Ark. Code Ann. § 5-41-202 — AR Code / Title 5 / Chapter 41 / Subchapter 2 / Section 5-41-202
Unlawful act regarding a computer
Status: in_force

(a) A person commits an unlawful act regarding a computer if the person knowingly and without authorization: (1) Modifies, damages, destroys, discloses, uses, transfers, conceals, takes, retains possession of, copies, obtains or attempts to obtain access to, permits access to or causes to be accessed, or enters data or a program that exists inside or outside a computer, system, or network; (2) Modifies, destroys, uses, takes, damages, transfers, conceals, copies, retains possession of, obtains or attempts to obtain access to, permits access to or causes to be accessed, equipment or supplies that are used or intended to be used in a computer, system, or network; (3) Destroys, damages, takes, alters, transfers, discloses, conceals, copies, uses, retains possession of, obtains or attempts to obtain access to, permits access to or causes to be accessed, a computer, system, or network; (4) Obtains and discloses, publishes, transfers, or uses a device used to access a computer, system, network, or data; or (5) Introduces, causes to be introduced, or attempts to introduce a computer contaminant into a computer, system, or network. (b) An unlawful act regarding a computer is a: (1) Class A misdemeanor; or (2) Class C felony if the act: (A) Was committed to devise or execute a scheme to defraud or illegally obtain property; (B) Caused damage in excess of five hundred dollars ($500); or (C) Caused an interruption or impairment of a public service, including without limitation a: (i) Governmental operation; (ii) System of public communication or transportation; or (iii) Supply of water, gas, or electricity. Acts 2001, No. 1496, § 2; 2007, No. 827, § 44.

(a) A person commits an unlawful act regarding a computer if the person knowingly and without authorization: (1) Modifies, damages, destroys, discloses, uses, transfers, conceals, takes, retains possession of, copies, obtains or attempts to obtain access to, permits access to or causes to be accessed, or enters data or a program that exists inside or outside a computer, system, or network; (2) Modifies, destroys, uses, takes, damages, transfers, conceals, copies, retains possession of, obtains or attempts to obtain access to, permits access to or causes to be accessed, equipment or supplies that are used or intended to be used in a computer, system, or network; (3) Destroys, damages, takes, alters, transfers, discloses, conceals, copies, uses, retains possession of, obtains or attempts to obtain access to, permits access to or causes to be accessed, a computer, system, or network; (4) Obtains and discloses, publishes, transfers, or uses a device used to access a computer, system, network, or data; or (5) Introduces, causes to be introduced, or attempts to introduce a computer contaminant into a computer, system, or network.

(1) Modifies, damages, destroys, discloses, uses, transfers, conceals, takes, retains possession of, copies, obtains or attempts to obtain access to, permits access to or causes to be accessed, or enters data or a program that exists inside or outside a computer, system, or network;

(2) Modifies, destroys, uses, takes, damages, transfers, conceals, copies, retains possession of, obtains or attempts to obtain access to, permits access to or causes to be accessed, equipment or supplies that are used or intended to be used in a computer, system, or network;

(3) Destroys, damages, takes, alters, transfers, discloses, conceals, copies, uses, retains possession of, obtains or attempts to obtain access to, permits access to or causes to be accessed, a computer, system, or network;

(4) Obtains and discloses, publishes, transfers, or uses a device used to access a computer, system, network, or data; or

(5) Introduces, causes to be introduced, or attempts to introduce a computer contaminant into a computer, system, or network.

(b) An unlawful act regarding a computer is a: (1) Class A misdemeanor; or (2) Class C felony if the act: (A) Was committed to devise or execute a scheme to defraud or illegally obtain property; (B) Caused damage in excess of five hundred dollars ($500); or (C) Caused an interruption or impairment of a public service, including without limitation a: (i) Governmental operation; (ii) System of public communication or transportation; or (iii) Supply of water, gas, or electricity.

(1) Class A misdemeanor; or

(2) Class C felony if the act: (A) Was committed to devise or execute a scheme to defraud or illegally obtain property; (B) Caused damage in excess of five hundred dollars ($500); or (C) Caused an interruption or impairment of a public service, including without limitation a: (i) Governmental operation; (ii) System of public communication or transportation; or (iii) Supply of water, gas, or electricity.

(A) Was committed to devise or execute a scheme to defraud or illegally obtain property;

(B) Caused damage in excess of five hundred dollars ($500); or

(C) Caused an interruption or impairment of a public service, including without limitation a: (i) Governmental operation; (ii) System of public communication or transportation; or (iii) Supply of water, gas, or electricity.

(i) Governmental operation;

(ii) System of public communication or transportation; or

(iii) Supply of water, gas, or electricity.

Acts 2001, No. 1496, § 2; 2007, No. 827, § 44.
Ark. Code Ann. § 5-73-329 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-329
Purpose and construction of subchapter
Status: in_force

(a) The purpose of this subchapter is solely to establish concealed carry licensing for the purpose of providing licensees reciprocity in other states that require a license to carry a concealed handgun in order to carry a concealed handgun. (b) This subchapter does not require a person to obtain a license to carry a concealed handgun in order to carry a concealed handgun in this state. Added by Act 2023, No. 777,§ 1, eff. 8/1/2023.

(a) The purpose of this subchapter is solely to establish concealed carry licensing for the purpose of providing licensees reciprocity in other states that require a license to carry a concealed handgun in order to carry a concealed handgun.

(b) This subchapter does not require a person to obtain a license to carry a concealed handgun in order to carry a concealed handgun in this state.

Added by Act 2023, No. 777,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 5-64-1111 — AR Code / Title 5 / Chapter 64 / Subchapter 11 / Section 5-64-1111
Liability of pharmacy or pharmacist
Status: in_force

(a) A pharmacy in this state is not liable civilly for a sale of ephedrine, pseudoephedrine, or phenylpropanolamine that occurs at another pharmacy in this state. (b) A pharmacy or pharmacist is not civilly liable for a determination made under § 5-64-1103(c) or for any refusal to dispense, sell, transfer, or otherwise furnish ephedrine, pseudoephedrine, or phenylpropanolamine based on a determination of age or identity. Acts 2007, No. 508, § 3; 2011, No. 588, § 5.

(a) A pharmacy in this state is not liable civilly for a sale of ephedrine, pseudoephedrine, or phenylpropanolamine that occurs at another pharmacy in this state.

(b) A pharmacy or pharmacist is not civilly liable for a determination made under § 5-64-1103(c) or for any refusal to dispense, sell, transfer, or otherwise furnish ephedrine, pseudoephedrine, or phenylpropanolamine based on a determination of age or identity.

Acts 2007, No. 508, § 3; 2011, No. 588, § 5.
Ark. Code Ann. § 5-5-301 — AR Code / Title 5 / Chapter 5 / Subchapter 3 / Section 5-5-301
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Contraband property" means property of any nature, including personal property, tangible property, or intangible property. (B) "Contraband property" does not include real property; (2) "Livestock" means: (A) Cattle or swine or a sheep, goat, horse, or mule; and (B) Any carcass, skin, or part of cattle or swine or a sheep, goat, horse, or mule; and (3) "Theft of livestock" means a theft of property: (A) That is classified as a felony violation pursuant to § 5-36-103 ; and (B) In which the property taken was livestock. Acts 1993, No. 1031, § 1.

As used in this subchapter:

(1) (A) "Contraband property" means property of any nature, including personal property, tangible property, or intangible property. (B) "Contraband property" does not include real property;

(A) "Contraband property" means property of any nature, including personal property, tangible property, or intangible property.

(B) "Contraband property" does not include real property;

(2) "Livestock" means: (A) Cattle or swine or a sheep, goat, horse, or mule; and (B) Any carcass, skin, or part of cattle or swine or a sheep, goat, horse, or mule; and

(A) Cattle or swine or a sheep, goat, horse, or mule; and

(B) Any carcass, skin, or part of cattle or swine or a sheep, goat, horse, or mule; and

(3) "Theft of livestock" means a theft of property: (A) That is classified as a felony violation pursuant to § 5-36-103 ; and (B) In which the property taken was livestock.

(A) That is classified as a felony violation pursuant to § 5-36-103 ; and

(B) In which the property taken was livestock.

Acts 1993, No. 1031, § 1.
Ark. Code Ann. § 5-1-115 — AR Code / Title 5 / Chapter 1 / Section 5-1-115
Former prosecutions that are not affirmative defenses
Status: in_force

A former prosecution is not an affirmative defense within the meaning of §§ 5-1-112 - 5-1-114 under any of the following circumstances: (1) The former prosecution was before a court that lacked jurisdiction over the defendant or the offense; (2) The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting official or aggrieved party and with the purpose of avoiding the sentence that might otherwise be imposed; or (3) The former prosecution resulted in a judgment of conviction that was held invalid in a subsequent proceeding on a writ of habeas corpus, coram nobis, or similar process. Acts 1975, No. 280, § 109; A.S.A. 1947, § 41-109.

A former prosecution is not an affirmative defense within the meaning of §§ 5-1-112 - 5-1-114 under any of the following circumstances:

(1) The former prosecution was before a court that lacked jurisdiction over the defendant or the offense;

(2) The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting official or aggrieved party and with the purpose of avoiding the sentence that might otherwise be imposed; or

(3) The former prosecution resulted in a judgment of conviction that was held invalid in a subsequent proceeding on a writ of habeas corpus, coram nobis, or similar process.

Acts 1975, No. 280, § 109; A.S.A. 1947, § 41-109.
Ark. Code Ann. § 5-10-103 — AR Code / Title 5 / Chapter 10 / Section 5-10-103
Murder in the second degree
Status: in_force

(a) A person commits murder in the second degree if: (1) The person knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; or (2) With the purpose of causing serious physical injury to another person, the person causes the death of any person. (b) Murder in the second degree is a Class A felony. Acts 1975, No. 280, § 1503; A.S.A. 1947, § 41-1503; Acts 1989, No. 856, § 3; 2005, No. 1532, § 1.

(a) A person commits murder in the second degree if: (1) The person knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; or (2) With the purpose of causing serious physical injury to another person, the person causes the death of any person.

(1) The person knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; or

(2) With the purpose of causing serious physical injury to another person, the person causes the death of any person.

(b) Murder in the second degree is a Class A felony.

Acts 1975, No. 280, § 1503; A.S.A. 1947, § 41-1503; Acts 1989, No. 856, § 3; 2005, No. 1532, § 1.
Ark. Code Ann. § 5-55-114 — AR Code / Title 5 / Chapter 55 / Subchapter 1 / Section 5-55-114
Special deputy prosecutor
Status: in_force

(a) A prosecuting attorney having jurisdiction over an offense may designate an attorney employed by the office of the Attorney General as a special deputy prosecutor to prosecute any charges related to healthcare fraud or any other charges that may arise from the same factual allegations or may be properly joined under state law. (b) (1) As a special deputy prosecutor, the attorney may issue a subpoena and may administer an oath as provided in § 25-16-705 . (2) The subpoena shall be substantially in the form set forth in § 25-16-705(b) . (c) A special deputy prosecutor appointed and functioning as authorized under this section is entitled to the same immunity granted by law to the prosecuting attorney. (d) (1) Appointment as a special deputy prosecutor does not enable the attorney to receive any additional fees or salary from the state for services provided pursuant to the appointment. (2) Expenses of the special deputy prosecutor and any fees and costs incurred by the special deputy prosecutor in the prosecution of cases as provided in this section are the responsibility of the Attorney General. (e) The prosecuting attorney may revoke the appointment of a special deputy prosecutor at any time. Amended by Act 2017, No. 978,§ 8, eff. 8/1/2017. Acts 1995, No. 894, § 2.

(a) A prosecuting attorney having jurisdiction over an offense may designate an attorney employed by the office of the Attorney General as a special deputy prosecutor to prosecute any charges related to healthcare fraud or any other charges that may arise from the same factual allegations or may be properly joined under state law.

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

(1) As a special deputy prosecutor, the attorney may issue a subpoena and may administer an oath as provided in § 25-16-705 .

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

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

(d) (1) Appointment as a special deputy prosecutor does not enable the attorney to receive any additional fees or salary from the state for services provided pursuant to the appointment. (2) Expenses of the special deputy prosecutor and any fees and costs incurred by the special deputy prosecutor in the prosecution of cases as provided in this section are the responsibility of the Attorney General.

(1) Appointment as a special deputy prosecutor does not enable the attorney to receive any additional fees or salary from the state for services provided pursuant to the appointment.

(2) Expenses of the special deputy prosecutor and any fees and costs incurred by the special deputy prosecutor in the prosecution of cases as provided in this section are the responsibility of the Attorney General.

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

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

Acts 1995, No. 894, § 2.
Ark. Code Ann. § 5-62-123 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-123
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1348,§ 13, eff. 8/16/2013. Init. Meas. 1936, No. 3, § 21, Acts 1937, p. 1384; Pope's Dig., § 3850; A.S.A. 1947, § 43-2156.

Repealed by Act 2013, No. 1348,§ 13, eff. 8/16/2013.

Init. Meas. 1936, No. 3, § 21, Acts 1937, p. 1384; Pope's Dig., § 3850; A.S.A. 1947, § 43-2156.
Ark. Code Ann. § 5-51-204 — AR Code / Title 5 / Chapter 51 / Subchapter 2 / Section 5-51-204
Usurping, overturning, or seizing government
Status: in_force

Any person who conspires with one (1) or more other persons to usurp the government of the state by force or otherwise, to overturn the government of this state, or to seize any department of the government of this state, evidenced by any act or by forcible attempt to accomplish any purpose stated in this section, commits a Class B felony. Acts 1873, No. 15, § 1, p. 22; C. & M. Dig., § 2844; Pope's Dig., § 3571; Acts 1975, No. 928, § 14; A.S.A. 1947, § 41-3955.

Any person who conspires with one (1) or more other persons to usurp the government of the state by force or otherwise, to overturn the government of this state, or to seize any department of the government of this state, evidenced by any act or by forcible attempt to accomplish any purpose stated in this section, commits a Class B felony.

Acts 1873, No. 15, § 1, p. 22; C. & M. Dig., § 2844; Pope's Dig., § 3571; Acts 1975, No. 928, § 14; A.S.A. 1947, § 41-3955.
Ark. Code Ann. § 5-28-102 — AR Code / Title 5 / Chapter 28 / Subchapter 1 / Section 5-28-102
Legislative intent
Status: in_force

The General Assembly recognizes that the state must provide for the detection, correction, and prosecution of the maltreatment of adults. Acts 1983, No. 452, § 2; A.S.A. 1947, § 59-1302; Acts 1995, No. 1338, § 2; 2003, No. 1046, § 2.

The General Assembly recognizes that the state must provide for the detection, correction, and prosecution of the maltreatment of adults.

Acts 1983, No. 452, § 2; A.S.A. 1947, § 59-1302; Acts 1995, No. 1338, § 2; 2003, No. 1046, § 2.
Ark. Code Ann. § 5-68-413 — AR Code / Title 5 / Chapter 68 / Subchapter 4 / Section 5-68-413
Contempt
Status: in_force

Any respondent or any officer, agent, servant, employee, or attorney of the respondent or any person in active concert or participation by contract or arrangement with the respondent, that receives actual notice, by personal service or otherwise, of any injunction or restraining order entered pursuant to § 5-68-412 and that disobeys any provision of the injunction or restraining order is guilty of contempt of court. Acts 1961, No. 261, § 13; A.S.A. 1947, § 41-3574.

Any respondent or any officer, agent, servant, employee, or attorney of the respondent or any person in active concert or participation by contract or arrangement with the respondent, that receives actual notice, by personal service or otherwise, of any injunction or restraining order entered pursuant to § 5-68-412 and that disobeys any provision of the injunction or restraining order is guilty of contempt of court.

Acts 1961, No. 261, § 13; A.S.A. 1947, § 41-3574.
Ark. Code Ann. § 5-68-306 — AR Code / Title 5 / Chapter 68 / Subchapter 3 / Section 5-68-306
Publicly displaying obscene material for advertising purposes
Status: in_force

(a) Except as otherwise provided in § 5-68-308 , a person commits publicly displaying obscene material for advertising purposes if, for advertising purposes, he or she knowingly: (1) Displays publicly or causes to be displayed publicly obscene material; or (2) Permits any display of obscene material on premises owned, rented, or operated by him or her. (b) "Displays publicly" means the exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public thoroughfare or a vehicle on a public thoroughfare. (c) Publicly displaying obscene material for advertising purposes is a Class B misdemeanor. (d) In any prosecution for violation of this section, it is an affirmative defense for the defendant to prove that the public display was: (1) Primarily for artistic purposes or as a public service even though in connection with a commercial venture; or (2) Of nudity, exhibited by a bona fide art, antique, or similar gallery or exhibition and visible in a normal display setting. Acts 1981 (Ex. Sess.), No. 28, § 6; A.S.A. 1947, § 41-3585.5.

(a) Except as otherwise provided in § 5-68-308 , a person commits publicly displaying obscene material for advertising purposes if, for advertising purposes, he or she knowingly: (1) Displays publicly or causes to be displayed publicly obscene material; or (2) Permits any display of obscene material on premises owned, rented, or operated by him or her.

(1) Displays publicly or causes to be displayed publicly obscene material; or

(2) Permits any display of obscene material on premises owned, rented, or operated by him or her.

(b) "Displays publicly" means the exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public thoroughfare or a vehicle on a public thoroughfare.

(c) Publicly displaying obscene material for advertising purposes is a Class B misdemeanor.

(d) In any prosecution for violation of this section, it is an affirmative defense for the defendant to prove that the public display was: (1) Primarily for artistic purposes or as a public service even though in connection with a commercial venture; or (2) Of nudity, exhibited by a bona fide art, antique, or similar gallery or exhibition and visible in a normal display setting.

(1) Primarily for artistic purposes or as a public service even though in connection with a commercial venture; or

(2) Of nudity, exhibited by a bona fide art, antique, or similar gallery or exhibition and visible in a normal display setting.

Acts 1981 (Ex. Sess.), No. 28, § 6; A.S.A. 1947, § 41-3585.5.
Ark. Code Ann. § 5-65-207 — AR Code / Title 5 / Chapter 65 / Subchapter 2 / Section 5-65-207
Alcohol testing devices
Status: in_force

(a) (1) An instrument used to determine the alcohol content of the breath for the purpose of determining if the person was operating a motorboat on the waters of this state or a motor vehicle while intoxicated or with an alcohol concentration of eight hundredths (0.08) or more shall be constructed so that the analysis: (A) Is made automatically when a sample of the person's breath is placed in the instrument; and (B) Does not require adjustment or other action by the person administering the analysis. (2) The instrument shall display digitally the alcohol content on the instrument itself as well as on an automatic printout. (b) A breath analysis made by or through the use of an instrument that does not conform to the requirements of this section is inadmissible in a criminal or civil proceeding. (c) (1) The State Board of Health may adopt appropriate rules to carry out the intent of this section. (2) Only instruments approved by the board as meeting the requirements of this section and its own rules shall be used for making the breath analysis for determining alcohol concentration. (3) (A) The Department of Health may limit by its rules the types or models of testing devices that may be approved for use under this section. (B) The approved types or models shall be specified by manufacturer's name and model. (d) A law enforcement agency that conducts alcohol testing shall comply with this section. Amended by Act 2015, No. 299,§ 11, eff. 7/22/2015. Acts 1985, No. 533, §§ 1-3; A.S.A. 1947, §§ 75-1046.1 -- 75-1046.3; Acts 1989, No. 419, § 1; 2001, No. 561, § 13; 2007, No. 827, § 81.

(a) (1) An instrument used to determine the alcohol content of the breath for the purpose of determining if the person was operating a motorboat on the waters of this state or a motor vehicle while intoxicated or with an alcohol concentration of eight hundredths (0.08) or more shall be constructed so that the analysis: (A) Is made automatically when a sample of the person's breath is placed in the instrument; and (B) Does not require adjustment or other action by the person administering the analysis. (2) The instrument shall display digitally the alcohol content on the instrument itself as well as on an automatic printout.

(1) An instrument used to determine the alcohol content of the breath for the purpose of determining if the person was operating a motorboat on the waters of this state or a motor vehicle while intoxicated or with an alcohol concentration of eight hundredths (0.08) or more shall be constructed so that the analysis: (A) Is made automatically when a sample of the person's breath is placed in the instrument; and (B) Does not require adjustment or other action by the person administering the analysis.

(A) Is made automatically when a sample of the person's breath is placed in the instrument; and

(B) Does not require adjustment or other action by the person administering the analysis.

(2) The instrument shall display digitally the alcohol content on the instrument itself as well as on an automatic printout.

(b) A breath analysis made by or through the use of an instrument that does not conform to the requirements of this section is inadmissible in a criminal or civil proceeding.

(c) (1) The State Board of Health may adopt appropriate rules to carry out the intent of this section. (2) Only instruments approved by the board as meeting the requirements of this section and its own rules shall be used for making the breath analysis for determining alcohol concentration. (3) (A) The Department of Health may limit by its rules the types or models of testing devices that may be approved for use under this section. (B) The approved types or models shall be specified by manufacturer's name and model.

(1) The State Board of Health may adopt appropriate rules to carry out the intent of this section.

(2) Only instruments approved by the board as meeting the requirements of this section and its own rules shall be used for making the breath analysis for determining alcohol concentration.

(3) (A) The Department of Health may limit by its rules the types or models of testing devices that may be approved for use under this section. (B) The approved types or models shall be specified by manufacturer's name and model.

(A) The Department of Health may limit by its rules the types or models of testing devices that may be approved for use under this section.

(B) The approved types or models shall be specified by manufacturer's name and model.

(d) A law enforcement agency that conducts alcohol testing shall comply with this section.

Amended by Act 2015, No. 299,§ 11, eff. 7/22/2015.

Acts 1985, No. 533, §§ 1-3; A.S.A. 1947, §§ 75-1046.1 -- 75-1046.3; Acts 1989, No. 419, § 1; 2001, No. 561, § 13; 2007, No. 827, § 81.
Ark. Code Ann. § 5-71-215 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-215
Defacing or damaging a public building or an object of public respect
Status: in_force

(a) A person commits the offense of defacing or damaging a public building or an object of public respect if he or she purposely: (1) Defaces, mars, vandalizes, destroys, or otherwise damages the State Capitol Building, any building on the State Capitol grounds, any building on the Capitol Mall, any building on the grounds of the Governor's Mansion, or any publicly owned monument, statue, fixture, or landscape on the State Capitol grounds, Capitol Mall, or Governor's Mansion; (2) Defaces, mars, vandalizes, destroys, or otherwise damages any public monument; (3) Defaces, mars, vandalizes, destroys, or otherwise damages a work of art on display in any public place; (4) Defaces, mars, desecrates, vandalizes, destroys, or otherwise damages any place of worship, cemetery, or burial monument; or (5) Removes a broken or unbroken, commercial or rock, grave marker for any reason except for cleaning or repair by a family member, caretaker, or preservation organization. (b) (1) (A) Except as provided in subdivision (b)(1)(B) of this section, defacing or damaging a public building or an object of public respect is a Class A misdemeanor if the value of repairing or replacing the public building or damaged object does not exceed five hundred dollars ($500). (B) Defacing or damaging a public building or an object of public respect is a Class D felony if the value of repairing or replacing the public building or damaged object does not exceed five hundred dollars ($500) and if the object that is defaced, marred, desecrated, vandalized, destroyed, or otherwise damaged is a cemetery or burial monument. (2) (A) Except as provided in subdivision (b)(2)(B) of this section, defacing or damaging a public building or an object of public respect is a Class D felony if the value of repairing or replacing the public building or damaged object exceeds five hundred dollars ($500), but does not exceed two thousand five hundred dollars ($2,500). (B) Defacing or damaging a public building or an object of public respect is a Class C felony if the value of repairing or replacing the public building or damaged object exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500) and if the public building or object that is defaced, marred, desecrated, vandalized, destroyed, or otherwise damaged is a cemetery or burial monument. (3) (A) Except as provided in subdivision (b)(3)(B) of this section, defacing or damaging a public building or an object of public respect is a Class C felony if the value of repairing or replacing the public building or damaged object exceeds two thousand five hundred dollars ($2,500). (B) Defacing or damaging a public building or an object of public respect is a Class B felony if the value of repairing or replacing the public building or damaged object exceeds two thousand five hundred dollars ($2,500) and if the public building or object that is defaced, marred, desecrated, vandalized, destroyed, or otherwise damaged is a cemetery or burial monument. (c) As used in this section, "publicly owned monument" means an object on public land that commemorates a person or persons or an event that has become relevant to a social group as a part of the social group's remembrance of historic times or is part of the social group's cultural heritage due to the object's artistic, historic, social, political, technical, or architectural importance. Amended by Act 2021, No. 713,§ 1, eff. 7/28/2021. Acts 1975, No. 280, § 2916; A.S.A. 1947, § 41-2916; Acts 1993, No. 169, § 1; 2005, No. 2232, § 4; 2007, No. 266, § 1.

(a) A person commits the offense of defacing or damaging a public building or an object of public respect if he or she purposely: (1) Defaces, mars, vandalizes, destroys, or otherwise damages the State Capitol Building, any building on the State Capitol grounds, any building on the Capitol Mall, any building on the grounds of the Governor's Mansion, or any publicly owned monument, statue, fixture, or landscape on the State Capitol grounds, Capitol Mall, or Governor's Mansion; (2) Defaces, mars, vandalizes, destroys, or otherwise damages any public monument; (3) Defaces, mars, vandalizes, destroys, or otherwise damages a work of art on display in any public place; (4) Defaces, mars, desecrates, vandalizes, destroys, or otherwise damages any place of worship, cemetery, or burial monument; or (5) Removes a broken or unbroken, commercial or rock, grave marker for any reason except for cleaning or repair by a family member, caretaker, or preservation organization.

(1) Defaces, mars, vandalizes, destroys, or otherwise damages the State Capitol Building, any building on the State Capitol grounds, any building on the Capitol Mall, any building on the grounds of the Governor's Mansion, or any publicly owned monument, statue, fixture, or landscape on the State Capitol grounds, Capitol Mall, or Governor's Mansion;

(2) Defaces, mars, vandalizes, destroys, or otherwise damages any public monument;

(3) Defaces, mars, vandalizes, destroys, or otherwise damages a work of art on display in any public place;

(4) Defaces, mars, desecrates, vandalizes, destroys, or otherwise damages any place of worship, cemetery, or burial monument; or

(5) Removes a broken or unbroken, commercial or rock, grave marker for any reason except for cleaning or repair by a family member, caretaker, or preservation organization.

(b) (1) (A) Except as provided in subdivision (b)(1)(B) of this section, defacing or damaging a public building or an object of public respect is a Class A misdemeanor if the value of repairing or replacing the public building or damaged object does not exceed five hundred dollars ($500). (B) Defacing or damaging a public building or an object of public respect is a Class D felony if the value of repairing or replacing the public building or damaged object does not exceed five hundred dollars ($500) and if the object that is defaced, marred, desecrated, vandalized, destroyed, or otherwise damaged is a cemetery or burial monument. (2) (A) Except as provided in subdivision (b)(2)(B) of this section, defacing or damaging a public building or an object of public respect is a Class D felony if the value of repairing or replacing the public building or damaged object exceeds five hundred dollars ($500), but does not exceed two thousand five hundred dollars ($2,500). (B) Defacing or damaging a public building or an object of public respect is a Class C felony if the value of repairing or replacing the public building or damaged object exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500) and if the public building or object that is defaced, marred, desecrated, vandalized, destroyed, or otherwise damaged is a cemetery or burial monument. (3) (A) Except as provided in subdivision (b)(3)(B) of this section, defacing or damaging a public building or an object of public respect is a Class C felony if the value of repairing or replacing the public building or damaged object exceeds two thousand five hundred dollars ($2,500). (B) Defacing or damaging a public building or an object of public respect is a Class B felony if the value of repairing or replacing the public building or damaged object exceeds two thousand five hundred dollars ($2,500) and if the public building or object that is defaced, marred, desecrated, vandalized, destroyed, or otherwise damaged is a cemetery or burial monument.

(1) (A) Except as provided in subdivision (b)(1)(B) of this section, defacing or damaging a public building or an object of public respect is a Class A misdemeanor if the value of repairing or replacing the public building or damaged object does not exceed five hundred dollars ($500). (B) Defacing or damaging a public building or an object of public respect is a Class D felony if the value of repairing or replacing the public building or damaged object does not exceed five hundred dollars ($500) and if the object that is defaced, marred, desecrated, vandalized, destroyed, or otherwise damaged is a cemetery or burial monument.

(A) Except as provided in subdivision (b)(1)(B) of this section, defacing or damaging a public building or an object of public respect is a Class A misdemeanor if the value of repairing or replacing the public building or damaged object does not exceed five hundred dollars ($500).

(B) Defacing or damaging a public building or an object of public respect is a Class D felony if the value of repairing or replacing the public building or damaged object does not exceed five hundred dollars ($500) and if the object that is defaced, marred, desecrated, vandalized, destroyed, or otherwise damaged is a cemetery or burial monument.

(2) (A) Except as provided in subdivision (b)(2)(B) of this section, defacing or damaging a public building or an object of public respect is a Class D felony if the value of repairing or replacing the public building or damaged object exceeds five hundred dollars ($500), but does not exceed two thousand five hundred dollars ($2,500). (B) Defacing or damaging a public building or an object of public respect is a Class C felony if the value of repairing or replacing the public building or damaged object exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500) and if the public building or object that is defaced, marred, desecrated, vandalized, destroyed, or otherwise damaged is a cemetery or burial monument.

(A) Except as provided in subdivision (b)(2)(B) of this section, defacing or damaging a public building or an object of public respect is a Class D felony if the value of repairing or replacing the public building or damaged object exceeds five hundred dollars ($500), but does not exceed two thousand five hundred dollars ($2,500).

(B) Defacing or damaging a public building or an object of public respect is a Class C felony if the value of repairing or replacing the public building or damaged object exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500) and if the public building or object that is defaced, marred, desecrated, vandalized, destroyed, or otherwise damaged is a cemetery or burial monument.

(3) (A) Except as provided in subdivision (b)(3)(B) of this section, defacing or damaging a public building or an object of public respect is a Class C felony if the value of repairing or replacing the public building or damaged object exceeds two thousand five hundred dollars ($2,500). (B) Defacing or damaging a public building or an object of public respect is a Class B felony if the value of repairing or replacing the public building or damaged object exceeds two thousand five hundred dollars ($2,500) and if the public building or object that is defaced, marred, desecrated, vandalized, destroyed, or otherwise damaged is a cemetery or burial monument.

(A) Except as provided in subdivision (b)(3)(B) of this section, defacing or damaging a public building or an object of public respect is a Class C felony if the value of repairing or replacing the public building or damaged object exceeds two thousand five hundred dollars ($2,500).

(B) Defacing or damaging a public building or an object of public respect is a Class B felony if the value of repairing or replacing the public building or damaged object exceeds two thousand five hundred dollars ($2,500) and if the public building or object that is defaced, marred, desecrated, vandalized, destroyed, or otherwise damaged is a cemetery or burial monument.

(c) As used in this section, "publicly owned monument" means an object on public land that commemorates a person or persons or an event that has become relevant to a social group as a part of the social group's remembrance of historic times or is part of the social group's cultural heritage due to the object's artistic, historic, social, political, technical, or architectural importance.

Amended by Act 2021, No. 713,§ 1, eff. 7/28/2021.

Acts 1975, No. 280, § 2916; A.S.A. 1947, § 41-2916; Acts 1993, No. 169, § 1; 2005, No. 2232, § 4; 2007, No. 266, § 1.
Ark. Code Ann. § 5-77-204 — AR Code / Title 5 / Chapter 77 / Subchapter 2 / Section 5-77-204
Emergency lights and sirens - Prohibited persons
Status: in_force

(a) It is unlawful for a person who has pleaded guilty or nolo contendere to or has been found guilty of a felony or domestic battering in the third degree, § 5-26-305 , or a person required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., to knowingly: (1) Purchase or possess an emergency vehicle light or siren with a purpose to install or use the emergency vehicle light or siren on a motor vehicle that reasonably appears to be or that mimics a law enforcement vehicle; (2) Install or use an emergency vehicle light or siren on a motor vehicle that reasonably appears to be or that mimics a law enforcement vehicle; or (3) Operate a motor vehicle that reasonably appears to be or that mimics a law enforcement vehicle and the motor vehicle has an emergency vehicle light or siren installed on the motor vehicle or in use on the motor vehicle. (b) It is a defense to prosecution under this section that the person was a certified law enforcement officer acting within the scope of his or her duty. (c) As used in this section: (1) "Emergency vehicle light" means a device that emits a light of any color and that is: (A) Designed for use by an emergency vehicle; or (B) Similar in appearance to a device designed for use by an emergency vehicle; (2) "Law enforcement vehicle" means any vehicle owned or operated by a law enforcement agency; and (3) "Siren" means an acoustic or electronic device producing a loud or wailing sound as a signal or warning. (d) A violation of this section is a Class A misdemeanor. Acts 2009, No. 561, § 1.

(a) It is unlawful for a person who has pleaded guilty or nolo contendere to or has been found guilty of a felony or domestic battering in the third degree, § 5-26-305 , or a person required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., to knowingly: (1) Purchase or possess an emergency vehicle light or siren with a purpose to install or use the emergency vehicle light or siren on a motor vehicle that reasonably appears to be or that mimics a law enforcement vehicle; (2) Install or use an emergency vehicle light or siren on a motor vehicle that reasonably appears to be or that mimics a law enforcement vehicle; or (3) Operate a motor vehicle that reasonably appears to be or that mimics a law enforcement vehicle and the motor vehicle has an emergency vehicle light or siren installed on the motor vehicle or in use on the motor vehicle.

(1) Purchase or possess an emergency vehicle light or siren with a purpose to install or use the emergency vehicle light or siren on a motor vehicle that reasonably appears to be or that mimics a law enforcement vehicle;

(2) Install or use an emergency vehicle light or siren on a motor vehicle that reasonably appears to be or that mimics a law enforcement vehicle; or

(3) Operate a motor vehicle that reasonably appears to be or that mimics a law enforcement vehicle and the motor vehicle has an emergency vehicle light or siren installed on the motor vehicle or in use on the motor vehicle.

(b) It is a defense to prosecution under this section that the person was a certified law enforcement officer acting within the scope of his or her duty.

(c) As used in this section: (1) "Emergency vehicle light" means a device that emits a light of any color and that is: (A) Designed for use by an emergency vehicle; or (B) Similar in appearance to a device designed for use by an emergency vehicle; (2) "Law enforcement vehicle" means any vehicle owned or operated by a law enforcement agency; and (3) "Siren" means an acoustic or electronic device producing a loud or wailing sound as a signal or warning.

(1) "Emergency vehicle light" means a device that emits a light of any color and that is: (A) Designed for use by an emergency vehicle; or (B) Similar in appearance to a device designed for use by an emergency vehicle;

(A) Designed for use by an emergency vehicle; or

(B) Similar in appearance to a device designed for use by an emergency vehicle;

(2) "Law enforcement vehicle" means any vehicle owned or operated by a law enforcement agency; and

(3) "Siren" means an acoustic or electronic device producing a loud or wailing sound as a signal or warning.

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

Acts 2009, No. 561, § 1.
Ark. Code Ann. § 5-54-106 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-106
Aiding consummation of offense
Status: in_force

(a) A person commits an offense under this section if he or she knowingly aids another person by: (1) Safeguarding or securing the proceeds of an offense; or (2) Converting the proceeds of an offense into negotiable funds. (b) (1) A person violating any provision of this section is guilty of a Class D felony if the conduct of the person aided in violation of this section constitutes a felony of any class. (2) Otherwise, a violation of this section is a Class A misdemeanor. Acts 1975, No. 280, § 2806; A.S.A. 1947, § 41-2806.

(a) A person commits an offense under this section if he or she knowingly aids another person by: (1) Safeguarding or securing the proceeds of an offense; or (2) Converting the proceeds of an offense into negotiable funds.

(1) Safeguarding or securing the proceeds of an offense; or

(2) Converting the proceeds of an offense into negotiable funds.

(b) (1) A person violating any provision of this section is guilty of a Class D felony if the conduct of the person aided in violation of this section constitutes a felony of any class. (2) Otherwise, a violation of this section is a Class A misdemeanor.

(1) A person violating any provision of this section is guilty of a Class D felony if the conduct of the person aided in violation of this section constitutes a felony of any class.

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

Acts 1975, No. 280, § 2806; A.S.A. 1947, § 41-2806.
Ark. Code Ann. § 5-64-1006 — AR Code / Title 5 / Chapter 64 / Subchapter 10 / Section 5-64-1006
Suspicious transaction reports
Status: in_force

(a) Any pharmacy, manufacturer, wholesaler, or retail distributor that is required to keep records under this subchapter and that sells, transfers, or otherwise furnishes ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, and salts of optical isomers, alone or in a mixture, to any person in this state in a suspicious transaction shall report the transaction in writing to the Arkansas State Board of Pharmacy. (b) Any person who does not submit a report as required by subsection (a) of this section is guilty of a Class A misdemeanor. (c) As used in this section, "suspicious transaction" means a sale or transfer to which either of the following applies: (1) The circumstances of the sale or transfer would lead a reasonable person to believe that the substance is likely to be used for the purpose of unlawfully manufacturing a controlled substance in violation of this chapter based on such factors as: (A) The amount involved; (B) The method of payment; (C) The method of delivery; and (D) Past dealings with the person acquiring the substance; or (2) The transaction involves payment for ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, and salts of optical isomers, alone or in a mixture, in cash or money orders totaling more than two hundred dollars ($200). (d) (1) The board shall adopt by rule criteria for determining whether a transaction is a suspicious transaction, taking into consideration the recommendations in Appendix A, Report to the United States Attorney General by the Suspicious Orders Task Force, under the Comprehensive Methamphetamine Control Act of 1996, Pub. L. No. 104-237. (2) In addition to any other penalty provided for in this section, the board may impose a civil penalty for a violation of subsection (a) of this section not to exceed ten thousand dollars ($10,000) per violation. Acts 2001, No. 1209, § 2; 2005, No. 256, § 4.

(a) Any pharmacy, manufacturer, wholesaler, or retail distributor that is required to keep records under this subchapter and that sells, transfers, or otherwise furnishes ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, and salts of optical isomers, alone or in a mixture, to any person in this state in a suspicious transaction shall report the transaction in writing to the Arkansas State Board of Pharmacy.

(b) Any person who does not submit a report as required by subsection (a) of this section is guilty of a Class A misdemeanor.

(c) As used in this section, "suspicious transaction" means a sale or transfer to which either of the following applies: (1) The circumstances of the sale or transfer would lead a reasonable person to believe that the substance is likely to be used for the purpose of unlawfully manufacturing a controlled substance in violation of this chapter based on such factors as: (A) The amount involved; (B) The method of payment; (C) The method of delivery; and (D) Past dealings with the person acquiring the substance; or (2) The transaction involves payment for ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, and salts of optical isomers, alone or in a mixture, in cash or money orders totaling more than two hundred dollars ($200).

(1) The circumstances of the sale or transfer would lead a reasonable person to believe that the substance is likely to be used for the purpose of unlawfully manufacturing a controlled substance in violation of this chapter based on such factors as: (A) The amount involved; (B) The method of payment; (C) The method of delivery; and (D) Past dealings with the person acquiring the substance; or

(A) The amount involved;

(B) The method of payment;

(C) The method of delivery; and

(D) Past dealings with the person acquiring the substance; or

(2) The transaction involves payment for ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, and salts of optical isomers, alone or in a mixture, in cash or money orders totaling more than two hundred dollars ($200).

(d) (1) The board shall adopt by rule criteria for determining whether a transaction is a suspicious transaction, taking into consideration the recommendations in Appendix A, Report to the United States Attorney General by the Suspicious Orders Task Force, under the Comprehensive Methamphetamine Control Act of 1996, Pub. L. No. 104-237. (2) In addition to any other penalty provided for in this section, the board may impose a civil penalty for a violation of subsection (a) of this section not to exceed ten thousand dollars ($10,000) per violation.

(1) The board shall adopt by rule criteria for determining whether a transaction is a suspicious transaction, taking into consideration the recommendations in Appendix A, Report to the United States Attorney General by the Suspicious Orders Task Force, under the Comprehensive Methamphetamine Control Act of 1996, Pub. L. No. 104-237.

(2) In addition to any other penalty provided for in this section, the board may impose a civil penalty for a violation of subsection (a) of this section not to exceed ten thousand dollars ($10,000) per violation.

Acts 2001, No. 1209, § 2; 2005, No. 256, § 4.
Ark. Code Ann. § 5-13-204 — AR Code / Title 5 / Chapter 13 / Subchapter 2 / Section 5-13-204
Aggravated assault
Status: in_force

(a) A person commits aggravated assault if, under circumstances manifesting extreme indifference to the value of human life, he or she purposely: (1) Engages in conduct that creates a substantial danger of death or serious physical injury to another person; (2) Displays a firearm in such a manner that creates a substantial danger of death or serious physical injury to another person; or (3) Impedes or prevents the respiration of another person or the circulation of another person's blood by applying pressure on the chest, throat, or neck or by blocking the nose or mouth of the other person. (b) Aggravated assault is a Class D felony. (c) The provisions of this section do not apply to: (1) A law enforcement officer acting within the scope of his or her duty; or (2) A person acting in self-defense or the defense of a third party. Amended by Act 2019, No. 243,§ 1, eff. 7/24/2019. Acts 1975, No. 280, § 1604; A.S.A. 1947, § 41-1604; Acts 2003, No. 1113, § 1; 2009, No. 332, § 1.

(a) A person commits aggravated assault if, under circumstances manifesting extreme indifference to the value of human life, he or she purposely: (1) Engages in conduct that creates a substantial danger of death or serious physical injury to another person; (2) Displays a firearm in such a manner that creates a substantial danger of death or serious physical injury to another person; or (3) Impedes or prevents the respiration of another person or the circulation of another person's blood by applying pressure on the chest, throat, or neck or by blocking the nose or mouth of the other person.

(1) Engages in conduct that creates a substantial danger of death or serious physical injury to another person;

(2) Displays a firearm in such a manner that creates a substantial danger of death or serious physical injury to another person; or

(3) Impedes or prevents the respiration of another person or the circulation of another person's blood by applying pressure on the chest, throat, or neck or by blocking the nose or mouth of the other person.

(b) Aggravated assault is a Class D felony.

(c) The provisions of this section do not apply to: (1) A law enforcement officer acting within the scope of his or her duty; or (2) A person acting in self-defense or the defense of a third party.

(1) A law enforcement officer acting within the scope of his or her duty; or

(2) A person acting in self-defense or the defense of a third party.

Amended by Act 2019, No. 243,§ 1, eff. 7/24/2019.

Acts 1975, No. 280, § 1604; A.S.A. 1947, § 41-1604; Acts 2003, No. 1113, § 1; 2009, No. 332, § 1.
Ark. Code Ann. § 5-3-404 — AR Code / Title 5 / Chapter 3 / Subchapter 4 / Section 5-3-404
Classification
Status: in_force

Criminal conspiracy is a: (1) Class A felony if an object of the conspiracy is commission of capital murder, treason, or a Class Y felony; (2) Class B felony if an object of the conspiracy is commission of a Class A felony; (3) Class C felony if an object of the conspiracy is commission of a Class B felony; (4) Class D felony if an object of the conspiracy is commission of a Class C felony; (5) Class A misdemeanor if an object of the conspiracy is commission of a Class D felony or an unclassified felony; (6) Class B misdemeanor if an object of the conspiracy is commission of a Class A misdemeanor; or (7) Class C misdemeanor if an object of the conspiracy is commission of a Class B misdemeanor. Acts 1975, No. 280, § 714; 1981, No. 620, § 5; A.S.A. 1947, § 41-714.

Criminal conspiracy is a:

(1) Class A felony if an object of the conspiracy is commission of capital murder, treason, or a Class Y felony;

(2) Class B felony if an object of the conspiracy is commission of a Class A felony;

(3) Class C felony if an object of the conspiracy is commission of a Class B felony;

(4) Class D felony if an object of the conspiracy is commission of a Class C felony;

(5) Class A misdemeanor if an object of the conspiracy is commission of a Class D felony or an unclassified felony;

(6) Class B misdemeanor if an object of the conspiracy is commission of a Class A misdemeanor; or

(7) Class C misdemeanor if an object of the conspiracy is commission of a Class B misdemeanor.

Acts 1975, No. 280, § 714; 1981, No. 620, § 5; A.S.A. 1947, § 41-714.
Ark. Code Ann. § 5-60-122 — AR Code / Title 5 / Chapter 60 / Subchapter 1 / Section 5-60-122
Possession of hand-held laser pointer by minor
Status: in_force

(a) It is unlawful for a person under eighteen (18) years of age to possess a hand-held laser pointer without the supervision of a parent, guardian, or teacher. (b) The hand-held laser pointer shall be seized by a law enforcement officer as contraband. Acts 1999, No. 1408, § 1.

(a) It is unlawful for a person under eighteen (18) years of age to possess a hand-held laser pointer without the supervision of a parent, guardian, or teacher.

(b) The hand-held laser pointer shall be seized by a law enforcement officer as contraband.

Acts 1999, No. 1408, § 1.
Ark. Code Ann. § 5-27-304 — AR Code / Title 5 / Chapter 27 / Subchapter 3 / Section 5-27-304
Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child
Status: in_force

(a) With knowledge of the character of the visual or print medium involved, no person shall do any of the following: (1) Knowingly advertise for sale or distribution, sell, distribute, transport, ship, exhibit, display, or receive for the purpose of sale or distribution any visual or print medium depicting a child participating or engaging in sexually explicit conduct; or (2) Knowingly solicit, receive, purchase, exchange, possess, view, distribute, or control any visual or print medium depicting a child participating or engaging in sexually explicit conduct. (b) Any person who violates subdivisions (a)(1) or (2) of this section is guilty of a: (1) Class C felony for the first offense; and (2) Class B felony for a subsequent offense. Acts 1979, No. 499, § 4; A.S.A. 1947, § 41-4204; Acts 1991, No. 607, § 1.

(a) With knowledge of the character of the visual or print medium involved, no person shall do any of the following: (1) Knowingly advertise for sale or distribution, sell, distribute, transport, ship, exhibit, display, or receive for the purpose of sale or distribution any visual or print medium depicting a child participating or engaging in sexually explicit conduct; or (2) Knowingly solicit, receive, purchase, exchange, possess, view, distribute, or control any visual or print medium depicting a child participating or engaging in sexually explicit conduct.

(1) Knowingly advertise for sale or distribution, sell, distribute, transport, ship, exhibit, display, or receive for the purpose of sale or distribution any visual or print medium depicting a child participating or engaging in sexually explicit conduct; or

(2) Knowingly solicit, receive, purchase, exchange, possess, view, distribute, or control any visual or print medium depicting a child participating or engaging in sexually explicit conduct.

(b) Any person who violates subdivisions (a)(1) or (2) of this section is guilty of a: (1) Class C felony for the first offense; and (2) Class B felony for a subsequent offense.

(1) Class C felony for the first offense; and

(2) Class B felony for a subsequent offense.

Acts 1979, No. 499, § 4; A.S.A. 1947, § 41-4204; Acts 1991, No. 607, § 1.
Ark. Code Ann. § 5-73-205 — AR Code / Title 5 / Chapter 73 / Subchapter 2 / Section 5-73-205
Presumption of offensive or aggressive purpose
Status: in_force

(a) Possession or use of a machine gun is presumed to be for an offensive or aggressive purpose: (1) When the machine gun is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun may be found; (2) When in the possession of or used by an unnaturalized foreign-born person or a person who has been convicted of a crime of violence in any court of record, state or federal, of the United States of America, its territories or insular possessions; (3) [Repealed.] (4) When empty or loaded pistol shells of 30 (.30 in. or 7.63 mm.) or larger caliber which have been or are susceptible of use in the machine gun are found in the immediate vicinity of the machine gun. (b) A machine gun is exempt from the presumption of offensive or aggressive purpose if: (1) The machine gun has been registered to a corporation in the business of manufacturing ammunition or a representative of the corporation under the National Firearms Act, 26 U.S.C. § 5801 et seq., or the Gun Control Act of 1968, 18 U.S.C. § 921 et seq.; (2) The machine gun is being used primarily to test ammunition in a nonoffensive and nonaggressive manner by the corporation or the corporation's representative that the machine gun is registered to; and (3) The corporation or the corporation's representative is not prohibited from the possession of a firearm by any state or federal law. Acts 1935, No. 80, § 4; Pope's Dig., § 3517; A.S.A. 1947, § 41-3160; Acts 2003, No. 1352, § 1; 2007, No. 827, § 97.

(a) Possession or use of a machine gun is presumed to be for an offensive or aggressive purpose: (1) When the machine gun is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun may be found; (2) When in the possession of or used by an unnaturalized foreign-born person or a person who has been convicted of a crime of violence in any court of record, state or federal, of the United States of America, its territories or insular possessions; (3) [Repealed.] (4) When empty or loaded pistol shells of 30 (.30 in. or 7.63 mm.) or larger caliber which have been or are susceptible of use in the machine gun are found in the immediate vicinity of the machine gun.

(1) When the machine gun is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun may be found;

(2) When in the possession of or used by an unnaturalized foreign-born person or a person who has been convicted of a crime of violence in any court of record, state or federal, of the United States of America, its territories or insular possessions;

(3) [Repealed.]

(4) When empty or loaded pistol shells of 30 (.30 in. or 7.63 mm.) or larger caliber which have been or are susceptible of use in the machine gun are found in the immediate vicinity of the machine gun.

(b) A machine gun is exempt from the presumption of offensive or aggressive purpose if: (1) The machine gun has been registered to a corporation in the business of manufacturing ammunition or a representative of the corporation under the National Firearms Act, 26 U.S.C. § 5801 et seq., or the Gun Control Act of 1968, 18 U.S.C. § 921 et seq.; (2) The machine gun is being used primarily to test ammunition in a nonoffensive and nonaggressive manner by the corporation or the corporation's representative that the machine gun is registered to; and (3) The corporation or the corporation's representative is not prohibited from the possession of a firearm by any state or federal law.

(1) The machine gun has been registered to a corporation in the business of manufacturing ammunition or a representative of the corporation under the National Firearms Act, 26 U.S.C. § 5801 et seq., or the Gun Control Act of 1968, 18 U.S.C. § 921 et seq.;

(2) The machine gun is being used primarily to test ammunition in a nonoffensive and nonaggressive manner by the corporation or the corporation's representative that the machine gun is registered to; and

(3) The corporation or the corporation's representative is not prohibited from the possession of a firearm by any state or federal law.

Acts 1935, No. 80, § 4; Pope's Dig., § 3517; A.S.A. 1947, § 41-3160; Acts 2003, No. 1352, § 1; 2007, No. 827, § 97.
Ark. Code Ann. § 5-27-601 — AR Code / Title 5 / Chapter 27 / Subchapter 6 / Section 5-27-601
Definitions
Status: in_force

As used in this subchapter: (1) "Child" means any person under seventeen (17) years of age; (2) (A) "Computer" means an electronic, magnetic, electrochemical, or other high-speed data processing device performing a logical, arithmetic, or storage function and includes any data storage facility or communications facility directly related to or operating in conjunction with the device. (B) "Computer" also includes any online service, Internet service, or local bulletin board, any electronic storage device, including a floppy disk or other magnetic storage device, or any compact disk that has read-only memory and the capacity to store audio, video, or written material; (3) "Computer network" means an interconnection of a communications line with a computer through a remote terminal or a complex consisting of two (2) or more interconnected computers; (4) "Computer program" means a set of instructions, statements, or related data that, in actual or modified form, is capable of causing a computer or a computer system to perform a specified function; (5) "Computer software" means one (1) or more computer programs, existing in any form, or any associated operational procedure, manual, or other documentation; (6) "Computer system" means a set of related, connected, or unconnected computers, other devices, and software; (7) "Deviate sexual activity" means any act involving the penetration, however slight, of the: (A) Anus or mouth of a person by the penis of another person; or (B) Labia majora or anus of a person by any body member or foreign instrument manipulated by another person; (8) "Electronic mail" means an electronic message, file, data, or other information that is transmitted: (A) Between two (2) or more computers, computer networks, or electronic terminals; or (B) Within or between computer networks; (9) "Electronic mail service provider" means a person that: (A) Is an intermediary in the transmission of electronic mail from the sender to the recipient; or (B) Provides to an end user of electronic mail service the ability to send and receive electronic mail; (10) "Interactive computer service" means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and also a system operated or service offered by a library or educational institution; (11) "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks; (12) "Performance" means any play, dance, act, drama, piece, interlude, pantomime, show, scene, or other three-dimensional presentation or a part, whether: (A) Performed live or photographed; (B) Filmed; (C) Videotaped; or (D) Visually depicted by any other photographic, cinematic, magnetic, or electronic means; (13) "Reproduction" includes, but is not limited to, a computer-generated image; (14) "Sexual intercourse" means penetration, however slight, of the labia majora by a penis; and (15) "Sexually explicit conduct" means actual or simulated: (A) Sexual intercourse; (B) Deviate sexual activity; (C) Bestiality; (D) Masturbation; (E) Sadomasochistic abuse for the purpose of sexual stimulation; or (F) Lewd exhibition of the: (i) Genitals or pubic area of any person; or (ii) Breast of a female. Acts 2001, No. 1496, § 1; 2003, No. 1087, § 2.

As used in this subchapter:

(1) "Child" means any person under seventeen (17) years of age;

(2) (A) "Computer" means an electronic, magnetic, electrochemical, or other high-speed data processing device performing a logical, arithmetic, or storage function and includes any data storage facility or communications facility directly related to or operating in conjunction with the device. (B) "Computer" also includes any online service, Internet service, or local bulletin board, any electronic storage device, including a floppy disk or other magnetic storage device, or any compact disk that has read-only memory and the capacity to store audio, video, or written material;

(A) "Computer" means an electronic, magnetic, electrochemical, or other high-speed data processing device performing a logical, arithmetic, or storage function and includes any data storage facility or communications facility directly related to or operating in conjunction with the device.

(B) "Computer" also includes any online service, Internet service, or local bulletin board, any electronic storage device, including a floppy disk or other magnetic storage device, or any compact disk that has read-only memory and the capacity to store audio, video, or written material;

(3) "Computer network" means an interconnection of a communications line with a computer through a remote terminal or a complex consisting of two (2) or more interconnected computers;

(4) "Computer program" means a set of instructions, statements, or related data that, in actual or modified form, is capable of causing a computer or a computer system to perform a specified function;

(5) "Computer software" means one (1) or more computer programs, existing in any form, or any associated operational procedure, manual, or other documentation;

(6) "Computer system" means a set of related, connected, or unconnected computers, other devices, and software;

(7) "Deviate sexual activity" means any act involving the penetration, however slight, of the: (A) Anus or mouth of a person by the penis of another person; or (B) Labia majora or anus of a person by any body member or foreign instrument manipulated by another person;

(A) Anus or mouth of a person by the penis of another person; or

(B) Labia majora or anus of a person by any body member or foreign instrument manipulated by another person;

(8) "Electronic mail" means an electronic message, file, data, or other information that is transmitted: (A) Between two (2) or more computers, computer networks, or electronic terminals; or (B) Within or between computer networks;

(A) Between two (2) or more computers, computer networks, or electronic terminals; or

(B) Within or between computer networks;

(9) "Electronic mail service provider" means a person that: (A) Is an intermediary in the transmission of electronic mail from the sender to the recipient; or (B) Provides to an end user of electronic mail service the ability to send and receive electronic mail;

(A) Is an intermediary in the transmission of electronic mail from the sender to the recipient; or

(B) Provides to an end user of electronic mail service the ability to send and receive electronic mail;

(10) "Interactive computer service" means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and also a system operated or service offered by a library or educational institution;

(11) "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks;

(12) "Performance" means any play, dance, act, drama, piece, interlude, pantomime, show, scene, or other three-dimensional presentation or a part, whether: (A) Performed live or photographed; (B) Filmed; (C) Videotaped; or (D) Visually depicted by any other photographic, cinematic, magnetic, or electronic means;

(A) Performed live or photographed;

(B) Filmed;

(C) Videotaped; or

(D) Visually depicted by any other photographic, cinematic, magnetic, or electronic means;

(13) "Reproduction" includes, but is not limited to, a computer-generated image;

(14) "Sexual intercourse" means penetration, however slight, of the labia majora by a penis; and

(15) "Sexually explicit conduct" means actual or simulated: (A) Sexual intercourse; (B) Deviate sexual activity; (C) Bestiality; (D) Masturbation; (E) Sadomasochistic abuse for the purpose of sexual stimulation; or (F) Lewd exhibition of the: (i) Genitals or pubic area of any person; or (ii) Breast of a female.

(A) Sexual intercourse;

(B) Deviate sexual activity;

(C) Bestiality;

(D) Masturbation;

(E) Sadomasochistic abuse for the purpose of sexual stimulation; or

(F) Lewd exhibition of the: (i) Genitals or pubic area of any person; or (ii) Breast of a female.

(i) Genitals or pubic area of any person; or

(ii) Breast of a female.

Acts 2001, No. 1496, § 1; 2003, No. 1087, § 2.
Ark. Code Ann. § 5-64-806 — AR Code / Title 5 / Chapter 64 / Subchapter 8 / Section 5-64-806
Seizure and forfeiture
Status: in_force

Any property, including money, used in violation of a provision of this subchapter may be seized and forfeited to the state. Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.

Any property, including money, used in violation of a provision of this subchapter may be seized and forfeited to the state.

Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.
Ark. Code Ann. § 5-64-1107 — AR Code / Title 5 / Chapter 64 / Subchapter 11 / Section 5-64-1107
Confidentiality of information
Status: in_force

(a) Information entered into the real-time electronic logbook is confidential and is not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) Except as authorized under § 5-64-1108 or otherwise by law, the Arkansas Crime Information Center shall not disclose any information entered, collected, recorded, transmitted, or maintained in the real-time electronic logbook. Acts 2007, No. 508, § 3.

(a) Information entered into the real-time electronic logbook is confidential and is not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.

(b) Except as authorized under § 5-64-1108 or otherwise by law, the Arkansas Crime Information Center shall not disclose any information entered, collected, recorded, transmitted, or maintained in the real-time electronic logbook.

Acts 2007, No. 508, § 3.
Ark. Code Ann. § 5-4-608 — AR Code / Title 5 / Chapter 4 / Subchapter 6 / Section 5-4-608
Waiver of death penalty
Status: in_force

(a) If a defendant is charged with capital murder, with the permission of the court the prosecuting attorney may waive the death penalty. (b) In a case described in subsection (a) of this section, if the defendant pleads guilty to capital murder or is found guilty of capital murder after trial to the court or to a jury, the trial court shall sentence the defendant to life imprisonment without parole. Acts 1975, No. 280, § 1307; 1977, No. 474, § 14; A.S.A. 1947, § 41-1307.

(a) If a defendant is charged with capital murder, with the permission of the court the prosecuting attorney may waive the death penalty.

(b) In a case described in subsection (a) of this section, if the defendant pleads guilty to capital murder or is found guilty of capital murder after trial to the court or to a jury, the trial court shall sentence the defendant to life imprisonment without parole.

Acts 1975, No. 280, § 1307; 1977, No. 474, § 14; A.S.A. 1947, § 41-1307.
Ark. Code Ann. § 5-66-105 — AR Code / Title 5 / Chapter 66 / Section 5-66-105
Gaming devices - Financial interest
Status: in_force

(a) It is unlawful for any person in any way, either directly or indirectly, to be: (1) Interested or concerned in any gaming prohibited by § 5-66-104 , either by furnishing money or another article for the purpose of carrying on gaming; or (2) Interested in the loss or gain of gaming prohibited by § 5-66-104 . (b) Upon conviction, a person who violates this section is guilty of an unclassified misdemeanor and shall be fined in any sum not less than one hundred dollars ($100) and may be imprisoned any length of time not less than thirty (30) days nor more than one (1) year. Rev. Stat., ch. 44, div. 6, art. 3, § 2; C. & M. Dig., § 2631; Pope's Dig., § 3321; A.S.A. 1947, § 41-3254; Acts 2007, No. 827, § 83.

(a) It is unlawful for any person in any way, either directly or indirectly, to be: (1) Interested or concerned in any gaming prohibited by § 5-66-104 , either by furnishing money or another article for the purpose of carrying on gaming; or (2) Interested in the loss or gain of gaming prohibited by § 5-66-104 .

(1) Interested or concerned in any gaming prohibited by § 5-66-104 , either by furnishing money or another article for the purpose of carrying on gaming; or

(2) Interested in the loss or gain of gaming prohibited by § 5-66-104 .

(b) Upon conviction, a person who violates this section is guilty of an unclassified misdemeanor and shall be fined in any sum not less than one hundred dollars ($100) and may be imprisoned any length of time not less than thirty (30) days nor more than one (1) year.

Rev. Stat., ch. 44, div. 6, art. 3, § 2; C. & M. Dig., § 2631; Pope's Dig., § 3321; A.S.A. 1947, § 41-3254; Acts 2007, No. 827, § 83.
Ark. Code Ann. § 5-36-106 — AR Code / Title 5 / Chapter 36 / Subchapter 1 / Section 5-36-106
Theft by receiving
Status: in_force

(a) A person commits the offense of theft by receiving if he or she receives, retains, or disposes of stolen property of another person: (1) Knowing that the property was stolen; or (2) Having good reason to believe the property was stolen. (b) As used in this section, "receiving" means acquiring possession, control, or title or lending on the security of the property. (c) The following give rise to a presumption that a person knows or believes that property was stolen: (1) The unexplained possession or control by the person of recently stolen property; or (2) The acquisition by the person of property for a consideration known to be far below the property's reasonable value. (d) It is a defense to a prosecution for the offense of theft by receiving that the property is received, retained, or disposed of with the purpose of restoring the property to the owner or another person entitled to the property. (e) Theft by receiving is a: (1) Class B felony if the value of the property is twenty-five thousand dollars ($25,000) or more; (2) Class C felony if: (A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or (B) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more; (3) Class D felony if: (A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); (B) The property is a: (i) Credit card or credit card account number; (ii) Debit card or debit card account number; or (iii) Firearm valued at less than two thousand five hundred dollars ($2,500); or (4) Class A misdemeanor if otherwise committed. (f) A person convicted of a felony offense under this section is subject to an enhanced sentence of an additional term of imprisonment of five (5) years at the discretion of the court if the finder of fact finds that the stolen property was nonferrous metal, as it is defined in § 17-44-101 . Amended by Act 2013, No. 1354,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 548,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 2206; 1977, No. 360, § 10; 1983, No. 719, § 3; A.S.A. 1947, § 41-2206; Acts 1997, No. 303, § 1; 1997, No. 516, § 3; 2003, No. 838, § 3; 2011, No. 570, § 25.

(a) A person commits the offense of theft by receiving if he or she receives, retains, or disposes of stolen property of another person: (1) Knowing that the property was stolen; or (2) Having good reason to believe the property was stolen.

(1) Knowing that the property was stolen; or

(2) Having good reason to believe the property was stolen.

(b) As used in this section, "receiving" means acquiring possession, control, or title or lending on the security of the property.

(c) The following give rise to a presumption that a person knows or believes that property was stolen: (1) The unexplained possession or control by the person of recently stolen property; or (2) The acquisition by the person of property for a consideration known to be far below the property's reasonable value.

(1) The unexplained possession or control by the person of recently stolen property; or

(2) The acquisition by the person of property for a consideration known to be far below the property's reasonable value.

(d) It is a defense to a prosecution for the offense of theft by receiving that the property is received, retained, or disposed of with the purpose of restoring the property to the owner or another person entitled to the property.

(e) Theft by receiving is a: (1) Class B felony if the value of the property is twenty-five thousand dollars ($25,000) or more; (2) Class C felony if: (A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or (B) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more; (3) Class D felony if: (A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); (B) The property is a: (i) Credit card or credit card account number; (ii) Debit card or debit card account number; or (iii) Firearm valued at less than two thousand five hundred dollars ($2,500); or (4) Class A misdemeanor if otherwise committed.

(1) Class B felony if the value of the property is twenty-five thousand dollars ($25,000) or more;

(2) Class C felony if: (A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or (B) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more;

(A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or

(B) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more;

(3) Class D felony if: (A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); (B) The property is a: (i) Credit card or credit card account number; (ii) Debit card or debit card account number; or (iii) Firearm valued at less than two thousand five hundred dollars ($2,500); or

(A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000);

(B) The property is a: (i) Credit card or credit card account number; (ii) Debit card or debit card account number; or (iii) Firearm valued at less than two thousand five hundred dollars ($2,500); or

(i) Credit card or credit card account number;

(ii) Debit card or debit card account number; or

(iii) Firearm valued at less than two thousand five hundred dollars ($2,500); or

(4) Class A misdemeanor if otherwise committed.

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

Amended by Act 2013, No. 1354,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 548,§ 1, eff. 8/16/2013.

Acts 1975, No. 280, § 2206; 1977, No. 360, § 10; 1983, No. 719, § 3; A.S.A. 1947, § 41-2206; Acts 1997, No. 303, § 1; 1997, No. 516, § 3; 2003, No. 838, § 3; 2011, No. 570, § 25.
Ark. Code Ann. § 5-64-205 — AR Code / Title 5 / Chapter 64 / Subchapter 2 / Section 5-64-205
Criteria for Schedule II
Status: in_force

The Secretary of the Department of Health shall place a substance in Schedule II if he or she finds that: (1) The substance has high potential for abuse; (2) The substance has currently accepted medical use in treatment in the United States or currently accepted medical use with severe restrictions; and (3) The abuse of the substance may lead to severe psychic or physical dependence. Amended by Act 2019, No. 910,§ 4834, eff. 7/1/2019. Acts 1971, No. 590, Art. 2, § 5; 1973, No. 186, § 1; 1979, No. 898, § 6; A.S.A. 1947, § 82-2606.

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

(1) The substance has high potential for abuse;

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

(3) The abuse of the substance may lead to severe psychic or physical dependence.

Amended by Act 2019, No. 910,§ 4834, eff. 7/1/2019.

Acts 1971, No. 590, Art. 2, § 5; 1973, No. 186, § 1; 1979, No. 898, § 6; A.S.A. 1947, § 82-2606.
Ark. Code Ann. § 5-38-302 — AR Code / Title 5 / Chapter 38 / Subchapter 3 / Section 5-38-302
Reckless burning
Status: in_force

(a) A person commits the offense of reckless burning if the person purposely starts a fire or causes an explosion, whether on his or her own property or property of another person, and thereby recklessly: (1) Creates a substantial risk of death or serious physical injury to any person; (2) Destroys or causes substantial damage to an occupiable structure of another person; or (3) Destroys or causes substantial damage to a vital public facility. (b) Reckless burning is a Class D felony. Acts 1975, No. 280, § 1903; A.S.A. 1947, § 41-1903.

(a) A person commits the offense of reckless burning if the person purposely starts a fire or causes an explosion, whether on his or her own property or property of another person, and thereby recklessly: (1) Creates a substantial risk of death or serious physical injury to any person; (2) Destroys or causes substantial damage to an occupiable structure of another person; or (3) Destroys or causes substantial damage to a vital public facility.

(1) Creates a substantial risk of death or serious physical injury to any person;

(2) Destroys or causes substantial damage to an occupiable structure of another person; or

(3) Destroys or causes substantial damage to a vital public facility.

(b) Reckless burning is a Class D felony.

Acts 1975, No. 280, § 1903; A.S.A. 1947, § 41-1903.
Ark. Code Ann. § 5-65-108 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-108
No probation prior to adjudication of guilt
Status: in_force

(a) A circuit court judge or district court judge may not utilize the first-time offender probation provisions under § 16-93-301 et seq. when the defendant is charged with violating § 5-65-103 . (b) Notwithstanding the provisions of § 5-4-301 , § 5-4-322 , or subsection (a) of this section, a circuit court judge or district court judge may: (1) Utilize probationary supervision, in addition to the mandatory penalties required for a violation of § 5-65-103 , solely for the purpose of monitoring compliance with his or her orders; and (2) Require an offender to pay a reasonable fee in an amount to be established by the circuit court judge or district court judge. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Acts 1983, No. 549, § 9; A.S.A. 1947, § 75-2509; Acts 2005, No. 1768, § 2; 2007, No. 827, § 76.

(a) A circuit court judge or district court judge may not utilize the first-time offender probation provisions under § 16-93-301 et seq. when the defendant is charged with violating § 5-65-103 .

(b) Notwithstanding the provisions of § 5-4-301 , § 5-4-322 , or subsection (a) of this section, a circuit court judge or district court judge may: (1) Utilize probationary supervision, in addition to the mandatory penalties required for a violation of § 5-65-103 , solely for the purpose of monitoring compliance with his or her orders; and (2) Require an offender to pay a reasonable fee in an amount to be established by the circuit court judge or district court judge.

(1) Utilize probationary supervision, in addition to the mandatory penalties required for a violation of § 5-65-103 , solely for the purpose of monitoring compliance with his or her orders; and

(2) Require an offender to pay a reasonable fee in an amount to be established by the circuit court judge or district court judge.

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

Acts 1983, No. 549, § 9; A.S.A. 1947, § 75-2509; Acts 2005, No. 1768, § 2; 2007, No. 827, § 76.
Ark. Code Ann. § 5-77-201 — AR Code / Title 5 / Chapter 77 / Subchapter 2 / Section 5-77-201
Unlawful possession, purchase, sale, or transfer of a blue light or blue lens cap
Status: in_force

(a) It is unlawful for a person to: (1) Knowingly possess or purchase a blue light or blue lens cap with a purpose to unlawfully use the blue light or blue lens cap; or (2) Transfer a blue light or blue lens cap to another person whom the actor knows or reasonably should know has a purpose to unlawfully use the blue light or blue lens cap. (b) Before selling a blue light or blue lens cap, the seller shall require the buyer to provide identification that legally demonstrates that the buyer is a law enforcement officer, auxiliary law enforcement officer, or a county coroner. (c) Any sale of a blue light or blue lens cap shall be reported to the Division of Arkansas State Police on a form prescribed by the division. (d) Upon conviction, a person who violates this section is guilty of a Class C felony. (e) As used in this section: (1) "Auxiliary law enforcement officer" means the same as defined in § 12-9-301 ; (2) "Blue lens cap" means a lens cap designed to produce a blue color of light when light from a device designed for an emergency vehicle passes through the lens cap; and (3) "Blue light" means any operable device that: (A) Emits a blue color of light; (B) Is designed for use by an emergency vehicle or is similar in appearance to a device designed for use by an emergency vehicle; and (C) Can be operated by use of the vehicle's battery, the vehicle's electrical system, or a dry cell battery. (4) [Repealed.] (f) This section does not apply to the following persons if acting with a lawful purpose: (1) An in-state or out-of-state law enforcement officer or auxiliary law enforcement officer; (2) A county coroner; (3) A person employed by an in-state or out-of-state or federal agency who is operating a vehicle equipped with a blue light or blue lens cap during the course and scope of his or her employment; or (4) A legitimate seller or vendor of blue lights or blue lens caps. Amended by Act 2023, No. 736,§ 12, eff. 8/1/2023. Amended by Act 2019, No. 380,§ 3, eff. 7/24/2019. Amended by Act 2017, No. 439,§ 1, eff. 8/1/2017. Acts 1997, No. 1281, § 1; 2007, No. 827, § 110.

(a) It is unlawful for a person to: (1) Knowingly possess or purchase a blue light or blue lens cap with a purpose to unlawfully use the blue light or blue lens cap; or (2) Transfer a blue light or blue lens cap to another person whom the actor knows or reasonably should know has a purpose to unlawfully use the blue light or blue lens cap.

(1) Knowingly possess or purchase a blue light or blue lens cap with a purpose to unlawfully use the blue light or blue lens cap; or

(2) Transfer a blue light or blue lens cap to another person whom the actor knows or reasonably should know has a purpose to unlawfully use the blue light or blue lens cap.

(b) Before selling a blue light or blue lens cap, the seller shall require the buyer to provide identification that legally demonstrates that the buyer is a law enforcement officer, auxiliary law enforcement officer, or a county coroner.

(c) Any sale of a blue light or blue lens cap shall be reported to the Division of Arkansas State Police on a form prescribed by the division.

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

(e) As used in this section: (1) "Auxiliary law enforcement officer" means the same as defined in § 12-9-301 ; (2) "Blue lens cap" means a lens cap designed to produce a blue color of light when light from a device designed for an emergency vehicle passes through the lens cap; and (3) "Blue light" means any operable device that: (A) Emits a blue color of light; (B) Is designed for use by an emergency vehicle or is similar in appearance to a device designed for use by an emergency vehicle; and (C) Can be operated by use of the vehicle's battery, the vehicle's electrical system, or a dry cell battery. (4) [Repealed.]

(1) "Auxiliary law enforcement officer" means the same as defined in § 12-9-301 ;

(2) "Blue lens cap" means a lens cap designed to produce a blue color of light when light from a device designed for an emergency vehicle passes through the lens cap; and

(3) "Blue light" means any operable device that: (A) Emits a blue color of light; (B) Is designed for use by an emergency vehicle or is similar in appearance to a device designed for use by an emergency vehicle; and (C) Can be operated by use of the vehicle's battery, the vehicle's electrical system, or a dry cell battery.

(A) Emits a blue color of light;

(B) Is designed for use by an emergency vehicle or is similar in appearance to a device designed for use by an emergency vehicle; and

(C) Can be operated by use of the vehicle's battery, the vehicle's electrical system, or a dry cell battery.

(4) [Repealed.]

(f) This section does not apply to the following persons if acting with a lawful purpose: (1) An in-state or out-of-state law enforcement officer or auxiliary law enforcement officer; (2) A county coroner; (3) A person employed by an in-state or out-of-state or federal agency who is operating a vehicle equipped with a blue light or blue lens cap during the course and scope of his or her employment; or (4) A legitimate seller or vendor of blue lights or blue lens caps.

(1) An in-state or out-of-state law enforcement officer or auxiliary law enforcement officer;

(2) A county coroner;

(3) A person employed by an in-state or out-of-state or federal agency who is operating a vehicle equipped with a blue light or blue lens cap during the course and scope of his or her employment; or

(4) A legitimate seller or vendor of blue lights or blue lens caps.

Amended by Act 2023, No. 736,§ 12, eff. 8/1/2023.

Amended by Act 2019, No. 380,§ 3, eff. 7/24/2019.

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

Acts 1997, No. 1281, § 1; 2007, No. 827, § 110.
Ark. Code Ann. § 5-55-204 — AR Code / Title 5 / Chapter 55 / Subchapter 2 / Section 5-55-204
Penalties for food stamp trafficking
Status: in_force

In addition to the penalties set forth in this subchapter, any recipient of a food stamp found guilty of a violation set forth in this subchapter is ineligible for further participation in the food stamp program, as follows: (1) For a period of one (1) year, upon the first occasion of any offense; (2) For a period of two (2) years, upon the second occasion of any offense; and (3) Permanently, upon the third occasion of any offense. Acts 1993, No. 272, § 1; 1997, No. 1058, § 27.

In addition to the penalties set forth in this subchapter, any recipient of a food stamp found guilty of a violation set forth in this subchapter is ineligible for further participation in the food stamp program, as follows:

(1) For a period of one (1) year, upon the first occasion of any offense;

(2) For a period of two (2) years, upon the second occasion of any offense; and

(3) Permanently, upon the third occasion of any offense.

Acts 1993, No. 272, § 1; 1997, No. 1058, § 27.
Ark. Code Ann. § 5-55-115 — AR Code / Title 5 / Chapter 55 / Subchapter 1 / Section 5-55-115
Suspension, exclusion, and illegal Medicaid participation
Status: in_force

(a) It is unlawful for a suspended or excluded individual or organization to participate in the Arkansas Medicaid Program under federal and state laws. (b) (1) A person commits illegal Medicaid participation if: (A) Having been suspended from the Arkansas Medicaid Program or placed on a state or federal excluded Medicaid provider list, the person knowingly participates, directly or indirectly, in the Arkansas Medicaid Program; or (B) As a certified health provider enrolled in the Arkansas Medicaid Program pursuant to Title XIX of the Social Security Act, as amended, 42 U.S.C. § 1396 et seq., or as the fiscal agent of the certified health provider, the person employs, or engages as an independent contractor, or engages as a consultant, or otherwise permits the participation in the business activities of the certified health provider, any person who has pleaded guilty or nolo contendere to or has been found guilty of a charge of Medicaid fraud, theft of public benefits, § 5-36-202 , or abuse of adults, § 5-28-101 et seq. (2) Illegal Medicaid participation is a Class A misdemeanor. Amended by Act 2019, No. 916,§ 10, eff. 7/24/2019.

(a) It is unlawful for a suspended or excluded individual or organization to participate in the Arkansas Medicaid Program under federal and state laws.

(b) (1) A person commits illegal Medicaid participation if: (A) Having been suspended from the Arkansas Medicaid Program or placed on a state or federal excluded Medicaid provider list, the person knowingly participates, directly or indirectly, in the Arkansas Medicaid Program; or (B) As a certified health provider enrolled in the Arkansas Medicaid Program pursuant to Title XIX of the Social Security Act, as amended, 42 U.S.C. § 1396 et seq., or as the fiscal agent of the certified health provider, the person employs, or engages as an independent contractor, or engages as a consultant, or otherwise permits the participation in the business activities of the certified health provider, any person who has pleaded guilty or nolo contendere to or has been found guilty of a charge of Medicaid fraud, theft of public benefits, § 5-36-202 , or abuse of adults, § 5-28-101 et seq. (2) Illegal Medicaid participation is a Class A misdemeanor.

(1) A person commits illegal Medicaid participation if: (A) Having been suspended from the Arkansas Medicaid Program or placed on a state or federal excluded Medicaid provider list, the person knowingly participates, directly or indirectly, in the Arkansas Medicaid Program; or (B) As a certified health provider enrolled in the Arkansas Medicaid Program pursuant to Title XIX of the Social Security Act, as amended, 42 U.S.C. § 1396 et seq., or as the fiscal agent of the certified health provider, the person employs, or engages as an independent contractor, or engages as a consultant, or otherwise permits the participation in the business activities of the certified health provider, any person who has pleaded guilty or nolo contendere to or has been found guilty of a charge of Medicaid fraud, theft of public benefits, § 5-36-202 , or abuse of adults, § 5-28-101 et seq.

(A) Having been suspended from the Arkansas Medicaid Program or placed on a state or federal excluded Medicaid provider list, the person knowingly participates, directly or indirectly, in the Arkansas Medicaid Program; or

(B) As a certified health provider enrolled in the Arkansas Medicaid Program pursuant to Title XIX of the Social Security Act, as amended, 42 U.S.C. § 1396 et seq., or as the fiscal agent of the certified health provider, the person employs, or engages as an independent contractor, or engages as a consultant, or otherwise permits the participation in the business activities of the certified health provider, any person who has pleaded guilty or nolo contendere to or has been found guilty of a charge of Medicaid fraud, theft of public benefits, § 5-36-202 , or abuse of adults, § 5-28-101 et seq.

(2) Illegal Medicaid participation is a Class A misdemeanor.

Amended by Act 2019, No. 916,§ 10, eff. 7/24/2019.
Ark. Code Ann. § 5-2-622 — AR Code / Title 5 / Chapter 2 / Subchapter 6 / Section 5-2-622
Gambling debts and losses
Status: in_force

It is no defense to a prosecution for a crime of violence that a person was seeking recovery or replevin of a gambling debt or loss in circumstances in which civil recovery is permitted by § 16-118-103 . Acts 2009, No. 460, § 1.

It is no defense to a prosecution for a crime of violence that a person was seeking recovery or replevin of a gambling debt or loss in circumstances in which civil recovery is permitted by § 16-118-103 .

Acts 2009, No. 460, § 1.
Ark. Code Ann. § 5-53-108 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-108
Witness bribery
Status: in_force

(a) A person commits witness bribery if he or she: (1) Offers, confers, or agrees to confer any benefit upon a witness or a person he or she believes may be called as a witness with the purpose of: (A) Influencing the testimony of that person; (B) Inducing that person to avoid legal process summoning that person to testify; or (C) Inducing that person to absent himself or herself from an official proceeding to which that person has been legally summoned; or (2) Solicits, accepts, or agrees to accept any benefit and the conferring of the benefit is prohibited by this section. (b) Witness bribery is a Class B felony. Amended by Act 2019, No. 1017,§ 1, eff. 7/24/2019. Acts 1975, No. 280, § 2608; A.S.A. 1947, § 41-2608.

(a) A person commits witness bribery if he or she: (1) Offers, confers, or agrees to confer any benefit upon a witness or a person he or she believes may be called as a witness with the purpose of: (A) Influencing the testimony of that person; (B) Inducing that person to avoid legal process summoning that person to testify; or (C) Inducing that person to absent himself or herself from an official proceeding to which that person has been legally summoned; or (2) Solicits, accepts, or agrees to accept any benefit and the conferring of the benefit is prohibited by this section.

(1) Offers, confers, or agrees to confer any benefit upon a witness or a person he or she believes may be called as a witness with the purpose of: (A) Influencing the testimony of that person; (B) Inducing that person to avoid legal process summoning that person to testify; or (C) Inducing that person to absent himself or herself from an official proceeding to which that person has been legally summoned; or

(A) Influencing the testimony of that person;

(B) Inducing that person to avoid legal process summoning that person to testify; or

(C) Inducing that person to absent himself or herself from an official proceeding to which that person has been legally summoned; or

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

(b) Witness bribery is a Class B felony.

Amended by Act 2019, No. 1017,§ 1, eff. 7/24/2019.

Acts 1975, No. 280, § 2608; A.S.A. 1947, § 41-2608.
Ark. Code Ann. § 5-4-106 — AR Code / Title 5 / Chapter 4 / Subchapter 1 / Section 5-4-106
Extended post-conviction no contact order
Status: in_force

(a) As used in this section: (1) "Extended post-conviction no contact order" means an order issued by a court to a defendant after a conviction for an offense listed in subsection (b) of this section that contains terms as described in subsection (d) of this section; and (2) "Victim" means: (A) A person against whom an offense listed in subsection (b) of this section was committed; or (B) A family member of a person against whom capital murder, § 5-10-101 , murder in the first degree, § 5-10-102 , or murder in the second degree, § 5-10-103 , was committed. (b) At the request of the prosecuting attorney, a court shall determine whether to issue an extended post-conviction no contact order to a person convicted of one (1) or more of the following offenses: (1) Capital murder, § 5-10-101 , or attempted capital murder; (2) Murder in the first degree, § 5-10-102 , or attempted murder in the first degree; (3) Murder in the second degree, § 5-10-103 , or attempted murder in the second degree; (4) Kidnapping, § 5-11-102 ; (5) Battery in the first degree, § 5-13-201 ; (6) Battery in the second degree, § 5-13-202 ; (7) Rape, § 5-14-103 ; (8) Sexual assault in the first degree, § 5-14-124 ; (9) Domestic battering in the first degree, § 5-26-303 ; (10) Domestic battering in the second degree, § 5-26-304 ; or (11) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony. (c) (1) If a request is made under subsection (b) of this section, the court shall order the defendant to show cause why an extended post-conviction no contact order shall not be issued and shall hold a show cause hearing at the sentencing of the defendant. (2) A victim has the right to be heard at the show cause hearing. (d) If the court determines after the show cause hearing under subsection (c) of this section that the defendant should be subject to an extended post-conviction no contact order, the court shall: (1) Enter written findings of fact and the grounds on which the extended post-conviction no contact order is issued; (2) Determine the time period the extended post-conviction no contact order is effective, up to the life of the defendant, and include the time period in the extended post-conviction no contact order; (3) Determine the terms described in subsection (e) of this section to be included in the extended post-conviction no contact order and include the terms in the extended post-conviction no contact order; (4) Issue the extended post-conviction no contact order in a separate document from the judgment imposing the sentence on the defendant; and (5) Provide a copy of the extended post-conviction no contact order to the defendant. (e) The court may include one (1) or more of the following terms in the extended post-conviction no contact order: (1) Order the defendant not to threaten, visit, assault, molest, or otherwise interfere with the victim; (2) Order the defendant not to follow the victim, including at the victim's workplace; (3) Order the defendant not to harass the victim; (4) Order the defendant not to abuse or injure the victim; (5) Order the defendant not to contact the victim by telephone, written communication, or electronic means; or (6) Order the defendant to refrain from entering or remaining present at the victim's residence, school, place of employment, or other specified place at times when the victim is present. (f) (1) An extended post-conviction no contact order entered under this section shall be enforced by a law enforcement agency without further order by the court. (2) A law enforcement officer shall arrest and take a person into custody, with or without a warrant or other process, if the law enforcement officer has probable cause to believe that the person knowingly violated an extended post-conviction no contact order. (g) Upon petition by either the prosecuting attorney or the person subject to the extended post-conviction no contact order, an extended post-conviction no contact order may be modified or terminated by the court if circumstances change that substantially alter: (1) A term or condition of the extended post-conviction no contact order; or (2) The reason for the issuance of the extended post-conviction no contact order. (h) A person who knowingly violates an extended post-conviction no contact order upon conviction is guilty of a Class A misdemeanor. Amended by Act 2017, No. 367,§ 1, eff. 8/1/2017. Added by Act 2013, No. 1103,§ 1, eff. 8/16/2013.

(a) As used in this section: (1) "Extended post-conviction no contact order" means an order issued by a court to a defendant after a conviction for an offense listed in subsection (b) of this section that contains terms as described in subsection (d) of this section; and (2) "Victim" means: (A) A person against whom an offense listed in subsection (b) of this section was committed; or (B) A family member of a person against whom capital murder, § 5-10-101 , murder in the first degree, § 5-10-102 , or murder in the second degree, § 5-10-103 , was committed.

(1) "Extended post-conviction no contact order" means an order issued by a court to a defendant after a conviction for an offense listed in subsection (b) of this section that contains terms as described in subsection (d) of this section; and

(2) "Victim" means: (A) A person against whom an offense listed in subsection (b) of this section was committed; or (B) A family member of a person against whom capital murder, § 5-10-101 , murder in the first degree, § 5-10-102 , or murder in the second degree, § 5-10-103 , was committed.

(A) A person against whom an offense listed in subsection (b) of this section was committed; or

(B) A family member of a person against whom capital murder, § 5-10-101 , murder in the first degree, § 5-10-102 , or murder in the second degree, § 5-10-103 , was committed.

(b) At the request of the prosecuting attorney, a court shall determine whether to issue an extended post-conviction no contact order to a person convicted of one (1) or more of the following offenses: (1) Capital murder, § 5-10-101 , or attempted capital murder; (2) Murder in the first degree, § 5-10-102 , or attempted murder in the first degree; (3) Murder in the second degree, § 5-10-103 , or attempted murder in the second degree; (4) Kidnapping, § 5-11-102 ; (5) Battery in the first degree, § 5-13-201 ; (6) Battery in the second degree, § 5-13-202 ; (7) Rape, § 5-14-103 ; (8) Sexual assault in the first degree, § 5-14-124 ; (9) Domestic battering in the first degree, § 5-26-303 ; (10) Domestic battering in the second degree, § 5-26-304 ; or (11) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony.

(1) Capital murder, § 5-10-101 , or attempted capital murder;

(2) Murder in the first degree, § 5-10-102 , or attempted murder in the first degree;

(3) Murder in the second degree, § 5-10-103 , or attempted murder in the second degree;

(4) Kidnapping, § 5-11-102 ;

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

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

(7) Rape, § 5-14-103 ;

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

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

(10) Domestic battering in the second degree, § 5-26-304 ; or

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

(c) (1) If a request is made under subsection (b) of this section, the court shall order the defendant to show cause why an extended post-conviction no contact order shall not be issued and shall hold a show cause hearing at the sentencing of the defendant. (2) A victim has the right to be heard at the show cause hearing.

(1) If a request is made under subsection (b) of this section, the court shall order the defendant to show cause why an extended post-conviction no contact order shall not be issued and shall hold a show cause hearing at the sentencing of the defendant.

(2) A victim has the right to be heard at the show cause hearing.

(d) If the court determines after the show cause hearing under subsection (c) of this section that the defendant should be subject to an extended post-conviction no contact order, the court shall: (1) Enter written findings of fact and the grounds on which the extended post-conviction no contact order is issued; (2) Determine the time period the extended post-conviction no contact order is effective, up to the life of the defendant, and include the time period in the extended post-conviction no contact order; (3) Determine the terms described in subsection (e) of this section to be included in the extended post-conviction no contact order and include the terms in the extended post-conviction no contact order; (4) Issue the extended post-conviction no contact order in a separate document from the judgment imposing the sentence on the defendant; and (5) Provide a copy of the extended post-conviction no contact order to the defendant.

(1) Enter written findings of fact and the grounds on which the extended post-conviction no contact order is issued;

(2) Determine the time period the extended post-conviction no contact order is effective, up to the life of the defendant, and include the time period in the extended post-conviction no contact order;

(3) Determine the terms described in subsection (e) of this section to be included in the extended post-conviction no contact order and include the terms in the extended post-conviction no contact order;

(4) Issue the extended post-conviction no contact order in a separate document from the judgment imposing the sentence on the defendant; and

(5) Provide a copy of the extended post-conviction no contact order to the defendant.

(e) The court may include one (1) or more of the following terms in the extended post-conviction no contact order: (1) Order the defendant not to threaten, visit, assault, molest, or otherwise interfere with the victim; (2) Order the defendant not to follow the victim, including at the victim's workplace; (3) Order the defendant not to harass the victim; (4) Order the defendant not to abuse or injure the victim; (5) Order the defendant not to contact the victim by telephone, written communication, or electronic means; or (6) Order the defendant to refrain from entering or remaining present at the victim's residence, school, place of employment, or other specified place at times when the victim is present.

(1) Order the defendant not to threaten, visit, assault, molest, or otherwise interfere with the victim;

(2) Order the defendant not to follow the victim, including at the victim's workplace;

(3) Order the defendant not to harass the victim;

(4) Order the defendant not to abuse or injure the victim;

(5) Order the defendant not to contact the victim by telephone, written communication, or electronic means; or

(6) Order the defendant to refrain from entering or remaining present at the victim's residence, school, place of employment, or other specified place at times when the victim is present.

(f) (1) An extended post-conviction no contact order entered under this section shall be enforced by a law enforcement agency without further order by the court. (2) A law enforcement officer shall arrest and take a person into custody, with or without a warrant or other process, if the law enforcement officer has probable cause to believe that the person knowingly violated an extended post-conviction no contact order.

(1) An extended post-conviction no contact order entered under this section shall be enforced by a law enforcement agency without further order by the court.

(2) A law enforcement officer shall arrest and take a person into custody, with or without a warrant or other process, if the law enforcement officer has probable cause to believe that the person knowingly violated an extended post-conviction no contact order.

(g) Upon petition by either the prosecuting attorney or the person subject to the extended post-conviction no contact order, an extended post-conviction no contact order may be modified or terminated by the court if circumstances change that substantially alter: (1) A term or condition of the extended post-conviction no contact order; or (2) The reason for the issuance of the extended post-conviction no contact order.

(1) A term or condition of the extended post-conviction no contact order; or

(2) The reason for the issuance of the extended post-conviction no contact order.

(h) A person who knowingly violates an extended post-conviction no contact order upon conviction is guilty of a Class A misdemeanor.

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

Added by Act 2013, No. 1103,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-2-332 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-332
Secured restoration program authorized
Status: in_force

(a) The purpose of this section is to provide an additional setting for the provision of restorative treatment services in the least restrictive environment. (b) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services may establish and maintain a program to provide restoration services in a secure setting for defendants who: (1) Have been found to lack fitness to proceed; and (2) Are not in an acute phase of illness requiring the services of a psychiatric hospital. (c) (1) A secure setting established under this section shall: (A) Provide a twenty-four-hour program of care by qualified clinicians and professional staff; and (B) Admit each defendant for a term not to exceed one hundred twenty (120) days, unless the division extends the term for good cause. (2) The division has the exclusive authority to determine whether and when a defendant is admitted to the program based on the defendant's acuity, medical need, and other factors determined by the division. (3) The division may procure one (1) or more qualified vendors to operate the program in part or in whole. Added by Act 2023, No. 659,§ 3, eff. 1/1/2024.

(a) The purpose of this section is to provide an additional setting for the provision of restorative treatment services in the least restrictive environment.

(b) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services may establish and maintain a program to provide restoration services in a secure setting for defendants who: (1) Have been found to lack fitness to proceed; and (2) Are not in an acute phase of illness requiring the services of a psychiatric hospital.

(1) Have been found to lack fitness to proceed; and

(2) Are not in an acute phase of illness requiring the services of a psychiatric hospital.

(c) (1) A secure setting established under this section shall: (A) Provide a twenty-four-hour program of care by qualified clinicians and professional staff; and (B) Admit each defendant for a term not to exceed one hundred twenty (120) days, unless the division extends the term for good cause. (2) The division has the exclusive authority to determine whether and when a defendant is admitted to the program based on the defendant's acuity, medical need, and other factors determined by the division. (3) The division may procure one (1) or more qualified vendors to operate the program in part or in whole.

(1) A secure setting established under this section shall: (A) Provide a twenty-four-hour program of care by qualified clinicians and professional staff; and (B) Admit each defendant for a term not to exceed one hundred twenty (120) days, unless the division extends the term for good cause.

(A) Provide a twenty-four-hour program of care by qualified clinicians and professional staff; and

(B) Admit each defendant for a term not to exceed one hundred twenty (120) days, unless the division extends the term for good cause.

(2) The division has the exclusive authority to determine whether and when a defendant is admitted to the program based on the defendant's acuity, medical need, and other factors determined by the division.

(3) The division may procure one (1) or more qualified vendors to operate the program in part or in whole.

Added by Act 2023, No. 659,§ 3, eff. 1/1/2024.
Ark. Code Ann. § 5-27-306 — AR Code / Title 5 / Chapter 27 / Subchapter 3 / Section 5-27-306
Internet stalking of a child
Status: in_force

(a) A person commits the offense of internet stalking of a child if the person being twenty-one (21) years of age or older knowingly uses a computer online service, internet service, local internet bulletin board service, or any means of electronic communication to: (1) Seduce, solicit, lure, or entice a child fifteen (15) years of age or younger in an effort to arrange a meeting with the child for the purpose of engaging in: (A) Sexual intercourse; (B) Sexually explicit conduct; or (C) Deviate sexual activity; (2) Seduce, solicit, lure, or entice an individual that the person believes to be fifteen (15) years of age or younger in an effort to arrange a meeting with the individual for the purpose of engaging in: (A) Sexual intercourse; (B) Sexually explicit conduct; or (C) Deviate sexual activity; (3) Compile, transmit, publish, reproduce, buy, sell, receive, exchange, or disseminate the name, telephone number, email address, residence address, picture, physical description, characteristics, or any other identifying information on a child fifteen (15) years of age or younger in furtherance of an effort to arrange a meeting with the child for the purpose of engaging in: (A) Sexual intercourse; (B) Sexually explicit conduct; or (C) Deviate sexual activity; (4) Compile, transmit, publish, reproduce, buy, sell, receive, exchange, or disseminate the name, telephone number, email address, residence address, picture, physical description, characteristics, or any other identifying information on an individual that the person believes to be fifteen (15) years of age or younger in furtherance of an effort to arrange a meeting with the individual for the purpose of engaging in: (A) Sexual intercourse; (B) Sexually explicit conduct; or (C) Deviate sexual activity; or (5) Arrange a meeting with another person who holds himself or herself out as the parent, guardian, family member, or other person of authority over a child fifteen (15) years of age or younger or an individual that the person believes to be fifteen (15) years of age or younger in order to seduce, solicit, lure, or entice the child fifteen (15) years of age or younger or an individual that the person believes to be fifteen (15) years of age or younger for the purpose of engaging in: (A) Sexual intercourse; (B) Sexually explicit conduct; or (C) Deviate sexual activity. (b) Internet stalking of a child is a: (1) Class B felony if the person attempts to arrange a meeting with: (A) A child fifteen (15) years of age or younger, even if a meeting with the child never takes place; (B) An individual that the person believes to be fifteen (15) years of age or younger, even if a meeting with the individual never takes place; or (C) A person who holds himself or herself out as the parent, guardian, family member, or other person of authority over a child fifteen (15) years of age or younger or an individual that the person believes to be fifteen (15) years of age or younger, even if a meeting with the person never takes place; or (2) Class Y felony if the person arranges a meeting with a child fifteen (15) years of age or younger or an individual that the person believes to be fifteen (15) years of age or younger and an actual meeting with the child or the individual takes place, even if the person fails to engage the child or individual in: (A) Sexual intercourse; (B) Sexually explicit conduct; or (C) Deviate sexual activity. (c) This section does not apply to a person or entity providing an electronic communications service to the public that is used by another person to violate this section, unless the person or entity providing an electronic communications service to the public: (1) Conspires with another person to violate this section; or (2) Knowingly aids and abets a violation of this section. Amended by Act 2017, No. 371,§ 1, eff. 8/1/2017. Acts 2005, No. 1776, § 1; 2007, No. 38, § 2; 2007, No. 827, §§ 36, 37.

(a) A person commits the offense of internet stalking of a child if the person being twenty-one (21) years of age or older knowingly uses a computer online service, internet service, local internet bulletin board service, or any means of electronic communication to: (1) Seduce, solicit, lure, or entice a child fifteen (15) years of age or younger in an effort to arrange a meeting with the child for the purpose of engaging in: (A) Sexual intercourse; (B) Sexually explicit conduct; or (C) Deviate sexual activity; (2) Seduce, solicit, lure, or entice an individual that the person believes to be fifteen (15) years of age or younger in an effort to arrange a meeting with the individual for the purpose of engaging in: (A) Sexual intercourse; (B) Sexually explicit conduct; or (C) Deviate sexual activity; (3) Compile, transmit, publish, reproduce, buy, sell, receive, exchange, or disseminate the name, telephone number, email address, residence address, picture, physical description, characteristics, or any other identifying information on a child fifteen (15) years of age or younger in furtherance of an effort to arrange a meeting with the child for the purpose of engaging in: (A) Sexual intercourse; (B) Sexually explicit conduct; or (C) Deviate sexual activity; (4) Compile, transmit, publish, reproduce, buy, sell, receive, exchange, or disseminate the name, telephone number, email address, residence address, picture, physical description, characteristics, or any other identifying information on an individual that the person believes to be fifteen (15) years of age or younger in furtherance of an effort to arrange a meeting with the individual for the purpose of engaging in: (A) Sexual intercourse; (B) Sexually explicit conduct; or (C) Deviate sexual activity; or (5) Arrange a meeting with another person who holds himself or herself out as the parent, guardian, family member, or other person of authority over a child fifteen (15) years of age or younger or an individual that the person believes to be fifteen (15) years of age or younger in order to seduce, solicit, lure, or entice the child fifteen (15) years of age or younger or an individual that the person believes to be fifteen (15) years of age or younger for the purpose of engaging in: (A) Sexual intercourse; (B) Sexually explicit conduct; or (C) Deviate sexual activity.

(1) Seduce, solicit, lure, or entice a child fifteen (15) years of age or younger in an effort to arrange a meeting with the child for the purpose of engaging in: (A) Sexual intercourse; (B) Sexually explicit conduct; or (C) Deviate sexual activity;

(A) Sexual intercourse;

(B) Sexually explicit conduct; or

(C) Deviate sexual activity;

(2) Seduce, solicit, lure, or entice an individual that the person believes to be fifteen (15) years of age or younger in an effort to arrange a meeting with the individual for the purpose of engaging in: (A) Sexual intercourse; (B) Sexually explicit conduct; or (C) Deviate sexual activity;

(A) Sexual intercourse;

(B) Sexually explicit conduct; or

(C) Deviate sexual activity;

(3) Compile, transmit, publish, reproduce, buy, sell, receive, exchange, or disseminate the name, telephone number, email address, residence address, picture, physical description, characteristics, or any other identifying information on a child fifteen (15) years of age or younger in furtherance of an effort to arrange a meeting with the child for the purpose of engaging in: (A) Sexual intercourse; (B) Sexually explicit conduct; or (C) Deviate sexual activity;

(A) Sexual intercourse;

(B) Sexually explicit conduct; or

(C) Deviate sexual activity;

(4) Compile, transmit, publish, reproduce, buy, sell, receive, exchange, or disseminate the name, telephone number, email address, residence address, picture, physical description, characteristics, or any other identifying information on an individual that the person believes to be fifteen (15) years of age or younger in furtherance of an effort to arrange a meeting with the individual for the purpose of engaging in: (A) Sexual intercourse; (B) Sexually explicit conduct; or (C) Deviate sexual activity; or

(A) Sexual intercourse;

(B) Sexually explicit conduct; or

(C) Deviate sexual activity; or

(5) Arrange a meeting with another person who holds himself or herself out as the parent, guardian, family member, or other person of authority over a child fifteen (15) years of age or younger or an individual that the person believes to be fifteen (15) years of age or younger in order to seduce, solicit, lure, or entice the child fifteen (15) years of age or younger or an individual that the person believes to be fifteen (15) years of age or younger for the purpose of engaging in: (A) Sexual intercourse; (B) Sexually explicit conduct; or (C) Deviate sexual activity.

(A) Sexual intercourse;

(B) Sexually explicit conduct; or

(C) Deviate sexual activity.

(b) Internet stalking of a child is a: (1) Class B felony if the person attempts to arrange a meeting with: (A) A child fifteen (15) years of age or younger, even if a meeting with the child never takes place; (B) An individual that the person believes to be fifteen (15) years of age or younger, even if a meeting with the individual never takes place; or (C) A person who holds himself or herself out as the parent, guardian, family member, or other person of authority over a child fifteen (15) years of age or younger or an individual that the person believes to be fifteen (15) years of age or younger, even if a meeting with the person never takes place; or (2) Class Y felony if the person arranges a meeting with a child fifteen (15) years of age or younger or an individual that the person believes to be fifteen (15) years of age or younger and an actual meeting with the child or the individual takes place, even if the person fails to engage the child or individual in: (A) Sexual intercourse; (B) Sexually explicit conduct; or (C) Deviate sexual activity.

(1) Class B felony if the person attempts to arrange a meeting with: (A) A child fifteen (15) years of age or younger, even if a meeting with the child never takes place; (B) An individual that the person believes to be fifteen (15) years of age or younger, even if a meeting with the individual never takes place; or (C) A person who holds himself or herself out as the parent, guardian, family member, or other person of authority over a child fifteen (15) years of age or younger or an individual that the person believes to be fifteen (15) years of age or younger, even if a meeting with the person never takes place; or

(A) A child fifteen (15) years of age or younger, even if a meeting with the child never takes place;

(B) An individual that the person believes to be fifteen (15) years of age or younger, even if a meeting with the individual never takes place; or

(C) A person who holds himself or herself out as the parent, guardian, family member, or other person of authority over a child fifteen (15) years of age or younger or an individual that the person believes to be fifteen (15) years of age or younger, even if a meeting with the person never takes place; or

(2) Class Y felony if the person arranges a meeting with a child fifteen (15) years of age or younger or an individual that the person believes to be fifteen (15) years of age or younger and an actual meeting with the child or the individual takes place, even if the person fails to engage the child or individual in: (A) Sexual intercourse; (B) Sexually explicit conduct; or (C) Deviate sexual activity.

(A) Sexual intercourse;

(B) Sexually explicit conduct; or

(C) Deviate sexual activity.

(c) This section does not apply to a person or entity providing an electronic communications service to the public that is used by another person to violate this section, unless the person or entity providing an electronic communications service to the public: (1) Conspires with another person to violate this section; or (2) Knowingly aids and abets a violation of this section.

(1) Conspires with another person to violate this section; or

(2) Knowingly aids and abets a violation of this section.

Amended by Act 2017, No. 371,§ 1, eff. 8/1/2017.

Acts 2005, No. 1776, § 1; 2007, No. 38, § 2; 2007, No. 827, §§ 36, 37.
Ark. Code Ann. § 5-73-211 — AR Code / Title 5 / Chapter 73 / Subchapter 2 / Section 5-73-211
Perpetrating or attempting crime
Status: in_force

Possession or use of a machine gun in the course of a criminal offense is a Class A felony. Acts 1935, No. 80, § 2; Pope's Dig., § 3515; A.S.A. 1947, § 41-3158; Acts 2005, No. 1994, § 414.

Possession or use of a machine gun in the course of a criminal offense is a Class A felony.

Acts 1935, No. 80, § 2; Pope's Dig., § 3515; A.S.A. 1947, § 41-3158; Acts 2005, No. 1994, § 414.
Ark. Code Ann. § 5-53-103 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-103
False swearing generally
Status: in_force

(a) A person commits false swearing if other than in an official proceeding he or she makes a false material statement, knowing it to be false, under an oath required or authorized by law or in an unsworn declaration under the Uniform Unsworn Foreign Declarations Act, § 16-2-201 et seq. (b) Lack of knowledge of the materiality of the statement is not a defense to a charge of false swearing. (c) False swearing is a Class A misdemeanor. Amended by Act 2017, No. 889,§ 2, eff. 8/1/2017. Acts 1975, No. 280, § 2603; A.S.A. 1947, § 41-2603.

(a) A person commits false swearing if other than in an official proceeding he or she makes a false material statement, knowing it to be false, under an oath required or authorized by law or in an unsworn declaration under the Uniform Unsworn Foreign Declarations Act, § 16-2-201 et seq.

(b) Lack of knowledge of the materiality of the statement is not a defense to a charge of false swearing.

(c) False swearing is a Class A misdemeanor.

Amended by Act 2017, No. 889,§ 2, eff. 8/1/2017.

Acts 1975, No. 280, § 2603; A.S.A. 1947, § 41-2603.
Ark. Code Ann. § 5-76-104 — AR Code / Title 5 / Chapter 76 / Section 5-76-104
[Repealed]
Status: repealed

Repealed by Act 2015, No. 299,§ 16, eff. 7/22/2015. Amended by Act 2013, No. 361,§ 18, eff. 8/16/2013. Amended by Act 2013, No. 361,§ 17, eff. 8/16/2013. Acts 1995, No. 518, §§ 7-10; 1997, No. 823, § 1; 2001, No. 561, §§ 28, 29.

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

Amended by Act 2013, No. 361,§ 18, eff. 8/16/2013.

Amended by Act 2013, No. 361,§ 17, eff. 8/16/2013.

Acts 1995, No. 518, §§ 7-10; 1997, No. 823, § 1; 2001, No. 561, §§ 28, 29.
Ark. Code Ann. § 5-27-608 — AR Code / Title 5 / Chapter 27 / Subchapter 6 / Section 5-27-608
Applicability of this subchapter to interactive computer service and electronic mail service providers
Status: in_force

An interactive computer service or electronic mail service provider does not violate this subchapter when the interactive computer service or electronic mail service provider is an intermediary between the sender and the recipient in the transmission of an electronic mail that violates this subchapter. Acts 2003, No. 1087, § 5.

An interactive computer service or electronic mail service provider does not violate this subchapter when the interactive computer service or electronic mail service provider is an intermediary between the sender and the recipient in the transmission of an electronic mail that violates this subchapter.

Acts 2003, No. 1087, § 5.
Ark. Code Ann. § 5-2-307 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-307
Admissibility of statements made during examination or treatment
Status: in_force

A statement made by a person during an examination or treatment is admissible as evidence only: (1) To the extent permitted by the Arkansas Rules of Evidence; and (2) If the statement is constitutionally admissible. Amended by Act 2017, No. 472,§ 6, eff. 8/1/2017. Acts 1975, No. 280, § 615; 1977, No. 360, § 3; A.S.A. 1947, § 41-615.

A statement made by a person during an examination or treatment is admissible as evidence only:

(1) To the extent permitted by the Arkansas Rules of Evidence; and

(2) If the statement is constitutionally admissible.

Amended by Act 2017, No. 472,§ 6, eff. 8/1/2017.

Acts 1975, No. 280, § 615; 1977, No. 360, § 3; A.S.A. 1947, § 41-615.
Ark. Code Ann. § 5-72-110 — AR Code / Title 5 / Chapter 72 / Section 5-72-110
Driving on levees - Destruction of barricades
Status: in_force

(a) If any public levee or any private levee is constructed and maintained for the purpose of protection against overflow, any person who drives any vehicle or rides on the levee without the consent of the owner, using the levee as a road bed, or who cuts, tears down, destroys, or injures a barricade, fence, or other construction erected or built for the protection of the levee, is guilty of a Class B misdemeanor. (b) The provisions of this section do not apply to an instance in which: (1) A road has been laid out by a lawful authority upon a levee that has ceased to be of any practical use to the county in the rear of the levee; or (2) A lawful authority has established a crossing over the levee. Acts 1873, No. 118, §§ 1-4, p. 282; 1875, No. 93, § 1, p. 210; 1893, No. 74, § 1, p. 118; 1899, No. 76, § 1, p. 130; C. & M. Dig., § 2750; Pope's Dig., § 3433; A.S.A. 1947, §§ 41-4060 -- 41-4063; Acts 2005, No. 1994, § 470.

(a) If any public levee or any private levee is constructed and maintained for the purpose of protection against overflow, any person who drives any vehicle or rides on the levee without the consent of the owner, using the levee as a road bed, or who cuts, tears down, destroys, or injures a barricade, fence, or other construction erected or built for the protection of the levee, is guilty of a Class B misdemeanor.

(b) The provisions of this section do not apply to an instance in which: (1) A road has been laid out by a lawful authority upon a levee that has ceased to be of any practical use to the county in the rear of the levee; or (2) A lawful authority has established a crossing over the levee.

(1) A road has been laid out by a lawful authority upon a levee that has ceased to be of any practical use to the county in the rear of the levee; or

(2) A lawful authority has established a crossing over the levee.

Acts 1873, No. 118, §§ 1-4, p. 282; 1875, No. 93, § 1, p. 210; 1893, No. 74, § 1, p. 118; 1899, No. 76, § 1, p. 130; C. & M. Dig., § 2750; Pope's Dig., § 3433; A.S.A. 1947, §§ 41-4060 -- 41-4063; Acts 2005, No. 1994, § 470.
Ark. Code Ann. § 5-37-203 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-203
Defrauding a secured creditor
Status: in_force

(a) (1) A person commits the offense of defrauding a secured creditor in the first degree if he or she destroys, removes, cancels, encumbers, transfers, or otherwise disposes of property subject to a security interest with the purpose to hinder enforcement of the security interest. (2) Defrauding a secured creditor in the first degree is a Class D felony. (b) (1) A person commits the offense of defrauding a secured creditor in the second degree if he or she uses motor vehicle insurance policy proceeds in excess of one thousand dollars ($1,000) obtained from a settlement of a property damage claim on a motor vehicle subject to a security interest in contravention of the security agreement that creates or provides for the security interest in the motor vehicle. (2) Defrauding a secured creditor in the second degree is a Class A misdemeanor. Acts 1975, No. 280, § 2304; A.S.A. 1947, § 41-2304; Acts 2009, No. 485, § 1.

(a) (1) A person commits the offense of defrauding a secured creditor in the first degree if he or she destroys, removes, cancels, encumbers, transfers, or otherwise disposes of property subject to a security interest with the purpose to hinder enforcement of the security interest. (2) Defrauding a secured creditor in the first degree is a Class D felony.

(1) A person commits the offense of defrauding a secured creditor in the first degree if he or she destroys, removes, cancels, encumbers, transfers, or otherwise disposes of property subject to a security interest with the purpose to hinder enforcement of the security interest.

(2) Defrauding a secured creditor in the first degree is a Class D felony.

(b) (1) A person commits the offense of defrauding a secured creditor in the second degree if he or she uses motor vehicle insurance policy proceeds in excess of one thousand dollars ($1,000) obtained from a settlement of a property damage claim on a motor vehicle subject to a security interest in contravention of the security agreement that creates or provides for the security interest in the motor vehicle. (2) Defrauding a secured creditor in the second degree is a Class A misdemeanor.

(1) A person commits the offense of defrauding a secured creditor in the second degree if he or she uses motor vehicle insurance policy proceeds in excess of one thousand dollars ($1,000) obtained from a settlement of a property damage claim on a motor vehicle subject to a security interest in contravention of the security agreement that creates or provides for the security interest in the motor vehicle.

(2) Defrauding a secured creditor in the second degree is a Class A misdemeanor.

Acts 1975, No. 280, § 2304; A.S.A. 1947, § 41-2304; Acts 2009, No. 485, § 1.
Ark. Code Ann. § 5-61-403 — AR Code / Title 5 / Chapter 61 / Subchapter 4 / Section 5-61-403
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Abortion" means the act of using, prescribing, administering, procuring, or selling of any instrument, medicine, drug, or any other substance, device, or means with the purpose to terminate the pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child. (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the purpose to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy; (2) "Fertilization" means the fusion of a human spermatozoon with a human ovum; (3) "Medical emergency" means a condition in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself; and (4) "Unborn child" means an individual organism of the species Homo sapiens from fertilization until live birth. Added by Act 2021, No. 309,§ 1, eff. 7/28/2021.

As used in this subchapter:

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

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

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

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

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

(iii) Remove an ectopic pregnancy;

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

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

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

Added by Act 2021, No. 309,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 5-51-302 — AR Code / Title 5 / Chapter 51 / Subchapter 3 / Section 5-51-302
Definitions
Status: in_force

As used in this subchapter: (1) "Highway" includes any private or public street, way, or other place used for travel to or from property; (2) "Highway commissioners" means any individual, board, or other body having authority under then-existing law to discontinue the use of the highway which it is desired to restrict or close to public use and travel; and (3) "Public utility" includes any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, railway, railroad, airplane, transportation, communication, or other system, owned or operated by anyone for public use. Acts 1941, No. 312, § 1B; A.S.A. 1947, § 41-3960.

As used in this subchapter:

(1) "Highway" includes any private or public street, way, or other place used for travel to or from property;

(2) "Highway commissioners" means any individual, board, or other body having authority under then-existing law to discontinue the use of the highway which it is desired to restrict or close to public use and travel; and

(3) "Public utility" includes any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, railway, railroad, airplane, transportation, communication, or other system, owned or operated by anyone for public use.

Acts 1941, No. 312, § 1B; A.S.A. 1947, § 41-3960.
Ark. Code Ann. § 5-60-112 — AR Code / Title 5 / Chapter 60 / Subchapter 1 / Section 5-60-112
Misconduct on bus
Status: in_force

(a) As used in this section: (1) "Bus" means any passenger bus or coach or other motor vehicle having a seating capacity of not fewer than fifteen (15) passengers operated by a bus transportation company for the purpose of carrying passengers or cargo for hire, but not to include a bus or coach utilized exclusively to transport children to and from schools; (2) (A) "Bus transportation company" means any person, group of persons, or corporation providing for-hire transport to passengers or cargo by a bus upon a highway of this state. (B) "Bus transportation company" includes a bus transportation facility owned or operated by a local public body, municipality, public corporation, board, and commission, except a school district established under the laws of this state. (C) "Bus transportation company" does not include a company utilizing a bus for transporting children to and from school; (3) "Charter" means a group of persons who, pursuant to a common purpose and under a single contract and at a fixed charge for the vehicle in accordance with a bus transportation company's tariff, have acquired the exclusive use of a bus to travel together as a group to a specified destination; and (4) (A) "Passenger" means any person served by a bus transportation company. (B) "Passenger" includes a person accompanying or meeting another person who is transported by a bus transportation company and any person shipping or receiving cargo. (b) It is unlawful while on a bus for any person to: (1) Threaten a breach of the peace; (2) Be under the influence of alcohol; (3) Be unlawfully under the influence of a controlled substance; (4) Ingest or have in his or her possession any controlled substance unless properly prescribed by a physician or medical facility; (5) Drink intoxicating liquor of any kind in or upon any passenger bus, except a chartered bus; or (6) Fail to obey a reasonable request or order of a bus driver or any authorized bus transportation company representative. (c) (1) If any person violates any provision of subsection (b) of this section, the driver of the bus or person in charge may: (A) Stop the bus at the place where the offense is committed or at the next regular or convenient stopping place of the bus; and (B) Require the person to leave the bus. (2) Any person violating any provision of subsection (b) of this section is deemed guilty of a Class C misdemeanor. Acts 1983, No. 688, §§ 1, 2; A.S.A. 1947, §§ 41-2924, 41-2925; Acts 2005, No. 1994, § 495.

(a) As used in this section: (1) "Bus" means any passenger bus or coach or other motor vehicle having a seating capacity of not fewer than fifteen (15) passengers operated by a bus transportation company for the purpose of carrying passengers or cargo for hire, but not to include a bus or coach utilized exclusively to transport children to and from schools; (2) (A) "Bus transportation company" means any person, group of persons, or corporation providing for-hire transport to passengers or cargo by a bus upon a highway of this state. (B) "Bus transportation company" includes a bus transportation facility owned or operated by a local public body, municipality, public corporation, board, and commission, except a school district established under the laws of this state. (C) "Bus transportation company" does not include a company utilizing a bus for transporting children to and from school; (3) "Charter" means a group of persons who, pursuant to a common purpose and under a single contract and at a fixed charge for the vehicle in accordance with a bus transportation company's tariff, have acquired the exclusive use of a bus to travel together as a group to a specified destination; and (4) (A) "Passenger" means any person served by a bus transportation company. (B) "Passenger" includes a person accompanying or meeting another person who is transported by a bus transportation company and any person shipping or receiving cargo.

(1) "Bus" means any passenger bus or coach or other motor vehicle having a seating capacity of not fewer than fifteen (15) passengers operated by a bus transportation company for the purpose of carrying passengers or cargo for hire, but not to include a bus or coach utilized exclusively to transport children to and from schools;

(2) (A) "Bus transportation company" means any person, group of persons, or corporation providing for-hire transport to passengers or cargo by a bus upon a highway of this state. (B) "Bus transportation company" includes a bus transportation facility owned or operated by a local public body, municipality, public corporation, board, and commission, except a school district established under the laws of this state. (C) "Bus transportation company" does not include a company utilizing a bus for transporting children to and from school;

(A) "Bus transportation company" means any person, group of persons, or corporation providing for-hire transport to passengers or cargo by a bus upon a highway of this state.

(B) "Bus transportation company" includes a bus transportation facility owned or operated by a local public body, municipality, public corporation, board, and commission, except a school district established under the laws of this state.

(C) "Bus transportation company" does not include a company utilizing a bus for transporting children to and from school;

(3) "Charter" means a group of persons who, pursuant to a common purpose and under a single contract and at a fixed charge for the vehicle in accordance with a bus transportation company's tariff, have acquired the exclusive use of a bus to travel together as a group to a specified destination; and

(4) (A) "Passenger" means any person served by a bus transportation company. (B) "Passenger" includes a person accompanying or meeting another person who is transported by a bus transportation company and any person shipping or receiving cargo.

(A) "Passenger" means any person served by a bus transportation company.

(B) "Passenger" includes a person accompanying or meeting another person who is transported by a bus transportation company and any person shipping or receiving cargo.

(b) It is unlawful while on a bus for any person to: (1) Threaten a breach of the peace; (2) Be under the influence of alcohol; (3) Be unlawfully under the influence of a controlled substance; (4) Ingest or have in his or her possession any controlled substance unless properly prescribed by a physician or medical facility; (5) Drink intoxicating liquor of any kind in or upon any passenger bus, except a chartered bus; or (6) Fail to obey a reasonable request or order of a bus driver or any authorized bus transportation company representative.

(1) Threaten a breach of the peace;

(2) Be under the influence of alcohol;

(3) Be unlawfully under the influence of a controlled substance;

(4) Ingest or have in his or her possession any controlled substance unless properly prescribed by a physician or medical facility;

(5) Drink intoxicating liquor of any kind in or upon any passenger bus, except a chartered bus; or

(6) Fail to obey a reasonable request or order of a bus driver or any authorized bus transportation company representative.

(c) (1) If any person violates any provision of subsection (b) of this section, the driver of the bus or person in charge may: (A) Stop the bus at the place where the offense is committed or at the next regular or convenient stopping place of the bus; and (B) Require the person to leave the bus. (2) Any person violating any provision of subsection (b) of this section is deemed guilty of a Class C misdemeanor.

(1) If any person violates any provision of subsection (b) of this section, the driver of the bus or person in charge may: (A) Stop the bus at the place where the offense is committed or at the next regular or convenient stopping place of the bus; and (B) Require the person to leave the bus.

(A) Stop the bus at the place where the offense is committed or at the next regular or convenient stopping place of the bus; and

(B) Require the person to leave the bus.

(2) Any person violating any provision of subsection (b) of this section is deemed guilty of a Class C misdemeanor.

Acts 1983, No. 688, §§ 1, 2; A.S.A. 1947, §§ 41-2924, 41-2925; Acts 2005, No. 1994, § 495.
Ark. Code Ann. § 5-2-312 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-312
Lack of criminal responsibility - Affirmative defense
Status: in_force

(a) (1) It is an affirmative defense to a prosecution that at the time the defendant engaged in the conduct charged he or she lacked criminal responsibility. (2) When the affirmative defense of lack of criminal responsibility is presented to a jury, prior to deliberations the jury shall be instructed regarding the disposition of a defendant acquitted due to the defendant's lack of criminal responsibility as described under § 5-2-314 . (b) When a defendant is acquitted on a ground of lack of criminal responsibility, the verdict and judgment shall state that the defendant was acquitted on a ground of lack of criminal responsibility. Amended by Act 2017, No. 472,§ 10, eff. 8/1/2017. Acts 1975, No. 280, § 601; A.S.A. 1947, § 41-601; Acts 2001, No. 248, § 1.

(a) (1) It is an affirmative defense to a prosecution that at the time the defendant engaged in the conduct charged he or she lacked criminal responsibility. (2) When the affirmative defense of lack of criminal responsibility is presented to a jury, prior to deliberations the jury shall be instructed regarding the disposition of a defendant acquitted due to the defendant's lack of criminal responsibility as described under § 5-2-314 .

(1) It is an affirmative defense to a prosecution that at the time the defendant engaged in the conduct charged he or she lacked criminal responsibility.

(2) When the affirmative defense of lack of criminal responsibility is presented to a jury, prior to deliberations the jury shall be instructed regarding the disposition of a defendant acquitted due to the defendant's lack of criminal responsibility as described under § 5-2-314 .

(b) When a defendant is acquitted on a ground of lack of criminal responsibility, the verdict and judgment shall state that the defendant was acquitted on a ground of lack of criminal responsibility.

Amended by Act 2017, No. 472,§ 10, eff. 8/1/2017.

Acts 1975, No. 280, § 601; A.S.A. 1947, § 41-601; Acts 2001, No. 248, § 1.
Ark. Code Ann. § 5-2-203 — AR Code / Title 5 / Chapter 2 / Subchapter 2 / Section 5-2-203
Culpable mental states - Interpretation of statutes
Status: in_force

(a) If a statute defining an offense prescribes a culpable mental state and does not clearly indicate that the culpable mental state applies to less than all of the elements of the offense, the prescribed culpable mental state applies to each element of the offense. (b) Except as provided in §§ 5-2-204(b) and (c) , if the statute defining an offense does not prescribe a culpable mental state, a culpable mental state is nonetheless required and is established only if a person acts purposely, knowingly, or recklessly. (c) (1) When a statute defining an offense provides that acting negligently suffices to establish an element of that offense, the element also is established if a person acts purposely, knowingly, or recklessly. (2) When acting recklessly suffices to establish an element, the element also is established if a person acts purposely or knowingly. (3) When acting knowingly suffices to establish an element, the element also is established if a person acts purposely. (d) Knowledge that conduct constitutes an offense or knowledge of the existence, meaning, or application of the statute defining an offense is not an element of an offense unless the statute clearly so provides. Acts 1975, No. 280, § 204; A.S.A. 1947, § 41-204.

(a) If a statute defining an offense prescribes a culpable mental state and does not clearly indicate that the culpable mental state applies to less than all of the elements of the offense, the prescribed culpable mental state applies to each element of the offense.

(b) Except as provided in §§ 5-2-204(b) and (c) , if the statute defining an offense does not prescribe a culpable mental state, a culpable mental state is nonetheless required and is established only if a person acts purposely, knowingly, or recklessly.

(c) (1) When a statute defining an offense provides that acting negligently suffices to establish an element of that offense, the element also is established if a person acts purposely, knowingly, or recklessly. (2) When acting recklessly suffices to establish an element, the element also is established if a person acts purposely or knowingly. (3) When acting knowingly suffices to establish an element, the element also is established if a person acts purposely.

(1) When a statute defining an offense provides that acting negligently suffices to establish an element of that offense, the element also is established if a person acts purposely, knowingly, or recklessly.

(2) When acting recklessly suffices to establish an element, the element also is established if a person acts purposely or knowingly.

(3) When acting knowingly suffices to establish an element, the element also is established if a person acts purposely.

(d) Knowledge that conduct constitutes an offense or knowledge of the existence, meaning, or application of the statute defining an offense is not an element of an offense unless the statute clearly so provides.

Acts 1975, No. 280, § 204; A.S.A. 1947, § 41-204.
Ark. Code Ann. § 5-53-109 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-109
Intimidating a witness
Status: in_force

(a) A person commits the offense of intimidating a witness if he or she threatens a witness or a person he or she believes may be called as a witness with the purpose of: (1) Influencing the testimony of that person; (2) Inducing that person to avoid legal process summoning that person to testify; or (3) Inducing that person to absent himself or herself from an official proceeding to which that person has been legally summoned. (b) Intimidating a witness is a Class B felony. Amended by Act 2019, No. 1017,§ 2, eff. 7/24/2019. Acts 1975, No. 280, § 2609; A.S.A. 1947, § 41-2609.

(a) A person commits the offense of intimidating a witness if he or she threatens a witness or a person he or she believes may be called as a witness with the purpose of: (1) Influencing the testimony of that person; (2) Inducing that person to avoid legal process summoning that person to testify; or (3) Inducing that person to absent himself or herself from an official proceeding to which that person has been legally summoned.

(1) Influencing the testimony of that person;

(2) Inducing that person to avoid legal process summoning that person to testify; or

(3) Inducing that person to absent himself or herself from an official proceeding to which that person has been legally summoned.

(b) Intimidating a witness is a Class B felony.

Amended by Act 2019, No. 1017,§ 2, eff. 7/24/2019.

Acts 1975, No. 280, § 2609; A.S.A. 1947, § 41-2609.
Ark. Code Ann. § 5-2-330 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-330
Examination by Division of Correction prohibited
Status: in_force

A defendant committed to and under the supervision of the Division of Correction who is charged in circuit court shall not undergo an examination or observation conducted under this subchapter by a psychiatrist or other mental health employee of the division to determine the mental condition of the defendant. Amended by Act 2019, No. 910,§ 645, eff. 7/1/2019. Added by Act 2017, No. 472,§ 17, eff. 8/1/2017.

A defendant committed to and under the supervision of the Division of Correction who is charged in circuit court shall not undergo an examination or observation conducted under this subchapter by a psychiatrist or other mental health employee of the division to determine the mental condition of the defendant.

Amended by Act 2019, No. 910,§ 645, eff. 7/1/2019.

Added by Act 2017, No. 472,§ 17, eff. 8/1/2017.
Ark. Code Ann. § 5-73-105 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-105
Legitimate manufacture, repair, and transportation of prohibited weapons
Status: in_force

Section 5 -73-104 shall not be construed to prohibit the manufacture, repair, transportation, or sale of the weapons enumerated in § 5-73-104 to or for an authorized representative of: (1) The armed forces; or (2) Any law enforcement agency. Acts 1975, No. 280, § 3105; A.S.A. 1947, § 41-3105.

Section 5 -73-104 shall not be construed to prohibit the manufacture, repair, transportation, or sale of the weapons enumerated in § 5-73-104 to or for an authorized representative of:

(1) The armed forces; or

(2) Any law enforcement agency.

Acts 1975, No. 280, § 3105; A.S.A. 1947, § 41-3105.
Ark. Code Ann. § 5-2-311 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-311
Lack of fitness to proceed - Motions without defendant's personal participation
Status: in_force

The fact that the defendant lacks fitness to proceed does not preclude through counsel and without the personal participation of the defendant any motion upon: (1) A ground that the: (A) Indictment is insufficient; (B) Statute of limitations has run; or (C) Prosecution is barred by a former prosecution; or (2) Any other ground that the court deems susceptible of fair determination prior to trial. Acts 1975, No. 280, § 608; A.S.A. 1947, § 41-608.

The fact that the defendant lacks fitness to proceed does not preclude through counsel and without the personal participation of the defendant any motion upon:

(1) A ground that the: (A) Indictment is insufficient; (B) Statute of limitations has run; or (C) Prosecution is barred by a former prosecution; or

(A) Indictment is insufficient;

(B) Statute of limitations has run; or

(C) Prosecution is barred by a former prosecution; or

(2) Any other ground that the court deems susceptible of fair determination prior to trial.

Acts 1975, No. 280, § 608; A.S.A. 1947, § 41-608.
Ark. Code Ann. § 5-65-305 — AR Code / Title 5 / Chapter 65 / Subchapter 3 / Section 5-65-305
Fines
Status: in_force

(a) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-303 or § 5-65-310 shall be fined: (1) Not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for a first offense; (2) Not less than two hundred dollars ($200) and not more than one thousand dollars ($1,000) for a second offense; and (3) Not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000) for a third or subsequent offense. (b) (1) For the purpose of determining a person's fine under this section, a conviction or suspension for violating § 5-65-103 or § 5-65-205 may be considered a previous offense. (2) However, a conviction or suspension for § 5-65-103 or § 5-65-205 is considered only one (1) previous offense if the conviction or suspension arose out of the same criminal offense. Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015. Acts 1993, No. 863, § 5; 1999, No. 1077, § 17.

(a) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-303 or § 5-65-310 shall be fined: (1) Not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for a first offense; (2) Not less than two hundred dollars ($200) and not more than one thousand dollars ($1,000) for a second offense; and (3) Not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000) for a third or subsequent offense.

(1) Not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for a first offense;

(2) Not less than two hundred dollars ($200) and not more than one thousand dollars ($1,000) for a second offense; and

(3) Not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000) for a third or subsequent offense.

(b) (1) For the purpose of determining a person's fine under this section, a conviction or suspension for violating § 5-65-103 or § 5-65-205 may be considered a previous offense. (2) However, a conviction or suspension for § 5-65-103 or § 5-65-205 is considered only one (1) previous offense if the conviction or suspension arose out of the same criminal offense.

(1) For the purpose of determining a person's fine under this section, a conviction or suspension for violating § 5-65-103 or § 5-65-205 may be considered a previous offense.

(2) However, a conviction or suspension for § 5-65-103 or § 5-65-205 is considered only one (1) previous offense if the conviction or suspension arose out of the same criminal offense.

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

Acts 1993, No. 863, § 5; 1999, No. 1077, § 17.
Ark. Code Ann. § 5-64-1112 — AR Code / Title 5 / Chapter 64 / Subchapter 11 / Section 5-64-1112
Penalty for unauthorized disclosure and unauthorized access
Status: in_force

(a) A person commits an offense if he or she knowingly: (1) Releases or discloses to any unauthorized person any confidential information collected and maintained under § 5-64-1107 or § 5-64-1108 ; or (2) Obtains confidential information for a purpose not authorized by § 5-64-1107 or § 5-64-1108 . (b) A violation of subsection (a) of this section is a Class A misdemeanor. Acts 2007, No. 508, §, 3.

(a) A person commits an offense if he or she knowingly: (1) Releases or discloses to any unauthorized person any confidential information collected and maintained under § 5-64-1107 or § 5-64-1108 ; or (2) Obtains confidential information for a purpose not authorized by § 5-64-1107 or § 5-64-1108 .

(1) Releases or discloses to any unauthorized person any confidential information collected and maintained under § 5-64-1107 or § 5-64-1108 ; or

(2) Obtains confidential information for a purpose not authorized by § 5-64-1107 or § 5-64-1108 .

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

Acts 2007, No. 508, §, 3.
Ark. Code Ann. § 5-54-118 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-118
Furnishing implement for unauthorized departure
Status: in_force

(a) A person commits the offense of furnishing an implement for unauthorized departure if, with the purpose of facilitating an unauthorized departure, he or she: (1) Introduces an implement for unauthorized departure into the Arkansas State Hospital or a youth services program; or (2) Provides a person detained in the Arkansas State Hospital or a youth services program with an implement for unauthorized departure. (b) (1) Furnishing an implement for unauthorized departure is a Class C felony if the implement furnished is a deadly weapon. (2) Otherwise, furnishing an implement for unauthorized departure is a Class A misdemeanor. Acts 1975, No. 280, § 2818; A.S.A. 1947, § 41-2818; Acts 2005, No. 1994, § 257.

(a) A person commits the offense of furnishing an implement for unauthorized departure if, with the purpose of facilitating an unauthorized departure, he or she: (1) Introduces an implement for unauthorized departure into the Arkansas State Hospital or a youth services program; or (2) Provides a person detained in the Arkansas State Hospital or a youth services program with an implement for unauthorized departure.

(1) Introduces an implement for unauthorized departure into the Arkansas State Hospital or a youth services program; or

(2) Provides a person detained in the Arkansas State Hospital or a youth services program with an implement for unauthorized departure.

(b) (1) Furnishing an implement for unauthorized departure is a Class C felony if the implement furnished is a deadly weapon. (2) Otherwise, furnishing an implement for unauthorized departure is a Class A misdemeanor.

(1) Furnishing an implement for unauthorized departure is a Class C felony if the implement furnished is a deadly weapon.

(2) Otherwise, furnishing an implement for unauthorized departure is a Class A misdemeanor.

Acts 1975, No. 280, § 2818; A.S.A. 1947, § 41-2818; Acts 2005, No. 1994, § 257.
Ark. Code Ann. § 5-63-201 — AR Code / Title 5 / Chapter 63 / Subchapter 2 / Section 5-63-201
[Repealed]
Status: repealed

Repealed by Act 2023, No. 590,§ 2, eff. 4/11/2023. Amended by Act 2015, No. 860,§ 2, eff. 7/22/2015. Acts 1955, No. 51, §§ 1, 2; A.S.A. 1947, §§ 41-4151, 41-4152; Acts 1987, No. 21, § 1; 1993, No. 565, § 1; 2005, No. 1994, § 53.

Repealed by Act 2023, No. 590,§ 2, eff. 4/11/2023.

Amended by Act 2015, No. 860,§ 2, eff. 7/22/2015.

Acts 1955, No. 51, §§ 1, 2; A.S.A. 1947, §§ 41-4151, 41-4152; Acts 1987, No. 21, § 1; 1993, No. 565, § 1; 2005, No. 1994, § 53.
Ark. Code Ann. § 5-36-105 — AR Code / Title 5 / Chapter 36 / Subchapter 1 / Section 5-36-105
Theft of property lost, mislaid, or delivered by mistake
Status: in_force

(a) A person commits theft of property lost, mislaid, or delivered by mistake if the person: (1) Comes into control of property of another person; (2) Retains or disposes of the property when the person knows the property to have been lost, mislaid, or delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property; and (3) With the purpose of depriving any person having an interest in the property, the person fails to take a reasonable measure to restore the property to a person entitled to it. (b) Theft of property lost, mislaid, or delivered by mistake is a: (1) Class D felony if the value of the property is one thousand dollars ($1,000) or more; (2) Class B misdemeanor if: (A) The value of the property is less than one thousand dollars ($1,000) but more than five hundred dollars ($500); or (B) The property is a: (i) Credit card or credit card account number; or (ii) Debit card or debit card account number; or (3) Class C misdemeanor if otherwise committed. Acts 1975, No. 280, § 2205; A.S.A. 1947, § 41-2205; Acts 1997, No. 516, § 2; 1997, No. 518, § 2; 2003, No. 838, § 2.

(a) A person commits theft of property lost, mislaid, or delivered by mistake if the person: (1) Comes into control of property of another person; (2) Retains or disposes of the property when the person knows the property to have been lost, mislaid, or delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property; and (3) With the purpose of depriving any person having an interest in the property, the person fails to take a reasonable measure to restore the property to a person entitled to it.

(1) Comes into control of property of another person;

(2) Retains or disposes of the property when the person knows the property to have been lost, mislaid, or delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property; and

(3) With the purpose of depriving any person having an interest in the property, the person fails to take a reasonable measure to restore the property to a person entitled to it.

(b) Theft of property lost, mislaid, or delivered by mistake is a: (1) Class D felony if the value of the property is one thousand dollars ($1,000) or more; (2) Class B misdemeanor if: (A) The value of the property is less than one thousand dollars ($1,000) but more than five hundred dollars ($500); or (B) The property is a: (i) Credit card or credit card account number; or (ii) Debit card or debit card account number; or (3) Class C misdemeanor if otherwise committed.

(1) Class D felony if the value of the property is one thousand dollars ($1,000) or more;

(2) Class B misdemeanor if: (A) The value of the property is less than one thousand dollars ($1,000) but more than five hundred dollars ($500); or (B) The property is a: (i) Credit card or credit card account number; or (ii) Debit card or debit card account number; or

(A) The value of the property is less than one thousand dollars ($1,000) but more than five hundred dollars ($500); or

(B) The property is a: (i) Credit card or credit card account number; or (ii) Debit card or debit card account number; or

(i) Credit card or credit card account number; or

(ii) Debit card or debit card account number; or

(3) Class C misdemeanor if otherwise committed.

Acts 1975, No. 280, § 2205; A.S.A. 1947, § 41-2205; Acts 1997, No. 516, § 2; 1997, No. 518, § 2; 2003, No. 838, § 2.
Ark. Code Ann. § 5-39-302 — AR Code / Title 5 / Chapter 39 / Subchapter 3 / Section 5-39-302
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1348,§ 4, eff. 8/16/2013. Acts 1969, No. 338, §§ 1, 3; 1975, No. 197, § 4; A.S.A. 1947, §§ 41-2055, 41-2057; Acts 1999, No. 1029, § 2; 2005, No. 1994, § 49.

Repealed by Act 2013, No. 1348,§ 4, eff. 8/16/2013.

Acts 1969, No. 338, §§ 1, 3; 1975, No. 197, § 4; A.S.A. 1947, §§ 41-2055, 41-2057; Acts 1999, No. 1029, § 2; 2005, No. 1994, § 49.
Ark. Code Ann. § 5-54-133 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-133
Improper use of or altering the state seal
Status: in_force

(a) As used in this section, "state seal" means the Seal of the State of Arkansas described in § 1-4-108(a) . (b) A person commits improper use of or altering the state seal if the person knowingly uses the state seal or an altered version of the state seal in a private, nongovernmental written communication to another person with the purpose to injure, defraud, harass, intimidate, or coerce the other person, and the actor: (1) Assumes a false identity; (2) Pretends to be a representative of a state or local agency; (3) Pretends to be an officer or employee of the government; or (4) Attempts to collect a debt the actor contends is owed to the actor or another person or organization. (c) Improper use of or altering the state seal is a Class A misdemeanor. (d) A prosecution under this section does not preclude a prosecution or civil action under § 4-88-101 et seq. Added by Act 2017, No. 590,§ 1, eff. 8/1/2017.

(a) As used in this section, "state seal" means the Seal of the State of Arkansas described in § 1-4-108(a) .

(b) A person commits improper use of or altering the state seal if the person knowingly uses the state seal or an altered version of the state seal in a private, nongovernmental written communication to another person with the purpose to injure, defraud, harass, intimidate, or coerce the other person, and the actor: (1) Assumes a false identity; (2) Pretends to be a representative of a state or local agency; (3) Pretends to be an officer or employee of the government; or (4) Attempts to collect a debt the actor contends is owed to the actor or another person or organization.

(1) Assumes a false identity;

(2) Pretends to be a representative of a state or local agency;

(3) Pretends to be an officer or employee of the government; or

(4) Attempts to collect a debt the actor contends is owed to the actor or another person or organization.

(c) Improper use of or altering the state seal is a Class A misdemeanor.

(d) A prosecution under this section does not preclude a prosecution or civil action under § 4-88-101 et seq.

Added by Act 2017, No. 590,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 5-64-1108 — AR Code / Title 5 / Chapter 64 / Subchapter 11 / Section 5-64-1108
Authorized access to the real-time electronic logbook
Status: in_force

The Arkansas Crime Information Center shall provide access to the real-time electronic logbook to the following: (1) Any person authorized to prescribe or dispense products containing ephedrine, pseudoephedrine, or phenylpropanolamine for the purpose of providing medical care or pharmaceutical care; (2) A local, state, or federal law enforcement official or a local, state, or federal prosecutor; (3) A local, state, or federal official who requests access for the purpose of facilitating a product recall necessary for the protection of the public health and safety; and (4) The Arkansas State Board of Pharmacy for the purpose of investigating a suspicious transaction, as allowed under § 5-64-1006 . Acts 2007, No. 508, § 3.

The Arkansas Crime Information Center shall provide access to the real-time electronic logbook to the following:

(1) Any person authorized to prescribe or dispense products containing ephedrine, pseudoephedrine, or phenylpropanolamine for the purpose of providing medical care or pharmaceutical care;

(2) A local, state, or federal law enforcement official or a local, state, or federal prosecutor;

(3) A local, state, or federal official who requests access for the purpose of facilitating a product recall necessary for the protection of the public health and safety; and

(4) The Arkansas State Board of Pharmacy for the purpose of investigating a suspicious transaction, as allowed under § 5-64-1006 .

Acts 2007, No. 508, § 3.
Ark. Code Ann. § 5-62-124 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-124
Unlawful bear exploitation
Status: in_force

(a) A person commits the offense of unlawful bear exploitation if he or she knowingly: (1) Promotes, engages in, or is employed at a bear wrestling match; (2) Receives money for the admission of another person to a place kept for bear wrestling; (3) Sells, purchases, possesses, or trains a bear for bear wrestling; or (4) For purposes of exploitation, subjects a bear to surgical alteration in any form, including, but not limited to, declawing, tooth removal, and severing tendons. (b) Unlawful bear exploitation is a Class D felony. (c) Upon the arrest of any person for violating a provision of this section, the arresting law enforcement officer or animal control officer may seize and take custody of any bear in the possession of the arrested person. (d) (1) Upon the conviction of any person for violating a provision of this section, any court of competent jurisdiction may order the forfeiture by the convicted person of any bear the use of which was the basis of the conviction. (2) Any bear ordered forfeited under a provision of this section shall be placed in the custody of a society which is incorporated for the prevention of cruelty to animals. (e) In addition to the fines, penalties, and forfeitures imposed under a provision of this section, the court may require the defendant to make restitution to the state, any of its political subdivisions, or a society which is incorporated for the prevention of cruelty to animals for housing, feeding, or providing medical treatment to a bear used for unlawful wrestling. Acts 1989, No. 346, § 1.

(a) A person commits the offense of unlawful bear exploitation if he or she knowingly: (1) Promotes, engages in, or is employed at a bear wrestling match; (2) Receives money for the admission of another person to a place kept for bear wrestling; (3) Sells, purchases, possesses, or trains a bear for bear wrestling; or (4) For purposes of exploitation, subjects a bear to surgical alteration in any form, including, but not limited to, declawing, tooth removal, and severing tendons.

(1) Promotes, engages in, or is employed at a bear wrestling match;

(2) Receives money for the admission of another person to a place kept for bear wrestling;

(3) Sells, purchases, possesses, or trains a bear for bear wrestling; or

(4) For purposes of exploitation, subjects a bear to surgical alteration in any form, including, but not limited to, declawing, tooth removal, and severing tendons.

(b) Unlawful bear exploitation is a Class D felony.

(c) Upon the arrest of any person for violating a provision of this section, the arresting law enforcement officer or animal control officer may seize and take custody of any bear in the possession of the arrested person.

(d) (1) Upon the conviction of any person for violating a provision of this section, any court of competent jurisdiction may order the forfeiture by the convicted person of any bear the use of which was the basis of the conviction. (2) Any bear ordered forfeited under a provision of this section shall be placed in the custody of a society which is incorporated for the prevention of cruelty to animals.

(1) Upon the conviction of any person for violating a provision of this section, any court of competent jurisdiction may order the forfeiture by the convicted person of any bear the use of which was the basis of the conviction.

(2) Any bear ordered forfeited under a provision of this section shall be placed in the custody of a society which is incorporated for the prevention of cruelty to animals.

(e) In addition to the fines, penalties, and forfeitures imposed under a provision of this section, the court may require the defendant to make restitution to the state, any of its political subdivisions, or a society which is incorporated for the prevention of cruelty to animals for housing, feeding, or providing medical treatment to a bear used for unlawful wrestling.

Acts 1989, No. 346, § 1.
Ark. Code Ann. § 5-71-211 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-211
Threatening a fire or bombing
Status: in_force

(a) A person commits the offense of threatening a fire or bombing if he or she purposely threatens damage or injury to the person or property of another person by bombing, fire, or other means, in a manner likely to: (1) Place another person in reasonable apprehension of: (A) Physical injury to that person or another person; or (B) Damage to that person's property or to the property of another person; or (2) Create public alarm. (b) (1) Threatening a fire or bombing is a Class D felony if physical injury to a person results. (2) Otherwise, threatening a fire or bombing is a Class A misdemeanor. Acts 1975, No. 280, § 2912; A.S.A. 1947, § 41-2912.

(a) A person commits the offense of threatening a fire or bombing if he or she purposely threatens damage or injury to the person or property of another person by bombing, fire, or other means, in a manner likely to: (1) Place another person in reasonable apprehension of: (A) Physical injury to that person or another person; or (B) Damage to that person's property or to the property of another person; or (2) Create public alarm.

(1) Place another person in reasonable apprehension of: (A) Physical injury to that person or another person; or (B) Damage to that person's property or to the property of another person; or

(A) Physical injury to that person or another person; or

(B) Damage to that person's property or to the property of another person; or

(2) Create public alarm.

(b) (1) Threatening a fire or bombing is a Class D felony if physical injury to a person results. (2) Otherwise, threatening a fire or bombing is a Class A misdemeanor.

(1) Threatening a fire or bombing is a Class D felony if physical injury to a person results.

(2) Otherwise, threatening a fire or bombing is a Class A misdemeanor.

Acts 1975, No. 280, § 2912; A.S.A. 1947, § 41-2912.
Ark. Code Ann. § 5-41-101 — AR Code / Title 5 / Chapter 41 / Subchapter 1 / Section 5-41-101
Purpose
Status: in_force

It is found and determined that: (1) Computer-related crime poses a major problem for business and government; (2) Losses for each incident of computer-related crime are potentially astronomical; (3) The opportunities for computer-related crime in business and government through the introduction of fraudulent records into a computer system, the unauthorized use of computers, the alteration or destruction of computerized information or files, and the stealing of financial instruments, data, and other assets are great; (4) Computer-related crime has a direct effect on state commerce; and (5) While various forms of computer-related crime might possibly be the subject of criminal charges based on other provisions of law, it is appropriate and desirable that a statute be enacted which deals directly with computer-related crime. Acts 1987, No. 908, § 1.

It is found and determined that:

(1) Computer-related crime poses a major problem for business and government;

(2) Losses for each incident of computer-related crime are potentially astronomical;

(3) The opportunities for computer-related crime in business and government through the introduction of fraudulent records into a computer system, the unauthorized use of computers, the alteration or destruction of computerized information or files, and the stealing of financial instruments, data, and other assets are great;

(4) Computer-related crime has a direct effect on state commerce; and

(5) While various forms of computer-related crime might possibly be the subject of criminal charges based on other provisions of law, it is appropriate and desirable that a statute be enacted which deals directly with computer-related crime.

Acts 1987, No. 908, § 1.
Ark. Code Ann. § 5-73-131 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-131
Possession or use of weapons by incarcerated persons
Status: in_force

(a) A person commits the offense of possession or use of weapons by incarcerated persons if, without approval of custodial authority he or she uses, possesses, makes, repairs, sells, or otherwise deals in any weapon, including, but not limited to, any bomb, firearm, knife, or other implement for the infliction of serious physical injury or death and that serves no common lawful purpose, while incarcerated in the Division of Correction, the Division of Community Correction, or a county or municipal jail or detention facility. (b) Possession or use of weapons by incarcerated persons is a Class D felony. (c) This section is not applicable to possession of a weapon by an incarcerated person before he or she completes the standard booking and search procedures in a jail facility after arrest. Amended by Act 2019, No. 910,§ 682, eff. 7/1/2019. Acts 1995, No. 443, § 1; 1995, No. 453, § 1.

(a) A person commits the offense of possession or use of weapons by incarcerated persons if, without approval of custodial authority he or she uses, possesses, makes, repairs, sells, or otherwise deals in any weapon, including, but not limited to, any bomb, firearm, knife, or other implement for the infliction of serious physical injury or death and that serves no common lawful purpose, while incarcerated in the Division of Correction, the Division of Community Correction, or a county or municipal jail or detention facility.

(b) Possession or use of weapons by incarcerated persons is a Class D felony.

(c) This section is not applicable to possession of a weapon by an incarcerated person before he or she completes the standard booking and search procedures in a jail facility after arrest.

Amended by Act 2019, No. 910,§ 682, eff. 7/1/2019.

Acts 1995, No. 443, § 1; 1995, No. 453, § 1.
Ark. Code Ann. § 5-37-201 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-201
Forgery
Status: in_force

(a) A person forges a written instrument if, with purpose to defraud, the person makes, completes, alters, counterfeits, possesses, or utters any written instrument that purports to be or is calculated to become or to represent if completed the act of: (1) A person who did not authorize that act; (2) A fictitious person; or (3) A person who authorized an act that was not authorized by law. (b) A person commits forgery in the first degree if he or she forges a written instrument that is: (1) Money, a security, a postage or revenue stamp, or other instrument issued by a government; or (2) A stock, bond, or similar instrument representing an interest in property or a claim against a corporation or its property. (c) A person commits forgery in the second degree if he or she forges a written instrument that is: (1) A deed, will, codicil, contract, assignment, check, commercial instrument, credit card, or other written instrument that does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status; (2) A public record, or an instrument filed or required by law to be filed, or an instrument legally entitled to be filed in a public office or with a public servant; or (3) A written instrument officially issued or created by a public office, public servant, or government agent. (d) Forgery in the first degree is a Class B felony. (e) Forgery in the second degree is a Class C felony. Amended by Act 2013, No. 1515,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 2302; A.S.A. 1947, § 41-2302.

(a) A person forges a written instrument if, with purpose to defraud, the person makes, completes, alters, counterfeits, possesses, or utters any written instrument that purports to be or is calculated to become or to represent if completed the act of: (1) A person who did not authorize that act; (2) A fictitious person; or (3) A person who authorized an act that was not authorized by law.

(1) A person who did not authorize that act;

(2) A fictitious person; or

(3) A person who authorized an act that was not authorized by law.

(b) A person commits forgery in the first degree if he or she forges a written instrument that is: (1) Money, a security, a postage or revenue stamp, or other instrument issued by a government; or (2) A stock, bond, or similar instrument representing an interest in property or a claim against a corporation or its property.

(1) Money, a security, a postage or revenue stamp, or other instrument issued by a government; or

(2) A stock, bond, or similar instrument representing an interest in property or a claim against a corporation or its property.

(c) A person commits forgery in the second degree if he or she forges a written instrument that is: (1) A deed, will, codicil, contract, assignment, check, commercial instrument, credit card, or other written instrument that does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status; (2) A public record, or an instrument filed or required by law to be filed, or an instrument legally entitled to be filed in a public office or with a public servant; or (3) A written instrument officially issued or created by a public office, public servant, or government agent.

(1) A deed, will, codicil, contract, assignment, check, commercial instrument, credit card, or other written instrument that does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status;

(2) A public record, or an instrument filed or required by law to be filed, or an instrument legally entitled to be filed in a public office or with a public servant; or

(3) A written instrument officially issued or created by a public office, public servant, or government agent.

(d) Forgery in the first degree is a Class B felony.

(e) Forgery in the second degree is a Class C felony.

Amended by Act 2013, No. 1515,§ 1, eff. 8/16/2013.

Acts 1975, No. 280, § 2302; A.S.A. 1947, § 41-2302.
Ark. Code Ann. § 5-37-403 — AR Code / Title 5 / Chapter 37 / Subchapter 4 / Section 5-37-403
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1263,§ 13, eff. 7/22/2015. Acts 1985, No. 781, § 3; A.S.A. 1947, § 41-2212; Acts 1997, No. 348, § 2; 2003, No. 1806, § 3.

Repealed by Act 2015, No. 1263,§ 13, eff. 7/22/2015.

Acts 1985, No. 781, § 3; A.S.A. 1947, § 41-2212; Acts 1997, No. 348, § 2; 2003, No. 1806, § 3.
Ark. Code Ann. § 5-55-501 — AR Code / Title 5 / Chapter 55 / Subchapter 5 / Section 5-55-501
Lottery fraud
Status: in_force

(a) As used in this subchapter: (1) "Lottery" means the same as defined in § 23-115-103 of the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.; and (2) "Ticket or share" means the same as defined in § 23-115-103 of the Arkansas Scholarship Lottery Act, § 23-115-101 et seq. (b) A person commits the offense of lottery fraud if he or she: (1) Falsely makes, alters, forges, utters, passes, or counterfeits a ticket or share in a lottery with a purpose to defraud the Office of the Arkansas Lottery; or (2) Purposely influences the winning of a lottery prize through the use of coercion, fraud, deception, or tampering with lottery equipment or materials. (c) A violation of this section is a Class D felony. (d) In addition to the fine for a conviction under § 5-4-201 , a person convicted of a violation of this section is subject to an additional fine of not more than fifty thousand dollars ($50,000). Amended by Act 2015, No. 218,§ 2, eff. 2/26/2015. Acts 2011, No. 207, § 1.

(a) As used in this subchapter: (1) "Lottery" means the same as defined in § 23-115-103 of the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.; and (2) "Ticket or share" means the same as defined in § 23-115-103 of the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.

(1) "Lottery" means the same as defined in § 23-115-103 of the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.; and

(2) "Ticket or share" means the same as defined in § 23-115-103 of the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.

(b) A person commits the offense of lottery fraud if he or she: (1) Falsely makes, alters, forges, utters, passes, or counterfeits a ticket or share in a lottery with a purpose to defraud the Office of the Arkansas Lottery; or (2) Purposely influences the winning of a lottery prize through the use of coercion, fraud, deception, or tampering with lottery equipment or materials.

(1) Falsely makes, alters, forges, utters, passes, or counterfeits a ticket or share in a lottery with a purpose to defraud the Office of the Arkansas Lottery; or

(2) Purposely influences the winning of a lottery prize through the use of coercion, fraud, deception, or tampering with lottery equipment or materials.

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

(d) In addition to the fine for a conviction under § 5-4-201 , a person convicted of a violation of this section is subject to an additional fine of not more than fifty thousand dollars ($50,000).

Amended by Act 2015, No. 218,§ 2, eff. 2/26/2015.

Acts 2011, No. 207, § 1.
Ark. Code Ann. § 5-64-1203 — AR Code / Title 5 / Chapter 64 / Subchapter 12 / Section 5-64-1203
Exemptions
Status: in_force

(a) A prohibitive provision in this subchapter does not apply to the possession and use of a substance listed in § 5-64-1201(b) that is prescribed as part of the practice of dentistry or as part of the care or treatment of a disease, condition, or injury by a licensed physician or to its use as part of a manufacturing process or industrial operation. (b) A prohibitive provision in this subchapter shall not apply to the possession, use, or sale of nitrous oxide as a propellant in food preparation for restaurant, food service, or a houseware product. Acts 1997, No. 355, § 3; 2007, No. 827, § 74.

(a) A prohibitive provision in this subchapter does not apply to the possession and use of a substance listed in § 5-64-1201(b) that is prescribed as part of the practice of dentistry or as part of the care or treatment of a disease, condition, or injury by a licensed physician or to its use as part of a manufacturing process or industrial operation.

(b) A prohibitive provision in this subchapter shall not apply to the possession, use, or sale of nitrous oxide as a propellant in food preparation for restaurant, food service, or a houseware product.

Acts 1997, No. 355, § 3; 2007, No. 827, § 74.