manslaughter, § 5-10-104 ;

(E) Aggravated robbery, § 5-12-103 ;

(F) Battery in the first degree, § 5-13-201 ;

(G) Aggravated assault, § 5-13-204 ;

(H) A felony violation of § 5-64-401 et seq.; or

(I) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; or

(2) Is committing or attempts to commit: (A) A felony involving violence as defined in § 5-4-501(d)(2) ; (B) Capital murder, § 5-10-101 , manslaughter, § 5-10-104 , or negligent homicide, § 5-10-105 ; (C) False imprisonment in the first degree, § 5-11-103 , false imprisonment in the second degree, § 5-11-104 , vehicular piracy, § 5-11-105 , or permanent detention or restraint, § 5-11-106 ; (D) Robbery, § 5-12-102 ; (E) Battery in the second degree, § 5-13-202 ; or (F) Trafficking of persons, § 5-18-103 .

(A) A felony involving violence as defined in § 5-4-501(d)(2) ;

(B) Capital murder, § 5-10-101 , manslaughter, § 5-10-104 , or negligent homicide, § 5-10-105 ;

(C) False imprisonment in the first degree, § 5-11-103 , false imprisonment in the second degree, § 5-11-104 , vehicular piracy, § 5-11-105 , or permanent detention or restraint, § 5-11-106 ;

(D) Robbery, § 5-12-102 ;

(E) Battery in the second degree, § 5-13-202 ; or

(F) Trafficking of persons, § 5-18-103 .

(b) As used in this section, "body armor" means any material designed to be worn on the body and to provide bullet penetration resistance.

(c) Criminal possession of body armor is a Class D felony.

Amended by Act 2017, No. 367,§ 6, eff. 8/1/2017.

Amended by Act 2013, No. 542,§ 1, eff. 8/16/2013.

Acts 1999, No. 1449, § 1; 2005, No. 1994, § 299.
Ark. Code Ann. § 5-2-301 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-301
Definitions
Status: in_force

As used in this subchapter: (1) "Appropriate facility" means any facility within or without this state to which a defendant is eligible for admission and treatment for mental disease or defect; (2) "Compliance monitor" means either a social service representative or licensed social worker, or both, employed by the Department of Human Services for the purpose of, including, but not limited to: (A) Verifying that a person conditionally released pursuant to a provision of this subchapter is in compliance with the conditions for release; (B) Providing social service assistance to a person conditionally released pursuant to a provision of this subchapter; and (C) Reporting compliance with the conditions for release or lack of compliance with the conditions for release to the appropriate circuit court; (3) "Designated receiving facility or program" means an inpatient or outpatient treatment facility or program that is designated within each geographic area of the state by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to accept the responsibility for the care, custody, and treatment of a person involuntarily admitted to the state mental health system; (4) "Expert" means a qualified psychiatrist or a qualified psychologist; (5) "Frivolous" means clearly lacking any basis in fact or law; (6) "Lack of criminal responsibility" means that due to a mental disease or defect a defendant lacked the capacity at the time of the alleged offense to either: (A) Appreciate the criminality of his or her conduct; or (B) Conform his or her conduct to the requirements of the law; (7) (A) "Mental disease or defect" means a: (i) Substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life; (ii) State of significantly subaverage general intellectual functioning existing concurrently with a defect of adaptive behavior that developed during the developmental period; or (iii) Significant impairment in cognitive functioning acquired as a direct consequence of a brain injury or resulting from a progressively deteriorating neurological condition. (B) As used in the Arkansas Criminal Code, "mental disease or defect" does not include an abnormality manifested only by: (i) Repeated criminal or otherwise antisocial conduct; (ii) Continuous or noncontinuous periods of intoxication, as defined in § 5-2-207(b)(1) , caused by a substance such as alcohol or a drug; or (iii) Dependence upon or addiction to any substance such as alcohol or a drug; (8) "Prescribed regimen of medical, psychiatric, or psychological care or treatment" means care or treatment for a mental illness, as defined in § 20-47-202 ; (9) "Qualified psychiatrist" means a licensed psychiatrist who has successfully completed or is currently participating in a post-residency fellowship in forensic psychiatry accredited by the American Board of Psychiatry and Neurology, Inc., or has successfully completed a forensic certification course approved by the department, and who is currently approved by the department to administer a forensic examination as defined in this subchapter; (10) "Qualified psychologist" means a licensed psychologist who has successfully completed or is currently participating in a formal postdoctoral fellowship training program in forensic psychology or has successfully completed a forensic certification course approved by the department, and who is currently approved by the department to administer a forensic examination as defined in this subchapter; (11) "Repetitive" means filed within six (6) months of an application under § 5-2-316 that has been previously denied and that fails to demonstrate a material change in circumstances; (12) (A) "Restraint" means any manual method, physical or mechanical device, material, or equipment that immobilizes a person or reduces the ability of a person to move his or her arms, legs, body, or head freely. (B) "Restraint" does not include devices such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, or other methods that involve the physical holding of a person for the purpose of protecting the person from falling or to permit the person to participate in activities without the risk of physical harm to himself or herself; and (13) "State mental health system" means the Arkansas State Hospital and any other facility or program certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. Amended by Act 2017, No. 913,§ 11, eff. 8/1/2017. Amended by Act 2017, No. 913,§ 12, eff. 8/1/2017. Amended by Act 2017, No. 472,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 472,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 472,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 981,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 981,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 616; A.S.A. 1947, § 41-616; Acts 1995, No. 767, § 1; 1997, No. 922, § 1; 2001, No. 1554, § 1; 2007, No. 636, § 1.

As used in this subchapter:

(1) "Appropriate facility" means any facility within or without this state to which a defendant is eligible for admission and treatment for mental disease or defect;

(2) "Compliance monitor" means either a social service representative or licensed social worker, or both, employed by the Department of Human Services for the purpose of, including, but not limited to: (A) Verifying that a person conditionally released pursuant to a provision of this subchapter is in compliance with the conditions for release; (B) Providing social service assistance to a person conditionally released pursuant to a provision of this subchapter; and (C) Reporting compliance with the conditions for release or lack of compliance with the conditions for release to the appropriate circuit court;

(A) Verifying that a person conditionally released pursuant to a provision of this subchapter is in compliance with the conditions for release;

(B) Providing social service assistance to a person conditionally released pursuant to a provision of this subchapter; and

(C) Reporting compliance with the conditions for release or lack of compliance with the conditions for release to the appropriate circuit court;

(3) "Designated receiving facility or program" means an inpatient or outpatient treatment facility or program that is designated within each geographic area of the state by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to accept the responsibility for the care, custody, and treatment of a person involuntarily admitted to the state mental health system;

(4) "Expert" means a qualified psychiatrist or a qualified psychologist;

(5) "Frivolous" means clearly lacking any basis in fact or law;

(6) "Lack of criminal responsibility" means that due to a mental disease or defect a defendant lacked the capacity at the time of the alleged offense to either: (A) Appreciate the criminality of his or her conduct; or (B) Conform his or her conduct to the requirements of the law;

(A) Appreciate the criminality of his or her conduct; or

(B) Conform his or her conduct to the requirements of the law;

(7) (A) "Mental disease or defect" means a: (i) Substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life; (ii) State of significantly subaverage general intellectual functioning existing concurrently with a defect of adaptive behavior that developed during the developmental period; or (iii) Significant impairment in cognitive functioning acquired as a direct consequence of a brain injury or resulting from a progressively deteriorating neurological condition. (B) As used in the Arkansas Criminal Code, "mental disease or defect" does not include an abnormality manifested only by: (i) Repeated criminal or otherwise antisocial conduct; (ii) Continuous or noncontinuous periods of intoxication, as defined in § 5-2-207(b)(1) , caused by a substance such as alcohol or a drug; or (iii) Dependence upon or addiction to any substance such as alcohol or a drug;

(A) "Mental disease or defect" means a: (i) Substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life; (ii) State of significantly subaverage general intellectual functioning existing concurrently with a defect of adaptive behavior that developed during the developmental period; or (iii) Significant impairment in cognitive functioning acquired as a direct consequence of a brain injury or resulting from a progressively deteriorating neurological condition.

(i) Substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life;

(ii) State of significantly subaverage general intellectual functioning existing concurrently with a defect of adaptive behavior that developed during the developmental period; or

(iii) Significant impairment in cognitive functioning acquired as a direct consequence of a brain injury or resulting from a progressively deteriorating neurological condition.

(B) As used in the Arkansas Criminal Code, "mental disease or defect" does not include an abnormality manifested only by: (i) Repeated criminal or otherwise antisocial conduct; (ii) Continuous or noncontinuous periods of intoxication, as defined in § 5-2-207(b)(1) , caused by a substance such as alcohol or a drug; or (iii) Dependence upon or addiction to any substance such as alcohol or a drug;

(i) Repeated criminal or otherwise antisocial conduct;

(ii) Continuous or noncontinuous periods of intoxication, as defined in § 5-2-207(b)(1) , caused by a substance such as alcohol or a drug; or

(iii) Dependence upon or addiction to any substance such as alcohol or a drug;

(8) "Prescribed regimen of medical, psychiatric, or psychological care or treatment" means care or treatment for a mental illness, as defined in § 20-47-202 ;

(9) "Qualified psychiatrist" means a licensed psychiatrist who has successfully completed or is currently participating in a post-residency fellowship in forensic psychiatry accredited by the American Board of Psychiatry and Neurology, Inc., or has successfully completed a forensic certification course approved by the department, and who is currently approved by the department to administer a forensic examination as defined in this subchapter;

(10) "Qualified psychologist" means a licensed psychologist who has successfully completed or is currently participating in a formal postdoctoral fellowship training program in forensic psychology or has successfully completed a forensic certification course approved by the department, and who is currently approved by the department to administer a forensic examination as defined in this subchapter;

(11) "Repetitive" means filed within six (6) months of an application under § 5-2-316 that has been previously denied and that fails to demonstrate a material change in circumstances;

(12) (A) "Restraint" means any manual method, physical or mechanical device, material, or equipment that immobilizes a person or reduces the ability of a person to move his or her arms, legs, body, or head freely. (B) "Restraint" does not include devices such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, or other methods that involve the physical holding of a person for the purpose of protecting the person from falling or to permit the person to participate in activities without the risk of physical harm to himself or herself; and

(A) "Restraint" means any manual method, physical or mechanical device, material, or equipment that immobilizes a person or reduces the ability of a person to move his or her arms, legs, body, or head freely.

(B) "Restraint" does not include devices such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, or other methods that involve the physical holding of a person for the purpose of protecting the person from falling or to permit the person to participate in activities without the risk of physical harm to himself or herself; and

(13) "State mental health system" means the Arkansas State Hospital and any other facility or program certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.

Amended by Act 2017, No. 913,§ 11, eff. 8/1/2017.

Amended by Act 2017, No. 913,§ 12, eff. 8/1/2017.

Amended by Act 2017, No. 472,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 472,§ 2, eff. 8/1/2017.

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

Amended by Act 2013, No. 981,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 981,§ 1, eff. 8/16/2013.

Acts 1975, No. 280, § 616; A.S.A. 1947, § 41-616; Acts 1995, No. 767, § 1; 1997, No. 922, § 1; 2001, No. 1554, § 1; 2007, No. 636, § 1.
Ark. Code Ann. § 5-65-202 — AR Code / Title 5 / Chapter 65 / Subchapter 2 / Section 5-65-202
Implied consent
Status: in_force

(a) A person who operates a motorboat on the waters of this state or a motor vehicle or is in actual physical control of a motorboat on the waters of this state or a motor vehicle is deemed to have given consent, subject to § 5-65-203 , to one (1) or more chemical tests of his or her breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of his or her breath or blood if: (1) The person is arrested for any offense arising out of an act alleged to have been committed while the person was driving or boating while intoxicated or driving or boating while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood; (2) The person is involved in an accident while operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle; or (3) At the time the person is arrested for driving or boating while intoxicated, the law enforcement officer has reasonable cause to believe that the person, while operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle, is intoxicated or has an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood. (b) A person who is dead, unconscious, or otherwise in a condition rendering him or her incapable of refusal is deemed not to have withdrawn the consent provided by subsection (a) of this section, and one (1) or more chemical tests may be administered subject to § 5-65-203 . (c) Absent exigent circumstances, a test of a person's blood under this section to determine the person's alcohol concentration, controlled substance content, or other intoxicating substance content in his or her blood requires a warrant based on probable cause that the person was operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or the person's express consent to the test. Amended by Act 2021, No. 147,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 1031,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1155,§ 11, eff. 7/22/2015. Amended by Act 2015, No. 299,§ 7, eff. 7/22/2015. Amended by Act 2013, No. 361,§ 4, eff. 8/16/2013. Acts 1969, No. 106, § 1; 1971, No. 55, § 1; 1971, No. 306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549, § 11; A.S.A. 1947, § 75-1045; Acts 1987, No. 75, § 1; 1993, No. 132, § 1; 2001, No. 561, § 7; 2009, No. 431, § 1.

(a) A person who operates a motorboat on the waters of this state or a motor vehicle or is in actual physical control of a motorboat on the waters of this state or a motor vehicle is deemed to have given consent, subject to § 5-65-203 , to one (1) or more chemical tests of his or her breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of his or her breath or blood if: (1) The person is arrested for any offense arising out of an act alleged to have been committed while the person was driving or boating while intoxicated or driving or boating while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood; (2) The person is involved in an accident while operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle; or (3) At the time the person is arrested for driving or boating while intoxicated, the law enforcement officer has reasonable cause to believe that the person, while operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle, is intoxicated or has an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood.

(1) The person is arrested for any offense arising out of an act alleged to have been committed while the person was driving or boating while intoxicated or driving or boating while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood;

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

(3) At the time the person is arrested for driving or boating while intoxicated, the law enforcement officer has reasonable cause to believe that the person, while operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle, is intoxicated or has an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood.

(b) A person who is dead, unconscious, or otherwise in a condition rendering him or her incapable of refusal is deemed not to have withdrawn the consent provided by subsection (a) of this section, and one (1) or more chemical tests may be administered subject to § 5-65-203 .

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

Amended by Act 2021, No. 147,§ 1, eff. 7/28/2021.

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

Amended by Act 2015, No. 1155,§ 11, eff. 7/22/2015.

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

Amended by Act 2013, No. 361,§ 4, eff. 8/16/2013.

Acts 1969, No. 106, § 1; 1971, No. 55, § 1; 1971, No. 306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549, § 11; A.S.A. 1947, § 75-1045; Acts 1987, No. 75, § 1; 1993, No. 132, § 1; 2001, No. 561, § 7; 2009, No. 431, § 1.
Ark. Code Ann. § 5-29-203 — AR Code / Title 5 / Chapter 29 / Subchapter 2 / Section 5-29-203
Abuse of a vulnerable person
Status: in_force

(a) A person commits abuse of a vulnerable person if, being a healthcare provider or caregiver, he or she purposely abuses a vulnerable person under his or her care or to whom he or she has access due to his or her position as a healthcare provider or caregiver. (b) Abuse of a vulnerable person is a: (1) Class B felony if the abuse causes serious physical injury or a substantial risk of death to the vulnerable person; (2) Class D felony if the abuse causes physical injury to the vulnerable person; or (3) Class B misdemeanor if otherwise committed. (c) It is an affirmative defense to a prosecution under this section for the use of a physical restraint or chemical restraint if the physical restraint or chemical restraint was necessary for the immediate safety of the vulnerable person, another patient, or staff in the inpatient facility. Added by Act 2023, No. 783,§ 1, eff. 8/1/2023.

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

(b) Abuse of a vulnerable person is a: (1) Class B felony if the abuse causes serious physical injury or a substantial risk of death to the vulnerable person; (2) Class D felony if the abuse causes physical injury to the vulnerable person; or (3) Class B misdemeanor if otherwise committed.

(1) Class B felony if the abuse causes serious physical injury or a substantial risk of death to the vulnerable person;

(2) Class D felony if the abuse causes physical injury to the vulnerable person; or

(3) Class B misdemeanor if otherwise committed.

(c) It is an affirmative defense to a prosecution under this section for the use of a physical restraint or chemical restraint if the physical restraint or chemical restraint was necessary for the immediate safety of the vulnerable person, another patient, or staff in the inpatient facility.

Added by Act 2023, No. 783,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 5-71-302 — AR Code / Title 5 / Chapter 71 / Subchapter 3 / Section 5-71-302
Promoting civil disorder in the first degree
Status: in_force

(1) Any person who teaches or demonstrates to any other person the use, application, or construction of any firearm or explosive or incendiary device capable of causing injury or death to any person, knowing or intending that the firearm or explosive or incendiary device be used in furtherance of a civil disorder is guilty of the crime of promoting civil disorder in the first degree. (2) Promoting civil disorder in the first degree is a Class C felony. Acts 1985, No. 903, § 2; A.S.A. 1947, § 41-2927.

(1) Any person who teaches or demonstrates to any other person the use, application, or construction of any firearm or explosive or incendiary device capable of causing injury or death to any person, knowing or intending that the firearm or explosive or incendiary device be used in furtherance of a civil disorder is guilty of the crime of promoting civil disorder in the first degree.

(2) Promoting civil disorder in the first degree is a Class C felony.

Acts 1985, No. 903, § 2; A.S.A. 1947, § 41-2927.
Ark. Code Ann. § 5-4-323 — AR Code / Title 5 / Chapter 4 / Subchapter 3 / Section 5-4-323
Additional conditions - High school diploma or high school equivalency diploma - Employment training
Status: in_force

(a) (1) As an additional requirement for suspension of sentence or probation, a court may require any person who is sentenced for a felony or a Class A misdemeanor to make a good faith effort toward completion of a high school diploma or a high school equivalency diploma approved by the Adult Education Section unless the person has already achieved a high school diploma or a high school equivalency diploma. (2) The additional requirement under subdivision (a)(1) of this section shall be implemented only: (A) After the appropriate school or adult education program has received notice from the court at least ten (10) working days prior to the person's making application to enroll so as to allow a school or adult education program official to review the person's educational records; and (B) Upon the acceptance of the person by the administrative head of the school or adult education program. (3) If no appropriate school or adult education program can be found, the additional requirement under subdivision (a)(1) of this section is of no effect. (4) In the alternative, the court may allow the defendant to pursue a prescribed course of study or vocational training approved by the court that is designed to equip him or her for suitable employment. (5) (A) After consultation with the school or the adult education program, the court shall determine the appropriate documentation for a person participating under a provision of this section and shall report any documentation of school or adult education program participation on a quarterly basis to the Administrative Office of the Courts. (B) The office shall then report to the Adult Education Section. (b) (1) Unless the person is employed or has a skill that will facilitate immediate employment, the court may require any person sentenced for a felony or a Class A misdemeanor to make a good faith effort toward obtaining gainful employment by participating in an appropriate employment training program as an additional requirement for suspension of sentence or probation. (2) (A) The additional requirement under subdivision (b)(1) of this section shall be implemented by the person's reporting to the local workforce center for registration, intake, and employability skills assessment. (B) If the person is on probation, the additional requirement under subdivision (b)(1) of this section shall be accomplished in conjunction with the probation officer. (C) In addition to the employability skills assessment, the person shall register for employment with the local workforce center and upon obtaining employment shall communicate the event to the: (i) Court if on suspension of sentence; or (ii) Probation officer if on probation. (c) As used in this section, "good faith effort" means a person: (1) Has been enrolled in a program of instruction leading to a high school diploma or a high school equivalency diploma and is attending a school or an adult education course; or (2) Is registered for employment and enrolled and participating in an employment-training program with the purpose of obtaining gainful employment. (d) A person who fails to make a good faith effort to comply with a court order issued under this section upon conviction is guilty of a violation and shall be punished by a fine of at least one hundred dollars ($100) but not more than one thousand dollars ($1,000). Amended by Act 2019, No. 910,§ 133, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 132, eff. 7/1/2019. Amended by Act 2015, No. 1115,§ 1, eff. 7/22/2015. Acts 1991, No. 857, § 1; 1993, No. 343, § 1; 1993, No. 1267, § 1; 1994 (2nd Ex. Sess.), No. 30, § 4; 1994 (2nd Ex. Sess.), No. 31, § 4; 1999, No. 1323, § 2; 2003, No. 1006, § 1; 2007, No. 827, § 14; 2011, No. 570, §§ 15-17.

(a) (1) As an additional requirement for suspension of sentence or probation, a court may require any person who is sentenced for a felony or a Class A misdemeanor to make a good faith effort toward completion of a high school diploma or a high school equivalency diploma approved by the Adult Education Section unless the person has already achieved a high school diploma or a high school equivalency diploma. (2) The additional requirement under subdivision (a)(1) of this section shall be implemented only: (A) After the appropriate school or adult education program has received notice from the court at least ten (10) working days prior to the person's making application to enroll so as to allow a school or adult education program official to review the person's educational records; and (B) Upon the acceptance of the person by the administrative head of the school or adult education program. (3) If no appropriate school or adult education program can be found, the additional requirement under subdivision (a)(1) of this section is of no effect. (4) In the alternative, the court may allow the defendant to pursue a prescribed course of study or vocational training approved by the court that is designed to equip him or her for suitable employment. (5) (A) After consultation with the school or the adult education program, the court shall determine the appropriate documentation for a person participating under a provision of this section and shall report any documentation of school or adult education program participation on a quarterly basis to the Administrative Office of the Courts. (B) The office shall then report to the Adult Education Section.

(1) As an additional requirement for suspension of sentence or probation, a court may require any person who is sentenced for a felony or a Class A misdemeanor to make a good faith effort toward completion of a high school diploma or a high school equivalency diploma approved by the Adult Education Section unless the person has already achieved a high school diploma or a high school equivalency diploma.

(2) The additional requirement under subdivision (a)(1) of this section shall be implemented only: (A) After the appropriate school or adult education program has received notice from the court at least ten (10) working days prior to the person's making application to enroll so as to allow a school or adult education program official to review the person's educational records; and (B) Upon the acceptance of the person by the administrative head of the school or adult education program.

(A) After the appropriate school or adult education program has received notice from the court at least ten (10) working days prior to the person's making application to enroll so as to allow a school or adult education program official to review the person's educational records; and

(B) Upon the acceptance of the person by the administrative head of the school or adult education program.

(3) If no appropriate school or adult education program can be found, the additional requirement under subdivision (a)(1) of this section is of no effect.

(4) In the alternative, the court may allow the defendant to pursue a prescribed course of study or vocational training approved by the court that is designed to equip him or her for suitable employment.

(5) (A) After consultation with the school or the adult education program, the court shall determine the appropriate documentation for a person participating under a provision of this section and shall report any documentation of school or adult education program participation on a quarterly basis to the Administrative Office of the Courts. (B) The office shall then report to the Adult Education Section.

(A) After consultation with the school or the adult education program, the court shall determine the appropriate documentation for a person participating under a provision of this section and shall report any documentation of school or adult education program participation on a quarterly basis to the Administrative Office of the Courts.

(B) The office shall then report to the Adult Education Section.

(b) (1) Unless the person is employed or has a skill that will facilitate immediate employment, the court may require any person sentenced for a felony or a Class A misdemeanor to make a good faith effort toward obtaining gainful employment by participating in an appropriate employment training program as an additional requirement for suspension of sentence or probation. (2) (A) The additional requirement under subdivision (b)(1) of this section shall be implemented by the person's reporting to the local workforce center for registration, intake, and employability skills assessment. (B) If the person is on probation, the additional requirement under subdivision (b)(1) of this section shall be accomplished in conjunction with the probation officer. (C) In addition to the employability skills assessment, the person shall register for employment with the local workforce center and upon obtaining employment shall communicate the event to the: (i) Court if on suspension of sentence; or (ii) Probation officer if on probation.

(1) Unless the person is employed or has a skill that will facilitate immediate employment, the court may require any person sentenced for a felony or a Class A misdemeanor to make a good faith effort toward obtaining gainful employment by participating in an appropriate employment training program as an additional requirement for suspension of sentence or probation.

(2) (A) The additional requirement under subdivision (b)(1) of this section shall be implemented by the person's reporting to the local workforce center for registration, intake, and employability skills assessment. (B) If the person is on probation, the additional requirement under subdivision (b)(1) of this section shall be accomplished in conjunction with the probation officer. (C) In addition to the employability skills assessment, the person shall register for employment with the local workforce center and upon obtaining employment shall communicate the event to the: (i) Court if on suspension of sentence; or (ii) Probation officer if on probation.

(A) The additional requirement under subdivision (b)(1) of this section shall be implemented by the person's reporting to the local workforce center for registration, intake, and employability skills assessment.

(B) If the person is on probation, the additional requirement under subdivision (b)(1) of this section shall be accomplished in conjunction with the probation officer.

(C) In addition to the employability skills assessment, the person shall register for employment with the local workforce center and upon obtaining employment shall communicate the event to the: (i) Court if on suspension of sentence; or (ii) Probation officer if on probation.

(i) Court if on suspension of sentence; or

(ii) Probation officer if on probation.

(c) As used in this section, "good faith effort" means a person: (1) Has been enrolled in a program of instruction leading to a high school diploma or a high school equivalency diploma and is attending a school or an adult education course; or (2) Is registered for employment and enrolled and participating in an employment-training program with the purpose of obtaining gainful employment.

(1) Has been enrolled in a program of instruction leading to a high school diploma or a high school equivalency diploma and is attending a school or an adult education course; or

(2) Is registered for employment and enrolled and participating in an employment-training program with the purpose of obtaining gainful employment.

(d) A person who fails to make a good faith effort to comply with a court order issued under this section upon conviction is guilty of a violation and shall be punished by a fine of at least one hundred dollars ($100) but not more than one thousand dollars ($1,000).

Amended by Act 2019, No. 910,§ 133, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 132, eff. 7/1/2019.

Amended by Act 2015, No. 1115,§ 1, eff. 7/22/2015.

Acts 1991, No. 857, § 1; 1993, No. 343, § 1; 1993, No. 1267, § 1; 1994 (2nd Ex. Sess.), No. 30, § 4; 1994 (2nd Ex. Sess.), No. 31, § 4; 1999, No. 1323, § 2; 2003, No. 1006, § 1; 2007, No. 827, § 14; 2011, No. 570, §§ 15-17.
Ark. Code Ann. § 5-1-110 — AR Code / Title 5 / Chapter 1 / Section 5-1-110
Conduct constituting more than one offense - Prosecution
Status: in_force

(a) When the same conduct of a defendant may establish the commission of more than one (1) offense, the defendant may be prosecuted for each such offense. However, the defendant may not be convicted of more than one (1) offense if: (1) One (1) offense is included in the other offense, as defined in subsection (b) of this section; (2) One (1) offense consists only of a conspiracy, solicitation, or attempt to commit the other offense; (3) Inconsistent findings of fact are required to establish the commission of the offenses; (4) The offenses differ only in that one (1) offense is defined to prohibit a designated kind of conduct generally and the other offense to prohibit a specific instance of that conduct; or (5) The conduct constitutes an offense defined as a continuing course of conduct and the defendant's course of conduct was uninterrupted, unless the law provides that a specific period of the course of conduct constitutes a separate offense. (b) A defendant may be convicted of one (1) offense included in another offense with which he or she is charged. An offense is included in an offense charged if the offense: (1) Is established by proof of the same or less than all of the elements required to establish the commission of the offense charged; (2) Consists of an attempt to commit the offense charged or to commit an offense otherwise included within the offense charged; or (3) Differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a lesser kind of culpable mental state suffices to establish the offense's commission. (c) The court is not obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting him or her of the included offense. (d) (1) Notwithstanding any provision of law to the contrary, a separate conviction and sentence are authorized for: (A) Capital murder, § 5-10-101 , and any felony utilized as an underlying felony for the capital murder; (B) Criminal attempt to commit capital murder, §§ 5-3-201 and 5-10-101 , and any felony utilized as an underlying felony for the attempted capital murder; (C) Murder in the first degree, § 5-10-102 , and any felony utilized as an underlying felony for the murder in the first degree; (D) Criminal attempt to commit murder in the first degree, §§ 5-3-201 and 5-10-102 , and any felony utilized as an underlying felony for the attempted murder in the first degree; and (E) Continuing criminal enterprise, § 5-64-405 , and any predicate felony utilized to prove the continuing criminal enterprise. (2) Pursuant to § 5-4-403 , with respect to any offense mentioned in subdivision (d)(1) of this section, the trial judge may order that the multiple terms of imprisonment run concurrently or consecutively. Acts 1975, No. 280, § 105; A.S.A. 1947, § 41-105; Acts 1995, No. 657, § 2; 2007, No. 670, § 1; 2009, No. 748, § 1.

(a) When the same conduct of a defendant may establish the commission of more than one (1) offense, the defendant may be prosecuted for each such offense. However, the defendant may not be convicted of more than one (1) offense if: (1) One (1) offense is included in the other offense, as defined in subsection (b) of this section; (2) One (1) offense consists only of a conspiracy, solicitation, or attempt to commit the other offense; (3) Inconsistent findings of fact are required to establish the commission of the offenses; (4) The offenses differ only in that one (1) offense is defined to prohibit a designated kind of conduct generally and the other offense to prohibit a specific instance of that conduct; or (5) The conduct constitutes an offense defined as a continuing course of conduct and the defendant's course of conduct was uninterrupted, unless the law provides that a specific period of the course of conduct constitutes a separate offense.

(1) One (1) offense is included in the other offense, as defined in subsection (b) of this section;

(2) One (1) offense consists only of a conspiracy, solicitation, or attempt to commit the other offense;

(3) Inconsistent findings of fact are required to establish the commission of the offenses;

(4) The offenses differ only in that one (1) offense is defined to prohibit a designated kind of conduct generally and the other offense to prohibit a specific instance of that conduct; or

(5) The conduct constitutes an offense defined as a continuing course of conduct and the defendant's course of conduct was uninterrupted, unless the law provides that a specific period of the course of conduct constitutes a separate offense.

(b) A defendant may be convicted of one (1) offense included in another offense with which he or she is charged. An offense is included in an offense charged if the offense: (1) Is established by proof of the same or less than all of the elements required to establish the commission of the offense charged; (2) Consists of an attempt to commit the offense charged or to commit an offense otherwise included within the offense charged; or (3) Differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a lesser kind of culpable mental state suffices to establish the offense's commission.

(1) Is established by proof of the same or less than all of the elements required to establish the commission of the offense charged;

(2) Consists of an attempt to commit the offense charged or to commit an offense otherwise included within the offense charged; or

(3) Differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a lesser kind of culpable mental state suffices to establish the offense's commission.

(c) The court is not obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting him or her of the included offense.

(d) (1) Notwithstanding any provision of law to the contrary, a separate conviction and sentence are authorized for: (A) Capital murder, § 5-10-101 , and any felony utilized as an underlying felony for the capital murder; (B) Criminal attempt to commit capital murder, §§ 5-3-201 and 5-10-101 , and any felony utilized as an underlying felony for the attempted capital murder; (C) Murder in the first degree, § 5-10-102 , and any felony utilized as an underlying felony for the murder in the first degree; (D) Criminal attempt to commit murder in the first degree, §§ 5-3-201 and 5-10-102 , and any felony utilized as an underlying felony for the attempted murder in the first degree; and (E) Continuing criminal enterprise, § 5-64-405 , and any predicate felony utilized to prove the continuing criminal enterprise. (2) Pursuant to § 5-4-403 , with respect to any offense mentioned in subdivision (d)(1) of this section, the trial judge may order that the multiple terms of imprisonment run concurrently or consecutively.

(1) Notwithstanding any provision of law to the contrary, a separate conviction and sentence are authorized for: (A) Capital murder, § 5-10-101 , and any felony utilized as an underlying felony for the capital murder; (B) Criminal attempt to commit capital murder, §§ 5-3-201 and 5-10-101 , and any felony utilized as an underlying felony for the attempted capital murder; (C) Murder in the first degree, § 5-10-102 , and any felony utilized as an underlying felony for the murder in the first degree; (D) Criminal attempt to commit murder in the first degree, §§ 5-3-201 and 5-10-102 , and any felony utilized as an underlying felony for the attempted murder in the first degree; and (E) Continuing criminal enterprise, § 5-64-405 , and any predicate felony utilized to prove the continuing criminal enterprise.

(A) Capital murder, § 5-10-101 , and any felony utilized as an underlying felony for the capital murder;

(B) Criminal attempt to commit capital murder, §§ 5-3-201 and 5-10-101 , and any felony utilized as an underlying felony for the attempted capital murder;

(C) Murder in the first degree, § 5-10-102 , and any felony utilized as an underlying felony for the murder in the first degree;

(D) Criminal attempt to commit murder in the first degree, §§ 5-3-201 and 5-10-102 , and any felony utilized as an underlying felony for the attempted murder in the first degree; and

(E) Continuing criminal enterprise, § 5-64-405 , and any predicate felony utilized to prove the continuing criminal enterprise.

(2) Pursuant to § 5-4-403 , with respect to any offense mentioned in subdivision (d)(1) of this section, the trial judge may order that the multiple terms of imprisonment run concurrently or consecutively.

Acts 1975, No. 280, § 105; A.S.A. 1947, § 41-105; Acts 1995, No. 657, § 2; 2007, No. 670, § 1; 2009, No. 748, § 1.
Ark. Code Ann. § 5-4-605 — AR Code / Title 5 / Chapter 4 / Subchapter 6 / Section 5-4-605
Mitigating circumstances
Status: in_force

A mitigating circumstance includes, but is not limited to, the following: (1) The capital murder was committed while the defendant was under extreme mental or emotional disturbance; (2) The capital murder was committed while the defendant was acting under an unusual pressure or influence or under the domination of another person; (3) The capital murder was committed while the capacity of the defendant to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of law was impaired as a result of mental disease or defect, intoxication, or drug abuse; (4) The youth of the defendant at the time of the commission of the capital murder; (5) The capital murder was committed by another person and the defendant was an accomplice and his or her participation was relatively minor; or (6) The defendant has no significant history of prior criminal activity. Acts 1975, No. 280, § 1304; A.S.A. 1947, § 41-1304.

A mitigating circumstance includes, but is not limited to, the following:

(1) The capital murder was committed while the defendant was under extreme mental or emotional disturbance;

(2) The capital murder was committed while the defendant was acting under an unusual pressure or influence or under the domination of another person;

(3) The capital murder was committed while the capacity of the defendant to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of law was impaired as a result of mental disease or defect, intoxication, or drug abuse;

(4) The youth of the defendant at the time of the commission of the capital murder;

(5) The capital murder was committed by another person and the defendant was an accomplice and his or her participation was relatively minor; or

(6) The defendant has no significant history of prior criminal activity.

Acts 1975, No. 280, § 1304; A.S.A. 1947, § 41-1304.
Ark. Code Ann. § 5-66-102 — AR Code / Title 5 / Chapter 66 / Section 5-66-102
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1348,§ 14, eff. 8/16/2013. Rev. Stat., ch. 44, div. 6, art. 3, § 9; C. & M. Dig., § 2642; Pope's Dig., § 3332; A.S.A. 1947, § 41-3264.

Repealed by Act 2013, No. 1348,§ 14, eff. 8/16/2013.

Rev. Stat., ch. 44, div. 6, art. 3, § 9; C. & M. Dig., § 2642; Pope's Dig., § 3332; A.S.A. 1947, § 41-3264.