Ark. Code Ann. § 5-4-803 — AR Code / Title 5 / Chapter 4 / Subchapter 8 / Section 5-4-803
Procedure
Status: in_force

(a) A court may sentence an eligible offender under this subchapter. (b) (1) If a court elects to sentence an eligible offender under this subchapter, the court may suspend imposition of sentence for the eligible offender for a period not to exceed the period of years that is the maximum penalty for the offense for which convicted upon condition that the eligible offender be incarcerated in a county jail or regional jail to participate in a community work project. (2) In order for the eligible offender to participate in a community work project, space must be available in the county jail or regional jail as certified by the county sheriff to the: (A) Division of Correction for an eligible offender committed to the division; or (B) Court for an eligible offender serving time for a misdemeanor offense. (3) The length of the community work project service and incarceration shall not exceed eighteen (18) months for a felony offense with work incentive credit or, in the case of a misdemeanor offense, the maximum length of incarceration for the misdemeanor offense reduced by the work incentive credit. (c) (1) If an eligible offender sentenced under this subchapter withdraws consent to participate in a community work project, then: (A) The county sheriff shall notify the court and bring the eligible offender before the court within a reasonable time; and (B) The court shall determine whether the eligible offender has withdrawn consent to participate in a community work project. (2) If the court finds that the eligible offender has withdrawn consent to participate in the community work project, the court shall remand the eligible offender for the remaining portion of the eligible offender's sentence to the: (A) Division for a felony offense; or (B) County sheriff for a misdemeanor offense. (3) If an eligible offender withdraws consent to participate in a community work project, the eligible offender is entitled to all good time, parole, and post-release supervision eligibility considerations as provided by law. (4) Any portion of the sentence that was suspended by the court at the time of the original sentence is not affected by the removal of an eligible offender from participating in the community work project. (d) (1) If an eligible offender's conduct while participating in a community work project is unsatisfactory, upon petition filed by the prosecuting attorney, the court may schedule a hearing to determine if the eligible offender should be allowed to continue to participate in the community work project. (2) A hearing under this subsection shall follow the same format and accord the eligible offender the same safeguards as the revocation procedure in § 16-93-307 . (3) The burden of proof necessary for revocation of a sentence under this subchapter shall be a preponderance of the evidence that the eligible offender's conduct has been unsatisfactory while participating in a community work project. (4) If the court finds that the eligible offender's conduct has been unsatisfactory while performing in a community work project, the court shall remand the eligible offender for the remaining portion of the eligible offender's sentence to the: (A) Division for a felony offense; or (B) County sheriff for a misdemeanor offense. (5) If an eligible offender's conduct is found to be unsatisfactory, the eligible offender is entitled to all good time, parole, and post-release supervision eligibility considerations as provided by law. Amended by Act 2023, No. 659,§ 23, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 22, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 663, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 662, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 661, eff. 7/1/2019. Amended by Act 2013, No. 1125,§ 3, eff. 8/16/2013. Acts 2011, No. 570, § 21.

(a) A court may sentence an eligible offender under this subchapter.

(b) (1) If a court elects to sentence an eligible offender under this subchapter, the court may suspend imposition of sentence for the eligible offender for a period not to exceed the period of years that is the maximum penalty for the offense for which convicted upon condition that the eligible offender be incarcerated in a county jail or regional jail to participate in a community work project. (2) In order for the eligible offender to participate in a community work project, space must be available in the county jail or regional jail as certified by the county sheriff to the: (A) Division of Correction for an eligible offender committed to the division; or (B) Court for an eligible offender serving time for a misdemeanor offense. (3) The length of the community work project service and incarceration shall not exceed eighteen (18) months for a felony offense with work incentive credit or, in the case of a misdemeanor offense, the maximum length of incarceration for the misdemeanor offense reduced by the work incentive credit.

(1) If a court elects to sentence an eligible offender under this subchapter, the court may suspend imposition of sentence for the eligible offender for a period not to exceed the period of years that is the maximum penalty for the offense for which convicted upon condition that the eligible offender be incarcerated in a county jail or regional jail to participate in a community work project.

(2) In order for the eligible offender to participate in a community work project, space must be available in the county jail or regional jail as certified by the county sheriff to the: (A) Division of Correction for an eligible offender committed to the division; or (B) Court for an eligible offender serving time for a misdemeanor offense.

(A) Division of Correction for an eligible offender committed to the division; or

(B) Court for an eligible offender serving time for a misdemeanor offense.

(3) The length of the community work project service and incarceration shall not exceed eighteen (18) months for a felony offense with work incentive credit or, in the case of a misdemeanor offense, the maximum length of incarceration for the misdemeanor offense reduced by the work incentive credit.

(c) (1) If an eligible offender sentenced under this subchapter withdraws consent to participate in a community work project, then: (A) The county sheriff shall notify the court and bring the eligible offender before the court within a reasonable time; and (B) The court shall determine whether the eligible offender has withdrawn consent to participate in a community work project. (2) If the court finds that the eligible offender has withdrawn consent to participate in the community work project, the court shall remand the eligible offender for the remaining portion of the eligible offender's sentence to the: (A) Division for a felony offense; or (B) County sheriff for a misdemeanor offense. (3) If an eligible offender withdraws consent to participate in a community work project, the eligible offender is entitled to all good time, parole, and post-release supervision eligibility considerations as provided by law. (4) Any portion of the sentence that was suspended by the court at the time of the original sentence is not affected by the removal of an eligible offender from participating in the community work project.

(1) If an eligible offender sentenced under this subchapter withdraws consent to participate in a community work project, then: (A) The county sheriff shall notify the court and bring the eligible offender before the court within a reasonable time; and (B) The court shall determine whether the eligible offender has withdrawn consent to participate in a community work project.

(A) The county sheriff shall notify the court and bring the eligible offender before the court within a reasonable time; and

(B) The court shall determine whether the eligible offender has withdrawn consent to participate in a community work project.

(2) If the court finds that the eligible offender has withdrawn consent to participate in the community work project, the court shall remand the eligible offender for the remaining portion of the eligible offender's sentence to the: (A) Division for a felony offense; or (B) County sheriff for a misdemeanor offense.

(A) Division for a felony offense; or

(B) County sheriff for a misdemeanor offense.

(3) If an eligible offender withdraws consent to participate in a community work project, the eligible offender is entitled to all good time, parole, and post-release supervision eligibility considerations as provided by law.

(4) Any portion of the sentence that was suspended by the court at the time of the original sentence is not affected by the removal of an eligible offender from participating in the community work project.

(d) (1) If an eligible offender's conduct while participating in a community work project is unsatisfactory, upon petition filed by the prosecuting attorney, the court may schedule a hearing to determine if the eligible offender should be allowed to continue to participate in the community work project. (2) A hearing under this subsection shall follow the same format and accord the eligible offender the same safeguards as the revocation procedure in § 16-93-307 . (3) The burden of proof necessary for revocation of a sentence under this subchapter shall be a preponderance of the evidence that the eligible offender's conduct has been unsatisfactory while participating in a community work project. (4) If the court finds that the eligible offender's conduct has been unsatisfactory while performing in a community work project, the court shall remand the eligible offender for the remaining portion of the eligible offender's sentence to the: (A) Division for a felony offense; or (B) County sheriff for a misdemeanor offense. (5) If an eligible offender's conduct is found to be unsatisfactory, the eligible offender is entitled to all good time, parole, and post-release supervision eligibility considerations as provided by law.

(1) If an eligible offender's conduct while participating in a community work project is unsatisfactory, upon petition filed by the prosecuting attorney, the court may schedule a hearing to determine if the eligible offender should be allowed to continue to participate in the community work project.

(2) A hearing under this subsection shall follow the same format and accord the eligible offender the same safeguards as the revocation procedure in § 16-93-307 .

(3) The burden of proof necessary for revocation of a sentence under this subchapter shall be a preponderance of the evidence that the eligible offender's conduct has been unsatisfactory while participating in a community work project.

(4) If the court finds that the eligible offender's conduct has been unsatisfactory while performing in a community work project, the court shall remand the eligible offender for the remaining portion of the eligible offender's sentence to the: (A) Division for a felony offense; or (B) County sheriff for a misdemeanor offense.

(A) Division for a felony offense; or

(B) County sheriff for a misdemeanor offense.

(5) If an eligible offender's conduct is found to be unsatisfactory, the eligible offender is entitled to all good time, parole, and post-release supervision eligibility considerations as provided by law.

Amended by Act 2023, No. 659,§ 23, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 22, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 663, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 662, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 661, eff. 7/1/2019.

Amended by Act 2013, No. 1125,§ 3, eff. 8/16/2013.

Acts 2011, No. 570, § 21.
Ark. Code Ann. § 5-73-316 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-316
Fees
Status: in_force

Any fee collected by the Department of Arkansas State Police pursuant to this subchapter shall be deposited into the Department of Arkansas State Police Fund. Acts 1995, No. 411, § 2; 1995, No. 419, § 2.

Any fee collected by the Department of Arkansas State Police pursuant to this subchapter shall be deposited into the Department of Arkansas State Police Fund.

Acts 1995, No. 411, § 2; 1995, No. 419, § 2.
Ark. Code Ann. § 5-13-209 — AR Code / Title 5 / Chapter 13 / Subchapter 2 / Section 5-13-209
Abuse of an athletic contest official
Status: in_force

(a) A person commits abuse of an athletic contest official if, immediately prior to, during, or immediately following an interscholastic, intercollegiate, or any other organized amateur or professional athletic contest in which an athletic contest official is participating, the person: (1) With the purpose of causing serious physical injury to an athletic contest official, causes serious physical injury to an athletic contest official; (2) With the purpose of causing physical injury to an athletic contest official, causes serious physical injury to an athletic contest official; (3) With the purpose of causing physical injury to an athletic contest official, causes physical injury to an athletic contest official; or (4) Purposely creates apprehension of imminent physical injury in an athletic contest official. (b) Abuse of an athletic contest official is a: (1) Class B felony under subdivision (a)(1) of this section; (2) Class C felony under subdivision (a)(2) of this section; (3) Class A misdemeanor under subdivision (a)(3) of this section with a minimum fine of two thousand five hundred dollars ($2,500); and (4) Class A misdemeanor under subdivision (a)(4) of this section. Amended by Act 2023, No. 420,§ 1, eff. 8/1/2023. Acts 1987, No. 355, § 1; 2007, No. 827, § 28.

(a) A person commits abuse of an athletic contest official if, immediately prior to, during, or immediately following an interscholastic, intercollegiate, or any other organized amateur or professional athletic contest in which an athletic contest official is participating, the person: (1) With the purpose of causing serious physical injury to an athletic contest official, causes serious physical injury to an athletic contest official; (2) With the purpose of causing physical injury to an athletic contest official, causes serious physical injury to an athletic contest official; (3) With the purpose of causing physical injury to an athletic contest official, causes physical injury to an athletic contest official; or (4) Purposely creates apprehension of imminent physical injury in an athletic contest official.

(1) With the purpose of causing serious physical injury to an athletic contest official, causes serious physical injury to an athletic contest official;

(2) With the purpose of causing physical injury to an athletic contest official, causes serious physical injury to an athletic contest official;

(3) With the purpose of causing physical injury to an athletic contest official, causes physical injury to an athletic contest official; or

(4) Purposely creates apprehension of imminent physical injury in an athletic contest official.

(b) Abuse of an athletic contest official is a: (1) Class B felony under subdivision (a)(1) of this section; (2) Class C felony under subdivision (a)(2) of this section; (3) Class A misdemeanor under subdivision (a)(3) of this section with a minimum fine of two thousand five hundred dollars ($2,500); and (4) Class A misdemeanor under subdivision (a)(4) of this section.

(1) Class B felony under subdivision (a)(1) of this section;

(2) Class C felony under subdivision (a)(2) of this section;

(3) Class A misdemeanor under subdivision (a)(3) of this section with a minimum fine of two thousand five hundred dollars ($2,500); and

(4) Class A misdemeanor under subdivision (a)(4) of this section.

Amended by Act 2023, No. 420,§ 1, eff. 8/1/2023.

Acts 1987, No. 355, § 1; 2007, No. 827, § 28.
Ark. Code Ann. § 5-4-912 — AR Code / Title 5 / Chapter 4 / Subchapter 9 / Section 5-4-912
Collection of data - Reporting requirement
Status: in_force

(a) (1) A pre-adjudication probation program shall collect and provide data on pre-adjudication probation program applicants and all participants as required by the Administrative Office of the Courts. (2) Data collected under subdivision (a)(1) of this section shall include: (A) The total number of applicants; (B) The total number of participants; (C) The total number of successful applicants; (D) The total number of successful participants; (E) The reason why each unsuccessful participant did not complete the pre-adjudication probation program; (F) Information about what happened to each unsuccessful participant; (G) The total number of participants who were arrested for a new criminal offense while in the pre-adjudication probation program; (H) The total number of participants who were convicted of a new criminal offense while in the pre-adjudication probation program; (I) The total number of participants who committed a violation of one (1) or more conditions of the pre-adjudication probation program and the resulting sanction; (J) The results of the initial risk-needs assessment review for each participant; (K) The race and gender of each applicant; (L) The race and gender of each participant; (M) The race and gender of each victim of an offense committed by the applicant; (N) The race and gender of each victim of an offense committed by the participant; and (O) Any other data or information as required by the office. (b) The data collected for evaluation purposes under subsection (a) of this section shall: (1) Include a minimum standard data set developed and specified by the office; and (2) Be maintained in the court files or be otherwise accessible by the courts and the office. (c) (1) After an individual is discharged either upon completion or termination of a pre-adjudication probation program, the pre-adjudication probation program as far as is practicable shall conduct follow-up contacts with and reviews of former pre-adjudication probation program participants for key outcome indicators of drug use, recidivism, and employment. (2) (A) The follow-up contacts with and reviews of former pre-adjudication probation program participants shall be conducted as frequently and for a period of time as determined by the office based upon the nature of the pre-adjudication probation program and the nature of the participants. (B) The follow-up contacts with and reviews of former pre-adjudication probation program participants are not extensions of the pre-adjudication probation program court's jurisdiction over the pre-adjudication probation program participants. (d) For purposes of standardized measurement of success of pre-adjudication probation programs across the state, the office in consultation with other state agencies shall adopt an operational definition of terms to be used in any evaluation and report of pre-adjudication probation programs such as: (1) "Incentives given"; (2) "Recidivism"; (3) "Retention"; (4) "Relapses"; (5) "Restarts"; and (6) "Sanctions imposed". (e) Each pre-adjudication probation program shall provide all information requested by the office. (f) The office, the Division of Community Correction, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, and the Arkansas Crime Information Center shall work together to share and make available data to provide a comprehensive data management system for the state's pre-adjudication probation programs. (g) (1) The office shall: (A) Develop a statewide evaluation model for pre-adjudication probation programs; and (B) Conduct ongoing evaluations of the effectiveness and efficiency of all pre-adjudication probation programs. (2) The office shall submit to the General Assembly by July 1 of each year a report of the evaluations under subdivision (g)(1) of this section. Amended by Act 2017, No. 913,§ 15, eff. 8/1/2017. Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.

(a) (1) A pre-adjudication probation program shall collect and provide data on pre-adjudication probation program applicants and all participants as required by the Administrative Office of the Courts. (2) Data collected under subdivision (a)(1) of this section shall include: (A) The total number of applicants; (B) The total number of participants; (C) The total number of successful applicants; (D) The total number of successful participants; (E) The reason why each unsuccessful participant did not complete the pre-adjudication probation program; (F) Information about what happened to each unsuccessful participant; (G) The total number of participants who were arrested for a new criminal offense while in the pre-adjudication probation program; (H) The total number of participants who were convicted of a new criminal offense while in the pre-adjudication probation program; (I) The total number of participants who committed a violation of one (1) or more conditions of the pre-adjudication probation program and the resulting sanction; (J) The results of the initial risk-needs assessment review for each participant; (K) The race and gender of each applicant; (L) The race and gender of each participant; (M) The race and gender of each victim of an offense committed by the applicant; (N) The race and gender of each victim of an offense committed by the participant; and (O) Any other data or information as required by the office.

(1) A pre-adjudication probation program shall collect and provide data on pre-adjudication probation program applicants and all participants as required by the Administrative Office of the Courts.

(2) Data collected under subdivision (a)(1) of this section shall include: (A) The total number of applicants; (B) The total number of participants; (C) The total number of successful applicants; (D) The total number of successful participants; (E) The reason why each unsuccessful participant did not complete the pre-adjudication probation program; (F) Information about what happened to each unsuccessful participant; (G) The total number of participants who were arrested for a new criminal offense while in the pre-adjudication probation program; (H) The total number of participants who were convicted of a new criminal offense while in the pre-adjudication probation program; (I) The total number of participants who committed a violation of one (1) or more conditions of the pre-adjudication probation program and the resulting sanction; (J) The results of the initial risk-needs assessment review for each participant; (K) The race and gender of each applicant; (L) The race and gender of each participant; (M) The race and gender of each victim of an offense committed by the applicant; (N) The race and gender of each victim of an offense committed by the participant; and (O) Any other data or information as required by the office.

(A) The total number of applicants;

(B) The total number of participants;

(C) The total number of successful applicants;

(D) The total number of successful participants;

(E) The reason why each unsuccessful participant did not complete the pre-adjudication probation program;

(F) Information about what happened to each unsuccessful participant;

(G) The total number of participants who were arrested for a new criminal offense while in the pre-adjudication probation program;

(H) The total number of participants who were convicted of a new criminal offense while in the pre-adjudication probation program;

(I) The total number of participants who committed a violation of one (1) or more conditions of the pre-adjudication probation program and the resulting sanction;

(J) The results of the initial risk-needs assessment review for each participant;

(K) The race and gender of each applicant;

(L) The race and gender of each participant;

(M) The race and gender of each victim of an offense committed by the applicant;

(N) The race and gender of each victim of an offense committed by the participant; and

(O) Any other data or information as required by the office.

(b) The data collected for evaluation purposes under subsection (a) of this section shall: (1) Include a minimum standard data set developed and specified by the office; and (2) Be maintained in the court files or be otherwise accessible by the courts and the office.

(1) Include a minimum standard data set developed and specified by the office; and

(2) Be maintained in the court files or be otherwise accessible by the courts and the office.

(c) (1) After an individual is discharged either upon completion or termination of a pre-adjudication probation program, the pre-adjudication probation program as far as is practicable shall conduct follow-up contacts with and reviews of former pre-adjudication probation program participants for key outcome indicators of drug use, recidivism, and employment. (2) (A) The follow-up contacts with and reviews of former pre-adjudication probation program participants shall be conducted as frequently and for a period of time as determined by the office based upon the nature of the pre-adjudication probation program and the nature of the participants. (B) The follow-up contacts with and reviews of former pre-adjudication probation program participants are not extensions of the pre-adjudication probation program court's jurisdiction over the pre-adjudication probation program participants.

(1) After an individual is discharged either upon completion or termination of a pre-adjudication probation program, the pre-adjudication probation program as far as is practicable shall conduct follow-up contacts with and reviews of former pre-adjudication probation program participants for key outcome indicators of drug use, recidivism, and employment.

(2) (A) The follow-up contacts with and reviews of former pre-adjudication probation program participants shall be conducted as frequently and for a period of time as determined by the office based upon the nature of the pre-adjudication probation program and the nature of the participants. (B) The follow-up contacts with and reviews of former pre-adjudication probation program participants are not extensions of the pre-adjudication probation program court's jurisdiction over the pre-adjudication probation program participants.

(A) The follow-up contacts with and reviews of former pre-adjudication probation program participants shall be conducted as frequently and for a period of time as determined by the office based upon the nature of the pre-adjudication probation program and the nature of the participants.

(B) The follow-up contacts with and reviews of former pre-adjudication probation program participants are not extensions of the pre-adjudication probation program court's jurisdiction over the pre-adjudication probation program participants.

(d) For purposes of standardized measurement of success of pre-adjudication probation programs across the state, the office in consultation with other state agencies shall adopt an operational definition of terms to be used in any evaluation and report of pre-adjudication probation programs such as: (1) "Incentives given"; (2) "Recidivism"; (3) "Retention"; (4) "Relapses"; (5) "Restarts"; and (6) "Sanctions imposed".

(1) "Incentives given";

(2) "Recidivism";

(3) "Retention";

(4) "Relapses";

(5) "Restarts"; and

(6) "Sanctions imposed".

(e) Each pre-adjudication probation program shall provide all information requested by the office.

(f) The office, the Division of Community Correction, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, and the Arkansas Crime Information Center shall work together to share and make available data to provide a comprehensive data management system for the state's pre-adjudication probation programs.

(g) (1) The office shall: (A) Develop a statewide evaluation model for pre-adjudication probation programs; and (B) Conduct ongoing evaluations of the effectiveness and efficiency of all pre-adjudication probation programs. (2) The office shall submit to the General Assembly by July 1 of each year a report of the evaluations under subdivision (g)(1) of this section.

(1) The office shall: (A) Develop a statewide evaluation model for pre-adjudication probation programs; and (B) Conduct ongoing evaluations of the effectiveness and efficiency of all pre-adjudication probation programs.

(A) Develop a statewide evaluation model for pre-adjudication probation programs; and

(B) Conduct ongoing evaluations of the effectiveness and efficiency of all pre-adjudication probation programs.

(2) The office shall submit to the General Assembly by July 1 of each year a report of the evaluations under subdivision (g)(1) of this section.

Amended by Act 2017, No. 913,§ 15, eff. 8/1/2017.

Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-2-620 — AR Code / Title 5 / Chapter 2 / Subchapter 6 / Section 5-2-620
Use of force to defend persons and property within home
Status: in_force

(a) The right of an individual to defend himself or herself and the life of a person or property in the individual's home against harm, injury, or loss by a person unlawfully entering or attempting to enter or intrude into the home is reaffirmed as a fundamental right to be preserved and promoted as a public policy in this state. (b) There is a legal presumption that any force or means used to accomplish a purpose described in subsection (a) of this section was exercised in a lawful and necessary manner, unless the presumption is overcome by clear and convincing evidence to the contrary. (c) The public policy stated in subsection (a) of this section shall be strictly complied with by the court and an appropriate instruction of this public policy shall be given to a jury sitting in trial of criminal charges brought in connection with this public policy. Acts 1981, No. 880, § 1; A.S.A. 1947, § 41-507.1.

(a) The right of an individual to defend himself or herself and the life of a person or property in the individual's home against harm, injury, or loss by a person unlawfully entering or attempting to enter or intrude into the home is reaffirmed as a fundamental right to be preserved and promoted as a public policy in this state.

(b) There is a legal presumption that any force or means used to accomplish a purpose described in subsection (a) of this section was exercised in a lawful and necessary manner, unless the presumption is overcome by clear and convincing evidence to the contrary.

(c) The public policy stated in subsection (a) of this section shall be strictly complied with by the court and an appropriate instruction of this public policy shall be given to a jury sitting in trial of criminal charges brought in connection with this public policy.

Acts 1981, No. 880, § 1; A.S.A. 1947, § 41-507.1.
Ark. Code Ann. § 5-37-506 — AR Code / Title 5 / Chapter 37 / Subchapter 5 / Section 5-37-506
Prohibited activity by a procurer or provider
Status: in_force

(a) A person commits the offense of prohibited activity by a procurer or provider if: (1) The person is a procurer and he or she knowingly: (A) Offers or gives anything of value to a person in order to cause the person to seek medical care from a specific healthcare provider; (B) Solicits a person currently under the care of a chiropractic physician to seek care from another chiropractic physician; (C) States, implies, or otherwise communicates to another person that: (i) The person has an affiliation with an insurance company; (ii) Payment of an insurance claim or insurance coverage is available or otherwise affected by the other person's willingness to see a specific provider; (iii) The Attorney General's office, the Arkansas State Board of Chiropractic Examiners, or any other regulatory or governmental agency has approved or is otherwise affiliated with the procurer; or (iv) A specific medical facility is a preferred medical clinic or in-network provider for any purpose; (D) Offers or gives anything of value or promises payment or a gift of any kind in connection with a solicitation contact with another person; (E) Uses a false name or identity during a solicitation of another person; (F) Provides or promises to provide to another person a prescription or nonprescription medication or medical supplies, unless the person is authorized to prescribe and treat as a licensed healthcare provider under state law; (G) Attempts to solicit another person using a telephone number that is not registered with the board; or (H) Makes any other statement to another person that is deceptive or misleading within the context of a solicitation; or (2) The person is a provider and he or she knowingly permits a procurer that he or she uses, directs, or employs to engage in conduct prohibited by subdivision (a)(1) of this section. (b) Prohibited activity by a procurer or provider is a Class D felony. Amended by Act 2021, No. 589,§ 1, eff. 7/28/2021. Amended by Act 2015, No. 1155,§ 8, eff. 7/22/2015. Added by Act 2013, No. 513,§ 1, eff. 8/16/2013.

(a) A person commits the offense of prohibited activity by a procurer or provider if: (1) The person is a procurer and he or she knowingly: (A) Offers or gives anything of value to a person in order to cause the person to seek medical care from a specific healthcare provider; (B) Solicits a person currently under the care of a chiropractic physician to seek care from another chiropractic physician; (C) States, implies, or otherwise communicates to another person that: (i) The person has an affiliation with an insurance company; (ii) Payment of an insurance claim or insurance coverage is available or otherwise affected by the other person's willingness to see a specific provider; (iii) The Attorney General's office, the Arkansas State Board of Chiropractic Examiners, or any other regulatory or governmental agency has approved or is otherwise affiliated with the procurer; or (iv) A specific medical facility is a preferred medical clinic or in-network provider for any purpose; (D) Offers or gives anything of value or promises payment or a gift of any kind in connection with a solicitation contact with another person; (E) Uses a false name or identity during a solicitation of another person; (F) Provides or promises to provide to another person a prescription or nonprescription medication or medical supplies, unless the person is authorized to prescribe and treat as a licensed healthcare provider under state law; (G) Attempts to solicit another person using a telephone number that is not registered with the board; or (H) Makes any other statement to another person that is deceptive or misleading within the context of a solicitation; or (2) The person is a provider and he or she knowingly permits a procurer that he or she uses, directs, or employs to engage in conduct prohibited by subdivision (a)(1) of this section.

(1) The person is a procurer and he or she knowingly: (A) Offers or gives anything of value to a person in order to cause the person to seek medical care from a specific healthcare provider; (B) Solicits a person currently under the care of a chiropractic physician to seek care from another chiropractic physician; (C) States, implies, or otherwise communicates to another person that: (i) The person has an affiliation with an insurance company; (ii) Payment of an insurance claim or insurance coverage is available or otherwise affected by the other person's willingness to see a specific provider; (iii) The Attorney General's office, the Arkansas State Board of Chiropractic Examiners, or any other regulatory or governmental agency has approved or is otherwise affiliated with the procurer; or (iv) A specific medical facility is a preferred medical clinic or in-network provider for any purpose; (D) Offers or gives anything of value or promises payment or a gift of any kind in connection with a solicitation contact with another person; (E) Uses a false name or identity during a solicitation of another person; (F) Provides or promises to provide to another person a prescription or nonprescription medication or medical supplies, unless the person is authorized to prescribe and treat as a licensed healthcare provider under state law; (G) Attempts to solicit another person using a telephone number that is not registered with the board; or (H) Makes any other statement to another person that is deceptive or misleading within the context of a solicitation; or

(A) Offers or gives anything of value to a person in order to cause the person to seek medical care from a specific healthcare provider;

(B) Solicits a person currently under the care of a chiropractic physician to seek care from another chiropractic physician;

(C) States, implies, or otherwise communicates to another person that: (i) The person has an affiliation with an insurance company; (ii) Payment of an insurance claim or insurance coverage is available or otherwise affected by the other person's willingness to see a specific provider; (iii) The Attorney General's office, the Arkansas State Board of Chiropractic Examiners, or any other regulatory or governmental agency has approved or is otherwise affiliated with the procurer; or (iv) A specific medical facility is a preferred medical clinic or in-network provider for any purpose;

(i) The person has an affiliation with an insurance company;

(ii) Payment of an insurance claim or insurance coverage is available or otherwise affected by the other person's willingness to see a specific provider;

(iii) The Attorney General's office, the Arkansas State Board of Chiropractic Examiners, or any other regulatory or governmental agency has approved or is otherwise affiliated with the procurer; or

(iv) A specific medical facility is a preferred medical clinic or in-network provider for any purpose;

(D) Offers or gives anything of value or promises payment or a gift of any kind in connection with a solicitation contact with another person;

(E) Uses a false name or identity during a solicitation of another person;

(F) Provides or promises to provide to another person a prescription or nonprescription medication or medical supplies, unless the person is authorized to prescribe and treat as a licensed healthcare provider under state law;

(G) Attempts to solicit another person using a telephone number that is not registered with the board; or

(H) Makes any other statement to another person that is deceptive or misleading within the context of a solicitation; or

(2) The person is a provider and he or she knowingly permits a procurer that he or she uses, directs, or employs to engage in conduct prohibited by subdivision (a)(1) of this section.

(b) Prohibited activity by a procurer or provider is a Class D felony.

Amended by Act 2021, No. 589,§ 1, eff. 7/28/2021.

Amended by Act 2015, No. 1155,§ 8, eff. 7/22/2015.

Added by Act 2013, No. 513,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-27-203 — AR Code / Title 5 / Chapter 27 / Subchapter 2 / Section 5-27-203
Endangering the welfare of an incompetent person in the third degree
Status: in_force

(a) (1) A person commits the offense of endangering the welfare of an incompetent person in the third degree if the person recklessly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be an incompetent person. (2) As used in this section, "serious harm to the physical or mental welfare of a person" means physical or mental injury that causes: (A) Protracted disfigurement; (B) Protracted impairment of physical or mental health; or (C) Loss or protracted impairment of the function of any bodily member or organ. (b) Endangering the welfare of an incompetent person in the third degree is a Class B misdemeanor. Acts 2005, No. 2216, § 3.

(a) (1) A person commits the offense of endangering the welfare of an incompetent person in the third degree if the person recklessly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be an incompetent person. (2) As used in this section, "serious harm to the physical or mental welfare of a person" means physical or mental injury that causes: (A) Protracted disfigurement; (B) Protracted impairment of physical or mental health; or (C) Loss or protracted impairment of the function of any bodily member or organ.

(1) A person commits the offense of endangering the welfare of an incompetent person in the third degree if the person recklessly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be an incompetent person.

(2) As used in this section, "serious harm to the physical or mental welfare of a person" means physical or mental injury that causes: (A) Protracted disfigurement; (B) Protracted impairment of physical or mental health; or (C) Loss or protracted impairment of the function of any bodily member or organ.

(A) Protracted disfigurement;

(B) Protracted impairment of physical or mental health; or

(C) Loss or protracted impairment of the function of any bodily member or organ.

(b) Endangering the welfare of an incompetent person in the third degree is a Class B misdemeanor.

Acts 2005, No. 2216, § 3.
Ark. Code Ann. § 5-54-125 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-125
Fleeing
Status: in_force

(a) If a person knows that his or her immediate arrest or detention is being attempted by a duly authorized law enforcement officer, it is the lawful duty of the person to refrain from fleeing, either on foot or by means of any vehicle or conveyance. (b) Fleeing is a separate offense and is not considered a lesser included offense or component offense with relation to other offenses which may occur simultaneously with the fleeing. (c) Fleeing on foot is considered a Class C misdemeanor, except under the following conditions: (1) If the defendant has been previously convicted of fleeing on foot anytime within the past one-year period, a subsequent fleeing on foot offense is a Class B misdemeanor; (2) If property damage occurs as a direct result of the fleeing on foot, the fleeing on foot offense is a Class A misdemeanor; or (3) If serious physical injury occurs to any person as a direct result of the fleeing on foot, the fleeing on foot offense is a Class D felony. (d) (1) (A) Fleeing by means of any vehicle or conveyance is considered a Class A misdemeanor. (B) A person convicted under subdivision (d)(1)(A) of this section shall serve a minimum of two (2) days in jail. (2) Fleeing by means of any vehicle or conveyance is considered a Class D felony if the person operated the vehicle or conveyance in excess of the posted speed limit. (3) Fleeing by means of any vehicle or conveyance is considered a Class C felony if, under circumstances manifesting extreme indifference to the value of human life, a person purposely operates the vehicle or conveyance in such a manner that creates a substantial danger of death or serious physical injury to another person. (4) If serious physical injury to any person occurs as a direct result of fleeing by means of any vehicle or conveyance, the fleeing by means of any vehicle or conveyance offense is a Class B felony. (e) In addition to any other penalty, if the defendant is convicted of violating subsection (d) of this section, the court shall instruct the Office of Driver Services of the Department of Finance and Administration to suspend or revoke the defendant's driver's license for at least six (6) months but not more than one (1) year. Amended by Act 2023, No. 734,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 722,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 887,§ 1, eff. 8/1/2017. Acts 1977, No. 196, §§ 1, 2; A.S.A. 1947, §§ 41-2822, 41-2823; Acts 1993, No. 1217, § 1; 1995, No. 410, § 1; 2009, No. 1304, § 1.

(a) If a person knows that his or her immediate arrest or detention is being attempted by a duly authorized law enforcement officer, it is the lawful duty of the person to refrain from fleeing, either on foot or by means of any vehicle or conveyance.

(b) Fleeing is a separate offense and is not considered a lesser included offense or component offense with relation to other offenses which may occur simultaneously with the fleeing.

(c) Fleeing on foot is considered a Class C misdemeanor, except under the following conditions: (1) If the defendant has been previously convicted of fleeing on foot anytime within the past one-year period, a subsequent fleeing on foot offense is a Class B misdemeanor; (2) If property damage occurs as a direct result of the fleeing on foot, the fleeing on foot offense is a Class A misdemeanor; or (3) If serious physical injury occurs to any person as a direct result of the fleeing on foot, the fleeing on foot offense is a Class D felony.

(1) If the defendant has been previously convicted of fleeing on foot anytime within the past one-year period, a subsequent fleeing on foot offense is a Class B misdemeanor;

(2) If property damage occurs as a direct result of the fleeing on foot, the fleeing on foot offense is a Class A misdemeanor; or

(3) If serious physical injury occurs to any person as a direct result of the fleeing on foot, the fleeing on foot offense is a Class D felony.

(d) (1) (A) Fleeing by means of any vehicle or conveyance is considered a Class A misdemeanor. (B) A person convicted under subdivision (d)(1)(A) of this section shall serve a minimum of two (2) days in jail. (2) Fleeing by means of any vehicle or conveyance is considered a Class D felony if the person operated the vehicle or conveyance in excess of the posted speed limit. (3) Fleeing by means of any vehicle or conveyance is considered a Class C felony if, under circumstances manifesting extreme indifference to the value of human life, a person purposely operates the vehicle or conveyance in such a manner that creates a substantial danger of death or serious physical injury to another person. (4) If serious physical injury to any person occurs as a direct result of fleeing by means of any vehicle or conveyance, the fleeing by means of any vehicle or conveyance offense is a Class B felony.

(1) (A) Fleeing by means of any vehicle or conveyance is considered a Class A misdemeanor. (B) A person convicted under subdivision (d)(1)(A) of this section shall serve a minimum of two (2) days in jail.

(A) Fleeing by means of any vehicle or conveyance is considered a Class A misdemeanor.

(B) A person convicted under subdivision (d)(1)(A) of this section shall serve a minimum of two (2) days in jail.

(2) Fleeing by means of any vehicle or conveyance is considered a Class D felony if the person operated the vehicle or conveyance in excess of the posted speed limit.

(3) Fleeing by means of any vehicle or conveyance is considered a Class C felony if, under circumstances manifesting extreme indifference to the value of human life, a person purposely operates the vehicle or conveyance in such a manner that creates a substantial danger of death or serious physical injury to another person.

(4) If serious physical injury to any person occurs as a direct result of fleeing by means of any vehicle or conveyance, the fleeing by means of any vehicle or conveyance offense is a Class B felony.

(e) In addition to any other penalty, if the defendant is convicted of violating subsection (d) of this section, the court shall instruct the Office of Driver Services of the Department of Finance and Administration to suspend or revoke the defendant's driver's license for at least six (6) months but not more than one (1) year.

Amended by Act 2023, No. 734,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 722,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 887,§ 1, eff. 8/1/2017.

Acts 1977, No. 196, §§ 1, 2; A.S.A. 1947, §§ 41-2822, 41-2823; Acts 1993, No. 1217, § 1; 1995, No. 410, § 1; 2009, No. 1304, § 1.
Ark. Code Ann. § 5-70-101 — AR Code / Title 5 / Chapter 70 / Section 5-70-101
Definitions
Status: in_force

As used in this chapter: (1) "Advances prostitution" means a person if, acting other than as a prostitute or a patron of a prostitute, that person knowingly: (A) Causes or aids a person to commit or engage in prostitution; (B) Procures or solicits a patron for prostitution; (C) Provides a person or premises for prostitution purposes; (D) Operates or assists in the operation of a house of prostitution or a prostitution enterprise; or (E) Engages in any other conduct designed to institute, aid, or facilitate an act or enterprise of prostitution; (2) "Physical force" means any bodily impact, restraint, or confinement or the threat of bodily impact, restraint, or confinement; (3) "Profits from prostitution" means a person if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, the person accepts or receives money or other property pursuant to an agreement or understanding with any person in which the person participates or is to participate in the proceeds of prostitution; and (4) "Sexual activity" means sexual intercourse, deviate sexual activity, or sexual contact as defined in § 5-14-101 . Acts 1975, No. 280, § 3001; A.S.A. 1947, § 41-3001.

As used in this chapter:

(1) "Advances prostitution" means a person if, acting other than as a prostitute or a patron of a prostitute, that person knowingly: (A) Causes or aids a person to commit or engage in prostitution; (B) Procures or solicits a patron for prostitution; (C) Provides a person or premises for prostitution purposes; (D) Operates or assists in the operation of a house of prostitution or a prostitution enterprise; or (E) Engages in any other conduct designed to institute, aid, or facilitate an act or enterprise of prostitution;

(A) Causes or aids a person to commit or engage in prostitution;

(B) Procures or solicits a patron for prostitution;

(C) Provides a person or premises for prostitution purposes;

(D) Operates or assists in the operation of a house of prostitution or a prostitution enterprise; or

(E) Engages in any other conduct designed to institute, aid, or facilitate an act or enterprise of prostitution;

(2) "Physical force" means any bodily impact, restraint, or confinement or the threat of bodily impact, restraint, or confinement;

(3) "Profits from prostitution" means a person if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, the person accepts or receives money or other property pursuant to an agreement or understanding with any person in which the person participates or is to participate in the proceeds of prostitution; and

(4) "Sexual activity" means sexual intercourse, deviate sexual activity, or sexual contact as defined in § 5-14-101 .

Acts 1975, No. 280, § 3001; A.S.A. 1947, § 41-3001.
Ark. Code Ann. § 5-37-515 — AR Code / Title 5 / Chapter 37 / Subchapter 5 / Section 5-37-515
False advertising generally
Status: in_force

(a) (1) It is the purpose and intent of this section to prohibit false, fraudulent, and misleading advertising and to prescribe a penalty for a person purchasing false, fraudulent, and misleading advertising in a newspaper, on radio or television, or otherwise causing false, fraudulent, and misleading advertising to be placed before the public. (2) It is not the intention of this section and nothing in this section shall be construed to penalize or place responsibility upon any newspaper, radio station, television station, publisher, or other person, firm, or corporation for publishing, broadcasting, telecasting, or otherwise disseminating any advertisement purchased by any person, firm, corporation, or association. (b) No person, firm, corporation, group, or association, with intent to sell or in anywise dispose of real estate, merchandise, a security, service, or anything offered by that person, firm, corporation, group, or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof or to induce the public in any manner to enter into any obligation relating thereto or to acquire title thereto or an interest therein, shall make, publish, disseminate, circulate, or place before the public or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public in this state, in a newspaper or other publication, on radio or television, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, or letter, or in any other way, an advertisement of any sort regarding real estate, merchandise, a security, service, or anything so offered to the public, which advertisement contains any assertion, representation, or statement of fact that is untrue, deceptive, or misleading. (c) (1) It is deemed deceptive advertising, within the meaning of this subsection, for any person, firm, or corporation, engaged in the business of buying or selling new or secondhand merchandise, wearing apparel, jewelry, furniture, a piano, phonograph, or other musical instrument, motor vehicle, stock, or, generally, any form of real, personal, or mixed property, or in the business of furnishing any kind of service or investment to advertise such articles, property, or service for sale, in any manner indicating that the sale is being made by a private party or householder not engaged in such business. (2) Any such firm, corporation, group, or association engaged in any such business in advertising goods, property, or service for sale shall affirmatively and unmistakably indicate and state that the seller is a business concern and not a private party. (d) (1) Any person, firm, corporation, group, association, or the agent or servant of any other firm, corporation, group, or association violating any provision of this section is guilty of an unclassified misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned in the county jail not more than sixty (60) days, or by both fine and imprisonment. (2) Each sale, advertisement, or representation in contravention of a provision of this section is deemed a distinct offense and subjects the offender to punishment under subdivision (d)(1) of this section. Acts 1967, No. 153, §§ 1-4; A.S.A. 1947, §§ 41-2364 -- 41-2367.

(a) (1) It is the purpose and intent of this section to prohibit false, fraudulent, and misleading advertising and to prescribe a penalty for a person purchasing false, fraudulent, and misleading advertising in a newspaper, on radio or television, or otherwise causing false, fraudulent, and misleading advertising to be placed before the public. (2) It is not the intention of this section and nothing in this section shall be construed to penalize or place responsibility upon any newspaper, radio station, television station, publisher, or other person, firm, or corporation for publishing, broadcasting, telecasting, or otherwise disseminating any advertisement purchased by any person, firm, corporation, or association.

(1) It is the purpose and intent of this section to prohibit false, fraudulent, and misleading advertising and to prescribe a penalty for a person purchasing false, fraudulent, and misleading advertising in a newspaper, on radio or television, or otherwise causing false, fraudulent, and misleading advertising to be placed before the public.

(2) It is not the intention of this section and nothing in this section shall be construed to penalize or place responsibility upon any newspaper, radio station, television station, publisher, or other person, firm, or corporation for publishing, broadcasting, telecasting, or otherwise disseminating any advertisement purchased by any person, firm, corporation, or association.

(b) No person, firm, corporation, group, or association, with intent to sell or in anywise dispose of real estate, merchandise, a security, service, or anything offered by that person, firm, corporation, group, or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof or to induce the public in any manner to enter into any obligation relating thereto or to acquire title thereto or an interest therein, shall make, publish, disseminate, circulate, or place before the public or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public in this state, in a newspaper or other publication, on radio or television, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, or letter, or in any other way, an advertisement of any sort regarding real estate, merchandise, a security, service, or anything so offered to the public, which advertisement contains any assertion, representation, or statement of fact that is untrue, deceptive, or misleading.

(c) (1) It is deemed deceptive advertising, within the meaning of this subsection, for any person, firm, or corporation, engaged in the business of buying or selling new or secondhand merchandise, wearing apparel, jewelry, furniture, a piano, phonograph, or other musical instrument, motor vehicle, stock, or, generally, any form of real, personal, or mixed property, or in the business of furnishing any kind of service or investment to advertise such articles, property, or service for sale, in any manner indicating that the sale is being made by a private party or householder not engaged in such business. (2) Any such firm, corporation, group, or association engaged in any such business in advertising goods, property, or service for sale shall affirmatively and unmistakably indicate and state that the seller is a business concern and not a private party.

(1) It is deemed deceptive advertising, within the meaning of this subsection, for any person, firm, or corporation, engaged in the business of buying or selling new or secondhand merchandise, wearing apparel, jewelry, furniture, a piano, phonograph, or other musical instrument, motor vehicle, stock, or, generally, any form of real, personal, or mixed property, or in the business of furnishing any kind of service or investment to advertise such articles, property, or service for sale, in any manner indicating that the sale is being made by a private party or householder not engaged in such business.

(2) Any such firm, corporation, group, or association engaged in any such business in advertising goods, property, or service for sale shall affirmatively and unmistakably indicate and state that the seller is a business concern and not a private party.

(d) (1) Any person, firm, corporation, group, association, or the agent or servant of any other firm, corporation, group, or association violating any provision of this section is guilty of an unclassified misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned in the county jail not more than sixty (60) days, or by both fine and imprisonment. (2) Each sale, advertisement, or representation in contravention of a provision of this section is deemed a distinct offense and subjects the offender to punishment under subdivision (d)(1) of this section.

(1) Any person, firm, corporation, group, association, or the agent or servant of any other firm, corporation, group, or association violating any provision of this section is guilty of an unclassified misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned in the county jail not more than sixty (60) days, or by both fine and imprisonment.

(2) Each sale, advertisement, or representation in contravention of a provision of this section is deemed a distinct offense and subjects the offender to punishment under subdivision (d)(1) of this section.

Acts 1967, No. 153, §§ 1-4; A.S.A. 1947, §§ 41-2364 -- 41-2367.
Ark. Code Ann. § 5-18-107 — AR Code / Title 5 / Chapter 18 / Section 5-18-107
Traveling for the purpose of an unlawful sex act with a minor
Status: in_force

(a) As used in this section, "travels" means to leave one's residence or locality to go away on a trip, tour, or journey. (b) A person commits traveling for the purpose of an unlawful sex act with a minor if the person is eighteen (18) years of age or older and knowingly travels for the purpose of engaging in an unlawful sex act with a minor or a person he or she believes is a minor. (c) Traveling for the purpose of an unlawful sex act with a minor is a Class B felony. (d) It is an affirmative defense to prosecution under this section that the actor was not more than three (3) years older than the victim. (e) Consent is not a defense to prosecution under this section. (f) (1) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000). (2) Fine payments received under subdivision (f)(1) of this section shall be deposited as follows: (A) Fifty percent (50%) into the Safe Harbor Fund for Sexually Exploited Children; and (B) Fifty percent (50%) into the Human Trafficking Victim Support Fund. Amended by Act 2023, No. 327,§ 6, eff. 8/1/2023. Added by Act 2021, No. 1098,§ 3, eff. 7/28/2021.

(a) As used in this section, "travels" means to leave one's residence or locality to go away on a trip, tour, or journey.

(b) A person commits traveling for the purpose of an unlawful sex act with a minor if the person is eighteen (18) years of age or older and knowingly travels for the purpose of engaging in an unlawful sex act with a minor or a person he or she believes is a minor.

(c) Traveling for the purpose of an unlawful sex act with a minor is a Class B felony.

(d) It is an affirmative defense to prosecution under this section that the actor was not more than three (3) years older than the victim.

(e) Consent is not a defense to prosecution under this section.

(f) (1) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000). (2) Fine payments received under subdivision (f)(1) of this section shall be deposited as follows: (A) Fifty percent (50%) into the Safe Harbor Fund for Sexually Exploited Children; and (B) Fifty percent (50%) into the Human Trafficking Victim Support Fund.

(1) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000).

(2) Fine payments received under subdivision (f)(1) of this section shall be deposited as follows: (A) Fifty percent (50%) into the Safe Harbor Fund for Sexually Exploited Children; and (B) Fifty percent (50%) into the Human Trafficking Victim Support Fund.

(A) Fifty percent (50%) into the Safe Harbor Fund for Sexually Exploited Children; and

(B) Fifty percent (50%) into the Human Trafficking Victim Support Fund.

Amended by Act 2023, No. 327,§ 6, eff. 8/1/2023.

Added by Act 2021, No. 1098,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 5-2-210 — AR Code / Title 5 / Chapter 2 / Subchapter 2 / Section 5-2-210
Human trafficking - Affirmative defense
Status: in_force

(a) As used in this section, "victim of trafficking of persons" means a person who has been subjected to trafficking of persons, § 5-18-103 . (b) It is an affirmative defense to an offense listed under subsection (c) of this section if at the time a person engaged in the conduct charged to constitute the offense the person was: (1) A victim of trafficking of persons; and (2) Engaged in the offense as a result of the trafficking of persons. (c) The affirmative defense under this section may be raised only in a prosecution for one (1) or more of the following offenses: (1) Forgery, § 5-37-201 ; (2) Defrauding a prospective adoptive parent, § 5-37-216 ; (3) A prostitution offense under § 5-70-101 et seq.; (4) Obscene performance at a live public show, § 5-68-305 ; or (5) A controlled substance offense under § 5-64-401 et seq. that is not a Class Y felony. Added by Act 2021, No. 1106,§ 1, eff. 7/28/2021.

(a) As used in this section, "victim of trafficking of persons" means a person who has been subjected to trafficking of persons, § 5-18-103 .

(b) It is an affirmative defense to an offense listed under subsection (c) of this section if at the time a person engaged in the conduct charged to constitute the offense the person was: (1) A victim of trafficking of persons; and (2) Engaged in the offense as a result of the trafficking of persons.

(1) A victim of trafficking of persons; and

(2) Engaged in the offense as a result of the trafficking of persons.

(c) The affirmative defense under this section may be raised only in a prosecution for one (1) or more of the following offenses: (1) Forgery, § 5-37-201 ; (2) Defrauding a prospective adoptive parent, § 5-37-216 ; (3) A prostitution offense under § 5-70-101 et seq.; (4) Obscene performance at a live public show, § 5-68-305 ; or (5) A controlled substance offense under § 5-64-401 et seq. that is not a Class Y felony.

(1) Forgery, § 5-37-201 ;

(2) Defrauding a prospective adoptive parent, § 5-37-216 ;

(3) A prostitution offense under § 5-70-101 et seq.;

(4) Obscene performance at a live public show, § 5-68-305 ; or

(5) A controlled substance offense under § 5-64-401 et seq. that is not a Class Y felony.

Added by Act 2021, No. 1106,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 5-2-328 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-328
Examination of defendant - Affirmative defense of lack of criminal responsibility
Status: in_force

(a) (1) Subject to § 5-2-311 , if and only if a defendant charged in circuit court files a notice of intent to raise the affirmative defense of lack of criminal responsibility under § 5-2-304 , the circuit court shall immediately suspend any further proceedings. (2) When the defendant files notice under subdivision (a)(1) of this section, then the circuit court may on its own motion or on the motion of the prosecuting attorney or the defense attorney enter an order appointing one (1) or more disinterested experts to examine the defendant with regard to the defense of lack of criminal responsibility. (3) (A) An examination under this section shall be for a period not exceeding sixty (60) days or a longer period as the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or his or her designee determines to be necessary for the purpose of the examination. (B) (i) A person designated by the circuit court to perform an examination under this section shall file the examination report with the clerk of the circuit court ordering the examination. (ii) An examination report filed under this subdivision (a)(3)(B) is a public record. (iii) A copy of the examination report shall be provided by the clerk to the defendant's attorney and the prosecuting attorney. (b) (1) A uniform order to be used by a circuit court ordering an examination of a defendant's lack of criminal responsibility under this section shall be developed by the Administrative Office of the Courts in conjunction with the following organizations: (A) The Arkansas Prosecuting Attorneys Association; (B) The Department of Human Services; and (C) The Arkansas Public Defender Commission. (2) The uniform order developed under this subsection shall contain, without limitation, the following information: (A) The defendant's name, age, gender, and race; (B) The criminal charges pending against the defendant; (C) The defendant's attorney's name and address; (D) The defendant's custody status; (E) The case number for which the examination was ordered; (F) A unique identifying number on the incident reporting form as required by the Arkansas Crime Information Center; and (G) The name of the requesting attorney, if applicable. (3) The uniform order shall require the prosecuting attorney to provide to the examiner any information relevant to the examination, including without limitation: (A) The name and address of any attorney involved in the matter; (B) Information about the alleged offense; and (C) Any information about the defendant's background that is determined to be relevant to the examination, including the criminal history of the defendant. (4) The circuit court may require the attorney for the defendant to provide any available information relevant to the examination, including without limitation: (A) Psychiatric records; (B) Medical records; or (C) Records pertaining to treatment of the defendant for substance or alcohol abuse. (5) After it is developed, a copy of the uniform order under this subsection shall be forwarded to the director. (6) An examination under this section shall not be conducted without using the uniform order required under this subsection. (c) An examination report prepared by an examiner ordered under this section shall contain: (1) A description of the nature of the examination; (2) An opinion as to whether as the result of a mental disease or defect the defendant at the time of the alleged offense lacked the capacity to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of the law, an explanation of the examiner's opinion, and the basis of that opinion; (3) When directed by the circuit court, an opinion as to whether at the time of the alleged offense the defendant lacked the capacity to form a culpable mental state that is required to establish an element of the alleged offense, an explanation of the examiner's opinion, and the basis of that opinion; and (4) If an examination cannot be conducted because of the unwillingness of the defendant to participate in the examination, an opinion as to whether the unwillingness of the defendant is the result of mental disease or defect. (d) (1) An examiner appointed under this section to examine a defendant with regard to a defense of lack of criminal responsibility also may be appointed by the circuit court to examine the defendant with regard to the defendant's fitness to proceed under § 5-2-327 . (2) However, the examiner must file with the circuit court separate written reports concerning the defendant's fitness to proceed and lack of criminal responsibility. (e) Unless otherwise required by this section, an examiner shall not render an opinion or issue a report on the defendant's lack of criminal responsibility if the examiner believes that the defendant is not fit to proceed until the circuit court issuing the order for an examination into the defendant's lack of criminal responsibility makes a determination as to the defendant's fitness to proceed. (f) A circuit court shall not order the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to conduct an examination of a defendant's lack of criminal responsibility if a previous examination into the defendant's fitness to proceed has already determined that the defendant does not have a mental disease or defect unless the requesting party can show reasonable cause to believe: (1) There is evidence of a mental disease or defect that was not fully considered in the previous examination into the defendant's fitness to proceed; or (2) That the previous opinion that the defendant does not have a mental disease or defect was based on information or facts later shown to be false or unreliable. (g) (1) This section does not prevent a defendant from having an examination into his or her lack of criminal responsibility conducted by his or her expert or from maintaining a defense of not guilty by reason of a lack of criminal responsibility using testimony from a defense expert or other evidence. (2) If a defendant wishes to be examined by an expert of his or her own choosing, the circuit court shall provide the expert with reasonable opportunity to examine the defendant upon a timely request. Added by Act 2017, No. 472,§ 15, eff. 8/1/2017.

(a) (1) Subject to § 5-2-311 , if and only if a defendant charged in circuit court files a notice of intent to raise the affirmative defense of lack of criminal responsibility under § 5-2-304 , the circuit court shall immediately suspend any further proceedings. (2) When the defendant files notice under subdivision (a)(1) of this section, then the circuit court may on its own motion or on the motion of the prosecuting attorney or the defense attorney enter an order appointing one (1) or more disinterested experts to examine the defendant with regard to the defense of lack of criminal responsibility. (3) (A) An examination under this section shall be for a period not exceeding sixty (60) days or a longer period as the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or his or her designee determines to be necessary for the purpose of the examination. (B) (i) A person designated by the circuit court to perform an examination under this section shall file the examination report with the clerk of the circuit court ordering the examination. (ii) An examination report filed under this subdivision (a)(3)(B) is a public record. (iii) A copy of the examination report shall be provided by the clerk to the defendant's attorney and the prosecuting attorney.

(1) Subject to § 5-2-311 , if and only if a defendant charged in circuit court files a notice of intent to raise the affirmative defense of lack of criminal responsibility under § 5-2-304 , the circuit court shall immediately suspend any further proceedings.

(2) When the defendant files notice under subdivision (a)(1) of this section, then the circuit court may on its own motion or on the motion of the prosecuting attorney or the defense attorney enter an order appointing one (1) or more disinterested experts to examine the defendant with regard to the defense of lack of criminal responsibility.

(3) (A) An examination under this section shall be for a period not exceeding sixty (60) days or a longer period as the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or his or her designee determines to be necessary for the purpose of the examination. (B) (i) A person designated by the circuit court to perform an examination under this section shall file the examination report with the clerk of the circuit court ordering the examination. (ii) An examination report filed under this subdivision (a)(3)(B) is a public record. (iii) A copy of the examination report shall be provided by the clerk to the defendant's attorney and the prosecuting attorney.

(A) An examination under this section shall be for a period not exceeding sixty (60) days or a longer period as the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or his or her designee determines to be necessary for the purpose of the examination.

(B) (i) A person designated by the circuit court to perform an examination under this section shall file the examination report with the clerk of the circuit court ordering the examination. (ii) An examination report filed under this subdivision (a)(3)(B) is a public record. (iii) A copy of the examination report shall be provided by the clerk to the defendant's attorney and the prosecuting attorney.

(i) A person designated by the circuit court to perform an examination under this section shall file the examination report with the clerk of the circuit court ordering the examination.

(ii) An examination report filed under this subdivision (a)(3)(B) is a public record.

(iii) A copy of the examination report shall be provided by the clerk to the defendant's attorney and the prosecuting attorney.

(b) (1) A uniform order to be used by a circuit court ordering an examination of a defendant's lack of criminal responsibility under this section shall be developed by the Administrative Office of the Courts in conjunction with the following organizations: (A) The Arkansas Prosecuting Attorneys Association; (B) The Department of Human Services; and (C) The Arkansas Public Defender Commission. (2) The uniform order developed under this subsection shall contain, without limitation, the following information: (A) The defendant's name, age, gender, and race; (B) The criminal charges pending against the defendant; (C) The defendant's attorney's name and address; (D) The defendant's custody status; (E) The case number for which the examination was ordered; (F) A unique identifying number on the incident reporting form as required by the Arkansas Crime Information Center; and (G) The name of the requesting attorney, if applicable. (3) The uniform order shall require the prosecuting attorney to provide to the examiner any information relevant to the examination, including without limitation: (A) The name and address of any attorney involved in the matter; (B) Information about the alleged offense; and (C) Any information about the defendant's background that is determined to be relevant to the examination, including the criminal history of the defendant. (4) The circuit court may require the attorney for the defendant to provide any available information relevant to the examination, including without limitation: (A) Psychiatric records; (B) Medical records; or (C) Records pertaining to treatment of the defendant for substance or alcohol abuse. (5) After it is developed, a copy of the uniform order under this subsection shall be forwarded to the director. (6) An examination under this section shall not be conducted without using the uniform order required under this subsection.

(1) A uniform order to be used by a circuit court ordering an examination of a defendant's lack of criminal responsibility under this section shall be developed by the Administrative Office of the Courts in conjunction with the following organizations: (A) The Arkansas Prosecuting Attorneys Association; (B) The Department of Human Services; and (C) The Arkansas Public Defender Commission.

(A) The Arkansas Prosecuting Attorneys Association;

(B) The Department of Human Services; and

(C) The Arkansas Public Defender Commission.

(2) The uniform order developed under this subsection shall contain, without limitation, the following information: (A) The defendant's name, age, gender, and race; (B) The criminal charges pending against the defendant; (C) The defendant's attorney's name and address; (D) The defendant's custody status; (E) The case number for which the examination was ordered; (F) A unique identifying number on the incident reporting form as required by the Arkansas Crime Information Center; and (G) The name of the requesting attorney, if applicable.

(A) The defendant's name, age, gender, and race;

(B) The criminal charges pending against the defendant;

(C) The defendant's attorney's name and address;

(D) The defendant's custody status;

(E) The case number for which the examination was ordered;

(F) A unique identifying number on the incident reporting form as required by the Arkansas Crime Information Center; and

(G) The name of the requesting attorney, if applicable.

(3) The uniform order shall require the prosecuting attorney to provide to the examiner any information relevant to the examination, including without limitation: (A) The name and address of any attorney involved in the matter; (B) Information about the alleged offense; and (C) Any information about the defendant's background that is determined to be relevant to the examination, including the criminal history of the defendant.

(A) The name and address of any attorney involved in the matter;

(B) Information about the alleged offense; and

(C) Any information about the defendant's background that is determined to be relevant to the examination, including the criminal history of the defendant.

(4) The circuit court may require the attorney for the defendant to provide any available information relevant to the examination, including without limitation: (A) Psychiatric records; (B) Medical records; or (C) Records pertaining to treatment of the defendant for substance or alcohol abuse.

(A) Psychiatric records;

(B) Medical records; or

(C) Records pertaining to treatment of the defendant for substance or alcohol abuse.

(5) After it is developed, a copy of the uniform order under this subsection shall be forwarded to the director.

(6) An examination under this section shall not be conducted without using the uniform order required under this subsection.

(c) An examination report prepared by an examiner ordered under this section shall contain: (1) A description of the nature of the examination; (2) An opinion as to whether as the result of a mental disease or defect the defendant at the time of the alleged offense lacked the capacity to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of the law, an explanation of the examiner's opinion, and the basis of that opinion; (3) When directed by the circuit court, an opinion as to whether at the time of the alleged offense the defendant lacked the capacity to form a culpable mental state that is required to establish an element of the alleged offense, an explanation of the examiner's opinion, and the basis of that opinion; and (4) If an examination cannot be conducted because of the unwillingness of the defendant to participate in the examination, an opinion as to whether the unwillingness of the defendant is the result of mental disease or defect.

(1) A description of the nature of the examination;

(2) An opinion as to whether as the result of a mental disease or defect the defendant at the time of the alleged offense lacked the capacity to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of the law, an explanation of the examiner's opinion, and the basis of that opinion;

(3) When directed by the circuit court, an opinion as to whether at the time of the alleged offense the defendant lacked the capacity to form a culpable mental state that is required to establish an element of the alleged offense, an explanation of the examiner's opinion, and the basis of that opinion; and

(4) If an examination cannot be conducted because of the unwillingness of the defendant to participate in the examination, an opinion as to whether the unwillingness of the defendant is the result of mental disease or defect.

(d) (1) An examiner appointed under this section to examine a defendant with regard to a defense of lack of criminal responsibility also may be appointed by the circuit court to examine the defendant with regard to the defendant's fitness to proceed under § 5-2-327 . (2) However, the examiner must file with the circuit court separate written reports concerning the defendant's fitness to proceed and lack of criminal responsibility.

(1) An examiner appointed under this section to examine a defendant with regard to a defense of lack of criminal responsibility also may be appointed by the circuit court to examine the defendant with regard to the defendant's fitness to proceed under § 5-2-327 .

(2) However, the examiner must file with the circuit court separate written reports concerning the defendant's fitness to proceed and lack of criminal responsibility.

(e) Unless otherwise required by this section, an examiner shall not render an opinion or issue a report on the defendant's lack of criminal responsibility if the examiner believes that the defendant is not fit to proceed until the circuit court issuing the order for an examination into the defendant's lack of criminal responsibility makes a determination as to the defendant's fitness to proceed.

(f) A circuit court shall not order the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to conduct an examination of a defendant's lack of criminal responsibility if a previous examination into the defendant's fitness to proceed has already determined that the defendant does not have a mental disease or defect unless the requesting party can show reasonable cause to believe: (1) There is evidence of a mental disease or defect that was not fully considered in the previous examination into the defendant's fitness to proceed; or (2) That the previous opinion that the defendant does not have a mental disease or defect was based on information or facts later shown to be false or unreliable.

(1) There is evidence of a mental disease or defect that was not fully considered in the previous examination into the defendant's fitness to proceed; or

(2) That the previous opinion that the defendant does not have a mental disease or defect was based on information or facts later shown to be false or unreliable.

(g) (1) This section does not prevent a defendant from having an examination into his or her lack of criminal responsibility conducted by his or her expert or from maintaining a defense of not guilty by reason of a lack of criminal responsibility using testimony from a defense expert or other evidence. (2) If a defendant wishes to be examined by an expert of his or her own choosing, the circuit court shall provide the expert with reasonable opportunity to examine the defendant upon a timely request.

(1) This section does not prevent a defendant from having an examination into his or her lack of criminal responsibility conducted by his or her expert or from maintaining a defense of not guilty by reason of a lack of criminal responsibility using testimony from a defense expert or other evidence.

(2) If a defendant wishes to be examined by an expert of his or her own choosing, the circuit court shall provide the expert with reasonable opportunity to examine the defendant upon a timely request.

Added by Act 2017, No. 472,§ 15, eff. 8/1/2017.
Ark. Code Ann. § 5-2-315 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-315
Discharge or conditional release
Status: in_force

(a) (1) (A) When the Secretary of the Department of Human Services or his or her designee determines that a person acquitted has recovered from his or her mental disease or defect to such an extent that his or her release or his or her conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment would no longer create a substantial risk of bodily injury to another person or serious damage to the property of another person, the secretary shall promptly file an application for discharge or conditional release of the person acquitted with the circuit court that ordered the commitment. (B) In addition, if the person acquitted has an impairment due to alcohol or substance abuse, the secretary may petition the circuit court for involuntary commitment under § 20-64-815 . (2) The secretary shall send a copy of the application to the counsel for the person acquitted and to the attorney for the state. (b) (1) Within twenty (20) days after receiving the application for discharge or conditional release of the person acquitted, the attorney for the state may petition the circuit court for a hearing to determine whether the person acquitted should be released. (2) If the attorney for the state does not request a hearing, the circuit court may conduct a hearing on its own motion or discharge the person acquitted. (c) If the circuit court finds after a hearing under subsection (b) of this section by the standard specified in § 5-2-314(e) that the person acquitted has recovered from his or her mental disease or defect to such an extent that: (1) The discharge of the person acquitted would no longer create a substantial risk of bodily injury to another person or serious damage to property of another person, then the circuit court shall order that the person acquitted be immediately discharged; or (2) The conditional release of the person acquitted under a prescribed regimen of medical, psychiatric, or psychological care or treatment would no longer create a substantial risk of bodily injury to another person or serious damage to property of another person, then the circuit court shall order: (A) That the person acquitted be conditionally released under a prescribed regimen of medical, psychiatric, or psychological care or treatment that has been: (i) Prepared for the person acquitted; (ii) Certified to the circuit court as appropriate by the director of the facility in which the person acquitted is committed; and (iii) Found by the circuit court to be appropriate; and (B) Explicit conditions of release, including without limitation requirements that: (i) The person acquitted comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment; (ii) The person acquitted be subject to regularly scheduled personal contact with a compliance monitor for the purpose of verifying compliance with the conditions of release; (iii) Compliance with the conditions of release be documented with the circuit court by the compliance monitor at ninety-day intervals or at such intervals as the circuit court may order; and (iv) Impose the conditions of release for a period of up to five (5) years. (d) If the circuit court determines that the person acquitted has not met his or her burden of proof under subsection (c) of this section, the person acquitted shall continue to be committed to the custody of the Department of Human Services. (e) A person ordered to be in charge of a prescribed regimen of medical, psychiatric, or psychological care or treatment of a person acquitted shall provide: (1) The prescribed regimen of medical, psychiatric, or psychological care or treatment; (2) Periodic written documentation to a compliance monitor of compliance with the conditions of release, including, but not limited to, documentation of compliance with the prescribed: (A) Medication; (B) Treatment and therapy; (C) Substance abuse treatment; and (D) Drug testing; and (3) (A) Written notice of any failure of the person acquitted to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment to the: (i) Compliance monitor; (ii) Attorney for the person acquitted; (iii) Attorney for the state; and (iv) Circuit court having jurisdiction. (B) The written notice under subdivision (e)(3)(A) of this section shall be provided immediately upon the failure of the person acquitted to comply with a condition of release. (C) (i) Upon the written notice under subdivision (e)(3)(A) of this section or upon other probable cause to believe that the person acquitted has failed to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, the person acquitted may be detained and shall be taken without unnecessary delay before the circuit court having jurisdiction over him or her. (ii) After a hearing, the circuit court shall determine whether the person acquitted should be remanded to an appropriate facility on the ground that, in light of his or her failure to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, his or her continued release would create a substantial risk of bodily injury to another person or serious damage to property of another person. (D) At any time after a hearing employing the same criteria, the circuit court may modify or eliminate the prescribed regimen of medical, psychiatric, or psychological care or treatment. (f) (1) Regardless of whether the secretary or his or her designee has filed an application pursuant to a provision of subsection (a) of this section, and at any time during the commitment of the person acquitted, a person acquitted, his or her counsel, or his or her legal guardian may file with the circuit court that ordered the commitment a motion for a hearing to determine whether the person acquitted should be discharged from the facility in which the person acquitted is committed. (2) However, no motion under subdivision (f)(1) of this section may be filed more than one (1) time every one hundred eighty (180) days. (3) A copy of the motion under subdivision (f)(1) of this section shall be sent to the: (A) Director of the facility in which the person acquitted is committed; and (B) Attorney for the state. Amended by Act 2019, No. 910,§ 5123, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5122, eff. 7/1/2019. Acts 1989, No. 645, § 4; 1989, No. 911, § 4; 1995, No. 609, § 2; 1995, No. 767, § 4; 1997, No. 922, § 2; 2011, No. 990, § 1.

(a) (1) (A) When the Secretary of the Department of Human Services or his or her designee determines that a person acquitted has recovered from his or her mental disease or defect to such an extent that his or her release or his or her conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment would no longer create a substantial risk of bodily injury to another person or serious damage to the property of another person, the secretary shall promptly file an application for discharge or conditional release of the person acquitted with the circuit court that ordered the commitment. (B) In addition, if the person acquitted has an impairment due to alcohol or substance abuse, the secretary may petition the circuit court for involuntary commitment under § 20-64-815 . (2) The secretary shall send a copy of the application to the counsel for the person acquitted and to the attorney for the state.

(1) (A) When the Secretary of the Department of Human Services or his or her designee determines that a person acquitted has recovered from his or her mental disease or defect to such an extent that his or her release or his or her conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment would no longer create a substantial risk of bodily injury to another person or serious damage to the property of another person, the secretary shall promptly file an application for discharge or conditional release of the person acquitted with the circuit court that ordered the commitment. (B) In addition, if the person acquitted has an impairment due to alcohol or substance abuse, the secretary may petition the circuit court for involuntary commitment under § 20-64-815 .

(A) When the Secretary of the Department of Human Services or his or her designee determines that a person acquitted has recovered from his or her mental disease or defect to such an extent that his or her release or his or her conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment would no longer create a substantial risk of bodily injury to another person or serious damage to the property of another person, the secretary shall promptly file an application for discharge or conditional release of the person acquitted with the circuit court that ordered the commitment.

(B) In addition, if the person acquitted has an impairment due to alcohol or substance abuse, the secretary may petition the circuit court for involuntary commitment under § 20-64-815 .

(2) The secretary shall send a copy of the application to the counsel for the person acquitted and to the attorney for the state.

(b) (1) Within twenty (20) days after receiving the application for discharge or conditional release of the person acquitted, the attorney for the state may petition the circuit court for a hearing to determine whether the person acquitted should be released. (2) If the attorney for the state does not request a hearing, the circuit court may conduct a hearing on its own motion or discharge the person acquitted.

(1) Within twenty (20) days after receiving the application for discharge or conditional release of the person acquitted, the attorney for the state may petition the circuit court for a hearing to determine whether the person acquitted should be released.

(2) If the attorney for the state does not request a hearing, the circuit court may conduct a hearing on its own motion or discharge the person acquitted.

(c) If the circuit court finds after a hearing under subsection (b) of this section by the standard specified in § 5-2-314(e) that the person acquitted has recovered from his or her mental disease or defect to such an extent that: (1) The discharge of the person acquitted would no longer create a substantial risk of bodily injury to another person or serious damage to property of another person, then the circuit court shall order that the person acquitted be immediately discharged; or (2) The conditional release of the person acquitted under a prescribed regimen of medical, psychiatric, or psychological care or treatment would no longer create a substantial risk of bodily injury to another person or serious damage to property of another person, then the circuit court shall order: (A) That the person acquitted be conditionally released under a prescribed regimen of medical, psychiatric, or psychological care or treatment that has been: (i) Prepared for the person acquitted; (ii) Certified to the circuit court as appropriate by the director of the facility in which the person acquitted is committed; and (iii) Found by the circuit court to be appropriate; and (B) Explicit conditions of release, including without limitation requirements that: (i) The person acquitted comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment; (ii) The person acquitted be subject to regularly scheduled personal contact with a compliance monitor for the purpose of verifying compliance with the conditions of release; (iii) Compliance with the conditions of release be documented with the circuit court by the compliance monitor at ninety-day intervals or at such intervals as the circuit court may order; and (iv) Impose the conditions of release for a period of up to five (5) years.

(1) The discharge of the person acquitted would no longer create a substantial risk of bodily injury to another person or serious damage to property of another person, then the circuit court shall order that the person acquitted be immediately discharged; or

(2) The conditional release of the person acquitted under a prescribed regimen of medical, psychiatric, or psychological care or treatment would no longer create a substantial risk of bodily injury to another person or serious damage to property of another person, then the circuit court shall order: (A) That the person acquitted be conditionally released under a prescribed regimen of medical, psychiatric, or psychological care or treatment that has been: (i) Prepared for the person acquitted; (ii) Certified to the circuit court as appropriate by the director of the facility in which the person acquitted is committed; and (iii) Found by the circuit court to be appropriate; and (B) Explicit conditions of release, including without limitation requirements that: (i) The person acquitted comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment; (ii) The person acquitted be subject to regularly scheduled personal contact with a compliance monitor for the purpose of verifying compliance with the conditions of release; (iii) Compliance with the conditions of release be documented with the circuit court by the compliance monitor at ninety-day intervals or at such intervals as the circuit court may order; and (iv) Impose the conditions of release for a period of up to five (5) years.

(A) That the person acquitted be conditionally released under a prescribed regimen of medical, psychiatric, or psychological care or treatment that has been: (i) Prepared for the person acquitted; (ii) Certified to the circuit court as appropriate by the director of the facility in which the person acquitted is committed; and (iii) Found by the circuit court to be appropriate; and

(i) Prepared for the person acquitted;

(ii) Certified to the circuit court as appropriate by the director of the facility in which the person acquitted is committed; and

(iii) Found by the circuit court to be appropriate; and

(B) Explicit conditions of release, including without limitation requirements that: (i) The person acquitted comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment; (ii) The person acquitted be subject to regularly scheduled personal contact with a compliance monitor for the purpose of verifying compliance with the conditions of release; (iii) Compliance with the conditions of release be documented with the circuit court by the compliance monitor at ninety-day intervals or at such intervals as the circuit court may order; and (iv) Impose the conditions of release for a period of up to five (5) years.

(i) The person acquitted comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment;

(ii) The person acquitted be subject to regularly scheduled personal contact with a compliance monitor for the purpose of verifying compliance with the conditions of release;

(iii) Compliance with the conditions of release be documented with the circuit court by the compliance monitor at ninety-day intervals or at such intervals as the circuit court may order; and

(iv) Impose the conditions of release for a period of up to five (5) years.

(d) If the circuit court determines that the person acquitted has not met his or her burden of proof under subsection (c) of this section, the person acquitted shall continue to be committed to the custody of the Department of Human Services.

(e) A person ordered to be in charge of a prescribed regimen of medical, psychiatric, or psychological care or treatment of a person acquitted shall provide: (1) The prescribed regimen of medical, psychiatric, or psychological care or treatment; (2) Periodic written documentation to a compliance monitor of compliance with the conditions of release, including, but not limited to, documentation of compliance with the prescribed: (A) Medication; (B) Treatment and therapy; (C) Substance abuse treatment; and (D) Drug testing; and (3) (A) Written notice of any failure of the person acquitted to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment to the: (i) Compliance monitor; (ii) Attorney for the person acquitted; (iii) Attorney for the state; and (iv) Circuit court having jurisdiction. (B) The written notice under subdivision (e)(3)(A) of this section shall be provided immediately upon the failure of the person acquitted to comply with a condition of release. (C) (i) Upon the written notice under subdivision (e)(3)(A) of this section or upon other probable cause to believe that the person acquitted has failed to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, the person acquitted may be detained and shall be taken without unnecessary delay before the circuit court having jurisdiction over him or her. (ii) After a hearing, the circuit court shall determine whether the person acquitted should be remanded to an appropriate facility on the ground that, in light of his or her failure to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, his or her continued release would create a substantial risk of bodily injury to another person or serious damage to property of another person. (D) At any time after a hearing employing the same criteria, the circuit court may modify or eliminate the prescribed regimen of medical, psychiatric, or psychological care or treatment.

(1) The prescribed regimen of medical, psychiatric, or psychological care or treatment;

(2) Periodic written documentation to a compliance monitor of compliance with the conditions of release, including, but not limited to, documentation of compliance with the prescribed: (A) Medication; (B) Treatment and therapy; (C) Substance abuse treatment; and (D) Drug testing; and

(A) Medication;

(B) Treatment and therapy;

(C) Substance abuse treatment; and

(D) Drug testing; and

(3) (A) Written notice of any failure of the person acquitted to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment to the: (i) Compliance monitor; (ii) Attorney for the person acquitted; (iii) Attorney for the state; and (iv) Circuit court having jurisdiction. (B) The written notice under subdivision (e)(3)(A) of this section shall be provided immediately upon the failure of the person acquitted to comply with a condition of release. (C) (i) Upon the written notice under subdivision (e)(3)(A) of this section or upon other probable cause to believe that the person acquitted has failed to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, the person acquitted may be detained and shall be taken without unnecessary delay before the circuit court having jurisdiction over him or her. (ii) After a hearing, the circuit court shall determine whether the person acquitted should be remanded to an appropriate facility on the ground that, in light of his or her failure to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, his or her continued release would create a substantial risk of bodily injury to another person or serious damage to property of another person. (D) At any time after a hearing employing the same criteria, the circuit court may modify or eliminate the prescribed regimen of medical, psychiatric, or psychological care or treatment.

(A) Written notice of any failure of the person acquitted to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment to the: (i) Compliance monitor; (ii) Attorney for the person acquitted; (iii) Attorney for the state; and (iv) Circuit court having jurisdiction.

(i) Compliance monitor;

(ii) Attorney for the person acquitted;

(iii) Attorney for the state; and

(iv) Circuit court having jurisdiction.

(B) The written notice under subdivision (e)(3)(A) of this section shall be provided immediately upon the failure of the person acquitted to comply with a condition of release.

(C) (i) Upon the written notice under subdivision (e)(3)(A) of this section or upon other probable cause to believe that the person acquitted has failed to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, the person acquitted may be detained and shall be taken without unnecessary delay before the circuit court having jurisdiction over him or her. (ii) After a hearing, the circuit court shall determine whether the person acquitted should be remanded to an appropriate facility on the ground that, in light of his or her failure to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, his or her continued release would create a substantial risk of bodily injury to another person or serious damage to property of another person.

(i) Upon the written notice under subdivision (e)(3)(A) of this section or upon other probable cause to believe that the person acquitted has failed to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, the person acquitted may be detained and shall be taken without unnecessary delay before the circuit court having jurisdiction over him or her.

(ii) After a hearing, the circuit court shall determine whether the person acquitted should be remanded to an appropriate facility on the ground that, in light of his or her failure to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, his or her continued release would create a substantial risk of bodily injury to another person or serious damage to property of another person.

(D) At any time after a hearing employing the same criteria, the circuit court may modify or eliminate the prescribed regimen of medical, psychiatric, or psychological care or treatment.

(f) (1) Regardless of whether the secretary or his or her designee has filed an application pursuant to a provision of subsection (a) of this section, and at any time during the commitment of the person acquitted, a person acquitted, his or her counsel, or his or her legal guardian may file with the circuit court that ordered the commitment a motion for a hearing to determine whether the person acquitted should be discharged from the facility in which the person acquitted is committed. (2) However, no motion under subdivision (f)(1) of this section may be filed more than one (1) time every one hundred eighty (180) days. (3) A copy of the motion under subdivision (f)(1) of this section shall be sent to the: (A) Director of the facility in which the person acquitted is committed; and (B) Attorney for the state.

(1) Regardless of whether the secretary or his or her designee has filed an application pursuant to a provision of subsection (a) of this section, and at any time during the commitment of the person acquitted, a person acquitted, his or her counsel, or his or her legal guardian may file with the circuit court that ordered the commitment a motion for a hearing to determine whether the person acquitted should be discharged from the facility in which the person acquitted is committed.

(2) However, no motion under subdivision (f)(1) of this section may be filed more than one (1) time every one hundred eighty (180) days.

(3) A copy of the motion under subdivision (f)(1) of this section shall be sent to the: (A) Director of the facility in which the person acquitted is committed; and (B) Attorney for the state.

(A) Director of the facility in which the person acquitted is committed; and

(B) Attorney for the state.

Amended by Act 2019, No. 910,§ 5123, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5122, eff. 7/1/2019.

Acts 1989, No. 645, § 4; 1989, No. 911, § 4; 1995, No. 609, § 2; 1995, No. 767, § 4; 1997, No. 922, § 2; 2011, No. 990, § 1.
Ark. Code Ann. § 5-54-134 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-134
Disarming an officer
Status: in_force

(a) As used in this section, "taser stun gun" means the same as defined in § 5-73-133 . (b) A person commits disarming an officer if, with the purpose of causing physical injury to the law enforcement officer or another person, the person purposely uses physical force to take from a law enforcement officer, the law enforcement officer's: (1) Firearm; (2) Nightstick; (3) Taser stun gun; (4) Personal protection chemical dispensing device; or (5) Any other protective gear or weapon carried by the law enforcement officer that could be used to cause physical injury to another person. (c) Disarming an officer is a Class C felony. Added by Act 2023, No. 585,§ 1, eff. 8/1/2023.

(a) As used in this section, "taser stun gun" means the same as defined in § 5-73-133 .

(b) A person commits disarming an officer if, with the purpose of causing physical injury to the law enforcement officer or another person, the person purposely uses physical force to take from a law enforcement officer, the law enforcement officer's: (1) Firearm; (2) Nightstick; (3) Taser stun gun; (4) Personal protection chemical dispensing device; or (5) Any other protective gear or weapon carried by the law enforcement officer that could be used to cause physical injury to another person.

(1) Firearm;

(2) Nightstick;

(3) Taser stun gun;

(4) Personal protection chemical dispensing device; or

(5) Any other protective gear or weapon carried by the law enforcement officer that could be used to cause physical injury to another person.

(c) Disarming an officer is a Class C felony.

Added by Act 2023, No. 585,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 5-37-407 — AR Code / Title 5 / Chapter 37 / Subchapter 4 / Section 5-37-407
Additional civil remedies
Status: in_force

(a) (1) In addition to any other provision of this subchapter, any person aggrieved by a violation of this subchapter may bring a civil action in any court of competent jurisdiction. (2) As used in this section, "any person aggrieved" includes any communication service provider. (b) The court may: (1) Award declaratory relief and any other equitable remedy, including a preliminary or final injunction to prevent or restrain a violation of this subchapter, without requiring proof that the plaintiff has suffered or will suffer actual damages or irreparable harm or lacks an adequate remedy at law; (2) At any time while an action is pending, order the impounding, on such terms as it deems reasonable, of any communication device or unlawful access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation of this subchapter; (3) Award damages as described in subsection (c) of this section; (4) In the court's discretion, award reasonable attorney fees, costs, and expenses to an aggrieved party who prevails; and (5) As part of a final judgment or decree finding a violation of this subchapter, order the remedial modification or destruction of any communication device or unlawful access device or any other device or equipment involved in the violation that is in the custody or control of the violator or has been impounded under subdivision (b)(2) of this section. (c) Damages awarded by a court under this subchapter shall be computed as either of the following: (1) (A) Upon his or her election of damages at any time before final judgment is entered, the complaining party may recover the actual damages suffered by him or her as a result of the violation of this subchapter and any profits of the violator that are attributable to the violation. (B) Actual damages include the retail value of any communication service illegally available to a person to whom the violator directly or indirectly provided or distributed any communication device or unlawful access devices. (C) In proving actual damages, the complaining party shall prove only that the violator manufactured, distributed, or sold any communication device or unlawful access devices. (D) In determining the violator's profits, the complaining party shall prove only the violator's gross revenue and the violator shall prove his or her deductible expenses; or (2) Upon election by the complaining party at any time before final judgment is entered, that party may recover in lieu of actual damages, an award of statutory damages of one thousand dollars ($1,000) for each communication device or unlawful access device involved in the action, with the amount of statutory damages to be determined by the court, as the court considers just. (d) In any case in which the court finds that any violation of this subchapter was committed willfully and for a purpose of commercial advantage or private financial gain, the court in its discretion may increase the total award of any damages under subsection (c) of this section by an amount of not more than fifty thousand dollars ($50,000) for each communication device or unlawful access device involved in the action or for each day the defendant was in violation of this subchapter. Acts 2003, No. 1806, § 6; 2007, No. 827, § 41.

(a) (1) In addition to any other provision of this subchapter, any person aggrieved by a violation of this subchapter may bring a civil action in any court of competent jurisdiction. (2) As used in this section, "any person aggrieved" includes any communication service provider.

(1) In addition to any other provision of this subchapter, any person aggrieved by a violation of this subchapter may bring a civil action in any court of competent jurisdiction.

(2) As used in this section, "any person aggrieved" includes any communication service provider.

(b) The court may: (1) Award declaratory relief and any other equitable remedy, including a preliminary or final injunction to prevent or restrain a violation of this subchapter, without requiring proof that the plaintiff has suffered or will suffer actual damages or irreparable harm or lacks an adequate remedy at law; (2) At any time while an action is pending, order the impounding, on such terms as it deems reasonable, of any communication device or unlawful access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation of this subchapter; (3) Award damages as described in subsection (c) of this section; (4) In the court's discretion, award reasonable attorney fees, costs, and expenses to an aggrieved party who prevails; and (5) As part of a final judgment or decree finding a violation of this subchapter, order the remedial modification or destruction of any communication device or unlawful access device or any other device or equipment involved in the violation that is in the custody or control of the violator or has been impounded under subdivision (b)(2) of this section.

(1) Award declaratory relief and any other equitable remedy, including a preliminary or final injunction to prevent or restrain a violation of this subchapter, without requiring proof that the plaintiff has suffered or will suffer actual damages or irreparable harm or lacks an adequate remedy at law;

(2) At any time while an action is pending, order the impounding, on such terms as it deems reasonable, of any communication device or unlawful access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation of this subchapter;

(3) Award damages as described in subsection (c) of this section;

(4) In the court's discretion, award reasonable attorney fees, costs, and expenses to an aggrieved party who prevails; and

(5) As part of a final judgment or decree finding a violation of this subchapter, order the remedial modification or destruction of any communication device or unlawful access device or any other device or equipment involved in the violation that is in the custody or control of the violator or has been impounded under subdivision (b)(2) of this section.

(c) Damages awarded by a court under this subchapter shall be computed as either of the following: (1) (A) Upon his or her election of damages at any time before final judgment is entered, the complaining party may recover the actual damages suffered by him or her as a result of the violation of this subchapter and any profits of the violator that are attributable to the violation. (B) Actual damages include the retail value of any communication service illegally available to a person to whom the violator directly or indirectly provided or distributed any communication device or unlawful access devices. (C) In proving actual damages, the complaining party shall prove only that the violator manufactured, distributed, or sold any communication device or unlawful access devices. (D) In determining the violator's profits, the complaining party shall prove only the violator's gross revenue and the violator shall prove his or her deductible expenses; or (2) Upon election by the complaining party at any time before final judgment is entered, that party may recover in lieu of actual damages, an award of statutory damages of one thousand dollars ($1,000) for each communication device or unlawful access device involved in the action, with the amount of statutory damages to be determined by the court, as the court considers just.

(1) (A) Upon his or her election of damages at any time before final judgment is entered, the complaining party may recover the actual damages suffered by him or her as a result of the violation of this subchapter and any profits of the violator that are attributable to the violation. (B) Actual damages include the retail value of any communication service illegally available to a person to whom the violator directly or indirectly provided or distributed any communication device or unlawful access devices. (C) In proving actual damages, the complaining party shall prove only that the violator manufactured, distributed, or sold any communication device or unlawful access devices. (D) In determining the violator's profits, the complaining party shall prove only the violator's gross revenue and the violator shall prove his or her deductible expenses; or

(A) Upon his or her election of damages at any time before final judgment is entered, the complaining party may recover the actual damages suffered by him or her as a result of the violation of this subchapter and any profits of the violator that are attributable to the violation.

(B) Actual damages include the retail value of any communication service illegally available to a person to whom the violator directly or indirectly provided or distributed any communication device or unlawful access devices.

(C) In proving actual damages, the complaining party shall prove only that the violator manufactured, distributed, or sold any communication device or unlawful access devices.

(D) In determining the violator's profits, the complaining party shall prove only the violator's gross revenue and the violator shall prove his or her deductible expenses; or

(2) Upon election by the complaining party at any time before final judgment is entered, that party may recover in lieu of actual damages, an award of statutory damages of one thousand dollars ($1,000) for each communication device or unlawful access device involved in the action, with the amount of statutory damages to be determined by the court, as the court considers just.

(d) In any case in which the court finds that any violation of this subchapter was committed willfully and for a purpose of commercial advantage or private financial gain, the court in its discretion may increase the total award of any damages under subsection (c) of this section by an amount of not more than fifty thousand dollars ($50,000) for each communication device or unlawful access device involved in the action or for each day the defendant was in violation of this subchapter.

Acts 2003, No. 1806, § 6; 2007, No. 827, § 41.
Ark. Code Ann. § 5-76-103 — AR Code / Title 5 / Chapter 76 / Section 5-76-103
[Repealed]
Status: repealed

Repealed by Act 2015, No. 299,§ 16, eff. 7/22/2015. Amended by Act 2013, No. 1107,§ 9, eff. 8/16/2013. Acts 1995, No. 518, § 5; 1997, No. 788, § 2; 1997, No. 1341, § 2; 2007, No. 1196, § 2.

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

Amended by Act 2013, No. 1107,§ 9, eff. 8/16/2013.

Acts 1995, No. 518, § 5; 1997, No. 788, § 2; 1997, No. 1341, § 2; 2007, No. 1196, § 2.
Ark. Code Ann. § 5-73-310 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-310
Application form
Status: in_force

The application for a license to carry a concealed handgun shall be completed, under oath, on a form promulgated by the Director of the Division of Arkansas State Police and shall include only: (1) The name, address, place and date of birth, race, and sex of the applicant; (2) The driver's license number or Social Security number of the applicant; (3) Any previous address of the applicant for the two (2) years preceding the date of the application; (4) A statement that the applicant is in compliance with criteria contained within §§ 5-73-308(a) and 5-73-309 ; (5) A statement that the applicant has been furnished a copy of this subchapter and is acquainted with the truth and understanding of this subchapter; (6) A conspicuous warning that the application is executed under oath, and that a knowingly false answer to any question or the knowing submission of any false document by the applicant subjects the applicant to: (A) Criminal prosecution and precludes any future license's being issued to the applicant; and (B) Immediate revocation if the license has already been issued; (7) A statement that the applicant desires a legal means to carry a concealed handgun to defend himself or herself; (8) (A) A statement of whether the applicant is applying for: (i) An unrestricted license, that allows the person to carry any handgun; or (ii) A restricted license, that allows the person to carry any handgun other than a semiautomatic handgun. (B) (i) An applicant requesting an unrestricted license shall establish proficiency in the use of a semiautomatic handgun. (ii) An applicant requesting a restricted license shall establish proficiency in the use of a handgun and may use any kind of handgun when establishing proficiency; and (9) A statement of whether or not the applicant has been found guilty of a crime of violence or domestic abuse. Amended by Act 2019, No. 910,§ 5740, eff. 7/1/2019. Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 5; 1999, No. 786, § 1.

The application for a license to carry a concealed handgun shall be completed, under oath, on a form promulgated by the Director of the Division of Arkansas State Police and shall include only:

(1) The name, address, place and date of birth, race, and sex of the applicant;

(2) The driver's license number or Social Security number of the applicant;

(3) Any previous address of the applicant for the two (2) years preceding the date of the application;

(4) A statement that the applicant is in compliance with criteria contained within §§ 5-73-308(a) and 5-73-309 ;

(5) A statement that the applicant has been furnished a copy of this subchapter and is acquainted with the truth and understanding of this subchapter;

(6) A conspicuous warning that the application is executed under oath, and that a knowingly false answer to any question or the knowing submission of any false document by the applicant subjects the applicant to: (A) Criminal prosecution and precludes any future license's being issued to the applicant; and (B) Immediate revocation if the license has already been issued;

(A) Criminal prosecution and precludes any future license's being issued to the applicant; and

(B) Immediate revocation if the license has already been issued;

(7) A statement that the applicant desires a legal means to carry a concealed handgun to defend himself or herself;

(8) (A) A statement of whether the applicant is applying for: (i) An unrestricted license, that allows the person to carry any handgun; or (ii) A restricted license, that allows the person to carry any handgun other than a semiautomatic handgun. (B) (i) An applicant requesting an unrestricted license shall establish proficiency in the use of a semiautomatic handgun. (ii) An applicant requesting a restricted license shall establish proficiency in the use of a handgun and may use any kind of handgun when establishing proficiency; and

(A) A statement of whether the applicant is applying for: (i) An unrestricted license, that allows the person to carry any handgun; or (ii) A restricted license, that allows the person to carry any handgun other than a semiautomatic handgun.

(i) An unrestricted license, that allows the person to carry any handgun; or

(ii) A restricted license, that allows the person to carry any handgun other than a semiautomatic handgun.

(B) (i) An applicant requesting an unrestricted license shall establish proficiency in the use of a semiautomatic handgun. (ii) An applicant requesting a restricted license shall establish proficiency in the use of a handgun and may use any kind of handgun when establishing proficiency; and

(i) An applicant requesting an unrestricted license shall establish proficiency in the use of a semiautomatic handgun.

(ii) An applicant requesting a restricted license shall establish proficiency in the use of a handgun and may use any kind of handgun when establishing proficiency; and

(9) A statement of whether or not the applicant has been found guilty of a crime of violence or domestic abuse.

Amended by Act 2019, No. 910,§ 5740, eff. 7/1/2019.

Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 5; 1999, No. 786, § 1.
Ark. Code Ann. § 5-10-101 — AR Code / Title 5 / Chapter 10 / Section 5-10-101
Capital murder
Status: in_force

(a) A person commits capital murder if: (1) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit: (i) Terrorism, as defined in § 5-54-205 ; (ii) Rape, § 5-14-103 ; (iii) Kidnapping, § 5-11-102 ; (iv) Vehicular piracy, § 5-11-105 ; (v) Robbery, § 5-12-102 ; (vi) Aggravated robbery, § 5-12-103 ; (vii) Residential burglary, § 5-39-201(a) ; (viii) Commercial burglary, § 5-39-201(b) ; (ix) Aggravated residential burglary, § 5-39-204 ; (x) A felony violation of the Uniform Controlled Substances Act, §§ 5-64-101 - 5-64-508 , involving an actual delivery of a controlled substance; or (xi) First degree escape, § 5-54-110 ; and (B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of a person under circumstances manifesting extreme indifference to the value of human life; (2) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit arson, § 5-38-301 ; and (B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person; (3) With the premeditated and deliberated purpose of causing the death of any law enforcement officer, jailer, prison official, firefighter, judge or other court official, community supervision officer, any military personnel, or teacher or school employee, when such person is acting in the line of duty, the person causes the death of any person; (4) With the premeditated and deliberated purpose of causing the death of another person, the person causes the death of any person; (5) With the premeditated and deliberated purpose of causing the death of the holder of any public office filled by election or appointment or a candidate for public office, the person causes the death of any person; (6) While incarcerated in the Division of Correction or the Division of Community Correction, the person purposely causes the death of another person after premeditation and deliberation; (7) Pursuant to an agreement that the person cause the death of another person in return for anything of value, he or she causes the death of any person; (8) The person enters into an agreement in which a person is to cause the death of another person in return for anything of value, and a person hired pursuant to the agreement causes the death of any person; (9) (A) Under circumstances manifesting extreme indifference to the value of human life, the person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed if the defendant was eighteen (18) years of age or older at the time the murder was committed. (B) It is an affirmative defense to any prosecution under this subdivision (a)(9) arising from the failure of the parent, guardian, or person standing in loco parentis to provide specified medical or surgical treatment, that the parent, guardian, or person standing in loco parentis relied solely on spiritual treatment through prayer in accordance with the tenets and practices of an established church or religious denomination of which he or she is a member; or (10) The person: (A) Purposely discharges a firearm from a vehicle at a person or at a vehicle, conveyance, or a residential or commercial occupiable structure that he or she knows or has good reason to believe to be occupied by a person; and (B) Thereby causes the death of another person under circumstances manifesting extreme indifference to the value of human life. (b) It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for an offense in which the defendant was not the only participant that the defendant did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid in the homicidal act's commission. (c) (1) Capital murder is punishable as follows: (A) If the defendant was eighteen (18) years of age or older at the time he or she committed the capital murder: (i) Death; or (ii) Life imprisonment without parole under §§ 5-4-601 - 5-4-605 , 5-4-607 , and 5-4-608 ; or (B) If the defendant was younger than eighteen (18) years of age at the time he or she committed the capital murder, life imprisonment with the possibility of parole or transfer to post-release supervision after serving a minimum of thirty (30) years' imprisonment. (2) For any purpose other than disposition under §§ 5-4-101 - 5-4-104 , 5-4-201 - 5-4-204 , 5-4-301 - 5-4-307 , 5-4-401 - 5-4-404 , 5-4-501 - 5-4-504 , 5-4-601 - 5-4-605 , 5-4-607 , 5-4-608 , 16-93-307 , 16-93-313 , and 16-93-314 , capital murder is a Class Y felony. Amended by Act 2023, No. 659,§ 26, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 25, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 666, eff. 7/1/2019. Amended by Act 2017, No. 539,§ 6, eff. 3/20/2017. Amended by Act 2013, No. 1490,§ 3, eff. 8/16/2013. Acts 1975, No. 280, § 1501; 1983, No. 341, § 1; 1985, No. 840, § 1; A.S.A. 1947, § 41-1501; Acts 1987, No. 242, § 2; 1989, No. 97, § 1; 1989, No. 856, § 1; 1991, No. 683, § 1; 1993, No. 1189, § 2; 1995, No. 258, § 1; 1995, No. 800, § 1; 2003, No. 1342, § 5; 2007, No. 827, §§ 19, 20; 2009, No. 748, § 6; 2009, No. 1395, § 3; 2011, No. 570, § 22.

(a) A person commits capital murder if: (1) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit: (i) Terrorism, as defined in § 5-54-205 ; (ii) Rape, § 5-14-103 ; (iii) Kidnapping, § 5-11-102 ; (iv) Vehicular piracy, § 5-11-105 ; (v) Robbery, § 5-12-102 ; (vi) Aggravated robbery, § 5-12-103 ; (vii) Residential burglary, § 5-39-201(a) ; (viii) Commercial burglary, § 5-39-201(b) ; (ix) Aggravated residential burglary, § 5-39-204 ; (x) A felony violation of the Uniform Controlled Substances Act, §§ 5-64-101 - 5-64-508 , involving an actual delivery of a controlled substance; or (xi) First degree escape, § 5-54-110 ; and (B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of a person under circumstances manifesting extreme indifference to the value of human life; (2) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit arson, § 5-38-301 ; and (B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person; (3) With the premeditated and deliberated purpose of causing the death of any law enforcement officer, jailer, prison official, firefighter, judge or other court official, community supervision officer, any military personnel, or teacher or school employee, when such person is acting in the line of duty, the person causes the death of any person; (4) With the premeditated and deliberated purpose of causing the death of another person, the person causes the death of any person; (5) With the premeditated and deliberated purpose of causing the death of the holder of any public office filled by election or appointment or a candidate for public office, the person causes the death of any person; (6) While incarcerated in the Division of Correction or the Division of Community Correction, the person purposely causes the death of another person after premeditation and deliberation; (7) Pursuant to an agreement that the person cause the death of another person in return for anything of value, he or she causes the death of any person; (8) The person enters into an agreement in which a person is to cause the death of another person in return for anything of value, and a person hired pursuant to the agreement causes the death of any person; (9) (A) Under circumstances manifesting extreme indifference to the value of human life, the person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed if the defendant was eighteen (18) years of age or older at the time the murder was committed. (B) It is an affirmative defense to any prosecution under this subdivision (a)(9) arising from the failure of the parent, guardian, or person standing in loco parentis to provide specified medical or surgical treatment, that the parent, guardian, or person standing in loco parentis relied solely on spiritual treatment through prayer in accordance with the tenets and practices of an established church or religious denomination of which he or she is a member; or (10) The person: (A) Purposely discharges a firearm from a vehicle at a person or at a vehicle, conveyance, or a residential or commercial occupiable structure that he or she knows or has good reason to believe to be occupied by a person; and (B) Thereby causes the death of another person under circumstances manifesting extreme indifference to the value of human life.

(1) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit: (i) Terrorism, as defined in § 5-54-205 ; (ii) Rape, § 5-14-103 ; (iii) Kidnapping, § 5-11-102 ; (iv) Vehicular piracy, § 5-11-105 ; (v) Robbery, § 5-12-102 ; (vi) Aggravated robbery, § 5-12-103 ; (vii) Residential burglary, § 5-39-201(a) ; (viii) Commercial burglary, § 5-39-201(b) ; (ix) Aggravated residential burglary, § 5-39-204 ; (x) A felony violation of the Uniform Controlled Substances Act, §§ 5-64-101 - 5-64-508 , involving an actual delivery of a controlled substance; or (xi) First degree escape, § 5-54-110 ; and (B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of a person under circumstances manifesting extreme indifference to the value of human life;

(A) The person commits or attempts to commit: (i) Terrorism, as defined in § 5-54-205 ; (ii) Rape, § 5-14-103 ; (iii) Kidnapping, § 5-11-102 ; (iv) Vehicular piracy, § 5-11-105 ; (v) Robbery, § 5-12-102 ; (vi) Aggravated robbery, § 5-12-103 ; (vii) Residential burglary, § 5-39-201(a) ; (viii) Commercial burglary, § 5-39-201(b) ; (ix) Aggravated residential burglary, § 5-39-204 ; (x) A felony violation of the Uniform Controlled Substances Act, §§ 5-64-101 - 5-64-508 , involving an actual delivery of a controlled substance; or (xi) First degree escape, § 5-54-110 ; and

(i) Terrorism, as defined in § 5-54-205 ;

(ii) Rape, § 5-14-103 ;

(iii) Kidnapping, § 5-11-102 ;

(iv) Vehicular piracy, § 5-11-105 ;

(v) Robbery, § 5-12-102 ;

(vi) Aggravated robbery, § 5-12-103 ;

(vii) Residential burglary, § 5-39-201(a) ;

(viii) Commercial burglary, § 5-39-201(b) ;

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

(x) A felony violation of the Uniform Controlled Substances Act, §§ 5-64-101 - 5-64-508 , involving an actual delivery of a controlled substance; or

(xi) First degree escape, § 5-54-110 ; and

(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of a person under circumstances manifesting extreme indifference to the value of human life;

(2) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit arson, § 5-38-301 ; and (B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person;

(A) The person commits or attempts to commit arson, § 5-38-301 ; and

(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person;

(3) With the premeditated and deliberated purpose of causing the death of any law enforcement officer, jailer, prison official, firefighter, judge or other court official, community supervision officer, any military personnel, or teacher or school employee, when such person is acting in the line of duty, the person causes the death of any person;

(4) With the premeditated and deliberated purpose of causing the death of another person, the person causes the death of any person;

(5) With the premeditated and deliberated purpose of causing the death of the holder of any public office filled by election or appointment or a candidate for public office, the person causes the death of any person;

(6) While incarcerated in the Division of Correction or the Division of Community Correction, the person purposely causes the death of another person after premeditation and deliberation;

(7) Pursuant to an agreement that the person cause the death of another person in return for anything of value, he or she causes the death of any person;

(8) The person enters into an agreement in which a person is to cause the death of another person in return for anything of value, and a person hired pursuant to the agreement causes the death of any person;

(9) (A) Under circumstances manifesting extreme indifference to the value of human life, the person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed if the defendant was eighteen (18) years of age or older at the time the murder was committed. (B) It is an affirmative defense to any prosecution under this subdivision (a)(9) arising from the failure of the parent, guardian, or person standing in loco parentis to provide specified medical or surgical treatment, that the parent, guardian, or person standing in loco parentis relied solely on spiritual treatment through prayer in accordance with the tenets and practices of an established church or religious denomination of which he or she is a member; or

(A) Under circumstances manifesting extreme indifference to the value of human life, the person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed if the defendant was eighteen (18) years of age or older at the time the murder was committed.

(B) It is an affirmative defense to any prosecution under this subdivision (a)(9) arising from the failure of the parent, guardian, or person standing in loco parentis to provide specified medical or surgical treatment, that the parent, guardian, or person standing in loco parentis relied solely on spiritual treatment through prayer in accordance with the tenets and practices of an established church or religious denomination of which he or she is a member; or

(10) The person: (A) Purposely discharges a firearm from a vehicle at a person or at a vehicle, conveyance, or a residential or commercial occupiable structure that he or she knows or has good reason to believe to be occupied by a person; and (B) Thereby causes the death of another person under circumstances manifesting extreme indifference to the value of human life.

(A) Purposely discharges a firearm from a vehicle at a person or at a vehicle, conveyance, or a residential or commercial occupiable structure that he or she knows or has good reason to believe to be occupied by a person; and

(B) Thereby causes the death of another person under circumstances manifesting extreme indifference to the value of human life.

(b) It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for an offense in which the defendant was not the only participant that the defendant did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid in the homicidal act's commission.

(c) (1) Capital murder is punishable as follows: (A) If the defendant was eighteen (18) years of age or older at the time he or she committed the capital murder: (i) Death; or (ii) Life imprisonment without parole under §§ 5-4-601 - 5-4-605 , 5-4-607 , and 5-4-608 ; or (B) If the defendant was younger than eighteen (18) years of age at the time he or she committed the capital murder, life imprisonment with the possibility of parole or transfer to post-release supervision after serving a minimum of thirty (30) years' imprisonment. (2) For any purpose other than disposition under §§ 5-4-101 - 5-4-104 , 5-4-201 - 5-4-204 , 5-4-301 - 5-4-307 , 5-4-401 - 5-4-404 , 5-4-501 - 5-4-504 , 5-4-601 - 5-4-605 , 5-4-607 , 5-4-608 , 16-93-307 , 16-93-313 , and 16-93-314 , capital murder is a Class Y felony.

(1) Capital murder is punishable as follows: (A) If the defendant was eighteen (18) years of age or older at the time he or she committed the capital murder: (i) Death; or (ii) Life imprisonment without parole under §§ 5-4-601 - 5-4-605 , 5-4-607 , and 5-4-608 ; or (B) If the defendant was younger than eighteen (18) years of age at the time he or she committed the capital murder, life imprisonment with the possibility of parole or transfer to post-release supervision after serving a minimum of thirty (30) years' imprisonment.

(A) If the defendant was eighteen (18) years of age or older at the time he or she committed the capital murder: (i) Death; or (ii) Life imprisonment without parole under §§ 5-4-601 - 5-4-605 , 5-4-607 , and 5-4-608 ; or

(i) Death; or

(ii) Life imprisonment without parole under §§ 5-4-601 - 5-4-605 , 5-4-607 , and 5-4-608 ; or

(B) If the defendant was younger than eighteen (18) years of age at the time he or she committed the capital murder, life imprisonment with the possibility of parole or transfer to post-release supervision after serving a minimum of thirty (30) years' imprisonment.

(2) For any purpose other than disposition under §§ 5-4-101 - 5-4-104 , 5-4-201 - 5-4-204 , 5-4-301 - 5-4-307 , 5-4-401 - 5-4-404 , 5-4-501 - 5-4-504 , 5-4-601 - 5-4-605 , 5-4-607 , 5-4-608 , 16-93-307 , 16-93-313 , and 16-93-314 , capital murder is a Class Y felony.

Amended by Act 2023, No. 659,§ 26, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 25, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 666, eff. 7/1/2019.

Amended by Act 2017, No. 539,§ 6, eff. 3/20/2017.

Amended by Act 2013, No. 1490,§ 3, eff. 8/16/2013.

Acts 1975, No. 280, § 1501; 1983, No. 341, § 1; 1985, No. 840, § 1; A.S.A. 1947, § 41-1501; Acts 1987, No. 242, § 2; 1989, No. 97, § 1; 1989, No. 856, § 1; 1991, No. 683, § 1; 1993, No. 1189, § 2; 1995, No. 258, § 1; 1995, No. 800, § 1; 2003, No. 1342, § 5; 2007, No. 827, §§ 19, 20; 2009, No. 748, § 6; 2009, No. 1395, § 3; 2011, No. 570, § 22.
Ark. Code Ann. § 5-11-103 — AR Code / Title 5 / Chapter 11 / Section 5-11-103
False imprisonment in the first degree
Status: in_force

(a) A person commits the offense of false imprisonment in the first degree if, without consent and without lawful authority, the person knowingly restrains another person so as to interfere substantially with the other person's liberty in a manner that exposes the other person to a substantial risk of serious physical injury. (b) False imprisonment in the first degree is a Class C felony. Acts 1975, No. 280, § 1703; A.S.A. 1947, § 41-1703.

(a) A person commits the offense of false imprisonment in the first degree if, without consent and without lawful authority, the person knowingly restrains another person so as to interfere substantially with the other person's liberty in a manner that exposes the other person to a substantial risk of serious physical injury.

(b) False imprisonment in the first degree is a Class C felony.

Acts 1975, No. 280, § 1703; A.S.A. 1947, § 41-1703.
Ark. Code Ann. § 5-68-407 — AR Code / Title 5 / Chapter 68 / Subchapter 4 / Section 5-68-407
Complaint
Status: in_force

(a) The action authorized in § 5-68-406 is commenced by the filing of a complaint to which is attached as an exhibit a true copy of the allegedly obscene mailable matter. (b) The complaint shall: (1) Be directed against the mailable matter by name or description; (2) Allege the mailable matter's obscene nature; (3) Designate as respondents and list the names and addresses, if known, of the mailable matter's author, publisher, and any other person sending or causing it to be sent, bringing, or causing it to be brought into this state for sale or commercial distribution and of any person in this state preparing, selling, exhibiting, or commercially distributing it or giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away; (4) Pray for an adjudication that the mailable matter is obscene; (5) Pray for a permanent injunction against any person sending or causing the mailable matter to be sent, bringing, or causing it to be brought into this state for sale or commercial distribution, or in this state preparing, selling, exhibiting, or commercially distributing it, giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away; and (6) Pray for the mailable matter's surrender, seizure, and destruction. Acts 1961, No. 261, § 6; A.S.A. 1947, § 41-3567.

(a) The action authorized in § 5-68-406 is commenced by the filing of a complaint to which is attached as an exhibit a true copy of the allegedly obscene mailable matter.

(b) The complaint shall: (1) Be directed against the mailable matter by name or description; (2) Allege the mailable matter's obscene nature; (3) Designate as respondents and list the names and addresses, if known, of the mailable matter's author, publisher, and any other person sending or causing it to be sent, bringing, or causing it to be brought into this state for sale or commercial distribution and of any person in this state preparing, selling, exhibiting, or commercially distributing it or giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away; (4) Pray for an adjudication that the mailable matter is obscene; (5) Pray for a permanent injunction against any person sending or causing the mailable matter to be sent, bringing, or causing it to be brought into this state for sale or commercial distribution, or in this state preparing, selling, exhibiting, or commercially distributing it, giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away; and (6) Pray for the mailable matter's surrender, seizure, and destruction.

(1) Be directed against the mailable matter by name or description;

(2) Allege the mailable matter's obscene nature;

(3) Designate as respondents and list the names and addresses, if known, of the mailable matter's author, publisher, and any other person sending or causing it to be sent, bringing, or causing it to be brought into this state for sale or commercial distribution and of any person in this state preparing, selling, exhibiting, or commercially distributing it or giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away;

(4) Pray for an adjudication that the mailable matter is obscene;

(5) Pray for a permanent injunction against any person sending or causing the mailable matter to be sent, bringing, or causing it to be brought into this state for sale or commercial distribution, or in this state preparing, selling, exhibiting, or commercially distributing it, giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away; and

(6) Pray for the mailable matter's surrender, seizure, and destruction.

Acts 1961, No. 261, § 6; A.S.A. 1947, § 41-3567.
Ark. Code Ann. § 5-14-112 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-112
Indecent exposure
Status: in_force

(a) A person commits indecent exposure if, with the purpose to arouse or gratify a sexual desire of himself or herself or of any other person, the person exposes his or her sex organs: (1) In a public place or in public view; or (2) Under circumstances in which the person knows the conduct is likely to cause affront or alarm. (b) (1) Except as provided in subdivisions (b)(2) and (b)(3) of this section, indecent exposure is a Class A misdemeanor. (2) Indecent exposure is a Class D felony: (A) For a fourth or fifth conviction within ten (10) years of a previous conviction; or (B) If a person is in the custody of a correctional facility or a detention facility at the time the person exposes his or her sex organs. (3) For a sixth conviction and each successive conviction within ten (10) years of a previous conviction, indecent exposure is a Class C felony. (c) A woman is not in violation of this section for breastfeeding a child in a public place or any place where other individuals are present. Amended by Act 2023, No. 659,§ 31, eff. 1/1/2024. Acts 1975, No. 280, § 1812; A.S.A. 1947, § 41-1812; Acts 1997, No. 817, § 1; 2001, No. 1553, § 7; 2001, No. 1665, § 1; 2001, No. 1821, § 2; 2003, No. 862, § 1; 2005, No. 1815, § 1; 2005, No. 1962, § 5; 2007, No. 38, § 1; No. 680, § 1.

(a) A person commits indecent exposure if, with the purpose to arouse or gratify a sexual desire of himself or herself or of any other person, the person exposes his or her sex organs: (1) In a public place or in public view; or (2) Under circumstances in which the person knows the conduct is likely to cause affront or alarm.

(1) In a public place or in public view; or

(2) Under circumstances in which the person knows the conduct is likely to cause affront or alarm.

(b) (1) Except as provided in subdivisions (b)(2) and (b)(3) of this section, indecent exposure is a Class A misdemeanor. (2) Indecent exposure is a Class D felony: (A) For a fourth or fifth conviction within ten (10) years of a previous conviction; or (B) If a person is in the custody of a correctional facility or a detention facility at the time the person exposes his or her sex organs. (3) For a sixth conviction and each successive conviction within ten (10) years of a previous conviction, indecent exposure is a Class C felony.

(1) Except as provided in subdivisions (b)(2) and (b)(3) of this section, indecent exposure is a Class A misdemeanor.

(2) Indecent exposure is a Class D felony: (A) For a fourth or fifth conviction within ten (10) years of a previous conviction; or (B) If a person is in the custody of a correctional facility or a detention facility at the time the person exposes his or her sex organs.

(A) For a fourth or fifth conviction within ten (10) years of a previous conviction; or

(B) If a person is in the custody of a correctional facility or a detention facility at the time the person exposes his or her sex organs.

(3) For a sixth conviction and each successive conviction within ten (10) years of a previous conviction, indecent exposure is a Class C felony.

(c) A woman is not in violation of this section for breastfeeding a child in a public place or any place where other individuals are present.

Amended by Act 2023, No. 659,§ 31, eff. 1/1/2024.

Acts 1975, No. 280, § 1812; A.S.A. 1947, § 41-1812; Acts 1997, No. 817, § 1; 2001, No. 1553, § 7; 2001, No. 1665, § 1; 2001, No. 1821, § 2; 2003, No. 862, § 1; 2005, No. 1815, § 1; 2005, No. 1962, § 5; 2007, No. 38, § 1; No. 680, § 1.
Ark. Code Ann. § 5-4-702 — AR Code / Title 5 / Chapter 4 / Subchapter 7 / Section 5-4-702
Enhanced penalties for offenses committed in presence of a child
Status: in_force

(a) A person who commits any of the following offenses may be subject to an enhanced sentence of an additional term of imprisonment of not less than one (1) year and not greater than ten (10) years if the offense is committed in the presence of a child: (1) Capital murder, § 5-10-101 ; (2) Murder in the first degree, § 5-10-102 ; (3) Murder in the second degree, § 5-10-103 ; (4) Aggravated robbery, § 5-12-103 ; (5) A felony offense of assault or battery under § 5-13-201 et seq.; (6) Rape, § 5-14-103 ; (7) Sexual assault in the second degree, § 5-14-125 ; (8) A felony offense of domestic battering or assault on a family or household member under §§ 5-26-303 - 5-26-309 ; (9) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; or (10) Terroristic act, § 5-13-310 . (b) Any person who commits the offense of aggravated cruelty to a dog, cat, or equine under § 5-62-104 may be subject to an enhanced sentence of an additional term of imprisonment not to exceed five (5) years if the offense is committed in the presence of a child. (c) (1) To seek an enhanced penalty established in this section, a prosecuting attorney shall notify the defendant in writing that the defendant is subject to the enhanced penalty. (2) If the defendant is charged by information or indictment, the prosecuting attorney may include the written notice in the information or indictment. (d) The enhanced portion of the sentence is consecutive to any other sentence imposed. (e) Any person convicted under this section is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the enhanced portion of the sentence. Amended by Act 2023, No. 659,§ 20, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 19, eff. 1/1/2024. Amended by Act 2019, No. 324,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 389,§ 1, eff. 8/1/2017. Acts 2001, No. 1707, § 2; 2007, No. 1047, § 1; 2009, No. 33, § 1; 2009, No. 936, § 1.

(a) A person who commits any of the following offenses may be subject to an enhanced sentence of an additional term of imprisonment of not less than one (1) year and not greater than ten (10) years if the offense is committed in the presence of a child: (1) Capital murder, § 5-10-101 ; (2) Murder in the first degree, § 5-10-102 ; (3) Murder in the second degree, § 5-10-103 ; (4) Aggravated robbery, § 5-12-103 ; (5) A felony offense of assault or battery under § 5-13-201 et seq.; (6) Rape, § 5-14-103 ; (7) Sexual assault in the second degree, § 5-14-125 ; (8) A felony offense of domestic battering or assault on a family or household member under §§ 5-26-303 - 5-26-309 ; (9) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; or (10) Terroristic act, § 5-13-310 .

(1) Capital murder, § 5-10-101 ;

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

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

(4) Aggravated robbery, § 5-12-103 ;

(5) A felony offense of assault or battery under § 5-13-201 et seq.;

(6) Rape, § 5-14-103 ;

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

(8) A felony offense of domestic battering or assault on a family or household member under §§ 5-26-303 - 5-26-309 ;

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

(10) Terroristic act, § 5-13-310 .

(b) Any person who commits the offense of aggravated cruelty to a dog, cat, or equine under § 5-62-104 may be subject to an enhanced sentence of an additional term of imprisonment not to exceed five (5) years if the offense is committed in the presence of a child.

(c) (1) To seek an enhanced penalty established in this section, a prosecuting attorney shall notify the defendant in writing that the defendant is subject to the enhanced penalty. (2) If the defendant is charged by information or indictment, the prosecuting attorney may include the written notice in the information or indictment.

(1) To seek an enhanced penalty established in this section, a prosecuting attorney shall notify the defendant in writing that the defendant is subject to the enhanced penalty.

(2) If the defendant is charged by information or indictment, the prosecuting attorney may include the written notice in the information or indictment.

(d) The enhanced portion of the sentence is consecutive to any other sentence imposed.

(e) Any person convicted under this section is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the enhanced portion of the sentence.

Amended by Act 2023, No. 659,§ 20, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 19, eff. 1/1/2024.

Amended by Act 2019, No. 324,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 389,§ 1, eff. 8/1/2017.

Acts 2001, No. 1707, § 2; 2007, No. 1047, § 1; 2009, No. 33, § 1; 2009, No. 936, § 1.
Ark. Code Ann. § 5-60-116 — AR Code / Title 5 / Chapter 60 / Subchapter 1 / Section 5-60-116
Breathing, inhaling, possessing, selling, or drinking certain intoxicating compounds - Alcohol vaporizing devices prohibited
Status: in_force

(a) (1) It is unlawful for any person to knowingly: (A) Breathe, inhale, or drink any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichlorathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other similar substance or any gasoline or similar substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis, irrational behavior, or in any manner changing, distorting, or disturbing the auditory, visual, or mental processes; (B) Breathe or inhale any compound, liquid, or chemical containing ethyl alcohol for the purpose of inducing a condition of intoxication; (C) Possess any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichlorathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, ethyl alcohol, or any other substance that will induce a condition of intoxication through breathing or inhalation for the purpose of violating subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section; (D) Sell, offer for sale, deliver, give, or possess with the intent to sell, deliver, or give to any other person any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichlorathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, ethyl alcohol, or any other substance that will induce a condition of intoxication through breathing or inhalation if he or she has reasonable cause to believe that the compound, liquid, or chemical sold, offered for sale, delivered, given, or possessed with the intent to sell, deliver, or give will be used for the purpose of violating subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section; or (E) Manufacture, sell, give, deliver, possess, or use an alcohol vaporizing device. (2) For the purposes of this section, any condition induced as provided in subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section is an intoxicated condition. (b) (1) This section does not apply to any person who commits any act described in this section pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe the act. (2) This section does not apply to the inhalation of anesthesia for a medical purpose or dental purpose. (c) Upon conviction, a person who violates this section is guilty of a Class B misdemeanor. (d) (1) As used in this section, "alcohol vaporizing device" means a device, a machine, an apparatus, or an appliance that is designed or marketed for the purpose of mixing ethyl alcohol with pure or diluted oxygen or any other gas to produce an alcoholic vapor that a person can breathe or inhale. (2) "Alcohol vaporizing device" does not include an inhaler, a nebulizer, an atomizer, or any other device that is designed and intended by the manufacturer to dispense either a substance prescribed by a licensed healthcare provider authorized by law to prescribe the substance or an over-the-counter medication approved under an over-the-counter drug monograph or a new drug application under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as it existed on January 1, 2009. (3) "Alcohol vaporizing device" includes an inhaler, a nebulizer, an atomizer, or any other device described in subdivision (d)(2) of this section if the inhaler, nebulizer, or atomizer is used for the purpose of inducing a condition of intoxication through breathing or inhalation. Acts 1969, No. 34, §§ 1-3; A.S.A. 1947, §§ 41-2963 -- 41-2965; Acts 2005, No. 1994, § 381; 2009, No. 466, § 1.

(a) (1) It is unlawful for any person to knowingly: (A) Breathe, inhale, or drink any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichlorathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other similar substance or any gasoline or similar substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis, irrational behavior, or in any manner changing, distorting, or disturbing the auditory, visual, or mental processes; (B) Breathe or inhale any compound, liquid, or chemical containing ethyl alcohol for the purpose of inducing a condition of intoxication; (C) Possess any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichlorathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, ethyl alcohol, or any other substance that will induce a condition of intoxication through breathing or inhalation for the purpose of violating subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section; (D) Sell, offer for sale, deliver, give, or possess with the intent to sell, deliver, or give to any other person any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichlorathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, ethyl alcohol, or any other substance that will induce a condition of intoxication through breathing or inhalation if he or she has reasonable cause to believe that the compound, liquid, or chemical sold, offered for sale, delivered, given, or possessed with the intent to sell, deliver, or give will be used for the purpose of violating subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section; or (E) Manufacture, sell, give, deliver, possess, or use an alcohol vaporizing device. (2) For the purposes of this section, any condition induced as provided in subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section is an intoxicated condition.

(1) It is unlawful for any person to knowingly: (A) Breathe, inhale, or drink any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichlorathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other similar substance or any gasoline or similar substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis, irrational behavior, or in any manner changing, distorting, or disturbing the auditory, visual, or mental processes; (B) Breathe or inhale any compound, liquid, or chemical containing ethyl alcohol for the purpose of inducing a condition of intoxication; (C) Possess any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichlorathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, ethyl alcohol, or any other substance that will induce a condition of intoxication through breathing or inhalation for the purpose of violating subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section; (D) Sell, offer for sale, deliver, give, or possess with the intent to sell, deliver, or give to any other person any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichlorathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, ethyl alcohol, or any other substance that will induce a condition of intoxication through breathing or inhalation if he or she has reasonable cause to believe that the compound, liquid, or chemical sold, offered for sale, delivered, given, or possessed with the intent to sell, deliver, or give will be used for the purpose of violating subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section; or (E) Manufacture, sell, give, deliver, possess, or use an alcohol vaporizing device.

(A) Breathe, inhale, or drink any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichlorathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other similar substance or any gasoline or similar substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis, irrational behavior, or in any manner changing, distorting, or disturbing the auditory, visual, or mental processes;

(B) Breathe or inhale any compound, liquid, or chemical containing ethyl alcohol for the purpose of inducing a condition of intoxication;

(C) Possess any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichlorathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, ethyl alcohol, or any other substance that will induce a condition of intoxication through breathing or inhalation for the purpose of violating subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section;

(D) Sell, offer for sale, deliver, give, or possess with the intent to sell, deliver, or give to any other person any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichlorathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, ethyl alcohol, or any other substance that will induce a condition of intoxication through breathing or inhalation if he or she has reasonable cause to believe that the compound, liquid, or chemical sold, offered for sale, delivered, given, or possessed with the intent to sell, deliver, or give will be used for the purpose of violating subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section; or

(E) Manufacture, sell, give, deliver, possess, or use an alcohol vaporizing device.

(2) For the purposes of this section, any condition induced as provided in subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section is an intoxicated condition.

(b) (1) This section does not apply to any person who commits any act described in this section pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe the act. (2) This section does not apply to the inhalation of anesthesia for a medical purpose or dental purpose.

(1) This section does not apply to any person who commits any act described in this section pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe the act.

(2) This section does not apply to the inhalation of anesthesia for a medical purpose or dental purpose.

(c) Upon conviction, a person who violates this section is guilty of a Class B misdemeanor.

(d) (1) As used in this section, "alcohol vaporizing device" means a device, a machine, an apparatus, or an appliance that is designed or marketed for the purpose of mixing ethyl alcohol with pure or diluted oxygen or any other gas to produce an alcoholic vapor that a person can breathe or inhale. (2) "Alcohol vaporizing device" does not include an inhaler, a nebulizer, an atomizer, or any other device that is designed and intended by the manufacturer to dispense either a substance prescribed by a licensed healthcare provider authorized by law to prescribe the substance or an over-the-counter medication approved under an over-the-counter drug monograph or a new drug application under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as it existed on January 1, 2009. (3) "Alcohol vaporizing device" includes an inhaler, a nebulizer, an atomizer, or any other device described in subdivision (d)(2) of this section if the inhaler, nebulizer, or atomizer is used for the purpose of inducing a condition of intoxication through breathing or inhalation.

(1) As used in this section, "alcohol vaporizing device" means a device, a machine, an apparatus, or an appliance that is designed or marketed for the purpose of mixing ethyl alcohol with pure or diluted oxygen or any other gas to produce an alcoholic vapor that a person can breathe or inhale.

(2) "Alcohol vaporizing device" does not include an inhaler, a nebulizer, an atomizer, or any other device that is designed and intended by the manufacturer to dispense either a substance prescribed by a licensed healthcare provider authorized by law to prescribe the substance or an over-the-counter medication approved under an over-the-counter drug monograph or a new drug application under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as it existed on January 1, 2009.

(3) "Alcohol vaporizing device" includes an inhaler, a nebulizer, an atomizer, or any other device described in subdivision (d)(2) of this section if the inhaler, nebulizer, or atomizer is used for the purpose of inducing a condition of intoxication through breathing or inhalation.

Acts 1969, No. 34, §§ 1-3; A.S.A. 1947, §§ 41-2963 -- 41-2965; Acts 2005, No. 1994, § 381; 2009, No. 466, § 1.
Ark. Code Ann. § 5-64-202 — AR Code / Title 5 / Chapter 64 / Subchapter 2 / Section 5-64-202
Nomenclature
Status: in_force

A controlled substance listed or to be listed in a schedule shall be included by whatever official, common, usual chemical, or trade name designated. Acts 1971, No. 590, Art. 2, § 2; 1973, No. 186, § 1; 1979, No. 898, § 4; A.S.A. 1947, § 82-2603.

A controlled substance listed or to be listed in a schedule shall be included by whatever official, common, usual chemical, or trade name designated.

Acts 1971, No. 590, Art. 2, § 2; 1973, No. 186, § 1; 1979, No. 898, § 4; A.S.A. 1947, § 82-2603.
Ark. Code Ann. § 5-68-414 — AR Code / Title 5 / Chapter 68 / Subchapter 4 / Section 5-68-414
Extradition
Status: in_force

In any case in which a circuit court has entered its judgment, pursuant to § 5-68-411 , that the mailable matter in question is obscene, and a charge of continuing violation is brought against a person that, being a respondent to the judgment, cannot be found in this state, the Governor shall demand the person's extradition from the executive authority of the state where the person may be found pursuant to the laws of this state unless the person has appealed from the judgment and the appeal has not been finally determined. Acts 1961, No. 261, § 14; A.S.A. 1947, § 41-3575.

In any case in which a circuit court has entered its judgment, pursuant to § 5-68-411 , that the mailable matter in question is obscene, and a charge of continuing violation is brought against a person that, being a respondent to the judgment, cannot be found in this state, the Governor shall demand the person's extradition from the executive authority of the state where the person may be found pursuant to the laws of this state unless the person has appealed from the judgment and the appeal has not been finally determined.

Acts 1961, No. 261, § 14; A.S.A. 1947, § 41-3575.
Ark. Code Ann. § 5-38-214 — AR Code / Title 5 / Chapter 38 / Subchapter 2 / Section 5-38-214
Willful removal or destruction of landmarks established by legal survey
Status: in_force

(a) Any person who willfully cuts down, destroys, defaces, removes, or carries off any witness tree, monument, or other landmark established by legal survey and used to delineate a boundary line is guilty of a Class A misdemeanor. (b) Furthermore, in any civil suit involving damages to property arising from the removal or destruction of a marker established by a legal survey, the complaining party is entitled to recover three (3) times the damages. Acts 1963, No. 247, § 1; 1977, No. 807, § 7; A.S.A. 1947, § 41-1976; Acts 2005, No. 1994, § 348.

(a) Any person who willfully cuts down, destroys, defaces, removes, or carries off any witness tree, monument, or other landmark established by legal survey and used to delineate a boundary line is guilty of a Class A misdemeanor.

(b) Furthermore, in any civil suit involving damages to property arising from the removal or destruction of a marker established by a legal survey, the complaining party is entitled to recover three (3) times the damages.

Acts 1963, No. 247, § 1; 1977, No. 807, § 7; A.S.A. 1947, § 41-1976; Acts 2005, No. 1994, § 348.
Ark. Code Ann. § 5-11-102 — AR Code / Title 5 / Chapter 11 / Section 5-11-102
Kidnapping
Status: in_force

(a) A person commits the offense of kidnapping if, without consent, the person restrains another person so as to interfere substantially with the other person's liberty with the purpose of: (1) Holding the other person for: (A) Ransom or reward; or (B) Any other act to be performed or not performed for the other person's return or release; (2) Using the other person as a shield or hostage; (3) Facilitating the commission of any felony or flight after the felony; (4) Inflicting physical injury upon the other person; (5) Engaging in sexual intercourse, deviate sexual activity, or sexual contact with the other person; (6) Terrorizing the other person or another person; or (7) Interfering with the performance of any governmental or political function. (b) (1) Kidnapping is a Class Y felony. (2) However, kidnapping is a Class B felony if the defendant shows by a preponderance of the evidence that he or she or an accomplice voluntarily released the person restrained alive and in a safe place prior to trial. Acts 1975, No. 280, § 1702; 1977, No. 474, § 15; 1981, No. 620, § 11; A.S.A. 1947, § 41-1702.

(a) A person commits the offense of kidnapping if, without consent, the person restrains another person so as to interfere substantially with the other person's liberty with the purpose of: (1) Holding the other person for: (A) Ransom or reward; or (B) Any other act to be performed or not performed for the other person's return or release; (2) Using the other person as a shield or hostage; (3) Facilitating the commission of any felony or flight after the felony; (4) Inflicting physical injury upon the other person; (5) Engaging in sexual intercourse, deviate sexual activity, or sexual contact with the other person; (6) Terrorizing the other person or another person; or (7) Interfering with the performance of any governmental or political function.

(1) Holding the other person for: (A) Ransom or reward; or (B) Any other act to be performed or not performed for the other person's return or release;

(A) Ransom or reward; or

(B) Any other act to be performed or not performed for the other person's return or release;

(2) Using the other person as a shield or hostage;

(3) Facilitating the commission of any felony or flight after the felony;

(4) Inflicting physical injury upon the other person;

(5) Engaging in sexual intercourse, deviate sexual activity, or sexual contact with the other person;

(6) Terrorizing the other person or another person; or

(7) Interfering with the performance of any governmental or political function.

(b) (1) Kidnapping is a Class Y felony. (2) However, kidnapping is a Class B felony if the defendant shows by a preponderance of the evidence that he or she or an accomplice voluntarily released the person restrained alive and in a safe place prior to trial.

(1) Kidnapping is a Class Y felony.

(2) However, kidnapping is a Class B felony if the defendant shows by a preponderance of the evidence that he or she or an accomplice voluntarily released the person restrained alive and in a safe place prior to trial.

Acts 1975, No. 280, § 1702; 1977, No. 474, § 15; 1981, No. 620, § 11; A.S.A. 1947, § 41-1702.
Ark. Code Ann. § 5-63-302 — AR Code / Title 5 / Chapter 63 / Subchapter 3 / Section 5-63-302
Debt adjusting - Prohibition
Status: in_force

(a) A person shall not engage in, or offer to or attempt to engage in, the business or practice of debt adjusting in this state. (b) A violation of subsection (a) of this section is a Class A misdemeanor. Amended by Act 2015, No. 1263,§ 17, eff. 7/22/2015. Acts 1967, No. 61, § 2; A.S.A. 1947, § 41-4158.

(a) A person shall not engage in, or offer to or attempt to engage in, the business or practice of debt adjusting in this state.

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

Amended by Act 2015, No. 1263,§ 17, eff. 7/22/2015.

Acts 1967, No. 61, § 2; A.S.A. 1947, § 41-4158.
Ark. Code Ann. § 5-65-106 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-106
Impoundment of license plate
Status: in_force

(a) When a law enforcement officer arrests a person for operating a motor vehicle while that person's driving privilege has been suspended or revoked under the laws of any state due to the person's having previously been found guilty or having pleaded guilty or nolo contendere to violating § 5-65-103 and if the motor vehicle operated by the person is owned in whole or part by the person, the motor vehicle license plate shall be impounded by the law enforcement officer for no less than ninety (90) days. (b) If the court determines it is in the best interest of the dependents of the person, the court shall instruct the Secretary of the Department of Finance and Administration to issue a temporary substitute motor vehicle license plate for the motor vehicle, and the temporary substitute motor vehicle license plate shall indicate that the original motor vehicle license plate has been impounded. Amended by Act 2019, No. 910,§ 3359, eff. 7/1/2019. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Acts 1983, No. 549, § 15; A.S.A. 1947, § 75-2513.

(a) When a law enforcement officer arrests a person for operating a motor vehicle while that person's driving privilege has been suspended or revoked under the laws of any state due to the person's having previously been found guilty or having pleaded guilty or nolo contendere to violating § 5-65-103 and if the motor vehicle operated by the person is owned in whole or part by the person, the motor vehicle license plate shall be impounded by the law enforcement officer for no less than ninety (90) days.

(b) If the court determines it is in the best interest of the dependents of the person, the court shall instruct the Secretary of the Department of Finance and Administration to issue a temporary substitute motor vehicle license plate for the motor vehicle, and the temporary substitute motor vehicle license plate shall indicate that the original motor vehicle license plate has been impounded.

Amended by Act 2019, No. 910,§ 3359, eff. 7/1/2019.

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

Acts 1983, No. 549, § 15; A.S.A. 1947, § 75-2513.
Ark. Code Ann. § 5-4-403 — AR Code / Title 5 / Chapter 4 / Subchapter 4 / Section 5-4-403
Multiple sentences - Concurrent and consecutive terms
Status: in_force

(a) Except as provided in subsections (c) and (e) of this section, when multiple sentences of imprisonment are imposed on a defendant convicted of more than one (1) offense, including an offense for which a previous suspension or probation has been revoked, the sentences shall run concurrently unless, upon recommendation of the jury or the court's own motion, the court orders the sentences to run consecutively. (b) When a sentence of imprisonment is imposed on a defendant who has previously been sentenced to imprisonment, whether by a court of this state, a court of another state, or a federal court, the subsequent sentence shall run concurrently with any undischarged portion of the previous sentence unless, upon recommendation of the jury or the court's own motion, the court imposing the subsequent sentence orders it to run consecutively with the previous sentence. (c) The power of the court to order that sentences run consecutively is subject to the following limitations: (1) A sentence of imprisonment for a misdemeanor and a sentence of imprisonment for a felony shall run concurrently, and both sentences are satisfied by service of sentence for a felony; and (2) The aggregate of consecutive terms for misdemeanors shall not exceed one (1) year. (d) The court is not bound by a recommendation of the jury concerning a sentencing option under this section. (e) (1) If a defendant is sentenced to an additional term of imprisonment due to a sentence enhancement and the statute governing the sentence enhancement provides that the sentence enhancement shall run consecutively, the sentence enhancement shall run consecutively to the sentence imposed for the underlying offense. (2) If a defendant is convicted of a felony for an offense committed while serving a term of imprisonment at a facility operated or contracted by the Division of Correction or the Division of Community Correction, the sentence for the offense committed while serving the term of imprisonment shall run consecutively to the sentence for which the defendant was serving the term of imprisonment. (3) If a defendant is convicted of a felony for an offense committed while on post-release supervision, the sentence for the offense committed while on post-release supervision shall run consecutively to the sentence for which the defendant was subject to post-release supervision. Amended by Act 2023, No. 659,§ 15, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 14, eff. 1/1/2024. Acts 1975, No. 280, § 903; A.S.A. 1947, § 41-903; Acts 2001, No. 1644, § 1.

(a) Except as provided in subsections (c) and (e) of this section, when multiple sentences of imprisonment are imposed on a defendant convicted of more than one (1) offense, including an offense for which a previous suspension or probation has been revoked, the sentences shall run concurrently unless, upon recommendation of the jury or the court's own motion, the court orders the sentences to run consecutively.

(b) When a sentence of imprisonment is imposed on a defendant who has previously been sentenced to imprisonment, whether by a court of this state, a court of another state, or a federal court, the subsequent sentence shall run concurrently with any undischarged portion of the previous sentence unless, upon recommendation of the jury or the court's own motion, the court imposing the subsequent sentence orders it to run consecutively with the previous sentence.

(c) The power of the court to order that sentences run consecutively is subject to the following limitations: (1) A sentence of imprisonment for a misdemeanor and a sentence of imprisonment for a felony shall run concurrently, and both sentences are satisfied by service of sentence for a felony; and (2) The aggregate of consecutive terms for misdemeanors shall not exceed one (1) year.

(1) A sentence of imprisonment for a misdemeanor and a sentence of imprisonment for a felony shall run concurrently, and both sentences are satisfied by service of sentence for a felony; and

(2) The aggregate of consecutive terms for misdemeanors shall not exceed one (1) year.

(d) The court is not bound by a recommendation of the jury concerning a sentencing option under this section.

(e) (1) If a defendant is sentenced to an additional term of imprisonment due to a sentence enhancement and the statute governing the sentence enhancement provides that the sentence enhancement shall run consecutively, the sentence enhancement shall run consecutively to the sentence imposed for the underlying offense. (2) If a defendant is convicted of a felony for an offense committed while serving a term of imprisonment at a facility operated or contracted by the Division of Correction or the Division of Community Correction, the sentence for the offense committed while serving the term of imprisonment shall run consecutively to the sentence for which the defendant was serving the term of imprisonment. (3) If a defendant is convicted of a felony for an offense committed while on post-release supervision, the sentence for the offense committed while on post-release supervision shall run consecutively to the sentence for which the defendant was subject to post-release supervision.

(1) If a defendant is sentenced to an additional term of imprisonment due to a sentence enhancement and the statute governing the sentence enhancement provides that the sentence enhancement shall run consecutively, the sentence enhancement shall run consecutively to the sentence imposed for the underlying offense.

(2) If a defendant is convicted of a felony for an offense committed while serving a term of imprisonment at a facility operated or contracted by the Division of Correction or the Division of Community Correction, the sentence for the offense committed while serving the term of imprisonment shall run consecutively to the sentence for which the defendant was serving the term of imprisonment.

(3) If a defendant is convicted of a felony for an offense committed while on post-release supervision, the sentence for the offense committed while on post-release supervision shall run consecutively to the sentence for which the defendant was subject to post-release supervision.

Amended by Act 2023, No. 659,§ 15, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 14, eff. 1/1/2024.

Acts 1975, No. 280, § 903; A.S.A. 1947, § 41-903; Acts 2001, No. 1644, § 1.
Ark. Code Ann. § 5-27-206 — AR Code / Title 5 / Chapter 27 / Subchapter 2 / Section 5-27-206
Endangering the welfare of a minor in the second degree
Status: in_force

(a) (1) A person commits the offense of endangering the welfare of a minor in the second degree if he or she knowingly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of another person known by the person to be a minor. (2) As used in this section, "serious harm to the physical or mental welfare" means physical or mental injury that causes: (A) Protracted disfigurement; (B) Protracted impairment of physical or mental health; or (C) Loss or protracted impairment of the function of any bodily member or organ. (b) Endangering the welfare of a minor in the second degree is a Class A misdemeanor. Acts 1975, No. 280, § 2408; A.S.A. 1947, § 41-2408; Acts 2005, No. 2207, § 2.

(a) (1) A person commits the offense of endangering the welfare of a minor in the second degree if he or she knowingly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of another person known by the person to be a minor. (2) As used in this section, "serious harm to the physical or mental welfare" means physical or mental injury that causes: (A) Protracted disfigurement; (B) Protracted impairment of physical or mental health; or (C) Loss or protracted impairment of the function of any bodily member or organ.

(1) A person commits the offense of endangering the welfare of a minor in the second degree if he or she knowingly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of another person known by the person to be a minor.

(2) As used in this section, "serious harm to the physical or mental welfare" means physical or mental injury that causes: (A) Protracted disfigurement; (B) Protracted impairment of physical or mental health; or (C) Loss or protracted impairment of the function of any bodily member or organ.

(A) Protracted disfigurement;

(B) Protracted impairment of physical or mental health; or

(C) Loss or protracted impairment of the function of any bodily member or organ.

(b) Endangering the welfare of a minor in the second degree is a Class A misdemeanor.

Acts 1975, No. 280, § 2408; A.S.A. 1947, § 41-2408; Acts 2005, No. 2207, § 2.
Ark. Code Ann. § 5-39-204 — AR Code / Title 5 / Chapter 39 / Subchapter 2 / Section 5-39-204
Aggravated residential burglary
Status: in_force

(a) A person commits aggravated residential burglary if he or she commits residential burglary as defined in § 5-39-201 of a residential occupiable structure, and either: (1) The residential occupiable structure is occupied by another person; or (2) He or she is armed with a deadly weapon or represents by word or conduct that he or she is armed with a deadly weapon. (b) Aggravated residential burglary is a: (1) Class Y felony if: (A) Committed under subdivision (a)(2) of this section; or (B) The person causes or attempts to cause death or serious physical injury to another person; or (2) Class A felony if otherwise committed. Amended by Act 2023, No. 659,§ 38, eff. 1/1/2024. Acts 2007, No. 1608, § 1.

(a) A person commits aggravated residential burglary if he or she commits residential burglary as defined in § 5-39-201 of a residential occupiable structure, and either: (1) The residential occupiable structure is occupied by another person; or (2) He or she is armed with a deadly weapon or represents by word or conduct that he or she is armed with a deadly weapon.

(1) The residential occupiable structure is occupied by another person; or

(2) He or she is armed with a deadly weapon or represents by word or conduct that he or she is armed with a deadly weapon.

(b) Aggravated residential burglary is a: (1) Class Y felony if: (A) Committed under subdivision (a)(2) of this section; or (B) The person causes or attempts to cause death or serious physical injury to another person; or (2) Class A felony if otherwise committed.

(1) Class Y felony if: (A) Committed under subdivision (a)(2) of this section; or (B) The person causes or attempts to cause death or serious physical injury to another person; or

(A) Committed under subdivision (a)(2) of this section; or

(B) The person causes or attempts to cause death or serious physical injury to another person; or

(2) Class A felony if otherwise committed.

Amended by Act 2023, No. 659,§ 38, eff. 1/1/2024.

Acts 2007, No. 1608, § 1.