Ark. Code Ann. § 5-41-201 — AR Code / Title 5 / Chapter 41 / Subchapter 2 / Section 5-41-201
Definitions
Status: in_force

As used in this subchapter: (1) "Access" means to intercept, instruct, communicate with, store data in, retrieve from, or otherwise make use of any resource of a computer, network, or data; (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, 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) (A) "Computer contaminant" means any data, information, image, program, signal, or sound that is designed or has the capability to: (i) Contaminate, corrupt, consume, damage, destroy, disrupt, modify, record, or transmit; or (ii) Cause to be contaminated, corrupted, consumed, damaged, destroyed, disrupted, modified, recorded, or transmitted any other data, information, image, program, signal, or sound contained in a computer, system, or network without the knowledge or consent of the person who owns the other data, information, image, program, signal, or sound or the computer, system, or network. (B) "Computer contaminant" includes, but is not limited to: (i) A virus, worm, or trojan horse; or (ii) Any other similar data, information, image, program, signal, or sound that is designed or has the capability to prevent, impede, delay, or disrupt the normal operation or use of any component, device, equipment, system, or network; (4) "Data" means a representation of any form of information, knowledge, a fact, concept, or an instruction that is being prepared or has been formally prepared and is intended to be processed, is being processed, or has been processed in a system or network; (5) "Encryption" means the use of any protection or disruptive measure, including without limitation cryptography, enciphering, encoding, or a computer contaminant to: (A) Prevent, impede, delay, or disrupt access to any data, information, image, program, signal, or sound; (B) Cause or make any data, information, image, program, signal, or sound unintelligible or unusable; or (C) Prevent, impede, delay, or disrupt the normal operation or use of any component, device, equipment, system, or network; (6) "Information service" means a service that is designed or has the capability to generate, process, store, retrieve, convey, emit, transmit, receive, relay, record, or reproduce any data, information, image, program, signal, or sound by means of any component, device, equipment, system, or network, including, but not limited to, by means of: (A) A computer, computer system, computer network, modem, or scanner; (B) A telephone, cellular phone, satellite phone, pager, personal communications device, or facsimile machine; (C) Any type of transmitter or receiver; or (D) Any other component, device, equipment, system, or network that uses analog, digital, electronic, electromagnetic, magnetic, or optical technology; (7) "Internet service provider" means any provider that provides a subscriber with access to the Internet or an electronic mail address, or both; (8) (A) "Network" means a set of related and remotely connected devices and facilities, including more than one (1) system, with the capability to transmit data among any of the devices and facilities. (B) "Network" includes, but is not limited to, a local, regional, or global computer network; (9) "Program" means an ordered set of data representing coded instructions or statements that can be executed by a computer and cause the computer to perform one (1) or more tasks; (10) "Property" means anything of value and includes a financial instrument, information, electronically produced data, program, and any other tangible or intangible item of value; (11) "Provider" means any person who provides an information service; and (12) "System" means a set of related equipment, whether or not connected, that is used with or for a computer. Acts 2001, No. 1496, § 2.

As used in this subchapter:

(1) "Access" means to intercept, instruct, communicate with, store data in, retrieve from, or otherwise make use of any resource of a computer, network, or data;

(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, 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, 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) (A) "Computer contaminant" means any data, information, image, program, signal, or sound that is designed or has the capability to: (i) Contaminate, corrupt, consume, damage, destroy, disrupt, modify, record, or transmit; or (ii) Cause to be contaminated, corrupted, consumed, damaged, destroyed, disrupted, modified, recorded, or transmitted any other data, information, image, program, signal, or sound contained in a computer, system, or network without the knowledge or consent of the person who owns the other data, information, image, program, signal, or sound or the computer, system, or network. (B) "Computer contaminant" includes, but is not limited to: (i) A virus, worm, or trojan horse; or (ii) Any other similar data, information, image, program, signal, or sound that is designed or has the capability to prevent, impede, delay, or disrupt the normal operation or use of any component, device, equipment, system, or network;

(A) "Computer contaminant" means any data, information, image, program, signal, or sound that is designed or has the capability to: (i) Contaminate, corrupt, consume, damage, destroy, disrupt, modify, record, or transmit; or (ii) Cause to be contaminated, corrupted, consumed, damaged, destroyed, disrupted, modified, recorded, or transmitted any other data, information, image, program, signal, or sound contained in a computer, system, or network without the knowledge or consent of the person who owns the other data, information, image, program, signal, or sound or the computer, system, or network.

(i) Contaminate, corrupt, consume, damage, destroy, disrupt, modify, record, or transmit; or

(ii) Cause to be contaminated, corrupted, consumed, damaged, destroyed, disrupted, modified, recorded, or transmitted any other data, information, image, program, signal, or sound contained in a computer, system, or network without the knowledge or consent of the person who owns the other data, information, image, program, signal, or sound or the computer, system, or network.

(B) "Computer contaminant" includes, but is not limited to: (i) A virus, worm, or trojan horse; or (ii) Any other similar data, information, image, program, signal, or sound that is designed or has the capability to prevent, impede, delay, or disrupt the normal operation or use of any component, device, equipment, system, or network;

(i) A virus, worm, or trojan horse; or

(ii) Any other similar data, information, image, program, signal, or sound that is designed or has the capability to prevent, impede, delay, or disrupt the normal operation or use of any component, device, equipment, system, or network;

(4) "Data" means a representation of any form of information, knowledge, a fact, concept, or an instruction that is being prepared or has been formally prepared and is intended to be processed, is being processed, or has been processed in a system or network;

(5) "Encryption" means the use of any protection or disruptive measure, including without limitation cryptography, enciphering, encoding, or a computer contaminant to: (A) Prevent, impede, delay, or disrupt access to any data, information, image, program, signal, or sound; (B) Cause or make any data, information, image, program, signal, or sound unintelligible or unusable; or (C) Prevent, impede, delay, or disrupt the normal operation or use of any component, device, equipment, system, or network;

(A) Prevent, impede, delay, or disrupt access to any data, information, image, program, signal, or sound;

(B) Cause or make any data, information, image, program, signal, or sound unintelligible or unusable; or

(C) Prevent, impede, delay, or disrupt the normal operation or use of any component, device, equipment, system, or network;

(6) "Information service" means a service that is designed or has the capability to generate, process, store, retrieve, convey, emit, transmit, receive, relay, record, or reproduce any data, information, image, program, signal, or sound by means of any component, device, equipment, system, or network, including, but not limited to, by means of: (A) A computer, computer system, computer network, modem, or scanner; (B) A telephone, cellular phone, satellite phone, pager, personal communications device, or facsimile machine; (C) Any type of transmitter or receiver; or (D) Any other component, device, equipment, system, or network that uses analog, digital, electronic, electromagnetic, magnetic, or optical technology;

(A) A computer, computer system, computer network, modem, or scanner;

(B) A telephone, cellular phone, satellite phone, pager, personal communications device, or facsimile machine;

(C) Any type of transmitter or receiver; or

(D) Any other component, device, equipment, system, or network that uses analog, digital, electronic, electromagnetic, magnetic, or optical technology;

(7) "Internet service provider" means any provider that provides a subscriber with access to the Internet or an electronic mail address, or both;

(8) (A) "Network" means a set of related and remotely connected devices and facilities, including more than one (1) system, with the capability to transmit data among any of the devices and facilities. (B) "Network" includes, but is not limited to, a local, regional, or global computer network;

(A) "Network" means a set of related and remotely connected devices and facilities, including more than one (1) system, with the capability to transmit data among any of the devices and facilities.

(B) "Network" includes, but is not limited to, a local, regional, or global computer network;

(9) "Program" means an ordered set of data representing coded instructions or statements that can be executed by a computer and cause the computer to perform one (1) or more tasks;

(10) "Property" means anything of value and includes a financial instrument, information, electronically produced data, program, and any other tangible or intangible item of value;

(11) "Provider" means any person who provides an information service; and

(12) "System" means a set of related equipment, whether or not connected, that is used with or for a computer.

Acts 2001, No. 1496, § 2.
Ark. Code Ann. § 5-27-501 — AR Code / Title 5 / Chapter 27 / Subchapter 5 / Section 5-27-501
Purposes
Status: in_force

(a) The primary purpose of this subchapter is to prohibit the production, sale, or distribution of a fraudulent or altered identification document to a person under twenty-one (21) years of age to prevent the use of the fraudulent or altered identification document to unlawfully purchase an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law. (b) The secondary purpose of this subchapter is to assign criminal liability to a person under twenty-one (21) years of age utilizing a fraudulent identification document for the purpose of unlawfully purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law. Acts 1991, No. 567, § 1.

(a) The primary purpose of this subchapter is to prohibit the production, sale, or distribution of a fraudulent or altered identification document to a person under twenty-one (21) years of age to prevent the use of the fraudulent or altered identification document to unlawfully purchase an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law.

(b) The secondary purpose of this subchapter is to assign criminal liability to a person under twenty-one (21) years of age utilizing a fraudulent identification document for the purpose of unlawfully purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law.

Acts 1991, No. 567, § 1.
Ark. Code Ann. § 5-4-607 — AR Code / Title 5 / Chapter 4 / Subchapter 6 / Section 5-4-607
Application for executive clemency - Regulations
Status: in_force

(a) The pardon of a person convicted of capital murder, § 5-10-101 , or of a Class Y felony, Class A felony, or Class B felony, or the commutation of a sentence of a person convicted of capital murder, § 5-10-101 , or of a Class Y felony, Class A felony, or Class B felony, may be granted only in the manner provided in this section. (b) (1) A copy of the application for pardon or commutation shall be filed with: (A) The Secretary of State; (B) The Attorney General; (C) The sheriff of the county where the offense was committed; (D) The prosecuting attorney of the judicial district where the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that prosecuting attorney; (E) The circuit judge presiding over the proceedings at which the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that circuit judge; and (F) The victim of the crime or the victim's next of kin, if he or she files a request for notice with the prosecuting attorney. (2) (A) The application shall set forth a ground upon which the pardon or commutation is sought. (B) If the application involves a conviction for capital murder, § 5-10-101 , a notice of the application shall be published by two (2) insertions, separated by a minimum of seven (7) days, in a newspaper of general circulation in the county or counties where the offense or offenses of the applicant were committed. (c) On granting an application for pardon or commutation, the Governor shall: (1) Include in his or her written order the reason for the granting of the application; and (2) File with the House of Representatives and the Senate a copy of his or her written order which shall state the: (A) Applicant's name; (B) Offense of which the applicant was convicted and the sentence imposed; (C) Date of the judgment imposing the sentence; and (D) Effective date of the pardon or commutation. (d) A person sentenced to death or to life imprisonment without parole is not eligible for parole and shall not be paroled. (e) If the sentence of a person sentenced to death or life imprisonment without parole is commuted by the Governor to a term of years, the person shall not be paroled, nor shall the length of his or her incarceration be reduced in any way to less than the full term of years specified in the order of commutation or in any subsequent order of commutation. (f) A reprieve may be granted as presently provided by law. Acts 1975, No. 280, § 1306; 1977, No. 474, § 13; A.S.A. 1947, § 41-1306; Acts 1991, No. 706, § 1; 1993, No. 741, § 1; 1999, No. 498, § 1; 2001, No. 201, § 1; 2003, No. 1169, § 1; 2005, No. 1975, § 1; 2005, No. 2097, § 1.

(a) The pardon of a person convicted of capital murder, § 5-10-101 , or of a Class Y felony, Class A felony, or Class B felony, or the commutation of a sentence of a person convicted of capital murder, § 5-10-101 , or of a Class Y felony, Class A felony, or Class B felony, may be granted only in the manner provided in this section.

(b) (1) A copy of the application for pardon or commutation shall be filed with: (A) The Secretary of State; (B) The Attorney General; (C) The sheriff of the county where the offense was committed; (D) The prosecuting attorney of the judicial district where the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that prosecuting attorney; (E) The circuit judge presiding over the proceedings at which the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that circuit judge; and (F) The victim of the crime or the victim's next of kin, if he or she files a request for notice with the prosecuting attorney. (2) (A) The application shall set forth a ground upon which the pardon or commutation is sought. (B) If the application involves a conviction for capital murder, § 5-10-101 , a notice of the application shall be published by two (2) insertions, separated by a minimum of seven (7) days, in a newspaper of general circulation in the county or counties where the offense or offenses of the applicant were committed.

(1) A copy of the application for pardon or commutation shall be filed with: (A) The Secretary of State; (B) The Attorney General; (C) The sheriff of the county where the offense was committed; (D) The prosecuting attorney of the judicial district where the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that prosecuting attorney; (E) The circuit judge presiding over the proceedings at which the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that circuit judge; and (F) The victim of the crime or the victim's next of kin, if he or she files a request for notice with the prosecuting attorney.

(A) The Secretary of State;

(B) The Attorney General;

(C) The sheriff of the county where the offense was committed;

(D) The prosecuting attorney of the judicial district where the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that prosecuting attorney;

(E) The circuit judge presiding over the proceedings at which the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that circuit judge; and

(F) The victim of the crime or the victim's next of kin, if he or she files a request for notice with the prosecuting attorney.

(2) (A) The application shall set forth a ground upon which the pardon or commutation is sought. (B) If the application involves a conviction for capital murder, § 5-10-101 , a notice of the application shall be published by two (2) insertions, separated by a minimum of seven (7) days, in a newspaper of general circulation in the county or counties where the offense or offenses of the applicant were committed.

(A) The application shall set forth a ground upon which the pardon or commutation is sought.

(B) If the application involves a conviction for capital murder, § 5-10-101 , a notice of the application shall be published by two (2) insertions, separated by a minimum of seven (7) days, in a newspaper of general circulation in the county or counties where the offense or offenses of the applicant were committed.

(c) On granting an application for pardon or commutation, the Governor shall: (1) Include in his or her written order the reason for the granting of the application; and (2) File with the House of Representatives and the Senate a copy of his or her written order which shall state the: (A) Applicant's name; (B) Offense of which the applicant was convicted and the sentence imposed; (C) Date of the judgment imposing the sentence; and (D) Effective date of the pardon or commutation.

(1) Include in his or her written order the reason for the granting of the application; and

(2) File with the House of Representatives and the Senate a copy of his or her written order which shall state the: (A) Applicant's name; (B) Offense of which the applicant was convicted and the sentence imposed; (C) Date of the judgment imposing the sentence; and (D) Effective date of the pardon or commutation.

(A) Applicant's name;

(B) Offense of which the applicant was convicted and the sentence imposed;

(C) Date of the judgment imposing the sentence; and

(D) Effective date of the pardon or commutation.

(d) A person sentenced to death or to life imprisonment without parole is not eligible for parole and shall not be paroled.

(e) If the sentence of a person sentenced to death or life imprisonment without parole is commuted by the Governor to a term of years, the person shall not be paroled, nor shall the length of his or her incarceration be reduced in any way to less than the full term of years specified in the order of commutation or in any subsequent order of commutation.

(f) A reprieve may be granted as presently provided by law.

Acts 1975, No. 280, § 1306; 1977, No. 474, § 13; A.S.A. 1947, § 41-1306; Acts 1991, No. 706, § 1; 1993, No. 741, § 1; 1999, No. 498, § 1; 2001, No. 201, § 1; 2003, No. 1169, § 1; 2005, No. 1975, § 1; 2005, No. 2097, § 1.
Ark. Code Ann. § 5-36-122 — AR Code / Title 5 / Chapter 36 / Subchapter 1 / Section 5-36-122
Motion picture piracy
Status: in_force

(a) As used in this section: (1) "Audiovisual recording function" means the capability of a device to record or transmit an image, a sound, or any part of an image or sound; (2) "Motion picture" means any series of images projected on a film screen or displayed in or on any other matter in successive and slightly changed positions so as to produce the optical effect of a continuous picture in which the images move; and (3) "Motion picture theater" means any movie theater, screening room, or other venue utilized primarily for the exhibition of a motion picture that has been produced for commercial distribution. (b) A person commits motion picture piracy if, without the consent of the motion picture theater owner or lessee, the person operates the audiovisual recording function of any device in a motion picture theater while a motion picture is being exhibited with the purpose of recording an image or sound of the motion picture. (c) (1) (A) An owner, a lessee, or an employee of a motion picture theater who reasonably suspects a person of committing motion picture piracy in the motion picture theater may detain the person in a reasonable manner and for a reasonable length of time in order to identify the person and to transfer custody of the person to a law enforcement officer. (B) A detention conducted in a reasonable manner and for a reasonable length of time by an owner, a lessee, or an employee of the motion picture theater does not render the owner, lessee, or employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. (2) (A) Upon detention of a person under this section, an owner, a lessee, or an employee of the motion picture theater shall promptly and without delay contact a law enforcement agency, and the owner, lessee, or employee of the motion picture theater shall release the person to the custody of the responding law enforcement officer. (B) The owner, lessee, or employee of a motion picture theater who observed the person reasonably suspected of committing the offense of motion picture piracy shall provide a written statement to the responding law enforcement officer and the written statement serves as probable cause to justify an arrest. (3) (A) A law enforcement officer may arrest a person without a warrant upon probable cause for believing the person has committed the offense of motion picture piracy. (B) Upon arrest by a law enforcement officer, the arrested person shall be afforded the opportunity to make a bond or recognizance as in other criminal cases. (d) This section does not prevent any investigative officer, law enforcement officer, protective officer, intelligence officer, employee, or agent of a local municipal, county, state, or federal government from operating any audiovisual recording device in a motion picture theater as part of a lawfully authorized investigative, law enforcement, protective, or intelligence gathering activity. (e) Motion picture piracy is a Class A misdemeanor. Acts 2005, No. 1932, § 1.

(a) As used in this section: (1) "Audiovisual recording function" means the capability of a device to record or transmit an image, a sound, or any part of an image or sound; (2) "Motion picture" means any series of images projected on a film screen or displayed in or on any other matter in successive and slightly changed positions so as to produce the optical effect of a continuous picture in which the images move; and (3) "Motion picture theater" means any movie theater, screening room, or other venue utilized primarily for the exhibition of a motion picture that has been produced for commercial distribution.

(1) "Audiovisual recording function" means the capability of a device to record or transmit an image, a sound, or any part of an image or sound;

(2) "Motion picture" means any series of images projected on a film screen or displayed in or on any other matter in successive and slightly changed positions so as to produce the optical effect of a continuous picture in which the images move; and

(3) "Motion picture theater" means any movie theater, screening room, or other venue utilized primarily for the exhibition of a motion picture that has been produced for commercial distribution.

(b) A person commits motion picture piracy if, without the consent of the motion picture theater owner or lessee, the person operates the audiovisual recording function of any device in a motion picture theater while a motion picture is being exhibited with the purpose of recording an image or sound of the motion picture.

(c) (1) (A) An owner, a lessee, or an employee of a motion picture theater who reasonably suspects a person of committing motion picture piracy in the motion picture theater may detain the person in a reasonable manner and for a reasonable length of time in order to identify the person and to transfer custody of the person to a law enforcement officer. (B) A detention conducted in a reasonable manner and for a reasonable length of time by an owner, a lessee, or an employee of the motion picture theater does not render the owner, lessee, or employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. (2) (A) Upon detention of a person under this section, an owner, a lessee, or an employee of the motion picture theater shall promptly and without delay contact a law enforcement agency, and the owner, lessee, or employee of the motion picture theater shall release the person to the custody of the responding law enforcement officer. (B) The owner, lessee, or employee of a motion picture theater who observed the person reasonably suspected of committing the offense of motion picture piracy shall provide a written statement to the responding law enforcement officer and the written statement serves as probable cause to justify an arrest. (3) (A) A law enforcement officer may arrest a person without a warrant upon probable cause for believing the person has committed the offense of motion picture piracy. (B) Upon arrest by a law enforcement officer, the arrested person shall be afforded the opportunity to make a bond or recognizance as in other criminal cases.

(1) (A) An owner, a lessee, or an employee of a motion picture theater who reasonably suspects a person of committing motion picture piracy in the motion picture theater may detain the person in a reasonable manner and for a reasonable length of time in order to identify the person and to transfer custody of the person to a law enforcement officer. (B) A detention conducted in a reasonable manner and for a reasonable length of time by an owner, a lessee, or an employee of the motion picture theater does not render the owner, lessee, or employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(A) An owner, a lessee, or an employee of a motion picture theater who reasonably suspects a person of committing motion picture piracy in the motion picture theater may detain the person in a reasonable manner and for a reasonable length of time in order to identify the person and to transfer custody of the person to a law enforcement officer.

(B) A detention conducted in a reasonable manner and for a reasonable length of time by an owner, a lessee, or an employee of the motion picture theater does not render the owner, lessee, or employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(2) (A) Upon detention of a person under this section, an owner, a lessee, or an employee of the motion picture theater shall promptly and without delay contact a law enforcement agency, and the owner, lessee, or employee of the motion picture theater shall release the person to the custody of the responding law enforcement officer. (B) The owner, lessee, or employee of a motion picture theater who observed the person reasonably suspected of committing the offense of motion picture piracy shall provide a written statement to the responding law enforcement officer and the written statement serves as probable cause to justify an arrest.

(A) Upon detention of a person under this section, an owner, a lessee, or an employee of the motion picture theater shall promptly and without delay contact a law enforcement agency, and the owner, lessee, or employee of the motion picture theater shall release the person to the custody of the responding law enforcement officer.

(B) The owner, lessee, or employee of a motion picture theater who observed the person reasonably suspected of committing the offense of motion picture piracy shall provide a written statement to the responding law enforcement officer and the written statement serves as probable cause to justify an arrest.

(3) (A) A law enforcement officer may arrest a person without a warrant upon probable cause for believing the person has committed the offense of motion picture piracy. (B) Upon arrest by a law enforcement officer, the arrested person shall be afforded the opportunity to make a bond or recognizance as in other criminal cases.

(A) A law enforcement officer may arrest a person without a warrant upon probable cause for believing the person has committed the offense of motion picture piracy.

(B) Upon arrest by a law enforcement officer, the arrested person shall be afforded the opportunity to make a bond or recognizance as in other criminal cases.

(d) This section does not prevent any investigative officer, law enforcement officer, protective officer, intelligence officer, employee, or agent of a local municipal, county, state, or federal government from operating any audiovisual recording device in a motion picture theater as part of a lawfully authorized investigative, law enforcement, protective, or intelligence gathering activity.

(e) Motion picture piracy is a Class A misdemeanor.

Acts 2005, No. 1932, § 1.
Ark. Code Ann. § 5-36-123 — AR Code / Title 5 / Chapter 36 / Subchapter 1 / Section 5-36-123
Theft of scrap metal
Status: in_force

(a) As used in this section: (1) "Building material" means scrap metal used in the construction or rebuilding of a building or a structure; (2) "Costs of incidental damage" means the total amount of money damages suffered by an owner of scrap metal as a direct result of the theft of the scrap metal, including lost income, lost profits, and costs of repair or replacement of property damage; (3) "Incidental damage" means loss of income, loss of profit, or property damage; (4) "Permitted construction site" means the site of construction, alteration, painting, or repair of a building or a structure for which a building permit has been issued by a city of the first class, a city of the second class, an incorporated town, or a county; (5) "Public safety agency" means an agency of the State of Arkansas or a functional division of a political subdivision that provides: (A) Firefighting and rescue; (B) Response to natural or human-caused disaster or a major emergency; (C) Law enforcement; or (D) Ambulance or emergency medical services; (6) "Public safety device" includes, but is not limited to, a traffic-signaling device or a railroad-crossing device; (7) "Scrap metal" means copper, copper alloy, copper utility wire, any bronze, or any aluminum as described in § 17-44-101 et seq.; (8) "Utility" means any person or entity providing to the public gas, electricity, water, sewer, telephone, telegraph, radio, radio common carrier, railway, railroad, cable and broadcast television, video, or internet services; and (9) "Utility property" means any component that is reasonably necessary to provide utility services, including without limitation any wire, pole, facility, machinery, tool, equipment, cable, insulator, switch, signal, duct, fiber optic cable, conduit, plant, work, system, substation, transmission or distribution structure, line, street lighting fixture, generating plant, equipment, pipe, main, transformer, underground line, gas compressor, meter, or any other building or structure or part of a building or structure that a utility uses in the production or use of its services. (b) A person commits theft of scrap metal if he or she commits, aids, or is an accomplice to a commission of theft of property under § 5-36-103(a) and the property is scrap metal. (c) Theft of scrap metal is a: (1) Class B felony if: (A) The value of the property is twenty-five thousand dollars ($25,000) or more; (B) The property is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person; (C) The property is obtained by threat and the actor stands in a confidential or fiduciary relationship to the person threatened; or (D) The property is utility property and the value of the property is five hundred dollars ($500) 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); (B) The property is obtained by threat; (C) The property is building material obtained from a permitted construction site and the value of the building material is five hundred dollars ($500) or more; or (D) The value of the property is five hundred dollars ($500) or more and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; (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 value of the property is at least one hundred dollars ($100) but less than five hundred dollars ($500) and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; or (C) The property is an apparatus connected to a farm shop, on-farm grain drying and storage complex, heating and cooling system, environmental control system, animal production facility, irrigation system, or dwelling; or (4) Class A misdemeanor if: (A) The value of the property is one thousand dollars ($1,000) or less; or (B) The property has inherent, subjective, or idiosyncratic value to its owner or possessor even if the property has no market value or replacement cost. (d) (1) The penalty for theft of scrap metal is enhanced if, upon the proclamation of a state of emergency by the President of the United States or the Governor or upon the declaration of a local emergency by the executive officer of any city or county and for a period of thirty (30) days following that declaration, the property is: (A) A generator intended for use by: (i) A public facility; (ii) A nursing home or hospital; (iii) An airport; (iv) A public safety device; (v) A communication tower or facility; (vi) A public utility; (vii) A water system or sewer system; (viii) A public safety agency; or (ix) Any other facility or entity providing a vital service; or (B) Any other equipment used in the transmission of electric power or telephone service. (2) The penalty is enhanced as follows: (A) (i) The fine for the offense shall be at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000). (ii) The fine is mandatory; and (B) The offense is a Class D felony if it otherwise would have been a Class A misdemeanor. (e) Upon conviction of a person for theft of scrap metal, the classification and penalty range shall be increased by one (1) classification if: (1) The person caused incidental damage to the owner of the scrap metal or the property of the owner of the scrap metal while committing the theft of scrap metal and the costs of incidental damage were more than two hundred fifty dollars ($250); or (2) The person transported the scrap metal across state lines to sell or dispose of the scrap metal. Amended by Act 2015, No. 1263,§ 6, eff. 7/22/2015. Amended by Act 2013, No. 1354,§ 2, eff. 8/16/2013. Acts 2007, No. 630, § 1.

(a) As used in this section: (1) "Building material" means scrap metal used in the construction or rebuilding of a building or a structure; (2) "Costs of incidental damage" means the total amount of money damages suffered by an owner of scrap metal as a direct result of the theft of the scrap metal, including lost income, lost profits, and costs of repair or replacement of property damage; (3) "Incidental damage" means loss of income, loss of profit, or property damage; (4) "Permitted construction site" means the site of construction, alteration, painting, or repair of a building or a structure for which a building permit has been issued by a city of the first class, a city of the second class, an incorporated town, or a county; (5) "Public safety agency" means an agency of the State of Arkansas or a functional division of a political subdivision that provides: (A) Firefighting and rescue; (B) Response to natural or human-caused disaster or a major emergency; (C) Law enforcement; or (D) Ambulance or emergency medical services; (6) "Public safety device" includes, but is not limited to, a traffic-signaling device or a railroad-crossing device; (7) "Scrap metal" means copper, copper alloy, copper utility wire, any bronze, or any aluminum as described in § 17-44-101 et seq.; (8) "Utility" means any person or entity providing to the public gas, electricity, water, sewer, telephone, telegraph, radio, radio common carrier, railway, railroad, cable and broadcast television, video, or internet services; and (9) "Utility property" means any component that is reasonably necessary to provide utility services, including without limitation any wire, pole, facility, machinery, tool, equipment, cable, insulator, switch, signal, duct, fiber optic cable, conduit, plant, work, system, substation, transmission or distribution structure, line, street lighting fixture, generating plant, equipment, pipe, main, transformer, underground line, gas compressor, meter, or any other building or structure or part of a building or structure that a utility uses in the production or use of its services.

(1) "Building material" means scrap metal used in the construction or rebuilding of a building or a structure;

(2) "Costs of incidental damage" means the total amount of money damages suffered by an owner of scrap metal as a direct result of the theft of the scrap metal, including lost income, lost profits, and costs of repair or replacement of property damage;

(3) "Incidental damage" means loss of income, loss of profit, or property damage;

(4) "Permitted construction site" means the site of construction, alteration, painting, or repair of a building or a structure for which a building permit has been issued by a city of the first class, a city of the second class, an incorporated town, or a county;

(5) "Public safety agency" means an agency of the State of Arkansas or a functional division of a political subdivision that provides: (A) Firefighting and rescue; (B) Response to natural or human-caused disaster or a major emergency; (C) Law enforcement; or (D) Ambulance or emergency medical services;

(A) Firefighting and rescue;

(B) Response to natural or human-caused disaster or a major emergency;

(C) Law enforcement; or

(D) Ambulance or emergency medical services;

(6) "Public safety device" includes, but is not limited to, a traffic-signaling device or a railroad-crossing device;

(7) "Scrap metal" means copper, copper alloy, copper utility wire, any bronze, or any aluminum as described in § 17-44-101 et seq.;

(8) "Utility" means any person or entity providing to the public gas, electricity, water, sewer, telephone, telegraph, radio, radio common carrier, railway, railroad, cable and broadcast television, video, or internet services; and

(9) "Utility property" means any component that is reasonably necessary to provide utility services, including without limitation any wire, pole, facility, machinery, tool, equipment, cable, insulator, switch, signal, duct, fiber optic cable, conduit, plant, work, system, substation, transmission or distribution structure, line, street lighting fixture, generating plant, equipment, pipe, main, transformer, underground line, gas compressor, meter, or any other building or structure or part of a building or structure that a utility uses in the production or use of its services.

(b) A person commits theft of scrap metal if he or she commits, aids, or is an accomplice to a commission of theft of property under § 5-36-103(a) and the property is scrap metal.

(c) Theft of scrap metal is a: (1) Class B felony if: (A) The value of the property is twenty-five thousand dollars ($25,000) or more; (B) The property is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person; (C) The property is obtained by threat and the actor stands in a confidential or fiduciary relationship to the person threatened; or (D) The property is utility property and the value of the property is five hundred dollars ($500) 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); (B) The property is obtained by threat; (C) The property is building material obtained from a permitted construction site and the value of the building material is five hundred dollars ($500) or more; or (D) The value of the property is five hundred dollars ($500) or more and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; (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 value of the property is at least one hundred dollars ($100) but less than five hundred dollars ($500) and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; or (C) The property is an apparatus connected to a farm shop, on-farm grain drying and storage complex, heating and cooling system, environmental control system, animal production facility, irrigation system, or dwelling; or (4) Class A misdemeanor if: (A) The value of the property is one thousand dollars ($1,000) or less; or (B) The property has inherent, subjective, or idiosyncratic value to its owner or possessor even if the property has no market value or replacement cost.

(1) Class B felony if: (A) The value of the property is twenty-five thousand dollars ($25,000) or more; (B) The property is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person; (C) The property is obtained by threat and the actor stands in a confidential or fiduciary relationship to the person threatened; or (D) The property is utility property and the value of the property is five hundred dollars ($500) or more;

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

(B) The property is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person;

(C) The property is obtained by threat and the actor stands in a confidential or fiduciary relationship to the person threatened; or

(D) The property is utility property and the value of the property is five hundred dollars ($500) 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); (B) The property is obtained by threat; (C) The property is building material obtained from a permitted construction site and the value of the building material is five hundred dollars ($500) or more; or (D) The value of the property is five hundred dollars ($500) or more and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county;

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

(B) The property is obtained by threat;

(C) The property is building material obtained from a permitted construction site and the value of the building material is five hundred dollars ($500) or more; or

(D) The value of the property is five hundred dollars ($500) or more and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county;

(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 value of the property is at least one hundred dollars ($100) but less than five hundred dollars ($500) and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; or (C) The property is an apparatus connected to a farm shop, on-farm grain drying and storage complex, heating and cooling system, environmental control system, animal production facility, irrigation system, or dwelling; 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 value of the property is at least one hundred dollars ($100) but less than five hundred dollars ($500) and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; or

(C) The property is an apparatus connected to a farm shop, on-farm grain drying and storage complex, heating and cooling system, environmental control system, animal production facility, irrigation system, or dwelling; or

(4) Class A misdemeanor if: (A) The value of the property is one thousand dollars ($1,000) or less; or (B) The property has inherent, subjective, or idiosyncratic value to its owner or possessor even if the property has no market value or replacement cost.

(A) The value of the property is one thousand dollars ($1,000) or less; or

(B) The property has inherent, subjective, or idiosyncratic value to its owner or possessor even if the property has no market value or replacement cost.

(d) (1) The penalty for theft of scrap metal is enhanced if, upon the proclamation of a state of emergency by the President of the United States or the Governor or upon the declaration of a local emergency by the executive officer of any city or county and for a period of thirty (30) days following that declaration, the property is: (A) A generator intended for use by: (i) A public facility; (ii) A nursing home or hospital; (iii) An airport; (iv) A public safety device; (v) A communication tower or facility; (vi) A public utility; (vii) A water system or sewer system; (viii) A public safety agency; or (ix) Any other facility or entity providing a vital service; or (B) Any other equipment used in the transmission of electric power or telephone service. (2) The penalty is enhanced as follows: (A) (i) The fine for the offense shall be at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000). (ii) The fine is mandatory; and (B) The offense is a Class D felony if it otherwise would have been a Class A misdemeanor.

(1) The penalty for theft of scrap metal is enhanced if, upon the proclamation of a state of emergency by the President of the United States or the Governor or upon the declaration of a local emergency by the executive officer of any city or county and for a period of thirty (30) days following that declaration, the property is: (A) A generator intended for use by: (i) A public facility; (ii) A nursing home or hospital; (iii) An airport; (iv) A public safety device; (v) A communication tower or facility; (vi) A public utility; (vii) A water system or sewer system; (viii) A public safety agency; or (ix) Any other facility or entity providing a vital service; or (B) Any other equipment used in the transmission of electric power or telephone service.

(A) A generator intended for use by: (i) A public facility; (ii) A nursing home or hospital; (iii) An airport; (iv) A public safety device; (v) A communication tower or facility; (vi) A public utility; (vii) A water system or sewer system; (viii) A public safety agency; or (ix) Any other facility or entity providing a vital service; or

(i) A public facility;

(ii) A nursing home or hospital;

(iii) An airport;

(iv) A public safety device;

(v) A communication tower or facility;

(vi) A public utility;

(vii) A water system or sewer system;

(viii) A public safety agency; or

(ix) Any other facility or entity providing a vital service; or

(B) Any other equipment used in the transmission of electric power or telephone service.

(2) The penalty is enhanced as follows: (A) (i) The fine for the offense shall be at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000). (ii) The fine is mandatory; and (B) The offense is a Class D felony if it otherwise would have been a Class A misdemeanor.

(A) (i) The fine for the offense shall be at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000). (ii) The fine is mandatory; and

(i) The fine for the offense shall be at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000).

(ii) The fine is mandatory; and

(B) The offense is a Class D felony if it otherwise would have been a Class A misdemeanor.

(e) Upon conviction of a person for theft of scrap metal, the classification and penalty range shall be increased by one (1) classification if: (1) The person caused incidental damage to the owner of the scrap metal or the property of the owner of the scrap metal while committing the theft of scrap metal and the costs of incidental damage were more than two hundred fifty dollars ($250); or (2) The person transported the scrap metal across state lines to sell or dispose of the scrap metal.

(1) The person caused incidental damage to the owner of the scrap metal or the property of the owner of the scrap metal while committing the theft of scrap metal and the costs of incidental damage were more than two hundred fifty dollars ($250); or

(2) The person transported the scrap metal across state lines to sell or dispose of the scrap metal.

Amended by Act 2015, No. 1263,§ 6, eff. 7/22/2015.

Amended by Act 2013, No. 1354,§ 2, eff. 8/16/2013.

Acts 2007, No. 630, § 1.
Ark. Code Ann. § 5-5-101 — AR Code / Title 5 / Chapter 5 / Subchapter 1 / Section 5-5-101
Disposition of contraband and seized property
Status: in_force

(a) Any seized property shall be returned to the rightful owner or possessor of the seized property except contraband owned by a defendant. (b) (1) As used in this section, "contraband" means any: (A) Article possessed under a circumstance prohibited by law; (B) Weapon or other instrument used in the commission or attempted commission of a felony; (C) Visual, print, or electronic medium that depicts sexually explicit conduct involving a child prohibited under § 5-27-304 ; (D) Visual, print, or electronic medium that contains a sexual performance of a child prohibited under § 5-27-403 ; (E) Item the possession of which is prohibited by § 5-27-602 ; (F) Item the production of which is prohibited by § 5-27-603 ; (G) Item the production of which is prohibited by § 5-27-605 ; or (H) Other article designated "contraband" by law. (2) "Contraband" does not include a visual, a print, or an electronic medium created, obtained, or possessed by licensed medical personnel or a regulated medical facility for the purpose of treatment or documentation of injuries to a child. (c) (1) Contraband shall be destroyed. (2) Except as limited under subdivision (c)(3) of this section, in the discretion of the court having jurisdiction, any contraband capable of lawful use may be: (A) Retained for use by the law enforcement agency responsible for the arrest; (B) Sold and the proceeds disposed of in the manner provided by subsections (e)-(g) of this section; or (C) Traded to a federally licensed firearms dealer as provided by subsection (h) of this section. (3) Contraband described in subdivisions (b)(1)(C)-(H) of this section and having no lawful use shall not be retained. (d) (1) (A) Except as provided in subdivision (d)(2) or subsection (h) of this section, unclaimed seized property shall be sold at public auction to be held by the chief law enforcement officer of the county, city, or town law enforcement agency that seized the unclaimed seized property or the chief law enforcement officer's designee. (B) The proceeds of the sale, less the cost of the sale and any storage charge incurred in preserving the unclaimed seized property, shall be paid into the general fund of the county, city, or town whose law enforcement agency performed the seizure. (2) (A) Unclaimed seized property that is a recreational item may be donated at no cost to a local or state agency, a nonprofit organization, or an educational program designed to provide education, assistance, or recreation to children. (B) (i) As used in subdivision (d)(2)(A) of this section, "recreational item" means an item generally used for children's activities and play. (ii) "Recreational item" includes without limitation a bicycle but does not include a motor vehicle or motorcycle. (e) The time and place of sale of seized property shall be advertised: (1) For at least fourteen (14) days next before the day of sale by posting written notice at the courthouse door; and (2) By publication in the form of at least two (2) insertions, at least three (3) days apart, before the day of sale in a weekly or daily newspaper published or customarily distributed in the county. (f) (1) Any seized property to be sold at public sale shall be offered for sale on the day for which it was advertised between 9:00 a.m. and 3:00 p.m., publicly, by auction, and for ready money. (2) The highest bidder shall be the purchaser. (g) (1) The proceeds from any sale of seized property shall be delivered to the county, city, or town treasurer, as the case may be, to be held by him or her in a separate account for a period of three (3) months. (2) If any person during the time described in subdivision (g)(1) of this section establishes to the satisfaction of the county, city, or town treasurer that he or she was at the time of sale the owner of any seized property sold as provided in subsection (f) of this section, the person shall be paid the amount realized from sale of the seized property less the expenses of the sale. (3) Any money in the separate account not claimed or paid within the designated three-month period shall be paid into the general fund of the county, city, or town whose law enforcement agency performed the seizure. (h) (1) A law enforcement agency to which contraband or unclaimed seized property that is a firearm is forfeited may trade the firearm to a federally licensed firearms dealer for credit toward future purchases by the law enforcement agency. (2) If the firearm is unable to be traded to a federally licensed firearms dealer, the law enforcement agency may dispose of the firearm as the law enforcement agency deems appropriate. (i) (1) A law enforcement agency disposing of contraband or seized property under this section shall maintain a written report that includes without limitation: (A) A list and description, including without limitation a serial number, of all property disposed, traded for credit, or sold at auction; (B) The dollar amount of any credit obtained by the law enforcement agency and the contact information for the federally licensed dealer with which the credit is held; (C) The dollar amount of any funds received at auction and where the funds were deposited; and (D) An explanation for any credit used, including without limitation a description of items purchased with the credit and the dollar amount of the purchase. (2) The written report required under subdivision (i)(1) of this section shall be provided: (A) To the elected body that oversees the finances and operations of the law enforcement agency; and (B) Within thirty (30) days of: (i) The date a firearm or item of contraband is traded to a federally licensed dealer by a law enforcement agency; and (ii) The date a credit with a federally licensed dealer is used by the law enforcement agency. Amended by Act 2023, No. 412,§ 3, eff. 3/30/2023. Amended by Act 2023, No. 412,§ 2, eff. 3/30/2023. Amended by Act 2023, No. 412,§ 1, eff. 3/30/2023. Acts 1975, No. 280, § 1401; 1977, No. 360, § 4; A.S.A. 1947, § 41-1401; Acts 1991, No. 1030, § 1; 2003, No. 135, § 1; 2007, No. 703, §§ 1, 2; 2009, No. 748, § 5; 2011, No. 171, § 1.

(a) Any seized property shall be returned to the rightful owner or possessor of the seized property except contraband owned by a defendant.

(b) (1) As used in this section, "contraband" means any: (A) Article possessed under a circumstance prohibited by law; (B) Weapon or other instrument used in the commission or attempted commission of a felony; (C) Visual, print, or electronic medium that depicts sexually explicit conduct involving a child prohibited under § 5-27-304 ; (D) Visual, print, or electronic medium that contains a sexual performance of a child prohibited under § 5-27-403 ; (E) Item the possession of which is prohibited by § 5-27-602 ; (F) Item the production of which is prohibited by § 5-27-603 ; (G) Item the production of which is prohibited by § 5-27-605 ; or (H) Other article designated "contraband" by law. (2) "Contraband" does not include a visual, a print, or an electronic medium created, obtained, or possessed by licensed medical personnel or a regulated medical facility for the purpose of treatment or documentation of injuries to a child.

(1) As used in this section, "contraband" means any: (A) Article possessed under a circumstance prohibited by law; (B) Weapon or other instrument used in the commission or attempted commission of a felony; (C) Visual, print, or electronic medium that depicts sexually explicit conduct involving a child prohibited under § 5-27-304 ; (D) Visual, print, or electronic medium that contains a sexual performance of a child prohibited under § 5-27-403 ; (E) Item the possession of which is prohibited by § 5-27-602 ; (F) Item the production of which is prohibited by § 5-27-603 ; (G) Item the production of which is prohibited by § 5-27-605 ; or (H) Other article designated "contraband" by law.

(A) Article possessed under a circumstance prohibited by law;

(B) Weapon or other instrument used in the commission or attempted commission of a felony;

(C) Visual, print, or electronic medium that depicts sexually explicit conduct involving a child prohibited under § 5-27-304 ;

(D) Visual, print, or electronic medium that contains a sexual performance of a child prohibited under § 5-27-403 ;

(E) Item the possession of which is prohibited by § 5-27-602 ;

(F) Item the production of which is prohibited by § 5-27-603 ;

(G) Item the production of which is prohibited by § 5-27-605 ; or

(H) Other article designated "contraband" by law.

(2) "Contraband" does not include a visual, a print, or an electronic medium created, obtained, or possessed by licensed medical personnel or a regulated medical facility for the purpose of treatment or documentation of injuries to a child.

(c) (1) Contraband shall be destroyed. (2) Except as limited under subdivision (c)(3) of this section, in the discretion of the court having jurisdiction, any contraband capable of lawful use may be: (A) Retained for use by the law enforcement agency responsible for the arrest; (B) Sold and the proceeds disposed of in the manner provided by subsections (e)-(g) of this section; or (C) Traded to a federally licensed firearms dealer as provided by subsection (h) of this section. (3) Contraband described in subdivisions (b)(1)(C)-(H) of this section and having no lawful use shall not be retained.

(1) Contraband shall be destroyed.

(2) Except as limited under subdivision (c)(3) of this section, in the discretion of the court having jurisdiction, any contraband capable of lawful use may be: (A) Retained for use by the law enforcement agency responsible for the arrest; (B) Sold and the proceeds disposed of in the manner provided by subsections (e)-(g) of this section; or (C) Traded to a federally licensed firearms dealer as provided by subsection (h) of this section.

(A) Retained for use by the law enforcement agency responsible for the arrest;

(B) Sold and the proceeds disposed of in the manner provided by subsections (e)-(g) of this section; or

(C) Traded to a federally licensed firearms dealer as provided by subsection (h) of this section.

(3) Contraband described in subdivisions (b)(1)(C)-(H) of this section and having no lawful use shall not be retained.

(d) (1) (A) Except as provided in subdivision (d)(2) or subsection (h) of this section, unclaimed seized property shall be sold at public auction to be held by the chief law enforcement officer of the county, city, or town law enforcement agency that seized the unclaimed seized property or the chief law enforcement officer's designee. (B) The proceeds of the sale, less the cost of the sale and any storage charge incurred in preserving the unclaimed seized property, shall be paid into the general fund of the county, city, or town whose law enforcement agency performed the seizure. (2) (A) Unclaimed seized property that is a recreational item may be donated at no cost to a local or state agency, a nonprofit organization, or an educational program designed to provide education, assistance, or recreation to children. (B) (i) As used in subdivision (d)(2)(A) of this section, "recreational item" means an item generally used for children's activities and play. (ii) "Recreational item" includes without limitation a bicycle but does not include a motor vehicle or motorcycle.

(1) (A) Except as provided in subdivision (d)(2) or subsection (h) of this section, unclaimed seized property shall be sold at public auction to be held by the chief law enforcement officer of the county, city, or town law enforcement agency that seized the unclaimed seized property or the chief law enforcement officer's designee. (B) The proceeds of the sale, less the cost of the sale and any storage charge incurred in preserving the unclaimed seized property, shall be paid into the general fund of the county, city, or town whose law enforcement agency performed the seizure.

(A) Except as provided in subdivision (d)(2) or subsection (h) of this section, unclaimed seized property shall be sold at public auction to be held by the chief law enforcement officer of the county, city, or town law enforcement agency that seized the unclaimed seized property or the chief law enforcement officer's designee.

(B) The proceeds of the sale, less the cost of the sale and any storage charge incurred in preserving the unclaimed seized property, shall be paid into the general fund of the county, city, or town whose law enforcement agency performed the seizure.

(2) (A) Unclaimed seized property that is a recreational item may be donated at no cost to a local or state agency, a nonprofit organization, or an educational program designed to provide education, assistance, or recreation to children. (B) (i) As used in subdivision (d)(2)(A) of this section, "recreational item" means an item generally used for children's activities and play. (ii) "Recreational item" includes without limitation a bicycle but does not include a motor vehicle or motorcycle.

(A) Unclaimed seized property that is a recreational item may be donated at no cost to a local or state agency, a nonprofit organization, or an educational program designed to provide education, assistance, or recreation to children.

(B) (i) As used in subdivision (d)(2)(A) of this section, "recreational item" means an item generally used for children's activities and play. (ii) "Recreational item" includes without limitation a bicycle but does not include a motor vehicle or motorcycle.

(i) As used in subdivision (d)(2)(A) of this section, "recreational item" means an item generally used for children's activities and play.

(ii) "Recreational item" includes without limitation a bicycle but does not include a motor vehicle or motorcycle.

(e) The time and place of sale of seized property shall be advertised: (1) For at least fourteen (14) days next before the day of sale by posting written notice at the courthouse door; and (2) By publication in the form of at least two (2) insertions, at least three (3) days apart, before the day of sale in a weekly or daily newspaper published or customarily distributed in the county.

(1) For at least fourteen (14) days next before the day of sale by posting written notice at the courthouse door; and

(2) By publication in the form of at least two (2) insertions, at least three (3) days apart, before the day of sale in a weekly or daily newspaper published or customarily distributed in the county.

(f) (1) Any seized property to be sold at public sale shall be offered for sale on the day for which it was advertised between 9:00 a.m. and 3:00 p.m., publicly, by auction, and for ready money. (2) The highest bidder shall be the purchaser.

(1) Any seized property to be sold at public sale shall be offered for sale on the day for which it was advertised between 9:00 a.m. and 3:00 p.m., publicly, by auction, and for ready money.

(2) The highest bidder shall be the purchaser.

(g) (1) The proceeds from any sale of seized property shall be delivered to the county, city, or town treasurer, as the case may be, to be held by him or her in a separate account for a period of three (3) months. (2) If any person during the time described in subdivision (g)(1) of this section establishes to the satisfaction of the county, city, or town treasurer that he or she was at the time of sale the owner of any seized property sold as provided in subsection (f) of this section, the person shall be paid the amount realized from sale of the seized property less the expenses of the sale. (3) Any money in the separate account not claimed or paid within the designated three-month period shall be paid into the general fund of the county, city, or town whose law enforcement agency performed the seizure.

(1) The proceeds from any sale of seized property shall be delivered to the county, city, or town treasurer, as the case may be, to be held by him or her in a separate account for a period of three (3) months.

(2) If any person during the time described in subdivision (g)(1) of this section establishes to the satisfaction of the county, city, or town treasurer that he or she was at the time of sale the owner of any seized property sold as provided in subsection (f) of this section, the person shall be paid the amount realized from sale of the seized property less the expenses of the sale.

(3) Any money in the separate account not claimed or paid within the designated three-month period shall be paid into the general fund of the county, city, or town whose law enforcement agency performed the seizure.

(h) (1) A law enforcement agency to which contraband or unclaimed seized property that is a firearm is forfeited may trade the firearm to a federally licensed firearms dealer for credit toward future purchases by the law enforcement agency. (2) If the firearm is unable to be traded to a federally licensed firearms dealer, the law enforcement agency may dispose of the firearm as the law enforcement agency deems appropriate.

(1) A law enforcement agency to which contraband or unclaimed seized property that is a firearm is forfeited may trade the firearm to a federally licensed firearms dealer for credit toward future purchases by the law enforcement agency.

(2) If the firearm is unable to be traded to a federally licensed firearms dealer, the law enforcement agency may dispose of the firearm as the law enforcement agency deems appropriate.

(i) (1) A law enforcement agency disposing of contraband or seized property under this section shall maintain a written report that includes without limitation: (A) A list and description, including without limitation a serial number, of all property disposed, traded for credit, or sold at auction; (B) The dollar amount of any credit obtained by the law enforcement agency and the contact information for the federally licensed dealer with which the credit is held; (C) The dollar amount of any funds received at auction and where the funds were deposited; and (D) An explanation for any credit used, including without limitation a description of items purchased with the credit and the dollar amount of the purchase. (2) The written report required under subdivision (i)(1) of this section shall be provided: (A) To the elected body that oversees the finances and operations of the law enforcement agency; and (B) Within thirty (30) days of: (i) The date a firearm or item of contraband is traded to a federally licensed dealer by a law enforcement agency; and (ii) The date a credit with a federally licensed dealer is used by the law enforcement agency.

(1) A law enforcement agency disposing of contraband or seized property under this section shall maintain a written report that includes without limitation: (A) A list and description, including without limitation a serial number, of all property disposed, traded for credit, or sold at auction; (B) The dollar amount of any credit obtained by the law enforcement agency and the contact information for the federally licensed dealer with which the credit is held; (C) The dollar amount of any funds received at auction and where the funds were deposited; and (D) An explanation for any credit used, including without limitation a description of items purchased with the credit and the dollar amount of the purchase.

(A) A list and description, including without limitation a serial number, of all property disposed, traded for credit, or sold at auction;

(B) The dollar amount of any credit obtained by the law enforcement agency and the contact information for the federally licensed dealer with which the credit is held;

(C) The dollar amount of any funds received at auction and where the funds were deposited; and

(D) An explanation for any credit used, including without limitation a description of items purchased with the credit and the dollar amount of the purchase.

(2) The written report required under subdivision (i)(1) of this section shall be provided: (A) To the elected body that oversees the finances and operations of the law enforcement agency; and (B) Within thirty (30) days of: (i) The date a firearm or item of contraband is traded to a federally licensed dealer by a law enforcement agency; and (ii) The date a credit with a federally licensed dealer is used by the law enforcement agency.

(A) To the elected body that oversees the finances and operations of the law enforcement agency; and

(B) Within thirty (30) days of: (i) The date a firearm or item of contraband is traded to a federally licensed dealer by a law enforcement agency; and (ii) The date a credit with a federally licensed dealer is used by the law enforcement agency.

(i) The date a firearm or item of contraband is traded to a federally licensed dealer by a law enforcement agency; and

(ii) The date a credit with a federally licensed dealer is used by the law enforcement agency.

Amended by Act 2023, No. 412,§ 3, eff. 3/30/2023.

Amended by Act 2023, No. 412,§ 2, eff. 3/30/2023.

Amended by Act 2023, No. 412,§ 1, eff. 3/30/2023.

Acts 1975, No. 280, § 1401; 1977, No. 360, § 4; A.S.A. 1947, § 41-1401; Acts 1991, No. 1030, § 1; 2003, No. 135, § 1; 2007, No. 703, §§ 1, 2; 2009, No. 748, § 5; 2011, No. 171, § 1.
Ark. Code Ann. § 5-41-203 — AR Code / Title 5 / Chapter 41 / Subchapter 2 / Section 5-41-203
Unlawful interference with access to computers - Unlawful use or access to computers
Status: in_force

(a) (1) A person commits unlawful interference with access to computers if the person knowingly and without authorization interferes with, denies, or causes the denial of access to or use of a computer, system, or network to a person who has the duty and right to use the computer, system, or network. (2) Unlawful interference with access to computers is a Class A misdemeanor. (b) (1) A person commits unlawful use or access to computers if the person knowingly and without authorization uses, causes the use of, accesses, attempts to gain access to, or causes access to be gained to a computer, system, network, telecommunications device, telecommunications service, or information service. (2) Unlawful use or access to computers is a Class A misdemeanor. (c) If the violation of subsection (a) or (b) of this section was committed to devise or execute a scheme to defraud or illegally obtain property, the person is guilty of a Class C felony. (d) (1) It is an affirmative defense to a charge made pursuant to this section that at the time of the alleged offense the person reasonably believed that: (A) The person was authorized to use or access the computer, system, network, telecommunications device, telecommunications service, or information service and the use or access by the person was within the scope of that authorization; or (B) The owner or other person authorized to give consent would authorize the person to use or access the computer, system, network, telecommunications device, telecommunications service, or information service. (2) A person who intends to offer an affirmative defense provided in subdivision (d)(1) of this section at a trial or preliminary hearing shall file and serve on the prosecuting attorney a notice of that intent not less than fourteen (14) calendar days before the trial or hearing or at such other time as the court may direct. Acts 2001, No. 1496, § 2.

(a) (1) A person commits unlawful interference with access to computers if the person knowingly and without authorization interferes with, denies, or causes the denial of access to or use of a computer, system, or network to a person who has the duty and right to use the computer, system, or network. (2) Unlawful interference with access to computers is a Class A misdemeanor.

(1) A person commits unlawful interference with access to computers if the person knowingly and without authorization interferes with, denies, or causes the denial of access to or use of a computer, system, or network to a person who has the duty and right to use the computer, system, or network.

(2) Unlawful interference with access to computers is a Class A misdemeanor.

(b) (1) A person commits unlawful use or access to computers if the person knowingly and without authorization uses, causes the use of, accesses, attempts to gain access to, or causes access to be gained to a computer, system, network, telecommunications device, telecommunications service, or information service. (2) Unlawful use or access to computers is a Class A misdemeanor.

(1) A person commits unlawful use or access to computers if the person knowingly and without authorization uses, causes the use of, accesses, attempts to gain access to, or causes access to be gained to a computer, system, network, telecommunications device, telecommunications service, or information service.

(2) Unlawful use or access to computers is a Class A misdemeanor.

(c) If the violation of subsection (a) or (b) of this section was committed to devise or execute a scheme to defraud or illegally obtain property, the person is guilty of a Class C felony.

(d) (1) It is an affirmative defense to a charge made pursuant to this section that at the time of the alleged offense the person reasonably believed that: (A) The person was authorized to use or access the computer, system, network, telecommunications device, telecommunications service, or information service and the use or access by the person was within the scope of that authorization; or (B) The owner or other person authorized to give consent would authorize the person to use or access the computer, system, network, telecommunications device, telecommunications service, or information service. (2) A person who intends to offer an affirmative defense provided in subdivision (d)(1) of this section at a trial or preliminary hearing shall file and serve on the prosecuting attorney a notice of that intent not less than fourteen (14) calendar days before the trial or hearing or at such other time as the court may direct.

(1) It is an affirmative defense to a charge made pursuant to this section that at the time of the alleged offense the person reasonably believed that: (A) The person was authorized to use or access the computer, system, network, telecommunications device, telecommunications service, or information service and the use or access by the person was within the scope of that authorization; or (B) The owner or other person authorized to give consent would authorize the person to use or access the computer, system, network, telecommunications device, telecommunications service, or information service.

(A) The person was authorized to use or access the computer, system, network, telecommunications device, telecommunications service, or information service and the use or access by the person was within the scope of that authorization; or

(B) The owner or other person authorized to give consent would authorize the person to use or access the computer, system, network, telecommunications device, telecommunications service, or information service.

(2) A person who intends to offer an affirmative defense provided in subdivision (d)(1) of this section at a trial or preliminary hearing shall file and serve on the prosecuting attorney a notice of that intent not less than fourteen (14) calendar days before the trial or hearing or at such other time as the court may direct.

Acts 2001, No. 1496, § 2.
Ark. Code Ann. § 5-2-309 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-309
Determination of fitness to proceed
Status: in_force

(a) If the defendant's fitness to proceed becomes an issue at any stage of the case, the issue of the defendant's fitness to proceed shall be determined by the court. (b) If neither party contests the finding of the report filed pursuant to § 5-2-327 , the court may make the determination under subsection (a) of this section on the basis of the report. (c) If the finding of the report is contested, the court shall hold a hearing on the issue of the defendant's fitness to proceed. Amended by Act 2017, No. 472,§ 8, eff. 8/1/2017. Acts 1975, No. 280, § 606; A.S.A. 1947, § 41-606.

(a) If the defendant's fitness to proceed becomes an issue at any stage of the case, the issue of the defendant's fitness to proceed shall be determined by the court.

(b) If neither party contests the finding of the report filed pursuant to § 5-2-327 , the court may make the determination under subsection (a) of this section on the basis of the report.

(c) If the finding of the report is contested, the court shall hold a hearing on the issue of the defendant's fitness to proceed.

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

Acts 1975, No. 280, § 606; A.S.A. 1947, § 41-606.
Ark. Code Ann. § 5-2-314 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-314
Acquittal - Examination of defendant - Hearing
Status: in_force

(a) When a defendant is acquitted due to the defendant's lack of criminal responsibility, a circuit court is required to determine, and to include the determination in the order of acquittal, one (1) of the following: (1) The offense involved bodily injury to another person or serious damage to the property of another person or involved a substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant remains affected by mental disease or defect; (2) The offense involved bodily injury to another person or serious damage to the property of another person or involved a substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant is no longer affected by mental disease or defect; (3) The offense did not involve bodily injury to another person or serious damage to the property of another person nor did it involve substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant remains affected by mental disease or defect; or (4) The offense did not involve bodily injury to another person or serious damage to the property of another person nor did it involve a substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant is no longer affected by mental disease or defect. (b) (1) If the circuit court enters a determination based on subdivision (a)(1) or subdivision (a)(3) of this section, the circuit court shall order the defendant committed to the custody of the Department of Human Services for an examination by a psychiatrist or a licensed psychologist. (2) Upon filing of an order of commitment under subdivision (b)(1) of this section with a circuit clerk, the circuit clerk shall submit a copy of the order to the Arkansas Crime Information Center. (c) If the circuit court enters a determination based on subdivision (a)(2) or subdivision (a)(4) of this section, the circuit court shall immediately discharge the defendant. (d) (1) (A) The department shall file the psychiatric or psychological report with the probate clerk of the circuit court having venue within thirty (30) days following receipt of an order of acquittal. (B) If before thirty (30) days the department makes application to the circuit court for an extension of time to file the psychiatric or psychological report and the circuit court finds there is good cause for the delay, the circuit court may order that additional time be allowed for the department to file the psychiatric or psychological report. (C) A hearing shall be conducted by the circuit court and shall take place not later than ten (10) days following the filing of the psychiatric or psychological report with the circuit court. (2) If the psychiatric or psychological report is not filed within thirty (30) days following the department's receipt of an order of acquittal or within such additional time as authorized by the circuit court, the circuit court may grant a petition for a writ of habeas corpus ordering the release of the defendant under terms and conditions that are reasonable and just for the defendant and societal concerns about the safety of persons and property of others. (e) (1) A person found not guilty of an offense involving bodily injury to another person or serious damage to the property of another person or involving a substantial risk of bodily injury to another person or serious damage to the property of another person due to the person's lack of criminal responsibility has the burden of proving by clear and convincing evidence that his or her release would not create a substantial risk of bodily injury to another person or serious damage to property of another person due to a present mental disease or defect. (2) With respect to any other offense, the person has the burden of proof by a preponderance of the evidence. (f) (1) A person acquitted whose mental condition is the subject of a hearing has a right to counsel. (2) (A) If it appears to the circuit court that the person acquitted is in need of counsel, an attorney shall be appointed immediately upon filing of the original petition. (B) (i) When an attorney is appointed by the circuit court, the circuit court shall determine the amount of the fee to be paid the attorney appointed by the circuit court and issue an order of payment. (ii) The amount of the fee allowed shall be based upon the time and effort of the attorney in the investigation, preparation, and representation of the client at the court hearings. (g) (1) The quorum court of each county shall appropriate funds for the purpose of payment of the attorney's fees provided for by subsection (f) of this section. (2) Upon presentment of a claim accompanied by an order of the circuit court fixing the fee, the claim shall be approved by the county court and paid in the same manner as other claims against the county are paid. (h) A hearing conducted pursuant to subsection (d) of this section may be held at the Arkansas State Hospital or a designated receiving facility or program where the person acquitted is detained. (i) When conducting any hearing set out in this section, the circuit judge may conduct the hearing within any county of his or her judicial district. (j) (1) (A) It is the duty of the prosecuting attorney's office in the county where the petition is filed to represent the State of Arkansas at any hearing held pursuant to this section except a hearing pending at the Arkansas State Hospital in Pulaski County. (B) A prosecuting attorney may contract with another attorney to provide services under subdivision (j)(1)(A) of this section. (2) The office of the Prosecutor Coordinator shall appear for and on behalf of the State of Arkansas at the Arkansas State Hospital in Little Rock. (3) Representation under this subsection is a part of the official duties of a prosecuting attorney or the office of the Prosecutor Coordinator and the prosecuting attorney or the office of the Prosecutor Coordinator is immune from civil liability in the performance of this official duty. Amended by Act 2017, No. 472,§ 13, eff. 8/1/2017. Amended by Act 2017, No. 472,§ 12, eff. 8/1/2017. Acts 1989, No. 645, § 3; No. 821, § 1; No. 911, § 3; 1995, No. 609, § 1; 2003, No. 1185, § 3; 2005, No. 1446, § 1; 2007, No. 463, § 2; No. 568, § 3.

(a) When a defendant is acquitted due to the defendant's lack of criminal responsibility, a circuit court is required to determine, and to include the determination in the order of acquittal, one (1) of the following: (1) The offense involved bodily injury to another person or serious damage to the property of another person or involved a substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant remains affected by mental disease or defect; (2) The offense involved bodily injury to another person or serious damage to the property of another person or involved a substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant is no longer affected by mental disease or defect; (3) The offense did not involve bodily injury to another person or serious damage to the property of another person nor did it involve substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant remains affected by mental disease or defect; or (4) The offense did not involve bodily injury to another person or serious damage to the property of another person nor did it involve a substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant is no longer affected by mental disease or defect.

(1) The offense involved bodily injury to another person or serious damage to the property of another person or involved a substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant remains affected by mental disease or defect;

(2) The offense involved bodily injury to another person or serious damage to the property of another person or involved a substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant is no longer affected by mental disease or defect;

(3) The offense did not involve bodily injury to another person or serious damage to the property of another person nor did it involve substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant remains affected by mental disease or defect; or

(4) The offense did not involve bodily injury to another person or serious damage to the property of another person nor did it involve a substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant is no longer affected by mental disease or defect.

(b) (1) If the circuit court enters a determination based on subdivision (a)(1) or subdivision (a)(3) of this section, the circuit court shall order the defendant committed to the custody of the Department of Human Services for an examination by a psychiatrist or a licensed psychologist. (2) Upon filing of an order of commitment under subdivision (b)(1) of this section with a circuit clerk, the circuit clerk shall submit a copy of the order to the Arkansas Crime Information Center.

(1) If the circuit court enters a determination based on subdivision (a)(1) or subdivision (a)(3) of this section, the circuit court shall order the defendant committed to the custody of the Department of Human Services for an examination by a psychiatrist or a licensed psychologist.

(2) Upon filing of an order of commitment under subdivision (b)(1) of this section with a circuit clerk, the circuit clerk shall submit a copy of the order to the Arkansas Crime Information Center.

(c) If the circuit court enters a determination based on subdivision (a)(2) or subdivision (a)(4) of this section, the circuit court shall immediately discharge the defendant.

(d) (1) (A) The department shall file the psychiatric or psychological report with the probate clerk of the circuit court having venue within thirty (30) days following receipt of an order of acquittal. (B) If before thirty (30) days the department makes application to the circuit court for an extension of time to file the psychiatric or psychological report and the circuit court finds there is good cause for the delay, the circuit court may order that additional time be allowed for the department to file the psychiatric or psychological report. (C) A hearing shall be conducted by the circuit court and shall take place not later than ten (10) days following the filing of the psychiatric or psychological report with the circuit court. (2) If the psychiatric or psychological report is not filed within thirty (30) days following the department's receipt of an order of acquittal or within such additional time as authorized by the circuit court, the circuit court may grant a petition for a writ of habeas corpus ordering the release of the defendant under terms and conditions that are reasonable and just for the defendant and societal concerns about the safety of persons and property of others.

(1) (A) The department shall file the psychiatric or psychological report with the probate clerk of the circuit court having venue within thirty (30) days following receipt of an order of acquittal. (B) If before thirty (30) days the department makes application to the circuit court for an extension of time to file the psychiatric or psychological report and the circuit court finds there is good cause for the delay, the circuit court may order that additional time be allowed for the department to file the psychiatric or psychological report. (C) A hearing shall be conducted by the circuit court and shall take place not later than ten (10) days following the filing of the psychiatric or psychological report with the circuit court.

(A) The department shall file the psychiatric or psychological report with the probate clerk of the circuit court having venue within thirty (30) days following receipt of an order of acquittal.

(B) If before thirty (30) days the department makes application to the circuit court for an extension of time to file the psychiatric or psychological report and the circuit court finds there is good cause for the delay, the circuit court may order that additional time be allowed for the department to file the psychiatric or psychological report.

(C) A hearing shall be conducted by the circuit court and shall take place not later than ten (10) days following the filing of the psychiatric or psychological report with the circuit court.

(2) If the psychiatric or psychological report is not filed within thirty (30) days following the department's receipt of an order of acquittal or within such additional time as authorized by the circuit court, the circuit court may grant a petition for a writ of habeas corpus ordering the release of the defendant under terms and conditions that are reasonable and just for the defendant and societal concerns about the safety of persons and property of others.

(e) (1) A person found not guilty of an offense involving bodily injury to another person or serious damage to the property of another person or involving a substantial risk of bodily injury to another person or serious damage to the property of another person due to the person's lack of criminal responsibility has the burden of proving by clear and convincing evidence that his or her release would not create a substantial risk of bodily injury to another person or serious damage to property of another person due to a present mental disease or defect. (2) With respect to any other offense, the person has the burden of proof by a preponderance of the evidence.

(1) A person found not guilty of an offense involving bodily injury to another person or serious damage to the property of another person or involving a substantial risk of bodily injury to another person or serious damage to the property of another person due to the person's lack of criminal responsibility has the burden of proving by clear and convincing evidence that his or her release would not create a substantial risk of bodily injury to another person or serious damage to property of another person due to a present mental disease or defect.

(2) With respect to any other offense, the person has the burden of proof by a preponderance of the evidence.

(f) (1) A person acquitted whose mental condition is the subject of a hearing has a right to counsel. (2) (A) If it appears to the circuit court that the person acquitted is in need of counsel, an attorney shall be appointed immediately upon filing of the original petition. (B) (i) When an attorney is appointed by the circuit court, the circuit court shall determine the amount of the fee to be paid the attorney appointed by the circuit court and issue an order of payment. (ii) The amount of the fee allowed shall be based upon the time and effort of the attorney in the investigation, preparation, and representation of the client at the court hearings.

(1) A person acquitted whose mental condition is the subject of a hearing has a right to counsel.

(2) (A) If it appears to the circuit court that the person acquitted is in need of counsel, an attorney shall be appointed immediately upon filing of the original petition. (B) (i) When an attorney is appointed by the circuit court, the circuit court shall determine the amount of the fee to be paid the attorney appointed by the circuit court and issue an order of payment. (ii) The amount of the fee allowed shall be based upon the time and effort of the attorney in the investigation, preparation, and representation of the client at the court hearings.

(A) If it appears to the circuit court that the person acquitted is in need of counsel, an attorney shall be appointed immediately upon filing of the original petition.

(B) (i) When an attorney is appointed by the circuit court, the circuit court shall determine the amount of the fee to be paid the attorney appointed by the circuit court and issue an order of payment. (ii) The amount of the fee allowed shall be based upon the time and effort of the attorney in the investigation, preparation, and representation of the client at the court hearings.

(i) When an attorney is appointed by the circuit court, the circuit court shall determine the amount of the fee to be paid the attorney appointed by the circuit court and issue an order of payment.

(ii) The amount of the fee allowed shall be based upon the time and effort of the attorney in the investigation, preparation, and representation of the client at the court hearings.

(g) (1) The quorum court of each county shall appropriate funds for the purpose of payment of the attorney's fees provided for by subsection (f) of this section. (2) Upon presentment of a claim accompanied by an order of the circuit court fixing the fee, the claim shall be approved by the county court and paid in the same manner as other claims against the county are paid.

(1) The quorum court of each county shall appropriate funds for the purpose of payment of the attorney's fees provided for by subsection (f) of this section.

(2) Upon presentment of a claim accompanied by an order of the circuit court fixing the fee, the claim shall be approved by the county court and paid in the same manner as other claims against the county are paid.

(h) A hearing conducted pursuant to subsection (d) of this section may be held at the Arkansas State Hospital or a designated receiving facility or program where the person acquitted is detained.

(i) When conducting any hearing set out in this section, the circuit judge may conduct the hearing within any county of his or her judicial district.

(j) (1) (A) It is the duty of the prosecuting attorney's office in the county where the petition is filed to represent the State of Arkansas at any hearing held pursuant to this section except a hearing pending at the Arkansas State Hospital in Pulaski County. (B) A prosecuting attorney may contract with another attorney to provide services under subdivision (j)(1)(A) of this section. (2) The office of the Prosecutor Coordinator shall appear for and on behalf of the State of Arkansas at the Arkansas State Hospital in Little Rock. (3) Representation under this subsection is a part of the official duties of a prosecuting attorney or the office of the Prosecutor Coordinator and the prosecuting attorney or the office of the Prosecutor Coordinator is immune from civil liability in the performance of this official duty.

(1) (A) It is the duty of the prosecuting attorney's office in the county where the petition is filed to represent the State of Arkansas at any hearing held pursuant to this section except a hearing pending at the Arkansas State Hospital in Pulaski County. (B) A prosecuting attorney may contract with another attorney to provide services under subdivision (j)(1)(A) of this section.

(A) It is the duty of the prosecuting attorney's office in the county where the petition is filed to represent the State of Arkansas at any hearing held pursuant to this section except a hearing pending at the Arkansas State Hospital in Pulaski County.

(B) A prosecuting attorney may contract with another attorney to provide services under subdivision (j)(1)(A) of this section.

(2) The office of the Prosecutor Coordinator shall appear for and on behalf of the State of Arkansas at the Arkansas State Hospital in Little Rock.

(3) Representation under this subsection is a part of the official duties of a prosecuting attorney or the office of the Prosecutor Coordinator and the prosecuting attorney or the office of the Prosecutor Coordinator is immune from civil liability in the performance of this official duty.

Amended by Act 2017, No. 472,§ 13, eff. 8/1/2017.

Amended by Act 2017, No. 472,§ 12, eff. 8/1/2017.

Acts 1989, No. 645, § 3; No. 821, § 1; No. 911, § 3; 1995, No. 609, § 1; 2003, No. 1185, § 3; 2005, No. 1446, § 1; 2007, No. 463, § 2; No. 568, § 3.
Ark. Code Ann. § 5-66-118 — AR Code / Title 5 / Chapter 66 / Section 5-66-118
Lottery, etc. - Tickets
Status: in_force

(a) Except as authorized under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq., it is unlawful for a person to: (1) Keep an office, room, or place for the sale or disposition of a lottery ticket or slip, policy ticket or slip, gift concert ticket or slip, or like device; (2) Vend, sell, or otherwise dispose of any lottery ticket or slip, policy ticket or slip, gift concert ticket or slip, or like device; (3) Possess any lottery ticket or slip, policy ticket or slip, or gift concert ticket or slip, or like device, except a lottery ticket issued in another state where a lottery is legal; or (4) Be interested, either directly or indirectly, in the sale or disposition of any lottery ticket or slip, policy ticket or slip, or gift concert ticket or slip, or like device. (b) In any prosecution or investigation under this section, it is no exemption for a witness that his or her testimony may incriminate himself or herself, but no such testimony given by the witness shall be used against him or her in any prosecution except for perjury, and the witness is discharged from liability for any violation of the law upon his or her part disclosed by his or her testimony. (c) (1) The General Assembly recognizes that: (A) The present laws relating to lotteries are vague in certain areas and, although designed to prohibit the operation of lotteries in the state, may be interpreted to prohibit even the printing of lottery tickets by companies in this state for distribution in other states where lotteries are legal; (B) There are companies in this state that print various types of tickets, stamps, tags, coupon books, and similar devices and that may be interested in printing lottery tickets for states where lotteries are lawful; and (C) It is the intent and purpose of this subsection to clarify the present law relating to lotteries to specifically permit businesses in Arkansas to print lottery tickets for use in states where lotteries are lawful. (2) (A) The printing or other production of lottery tickets by a business located in Arkansas for use in a state where a lottery is permitted is declared to be lawful. (B) Nothing contained in this section and § 5-66-119 or any other law shall be construed to make printing or production of lottery tickets described in subdivision (c)(2)(A) of this section unlawful. (d) (1) Upon conviction, any person who violates this section is guilty of a violation and shall be fined an amount not to exceed ten thousand dollars ($10,000). (2) A second or subsequent offense is a Class D felony. Acts 1939, No. 209, §§ 1-6; A.S.A. 1947, §§ 41-3272 -- 41-3277; Acts 1987, No. 835, §§ 1, 2; 1993, No. 1053, § 1; 2007, No. 388, § 2; 2009, No. 748, §§ 38, 39.

(a) Except as authorized under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq., it is unlawful for a person to: (1) Keep an office, room, or place for the sale or disposition of a lottery ticket or slip, policy ticket or slip, gift concert ticket or slip, or like device; (2) Vend, sell, or otherwise dispose of any lottery ticket or slip, policy ticket or slip, gift concert ticket or slip, or like device; (3) Possess any lottery ticket or slip, policy ticket or slip, or gift concert ticket or slip, or like device, except a lottery ticket issued in another state where a lottery is legal; or (4) Be interested, either directly or indirectly, in the sale or disposition of any lottery ticket or slip, policy ticket or slip, or gift concert ticket or slip, or like device.

(1) Keep an office, room, or place for the sale or disposition of a lottery ticket or slip, policy ticket or slip, gift concert ticket or slip, or like device;

(2) Vend, sell, or otherwise dispose of any lottery ticket or slip, policy ticket or slip, gift concert ticket or slip, or like device;

(3) Possess any lottery ticket or slip, policy ticket or slip, or gift concert ticket or slip, or like device, except a lottery ticket issued in another state where a lottery is legal; or

(4) Be interested, either directly or indirectly, in the sale or disposition of any lottery ticket or slip, policy ticket or slip, or gift concert ticket or slip, or like device.

(b) In any prosecution or investigation under this section, it is no exemption for a witness that his or her testimony may incriminate himself or herself, but no such testimony given by the witness shall be used against him or her in any prosecution except for perjury, and the witness is discharged from liability for any violation of the law upon his or her part disclosed by his or her testimony.

(c) (1) The General Assembly recognizes that: (A) The present laws relating to lotteries are vague in certain areas and, although designed to prohibit the operation of lotteries in the state, may be interpreted to prohibit even the printing of lottery tickets by companies in this state for distribution in other states where lotteries are legal; (B) There are companies in this state that print various types of tickets, stamps, tags, coupon books, and similar devices and that may be interested in printing lottery tickets for states where lotteries are lawful; and (C) It is the intent and purpose of this subsection to clarify the present law relating to lotteries to specifically permit businesses in Arkansas to print lottery tickets for use in states where lotteries are lawful. (2) (A) The printing or other production of lottery tickets by a business located in Arkansas for use in a state where a lottery is permitted is declared to be lawful. (B) Nothing contained in this section and § 5-66-119 or any other law shall be construed to make printing or production of lottery tickets described in subdivision (c)(2)(A) of this section unlawful.

(1) The General Assembly recognizes that: (A) The present laws relating to lotteries are vague in certain areas and, although designed to prohibit the operation of lotteries in the state, may be interpreted to prohibit even the printing of lottery tickets by companies in this state for distribution in other states where lotteries are legal; (B) There are companies in this state that print various types of tickets, stamps, tags, coupon books, and similar devices and that may be interested in printing lottery tickets for states where lotteries are lawful; and (C) It is the intent and purpose of this subsection to clarify the present law relating to lotteries to specifically permit businesses in Arkansas to print lottery tickets for use in states where lotteries are lawful.

(A) The present laws relating to lotteries are vague in certain areas and, although designed to prohibit the operation of lotteries in the state, may be interpreted to prohibit even the printing of lottery tickets by companies in this state for distribution in other states where lotteries are legal;

(B) There are companies in this state that print various types of tickets, stamps, tags, coupon books, and similar devices and that may be interested in printing lottery tickets for states where lotteries are lawful; and

(C) It is the intent and purpose of this subsection to clarify the present law relating to lotteries to specifically permit businesses in Arkansas to print lottery tickets for use in states where lotteries are lawful.

(2) (A) The printing or other production of lottery tickets by a business located in Arkansas for use in a state where a lottery is permitted is declared to be lawful. (B) Nothing contained in this section and § 5-66-119 or any other law shall be construed to make printing or production of lottery tickets described in subdivision (c)(2)(A) of this section unlawful.

(A) The printing or other production of lottery tickets by a business located in Arkansas for use in a state where a lottery is permitted is declared to be lawful.

(B) Nothing contained in this section and § 5-66-119 or any other law shall be construed to make printing or production of lottery tickets described in subdivision (c)(2)(A) of this section unlawful.

(d) (1) Upon conviction, any person who violates this section is guilty of a violation and shall be fined an amount not to exceed ten thousand dollars ($10,000). (2) A second or subsequent offense is a Class D felony.

(1) Upon conviction, any person who violates this section is guilty of a violation and shall be fined an amount not to exceed ten thousand dollars ($10,000).

(2) A second or subsequent offense is a Class D felony.

Acts 1939, No. 209, §§ 1-6; A.S.A. 1947, §§ 41-3272 -- 41-3277; Acts 1987, No. 835, §§ 1, 2; 1993, No. 1053, § 1; 2007, No. 388, § 2; 2009, No. 748, §§ 38, 39.
Ark. Code Ann. § 5-12-101 — AR Code / Title 5 / Chapter 12 / Section 5-12-101
Definition
Status: in_force

As used in this chapter, "physical force" means any: (1) Bodily impact, restraint, or confinement; or (2) Threat of any bodily impact, restraint, or confinement. Acts 1975, No. 280, § 2101; A.S.A. 1947, § 41-2101.

As used in this chapter, "physical force" means any:

(1) Bodily impact, restraint, or confinement; or

(2) Threat of any bodily impact, restraint, or confinement.

Acts 1975, No. 280, § 2101; A.S.A. 1947, § 41-2101.
Ark. Code Ann. § 5-26-309 — AR Code / Title 5 / Chapter 26 / Subchapter 3 / Section 5-26-309
Third degree assault on a family or household member
Status: in_force

(a) A person commits third degree assault on a family or household member if the person purposely creates apprehension of imminent physical injury to a family or household member. (b) Third degree assault on a family or household member is a Class C misdemeanor. Acts 1979, No. 396, § 7; A.S.A. 1947, § 41-1659; Acts 1995, No. 1291, § 7.

(a) A person commits third degree assault on a family or household member if the person purposely creates apprehension of imminent physical injury to a family or household member.

(b) Third degree assault on a family or household member is a Class C misdemeanor.

Acts 1979, No. 396, § 7; A.S.A. 1947, § 41-1659; Acts 1995, No. 1291, § 7.
Ark. Code Ann. § 5-5-401 — AR Code / Title 5 / Chapter 5 / Subchapter 4 / Section 5-5-401
Definitions
Status: in_force

As used in this subchapter, "weapon" means any firearm, bomb, explosive, metal knuckles, sword, spear, or other device employed as an instrument of crime by subjecting another to physical harm or fear of physical harm. Acts 1995, No. 202, § 1; 2007, No. 827, § 17.

As used in this subchapter, "weapon" means any firearm, bomb, explosive, metal knuckles, sword, spear, or other device employed as an instrument of crime by subjecting another to physical harm or fear of physical harm.

Acts 1995, No. 202, § 1; 2007, No. 827, § 17.
Ark. Code Ann. § 5-62-120 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-120
Unlawful animal fighting
Status: in_force

(a) (1) A person commits the offense of unlawful animal fighting in the first degree if he or she knowingly: (A) Promotes, engages in, or is employed at animal fighting; (B) Receives money for the admission of another person to a place kept for animal fighting; or (C) Sells, purchases, possesses, or trains an animal for animal fighting. (2) Unlawful animal fighting in the first degree is a Class D felony. (b) (1) A person commits the offense of unlawful animal fighting in the second degree if he or she knowingly: (A) Purchases a ticket of admission to or is present at an animal fight; or (B) Witnesses an animal fight if it is presented as a public spectacle. (2) Unlawful animal fighting in the second degree is a Class A misdemeanor. (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 all animals 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 all animals the use of which was the basis of the conviction. (2) Any animal ordered forfeited under a provision of this subsection shall be placed with an appropriate place of custody or an animal control agency. (e) In addition to the fines, penalties, and forfeitures imposed under this section, the court may require the defendant to make restitution to the state, any of its political subdivisions, or an appropriate place of custody for housing, feeding, or providing medical treatment to an animal used for unlawful animal fighting. (f) As used in this section, "animal fighting" means fighting between roosters or other birds or between dogs, bears, or other animals. Acts 1981, No. 862, § 1; A.S.A. 1947, § 41-2918.1; Acts 1987, No. 26, § 1; 1989, No. 528, § 1; 2009, No. 33, § 6.

(a) (1) A person commits the offense of unlawful animal fighting in the first degree if he or she knowingly: (A) Promotes, engages in, or is employed at animal fighting; (B) Receives money for the admission of another person to a place kept for animal fighting; or (C) Sells, purchases, possesses, or trains an animal for animal fighting. (2) Unlawful animal fighting in the first degree is a Class D felony.

(1) A person commits the offense of unlawful animal fighting in the first degree if he or she knowingly: (A) Promotes, engages in, or is employed at animal fighting; (B) Receives money for the admission of another person to a place kept for animal fighting; or (C) Sells, purchases, possesses, or trains an animal for animal fighting.

(A) Promotes, engages in, or is employed at animal fighting;

(B) Receives money for the admission of another person to a place kept for animal fighting; or

(C) Sells, purchases, possesses, or trains an animal for animal fighting.

(2) Unlawful animal fighting in the first degree is a Class D felony.

(b) (1) A person commits the offense of unlawful animal fighting in the second degree if he or she knowingly: (A) Purchases a ticket of admission to or is present at an animal fight; or (B) Witnesses an animal fight if it is presented as a public spectacle. (2) Unlawful animal fighting in the second degree is a Class A misdemeanor.

(1) A person commits the offense of unlawful animal fighting in the second degree if he or she knowingly: (A) Purchases a ticket of admission to or is present at an animal fight; or (B) Witnesses an animal fight if it is presented as a public spectacle.

(A) Purchases a ticket of admission to or is present at an animal fight; or

(B) Witnesses an animal fight if it is presented as a public spectacle.

(2) Unlawful animal fighting in the second degree is a Class A misdemeanor.

(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 all animals 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 all animals the use of which was the basis of the conviction. (2) Any animal ordered forfeited under a provision of this subsection shall be placed with an appropriate place of custody or an animal control agency.

(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 all animals the use of which was the basis of the conviction.

(2) Any animal ordered forfeited under a provision of this subsection shall be placed with an appropriate place of custody or an animal control agency.

(e) In addition to the fines, penalties, and forfeitures imposed under this section, the court may require the defendant to make restitution to the state, any of its political subdivisions, or an appropriate place of custody for housing, feeding, or providing medical treatment to an animal used for unlawful animal fighting.

(f) As used in this section, "animal fighting" means fighting between roosters or other birds or between dogs, bears, or other animals.

Acts 1981, No. 862, § 1; A.S.A. 1947, § 41-2918.1; Acts 1987, No. 26, § 1; 1989, No. 528, § 1; 2009, No. 33, § 6.
Ark. Code Ann. § 5-18-101 — AR Code / Title 5 / Chapter 18 / Section 5-18-101
Title
Status: in_force

This chapter shall be known as and may be cited as the "Human Trafficking Act of 2013". Added by Act 2013, No. 133,§ 3, eff. 8/16/2013. Added by Act 2013, No. 132,§ 3, eff. 8/16/2013.

This chapter shall be known as and may be cited as the "Human Trafficking Act of 2013".

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

Added by Act 2013, No. 132,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 5-4-911 — AR Code / Title 5 / Chapter 4 / Subchapter 9 / Section 5-4-911
Required resources
Status: in_force

Each pre-adjudication probation program established under this subchapter, subject to an appropriation, funding, and position authorization, both programmatic and administrative, shall be provided with the following resources: (1) The Department of Community Correction shall provide the following pursuant to § 5-4-903 for adult offenders: (A) A minimum of one (1) counselor position for every thirty (30) pre-adjudication probation program participants; (B) A minimum of one (1) probation officer position for every forty (40) pre-adjudication probation program participants; (C) A minimum of one (1) administrative assistant position for each pre-adjudication probation program; and (D) Drug screens and testing as needed. (2) The Administrative Office of the Courts shall: (A) Provide funding for additional ongoing maintenance and operation costs of local pre-adjudication probation programs not provided by the Department of Community Correction or the Department of Human Services, including without limitation local pre-adjudication probation program supplies, education, travel, and related expenses; (B) Provide direct support to the pre-adjudication probation program judge and pre-adjudication probation program; (C) Provide coordination between the multidisciplinary team and the pre-adjudication probation program judge; (D) Provide case management; (E) Monitor compliance of pre-adjudication probation program participants with pre-adjudication probation program requirements; and (F) Provide pre-adjudication probation program evaluation and accountability. Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.

Each pre-adjudication probation program established under this subchapter, subject to an appropriation, funding, and position authorization, both programmatic and administrative, shall be provided with the following resources:

(1) The Department of Community Correction shall provide the following pursuant to § 5-4-903 for adult offenders: (A) A minimum of one (1) counselor position for every thirty (30) pre-adjudication probation program participants; (B) A minimum of one (1) probation officer position for every forty (40) pre-adjudication probation program participants; (C) A minimum of one (1) administrative assistant position for each pre-adjudication probation program; and (D) Drug screens and testing as needed.

(A) A minimum of one (1) counselor position for every thirty (30) pre-adjudication probation program participants;

(B) A minimum of one (1) probation officer position for every forty (40) pre-adjudication probation program participants;

(C) A minimum of one (1) administrative assistant position for each pre-adjudication probation program; and

(D) Drug screens and testing as needed.

(2) The Administrative Office of the Courts shall: (A) Provide funding for additional ongoing maintenance and operation costs of local pre-adjudication probation programs not provided by the Department of Community Correction or the Department of Human Services, including without limitation local pre-adjudication probation program supplies, education, travel, and related expenses; (B) Provide direct support to the pre-adjudication probation program judge and pre-adjudication probation program; (C) Provide coordination between the multidisciplinary team and the pre-adjudication probation program judge; (D) Provide case management; (E) Monitor compliance of pre-adjudication probation program participants with pre-adjudication probation program requirements; and (F) Provide pre-adjudication probation program evaluation and accountability.

(A) Provide funding for additional ongoing maintenance and operation costs of local pre-adjudication probation programs not provided by the Department of Community Correction or the Department of Human Services, including without limitation local pre-adjudication probation program supplies, education, travel, and related expenses;

(B) Provide direct support to the pre-adjudication probation program judge and pre-adjudication probation program;

(C) Provide coordination between the multidisciplinary team and the pre-adjudication probation program judge;

(D) Provide case management;

(E) Monitor compliance of pre-adjudication probation program participants with pre-adjudication probation program requirements; and

(F) Provide pre-adjudication probation program evaluation and accountability.

Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-66-104 — AR Code / Title 5 / Chapter 66 / Section 5-66-104
Gaming devices - Prohibition
Status: in_force

(a) It is unlawful for a person to set up, keep, or exhibit any gaming table or gambling device, commonly called "A. B. C.", "E. O.", roulette, or rouge et noir, any faro bank, or any other gaming table or gambling device, or bank of the like or similar kind, or of any other description although not named in this section, regardless of the name or denomination, either: (1) Adapted, devised, or designed for the purpose of playing any game of chance; or (2) At which any money or property may be won or lost. (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, § 1; C. & M. Dig., § 2630; Pope's Dig., § 3320; A.S.A. 1947, § 41-3253; Acts 2009, No. 748, § 33.

(a) It is unlawful for a person to set up, keep, or exhibit any gaming table or gambling device, commonly called "A. B. C.", "E. O.", roulette, or rouge et noir, any faro bank, or any other gaming table or gambling device, or bank of the like or similar kind, or of any other description although not named in this section, regardless of the name or denomination, either: (1) Adapted, devised, or designed for the purpose of playing any game of chance; or (2) At which any money or property may be won or lost.

(1) Adapted, devised, or designed for the purpose of playing any game of chance; or

(2) At which any money or property may be won or lost.

(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, § 1; C. & M. Dig., § 2630; Pope's Dig., § 3320; A.S.A. 1947, § 41-3253; Acts 2009, No. 748, § 33.
Ark. Code Ann. § 5-73-306 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-306
Prohibited places
Status: in_force

Except as permitted under § 5-73-322(g) , a license to carry a concealed handgun issued under this subchapter does not authorize a person to carry a concealed handgun into: (1) Any police station, sheriff's station, or Division of Arkansas State Police station; (2) An Arkansas Highway Police Division of the Arkansas Department of Transportation facility; (3) [Repealed.] (4) Any part of a detention facility, prison, jail, or residential treatment facility owned or operated by the Division of Youth Services, including without limitation a parking lot owned, maintained, or otherwise controlled by: (A) The Division of Correction; (B) The Division of Community Correction; or (C) A residential treatment facility owned or operated by the Division of Youth Services; (5) Any courthouse, courthouse annex, or other building owned, leased, or regularly used by a county for conducting court proceedings or housing a county office unless: (A) The licensee is: (i) Employed by the county; (ii) A countywide elected official; (iii) A justice of the peace; or (iv) (a) Employed by a governmental entity other than the county with an office or place of employment inside the courthouse, the courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office. (b) A licensee is limited to carrying a concealed handgun under subdivision (5)(A)(iv) (a) of this section into the courthouse, courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office where the office or place of employment of the governmental entity that employs him or her is located; (B) The licensee's principal place of employment is within the courthouse, the courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office; and (C) The quorum court by ordinance approves a plan that allows licensees permitted under this subdivision (5) to carry a concealed handgun into the courthouse, courthouse annex, or other building owned, leased, or regularly used by a county for conducting court proceedings as set out by the local security and emergency preparedness plan; (6) (A) Any courtroom. (B) However, nothing in this subchapter precludes a judge from carrying a concealed weapon or determining who will carry a concealed weapon into his or her courtroom; (7) Any meeting place of the governing body of any governmental entity; (8) Any meeting of the General Assembly or a committee of the General Assembly; (9) Any state office; (10) Any athletic event not related to firearms; (11) (A) A portion of an establishment, except a restaurant as defined in § 3-5-1202 , licensed to dispense alcoholic beverages for consumption on the premises. (B) A person with a concealed carry endorsement under § 5-73-322(g) and who is carrying a concealed handgun may not enter an establishment under this section if the establishment either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location; (12) (A) A portion of an establishment, except a restaurant as defined in § 3-5-1202 , where beer or light wine is consumed on the premises. (B) A person with a concealed carry endorsement under § 5-73-322(g) and who is carrying a concealed handgun may not enter an establishment under this section if the establishment either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location; (13) (A) A school, college, community college, or university campus building or event. (B) However, subdivision (13)(A) of this section does not apply to: (i) A kindergarten through grade twelve (K-12) private school operated by a church or other place of worship that: (a) Is located on the developed property of the kindergarten through grade twelve (K-12) private school; (b) Allows the licensee to carry a concealed handgun into the church or other place of worship under this section; and (c) Allows the licensee to possess a concealed handgun on the developed property of the kindergarten through grade twelve (K-12) private school under § 5-73-119(e) ; (ii) A kindergarten through grade twelve (K-12) private school or a prekindergarten private school that through its governing board or director has set forth the rules and circumstances under which the licensee may carry a concealed handgun into a building or event of the kindergarten through grade twelve (K-12) private school or the prekindergarten private school; (iii) Participation in an authorized firearms-related activity; (iv) Carrying a concealed handgun as authorized under § 5-73-322 ; or (v) A publicly owned and maintained parking lot of a college, community college, or university if the licensee is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle; (14) Inside the passenger terminal of any airport, except that no person is prohibited from carrying any legal firearm into the passenger terminal if the firearm is encased for shipment for purposes of checking the firearm as baggage to be lawfully transported on any aircraft; (15) (A) Any church or other place of worship. (B) However, this subchapter does not preclude a church or other place of worship from determining who may carry a concealed handgun into the church or other place of worship. (C) A person with a concealed carry endorsement under § 5-73-322(g) and who is carrying a concealed handgun may not enter a church or other place of worship under this section if the church or other place of worship either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location; (16) Any place where the carrying of a firearm is prohibited by federal law; (17) Any place where a parade or demonstration requiring a permit is being held, and the licensee is a participant in the parade or demonstration; (18) (A) (i) Any place at the discretion of the person or entity exercising control over the physical location of the place by placing at each entrance to the place a written notice clearly readable at a distance of not less than ten feet (10') that "carrying a handgun is prohibited". (ii) (a) If the place does not have a roadway entrance, there shall be a written notice placed anywhere upon the premises of the place. (b) In addition to the requirement of subdivision (18)(A)(ii) (a) of this section, there shall be at least one (1) written notice posted within every three (3) acres of a place with no roadway entrance. (iii) A written notice as described in subdivision (18)(A)(i) of this section is not required for a private home. (iv) Any licensee entering a private home shall notify the occupant that the licensee is carrying a concealed handgun. (B) Subdivision (18)(A) of this section does not apply if the place is: (i) A public university, public college, or community college, as defined in § 5-73-322 , and the licensee is carrying a concealed handgun as provided under § 5-73-322 ; (ii) A publicly owned and maintained parking lot if the licensee is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle; (iii) A parking lot of a private employer and the person is carrying a handgun as provided under § 11-5-117 ; or (iv) A place owned, controlled, or operated by a local unit of government as defined in § 14-16-504 if the licensee is carrying a concealed handgun as provided under § 5-73-322(g) and (h) , unless the place is listed in § 5-73-122(a)(3)(D)(i) -(iv) or the place is a part of a building licensed to dispense alcoholic beverages for consumption on the premises. (C) The person or entity exercising control over the physical location of a place that does not use his, her, or its authority under this subdivision (18) to prohibit a person from possessing a concealed handgun is immune from a claim for monetary damages arising from or related to the decision not to place at each entrance to the place a written notice under this subdivision (18); (19) (A) (i) A place owned or operated by a private entity that prohibits the carrying of a concealed handgun that posts a written notice as described under subdivision (18)(A) of this section. (ii) (a) A place owned or operated by a private entity that chooses not to post a written notice as described under subdivision (18)(A) of this section may provide written or verbal notification to a licensee who is carrying a concealed handgun at the place owned or operated by a private entity that carrying of a concealed handgun is prohibited. (b) A licensee who receives written or verbal notification under subdivision (19)(A)(ii) (a) of this section is deemed to have violated this subdivision (19) if the licensee while carrying a concealed handgun either remains at or returns to the place owned or operated by the private entity. (B) A place owned or operated by a private entity under this subdivision (19) includes without limitation: (i) A private university or private college; (ii) A church or other place of worship; (iii) An establishment, except a restaurant as defined in § 3-5-1202 , licensed to dispense alcoholic beverages for consumption on the premises; and (iv) An establishment, except a restaurant as defined in § 3-5-1202 , where beer or light wine is consumed on the premises; or (20) A posted firearm-sensitive area, as approved by the Division of Arkansas State Police under § 5-73-325 , located at: (A) The Arkansas State Hospital; (B) The University of Arkansas for Medical Sciences; or (C) A collegiate athletic event. Amended by Act 2023, No. 215,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 1024,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 809,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 431,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 683, eff. 7/1/2019. Amended by Act 2017, No. 859,§ 6, eff. 9/1/2017. Amended by Act 2017, No. 859,§ 5, eff. 9/1/2017. Amended by Act 2017, No. 859,§ 4, eff. 9/1/2017. Amended by Act 2017, No. 562,§ 5, eff. 9/1/2017. Amended by Act 2017, No. 562,§ 4, eff. 9/1/2017. Amended by Act 2017, No. 562,§ 3, eff. 9/1/2017. Amended by Act 2017, No. 562,§ 2, eff. 9/1/2017. Amended by Act 2017, No. 1071,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 1071,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 707,§ 5, eff. 8/1/2017. Amended by Act 2015, No. 1259,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 1175,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 1078,§ 7, eff. 7/22/2015. Amended by Act 2015, No. 1078,§ 6, eff. 7/22/2015. Amended by Act 2015, No. 1078,§ 5, eff. 7/22/2015. Amended by Act 2015, No. 1078,§ 4, eff. 7/22/2015. Amended by Act 2015, No. 933,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 1390,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 226,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 226,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 67,§ 1, eff. 2/11/2013. Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 2; 2003, No. 1110, § 1; 2007, No. 664, § 2; 2009, No. 294, § 28; 2011, No. 758, § 1.

Except as permitted under § 5-73-322(g) , a license to carry a concealed handgun issued under this subchapter does not authorize a person to carry a concealed handgun into:

(1) Any police station, sheriff's station, or Division of Arkansas State Police station;

(2) An Arkansas Highway Police Division of the Arkansas Department of Transportation facility;

(3) [Repealed.]

(4) Any part of a detention facility, prison, jail, or residential treatment facility owned or operated by the Division of Youth Services, including without limitation a parking lot owned, maintained, or otherwise controlled by: (A) The Division of Correction; (B) The Division of Community Correction; or (C) A residential treatment facility owned or operated by the Division of Youth Services;

(A) The Division of Correction;

(B) The Division of Community Correction; or

(C) A residential treatment facility owned or operated by the Division of Youth Services;

(5) Any courthouse, courthouse annex, or other building owned, leased, or regularly used by a county for conducting court proceedings or housing a county office unless: (A) The licensee is: (i) Employed by the county; (ii) A countywide elected official; (iii) A justice of the peace; or (iv) (a) Employed by a governmental entity other than the county with an office or place of employment inside the courthouse, the courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office. (b) A licensee is limited to carrying a concealed handgun under subdivision (5)(A)(iv) (a) of this section into the courthouse, courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office where the office or place of employment of the governmental entity that employs him or her is located; (B) The licensee's principal place of employment is within the courthouse, the courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office; and (C) The quorum court by ordinance approves a plan that allows licensees permitted under this subdivision (5) to carry a concealed handgun into the courthouse, courthouse annex, or other building owned, leased, or regularly used by a county for conducting court proceedings as set out by the local security and emergency preparedness plan;

(A) The licensee is: (i) Employed by the county; (ii) A countywide elected official; (iii) A justice of the peace; or (iv) (a) Employed by a governmental entity other than the county with an office or place of employment inside the courthouse, the courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office. (b) A licensee is limited to carrying a concealed handgun under subdivision (5)(A)(iv) (a) of this section into the courthouse, courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office where the office or place of employment of the governmental entity that employs him or her is located;

(i) Employed by the county;

(ii) A countywide elected official;

(iii) A justice of the peace; or

(iv) (a) Employed by a governmental entity other than the county with an office or place of employment inside the courthouse, the courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office. (b) A licensee is limited to carrying a concealed handgun under subdivision (5)(A)(iv) (a) of this section into the courthouse, courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office where the office or place of employment of the governmental entity that employs him or her is located;

(a) Employed by a governmental entity other than the county with an office or place of employment inside the courthouse, the courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office.

(b) A licensee is limited to carrying a concealed handgun under subdivision (5)(A)(iv) (a) of this section into the courthouse, courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office where the office or place of employment of the governmental entity that employs him or her is located;

(B) The licensee's principal place of employment is within the courthouse, the courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office; and

(C) The quorum court by ordinance approves a plan that allows licensees permitted under this subdivision (5) to carry a concealed handgun into the courthouse, courthouse annex, or other building owned, leased, or regularly used by a county for conducting court proceedings as set out by the local security and emergency preparedness plan;

(6) (A) Any courtroom. (B) However, nothing in this subchapter precludes a judge from carrying a concealed weapon or determining who will carry a concealed weapon into his or her courtroom;

(A) Any courtroom.

(B) However, nothing in this subchapter precludes a judge from carrying a concealed weapon or determining who will carry a concealed weapon into his or her courtroom;

(7) Any meeting place of the governing body of any governmental entity;

(8) Any meeting of the General Assembly or a committee of the General Assembly;

(9) Any state office;

(10) Any athletic event not related to firearms;

(11) (A) A portion of an establishment, except a restaurant as defined in § 3-5-1202 , licensed to dispense alcoholic beverages for consumption on the premises. (B) A person with a concealed carry endorsement under § 5-73-322(g) and who is carrying a concealed handgun may not enter an establishment under this section if the establishment either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location;

(A) A portion of an establishment, except a restaurant as defined in § 3-5-1202 , licensed to dispense alcoholic beverages for consumption on the premises.

(B) A person with a concealed carry endorsement under § 5-73-322(g) and who is carrying a concealed handgun may not enter an establishment under this section if the establishment either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location;

(12) (A) A portion of an establishment, except a restaurant as defined in § 3-5-1202 , where beer or light wine is consumed on the premises. (B) A person with a concealed carry endorsement under § 5-73-322(g) and who is carrying a concealed handgun may not enter an establishment under this section if the establishment either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location;

(A) A portion of an establishment, except a restaurant as defined in § 3-5-1202 , where beer or light wine is consumed on the premises.

(B) A person with a concealed carry endorsement under § 5-73-322(g) and who is carrying a concealed handgun may not enter an establishment under this section if the establishment either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location;

(13) (A) A school, college, community college, or university campus building or event. (B) However, subdivision (13)(A) of this section does not apply to: (i) A kindergarten through grade twelve (K-12) private school operated by a church or other place of worship that: (a) Is located on the developed property of the kindergarten through grade twelve (K-12) private school; (b) Allows the licensee to carry a concealed handgun into the church or other place of worship under this section; and (c) Allows the licensee to possess a concealed handgun on the developed property of the kindergarten through grade twelve (K-12) private school under § 5-73-119(e) ; (ii) A kindergarten through grade twelve (K-12) private school or a prekindergarten private school that through its governing board or director has set forth the rules and circumstances under which the licensee may carry a concealed handgun into a building or event of the kindergarten through grade twelve (K-12) private school or the prekindergarten private school; (iii) Participation in an authorized firearms-related activity; (iv) Carrying a concealed handgun as authorized under § 5-73-322 ; or (v) A publicly owned and maintained parking lot of a college, community college, or university if the licensee is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle;

(A) A school, college, community college, or university campus building or event.

(B) However, subdivision (13)(A) of this section does not apply to: (i) A kindergarten through grade twelve (K-12) private school operated by a church or other place of worship that: (a) Is located on the developed property of the kindergarten through grade twelve (K-12) private school; (b) Allows the licensee to carry a concealed handgun into the church or other place of worship under this section; and (c) Allows the licensee to possess a concealed handgun on the developed property of the kindergarten through grade twelve (K-12) private school under § 5-73-119(e) ; (ii) A kindergarten through grade twelve (K-12) private school or a prekindergarten private school that through its governing board or director has set forth the rules and circumstances under which the licensee may carry a concealed handgun into a building or event of the kindergarten through grade twelve (K-12) private school or the prekindergarten private school; (iii) Participation in an authorized firearms-related activity; (iv) Carrying a concealed handgun as authorized under § 5-73-322 ; or (v) A publicly owned and maintained parking lot of a college, community college, or university if the licensee is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle;

(i) A kindergarten through grade twelve (K-12) private school operated by a church or other place of worship that: (a) Is located on the developed property of the kindergarten through grade twelve (K-12) private school; (b) Allows the licensee to carry a concealed handgun into the church or other place of worship under this section; and (c) Allows the licensee to possess a concealed handgun on the developed property of the kindergarten through grade twelve (K-12) private school under § 5-73-119(e) ;

(a) Is located on the developed property of the kindergarten through grade twelve (K-12) private school;

(b) Allows the licensee to carry a concealed handgun into the church or other place of worship under this section; and

(c) Allows the licensee to possess a concealed handgun on the developed property of the kindergarten through grade twelve (K-12) private school under § 5-73-119(e) ;

(ii) A kindergarten through grade twelve (K-12) private school or a prekindergarten private school that through its governing board or director has set forth the rules and circumstances under which the licensee may carry a concealed handgun into a building or event of the kindergarten through grade twelve (K-12) private school or the prekindergarten private school;

(iii) Participation in an authorized firearms-related activity;

(iv) Carrying a concealed handgun as authorized under § 5-73-322 ; or

(v) A publicly owned and maintained parking lot of a college, community college, or university if the licensee is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle;

(14) Inside the passenger terminal of any airport, except that no person is prohibited from carrying any legal firearm into the passenger terminal if the firearm is encased for shipment for purposes of checking the firearm as baggage to be lawfully transported on any aircraft;

(15) (A) Any church or other place of worship. (B) However, this subchapter does not preclude a church or other place of worship from determining who may carry a concealed handgun into the church or other place of worship. (C) A person with a concealed carry endorsement under § 5-73-322(g) and who is carrying a concealed handgun may not enter a church or other place of worship under this section if the church or other place of worship either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location;

(A) Any church or other place of worship.

(B) However, this subchapter does not preclude a church or other place of worship from determining who may carry a concealed handgun into the church or other place of worship.

(C) A person with a concealed carry endorsement under § 5-73-322(g) and who is carrying a concealed handgun may not enter a church or other place of worship under this section if the church or other place of worship either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location;

(16) Any place where the carrying of a firearm is prohibited by federal law;

(17) Any place where a parade or demonstration requiring a permit is being held, and the licensee is a participant in the parade or demonstration;

(18) (A) (i) Any place at the discretion of the person or entity exercising control over the physical location of the place by placing at each entrance to the place a written notice clearly readable at a distance of not less than ten feet (10') that "carrying a handgun is prohibited". (ii) (a) If the place does not have a roadway entrance, there shall be a written notice placed anywhere upon the premises of the place. (b) In addition to the requirement of subdivision (18)(A)(ii) (a) of this section, there shall be at least one (1) written notice posted within every three (3) acres of a place with no roadway entrance. (iii) A written notice as described in subdivision (18)(A)(i) of this section is not required for a private home. (iv) Any licensee entering a private home shall notify the occupant that the licensee is carrying a concealed handgun. (B) Subdivision (18)(A) of this section does not apply if the place is: (i) A public university, public college, or community college, as defined in § 5-73-322 , and the licensee is carrying a concealed handgun as provided under § 5-73-322 ; (ii) A publicly owned and maintained parking lot if the licensee is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle; (iii) A parking lot of a private employer and the person is carrying a handgun as provided under § 11-5-117 ; or (iv) A place owned, controlled, or operated by a local unit of government as defined in § 14-16-504 if the licensee is carrying a concealed handgun as provided under § 5-73-322(g) and (h) , unless the place is listed in § 5-73-122(a)(3)(D)(i) -(iv) or the place is a part of a building licensed to dispense alcoholic beverages for consumption on the premises. (C) The person or entity exercising control over the physical location of a place that does not use his, her, or its authority under this subdivision (18) to prohibit a person from possessing a concealed handgun is immune from a claim for monetary damages arising from or related to the decision not to place at each entrance to the place a written notice under this subdivision (18);

(A) (i) Any place at the discretion of the person or entity exercising control over the physical location of the place by placing at each entrance to the place a written notice clearly readable at a distance of not less than ten feet (10') that "carrying a handgun is prohibited". (ii) (a) If the place does not have a roadway entrance, there shall be a written notice placed anywhere upon the premises of the place. (b) In addition to the requirement of subdivision (18)(A)(ii) (a) of this section, there shall be at least one (1) written notice posted within every three (3) acres of a place with no roadway entrance. (iii) A written notice as described in subdivision (18)(A)(i) of this section is not required for a private home. (iv) Any licensee entering a private home shall notify the occupant that the licensee is carrying a concealed handgun.

(i) Any place at the discretion of the person or entity exercising control over the physical location of the place by placing at each entrance to the place a written notice clearly readable at a distance of not less than ten feet (10') that "carrying a handgun is prohibited".

(ii) (a) If the place does not have a roadway entrance, there shall be a written notice placed anywhere upon the premises of the place. (b) In addition to the requirement of subdivision (18)(A)(ii) (a) of this section, there shall be at least one (1) written notice posted within every three (3) acres of a place with no roadway entrance.

(a) If the place does not have a roadway entrance, there shall be a written notice placed anywhere upon the premises of the place.

(b) In addition to the requirement of subdivision (18)(A)(ii) (a) of this section, there shall be at least one (1) written notice posted within every three (3) acres of a place with no roadway entrance.

(iii) A written notice as described in subdivision (18)(A)(i) of this section is not required for a private home.

(iv) Any licensee entering a private home shall notify the occupant that the licensee is carrying a concealed handgun.

(B) Subdivision (18)(A) of this section does not apply if the place is: (i) A public university, public college, or community college, as defined in § 5-73-322 , and the licensee is carrying a concealed handgun as provided under § 5-73-322 ; (ii) A publicly owned and maintained parking lot if the licensee is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle; (iii) A parking lot of a private employer and the person is carrying a handgun as provided under § 11-5-117 ; or (iv) A place owned, controlled, or operated by a local unit of government as defined in § 14-16-504 if the licensee is carrying a concealed handgun as provided under § 5-73-322(g) and (h) , unless the place is listed in § 5-73-122(a)(3)(D)(i) -(iv) or the place is a part of a building licensed to dispense alcoholic beverages for consumption on the premises.

(i) A public university, public college, or community college, as defined in § 5-73-322 , and the licensee is carrying a concealed handgun as provided under § 5-73-322 ;

(ii) A publicly owned and maintained parking lot if the licensee is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle;

(iii) A parking lot of a private employer and the person is carrying a handgun as provided under § 11-5-117 ; or

(iv) A place owned, controlled, or operated by a local unit of government as defined in § 14-16-504 if the licensee is carrying a concealed handgun as provided under § 5-73-322(g) and (h) , unless the place is listed in § 5-73-122(a)(3)(D)(i) -(iv) or the place is a part of a building licensed to dispense alcoholic beverages for consumption on the premises.

(C) The person or entity exercising control over the physical location of a place that does not use his, her, or its authority under this subdivision (18) to prohibit a person from possessing a concealed handgun is immune from a claim for monetary damages arising from or related to the decision not to place at each entrance to the place a written notice under this subdivision (18);

(19) (A) (i) A place owned or operated by a private entity that prohibits the carrying of a concealed handgun that posts a written notice as described under subdivision (18)(A) of this section. (ii) (a) A place owned or operated by a private entity that chooses not to post a written notice as described under subdivision (18)(A) of this section may provide written or verbal notification to a licensee who is carrying a concealed handgun at the place owned or operated by a private entity that carrying of a concealed handgun is prohibited. (b) A licensee who receives written or verbal notification under subdivision (19)(A)(ii) (a) of this section is deemed to have violated this subdivision (19) if the licensee while carrying a concealed handgun either remains at or returns to the place owned or operated by the private entity. (B) A place owned or operated by a private entity under this subdivision (19) includes without limitation: (i) A private university or private college; (ii) A church or other place of worship; (iii) An establishment, except a restaurant as defined in § 3-5-1202 , licensed to dispense alcoholic beverages for consumption on the premises; and (iv) An establishment, except a restaurant as defined in § 3-5-1202 , where beer or light wine is consumed on the premises; or

(A) (i) A place owned or operated by a private entity that prohibits the carrying of a concealed handgun that posts a written notice as described under subdivision (18)(A) of this section. (ii) (a) A place owned or operated by a private entity that chooses not to post a written notice as described under subdivision (18)(A) of this section may provide written or verbal notification to a licensee who is carrying a concealed handgun at the place owned or operated by a private entity that carrying of a concealed handgun is prohibited. (b) A licensee who receives written or verbal notification under subdivision (19)(A)(ii) (a) of this section is deemed to have violated this subdivision (19) if the licensee while carrying a concealed handgun either remains at or returns to the place owned or operated by the private entity.

(i) A place owned or operated by a private entity that prohibits the carrying of a concealed handgun that posts a written notice as described under subdivision (18)(A) of this section.

(ii) (a) A place owned or operated by a private entity that chooses not to post a written notice as described under subdivision (18)(A) of this section may provide written or verbal notification to a licensee who is carrying a concealed handgun at the place owned or operated by a private entity that carrying of a concealed handgun is prohibited. (b) A licensee who receives written or verbal notification under subdivision (19)(A)(ii) (a) of this section is deemed to have violated this subdivision (19) if the licensee while carrying a concealed handgun either remains at or returns to the place owned or operated by the private entity.

(a) A place owned or operated by a private entity that chooses not to post a written notice as described under subdivision (18)(A) of this section may provide written or verbal notification to a licensee who is carrying a concealed handgun at the place owned or operated by a private entity that carrying of a concealed handgun is prohibited.

(b) A licensee who receives written or verbal notification under subdivision (19)(A)(ii) (a) of this section is deemed to have violated this subdivision (19) if the licensee while carrying a concealed handgun either remains at or returns to the place owned or operated by the private entity.

(B) A place owned or operated by a private entity under this subdivision (19) includes without limitation: (i) A private university or private college; (ii) A church or other place of worship; (iii) An establishment, except a restaurant as defined in § 3-5-1202 , licensed to dispense alcoholic beverages for consumption on the premises; and (iv) An establishment, except a restaurant as defined in § 3-5-1202 , where beer or light wine is consumed on the premises; or

(i) A private university or private college;

(ii) A church or other place of worship;

(iii) An establishment, except a restaurant as defined in § 3-5-1202 , licensed to dispense alcoholic beverages for consumption on the premises; and

(iv) An establishment, except a restaurant as defined in § 3-5-1202 , where beer or light wine is consumed on the premises; or

(20) A posted firearm-sensitive area, as approved by the Division of Arkansas State Police under § 5-73-325 , located at: (A) The Arkansas State Hospital; (B) The University of Arkansas for Medical Sciences; or (C) A collegiate athletic event.

(A) The Arkansas State Hospital;

(B) The University of Arkansas for Medical Sciences; or

(C) A collegiate athletic event.

Amended by Act 2023, No. 215,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 1024,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 809,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 431,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 683, eff. 7/1/2019.

Amended by Act 2017, No. 859,§ 6, eff. 9/1/2017.

Amended by Act 2017, No. 859,§ 5, eff. 9/1/2017.

Amended by Act 2017, No. 859,§ 4, eff. 9/1/2017.

Amended by Act 2017, No. 562,§ 5, eff. 9/1/2017.

Amended by Act 2017, No. 562,§ 4, eff. 9/1/2017.

Amended by Act 2017, No. 562,§ 3, eff. 9/1/2017.

Amended by Act 2017, No. 562,§ 2, eff. 9/1/2017.

Amended by Act 2017, No. 1071,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 707,§ 5, eff. 8/1/2017.

Amended by Act 2015, No. 1259,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 1175,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 1078,§ 7, eff. 7/22/2015.

Amended by Act 2015, No. 1078,§ 6, eff. 7/22/2015.

Amended by Act 2015, No. 1078,§ 5, eff. 7/22/2015.

Amended by Act 2015, No. 1078,§ 4, eff. 7/22/2015.

Amended by Act 2015, No. 933,§ 2, eff. 7/22/2015.

Amended by Act 2013, No. 1390,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 226,§ 4, eff. 8/16/2013.

Amended by Act 2013, No. 226,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 67,§ 1, eff. 2/11/2013.

Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 2; 2003, No. 1110, § 1; 2007, No. 664, § 2; 2009, No. 294, § 28; 2011, No. 758, § 1.
Ark. Code Ann. § 5-41-108 — AR Code / Title 5 / Chapter 41 / Subchapter 1 / Section 5-41-108
Unlawful computerized communications
Status: in_force

(a) A person commits the offense of unlawful computerized communications if, with the purpose to frighten, intimidate, threaten, abuse, or harass another person, the person sends a message: (1) To the other person on an electronic mail or other computerized communication system and in that message threatens to cause physical injury to any person or damage to the property of any person; (2) On an electronic mail or other computerized communication system with the reasonable expectation that the other person will receive the message and in that message threatens to cause physical injury to any person or damage to the property of any person; (3) To another person on an electronic mail or other computerized communication system and in that message uses any obscene, lewd, or profane language; or (4) On an electronic mail or other computerized communication system with the reasonable expectation that the other person will receive the message and in that message uses any obscene, lewd, or profane language. (b) Unlawful computerized communications is a Class A misdemeanor. (c) (1) The judicial officer in a court of competent jurisdiction shall upon pretrial release of the defendant enter an order consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (2) A protective order under subdivision (c)(1) of this section remains in effect during the pendency of any appeal of a conviction under this section. Acts 1997, No. 1153, § 2.

(a) A person commits the offense of unlawful computerized communications if, with the purpose to frighten, intimidate, threaten, abuse, or harass another person, the person sends a message: (1) To the other person on an electronic mail or other computerized communication system and in that message threatens to cause physical injury to any person or damage to the property of any person; (2) On an electronic mail or other computerized communication system with the reasonable expectation that the other person will receive the message and in that message threatens to cause physical injury to any person or damage to the property of any person; (3) To another person on an electronic mail or other computerized communication system and in that message uses any obscene, lewd, or profane language; or (4) On an electronic mail or other computerized communication system with the reasonable expectation that the other person will receive the message and in that message uses any obscene, lewd, or profane language.

(1) To the other person on an electronic mail or other computerized communication system and in that message threatens to cause physical injury to any person or damage to the property of any person;

(2) On an electronic mail or other computerized communication system with the reasonable expectation that the other person will receive the message and in that message threatens to cause physical injury to any person or damage to the property of any person;

(3) To another person on an electronic mail or other computerized communication system and in that message uses any obscene, lewd, or profane language; or

(4) On an electronic mail or other computerized communication system with the reasonable expectation that the other person will receive the message and in that message uses any obscene, lewd, or profane language.

(b) Unlawful computerized communications is a Class A misdemeanor.

(c) (1) The judicial officer in a court of competent jurisdiction shall upon pretrial release of the defendant enter an order consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (2) A protective order under subdivision (c)(1) of this section remains in effect during the pendency of any appeal of a conviction under this section.

(1) The judicial officer in a court of competent jurisdiction shall upon pretrial release of the defendant enter an order consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.

(2) A protective order under subdivision (c)(1) of this section remains in effect during the pendency of any appeal of a conviction under this section.

Acts 1997, No. 1153, § 2.