Ark. Code Ann. § 5-13-207 — AR Code / Title 5 / Chapter 13 / Subchapter 2 / Section 5-13-207
Assault in the third degree
Status: in_force

(a) A person commits assault in the third degree if he or she purposely creates apprehension of imminent physical injury in another person. (b) Assault in the third degree is a Class C misdemeanor. Acts 1975, No. 280, § 1607; A.S.A. 1947, § 41-1607.

(a) A person commits assault in the third degree if he or she purposely creates apprehension of imminent physical injury in another person.

(b) Assault in the third degree is a Class C misdemeanor.

Acts 1975, No. 280, § 1607; A.S.A. 1947, § 41-1607.
Ark. Code Ann. § 5-4-501 — AR Code / Title 5 / Chapter 4 / Subchapter 5 / Section 5-4-501
Habitual offenders - Sentencing for felony
Status: in_force

(a) (1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and shall be sentenced to an extended term of imprisonment as set forth in subdivision (a)(2) of this section: (A) A defendant who: (i) Is convicted of a felony other than those enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and (ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies or who has been found guilty of more than one (1) but fewer than four (4) felonies; (B) A defendant who: (i) Is convicted of any felony enumerated in subsection (c) of this section committed after August 31, 1997; and (ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (c) of this section or who has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (c) of this section; or (C) A defendant who: (i) Is convicted of any felony enumerated in subsection (d) of this section committed after August 31, 1997; and (ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (d) of this section or has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (d) of this section. (2) The extended term of imprisonment for a defendant described in subdivision (a)(1) of this section is as follows: (A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than sixty (60) years, or life; (B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6) years nor more than fifty (50) years; (C) For a conviction of a Class B felony, a term of imprisonment of not less than five (5) years nor more than thirty (30) years; (D) For a conviction of a Class C felony, a term of imprisonment of not less than three (3) years nor more than twenty (20) years; (E) For a conviction of a Class D felony, a term of imprisonment of not more than twelve (12) years; (F) For a conviction of an unclassified felony punishable by less than life imprisonment, a term of imprisonment not more than five (5) years more than the maximum sentence for the unclassified felony; and (G) For a conviction of an unclassified felony punishable by life imprisonment, a term of imprisonment not less than ten (10) years nor more than fifty (50) years, or life. (b) (1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and shall be sentenced to an extended term of imprisonment as set forth in subdivision (b)(2) of this section: (A) A defendant who: (i) Is convicted of a felony other than a felony enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and (ii) Has previously been convicted of four (4) or more felonies or who has been found guilty of four (4) or more felonies; (B) A defendant who: (i) Is convicted of any felony enumerated in subsection (c) of this section committed after June 30, 1997; and (ii) Has previously been convicted of four (4) or more felonies not enumerated in subsection (c) of this section or who has been found guilty of four (4) or more felonies not enumerated in subsection (c) of this section; or (C) A defendant who: (i) Is convicted of any felony enumerated in subsection (d) of this section committed after June 30, 1997; and (ii) Has previously been convicted of four (4) or more felonies not enumerated in subsection (d) of this section or who has been found guilty of four (4) or more felonies not enumerated in subsection (d) of this section. (2) The extended term of imprisonment for a defendant described in subdivision (b)(1) of this section is as follows: (A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than life; (B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6) years nor more than sixty (60) years; (C) For a conviction of a Class B felony, a term of imprisonment of not less than five (5) years nor more than forty (40) years; (D) For a conviction of a Class C felony, a term of imprisonment of not less than three (3) years nor more than thirty (30) years; (E) For a conviction of a Class D felony, a term of imprisonment of not more than fifteen (15) years; (F) For a conviction of an unclassified felony punishable by less than life imprisonment, a term of imprisonment not more than two (2) times the maximum sentence for the unclassified felony offense; and (G) For a conviction of an unclassified felony punishable by life imprisonment, a term of imprisonment not less than ten (10) years nor more than fifty (50) years, or life. (c) (1) Except as provided in subdivision (c)(3) of this section, a defendant who is convicted of a serious felony involving violence enumerated in subdivision (c)(2) of this section and who previously has been convicted of one (1) or more of the serious felonies involving violence enumerated in subdivision (c)(2) of this section may be sentenced to pay any fine authorized by law for the serious felony involving violence conviction and shall be sentenced to imprisonment for a term of not less than forty (40) years nor more than eighty (80) years, or life. (2) As used in this subsection, "serious felony involving violence" means: (A) Any of the following felonies: (i) Murder in the first degree, § 5-10-102 ; (ii) Murder in the second degree, § 5-10-103 ; (iii) Kidnapping, § 5-11-102 , involving an activity making it a Class Y felony; (iv) Aggravated robbery, § 5-12-103 ; (v) Terroristic act, § 5-13-310 , involving an activity making it a Class Y felony; (vi) Rape, § 5-14-103 ; (vii) Sexual assault in the first degree, § 5-14-124 ; (viii) Causing a catastrophe, § 5-38-202(a) ; (ix) Aggravated residential burglary, § 5-39-204 ; (x) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; (xi) Capital murder, § 5-10-101 ; or (xii) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; or (B) A conviction of a comparable serious felony involving violence from another jurisdiction. (3) A defendant who is convicted of rape, § 5-14-103 , or sexual assault in the first degree, § 5-14-124 , involving a victim less than fourteen (14) years of age and who has previously been convicted of one (1) or more of the serious felonies involving violence enumerated in subdivision (c)(2) of this section may be sentenced to pay any fine authorized by law for the rape or sexual assault in the first degree conviction and shall be sentenced to life in prison without the possibility of parole. (4) (A) The following procedure governs a trial at which a sentence to an extended term of imprisonment is sought pursuant to this subsection: (i) The jury shall first hear all evidence relevant to the serious felony involving violence with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge; (ii) (a) If the defendant is found guilty of the serious felony involving violence, out of the hearing of the jury the trial court shall hear evidence of whether the defendant has pleaded guilty or nolo contendere to or been found guilty of a prior serious felony involving violence and shall determine the number of prior serious felony involving violence convictions, if any. (b) The defendant has the right to hear and controvert evidence described in subdivision (c)(4)(A)(ii) (a) of this section and to offer evidence in his or her support; (iii) (a) The trial court shall then instruct the jury as to the number of prior convictions for a serious felony involving violence and the statutory sentencing range. (b) The jury may be advised as to the nature of a prior serious felony involving violence conviction and the date and place of a prior serious felony involving violence conviction; and (iv) The jury shall retire again and then determine a sentence within the statutory range. (B) The determination of whether a felony conviction from another jurisdiction is comparable to an enumerated serious felony involving violence under Arkansas criminal law lies within the discretion of the trial judge at the time of sentencing. (d) (1) A defendant who is convicted of a felony involving violence enumerated in subdivision (d)(2) of this section and who previously has been convicted of two (2) or more of the felonies involving violence enumerated in subdivision (d)(2) of this section may be sentenced to pay any fine authorized by law for the felony involving violence conviction and shall be sentenced to an extended term of imprisonment as follows: (A) For a conviction of a Class Y felony, a term of imprisonment of not less than life in prison; (B) For a conviction of a Class A felony, a term of imprisonment of not less than forty (40) years nor more than life in prison; (C) For a conviction of a Class B felony or for a conviction of an unclassified felony punishable by life imprisonment, a term of imprisonment of not less than thirty (30) years nor more than sixty (60) years; (D) For a conviction of a Class C felony, a term of imprisonment of not less than twenty-five (25) years nor more than forty (40) years; (E) For a conviction of a Class D felony, a term of imprisonment of not less than twenty (20) years nor more than forty (40) years; and (F) For a conviction of an unclassified felony punishable by less than life imprisonment, a term of imprisonment not more than three (3) times the maximum sentence for the unclassified felony offense. (2) As used in this subsection, "felony involving violence" means: (A) Any of the following felonies: (i) Murder in the first degree, § 5-10-102 ; (ii) Murder in the second degree, § 5-10-103 ; (iii) Kidnapping, § 5-11-102 ; (iv) Aggravated robbery, § 5-12-103 ; (v) Rape, § 5-14-103 ; (vi) Battery in the first degree, § 5-13-201 ; (vii) Terroristic act, § 5-13-310 ; (viii) Sexual assault in the first degree, § 5-14-124 ; (ix) Sexual assault in the second degree, § 5-14-125 ; (x) Domestic battering in the first degree, § 5-26-303 ; (xi) Aggravated residential burglary, § 5-39-204 ; (xii) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (xiii) Criminal use of prohibited weapons, § 5-73-104 , involving an activity making it a Class B felony; (xiv) A felony attempt, solicitation, or conspiracy to commit: (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) Kidnapping, § 5-11-102 ; (e) Aggravated robbery, § 5-12-103 ; (f) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; (g) Rape, § 5-14-103 ; (h) Battery in the first degree, § 5-13-201 ; (i) Domestic battering in the first degree, § 5-26-303 ; or (j) Aggravated residential burglary, § 5-39-204 ; (xv) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; or (xvi) Capital murder, § 5-10-101 ; or (B) A conviction of a comparable felony involving violence from another jurisdiction. (3) (A) The following procedure governs a trial at which a sentence to an extended term of imprisonment is sought pursuant to this subsection: (i) The jury shall first hear all evidence relevant to the felony involving violence with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge; (ii) (a) If the defendant is found guilty of the felony involving violence, out of the hearing of the jury the trial court shall hear evidence of whether the defendant has pleaded guilty or nolo contendere to or been found guilty of two (2) or more prior felonies involving violence and shall determine the number of prior felony involving violence convictions, if any. (b) The defendant has the right to hear and controvert evidence described in subdivision (d)(3)(A)(ii) (a) of this section and to offer evidence in his or her support; (iii) (a) The trial court shall then instruct the jury as to the number of prior felony involving violence convictions and the statutory sentencing range. (b) The jury may be advised as to the nature of a prior felony involving violence conviction and the date and place of a prior felony involving violence conviction; and (iv) The jury shall retire again and then determine a sentence within the statutory range. (B) The determination of whether a felony conviction from another jurisdiction is comparable to an enumerated felony involving violence under Arkansas criminal law lies within the discretion of the trial judge at the time of sentencing. (e) (1) For the purpose of determining whether a defendant has previously been convicted or found guilty of two (2) or more felonies, a conviction or finding of guilt of burglary, § 5-39-201 , and of the felony that was the object of the burglary are considered a single felony conviction or finding of guilt. (2) A conviction or finding of guilt of an offense that was a felony under the law in effect prior to January 1, 1976, is considered a previous felony conviction or finding of guilt. (f) For the purposes of determining whether a defendant has previously been convicted of a serious felony involving violence or a felony involving violence under subsections (c) and (d) of this section, the entry of a plea of guilty or nolo contendere or a finding of guilt by a court to a felony enumerated in subsections (c) and (d) of this section, respectively, as a result of which a court places the defendant on a suspended imposition of sentence, a suspended sentence, or probation, or sentences the defendant to the Division of Correction, is considered a previous felony conviction. (g) Any defendant deemed eligible to be sentenced under a provision of both subsections (c) and (d) of this section shall be sentenced only under subsection (d) of this section. (h) If the provisions of subsection (c) or subsection (d) of this section, or both, are held invalid by a court, the defendant's case shall be remanded to the trial court for resentencing of the defendant under the provisions of subsections (a) and (b) of this section. (i) For the purpose of determining under this section the number of felonies for which a defendant has been convicted, if the defendant was previously convicted of a felony for possession of a controlled substance under the Uniform Controlled Substances Act, § 5-64-101 et seq., and the defendant also was convicted of a felony for possession of drug paraphernalia under § 5-64-443 stemming from the same set of facts, the two (2) felonies shall be considered as one (1) felony. (j) For the purpose of determining under this section the number of felonies for which a defendant has been convicted, if the defendant was previously convicted of a felony for possession of fentanyl, § 5-64-421 , and the defendant also was convicted of a felony for knowingly exposing another person to fentanyl in the first degree, § 5-13-214(b) , or knowingly exposing another person to fentanyl in the second degree, § 5-13-214(c) , stemming from the same set of facts, the two (2) felonies shall be considered as one (1) felony. Amended by Act 2023, No. 659,§ 17, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 16, eff. 1/1/2024. Amended by Act 2023, No. 739,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 821,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 821,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 453,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 659, eff. 7/1/2019. Amended by Act 2017, No. 367,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 895,§ 3, eff. 4/1/2015. Acts 1975, No. 280, § 1001; 1977, No. 474, § 4; 1981, No. 620, § 9; 1983, No. 409, § 3; A.S.A. 1947, § 41-1001; Acts 1993, No. 532, § 7; 1993, No. 550, § 7; 1995, No. 1009, § 1; 1995, No. 1011, § 1; 1997, No. 1197, § 1; 2001, No. 1553, § 6; 2003, No. 1390, § 2; 2006 (1st Ex. Sess.), No. 5, § 1; 2007, No. 827, §§ 15, 16; No. 852, § 1; 2009, No. 1395, §§ 1, 2; 2011, No. 570, §§ 19, 20.

(a) (1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and shall be sentenced to an extended term of imprisonment as set forth in subdivision (a)(2) of this section: (A) A defendant who: (i) Is convicted of a felony other than those enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and (ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies or who has been found guilty of more than one (1) but fewer than four (4) felonies; (B) A defendant who: (i) Is convicted of any felony enumerated in subsection (c) of this section committed after August 31, 1997; and (ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (c) of this section or who has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (c) of this section; or (C) A defendant who: (i) Is convicted of any felony enumerated in subsection (d) of this section committed after August 31, 1997; and (ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (d) of this section or has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (d) of this section. (2) The extended term of imprisonment for a defendant described in subdivision (a)(1) of this section is as follows: (A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than sixty (60) years, or life; (B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6) years nor more than fifty (50) years; (C) For a conviction of a Class B felony, a term of imprisonment of not less than five (5) years nor more than thirty (30) years; (D) For a conviction of a Class C felony, a term of imprisonment of not less than three (3) years nor more than twenty (20) years; (E) For a conviction of a Class D felony, a term of imprisonment of not more than twelve (12) years; (F) For a conviction of an unclassified felony punishable by less than life imprisonment, a term of imprisonment not more than five (5) years more than the maximum sentence for the unclassified felony; and (G) For a conviction of an unclassified felony punishable by life imprisonment, a term of imprisonment not less than ten (10) years nor more than fifty (50) years, or life.

(1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and shall be sentenced to an extended term of imprisonment as set forth in subdivision (a)(2) of this section: (A) A defendant who: (i) Is convicted of a felony other than those enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and (ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies or who has been found guilty of more than one (1) but fewer than four (4) felonies; (B) A defendant who: (i) Is convicted of any felony enumerated in subsection (c) of this section committed after August 31, 1997; and (ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (c) of this section or who has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (c) of this section; or (C) A defendant who: (i) Is convicted of any felony enumerated in subsection (d) of this section committed after August 31, 1997; and (ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (d) of this section or has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (d) of this section.

(A) A defendant who: (i) Is convicted of a felony other than those enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and (ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies or who has been found guilty of more than one (1) but fewer than four (4) felonies;

(i) Is convicted of a felony other than those enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and

(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies or who has been found guilty of more than one (1) but fewer than four (4) felonies;

(B) A defendant who: (i) Is convicted of any felony enumerated in subsection (c) of this section committed after August 31, 1997; and (ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (c) of this section or who has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (c) of this section; or

(i) Is convicted of any felony enumerated in subsection (c) of this section committed after August 31, 1997; and

(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (c) of this section or who has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (c) of this section; or

(C) A defendant who: (i) Is convicted of any felony enumerated in subsection (d) of this section committed after August 31, 1997; and (ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (d) of this section or has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (d) of this section.

(i) Is convicted of any felony enumerated in subsection (d) of this section committed after August 31, 1997; and

(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (d) of this section or has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (d) of this section.

(2) The extended term of imprisonment for a defendant described in subdivision (a)(1) of this section is as follows: (A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than sixty (60) years, or life; (B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6) years nor more than fifty (50) years; (C) For a conviction of a Class B felony, a term of imprisonment of not less than five (5) years nor more than thirty (30) years; (D) For a conviction of a Class C felony, a term of imprisonment of not less than three (3) years nor more than twenty (20) years; (E) For a conviction of a Class D felony, a term of imprisonment of not more than twelve (12) years; (F) For a conviction of an unclassified felony punishable by less than life imprisonment, a term of imprisonment not more than five (5) years more than the maximum sentence for the unclassified felony; and (G) For a conviction of an unclassified felony punishable by life imprisonment, a term of imprisonment not less than ten (10) years nor more than fifty (50) years, or life.

(A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than sixty (60) years, or life;

(B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6) years nor more than fifty (50) years;

(C) For a conviction of a Class B felony, a term of imprisonment of not less than five (5) years nor more than thirty (30) years;

(D) For a conviction of a Class C felony, a term of imprisonment of not less than three (3) years nor more than twenty (20) years;

(E) For a conviction of a Class D felony, a term of imprisonment of not more than twelve (12) years;

(F) For a conviction of an unclassified felony punishable by less than life imprisonment, a term of imprisonment not more than five (5) years more than the maximum sentence for the unclassified felony; and

(G) For a conviction of an unclassified felony punishable by life imprisonment, a term of imprisonment not less than ten (10) years nor more than fifty (50) years, or life.

(b) (1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and shall be sentenced to an extended term of imprisonment as set forth in subdivision (b)(2) of this section: (A) A defendant who: (i) Is convicted of a felony other than a felony enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and (ii) Has previously been convicted of four (4) or more felonies or who has been found guilty of four (4) or more felonies; (B) A defendant who: (i) Is convicted of any felony enumerated in subsection (c) of this section committed after June 30, 1997; and (ii) Has previously been convicted of four (4) or more felonies not enumerated in subsection (c) of this section or who has been found guilty of four (4) or more felonies not enumerated in subsection (c) of this section; or (C) A defendant who: (i) Is convicted of any felony enumerated in subsection (d) of this section committed after June 30, 1997; and (ii) Has previously been convicted of four (4) or more felonies not enumerated in subsection (d) of this section or who has been found guilty of four (4) or more felonies not enumerated in subsection (d) of this section. (2) The extended term of imprisonment for a defendant described in subdivision (b)(1) of this section is as follows: (A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than life; (B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6) years nor more than sixty (60) years; (C) For a conviction of a Class B felony, a term of imprisonment of not less than five (5) years nor more than forty (40) years; (D) For a conviction of a Class C felony, a term of imprisonment of not less than three (3) years nor more than thirty (30) years; (E) For a conviction of a Class D felony, a term of imprisonment of not more than fifteen (15) years; (F) For a conviction of an unclassified felony punishable by less than life imprisonment, a term of imprisonment not more than two (2) times the maximum sentence for the unclassified felony offense; and (G) For a conviction of an unclassified felony punishable by life imprisonment, a term of imprisonment not less than ten (10) years nor more than fifty (50) years, or life.

(1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and shall be sentenced to an extended term of imprisonment as set forth in subdivision (b)(2) of this section: (A) A defendant who: (i) Is convicted of a felony other than a felony enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and (ii) Has previously been convicted of four (4) or more felonies or who has been found guilty of four (4) or more felonies; (B) A defendant who: (i) Is convicted of any felony enumerated in subsection (c) of this section committed after June 30, 1997; and (ii) Has previously been convicted of four (4) or more felonies not enumerated in subsection (c) of this section or who has been found guilty of four (4) or more felonies not enumerated in subsection (c) of this section; or (C) A defendant who: (i) Is convicted of any felony enumerated in subsection (d) of this section committed after June 30, 1997; and (ii) Has previously been convicted of four (4) or more felonies not enumerated in subsection (d) of this section or who has been found guilty of four (4) or more felonies not enumerated in subsection (d) of this section.

(A) A defendant who: (i) Is convicted of a felony other than a felony enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and (ii) Has previously been convicted of four (4) or more felonies or who has been found guilty of four (4) or more felonies;

(i) Is convicted of a felony other than a felony enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and

(ii) Has previously been convicted of four (4) or more felonies or who has been found guilty of four (4) or more felonies;

(B) A defendant who: (i) Is convicted of any felony enumerated in subsection (c) of this section committed after June 30, 1997; and (ii) Has previously been convicted of four (4) or more felonies not enumerated in subsection (c) of this section or who has been found guilty of four (4) or more felonies not enumerated in subsection (c) of this section; or

(i) Is convicted of any felony enumerated in subsection (c) of this section committed after June 30, 1997; and

(ii) Has previously been convicted of four (4) or more felonies not enumerated in subsection (c) of this section or who has been found guilty of four (4) or more felonies not enumerated in subsection (c) of this section; or

(C) A defendant who: (i) Is convicted of any felony enumerated in subsection (d) of this section committed after June 30, 1997; and (ii) Has previously been convicted of four (4) or more felonies not enumerated in subsection (d) of this section or who has been found guilty of four (4) or more felonies not enumerated in subsection (d) of this section.

(i) Is convicted of any felony enumerated in subsection (d) of this section committed after June 30, 1997; and

(ii) Has previously been convicted of four (4) or more felonies not enumerated in subsection (d) of this section or who has been found guilty of four (4) or more felonies not enumerated in subsection (d) of this section.

(2) The extended term of imprisonment for a defendant described in subdivision (b)(1) of this section is as follows: (A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than life; (B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6) years nor more than sixty (60) years; (C) For a conviction of a Class B felony, a term of imprisonment of not less than five (5) years nor more than forty (40) years; (D) For a conviction of a Class C felony, a term of imprisonment of not less than three (3) years nor more than thirty (30) years; (E) For a conviction of a Class D felony, a term of imprisonment of not more than fifteen (15) years; (F) For a conviction of an unclassified felony punishable by less than life imprisonment, a term of imprisonment not more than two (2) times the maximum sentence for the unclassified felony offense; and (G) For a conviction of an unclassified felony punishable by life imprisonment, a term of imprisonment not less than ten (10) years nor more than fifty (50) years, or life.

(A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than life;

(B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6) years nor more than sixty (60) years;

(C) For a conviction of a Class B felony, a term of imprisonment of not less than five (5) years nor more than forty (40) years;

(D) For a conviction of a Class C felony, a term of imprisonment of not less than three (3) years nor more than thirty (30) years;

(E) For a conviction of a Class D felony, a term of imprisonment of not more than fifteen (15) years;

(F) For a conviction of an unclassified felony punishable by less than life imprisonment, a term of imprisonment not more than two (2) times the maximum sentence for the unclassified felony offense; and

(G) For a conviction of an unclassified felony punishable by life imprisonment, a term of imprisonment not less than ten (10) years nor more than fifty (50) years, or life.

(c) (1) Except as provided in subdivision (c)(3) of this section, a defendant who is convicted of a serious felony involving violence enumerated in subdivision (c)(2) of this section and who previously has been convicted of one (1) or more of the serious felonies involving violence enumerated in subdivision (c)(2) of this section may be sentenced to pay any fine authorized by law for the serious felony involving violence conviction and shall be sentenced to imprisonment for a term of not less than forty (40) years nor more than eighty (80) years, or life. (2) As used in this subsection, "serious felony involving violence" means: (A) Any of the following felonies: (i) Murder in the first degree, § 5-10-102 ; (ii) Murder in the second degree, § 5-10-103 ; (iii) Kidnapping, § 5-11-102 , involving an activity making it a Class Y felony; (iv) Aggravated robbery, § 5-12-103 ; (v) Terroristic act, § 5-13-310 , involving an activity making it a Class Y felony; (vi) Rape, § 5-14-103 ; (vii) Sexual assault in the first degree, § 5-14-124 ; (viii) Causing a catastrophe, § 5-38-202(a) ; (ix) Aggravated residential burglary, § 5-39-204 ; (x) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; (xi) Capital murder, § 5-10-101 ; or (xii) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; or (B) A conviction of a comparable serious felony involving violence from another jurisdiction. (3) A defendant who is convicted of rape, § 5-14-103 , or sexual assault in the first degree, § 5-14-124 , involving a victim less than fourteen (14) years of age and who has previously been convicted of one (1) or more of the serious felonies involving violence enumerated in subdivision (c)(2) of this section may be sentenced to pay any fine authorized by law for the rape or sexual assault in the first degree conviction and shall be sentenced to life in prison without the possibility of parole. (4) (A) The following procedure governs a trial at which a sentence to an extended term of imprisonment is sought pursuant to this subsection: (i) The jury shall first hear all evidence relevant to the serious felony involving violence with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge; (ii) (a) If the defendant is found guilty of the serious felony involving violence, out of the hearing of the jury the trial court shall hear evidence of whether the defendant has pleaded guilty or nolo contendere to or been found guilty of a prior serious felony involving violence and shall determine the number of prior serious felony involving violence convictions, if any. (b) The defendant has the right to hear and controvert evidence described in subdivision (c)(4)(A)(ii) (a) of this section and to offer evidence in his or her support; (iii) (a) The trial court shall then instruct the jury as to the number of prior convictions for a serious felony involving violence and the statutory sentencing range. (b) The jury may be advised as to the nature of a prior serious felony involving violence conviction and the date and place of a prior serious felony involving violence conviction; and (iv) The jury shall retire again and then determine a sentence within the statutory range. (B) The determination of whether a felony conviction from another jurisdiction is comparable to an enumerated serious felony involving violence under Arkansas criminal law lies within the discretion of the trial judge at the time of sentencing.

(1) Except as provided in subdivision (c)(3) of this section, a defendant who is convicted of a serious felony involving violence enumerated in subdivision (c)(2) of this section and who previously has been convicted of one (1) or more of the serious felonies involving violence enumerated in subdivision (c)(2) of this section may be sentenced to pay any fine authorized by law for the serious felony involving violence conviction and shall be sentenced to imprisonment for a term of not less than forty (40) years nor more than eighty (80) years, or life.

(2) As used in this subsection, "serious felony involving violence" means: (A) Any of the following felonies: (i) Murder in the first degree, § 5-10-102 ; (ii) Murder in the second degree, § 5-10-103 ; (iii) Kidnapping, § 5-11-102 , involving an activity making it a Class Y felony; (iv) Aggravated robbery, § 5-12-103 ; (v) Terroristic act, § 5-13-310 , involving an activity making it a Class Y felony; (vi) Rape, § 5-14-103 ; (vii) Sexual assault in the first degree, § 5-14-124 ; (viii) Causing a catastrophe, § 5-38-202(a) ; (ix) Aggravated residential burglary, § 5-39-204 ; (x) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; (xi) Capital murder, § 5-10-101 ; or (xii) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; or (B) A conviction of a comparable serious felony involving violence from another jurisdiction.

(A) Any of the following felonies: (i) Murder in the first degree, § 5-10-102 ; (ii) Murder in the second degree, § 5-10-103 ; (iii) Kidnapping, § 5-11-102 , involving an activity making it a Class Y felony; (iv) Aggravated robbery, § 5-12-103 ; (v) Terroristic act, § 5-13-310 , involving an activity making it a Class Y felony; (vi) Rape, § 5-14-103 ; (vii) Sexual assault in the first degree, § 5-14-124 ; (viii) Causing a catastrophe, § 5-38-202(a) ; (ix) Aggravated residential burglary, § 5-39-204 ; (x) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; (xi) Capital murder, § 5-10-101 ; or (xii) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; or

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

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

(iii) Kidnapping, § 5-11-102 , involving an activity making it a Class Y felony;

(iv) Aggravated robbery, § 5-12-103 ;

(v) Terroristic act, § 5-13-310 , involving an activity making it a Class Y felony;

(vi) Rape, § 5-14-103 ;

(vii) Sexual assault in the first degree, § 5-14-124 ;

(viii) Causing a catastrophe, § 5-38-202(a) ;

(ix) Aggravated residential burglary, § 5-39-204 ;

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

(xi) Capital murder, § 5-10-101 ; or

(xii) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; or

(B) A conviction of a comparable serious felony involving violence from another jurisdiction.

(3) A defendant who is convicted of rape, § 5-14-103 , or sexual assault in the first degree, § 5-14-124 , involving a victim less than fourteen (14) years of age and who has previously been convicted of one (1) or more of the serious felonies involving violence enumerated in subdivision (c)(2) of this section may be sentenced to pay any fine authorized by law for the rape or sexual assault in the first degree conviction and shall be sentenced to life in prison without the possibility of parole.

(4) (A) The following procedure governs a trial at which a sentence to an extended term of imprisonment is sought pursuant to this subsection: (i) The jury shall first hear all evidence relevant to the serious felony involving violence with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge; (ii) (a) If the defendant is found guilty of the serious felony involving violence, out of the hearing of the jury the trial court shall hear evidence of whether the defendant has pleaded guilty or nolo contendere to or been found guilty of a prior serious felony involving violence and shall determine the number of prior serious felony involving violence convictions, if any. (b) The defendant has the right to hear and controvert evidence described in subdivision (c)(4)(A)(ii) (a) of this section and to offer evidence in his or her support; (iii) (a) The trial court shall then instruct the jury as to the number of prior convictions for a serious felony involving violence and the statutory sentencing range. (b) The jury may be advised as to the nature of a prior serious felony involving violence conviction and the date and place of a prior serious felony involving violence conviction; and (iv) The jury shall retire again and then determine a sentence within the statutory range. (B) The determination of whether a felony conviction from another jurisdiction is comparable to an enumerated serious felony involving violence under Arkansas criminal law lies within the discretion of the trial judge at the time of sentencing.

(A) The following procedure governs a trial at which a sentence to an extended term of imprisonment is sought pursuant to this subsection: (i) The jury shall first hear all evidence relevant to the serious felony involving violence with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge; (ii) (a) If the defendant is found guilty of the serious felony involving violence, out of the hearing of the jury the trial court shall hear evidence of whether the defendant has pleaded guilty or nolo contendere to or been found guilty of a prior serious felony involving violence and shall determine the number of prior serious felony involving violence convictions, if any. (b) The defendant has the right to hear and controvert evidence described in subdivision (c)(4)(A)(ii) (a) of this section and to offer evidence in his or her support; (iii) (a) The trial court shall then instruct the jury as to the number of prior convictions for a serious felony involving violence and the statutory sentencing range. (b) The jury may be advised as to the nature of a prior serious felony involving violence conviction and the date and place of a prior serious felony involving violence conviction; and (iv) The jury shall retire again and then determine a sentence within the statutory range.

(i) The jury shall first hear all evidence relevant to the serious felony involving violence with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge;

(ii) (a) If the defendant is found guilty of the serious felony involving violence, out of the hearing of the jury the trial court shall hear evidence of whether the defendant has pleaded guilty or nolo contendere to or been found guilty of a prior serious felony involving violence and shall determine the number of prior serious felony involving violence convictions, if any. (b) The defendant has the right to hear and controvert evidence described in subdivision (c)(4)(A)(ii) (a) of this section and to offer evidence in his or her support;

(a) If the defendant is found guilty of the serious felony involving violence, out of the hearing of the jury the trial court shall hear evidence of whether the defendant has pleaded guilty or nolo contendere to or been found guilty of a prior serious felony involving violence and shall determine the number of prior serious felony involving violence convictions, if any.

(b) The defendant has the right to hear and controvert evidence described in subdivision (c)(4)(A)(ii) (a) of this section and to offer evidence in his or her support;

(iii) (a) The trial court shall then instruct the jury as to the number of prior convictions for a serious felony involving violence and the statutory sentencing range. (b) The jury may be advised as to the nature of a prior serious felony involving violence conviction and the date and place of a prior serious felony involving violence conviction; and

(a) The trial court shall then instruct the jury as to the number of prior convictions for a serious felony involving violence and the statutory sentencing range.

(b) The jury may be advised as to the nature of a prior serious felony involving violence conviction and the date and place of a prior serious felony involving violence conviction; and

(iv) The jury shall retire again and then determine a sentence within the statutory range.

(B) The determination of whether a felony conviction from another jurisdiction is comparable to an enumerated serious felony involving violence under Arkansas criminal law lies within the discretion of the trial judge at the time of sentencing.

(d) (1) A defendant who is convicted of a felony involving violence enumerated in subdivision (d)(2) of this section and who previously has been convicted of two (2) or more of the felonies involving violence enumerated in subdivision (d)(2) of this section may be sentenced to pay any fine authorized by law for the felony involving violence conviction and shall be sentenced to an extended term of imprisonment as follows: (A) For a conviction of a Class Y felony, a term of imprisonment of not less than life in prison; (B) For a conviction of a Class A felony, a term of imprisonment of not less than forty (40) years nor more than life in prison; (C) For a conviction of a Class B felony or for a conviction of an unclassified felony punishable by life imprisonment, a term of imprisonment of not less than thirty (30) years nor more than sixty (60) years; (D) For a conviction of a Class C felony, a term of imprisonment of not less than twenty-five (25) years nor more than forty (40) years; (E) For a conviction of a Class D felony, a term of imprisonment of not less than twenty (20) years nor more than forty (40) years; and (F) For a conviction of an unclassified felony punishable by less than life imprisonment, a term of imprisonment not more than three (3) times the maximum sentence for the unclassified felony offense. (2) As used in this subsection, "felony involving violence" means: (A) Any of the following felonies: (i) Murder in the first degree, § 5-10-102 ; (ii) Murder in the second degree, § 5-10-103 ; (iii) Kidnapping, § 5-11-102 ; (iv) Aggravated robbery, § 5-12-103 ; (v) Rape, § 5-14-103 ; (vi) Battery in the first degree, § 5-13-201 ; (vii) Terroristic act, § 5-13-310 ; (viii) Sexual assault in the first degree, § 5-14-124 ; (ix) Sexual assault in the second degree, § 5-14-125 ; (x) Domestic battering in the first degree, § 5-26-303 ; (xi) Aggravated residential burglary, § 5-39-204 ; (xii) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (xiii) Criminal use of prohibited weapons, § 5-73-104 , involving an activity making it a Class B felony; (xiv) A felony attempt, solicitation, or conspiracy to commit: (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) Kidnapping, § 5-11-102 ; (e) Aggravated robbery, § 5-12-103 ; (f) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; (g) Rape, § 5-14-103 ; (h) Battery in the first degree, § 5-13-201 ; (i) Domestic battering in the first degree, § 5-26-303 ; or (j) Aggravated residential burglary, § 5-39-204 ; (xv) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; or (xvi) Capital murder, § 5-10-101 ; or (B) A conviction of a comparable felony involving violence from another jurisdiction. (3) (A) The following procedure governs a trial at which a sentence to an extended term of imprisonment is sought pursuant to this subsection: (i) The jury shall first hear all evidence relevant to the felony involving violence with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge; (ii) (a) If the defendant is found guilty of the felony involving violence, out of the hearing of the jury the trial court shall hear evidence of whether the defendant has pleaded guilty or nolo contendere to or been found guilty of two (2) or more prior felonies involving violence and shall determine the number of prior felony involving violence convictions, if any. (b) The defendant has the right to hear and controvert evidence described in subdivision (d)(3)(A)(ii) (a) of this section and to offer evidence in his or her support; (iii) (a) The trial court shall then instruct the jury as to the number of prior felony involving violence convictions and the statutory sentencing range. (b) The jury may be advised as to the nature of a prior felony involving violence conviction and the date and place of a prior felony involving violence conviction; and (iv) The jury shall retire again and then determine a sentence within the statutory range. (B) The determination of whether a felony conviction from another jurisdiction is comparable to an enumerated felony involving violence under Arkansas criminal law lies within the discretion of the trial judge at the time of sentencing.

(1) A defendant who is convicted of a felony involving violence enumerated in subdivision (d)(2) of this section and who previously has been convicted of two (2) or more of the felonies involving violence enumerated in subdivision (d)(2) of this section may be sentenced to pay any fine authorized by law for the felony involving violence conviction and shall be sentenced to an extended term of imprisonment as follows: (A) For a conviction of a Class Y felony, a term of imprisonment of not less than life in prison; (B) For a conviction of a Class A felony, a term of imprisonment of not less than forty (40) years nor more than life in prison; (C) For a conviction of a Class B felony or for a conviction of an unclassified felony punishable by life imprisonment, a term of imprisonment of not less than thirty (30) years nor more than sixty (60) years; (D) For a conviction of a Class C felony, a term of imprisonment of not less than twenty-five (25) years nor more than forty (40) years; (E) For a conviction of a Class D felony, a term of imprisonment of not less than twenty (20) years nor more than forty (40) years; and (F) For a conviction of an unclassified felony punishable by less than life imprisonment, a term of imprisonment not more than three (3) times the maximum sentence for the unclassified felony offense.

(A) For a conviction of a Class Y felony, a term of imprisonment of not less than life in prison;

(B) For a conviction of a Class A felony, a term of imprisonment of not less than forty (40) years nor more than life in prison;

(C) For a conviction of a Class B felony or for a conviction of an unclassified felony punishable by life imprisonment, a term of imprisonment of not less than thirty (30) years nor more than sixty (60) years;

(D) For a conviction of a Class C felony, a term of imprisonment of not less than twenty-five (25) years nor more than forty (40) years;

(E) For a conviction of a Class D felony, a term of imprisonment of not less than twenty (20) years nor more than forty (40) years; and

(F) For a conviction of an unclassified felony punishable by less than life imprisonment, a term of imprisonment not more than three (3) times the maximum sentence for the unclassified felony offense.

(2) As used in this subsection, "felony involving violence" means: (A) Any of the following felonies: (i) Murder in the first degree, § 5-10-102 ; (ii) Murder in the second degree, § 5-10-103 ; (iii) Kidnapping, § 5-11-102 ; (iv) Aggravated robbery, § 5-12-103 ; (v) Rape, § 5-14-103 ; (vi) Battery in the first degree, § 5-13-201 ; (vii) Terroristic act, § 5-13-310 ; (viii) Sexual assault in the first degree, § 5-14-124 ; (ix) Sexual assault in the second degree, § 5-14-125 ; (x) Domestic battering in the first degree, § 5-26-303 ; (xi) Aggravated residential burglary, § 5-39-204 ; (xii) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (xiii) Criminal use of prohibited weapons, § 5-73-104 , involving an activity making it a Class B felony; (xiv) A felony attempt, solicitation, or conspiracy to commit: (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) Kidnapping, § 5-11-102 ; (e) Aggravated robbery, § 5-12-103 ; (f) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; (g) Rape, § 5-14-103 ; (h) Battery in the first degree, § 5-13-201 ; (i) Domestic battering in the first degree, § 5-26-303 ; or (j) Aggravated residential burglary, § 5-39-204 ; (xv) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; or (xvi) Capital murder, § 5-10-101 ; or (B) A conviction of a comparable felony involving violence from another jurisdiction.

(A) Any of the following felonies: (i) Murder in the first degree, § 5-10-102 ; (ii) Murder in the second degree, § 5-10-103 ; (iii) Kidnapping, § 5-11-102 ; (iv) Aggravated robbery, § 5-12-103 ; (v) Rape, § 5-14-103 ; (vi) Battery in the first degree, § 5-13-201 ; (vii) Terroristic act, § 5-13-310 ; (viii) Sexual assault in the first degree, § 5-14-124 ; (ix) Sexual assault in the second degree, § 5-14-125 ; (x) Domestic battering in the first degree, § 5-26-303 ; (xi) Aggravated residential burglary, § 5-39-204 ; (xii) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (xiii) Criminal use of prohibited weapons, § 5-73-104 , involving an activity making it a Class B felony; (xiv) A felony attempt, solicitation, or conspiracy to commit: (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) Kidnapping, § 5-11-102 ; (e) Aggravated robbery, § 5-12-103 ; (f) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; (g) Rape, § 5-14-103 ; (h) Battery in the first degree, § 5-13-201 ; (i) Domestic battering in the first degree, § 5-26-303 ; or (j) Aggravated residential burglary, § 5-39-204 ; (xv) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; or (xvi) Capital murder, § 5-10-101 ; or

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

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

(iii) Kidnapping, § 5-11-102 ;

(iv) Aggravated robbery, § 5-12-103 ;

(v) Rape, § 5-14-103 ;

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

(vii) Terroristic act, § 5-13-310 ;

(viii) Sexual assault in the first degree, § 5-14-124 ;

(ix) Sexual assault in the second degree, § 5-14-125 ;

(x) Domestic battering in the first degree, § 5-26-303 ;

(xi) Aggravated residential burglary, § 5-39-204 ;

(xii) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ;

(xiii) Criminal use of prohibited weapons, § 5-73-104 , involving an activity making it a Class B felony;

(xiv) A felony attempt, solicitation, or conspiracy to commit: (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) Kidnapping, § 5-11-102 ; (e) Aggravated robbery, § 5-12-103 ; (f) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; (g) Rape, § 5-14-103 ; (h) Battery in the first degree, § 5-13-201 ; (i) Domestic battering in the first degree, § 5-26-303 ; or (j) Aggravated residential burglary, § 5-39-204 ;

(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) Kidnapping, § 5-11-102 ;

(e) Aggravated robbery, § 5-12-103 ;

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

(g) Rape, § 5-14-103 ;

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

(i) Domestic battering in the first degree, § 5-26-303 ; or

(j) Aggravated residential burglary, § 5-39-204 ;

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

(xvi) Capital murder, § 5-10-101 ; or

(B) A conviction of a comparable felony involving violence from another jurisdiction.

(3) (A) The following procedure governs a trial at which a sentence to an extended term of imprisonment is sought pursuant to this subsection: (i) The jury shall first hear all evidence relevant to the felony involving violence with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge; (ii) (a) If the defendant is found guilty of the felony involving violence, out of the hearing of the jury the trial court shall hear evidence of whether the defendant has pleaded guilty or nolo contendere to or been found guilty of two (2) or more prior felonies involving violence and shall determine the number of prior felony involving violence convictions, if any. (b) The defendant has the right to hear and controvert evidence described in subdivision (d)(3)(A)(ii) (a) of this section and to offer evidence in his or her support; (iii) (a) The trial court shall then instruct the jury as to the number of prior felony involving violence convictions and the statutory sentencing range. (b) The jury may be advised as to the nature of a prior felony involving violence conviction and the date and place of a prior felony involving violence conviction; and (iv) The jury shall retire again and then determine a sentence within the statutory range. (B) The determination of whether a felony conviction from another jurisdiction is comparable to an enumerated felony involving violence under Arkansas criminal law lies within the discretion of the trial judge at the time of sentencing.

(A) The following procedure governs a trial at which a sentence to an extended term of imprisonment is sought pursuant to this subsection: (i) The jury shall first hear all evidence relevant to the felony involving violence with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge; (ii) (a) If the defendant is found guilty of the felony involving violence, out of the hearing of the jury the trial court shall hear evidence of whether the defendant has pleaded guilty or nolo contendere to or been found guilty of two (2) or more prior felonies involving violence and shall determine the number of prior felony involving violence convictions, if any. (b) The defendant has the right to hear and controvert evidence described in subdivision (d)(3)(A)(ii) (a) of this section and to offer evidence in his or her support; (iii) (a) The trial court shall then instruct the jury as to the number of prior felony involving violence convictions and the statutory sentencing range. (b) The jury may be advised as to the nature of a prior felony involving violence conviction and the date and place of a prior felony involving violence conviction; and (iv) The jury shall retire again and then determine a sentence within the statutory range.

(i) The jury shall first hear all evidence relevant to the felony involving violence with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge;

(ii) (a) If the defendant is found guilty of the felony involving violence, out of the hearing of the jury the trial court shall hear evidence of whether the defendant has pleaded guilty or nolo contendere to or been found guilty of two (2) or more prior felonies involving violence and shall determine the number of prior felony involving violence convictions, if any. (b) The defendant has the right to hear and controvert evidence described in subdivision (d)(3)(A)(ii) (a) of this section and to offer evidence in his or her support;

(a) If the defendant is found guilty of the felony involving violence, out of the hearing of the jury the trial court shall hear evidence of whether the defendant has pleaded guilty or nolo contendere to or been found guilty of two (2) or more prior felonies involving violence and shall determine the number of prior felony involving violence convictions, if any.

(b) The defendant has the right to hear and controvert evidence described in subdivision (d)(3)(A)(ii) (a) of this section and to offer evidence in his or her support;

(iii) (a) The trial court shall then instruct the jury as to the number of prior felony involving violence convictions and the statutory sentencing range. (b) The jury may be advised as to the nature of a prior felony involving violence conviction and the date and place of a prior felony involving violence conviction; and

(a) The trial court shall then instruct the jury as to the number of prior felony involving violence convictions and the statutory sentencing range.

(b) The jury may be advised as to the nature of a prior felony involving violence conviction and the date and place of a prior felony involving violence conviction; and

(iv) The jury shall retire again and then determine a sentence within the statutory range.

(B) The determination of whether a felony conviction from another jurisdiction is comparable to an enumerated felony involving violence under Arkansas criminal law lies within the discretion of the trial judge at the time of sentencing.

(e) (1) For the purpose of determining whether a defendant has previously been convicted or found guilty of two (2) or more felonies, a conviction or finding of guilt of burglary, § 5-39-201 , and of the felony that was the object of the burglary are considered a single felony conviction or finding of guilt. (2) A conviction or finding of guilt of an offense that was a felony under the law in effect prior to January 1, 1976, is considered a previous felony conviction or finding of guilt.

(1) For the purpose of determining whether a defendant has previously been convicted or found guilty of two (2) or more felonies, a conviction or finding of guilt of burglary, § 5-39-201 , and of the felony that was the object of the burglary are considered a single felony conviction or finding of guilt.

(2) A conviction or finding of guilt of an offense that was a felony under the law in effect prior to January 1, 1976, is considered a previous felony conviction or finding of guilt.

(f) For the purposes of determining whether a defendant has previously been convicted of a serious felony involving violence or a felony involving violence under subsections (c) and (d) of this section, the entry of a plea of guilty or nolo contendere or a finding of guilt by a court to a felony enumerated in subsections (c) and (d) of this section, respectively, as a result of which a court places the defendant on a suspended imposition of sentence, a suspended sentence, or probation, or sentences the defendant to the Division of Correction, is considered a previous felony conviction.

(g) Any defendant deemed eligible to be sentenced under a provision of both subsections (c) and (d) of this section shall be sentenced only under subsection (d) of this section.

(h) If the provisions of subsection (c) or subsection (d) of this section, or both, are held invalid by a court, the defendant's case shall be remanded to the trial court for resentencing of the defendant under the provisions of subsections (a) and (b) of this section.

(i) For the purpose of determining under this section the number of felonies for which a defendant has been convicted, if the defendant was previously convicted of a felony for possession of a controlled substance under the Uniform Controlled Substances Act, § 5-64-101 et seq., and the defendant also was convicted of a felony for possession of drug paraphernalia under § 5-64-443 stemming from the same set of facts, the two (2) felonies shall be considered as one (1) felony.

(j) For the purpose of determining under this section the number of felonies for which a defendant has been convicted, if the defendant was previously convicted of a felony for possession of fentanyl, § 5-64-421 , and the defendant also was convicted of a felony for knowingly exposing another person to fentanyl in the first degree, § 5-13-214(b) , or knowingly exposing another person to fentanyl in the second degree, § 5-13-214(c) , stemming from the same set of facts, the two (2) felonies shall be considered as one (1) felony.

Amended by Act 2023, No. 659,§ 17, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 16, eff. 1/1/2024.

Amended by Act 2023, No. 739,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 821,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 821,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 453,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 659, eff. 7/1/2019.

Amended by Act 2017, No. 367,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 2, eff. 8/1/2017.

Amended by Act 2015, No. 895,§ 3, eff. 4/1/2015.

Acts 1975, No. 280, § 1001; 1977, No. 474, § 4; 1981, No. 620, § 9; 1983, No. 409, § 3; A.S.A. 1947, § 41-1001; Acts 1993, No. 532, § 7; 1993, No. 550, § 7; 1995, No. 1009, § 1; 1995, No. 1011, § 1; 1997, No. 1197, § 1; 2001, No. 1553, § 6; 2003, No. 1390, § 2; 2006 (1st Ex. Sess.), No. 5, § 1; 2007, No. 827, §§ 15, 16; No. 852, § 1; 2009, No. 1395, §§ 1, 2; 2011, No. 570, §§ 19, 20.
Ark. Code Ann. § 5-75-102 — AR Code / Title 5 / Chapter 75 / Section 5-75-102
Unlawful acts
Status: in_force

(a) (1) It is unlawful and punishable as provided in this chapter for any person who is intoxicated to operate, navigate, or be in actual physical control of any aircraft. (2) It is unlawful and punishable as provided in this chapter for any person to operate, navigate, or be in actual physical control of any aircraft if at that time there was an alcohol concentration of four hundredths (0.04) or more in the person's breath or blood as determined by a chemical test of the person's blood, urine, breath, or other bodily substance. (3) It is unlawful and punishable as provided in this chapter for any person who is at an airport to perform his or her duties as a member of the flight crew of an aircraft and who has an alcohol concentration of four hundredths (0.04) or more in the person's breath or blood as determined by a chemical test of the person's blood, urine, breath, or other bodily substance, to: (A) Present himself or herself at: (i) The security checkpoint at the airport; (ii) The security identification area; or (iii) An aircraft ramp; or (B) Plan and accept flight documents at the ticket counter or gate. (b) (1) Any person who pleads guilty or nolo contendere to or is found guilty of violating subsection (a) of this section is guilty of a Class A misdemeanor. (2) For a second offense occurring within one (1) year, any person who pleads guilty or nolo contendere to or is found guilty of violating subsection (a) of this section is guilty of a Class D felony. (3) Any person who pleads guilty or nolo contendere to or is found guilty of violating subsection (a) of this section and who at the time of the offense was a flight crew member and was in possession of a weapon is guilty of a Class D felony. (c) (1) (A) If a person under arrest for violating subsection (a) of this section refuses upon the request of a law enforcement officer to submit to a chemical test as provided in § 5-75-103 , no chemical test shall be given. (B) However, any person who refuses to submit to a chemical test as provided for in § 5-75-103 is guilty of a Class A misdemeanor. (2) For a second offense occurring within one (1) year, any person who refuses to submit to a chemical test as provided for in § 5-75-103 is guilty of a Class D felony. (d) A complete report of any arrest or conviction made under the provisions of this chapter shall be forwarded to the Federal Aviation Administration or any other agency responsible for the licensing of pilots or navigators. Acts 1993, No. 824, § 2; 2001, No. 561, § 17; 2003, No. 1267, § 1.

(a) (1) It is unlawful and punishable as provided in this chapter for any person who is intoxicated to operate, navigate, or be in actual physical control of any aircraft. (2) It is unlawful and punishable as provided in this chapter for any person to operate, navigate, or be in actual physical control of any aircraft if at that time there was an alcohol concentration of four hundredths (0.04) or more in the person's breath or blood as determined by a chemical test of the person's blood, urine, breath, or other bodily substance. (3) It is unlawful and punishable as provided in this chapter for any person who is at an airport to perform his or her duties as a member of the flight crew of an aircraft and who has an alcohol concentration of four hundredths (0.04) or more in the person's breath or blood as determined by a chemical test of the person's blood, urine, breath, or other bodily substance, to: (A) Present himself or herself at: (i) The security checkpoint at the airport; (ii) The security identification area; or (iii) An aircraft ramp; or (B) Plan and accept flight documents at the ticket counter or gate.

(1) It is unlawful and punishable as provided in this chapter for any person who is intoxicated to operate, navigate, or be in actual physical control of any aircraft.

(2) It is unlawful and punishable as provided in this chapter for any person to operate, navigate, or be in actual physical control of any aircraft if at that time there was an alcohol concentration of four hundredths (0.04) or more in the person's breath or blood as determined by a chemical test of the person's blood, urine, breath, or other bodily substance.

(3) It is unlawful and punishable as provided in this chapter for any person who is at an airport to perform his or her duties as a member of the flight crew of an aircraft and who has an alcohol concentration of four hundredths (0.04) or more in the person's breath or blood as determined by a chemical test of the person's blood, urine, breath, or other bodily substance, to: (A) Present himself or herself at: (i) The security checkpoint at the airport; (ii) The security identification area; or (iii) An aircraft ramp; or (B) Plan and accept flight documents at the ticket counter or gate.

(A) Present himself or herself at: (i) The security checkpoint at the airport; (ii) The security identification area; or (iii) An aircraft ramp; or

(i) The security checkpoint at the airport;

(ii) The security identification area; or

(iii) An aircraft ramp; or

(B) Plan and accept flight documents at the ticket counter or gate.

(b) (1) Any person who pleads guilty or nolo contendere to or is found guilty of violating subsection (a) of this section is guilty of a Class A misdemeanor. (2) For a second offense occurring within one (1) year, any person who pleads guilty or nolo contendere to or is found guilty of violating subsection (a) of this section is guilty of a Class D felony. (3) Any person who pleads guilty or nolo contendere to or is found guilty of violating subsection (a) of this section and who at the time of the offense was a flight crew member and was in possession of a weapon is guilty of a Class D felony.

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

(2) For a second offense occurring within one (1) year, any person who pleads guilty or nolo contendere to or is found guilty of violating subsection (a) of this section is guilty of a Class D felony.

(3) Any person who pleads guilty or nolo contendere to or is found guilty of violating subsection (a) of this section and who at the time of the offense was a flight crew member and was in possession of a weapon is guilty of a Class D felony.

(c) (1) (A) If a person under arrest for violating subsection (a) of this section refuses upon the request of a law enforcement officer to submit to a chemical test as provided in § 5-75-103 , no chemical test shall be given. (B) However, any person who refuses to submit to a chemical test as provided for in § 5-75-103 is guilty of a Class A misdemeanor. (2) For a second offense occurring within one (1) year, any person who refuses to submit to a chemical test as provided for in § 5-75-103 is guilty of a Class D felony.

(1) (A) If a person under arrest for violating subsection (a) of this section refuses upon the request of a law enforcement officer to submit to a chemical test as provided in § 5-75-103 , no chemical test shall be given. (B) However, any person who refuses to submit to a chemical test as provided for in § 5-75-103 is guilty of a Class A misdemeanor.

(A) If a person under arrest for violating subsection (a) of this section refuses upon the request of a law enforcement officer to submit to a chemical test as provided in § 5-75-103 , no chemical test shall be given.

(B) However, any person who refuses to submit to a chemical test as provided for in § 5-75-103 is guilty of a Class A misdemeanor.

(2) For a second offense occurring within one (1) year, any person who refuses to submit to a chemical test as provided for in § 5-75-103 is guilty of a Class D felony.

(d) A complete report of any arrest or conviction made under the provisions of this chapter shall be forwarded to the Federal Aviation Administration or any other agency responsible for the licensing of pilots or navigators.

Acts 1993, No. 824, § 2; 2001, No. 561, § 17; 2003, No. 1267, § 1.
Ark. Code Ann. § 5-27-229 — AR Code / Title 5 / Chapter 27 / Subchapter 2 / Section 5-27-229
Soliciting money or property from incompetents
Status: in_force

(a) It is unlawful for any person to: (1) Solicit money or property from another person the person knows or should have reason to know is an incompetent person or is a person with diminished mental capacity; and (2) Cause that incompetent person or person with diminished mental capacity to voluntarily surrender money or property in order to profit or secure gain by taking unfair advantage of the person's incompetency or diminished mental capacity. (b) Any person violating this section is guilty of a Class D felony. Acts 1987, No. 337, § 1.

(a) It is unlawful for any person to: (1) Solicit money or property from another person the person knows or should have reason to know is an incompetent person or is a person with diminished mental capacity; and (2) Cause that incompetent person or person with diminished mental capacity to voluntarily surrender money or property in order to profit or secure gain by taking unfair advantage of the person's incompetency or diminished mental capacity.

(1) Solicit money or property from another person the person knows or should have reason to know is an incompetent person or is a person with diminished mental capacity; and

(2) Cause that incompetent person or person with diminished mental capacity to voluntarily surrender money or property in order to profit or secure gain by taking unfair advantage of the person's incompetency or diminished mental capacity.

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

Acts 1987, No. 337, § 1.
Ark. Code Ann. § 5-65-104 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-104
Seizure, suspension, and revocation of license - Temporary permits - Ignition interlock restricted license
Status: in_force

(a) (1) At the time of arrest for operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood, as provided in § 5-65-103 , the arrested person shall immediately surrender his or her driver's license, driver's permit, or other evidence of driving privilege to the arresting law enforcement officer as provided in § 5-65-402 . (2) The Office of Driver Services or its designated official shall suspend or revoke the driving privilege of an arrested person or shall suspend any nonresident driving privilege of an arrested person, as provided in § 5-65-402 . The suspension or revocation shall be based on the number of previous offenses as follows: (A) Suspension for: (i) (a) Six (6) months for the first offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of at least eight hundredths (0.08) by weight of alcohol in the person's blood or breath, § 5-65-103 . (b) If the Office of Driver Services allows the issuance of an ignition interlock restricted license under § 5-65-118 , the ignition interlock restricted license shall be available immediately. (c) The restricted driving permit under § 5-65-120 is not allowed for a suspension under this subdivision (a)(2)(A)(i); and (ii) (a) Suspension for six (6) months for the first offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated by the ingestion of or by the use of a controlled substance. (b) The ignition interlock restricted license provision of § 5-65-118 does not apply to a suspension under subdivision (a)(2)(A)(ii) (a) of this section; (B) (i) Suspension for twenty-four (24) months for a second offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more by weight of alcohol in the person's blood or breath, § 5-65-103 , within five (5) years of the first offense. (ii) However, if the office allows the issuance of an ignition interlock restricted license under § 5-65-118 , the restricted license is available immediately. (iii) The ignition interlock restricted license provision of § 5-65-118 does not apply to the suspension under subdivisions (a)(2)(B)(i) and (ii) of this section if the person is arrested for an offense of operating or being in actual physical control of a motor vehicle or motorboat while intoxicated by the ingestion of or by the use of a controlled substance; (C) (i) Suspension for thirty (30) months for the third offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more by weight of alcohol in the person's blood or breath, § 5-65-103 , within five (5) years of the first offense. (ii) However, if the office allows the issuance of an ignition interlock restricted license under § 5-65-118 , the restricted license is available immediately. (iii) The ignition interlock restricted license provision of § 5-65-118 does not apply to the suspension under subdivisions (a)(2)(C)(i) and (ii) if the person is arrested for an offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated by the ingestion of or by the use of a controlled substance; and (D) (i) Revocation for four (4) years, during which no restricted permits may be issued, for the fourth or subsequent offense of operating or being in actual physical control of a motor vehicle or motorboat while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more by weight of alcohol in the person's blood or breath, § 5-65-103 , within five (5) years of the first offense. (ii) A person whose driver's license is revoked under this subdivision (a)(2)(D) is required to install a functioning ignition interlock device on his or her motor vehicle under § 5-65-118(a)(1)(B) if the person regains his or her driver's license. (3) If a person is a resident who is convicted of driving without a license or permit to operate a motor vehicle or motorboat and the underlying basis for the suspension, revocation, or restriction of the license or permit was for a violation of § 5-65-103 , in addition to any other penalties provided for under law, the court may restrict the offender to an ignition interlock restricted license for a period of one (1) year prior to the reinstatement or reissuance of a license or permit after the person would otherwise be eligible for reinstatement or reissuance of the person's license or permit. (4) In order to determine the number of previous offenses to consider when suspending or revoking the arrested person's driving privilege, the office shall consider as a previous offense any of the following that occurred within the five (5) years immediately before the current offense: (A) A conviction for an offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood, including a violation of § 5-10-105(a)(1)(A) or § 5-10-105(a)(1)(B) , that occurred: (i) In Arkansas; or (ii) In another state; or (B) A suspension or revocation of driving privilege for an arrest for operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood under § 5-65-103 when the person was not subsequently acquitted of the criminal charges. (b) (1) (A) A person whose driving privilege is suspended or revoked under this section is required to complete an alcohol education program or an alcohol treatment program as approved by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services unless the charges are dismissed or the person is acquitted of the charges upon which the suspension or revocation is based. (B) If during the period of suspension or revocation under subdivision (b)(1)(A) of this section the person commits an additional violation of § 5-65-103 , he or she is also required to complete an approved alcohol education program or alcohol treatment program for each additional violation, unless: (i) The additional charges are dismissed; or (ii) He or she is acquitted of the additional charges. (2) A person whose driving privilege is suspended or revoked under this section shall furnish proof of: (A) Attendance at and completion of the alcohol education program or the alcohol treatment program required under subdivision (b)(1) of this section before reinstatement of his or her suspended or revoked driving privilege; or (B) Dismissal or acquittal of the charge on which the suspension or revocation is based. (3) Even if a person has filed a de novo petition for review under former subsection (c) of this section, the person is entitled to reinstatement of driving privileges upon complying with this subsection and is not required to postpone reinstatement until the disposition of the de novo review in circuit court has occurred. Amended by Act 2017, No. 1094,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 913,§ 18, eff. 8/1/2017. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Amended by Act 2013, No. 479,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 479,§ 1, eff. 8/16/2013. Acts 1983, No. 549, § 13; 1985, No. 113, § 1; 1985, No. 1064, § 1; A.S.A. 1947, § 75-2511; Acts 1989, No. 368, § 1; 1989, No. 621, § 1; 1993, No. 736, § 1; 1995, No. 802, § 1; 1997, No. 830, § 1; 1997, No. 1325, § 2; 1999, No. 1077, § 9; 1999, No. 1468, § 1; 1999, No. 1508, § 7; 2001, No. 561, §§ 3-5; No. 1501, § 1; 2003, No. 541, § 1; 2003, No. 1036, § 1; 2003, No. 1462, § 1; 2003, No. 1779, § 1; 2005, No. 1234, § 3; 2005, No. 1768, § 1; 2007, No. 712, § 1; 2007, No. 827, § 75; 2007, No. 1196, § 1; 2009, No. 359, §§ 1--3; 2009, No. 650, § 2; 2009, No. 922, § 1; 2009, No. 1293, § 1.

(a) (1) At the time of arrest for operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood, as provided in § 5-65-103 , the arrested person shall immediately surrender his or her driver's license, driver's permit, or other evidence of driving privilege to the arresting law enforcement officer as provided in § 5-65-402 . (2) The Office of Driver Services or its designated official shall suspend or revoke the driving privilege of an arrested person or shall suspend any nonresident driving privilege of an arrested person, as provided in § 5-65-402 . The suspension or revocation shall be based on the number of previous offenses as follows: (A) Suspension for: (i) (a) Six (6) months for the first offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of at least eight hundredths (0.08) by weight of alcohol in the person's blood or breath, § 5-65-103 . (b) If the Office of Driver Services allows the issuance of an ignition interlock restricted license under § 5-65-118 , the ignition interlock restricted license shall be available immediately. (c) The restricted driving permit under § 5-65-120 is not allowed for a suspension under this subdivision (a)(2)(A)(i); and (ii) (a) Suspension for six (6) months for the first offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated by the ingestion of or by the use of a controlled substance. (b) The ignition interlock restricted license provision of § 5-65-118 does not apply to a suspension under subdivision (a)(2)(A)(ii) (a) of this section; (B) (i) Suspension for twenty-four (24) months for a second offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more by weight of alcohol in the person's blood or breath, § 5-65-103 , within five (5) years of the first offense. (ii) However, if the office allows the issuance of an ignition interlock restricted license under § 5-65-118 , the restricted license is available immediately. (iii) The ignition interlock restricted license provision of § 5-65-118 does not apply to the suspension under subdivisions (a)(2)(B)(i) and (ii) of this section if the person is arrested for an offense of operating or being in actual physical control of a motor vehicle or motorboat while intoxicated by the ingestion of or by the use of a controlled substance; (C) (i) Suspension for thirty (30) months for the third offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more by weight of alcohol in the person's blood or breath, § 5-65-103 , within five (5) years of the first offense. (ii) However, if the office allows the issuance of an ignition interlock restricted license under § 5-65-118 , the restricted license is available immediately. (iii) The ignition interlock restricted license provision of § 5-65-118 does not apply to the suspension under subdivisions (a)(2)(C)(i) and (ii) if the person is arrested for an offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated by the ingestion of or by the use of a controlled substance; and (D) (i) Revocation for four (4) years, during which no restricted permits may be issued, for the fourth or subsequent offense of operating or being in actual physical control of a motor vehicle or motorboat while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more by weight of alcohol in the person's blood or breath, § 5-65-103 , within five (5) years of the first offense. (ii) A person whose driver's license is revoked under this subdivision (a)(2)(D) is required to install a functioning ignition interlock device on his or her motor vehicle under § 5-65-118(a)(1)(B) if the person regains his or her driver's license. (3) If a person is a resident who is convicted of driving without a license or permit to operate a motor vehicle or motorboat and the underlying basis for the suspension, revocation, or restriction of the license or permit was for a violation of § 5-65-103 , in addition to any other penalties provided for under law, the court may restrict the offender to an ignition interlock restricted license for a period of one (1) year prior to the reinstatement or reissuance of a license or permit after the person would otherwise be eligible for reinstatement or reissuance of the person's license or permit. (4) In order to determine the number of previous offenses to consider when suspending or revoking the arrested person's driving privilege, the office shall consider as a previous offense any of the following that occurred within the five (5) years immediately before the current offense: (A) A conviction for an offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood, including a violation of § 5-10-105(a)(1)(A) or § 5-10-105(a)(1)(B) , that occurred: (i) In Arkansas; or (ii) In another state; or (B) A suspension or revocation of driving privilege for an arrest for operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood under § 5-65-103 when the person was not subsequently acquitted of the criminal charges.

(1) At the time of arrest for operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood, as provided in § 5-65-103 , the arrested person shall immediately surrender his or her driver's license, driver's permit, or other evidence of driving privilege to the arresting law enforcement officer as provided in § 5-65-402 .

(2) The Office of Driver Services or its designated official shall suspend or revoke the driving privilege of an arrested person or shall suspend any nonresident driving privilege of an arrested person, as provided in § 5-65-402 . The suspension or revocation shall be based on the number of previous offenses as follows: (A) Suspension for: (i) (a) Six (6) months for the first offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of at least eight hundredths (0.08) by weight of alcohol in the person's blood or breath, § 5-65-103 . (b) If the Office of Driver Services allows the issuance of an ignition interlock restricted license under § 5-65-118 , the ignition interlock restricted license shall be available immediately. (c) The restricted driving permit under § 5-65-120 is not allowed for a suspension under this subdivision (a)(2)(A)(i); and (ii) (a) Suspension for six (6) months for the first offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated by the ingestion of or by the use of a controlled substance. (b) The ignition interlock restricted license provision of § 5-65-118 does not apply to a suspension under subdivision (a)(2)(A)(ii) (a) of this section; (B) (i) Suspension for twenty-four (24) months for a second offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more by weight of alcohol in the person's blood or breath, § 5-65-103 , within five (5) years of the first offense. (ii) However, if the office allows the issuance of an ignition interlock restricted license under § 5-65-118 , the restricted license is available immediately. (iii) The ignition interlock restricted license provision of § 5-65-118 does not apply to the suspension under subdivisions (a)(2)(B)(i) and (ii) of this section if the person is arrested for an offense of operating or being in actual physical control of a motor vehicle or motorboat while intoxicated by the ingestion of or by the use of a controlled substance; (C) (i) Suspension for thirty (30) months for the third offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more by weight of alcohol in the person's blood or breath, § 5-65-103 , within five (5) years of the first offense. (ii) However, if the office allows the issuance of an ignition interlock restricted license under § 5-65-118 , the restricted license is available immediately. (iii) The ignition interlock restricted license provision of § 5-65-118 does not apply to the suspension under subdivisions (a)(2)(C)(i) and (ii) if the person is arrested for an offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated by the ingestion of or by the use of a controlled substance; and (D) (i) Revocation for four (4) years, during which no restricted permits may be issued, for the fourth or subsequent offense of operating or being in actual physical control of a motor vehicle or motorboat while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more by weight of alcohol in the person's blood or breath, § 5-65-103 , within five (5) years of the first offense. (ii) A person whose driver's license is revoked under this subdivision (a)(2)(D) is required to install a functioning ignition interlock device on his or her motor vehicle under § 5-65-118(a)(1)(B) if the person regains his or her driver's license.

(A) Suspension for: (i) (a) Six (6) months for the first offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of at least eight hundredths (0.08) by weight of alcohol in the person's blood or breath, § 5-65-103 . (b) If the Office of Driver Services allows the issuance of an ignition interlock restricted license under § 5-65-118 , the ignition interlock restricted license shall be available immediately. (c) The restricted driving permit under § 5-65-120 is not allowed for a suspension under this subdivision (a)(2)(A)(i); and (ii) (a) Suspension for six (6) months for the first offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated by the ingestion of or by the use of a controlled substance. (b) The ignition interlock restricted license provision of § 5-65-118 does not apply to a suspension under subdivision (a)(2)(A)(ii) (a) of this section;

(i) (a) Six (6) months for the first offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of at least eight hundredths (0.08) by weight of alcohol in the person's blood or breath, § 5-65-103 . (b) If the Office of Driver Services allows the issuance of an ignition interlock restricted license under § 5-65-118 , the ignition interlock restricted license shall be available immediately. (c) The restricted driving permit under § 5-65-120 is not allowed for a suspension under this subdivision (a)(2)(A)(i); and

(a) Six (6) months for the first offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of at least eight hundredths (0.08) by weight of alcohol in the person's blood or breath, § 5-65-103 .

(b) If the Office of Driver Services allows the issuance of an ignition interlock restricted license under § 5-65-118 , the ignition interlock restricted license shall be available immediately.

(c) The restricted driving permit under § 5-65-120 is not allowed for a suspension under this subdivision (a)(2)(A)(i); and

(ii) (a) Suspension for six (6) months for the first offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated by the ingestion of or by the use of a controlled substance. (b) The ignition interlock restricted license provision of § 5-65-118 does not apply to a suspension under subdivision (a)(2)(A)(ii) (a) of this section;

(a) Suspension for six (6) months for the first offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated by the ingestion of or by the use of a controlled substance.

(b) The ignition interlock restricted license provision of § 5-65-118 does not apply to a suspension under subdivision (a)(2)(A)(ii) (a) of this section;

(B) (i) Suspension for twenty-four (24) months for a second offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more by weight of alcohol in the person's blood or breath, § 5-65-103 , within five (5) years of the first offense. (ii) However, if the office allows the issuance of an ignition interlock restricted license under § 5-65-118 , the restricted license is available immediately. (iii) The ignition interlock restricted license provision of § 5-65-118 does not apply to the suspension under subdivisions (a)(2)(B)(i) and (ii) of this section if the person is arrested for an offense of operating or being in actual physical control of a motor vehicle or motorboat while intoxicated by the ingestion of or by the use of a controlled substance;

(i) Suspension for twenty-four (24) months for a second offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more by weight of alcohol in the person's blood or breath, § 5-65-103 , within five (5) years of the first offense.

(ii) However, if the office allows the issuance of an ignition interlock restricted license under § 5-65-118 , the restricted license is available immediately.

(iii) The ignition interlock restricted license provision of § 5-65-118 does not apply to the suspension under subdivisions (a)(2)(B)(i) and (ii) of this section if the person is arrested for an offense of operating or being in actual physical control of a motor vehicle or motorboat while intoxicated by the ingestion of or by the use of a controlled substance;

(C) (i) Suspension for thirty (30) months for the third offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more by weight of alcohol in the person's blood or breath, § 5-65-103 , within five (5) years of the first offense. (ii) However, if the office allows the issuance of an ignition interlock restricted license under § 5-65-118 , the restricted license is available immediately. (iii) The ignition interlock restricted license provision of § 5-65-118 does not apply to the suspension under subdivisions (a)(2)(C)(i) and (ii) if the person is arrested for an offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated by the ingestion of or by the use of a controlled substance; and

(i) Suspension for thirty (30) months for the third offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more by weight of alcohol in the person's blood or breath, § 5-65-103 , within five (5) years of the first offense.

(ii) However, if the office allows the issuance of an ignition interlock restricted license under § 5-65-118 , the restricted license is available immediately.

(iii) The ignition interlock restricted license provision of § 5-65-118 does not apply to the suspension under subdivisions (a)(2)(C)(i) and (ii) if the person is arrested for an offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated by the ingestion of or by the use of a controlled substance; and

(D) (i) Revocation for four (4) years, during which no restricted permits may be issued, for the fourth or subsequent offense of operating or being in actual physical control of a motor vehicle or motorboat while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more by weight of alcohol in the person's blood or breath, § 5-65-103 , within five (5) years of the first offense. (ii) A person whose driver's license is revoked under this subdivision (a)(2)(D) is required to install a functioning ignition interlock device on his or her motor vehicle under § 5-65-118(a)(1)(B) if the person regains his or her driver's license.

(i) Revocation for four (4) years, during which no restricted permits may be issued, for the fourth or subsequent offense of operating or being in actual physical control of a motor vehicle or motorboat while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more by weight of alcohol in the person's blood or breath, § 5-65-103 , within five (5) years of the first offense.

(ii) A person whose driver's license is revoked under this subdivision (a)(2)(D) is required to install a functioning ignition interlock device on his or her motor vehicle under § 5-65-118(a)(1)(B) if the person regains his or her driver's license.

(3) If a person is a resident who is convicted of driving without a license or permit to operate a motor vehicle or motorboat and the underlying basis for the suspension, revocation, or restriction of the license or permit was for a violation of § 5-65-103 , in addition to any other penalties provided for under law, the court may restrict the offender to an ignition interlock restricted license for a period of one (1) year prior to the reinstatement or reissuance of a license or permit after the person would otherwise be eligible for reinstatement or reissuance of the person's license or permit.

(4) In order to determine the number of previous offenses to consider when suspending or revoking the arrested person's driving privilege, the office shall consider as a previous offense any of the following that occurred within the five (5) years immediately before the current offense: (A) A conviction for an offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood, including a violation of § 5-10-105(a)(1)(A) or § 5-10-105(a)(1)(B) , that occurred: (i) In Arkansas; or (ii) In another state; or (B) A suspension or revocation of driving privilege for an arrest for operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood under § 5-65-103 when the person was not subsequently acquitted of the criminal charges.

(A) A conviction for an offense of operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood, including a violation of § 5-10-105(a)(1)(A) or § 5-10-105(a)(1)(B) , that occurred: (i) In Arkansas; or (ii) In another state; or

(i) In Arkansas; or

(ii) In another state; or

(B) A suspension or revocation of driving privilege for an arrest for operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood under § 5-65-103 when the person was not subsequently acquitted of the criminal charges.

(b) (1) (A) A person whose driving privilege is suspended or revoked under this section is required to complete an alcohol education program or an alcohol treatment program as approved by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services unless the charges are dismissed or the person is acquitted of the charges upon which the suspension or revocation is based. (B) If during the period of suspension or revocation under subdivision (b)(1)(A) of this section the person commits an additional violation of § 5-65-103 , he or she is also required to complete an approved alcohol education program or alcohol treatment program for each additional violation, unless: (i) The additional charges are dismissed; or (ii) He or she is acquitted of the additional charges. (2) A person whose driving privilege is suspended or revoked under this section shall furnish proof of: (A) Attendance at and completion of the alcohol education program or the alcohol treatment program required under subdivision (b)(1) of this section before reinstatement of his or her suspended or revoked driving privilege; or (B) Dismissal or acquittal of the charge on which the suspension or revocation is based. (3) Even if a person has filed a de novo petition for review under former subsection (c) of this section, the person is entitled to reinstatement of driving privileges upon complying with this subsection and is not required to postpone reinstatement until the disposition of the de novo review in circuit court has occurred.

(1) (A) A person whose driving privilege is suspended or revoked under this section is required to complete an alcohol education program or an alcohol treatment program as approved by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services unless the charges are dismissed or the person is acquitted of the charges upon which the suspension or revocation is based. (B) If during the period of suspension or revocation under subdivision (b)(1)(A) of this section the person commits an additional violation of § 5-65-103 , he or she is also required to complete an approved alcohol education program or alcohol treatment program for each additional violation, unless: (i) The additional charges are dismissed; or (ii) He or she is acquitted of the additional charges.

(A) A person whose driving privilege is suspended or revoked under this section is required to complete an alcohol education program or an alcohol treatment program as approved by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services unless the charges are dismissed or the person is acquitted of the charges upon which the suspension or revocation is based.

(B) If during the period of suspension or revocation under subdivision (b)(1)(A) of this section the person commits an additional violation of § 5-65-103 , he or she is also required to complete an approved alcohol education program or alcohol treatment program for each additional violation, unless: (i) The additional charges are dismissed; or (ii) He or she is acquitted of the additional charges.

(i) The additional charges are dismissed; or

(ii) He or she is acquitted of the additional charges.

(2) A person whose driving privilege is suspended or revoked under this section shall furnish proof of: (A) Attendance at and completion of the alcohol education program or the alcohol treatment program required under subdivision (b)(1) of this section before reinstatement of his or her suspended or revoked driving privilege; or (B) Dismissal or acquittal of the charge on which the suspension or revocation is based.

(A) Attendance at and completion of the alcohol education program or the alcohol treatment program required under subdivision (b)(1) of this section before reinstatement of his or her suspended or revoked driving privilege; or

(B) Dismissal or acquittal of the charge on which the suspension or revocation is based.

(3) Even if a person has filed a de novo petition for review under former subsection (c) of this section, the person is entitled to reinstatement of driving privileges upon complying with this subsection and is not required to postpone reinstatement until the disposition of the de novo review in circuit court has occurred.

Amended by Act 2017, No. 1094,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 913,§ 18, eff. 8/1/2017.

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

Amended by Act 2013, No. 479,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 479,§ 1, eff. 8/16/2013.

Acts 1983, No. 549, § 13; 1985, No. 113, § 1; 1985, No. 1064, § 1; A.S.A. 1947, § 75-2511; Acts 1989, No. 368, § 1; 1989, No. 621, § 1; 1993, No. 736, § 1; 1995, No. 802, § 1; 1997, No. 830, § 1; 1997, No. 1325, § 2; 1999, No. 1077, § 9; 1999, No. 1468, § 1; 1999, No. 1508, § 7; 2001, No. 561, §§ 3-5; No. 1501, § 1; 2003, No. 541, § 1; 2003, No. 1036, § 1; 2003, No. 1462, § 1; 2003, No. 1779, § 1; 2005, No. 1234, § 3; 2005, No. 1768, § 1; 2007, No. 712, § 1; 2007, No. 827, § 75; 2007, No. 1196, § 1; 2009, No. 359, §§ 1--3; 2009, No. 650, § 2; 2009, No. 922, § 1; 2009, No. 1293, § 1.
Ark. Code Ann. § 5-14-132 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-132
Registered offender prohibited from entering upon school campus - Exception
Status: in_force

(a) As used in this section: (1) "Campus" means the real property, a building, or any other improvement in this state owned, leased, rented, or controlled by or for the operation of a public school; (2) "Private school" means a school offering instruction for a grade in kindergarten through grade twelve (K-12) in this state that is not a public school; and (3) "Public school" means any school in this state that is: (A) A public school operated by a public school district; (B) A charter school established under the Public School Funding Act of 2003, § 6-20-2301 et seq.; (C) A state-funded prekindergarten program operated by a public school or an education service cooperative; (D) The Arkansas School for the Blind; (E) The Arkansas School for the Deaf; (F) The Arkansas School for Mathematics, Sciences, and the Arts; (G) An educational facility of the Division of Youth Services or contracting with the Division of Youth Services; or (H) An educational facility of the Division of Developmental Disabilities Services. (b) It is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly enter upon the campus of a public school. (c) It is not a violation of this section if the sex offender: (1) Is under twenty-two (22) years of age and is a student enrolled in a kindergarten through grade twelve (K-12) program; (2) Enters upon the campus for the purpose of attending a graduation ceremony or a baccalaureate ceremony; (3) Enters upon the campus on a day that is not designated a student contact day by the public school's calendar or on a day in which no school-sponsored event is taking place upon the campus; (4) Is the parent or guardian of a student enrolled in a public school and enters upon the campus where the student is enrolled for the purpose of: (A) Delivering to the student medicine, food, or personal items if the medicine, food, or personal items are delivered directly to the public school's office; or (B) Attending a scheduled parent-teacher conference if the sex offender is escorted to and from the scheduled parent-teacher conference by a designated public school official or employee; (5) Has been assessed as a Level 3 offender and enters upon the campus for the purpose of attending a school-sponsored event for which an admission fee is charged or tickets are sold or distributed if the sex offender: (A) (i) Is the parent or guardian of, is related by blood or marriage within the second degree of consanguinity to, or is a great-grandparent of a student enrolled in the public school. (ii) The degree of consanguinity is computed under § 28-9-212 ; and (B) Notifies the administration of the school in writing at least twenty-four (24) hours before the start of the school-sponsored event for which an admission fee is charged or tickets are sold or distributed that he or she will be attending the school-sponsored event for which an admission fee is charged or tickets are sold or distributed; or (6) Has been committed to the Division of Youth Services and attends a public school operated by the Division of Youth Services. (d) (1) A sex offender who is the parent or guardian of a student enrolled in a public school and wishes to enter upon the campus where the student is enrolled for any other purpose shall give reasonable notice to the public school principal or his or her designee. (2) (A) The public school principal or his or her designee may allow the parent or guardian sex offender to enter upon the campus so long as there is a designated public school official or employee available to escort and supervise the parent or guardian sex offender while he or she remains on campus. (B) If a designated public school official or employee is not available at the time the parent or guardian sex offender wishes to enter upon the campus, the parent or guardian sex offender shall not enter upon the campus until he or she is notified that a designated public school official or employee is available. (e) Upon conviction, any sex offender who violates this section is guilty of a Class D felony. (f) It is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly enter upon the campus of a private school without: (1) Notifying the private school; and (2) Subsequently complying with any terms or conditions the private school requires before the sex offender is permitted to enter onto the campus. Amended by Act 2021, No. 466,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 187,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 909,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 909,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 267,§ 1, eff. 8/1/2017. Acts 2007, No. 992, § 1; 2009, No. 748, § 15.

(a) As used in this section: (1) "Campus" means the real property, a building, or any other improvement in this state owned, leased, rented, or controlled by or for the operation of a public school; (2) "Private school" means a school offering instruction for a grade in kindergarten through grade twelve (K-12) in this state that is not a public school; and (3) "Public school" means any school in this state that is: (A) A public school operated by a public school district; (B) A charter school established under the Public School Funding Act of 2003, § 6-20-2301 et seq.; (C) A state-funded prekindergarten program operated by a public school or an education service cooperative; (D) The Arkansas School for the Blind; (E) The Arkansas School for the Deaf; (F) The Arkansas School for Mathematics, Sciences, and the Arts; (G) An educational facility of the Division of Youth Services or contracting with the Division of Youth Services; or (H) An educational facility of the Division of Developmental Disabilities Services.

(1) "Campus" means the real property, a building, or any other improvement in this state owned, leased, rented, or controlled by or for the operation of a public school;

(2) "Private school" means a school offering instruction for a grade in kindergarten through grade twelve (K-12) in this state that is not a public school; and

(3) "Public school" means any school in this state that is: (A) A public school operated by a public school district; (B) A charter school established under the Public School Funding Act of 2003, § 6-20-2301 et seq.; (C) A state-funded prekindergarten program operated by a public school or an education service cooperative; (D) The Arkansas School for the Blind; (E) The Arkansas School for the Deaf; (F) The Arkansas School for Mathematics, Sciences, and the Arts; (G) An educational facility of the Division of Youth Services or contracting with the Division of Youth Services; or (H) An educational facility of the Division of Developmental Disabilities Services.

(A) A public school operated by a public school district;

(B) A charter school established under the Public School Funding Act of 2003, § 6-20-2301 et seq.;

(C) A state-funded prekindergarten program operated by a public school or an education service cooperative;

(D) The Arkansas School for the Blind;

(E) The Arkansas School for the Deaf;

(F) The Arkansas School for Mathematics, Sciences, and the Arts;

(G) An educational facility of the Division of Youth Services or contracting with the Division of Youth Services; or

(H) An educational facility of the Division of Developmental Disabilities Services.

(b) It is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly enter upon the campus of a public school.

(c) It is not a violation of this section if the sex offender: (1) Is under twenty-two (22) years of age and is a student enrolled in a kindergarten through grade twelve (K-12) program; (2) Enters upon the campus for the purpose of attending a graduation ceremony or a baccalaureate ceremony; (3) Enters upon the campus on a day that is not designated a student contact day by the public school's calendar or on a day in which no school-sponsored event is taking place upon the campus; (4) Is the parent or guardian of a student enrolled in a public school and enters upon the campus where the student is enrolled for the purpose of: (A) Delivering to the student medicine, food, or personal items if the medicine, food, or personal items are delivered directly to the public school's office; or (B) Attending a scheduled parent-teacher conference if the sex offender is escorted to and from the scheduled parent-teacher conference by a designated public school official or employee; (5) Has been assessed as a Level 3 offender and enters upon the campus for the purpose of attending a school-sponsored event for which an admission fee is charged or tickets are sold or distributed if the sex offender: (A) (i) Is the parent or guardian of, is related by blood or marriage within the second degree of consanguinity to, or is a great-grandparent of a student enrolled in the public school. (ii) The degree of consanguinity is computed under § 28-9-212 ; and (B) Notifies the administration of the school in writing at least twenty-four (24) hours before the start of the school-sponsored event for which an admission fee is charged or tickets are sold or distributed that he or she will be attending the school-sponsored event for which an admission fee is charged or tickets are sold or distributed; or (6) Has been committed to the Division of Youth Services and attends a public school operated by the Division of Youth Services.

(1) Is under twenty-two (22) years of age and is a student enrolled in a kindergarten through grade twelve (K-12) program;

(2) Enters upon the campus for the purpose of attending a graduation ceremony or a baccalaureate ceremony;

(3) Enters upon the campus on a day that is not designated a student contact day by the public school's calendar or on a day in which no school-sponsored event is taking place upon the campus;

(4) Is the parent or guardian of a student enrolled in a public school and enters upon the campus where the student is enrolled for the purpose of: (A) Delivering to the student medicine, food, or personal items if the medicine, food, or personal items are delivered directly to the public school's office; or (B) Attending a scheduled parent-teacher conference if the sex offender is escorted to and from the scheduled parent-teacher conference by a designated public school official or employee;

(A) Delivering to the student medicine, food, or personal items if the medicine, food, or personal items are delivered directly to the public school's office; or

(B) Attending a scheduled parent-teacher conference if the sex offender is escorted to and from the scheduled parent-teacher conference by a designated public school official or employee;

(5) Has been assessed as a Level 3 offender and enters upon the campus for the purpose of attending a school-sponsored event for which an admission fee is charged or tickets are sold or distributed if the sex offender: (A) (i) Is the parent or guardian of, is related by blood or marriage within the second degree of consanguinity to, or is a great-grandparent of a student enrolled in the public school. (ii) The degree of consanguinity is computed under § 28-9-212 ; and (B) Notifies the administration of the school in writing at least twenty-four (24) hours before the start of the school-sponsored event for which an admission fee is charged or tickets are sold or distributed that he or she will be attending the school-sponsored event for which an admission fee is charged or tickets are sold or distributed; or

(A) (i) Is the parent or guardian of, is related by blood or marriage within the second degree of consanguinity to, or is a great-grandparent of a student enrolled in the public school. (ii) The degree of consanguinity is computed under § 28-9-212 ; and

(i) Is the parent or guardian of, is related by blood or marriage within the second degree of consanguinity to, or is a great-grandparent of a student enrolled in the public school.

(ii) The degree of consanguinity is computed under § 28-9-212 ; and

(B) Notifies the administration of the school in writing at least twenty-four (24) hours before the start of the school-sponsored event for which an admission fee is charged or tickets are sold or distributed that he or she will be attending the school-sponsored event for which an admission fee is charged or tickets are sold or distributed; or

(6) Has been committed to the Division of Youth Services and attends a public school operated by the Division of Youth Services.

(d) (1) A sex offender who is the parent or guardian of a student enrolled in a public school and wishes to enter upon the campus where the student is enrolled for any other purpose shall give reasonable notice to the public school principal or his or her designee. (2) (A) The public school principal or his or her designee may allow the parent or guardian sex offender to enter upon the campus so long as there is a designated public school official or employee available to escort and supervise the parent or guardian sex offender while he or she remains on campus. (B) If a designated public school official or employee is not available at the time the parent or guardian sex offender wishes to enter upon the campus, the parent or guardian sex offender shall not enter upon the campus until he or she is notified that a designated public school official or employee is available.

(1) A sex offender who is the parent or guardian of a student enrolled in a public school and wishes to enter upon the campus where the student is enrolled for any other purpose shall give reasonable notice to the public school principal or his or her designee.

(2) (A) The public school principal or his or her designee may allow the parent or guardian sex offender to enter upon the campus so long as there is a designated public school official or employee available to escort and supervise the parent or guardian sex offender while he or she remains on campus. (B) If a designated public school official or employee is not available at the time the parent or guardian sex offender wishes to enter upon the campus, the parent or guardian sex offender shall not enter upon the campus until he or she is notified that a designated public school official or employee is available.

(A) The public school principal or his or her designee may allow the parent or guardian sex offender to enter upon the campus so long as there is a designated public school official or employee available to escort and supervise the parent or guardian sex offender while he or she remains on campus.

(B) If a designated public school official or employee is not available at the time the parent or guardian sex offender wishes to enter upon the campus, the parent or guardian sex offender shall not enter upon the campus until he or she is notified that a designated public school official or employee is available.

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

(f) It is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly enter upon the campus of a private school without: (1) Notifying the private school; and (2) Subsequently complying with any terms or conditions the private school requires before the sex offender is permitted to enter onto the campus.

(1) Notifying the private school; and

(2) Subsequently complying with any terms or conditions the private school requires before the sex offender is permitted to enter onto the campus.

Amended by Act 2021, No. 466,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 187,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 909,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 909,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 267,§ 1, eff. 8/1/2017.

Acts 2007, No. 992, § 1; 2009, No. 748, § 15.
Ark. Code Ann. § 5-55-106 — AR Code / Title 5 / Chapter 55 / Subchapter 1 / Section 5-55-106
Investigation by Attorney General
Status: in_force

The office of the Attorney General is the entity to which a case of suspected Medicaid fraud shall be referred by the Arkansas Medicaid Program or its fiscal agents for the purposes of investigation, civil action, or referral to the prosecuting attorney having criminal jurisdiction in the matter. Acts 1979, No. 823, § 9; A.S.A. 1947, § 41-4409; Acts 1995, No. 894, § 2.

The office of the Attorney General is the entity to which a case of suspected Medicaid fraud shall be referred by the Arkansas Medicaid Program or its fiscal agents for the purposes of investigation, civil action, or referral to the prosecuting attorney having criminal jurisdiction in the matter.

Acts 1979, No. 823, § 9; A.S.A. 1947, § 41-4409; Acts 1995, No. 894, § 2.
Ark. Code Ann. § 5-14-110 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-110
Sexual indecency with a child
Status: in_force

(a) A person commits sexual indecency with a child if: (1) Being eighteen (18) years of age or older, the person solicits another person who is less than fifteen (15) years of age or who is represented to be less than fifteen (15) years of age to engage in: (A) Sexual intercourse; (B) Deviate sexual activity; or (C) Sexual contact; (2) (A) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of another person, the person purposely exposes his or her sex organs to another person who is less than fifteen (15) years of age. (B) It is an affirmative defense to a prosecution under subdivision (a)(2)(A) of this section if the person is within three (3) years of age of the victim; (3) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of another person, the person purposely exposes his or her sex organs to a minor, and the actor is: (A) Employed with the Division of Correction, Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; (B) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (C) The minor's parent or guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust and authority over the minor; (4) With the purpose to arouse or gratify his or her sexual desire or a sexual desire of another person, the person, being eighteen (18) years of age or older, causes or coerces a minor to expose his or her sex organs to the actor or another person, and the actor is: (A) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; (B) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason; (C) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (D) The minor's parent or guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor; (5) Being eighteen (18) years of age or older, the person causes or coerces another person who is less than fourteen (14) years of age to expose his or her sex organs or the breast of a female with the purpose to arouse or gratify a sexual desire of the actor or another person; or (6) (A) Being eighteen (18) years of age or older, the person, for the purpose of arousing or gratifying a sexual desire of himself or herself or any other person, enters into or remains in a public changing facility that is assigned to persons of the opposite sex while knowing a minor of the opposite sex is present in the public changing facility. (B) Subdivision (6)(A) of this section does not apply to a person entering into or remaining in a public changing facility: (i) With a minor under seven (7) years of age if the person is the minor's parent, guardian, or family member, or is otherwise authorized to care for the minor; (ii) For maintenance or inspection purposes if the person is authorized to conduct maintenance or inspection of the public changing facility; (iii) To render medical assistance; (iv) To accompany a person needing assistance when the actor is the parent, guardian, or family member, or is otherwise authorized to care for the person needing assistance; (v) To provide assistance in using the public changing facility; (vi) If the public changing facility has been temporarily designated for use by persons of the same sex as the person entering into or remaining in the public changing facility; or (vii) Who is a certified law enforcement or corrections officer accompanying a person of the opposite sex in his or her custody. (b) Sexual indecency with a child is a: (1) Class D felony under subdivisions (a)(1)-(5) of this section; and (2) Class C misdemeanor under subdivision (a)(6) of this section. (c) As used in this section: (1) "Sex" means a person's immutable biological sex as objectively determined by anatomy and genetics existing at the time of birth; and (2) (A) "Public changing facility" means a public or private facility that is held out as open to the public and designed to be used at a time during which a person may be in a state of undress in the presence of other persons. (B) "Public changing facility" includes without limitation a restroom, bathroom, locker room, or shower room. (C) "Public changing facility" does not include a private dressing area open to the public that is designed for changing into and out of clothing that is for sale in a commercial establishment that engages in the sale of clothing. Amended by Act 2023, No. 659,§ 30, eff. 1/1/2024. Amended by Act 2023, No. 619,§ 6, eff. 8/1/2023. Amended by Act 2023, No. 619,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 619,§ 4, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 669, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 668, eff. 7/1/2019. Amended by Act 2017, No. 418,§ 1, eff. 8/1/2017. Amended by Act 2016EX3, No. 19,§ 1, eff. 5/23/2016. Amended by Act 2016EX3, No. 18,§ 1, eff. 5/23/2016. Acts 1975, No. 280, § 1810; A.S.A. 1947, § 41-1810; Acts 1995, No. 550, § 1; 2001, No. 1821, § 1; 2005, No. 1993, § 1; 2007, No. 531, § 1; 2009, No. 748, § 9; 2009, No. 758, § 1.

(a) A person commits sexual indecency with a child if: (1) Being eighteen (18) years of age or older, the person solicits another person who is less than fifteen (15) years of age or who is represented to be less than fifteen (15) years of age to engage in: (A) Sexual intercourse; (B) Deviate sexual activity; or (C) Sexual contact; (2) (A) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of another person, the person purposely exposes his or her sex organs to another person who is less than fifteen (15) years of age. (B) It is an affirmative defense to a prosecution under subdivision (a)(2)(A) of this section if the person is within three (3) years of age of the victim; (3) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of another person, the person purposely exposes his or her sex organs to a minor, and the actor is: (A) Employed with the Division of Correction, Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; (B) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (C) The minor's parent or guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust and authority over the minor; (4) With the purpose to arouse or gratify his or her sexual desire or a sexual desire of another person, the person, being eighteen (18) years of age or older, causes or coerces a minor to expose his or her sex organs to the actor or another person, and the actor is: (A) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; (B) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason; (C) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (D) The minor's parent or guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor; (5) Being eighteen (18) years of age or older, the person causes or coerces another person who is less than fourteen (14) years of age to expose his or her sex organs or the breast of a female with the purpose to arouse or gratify a sexual desire of the actor or another person; or (6) (A) Being eighteen (18) years of age or older, the person, for the purpose of arousing or gratifying a sexual desire of himself or herself or any other person, enters into or remains in a public changing facility that is assigned to persons of the opposite sex while knowing a minor of the opposite sex is present in the public changing facility. (B) Subdivision (6)(A) of this section does not apply to a person entering into or remaining in a public changing facility: (i) With a minor under seven (7) years of age if the person is the minor's parent, guardian, or family member, or is otherwise authorized to care for the minor; (ii) For maintenance or inspection purposes if the person is authorized to conduct maintenance or inspection of the public changing facility; (iii) To render medical assistance; (iv) To accompany a person needing assistance when the actor is the parent, guardian, or family member, or is otherwise authorized to care for the person needing assistance; (v) To provide assistance in using the public changing facility; (vi) If the public changing facility has been temporarily designated for use by persons of the same sex as the person entering into or remaining in the public changing facility; or (vii) Who is a certified law enforcement or corrections officer accompanying a person of the opposite sex in his or her custody.

(1) Being eighteen (18) years of age or older, the person solicits another person who is less than fifteen (15) years of age or who is represented to be less than fifteen (15) years of age to engage in: (A) Sexual intercourse; (B) Deviate sexual activity; or (C) Sexual contact;

(A) Sexual intercourse;

(B) Deviate sexual activity; or

(C) Sexual contact;

(2) (A) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of another person, the person purposely exposes his or her sex organs to another person who is less than fifteen (15) years of age. (B) It is an affirmative defense to a prosecution under subdivision (a)(2)(A) of this section if the person is within three (3) years of age of the victim;

(A) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of another person, the person purposely exposes his or her sex organs to another person who is less than fifteen (15) years of age.

(B) It is an affirmative defense to a prosecution under subdivision (a)(2)(A) of this section if the person is within three (3) years of age of the victim;

(3) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of another person, the person purposely exposes his or her sex organs to a minor, and the actor is: (A) Employed with the Division of Correction, Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; (B) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (C) The minor's parent or guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust and authority over the minor;

(A) Employed with the Division of Correction, Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;

(B) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or

(C) The minor's parent or guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust and authority over the minor;

(4) With the purpose to arouse or gratify his or her sexual desire or a sexual desire of another person, the person, being eighteen (18) years of age or older, causes or coerces a minor to expose his or her sex organs to the actor or another person, and the actor is: (A) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; (B) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason; (C) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (D) The minor's parent or guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor;

(A) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;

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

(C) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or

(D) The minor's parent or guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor;

(5) Being eighteen (18) years of age or older, the person causes or coerces another person who is less than fourteen (14) years of age to expose his or her sex organs or the breast of a female with the purpose to arouse or gratify a sexual desire of the actor or another person; or

(6) (A) Being eighteen (18) years of age or older, the person, for the purpose of arousing or gratifying a sexual desire of himself or herself or any other person, enters into or remains in a public changing facility that is assigned to persons of the opposite sex while knowing a minor of the opposite sex is present in the public changing facility. (B) Subdivision (6)(A) of this section does not apply to a person entering into or remaining in a public changing facility: (i) With a minor under seven (7) years of age if the person is the minor's parent, guardian, or family member, or is otherwise authorized to care for the minor; (ii) For maintenance or inspection purposes if the person is authorized to conduct maintenance or inspection of the public changing facility; (iii) To render medical assistance; (iv) To accompany a person needing assistance when the actor is the parent, guardian, or family member, or is otherwise authorized to care for the person needing assistance; (v) To provide assistance in using the public changing facility; (vi) If the public changing facility has been temporarily designated for use by persons of the same sex as the person entering into or remaining in the public changing facility; or (vii) Who is a certified law enforcement or corrections officer accompanying a person of the opposite sex in his or her custody.

(A) Being eighteen (18) years of age or older, the person, for the purpose of arousing or gratifying a sexual desire of himself or herself or any other person, enters into or remains in a public changing facility that is assigned to persons of the opposite sex while knowing a minor of the opposite sex is present in the public changing facility.

(B) Subdivision (6)(A) of this section does not apply to a person entering into or remaining in a public changing facility: (i) With a minor under seven (7) years of age if the person is the minor's parent, guardian, or family member, or is otherwise authorized to care for the minor; (ii) For maintenance or inspection purposes if the person is authorized to conduct maintenance or inspection of the public changing facility; (iii) To render medical assistance; (iv) To accompany a person needing assistance when the actor is the parent, guardian, or family member, or is otherwise authorized to care for the person needing assistance; (v) To provide assistance in using the public changing facility; (vi) If the public changing facility has been temporarily designated for use by persons of the same sex as the person entering into or remaining in the public changing facility; or (vii) Who is a certified law enforcement or corrections officer accompanying a person of the opposite sex in his or her custody.

(i) With a minor under seven (7) years of age if the person is the minor's parent, guardian, or family member, or is otherwise authorized to care for the minor;

(ii) For maintenance or inspection purposes if the person is authorized to conduct maintenance or inspection of the public changing facility;

(iii) To render medical assistance;

(iv) To accompany a person needing assistance when the actor is the parent, guardian, or family member, or is otherwise authorized to care for the person needing assistance;

(v) To provide assistance in using the public changing facility;

(vi) If the public changing facility has been temporarily designated for use by persons of the same sex as the person entering into or remaining in the public changing facility; or

(vii) Who is a certified law enforcement or corrections officer accompanying a person of the opposite sex in his or her custody.

(b) Sexual indecency with a child is a: (1) Class D felony under subdivisions (a)(1)-(5) of this section; and (2) Class C misdemeanor under subdivision (a)(6) of this section.

(1) Class D felony under subdivisions (a)(1)-(5) of this section; and

(2) Class C misdemeanor under subdivision (a)(6) of this section.

(c) As used in this section: (1) "Sex" means a person's immutable biological sex as objectively determined by anatomy and genetics existing at the time of birth; and (2) (A) "Public changing facility" means a public or private facility that is held out as open to the public and designed to be used at a time during which a person may be in a state of undress in the presence of other persons. (B) "Public changing facility" includes without limitation a restroom, bathroom, locker room, or shower room. (C) "Public changing facility" does not include a private dressing area open to the public that is designed for changing into and out of clothing that is for sale in a commercial establishment that engages in the sale of clothing.

(1) "Sex" means a person's immutable biological sex as objectively determined by anatomy and genetics existing at the time of birth; and

(2) (A) "Public changing facility" means a public or private facility that is held out as open to the public and designed to be used at a time during which a person may be in a state of undress in the presence of other persons. (B) "Public changing facility" includes without limitation a restroom, bathroom, locker room, or shower room. (C) "Public changing facility" does not include a private dressing area open to the public that is designed for changing into and out of clothing that is for sale in a commercial establishment that engages in the sale of clothing.

(A) "Public changing facility" means a public or private facility that is held out as open to the public and designed to be used at a time during which a person may be in a state of undress in the presence of other persons.

(B) "Public changing facility" includes without limitation a restroom, bathroom, locker room, or shower room.

(C) "Public changing facility" does not include a private dressing area open to the public that is designed for changing into and out of clothing that is for sale in a commercial establishment that engages in the sale of clothing.

Amended by Act 2023, No. 659,§ 30, eff. 1/1/2024.

Amended by Act 2023, No. 619,§ 6, eff. 8/1/2023.

Amended by Act 2023, No. 619,§ 5, eff. 8/1/2023.

Amended by Act 2023, No. 619,§ 4, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 669, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 668, eff. 7/1/2019.

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

Amended by Act 2016EX3, No. 19,§ 1, eff. 5/23/2016.

Amended by Act 2016EX3, No. 18,§ 1, eff. 5/23/2016.

Acts 1975, No. 280, § 1810; A.S.A. 1947, § 41-1810; Acts 1995, No. 550, § 1; 2001, No. 1821, § 1; 2005, No. 1993, § 1; 2007, No. 531, § 1; 2009, No. 748, § 9; 2009, No. 758, § 1.
Ark. Code Ann. § 5-38-301 — AR Code / Title 5 / Chapter 38 / Subchapter 3 / Section 5-38-301
Arson
Status: in_force

(a) A person commits arson if he or she: (1) Starts a fire or causes an explosion with the purpose of destroying or otherwise damaging: (A) An occupiable structure or motor vehicle that is the property of another person; (B) Any property, whether his or her own or property of another person, for the purpose of collecting any insurance for the property; (C) Any property, whether his or her own or property of another person, if the act thereby negligently creates a risk of death or serious physical injury to any person; (D) A vital public facility; (E) Any dedicated church property used as a place of worship exempt from taxes pursuant to § 26-3-301 ; (F) Any public building or occupiable structure that is either owned or leased by the state or any political subdivision of the state; or (G) An area of real property being used for the commercial growth of timber or other agricultural product, if: (i) Timber or other agricultural product is destroyed or made commercially nonviable; and (ii) The value of the destroyed or commercially nonviable timber or other agricultural product is more than five thousand dollars ($5,000); or (2) Recklessly causes a fire or an explosion in the course of and in furtherance of a felony or in immediate flight after committing a felony that results in destroying or otherwise damaging: (A) Any occupiable structure or motor vehicle; (B) Any property, if the fire or explosion creates a risk of death or serious physical injury to any person; (C) A vital public facility; (D) Any dedicated church property used as a place of worship exempt from taxes pursuant to § 26-3-301 ; or (E) Any public building or occupiable structure that is either owned or leased by the state or any political subdivision of the state. (b) Arson is a: (1) Class A misdemeanor if the property sustains less than five hundred dollars ($500) worth of damage; (2) Class D felony if the property sustains at least five hundred dollars ($500) but less than two thousand five hundred dollars ($2,500) worth of damage; (3) Class C felony if the property sustains at least two thousand five hundred dollars ($2,500) but less than five thousand dollars ($5,000) worth of damage; (4) Class B felony if: (A) The property sustains at least five thousand dollars ($5,000) but less than fifteen thousand dollars ($15,000) worth of damage; or (B) The arson is under subdivision (a)(1)(G) of this section; (5) Class A felony if the property sustains at least fifteen thousand dollars ($15,000) but less than one hundred thousand dollars ($100,000) worth of damage; or (6) Class Y felony if the property sustains damage in an amount of at least one hundred thousand dollars ($100,000). (c) As used in this section, "motor vehicle" means every self-propelled device in, upon, or by which any person or property is, or may be, transported or drawn upon a street or highway. (d) (1) (A) If the Governor deems it necessary, he or she may offer a reward not to exceed fifty thousand dollars ($50,000) for information leading to the apprehension, arrest, and conviction of a person who has committed, attempted to commit, or conspired to commit a criminal offense under this section. (B) The fifty-thousand-dollar reward maximum imposed by this section only applies to state-appropriated funds. (C) The Governor may increase the amount of any reward offered by use of funds from the Reward Pool Fund created in this section. (2) When the Governor offers a reward pursuant to this section, he or she may place any reasonable condition upon collection of the reward as he or she deems necessary. (3) (A) The Governor may establish and administer a fund to be known as the "Reward Pool Fund". (B) Any monetary donation or gift made by a private citizen or corporation for the purpose of offering a reward or enhancing a state-funded reward offered for information leading to the apprehension, arrest, and conviction of a person who has committed, attempted to commit, or conspired to commit a criminal offense under this section shall be deposited into the fund. (C) (i) The Governor shall have the sole discretion to determine if and how much of the fund is offered in a particular criminal case. (ii) However, if the donor places any lawful restriction or instruction on use of the donation at the time it is given, the restriction or instruction shall be honored. (4) Any person completing the requirements to be eligible for the reward is entitled to the reward offered by the Governor, and the Governor shall certify the amount of the reward to the Auditor of State, who shall issue his or her warrant on the State Treasury for the reward, to be paid out of any money appropriated or deposited into the fund. Amended by Act 2017, No. 630,§ 2, eff. 8/1/2017. Acts 1975, No. 280, § 1902; 1981, No. 544, § 1; A.S.A. 1947, § 41-1902; Acts 1987, No. 242, § 1; 1991, No. 299, § 1; 1997, No. 921, § 1; 2005, No. 1529, § 1; 2007, No. 827, § 42.

(a) A person commits arson if he or she: (1) Starts a fire or causes an explosion with the purpose of destroying or otherwise damaging: (A) An occupiable structure or motor vehicle that is the property of another person; (B) Any property, whether his or her own or property of another person, for the purpose of collecting any insurance for the property; (C) Any property, whether his or her own or property of another person, if the act thereby negligently creates a risk of death or serious physical injury to any person; (D) A vital public facility; (E) Any dedicated church property used as a place of worship exempt from taxes pursuant to § 26-3-301 ; (F) Any public building or occupiable structure that is either owned or leased by the state or any political subdivision of the state; or (G) An area of real property being used for the commercial growth of timber or other agricultural product, if: (i) Timber or other agricultural product is destroyed or made commercially nonviable; and (ii) The value of the destroyed or commercially nonviable timber or other agricultural product is more than five thousand dollars ($5,000); or (2) Recklessly causes a fire or an explosion in the course of and in furtherance of a felony or in immediate flight after committing a felony that results in destroying or otherwise damaging: (A) Any occupiable structure or motor vehicle; (B) Any property, if the fire or explosion creates a risk of death or serious physical injury to any person; (C) A vital public facility; (D) Any dedicated church property used as a place of worship exempt from taxes pursuant to § 26-3-301 ; or (E) Any public building or occupiable structure that is either owned or leased by the state or any political subdivision of the state.

(1) Starts a fire or causes an explosion with the purpose of destroying or otherwise damaging: (A) An occupiable structure or motor vehicle that is the property of another person; (B) Any property, whether his or her own or property of another person, for the purpose of collecting any insurance for the property; (C) Any property, whether his or her own or property of another person, if the act thereby negligently creates a risk of death or serious physical injury to any person; (D) A vital public facility; (E) Any dedicated church property used as a place of worship exempt from taxes pursuant to § 26-3-301 ; (F) Any public building or occupiable structure that is either owned or leased by the state or any political subdivision of the state; or (G) An area of real property being used for the commercial growth of timber or other agricultural product, if: (i) Timber or other agricultural product is destroyed or made commercially nonviable; and (ii) The value of the destroyed or commercially nonviable timber or other agricultural product is more than five thousand dollars ($5,000); or

(A) An occupiable structure or motor vehicle that is the property of another person;

(B) Any property, whether his or her own or property of another person, for the purpose of collecting any insurance for the property;

(C) Any property, whether his or her own or property of another person, if the act thereby negligently creates a risk of death or serious physical injury to any person;

(D) A vital public facility;

(E) Any dedicated church property used as a place of worship exempt from taxes pursuant to § 26-3-301 ;

(F) Any public building or occupiable structure that is either owned or leased by the state or any political subdivision of the state; or

(G) An area of real property being used for the commercial growth of timber or other agricultural product, if: (i) Timber or other agricultural product is destroyed or made commercially nonviable; and (ii) The value of the destroyed or commercially nonviable timber or other agricultural product is more than five thousand dollars ($5,000); or

(i) Timber or other agricultural product is destroyed or made commercially nonviable; and

(ii) The value of the destroyed or commercially nonviable timber or other agricultural product is more than five thousand dollars ($5,000); or

(2) Recklessly causes a fire or an explosion in the course of and in furtherance of a felony or in immediate flight after committing a felony that results in destroying or otherwise damaging: (A) Any occupiable structure or motor vehicle; (B) Any property, if the fire or explosion creates a risk of death or serious physical injury to any person; (C) A vital public facility; (D) Any dedicated church property used as a place of worship exempt from taxes pursuant to § 26-3-301 ; or (E) Any public building or occupiable structure that is either owned or leased by the state or any political subdivision of the state.

(A) Any occupiable structure or motor vehicle;

(B) Any property, if the fire or explosion creates a risk of death or serious physical injury to any person;

(C) A vital public facility;

(D) Any dedicated church property used as a place of worship exempt from taxes pursuant to § 26-3-301 ; or

(E) Any public building or occupiable structure that is either owned or leased by the state or any political subdivision of the state.

(b) Arson is a: (1) Class A misdemeanor if the property sustains less than five hundred dollars ($500) worth of damage; (2) Class D felony if the property sustains at least five hundred dollars ($500) but less than two thousand five hundred dollars ($2,500) worth of damage; (3) Class C felony if the property sustains at least two thousand five hundred dollars ($2,500) but less than five thousand dollars ($5,000) worth of damage; (4) Class B felony if: (A) The property sustains at least five thousand dollars ($5,000) but less than fifteen thousand dollars ($15,000) worth of damage; or (B) The arson is under subdivision (a)(1)(G) of this section; (5) Class A felony if the property sustains at least fifteen thousand dollars ($15,000) but less than one hundred thousand dollars ($100,000) worth of damage; or (6) Class Y felony if the property sustains damage in an amount of at least one hundred thousand dollars ($100,000).

(1) Class A misdemeanor if the property sustains less than five hundred dollars ($500) worth of damage;

(2) Class D felony if the property sustains at least five hundred dollars ($500) but less than two thousand five hundred dollars ($2,500) worth of damage;

(3) Class C felony if the property sustains at least two thousand five hundred dollars ($2,500) but less than five thousand dollars ($5,000) worth of damage;

(4) Class B felony if: (A) The property sustains at least five thousand dollars ($5,000) but less than fifteen thousand dollars ($15,000) worth of damage; or (B) The arson is under subdivision (a)(1)(G) of this section;

(A) The property sustains at least five thousand dollars ($5,000) but less than fifteen thousand dollars ($15,000) worth of damage; or

(B) The arson is under subdivision (a)(1)(G) of this section;

(5) Class A felony if the property sustains at least fifteen thousand dollars ($15,000) but less than one hundred thousand dollars ($100,000) worth of damage; or

(6) Class Y felony if the property sustains damage in an amount of at least one hundred thousand dollars ($100,000).

(c) As used in this section, "motor vehicle" means every self-propelled device in, upon, or by which any person or property is, or may be, transported or drawn upon a street or highway.

(d) (1) (A) If the Governor deems it necessary, he or she may offer a reward not to exceed fifty thousand dollars ($50,000) for information leading to the apprehension, arrest, and conviction of a person who has committed, attempted to commit, or conspired to commit a criminal offense under this section. (B) The fifty-thousand-dollar reward maximum imposed by this section only applies to state-appropriated funds. (C) The Governor may increase the amount of any reward offered by use of funds from the Reward Pool Fund created in this section. (2) When the Governor offers a reward pursuant to this section, he or she may place any reasonable condition upon collection of the reward as he or she deems necessary. (3) (A) The Governor may establish and administer a fund to be known as the "Reward Pool Fund". (B) Any monetary donation or gift made by a private citizen or corporation for the purpose of offering a reward or enhancing a state-funded reward offered for information leading to the apprehension, arrest, and conviction of a person who has committed, attempted to commit, or conspired to commit a criminal offense under this section shall be deposited into the fund. (C) (i) The Governor shall have the sole discretion to determine if and how much of the fund is offered in a particular criminal case. (ii) However, if the donor places any lawful restriction or instruction on use of the donation at the time it is given, the restriction or instruction shall be honored. (4) Any person completing the requirements to be eligible for the reward is entitled to the reward offered by the Governor, and the Governor shall certify the amount of the reward to the Auditor of State, who shall issue his or her warrant on the State Treasury for the reward, to be paid out of any money appropriated or deposited into the fund.

(1) (A) If the Governor deems it necessary, he or she may offer a reward not to exceed fifty thousand dollars ($50,000) for information leading to the apprehension, arrest, and conviction of a person who has committed, attempted to commit, or conspired to commit a criminal offense under this section. (B) The fifty-thousand-dollar reward maximum imposed by this section only applies to state-appropriated funds. (C) The Governor may increase the amount of any reward offered by use of funds from the Reward Pool Fund created in this section.

(A) If the Governor deems it necessary, he or she may offer a reward not to exceed fifty thousand dollars ($50,000) for information leading to the apprehension, arrest, and conviction of a person who has committed, attempted to commit, or conspired to commit a criminal offense under this section.

(B) The fifty-thousand-dollar reward maximum imposed by this section only applies to state-appropriated funds.

(C) The Governor may increase the amount of any reward offered by use of funds from the Reward Pool Fund created in this section.

(2) When the Governor offers a reward pursuant to this section, he or she may place any reasonable condition upon collection of the reward as he or she deems necessary.

(3) (A) The Governor may establish and administer a fund to be known as the "Reward Pool Fund". (B) Any monetary donation or gift made by a private citizen or corporation for the purpose of offering a reward or enhancing a state-funded reward offered for information leading to the apprehension, arrest, and conviction of a person who has committed, attempted to commit, or conspired to commit a criminal offense under this section shall be deposited into the fund. (C) (i) The Governor shall have the sole discretion to determine if and how much of the fund is offered in a particular criminal case. (ii) However, if the donor places any lawful restriction or instruction on use of the donation at the time it is given, the restriction or instruction shall be honored.

(A) The Governor may establish and administer a fund to be known as the "Reward Pool Fund".

(B) Any monetary donation or gift made by a private citizen or corporation for the purpose of offering a reward or enhancing a state-funded reward offered for information leading to the apprehension, arrest, and conviction of a person who has committed, attempted to commit, or conspired to commit a criminal offense under this section shall be deposited into the fund.

(C) (i) The Governor shall have the sole discretion to determine if and how much of the fund is offered in a particular criminal case. (ii) However, if the donor places any lawful restriction or instruction on use of the donation at the time it is given, the restriction or instruction shall be honored.

(i) The Governor shall have the sole discretion to determine if and how much of the fund is offered in a particular criminal case.

(ii) However, if the donor places any lawful restriction or instruction on use of the donation at the time it is given, the restriction or instruction shall be honored.

(4) Any person completing the requirements to be eligible for the reward is entitled to the reward offered by the Governor, and the Governor shall certify the amount of the reward to the Auditor of State, who shall issue his or her warrant on the State Treasury for the reward, to be paid out of any money appropriated or deposited into the fund.

Amended by Act 2017, No. 630,§ 2, eff. 8/1/2017.

Acts 1975, No. 280, § 1902; 1981, No. 544, § 1; A.S.A. 1947, § 41-1902; Acts 1987, No. 242, § 1; 1991, No. 299, § 1; 1997, No. 921, § 1; 2005, No. 1529, § 1; 2007, No. 827, § 42.
Ark. Code Ann. § 5-75-106 — AR Code / Title 5 / Chapter 75 / Section 5-75-106
Criminal prosecution - Evidence
Status: in_force

(a) In any criminal prosecution of a person charged with the offense of operating or navigating any aircraft while intoxicated, the amount of alcohol in the defendant's breath or blood at the time or within two (2) hours of the alleged offense, as shown by chemical analysis of the defendant's blood, urine, breath, or other bodily substance gives rise to the following: (1) If there was at that time an alcohol concentration less than four hundredths (0.04) in the defendant's blood, urine, breath, or other bodily substance, it is presumed that the defendant was not under the influence of intoxicating liquor; and (2) If there was at the time an alcohol concentration of four hundredths (0.04) or more in the defendant's blood, urine, breath, or other bodily substance, this fact does not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but this fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. (b) Subsection (a) of this section shall not be construed as limiting the introduction of any other relevant evidence bearing upon the question of whether or not the defendant was intoxicated. (c) The chemical analysis referred to in this section shall be made by a method approved by the State Board of Health. (d) (1) (A) A record or report of a certification, rule, evidence, analysis, or other document pertaining to work performed by the Office of Alcohol Testing of the Department of Health under the authority of this chapter shall be received as competent evidence as to the matters contained in the record or report in a court of this state, subject to the applicable rules of criminal procedure, when duly attested to by the Director of the Office of Alcohol Testing of the Department of Health or an assistant, in the form of an original signature or by certification of a copy. (B) A document described in subdivision (d)(1)(A) of this section is self-authenticating. (2) However, the instrument performing the chemical analysis shall have been duly certified at least one (1) time in the last three (3) months preceding arrest, and the operator of the instrument shall have been properly trained and certified. (3) Nothing in this section is deemed to abrogate a defendant's right of cross-examination of the person who performs the calibration test or check on the instrument, the operator of the instrument, or a representative of the office. (4) The testimony of the appropriate analyst or official may be compelled by the issuance of a proper subpoena ten (10) days prior to the date of the hearing or trial, in which case, the record or report is admissible through the analyst or official, who is subject to cross-examination by the defendant or his or her counsel. Acts 1993, No. 824, § 6; 2001, No. 561, §§ 21, 22; 2007, No. 827, § 106.

(a) In any criminal prosecution of a person charged with the offense of operating or navigating any aircraft while intoxicated, the amount of alcohol in the defendant's breath or blood at the time or within two (2) hours of the alleged offense, as shown by chemical analysis of the defendant's blood, urine, breath, or other bodily substance gives rise to the following: (1) If there was at that time an alcohol concentration less than four hundredths (0.04) in the defendant's blood, urine, breath, or other bodily substance, it is presumed that the defendant was not under the influence of intoxicating liquor; and (2) If there was at the time an alcohol concentration of four hundredths (0.04) or more in the defendant's blood, urine, breath, or other bodily substance, this fact does not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but this fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.

(1) If there was at that time an alcohol concentration less than four hundredths (0.04) in the defendant's blood, urine, breath, or other bodily substance, it is presumed that the defendant was not under the influence of intoxicating liquor; and

(2) If there was at the time an alcohol concentration of four hundredths (0.04) or more in the defendant's blood, urine, breath, or other bodily substance, this fact does not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but this fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.

(b) Subsection (a) of this section shall not be construed as limiting the introduction of any other relevant evidence bearing upon the question of whether or not the defendant was intoxicated.

(c) The chemical analysis referred to in this section shall be made by a method approved by the State Board of Health.

(d) (1) (A) A record or report of a certification, rule, evidence, analysis, or other document pertaining to work performed by the Office of Alcohol Testing of the Department of Health under the authority of this chapter shall be received as competent evidence as to the matters contained in the record or report in a court of this state, subject to the applicable rules of criminal procedure, when duly attested to by the Director of the Office of Alcohol Testing of the Department of Health or an assistant, in the form of an original signature or by certification of a copy. (B) A document described in subdivision (d)(1)(A) of this section is self-authenticating. (2) However, the instrument performing the chemical analysis shall have been duly certified at least one (1) time in the last three (3) months preceding arrest, and the operator of the instrument shall have been properly trained and certified. (3) Nothing in this section is deemed to abrogate a defendant's right of cross-examination of the person who performs the calibration test or check on the instrument, the operator of the instrument, or a representative of the office. (4) The testimony of the appropriate analyst or official may be compelled by the issuance of a proper subpoena ten (10) days prior to the date of the hearing or trial, in which case, the record or report is admissible through the analyst or official, who is subject to cross-examination by the defendant or his or her counsel.

(1) (A) A record or report of a certification, rule, evidence, analysis, or other document pertaining to work performed by the Office of Alcohol Testing of the Department of Health under the authority of this chapter shall be received as competent evidence as to the matters contained in the record or report in a court of this state, subject to the applicable rules of criminal procedure, when duly attested to by the Director of the Office of Alcohol Testing of the Department of Health or an assistant, in the form of an original signature or by certification of a copy. (B) A document described in subdivision (d)(1)(A) of this section is self-authenticating.

(A) A record or report of a certification, rule, evidence, analysis, or other document pertaining to work performed by the Office of Alcohol Testing of the Department of Health under the authority of this chapter shall be received as competent evidence as to the matters contained in the record or report in a court of this state, subject to the applicable rules of criminal procedure, when duly attested to by the Director of the Office of Alcohol Testing of the Department of Health or an assistant, in the form of an original signature or by certification of a copy.

(B) A document described in subdivision (d)(1)(A) of this section is self-authenticating.

(2) However, the instrument performing the chemical analysis shall have been duly certified at least one (1) time in the last three (3) months preceding arrest, and the operator of the instrument shall have been properly trained and certified.

(3) Nothing in this section is deemed to abrogate a defendant's right of cross-examination of the person who performs the calibration test or check on the instrument, the operator of the instrument, or a representative of the office.

(4) The testimony of the appropriate analyst or official may be compelled by the issuance of a proper subpoena ten (10) days prior to the date of the hearing or trial, in which case, the record or report is admissible through the analyst or official, who is subject to cross-examination by the defendant or his or her counsel.

Acts 1993, No. 824, § 6; 2001, No. 561, §§ 21, 22; 2007, No. 827, § 106.