Ark. Code Ann. § 5-4-322 — AR Code / Title 5 / Chapter 4 / Subchapter 3 / Section 5-4-322
District court or city court - Probation - Fees and fines authorized
Status: in_force

(a) (1) A district court or city court may: (A) Place a defendant on probation or sentence him or her to public service work; and (B) As a condition of its order, require the defendant to pay a: (i) Fine in one (1) or several sums; and (ii) Probation fee or a public service work supervisory fee in an amount to be established by the district court or city court. (2) (A) The broad objective of probation is to educate and rehabilitate a person placed on probation. (B) A condition for probation shall bear a reasonable relationship to the offense committed or to future criminality and be reasonably necessary to assist the defendant in leading a law-abiding life. (3) (A) A condition of probation shall be closely monitored and supervised by the district court or city court or by a probation officer. (B) The district court or city court shall determine if a condition of probation is in compliance with the provisions of subdivision (a)(2) of this section. (b) (1) This section regarding probation and probation fees does not apply when the defendant is charged with violating the Omnibus DWI or BWI Act, § 5-65-101 et seq., or the Underage DUI or BUI Law, § 5-65-301 et seq. (2) When the defendant is charged with violating the Omnibus DWI or BWI Act, § 5-65-101 et seq., the district court may require the defendant to pay a public service work supervisory fee in an amount to be established by it if the district court orders public service in lieu of jail under § 5-65-111 . (3) When the defendant is charged with violating the Underage DUI or BUI Law, § 5-65-301 et seq., the district court may require the defendant to pay a public service work supervisory fee in an amount to be established by it for any public service work ordered by the district court. (c) This section is supplemental to any other law allowing a district court or city court to attach a condition on an order of probation. (d) (1) Except as provided in subsection (e) of this section, no district court or city court may impose a probation fee in any case in which the only sentence available is a monetary fine, court costs, or if applicable, restitution. (2) In a case described in subdivision (d)(1) of this section, a defendant may be given time to make the payments, and the installment payment fee in § 16-13-704 is the only fee authorized for administering those accounts. (3) If the sentence available includes imprisonment, probation and probation fees may be ordered in lieu of imprisonment. (e) If a fine is an authorized sentence, the fine may be suspended and probation and a probation fee may be ordered in lieu of the fine. (f) (1) A probation fee shall be collected in full for each month in which a defendant is on probation. (2) The probation fee shall accrue for each month that a defendant does not make a payment and the defendant remains on probation as ordered by the district court or city court. Amended by Act 2015, No. 299,§ 3, eff. 7/22/2015. Acts 1991, No. 190, § 1; 1993, No. 777, § 1; 2001, No. 1809, § 4; 2003, No. 1765, § 2; 2005, No. 2239, § 1.

(a) (1) A district court or city court may: (A) Place a defendant on probation or sentence him or her to public service work; and (B) As a condition of its order, require the defendant to pay a: (i) Fine in one (1) or several sums; and (ii) Probation fee or a public service work supervisory fee in an amount to be established by the district court or city court. (2) (A) The broad objective of probation is to educate and rehabilitate a person placed on probation. (B) A condition for probation shall bear a reasonable relationship to the offense committed or to future criminality and be reasonably necessary to assist the defendant in leading a law-abiding life. (3) (A) A condition of probation shall be closely monitored and supervised by the district court or city court or by a probation officer. (B) The district court or city court shall determine if a condition of probation is in compliance with the provisions of subdivision (a)(2) of this section.

(1) A district court or city court may: (A) Place a defendant on probation or sentence him or her to public service work; and (B) As a condition of its order, require the defendant to pay a: (i) Fine in one (1) or several sums; and (ii) Probation fee or a public service work supervisory fee in an amount to be established by the district court or city court.

(A) Place a defendant on probation or sentence him or her to public service work; and

(B) As a condition of its order, require the defendant to pay a: (i) Fine in one (1) or several sums; and (ii) Probation fee or a public service work supervisory fee in an amount to be established by the district court or city court.

(i) Fine in one (1) or several sums; and

(ii) Probation fee or a public service work supervisory fee in an amount to be established by the district court or city court.

(2) (A) The broad objective of probation is to educate and rehabilitate a person placed on probation. (B) A condition for probation shall bear a reasonable relationship to the offense committed or to future criminality and be reasonably necessary to assist the defendant in leading a law-abiding life.

(A) The broad objective of probation is to educate and rehabilitate a person placed on probation.

(B) A condition for probation shall bear a reasonable relationship to the offense committed or to future criminality and be reasonably necessary to assist the defendant in leading a law-abiding life.

(3) (A) A condition of probation shall be closely monitored and supervised by the district court or city court or by a probation officer. (B) The district court or city court shall determine if a condition of probation is in compliance with the provisions of subdivision (a)(2) of this section.

(A) A condition of probation shall be closely monitored and supervised by the district court or city court or by a probation officer.

(B) The district court or city court shall determine if a condition of probation is in compliance with the provisions of subdivision (a)(2) of this section.

(b) (1) This section regarding probation and probation fees does not apply when the defendant is charged with violating the Omnibus DWI or BWI Act, § 5-65-101 et seq., or the Underage DUI or BUI Law, § 5-65-301 et seq. (2) When the defendant is charged with violating the Omnibus DWI or BWI Act, § 5-65-101 et seq., the district court may require the defendant to pay a public service work supervisory fee in an amount to be established by it if the district court orders public service in lieu of jail under § 5-65-111 . (3) When the defendant is charged with violating the Underage DUI or BUI Law, § 5-65-301 et seq., the district court may require the defendant to pay a public service work supervisory fee in an amount to be established by it for any public service work ordered by the district court.

(1) This section regarding probation and probation fees does not apply when the defendant is charged with violating the Omnibus DWI or BWI Act, § 5-65-101 et seq., or the Underage DUI or BUI Law, § 5-65-301 et seq.

(2) When the defendant is charged with violating the Omnibus DWI or BWI Act, § 5-65-101 et seq., the district court may require the defendant to pay a public service work supervisory fee in an amount to be established by it if the district court orders public service in lieu of jail under § 5-65-111 .

(3) When the defendant is charged with violating the Underage DUI or BUI Law, § 5-65-301 et seq., the district court may require the defendant to pay a public service work supervisory fee in an amount to be established by it for any public service work ordered by the district court.

(c) This section is supplemental to any other law allowing a district court or city court to attach a condition on an order of probation.

(d) (1) Except as provided in subsection (e) of this section, no district court or city court may impose a probation fee in any case in which the only sentence available is a monetary fine, court costs, or if applicable, restitution. (2) In a case described in subdivision (d)(1) of this section, a defendant may be given time to make the payments, and the installment payment fee in § 16-13-704 is the only fee authorized for administering those accounts. (3) If the sentence available includes imprisonment, probation and probation fees may be ordered in lieu of imprisonment.

(1) Except as provided in subsection (e) of this section, no district court or city court may impose a probation fee in any case in which the only sentence available is a monetary fine, court costs, or if applicable, restitution.

(2) In a case described in subdivision (d)(1) of this section, a defendant may be given time to make the payments, and the installment payment fee in § 16-13-704 is the only fee authorized for administering those accounts.

(3) If the sentence available includes imprisonment, probation and probation fees may be ordered in lieu of imprisonment.

(e) If a fine is an authorized sentence, the fine may be suspended and probation and a probation fee may be ordered in lieu of the fine.

(f) (1) A probation fee shall be collected in full for each month in which a defendant is on probation. (2) The probation fee shall accrue for each month that a defendant does not make a payment and the defendant remains on probation as ordered by the district court or city court.

(1) A probation fee shall be collected in full for each month in which a defendant is on probation.

(2) The probation fee shall accrue for each month that a defendant does not make a payment and the defendant remains on probation as ordered by the district court or city court.

Amended by Act 2015, No. 299,§ 3, eff. 7/22/2015.

Acts 1991, No. 190, § 1; 1993, No. 777, § 1; 2001, No. 1809, § 4; 2003, No. 1765, § 2; 2005, No. 2239, § 1.
Ark. Code Ann. § 5-72-107 — AR Code / Title 5 / Chapter 72 / Section 5-72-107
Keeping dams sufficiently open
Status: in_force

(a) Any person owning, operating, or controlling any dam or other obstruction across any river, creek, or other stream in this state shall at all times keep the dam or other obstruction open so as to permit a flow of water sufficient to maintain fish life in the stream below the dam or other obstruction. (b) Any person violating a provision of this section is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). Acts 1927, No. 158, §§ 1, 2; Pope's Dig., §§ 3667, 3668, 5975, 5976, 14491, 14492; A.S.A. 1947, §§ 41-4053, 41-4054; Acts 2005, No. 1994, § 469.

(a) Any person owning, operating, or controlling any dam or other obstruction across any river, creek, or other stream in this state shall at all times keep the dam or other obstruction open so as to permit a flow of water sufficient to maintain fish life in the stream below the dam or other obstruction.

(b) Any person violating a provision of this section is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).

Acts 1927, No. 158, §§ 1, 2; Pope's Dig., §§ 3667, 3668, 5975, 5976, 14491, 14492; A.S.A. 1947, §§ 41-4053, 41-4054; Acts 2005, No. 1994, § 469.
Ark. Code Ann. § 5-39-301 — AR Code / Title 5 / Chapter 39 / Subchapter 3 / Section 5-39-301
Leaving open enclosure of another
Status: in_force

A person is guilty of a Class A misdemeanor if he or she pulls down or breaks a fence or opens a gate and fails to close the gate of a farm, plantation, or other enclosed ground of another person. Acts 1875, No. 33, § 1, p. 90; C. & M. Dig., §§ 2532, 4816; Pope's Dig., §§ 3181, 5917; Acts 1941, No. 314, §§ 1, 2; 1975, No. 197, § 1; 1985, No. 1070, § 1; A.S.A. 1947, § 41-2054; Acts 1999, No. 1029, § 1.

A person is guilty of a Class A misdemeanor if he or she pulls down or breaks a fence or opens a gate and fails to close the gate of a farm, plantation, or other enclosed ground of another person.

Acts 1875, No. 33, § 1, p. 90; C. & M. Dig., §§ 2532, 4816; Pope's Dig., §§ 3181, 5917; Acts 1941, No. 314, §§ 1, 2; 1975, No. 197, § 1; 1985, No. 1070, § 1; A.S.A. 1947, § 41-2054; Acts 1999, No. 1029, § 1.
Ark. Code Ann. § 5-64-438 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-438
Delivery of a Schedule VI controlled substance
Status: in_force

(a) Except as provided by this chapter, it is unlawful for a person to deliver a Schedule VI controlled substance. (b) (1) A person who delivers fourteen grams (14g) or less by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a: (A) Class A misdemeanor; or (B) Class D felony if he or she has four (4) or more prior convictions for delivery of a controlled substance in any amount under this subchapter or under the former § 5-64-401 . (2) A person who delivers more than fourteen grams (14g) but less than four ounces (4 oz.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class D felony. (3) A person who delivers four ounces (4 oz.) or more but less than twenty-five pounds (25 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class C felony. (4) A person who delivers twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class B felony. (5) A person who delivers one hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class A felony. Amended by Act 2013, No. 530,§ 1, eff. 8/16/2013. Acts 2011, No. 570, § 58.

(a) Except as provided by this chapter, it is unlawful for a person to deliver a Schedule VI controlled substance.

(b) (1) A person who delivers fourteen grams (14g) or less by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a: (A) Class A misdemeanor; or (B) Class D felony if he or she has four (4) or more prior convictions for delivery of a controlled substance in any amount under this subchapter or under the former § 5-64-401 . (2) A person who delivers more than fourteen grams (14g) but less than four ounces (4 oz.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class D felony. (3) A person who delivers four ounces (4 oz.) or more but less than twenty-five pounds (25 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class C felony. (4) A person who delivers twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class B felony. (5) A person who delivers one hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class A felony.

(1) A person who delivers fourteen grams (14g) or less by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a: (A) Class A misdemeanor; or (B) Class D felony if he or she has four (4) or more prior convictions for delivery of a controlled substance in any amount under this subchapter or under the former § 5-64-401 .

(A) Class A misdemeanor; or

(B) Class D felony if he or she has four (4) or more prior convictions for delivery of a controlled substance in any amount under this subchapter or under the former § 5-64-401 .

(2) A person who delivers more than fourteen grams (14g) but less than four ounces (4 oz.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class D felony.

(3) A person who delivers four ounces (4 oz.) or more but less than twenty-five pounds (25 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class C felony.

(4) A person who delivers twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class B felony.

(5) A person who delivers one hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class A felony.

Amended by Act 2013, No. 530,§ 1, eff. 8/16/2013.

Acts 2011, No. 570, § 58.
Ark. Code Ann. § 5-39-212 — AR Code / Title 5 / Chapter 39 / Subchapter 2 / Section 5-39-212
Cemeteries - Access - Debris - Disturbance
Status: in_force

(a) (1) It is unlawful for any person, firm, corporation, partnership, or association to construct any fence on any property in such a manner as to enclose any cemetery, graveyard, or burying place unless reasonable access by automobile to the cemetery is provided by gate or otherwise. (2) As used in this subsection, "cemetery" is not intended to apply to any private family burial plot that: (A) Contains fewer than six (6) commercial grave markers; (B) Has not been used for a burial purpose for at least twenty-five (25) years; and (C) Has not had an access road to the burial plot for at least thirty (30) years. (3) Nothing in this section prohibits the placement of a fence around any cemetery for the purpose of defining a boundary or protection of a grave site, if any fence or gate is sufficiently maintained. (b) (1) Any person, firm, corporation, partnership, or association violating any provision of this section is guilty of a violation and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than one hundred dollars ($100). (2) Every day that the violation exists is a separate offense. Acts 1955, No. 108, §§ 1-3; 1983, No. 742, § 1; A.S.A. 1947, §§ 41-1984 -- 41-1986; Acts 1995, No. 1317, § 1; 1997, No. 1244, § 3; 1997, No. 1286, § 1; 2005, No. 1994, § 48; 2005, No. 2232, § 2.

(a) (1) It is unlawful for any person, firm, corporation, partnership, or association to construct any fence on any property in such a manner as to enclose any cemetery, graveyard, or burying place unless reasonable access by automobile to the cemetery is provided by gate or otherwise. (2) As used in this subsection, "cemetery" is not intended to apply to any private family burial plot that: (A) Contains fewer than six (6) commercial grave markers; (B) Has not been used for a burial purpose for at least twenty-five (25) years; and (C) Has not had an access road to the burial plot for at least thirty (30) years. (3) Nothing in this section prohibits the placement of a fence around any cemetery for the purpose of defining a boundary or protection of a grave site, if any fence or gate is sufficiently maintained.

(1) It is unlawful for any person, firm, corporation, partnership, or association to construct any fence on any property in such a manner as to enclose any cemetery, graveyard, or burying place unless reasonable access by automobile to the cemetery is provided by gate or otherwise.

(2) As used in this subsection, "cemetery" is not intended to apply to any private family burial plot that: (A) Contains fewer than six (6) commercial grave markers; (B) Has not been used for a burial purpose for at least twenty-five (25) years; and (C) Has not had an access road to the burial plot for at least thirty (30) years.

(A) Contains fewer than six (6) commercial grave markers;

(B) Has not been used for a burial purpose for at least twenty-five (25) years; and

(C) Has not had an access road to the burial plot for at least thirty (30) years.

(3) Nothing in this section prohibits the placement of a fence around any cemetery for the purpose of defining a boundary or protection of a grave site, if any fence or gate is sufficiently maintained.

(b) (1) Any person, firm, corporation, partnership, or association violating any provision of this section is guilty of a violation and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than one hundred dollars ($100). (2) Every day that the violation exists is a separate offense.

(1) Any person, firm, corporation, partnership, or association violating any provision of this section is guilty of a violation and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than one hundred dollars ($100).

(2) Every day that the violation exists is a separate offense.

Acts 1955, No. 108, §§ 1-3; 1983, No. 742, § 1; A.S.A. 1947, §§ 41-1984 -- 41-1986; Acts 1995, No. 1317, § 1; 1997, No. 1244, § 3; 1997, No. 1286, § 1; 2005, No. 1994, § 48; 2005, No. 2232, § 2.
Ark. Code Ann. § 5-37-304 — AR Code / Title 5 / Chapter 37 / Subchapter 3 / Section 5-37-304
Evidence against maker or drawer
Status: in_force

(a) For purposes of this section, it is prima facie evidence that the maker or drawer intended to defraud and knew at the time of the making, drawing, uttering, or delivering that the check, draft, order, or other form of presentment involving transmission of account information would not be honored if: (1) The maker or drawer had no account with the drawee at the time the check, draft, order, or other form of presentment involving transmission of account information was made, drawn, uttered, or delivered; (2) The check, draft, order, or other form of presentment involving transmission of account information bears the endorsement or stamp of a collecting bank indicating that the instrument or transmission was returned or otherwise dishonored because of insufficient funds to cover the value; or (3) Payment was refused by the drawee for lack of funds, upon presentation within thirty (30) days after delivery, and the maker or drawer has not paid the holder the amount due, together with a service charge not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check, draft, order, or other form of presentment involving transmission of account information by a financial institution as a result of the check, draft, order, or other form of presentment involving transmission of account information not being honored, within ten (10) days after receiving written notice that payment was refused upon the check, draft, order, or other form of presentment involving transmission of account information. (b) (1) A prosecuting attorney may file charges immediately after the check, draft, order, or other form of presentment involving the transmission of account information has been returned. (2) The prosecuting attorney may collect restitution, including a service charge, not exceeding thirty dollars ($30.00) per check, draft, order, or other form of presentment involving the transmission of account information plus the amount of any fees charged to the holder of the check, draft, order, or other form of presentment involving the transmission of account information by a financial institution as a result of the check's, draft's, order's, or other forms of presentment involving the transmission of account information's not being honored, for the payees of the check, draft, order, or other form of presentment involving the transmission of account information. (c) The check, draft, order, or other form of presentment involving the transmission of account information bearing an "insufficient" stamp or "no account" stamp from the collecting bank or any other report or stamp from the collecting bank indicating that the check, draft, order, or other form of presentment involving the transmission of account information was dishonored or unable to be paid due to insufficient funds on deposit to cover the value of the check, draft, order, or other form of presentment involving the transmission of account information shall be received as evidence that there were insufficient funds or no account at trial in any court in this state. (d) Nothing in this section is deemed to abrogate a defendant's right of cross-examination of a banking official if notice of intention to cross-examine is given ten (10) days prior to the date of hearing or trial. Amended by Act 2013, No. 1125,§ 10, eff. 8/16/2013. Acts 1959, No. 241, § 4; 1981, No. 899, § 3; 1983, No. 473, § 1; A.S.A. 1947, § 67-722; Acts 1987, No. 678, § 1; 1992 (1st Ex. Sess.), No. 44, § 2; 1995, No. 335, § 3; 2001, No. 996, § 3; 2001, No. 1466, § 2; 2011, No. 1012, §§ 3, 4.

(a) For purposes of this section, it is prima facie evidence that the maker or drawer intended to defraud and knew at the time of the making, drawing, uttering, or delivering that the check, draft, order, or other form of presentment involving transmission of account information would not be honored if: (1) The maker or drawer had no account with the drawee at the time the check, draft, order, or other form of presentment involving transmission of account information was made, drawn, uttered, or delivered; (2) The check, draft, order, or other form of presentment involving transmission of account information bears the endorsement or stamp of a collecting bank indicating that the instrument or transmission was returned or otherwise dishonored because of insufficient funds to cover the value; or (3) Payment was refused by the drawee for lack of funds, upon presentation within thirty (30) days after delivery, and the maker or drawer has not paid the holder the amount due, together with a service charge not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check, draft, order, or other form of presentment involving transmission of account information by a financial institution as a result of the check, draft, order, or other form of presentment involving transmission of account information not being honored, within ten (10) days after receiving written notice that payment was refused upon the check, draft, order, or other form of presentment involving transmission of account information.

(1) The maker or drawer had no account with the drawee at the time the check, draft, order, or other form of presentment involving transmission of account information was made, drawn, uttered, or delivered;

(2) The check, draft, order, or other form of presentment involving transmission of account information bears the endorsement or stamp of a collecting bank indicating that the instrument or transmission was returned or otherwise dishonored because of insufficient funds to cover the value; or

(3) Payment was refused by the drawee for lack of funds, upon presentation within thirty (30) days after delivery, and the maker or drawer has not paid the holder the amount due, together with a service charge not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check, draft, order, or other form of presentment involving transmission of account information by a financial institution as a result of the check, draft, order, or other form of presentment involving transmission of account information not being honored, within ten (10) days after receiving written notice that payment was refused upon the check, draft, order, or other form of presentment involving transmission of account information.

(b) (1) A prosecuting attorney may file charges immediately after the check, draft, order, or other form of presentment involving the transmission of account information has been returned. (2) The prosecuting attorney may collect restitution, including a service charge, not exceeding thirty dollars ($30.00) per check, draft, order, or other form of presentment involving the transmission of account information plus the amount of any fees charged to the holder of the check, draft, order, or other form of presentment involving the transmission of account information by a financial institution as a result of the check's, draft's, order's, or other forms of presentment involving the transmission of account information's not being honored, for the payees of the check, draft, order, or other form of presentment involving the transmission of account information.

(1) A prosecuting attorney may file charges immediately after the check, draft, order, or other form of presentment involving the transmission of account information has been returned.

(2) The prosecuting attorney may collect restitution, including a service charge, not exceeding thirty dollars ($30.00) per check, draft, order, or other form of presentment involving the transmission of account information plus the amount of any fees charged to the holder of the check, draft, order, or other form of presentment involving the transmission of account information by a financial institution as a result of the check's, draft's, order's, or other forms of presentment involving the transmission of account information's not being honored, for the payees of the check, draft, order, or other form of presentment involving the transmission of account information.

(c) The check, draft, order, or other form of presentment involving the transmission of account information bearing an "insufficient" stamp or "no account" stamp from the collecting bank or any other report or stamp from the collecting bank indicating that the check, draft, order, or other form of presentment involving the transmission of account information was dishonored or unable to be paid due to insufficient funds on deposit to cover the value of the check, draft, order, or other form of presentment involving the transmission of account information shall be received as evidence that there were insufficient funds or no account at trial in any court in this state.

(d) Nothing in this section is deemed to abrogate a defendant's right of cross-examination of a banking official if notice of intention to cross-examine is given ten (10) days prior to the date of hearing or trial.

Amended by Act 2013, No. 1125,§ 10, eff. 8/16/2013.

Acts 1959, No. 241, § 4; 1981, No. 899, § 3; 1983, No. 473, § 1; A.S.A. 1947, § 67-722; Acts 1987, No. 678, § 1; 1992 (1st Ex. Sess.), No. 44, § 2; 1995, No. 335, § 3; 2001, No. 996, § 3; 2001, No. 1466, § 2; 2011, No. 1012, §§ 3, 4.
Ark. Code Ann. § 5-60-114 — AR Code / Title 5 / Chapter 60 / Subchapter 1 / Section 5-60-114
Open shafts or wells
Status: in_force

(a) It is unlawful for any corporation, company, individual person, or association of persons to leave any shaft, well, or other opening uncovered on any unenclosed land. (b) Any corporation, company, individual person, or association of persons who digs any shaft, well, or other opening, whether for the purpose of mining or other purpose, is required to securely enclose the opening or cover the opening and keep it covered with strong and sufficient covering. (c) Any corporation, company, individual, person, or association of persons who violates a provision of this section is guilty of a violation and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for any such offense and is liable to anyone who may lose any stock by the opening for two (2) times the appraised value of the stock. Acts 1901, No. 167, §§ 1, 2, p. 320; 1905, No. 119, § 1, p. 312; C. & M. Dig., §§ 375, 376; Pope's Dig., §§ 399, 400; A.S.A. 1947, §§ 41-2951, 41-2952; Acts 2005, No. 1994, § 52.

(a) It is unlawful for any corporation, company, individual person, or association of persons to leave any shaft, well, or other opening uncovered on any unenclosed land.

(b) Any corporation, company, individual person, or association of persons who digs any shaft, well, or other opening, whether for the purpose of mining or other purpose, is required to securely enclose the opening or cover the opening and keep it covered with strong and sufficient covering.

(c) Any corporation, company, individual, person, or association of persons who violates a provision of this section is guilty of a violation and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for any such offense and is liable to anyone who may lose any stock by the opening for two (2) times the appraised value of the stock.

Acts 1901, No. 167, §§ 1, 2, p. 320; 1905, No. 119, § 1, p. 312; C. & M. Dig., §§ 375, 376; Pope's Dig., §§ 399, 400; A.S.A. 1947, §§ 41-2951, 41-2952; Acts 2005, No. 1994, § 52.
Ark. Code Ann. § 5-4-103 — AR Code / Title 5 / Chapter 4 / Subchapter 1 / Section 5-4-103
Sentencing - Role of jury and court
Status: in_force

(a) If a defendant is charged with a felony and is found guilty of an offense by a jury, the jury shall fix punishment in a separate proceeding as authorized by this chapter. (b) Except as provided by §§ 5-4-601 - 5-4-605 , 5-4-607 , and 5-4-608 , the court shall fix punishment as authorized by this chapter in any case in which: (1) The defendant pleads guilty to an offense; (2) The defendant's guilt is tried by the court; (3) The jury fails to agree on punishment; (4) The prosecution and the defense agree that the court may fix punishment; or (5) A jury sentence is found by the trial court or an appellate court to be in excess of the punishment authorized by law. Acts 1975, No. 280, § 802; A.S.A. 1947, § 41-802; Acts 1993, No. 535, § 1; 1993, No. 551, § 1.

(a) If a defendant is charged with a felony and is found guilty of an offense by a jury, the jury shall fix punishment in a separate proceeding as authorized by this chapter.

(b) Except as provided by §§ 5-4-601 - 5-4-605 , 5-4-607 , and 5-4-608 , the court shall fix punishment as authorized by this chapter in any case in which: (1) The defendant pleads guilty to an offense; (2) The defendant's guilt is tried by the court; (3) The jury fails to agree on punishment; (4) The prosecution and the defense agree that the court may fix punishment; or (5) A jury sentence is found by the trial court or an appellate court to be in excess of the punishment authorized by law.

(1) The defendant pleads guilty to an offense;

(2) The defendant's guilt is tried by the court;

(3) The jury fails to agree on punishment;

(4) The prosecution and the defense agree that the court may fix punishment; or

(5) A jury sentence is found by the trial court or an appellate court to be in excess of the punishment authorized by law.

Acts 1975, No. 280, § 802; A.S.A. 1947, § 41-802; Acts 1993, No. 535, § 1; 1993, No. 551, § 1.
Ark. Code Ann. § 5-60-120 — AR Code / Title 5 / Chapter 60 / Subchapter 1 / Section 5-60-120
Interception and recording
Status: in_force

(a) It is unlawful for a person to intercept a wire, landline, oral, telephonic communication, or wireless communication, and to record or possess a recording of the communication unless the person is a party to the communication or one (1) of the parties to the communication has given prior consent to the interception and recording. (b) Any violation of this section is a Class A misdemeanor. (c) (1) It is not unlawful for the act to be committed by a person acting under the color of law. (2) It is an exception to the application of subsection (a) of this section that an officer, employee, or agent of a public telephone utility or company that is licensed by a federal or state agency to provide wire or wireless telecommunication service to the public provides information, facilities, or technical assistance to a person acting under the color of law to intercept a wire, wireless, oral, or telephonic communication. (3) It is not unlawful under this section for an operator of a switchboard, or an officer, employee, or agent of any public telephone utility or telecommunications provider whose facilities are used in the transmission of a wire communication to intercept, disclose, or use that communication in the normal course of his or her employment while engaged in any activity which is a necessary incident to the rendition of his or her service or to the protection of the rights or property of the telecommunications provider or public telephone utility of the communication. (d) The provisions of this section do not apply to a: (1) Telecommunication service offered by a telecommunications provider or public telephone utility; or (2) Federal Communications Commission licensed amateur radio operator. (e) Nothing in this section shall be interpreted to prohibit or restrict a Federal Communications Commission licensed amateur radio operator or anyone operating a police scanner from intercepting a communication for pleasure. (f) Consistent with the provisions of 18 U.S.C. § 2703 , as it existed on January 1, 2003, the issuance of a court order for disclosure of a customer communication or record to a governmental entity requiring the information as part of an ongoing criminal investigation is not prohibited by the laws of this state. (g) Consistent with the provisions of 18 U.S.C. §§ 3122 - 3127 , as they existed on January 1, 2003, the issuance of a court order authorizing or approving the installation and use of a pen register or a trap-and-trace device as part of an ongoing criminal investigation is not prohibited by the laws of this state. Acts 1993, No. 1006, §§ 1-5; 2001, No. 1190, § 1; 2001, No. 1773, § 1; 2001, No. 1823, § 1; 2003, No. 1087, § 7.

(a) It is unlawful for a person to intercept a wire, landline, oral, telephonic communication, or wireless communication, and to record or possess a recording of the communication unless the person is a party to the communication or one (1) of the parties to the communication has given prior consent to the interception and recording.

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

(c) (1) It is not unlawful for the act to be committed by a person acting under the color of law. (2) It is an exception to the application of subsection (a) of this section that an officer, employee, or agent of a public telephone utility or company that is licensed by a federal or state agency to provide wire or wireless telecommunication service to the public provides information, facilities, or technical assistance to a person acting under the color of law to intercept a wire, wireless, oral, or telephonic communication. (3) It is not unlawful under this section for an operator of a switchboard, or an officer, employee, or agent of any public telephone utility or telecommunications provider whose facilities are used in the transmission of a wire communication to intercept, disclose, or use that communication in the normal course of his or her employment while engaged in any activity which is a necessary incident to the rendition of his or her service or to the protection of the rights or property of the telecommunications provider or public telephone utility of the communication.

(1) It is not unlawful for the act to be committed by a person acting under the color of law.

(2) It is an exception to the application of subsection (a) of this section that an officer, employee, or agent of a public telephone utility or company that is licensed by a federal or state agency to provide wire or wireless telecommunication service to the public provides information, facilities, or technical assistance to a person acting under the color of law to intercept a wire, wireless, oral, or telephonic communication.

(3) It is not unlawful under this section for an operator of a switchboard, or an officer, employee, or agent of any public telephone utility or telecommunications provider whose facilities are used in the transmission of a wire communication to intercept, disclose, or use that communication in the normal course of his or her employment while engaged in any activity which is a necessary incident to the rendition of his or her service or to the protection of the rights or property of the telecommunications provider or public telephone utility of the communication.

(d) The provisions of this section do not apply to a: (1) Telecommunication service offered by a telecommunications provider or public telephone utility; or (2) Federal Communications Commission licensed amateur radio operator.

(1) Telecommunication service offered by a telecommunications provider or public telephone utility; or

(2) Federal Communications Commission licensed amateur radio operator.

(e) Nothing in this section shall be interpreted to prohibit or restrict a Federal Communications Commission licensed amateur radio operator or anyone operating a police scanner from intercepting a communication for pleasure.

(f) Consistent with the provisions of 18 U.S.C. § 2703 , as it existed on January 1, 2003, the issuance of a court order for disclosure of a customer communication or record to a governmental entity requiring the information as part of an ongoing criminal investigation is not prohibited by the laws of this state.

(g) Consistent with the provisions of 18 U.S.C. §§ 3122 - 3127 , as they existed on January 1, 2003, the issuance of a court order authorizing or approving the installation and use of a pen register or a trap-and-trace device as part of an ongoing criminal investigation is not prohibited by the laws of this state.

Acts 1993, No. 1006, §§ 1-5; 2001, No. 1190, § 1; 2001, No. 1773, § 1; 2001, No. 1823, § 1; 2003, No. 1087, § 7.
Ark. Code Ann. § 5-65-122 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-122
[Repealed]
Status: repealed

Repealed by Act 2015, No. 299,§ 6, eff. 7/22/2015. Added by Act 2013, No. 1268,§ 3, eff. 8/16/2013.

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

Added by Act 2013, No. 1268,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 5-29-201 — AR Code / Title 5 / Chapter 29 / Subchapter 2 / Section 5-29-201
Title
Status: in_force

This subchapter shall be known and may cited as the "Vulnerable Person Protection Act". Added by Act 2023, No. 783,§ 1, eff. 8/1/2023.

This subchapter shall be known and may cited as the "Vulnerable Person Protection Act".

Added by Act 2023, No. 783,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 5-54-122 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-122
Filing false report with law enforcement agency
Status: in_force

(a) As used in this section, "report" means any communication, either written or oral, sworn or unsworn. (b) A person commits the offense of filing a false report if he or she files a report with any law enforcement agency or prosecuting attorney's office of any alleged criminal wrongdoing on the part of another person knowing that the report is false. (c) (1) Filing a false report is a Class D felony if: (A) The alleged criminal wrongdoing is a capital offense, Class Y felony, Class A felony, or Class B felony; (B) The law enforcement agency or prosecuting attorney's office to whom the false report is made has expended in excess of five hundred dollars ($500) in order to investigate the false report, including the costs of labor; (C) Physical injury results to any person as a result of the false report; (D) The false report is made in an effort by the person filing the false report to conceal his or her own criminal activity; (E) The false report results in another person being arrested; or (F) The false report alleges another person purposely selected the victim of a crime because the victim was a member of or was associated with a recognizable and identifiable group or class who share mental, physical, biological, cultural, political, or religious beliefs or characteristics, for the purpose of delayed release under § 5-4-405 . (2) Otherwise, filing a false report is a Class A misdemeanor. Amended by Act 2021, No. 681,§ 3, eff. 7/28/2021. Acts 1989, No. 690, §§ 1-3; 2007, No. 827, § 46.

(a) As used in this section, "report" means any communication, either written or oral, sworn or unsworn.

(b) A person commits the offense of filing a false report if he or she files a report with any law enforcement agency or prosecuting attorney's office of any alleged criminal wrongdoing on the part of another person knowing that the report is false.

(c) (1) Filing a false report is a Class D felony if: (A) The alleged criminal wrongdoing is a capital offense, Class Y felony, Class A felony, or Class B felony; (B) The law enforcement agency or prosecuting attorney's office to whom the false report is made has expended in excess of five hundred dollars ($500) in order to investigate the false report, including the costs of labor; (C) Physical injury results to any person as a result of the false report; (D) The false report is made in an effort by the person filing the false report to conceal his or her own criminal activity; (E) The false report results in another person being arrested; or (F) The false report alleges another person purposely selected the victim of a crime because the victim was a member of or was associated with a recognizable and identifiable group or class who share mental, physical, biological, cultural, political, or religious beliefs or characteristics, for the purpose of delayed release under § 5-4-405 . (2) Otherwise, filing a false report is a Class A misdemeanor.

(1) Filing a false report is a Class D felony if: (A) The alleged criminal wrongdoing is a capital offense, Class Y felony, Class A felony, or Class B felony; (B) The law enforcement agency or prosecuting attorney's office to whom the false report is made has expended in excess of five hundred dollars ($500) in order to investigate the false report, including the costs of labor; (C) Physical injury results to any person as a result of the false report; (D) The false report is made in an effort by the person filing the false report to conceal his or her own criminal activity; (E) The false report results in another person being arrested; or (F) The false report alleges another person purposely selected the victim of a crime because the victim was a member of or was associated with a recognizable and identifiable group or class who share mental, physical, biological, cultural, political, or religious beliefs or characteristics, for the purpose of delayed release under § 5-4-405 .

(A) The alleged criminal wrongdoing is a capital offense, Class Y felony, Class A felony, or Class B felony;

(B) The law enforcement agency or prosecuting attorney's office to whom the false report is made has expended in excess of five hundred dollars ($500) in order to investigate the false report, including the costs of labor;

(C) Physical injury results to any person as a result of the false report;

(D) The false report is made in an effort by the person filing the false report to conceal his or her own criminal activity;

(E) The false report results in another person being arrested; or

(F) The false report alleges another person purposely selected the victim of a crime because the victim was a member of or was associated with a recognizable and identifiable group or class who share mental, physical, biological, cultural, political, or religious beliefs or characteristics, for the purpose of delayed release under § 5-4-405 .

(2) Otherwise, filing a false report is a Class A misdemeanor.

Amended by Act 2021, No. 681,§ 3, eff. 7/28/2021.

Acts 1989, No. 690, §§ 1-3; 2007, No. 827, § 46.
Ark. Code Ann. § 5-64-307 — AR Code / Title 5 / Chapter 64 / Subchapter 3 / Section 5-64-307
Order forms
Status: in_force

(a) A controlled substance in Schedule I or Schedule II shall be distributed by a practitioner to another practitioner only pursuant to an order form. (b) Compliance with the provisions of federal law respecting an order form is deemed compliance with this section. Acts 1971, No. 590, Art. 3, § 1; A.S.A. 1947, § 82-2615.

(a) A controlled substance in Schedule I or Schedule II shall be distributed by a practitioner to another practitioner only pursuant to an order form.

(b) Compliance with the provisions of federal law respecting an order form is deemed compliance with this section.

Acts 1971, No. 590, Art. 3, § 1; A.S.A. 1947, § 82-2615.
Ark. Code Ann. § 5-64-211 — AR Code / Title 5 / Chapter 64 / Subchapter 2 / Section 5-64-211
Criteria for Schedule V
Status: in_force

The Secretary of the Department of Health shall place a substance in Schedule V if he or she finds that: (1) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV; (2) The substance has currently accepted medical use in treatment in the United States; and (3) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV. Amended by Act 2019, No. 910,§ 4837, eff. 7/1/2019. Acts 1971, No. 590, Art. 2, § 11; 1973, No. 186, § 1; 1979, No. 898, § 11; A.S.A. 1947, § 82-2612.

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

(1) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;

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

(3) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.

Amended by Act 2019, No. 910,§ 4837, eff. 7/1/2019.

Acts 1971, No. 590, Art. 2, § 11; 1973, No. 186, § 1; 1979, No. 898, § 11; A.S.A. 1947, § 82-2612.
Ark. Code Ann. § 5-54-111 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-111
Second degree escape
Status: in_force

(a) A person commits the offense of second degree escape if he or she: (1) At any time, including from the point of departure from confinement to the return to confinement, uses or threatens to use physical force in escaping from custody; (2) Having been found guilty of a felony, escapes from custody; (3) Escapes from a correctional facility; (4) Escapes from a juvenile detention facility; or (5) Escapes from a youth services program. (b) (1) Second degree escape is a Class B felony if, at the time of the escape, the person is in the custody of: (A) The Division of Correction; (B) The Division of Community Correction; or (C) A law enforcement agency. (2) Otherwise second degree escape is a Class D felony. Amended by Act 2019, No. 910,§ 677, eff. 7/1/2019. Acts 1975, No. 280, § 2811; A.S.A. 1947, § 41-2811; Acts 1997, No. 1229, § 4; 1997, No. 1299, § 4; 2003, No. 1348, § 2; 2005, No. 1994, § 255; 2009, No. 478, § 2.

(a) A person commits the offense of second degree escape if he or she: (1) At any time, including from the point of departure from confinement to the return to confinement, uses or threatens to use physical force in escaping from custody; (2) Having been found guilty of a felony, escapes from custody; (3) Escapes from a correctional facility; (4) Escapes from a juvenile detention facility; or (5) Escapes from a youth services program.

(1) At any time, including from the point of departure from confinement to the return to confinement, uses or threatens to use physical force in escaping from custody;

(2) Having been found guilty of a felony, escapes from custody;

(3) Escapes from a correctional facility;

(4) Escapes from a juvenile detention facility; or

(5) Escapes from a youth services program.

(b) (1) Second degree escape is a Class B felony if, at the time of the escape, the person is in the custody of: (A) The Division of Correction; (B) The Division of Community Correction; or (C) A law enforcement agency. (2) Otherwise second degree escape is a Class D felony.

(1) Second degree escape is a Class B felony if, at the time of the escape, the person is in the custody of: (A) The Division of Correction; (B) The Division of Community Correction; or (C) A law enforcement agency.

(A) The Division of Correction;

(B) The Division of Community Correction; or

(C) A law enforcement agency.

(2) Otherwise second degree escape is a Class D felony.

Amended by Act 2019, No. 910,§ 677, eff. 7/1/2019.

Acts 1975, No. 280, § 2811; A.S.A. 1947, § 41-2811; Acts 1997, No. 1229, § 4; 1997, No. 1299, § 4; 2003, No. 1348, § 2; 2005, No. 1994, § 255; 2009, No. 478, § 2.
Ark. Code Ann. § 5-52-106 — AR Code / Title 5 / Chapter 52 / Section 5-52-106
Misuse of confidential information
Status: in_force

(a) A public servant commits the offense of misuse of confidential information if, in contemplation of official action by himself or herself or a governmental unit with which he or she is associated or in reliance on information to which he or she has access in his or her official capacity and which has not been made public, the public servant: (1) Acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information; or (2) Speculates or aids another to speculate on the basis of the information. (b) Misuse of confidential information is a Class A misdemeanor. Acts 1975, No. 280, § 2706; A.S.A. 1947, § 41-2706.

(a) A public servant commits the offense of misuse of confidential information if, in contemplation of official action by himself or herself or a governmental unit with which he or she is associated or in reliance on information to which he or she has access in his or her official capacity and which has not been made public, the public servant: (1) Acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information; or (2) Speculates or aids another to speculate on the basis of the information.

(1) Acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information; or

(2) Speculates or aids another to speculate on the basis of the information.

(b) Misuse of confidential information is a Class A misdemeanor.

Acts 1975, No. 280, § 2706; A.S.A. 1947, § 41-2706.
Ark. Code Ann. § 5-64-702 — AR Code / Title 5 / Chapter 64 / Subchapter 7 / Section 5-64-702
Promulgation of rules
Status: in_force

(a) The Department of Health may promulgate rules necessary for the enforcement of this chapter. (b) The rules described in subsection (a) of this section shall be promulgated pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 315,§ 166, eff. 7/24/2019. Acts 1979, No. 898, § 17; A.S.A. 1947, § 82-2632.1; Acts 2005, No. 1994, § 312.

(a) The Department of Health may promulgate rules necessary for the enforcement of this chapter.

(b) The rules described in subsection (a) of this section shall be promulgated pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 315,§ 166, eff. 7/24/2019.

Acts 1979, No. 898, § 17; A.S.A. 1947, § 82-2632.1; Acts 2005, No. 1994, § 312.
Ark. Code Ann. § 5-64-1101 — AR Code / Title 5 / Chapter 64 / Subchapter 11 / Section 5-64-1101
Possession - Penalty
Status: in_force

(a) It is unlawful for any person to possess more than five grams (5g) of ephedrine or nine grams (9g) of pseudoephedrine or phenylpropanolamine, or their salts, optical isomers, and salts of optical isomers, alone or in a mixture, except: (1) Any pharmacist or other authorized person who sells or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers, upon the prescription of a physician, dentist, podiatrist, veterinarian, or other healthcare professional with prescriptive authority, or as authorized pursuant to § 5-64-1103 ; (2) A product exempted under § 5-64-1103(b)(1) and (2) , without a prescription, pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., or regulations adopted under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., if the person possesses a sales and use tax permit issued by the Department of Finance and Administration; (3) Any physician, dentist, podiatrist, veterinarian, or other healthcare professional with prescriptive authority who administers or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers to his or her patient; or (4) (A) Any manufacturer, wholesaler, or distributor licensed by the Arkansas State Board of Pharmacy that meets one (1) of the requirements in subdivision (a)(4)(B) of this section and sells, transfers, or otherwise furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers to: (i) A licensed pharmacy, physician, dentist, podiatrist, veterinarian, or other healthcare professional with prescriptive authority; or (ii) Any person who possesses a sales and use tax permit issued by the department. (B) (i) The manufacturer, wholesaler, or distributor shall hold or store the substance in a facility that meets the packaging requirements of § 5-64-1005(4)(A) -(C). (ii) The manufacturer, wholesaler, or distributor shall sell, transfer, or otherwise furnish only to a healthcare professional identified in subdivisions (a)(1) and (a)(3) of this section. (b) Possession of more than five grams (5g) of ephedrine or more than nine grams (9g) of pseudoephedrine or phenylpropanolamine, or their salts, optical isomers, and salts of optical isomers constitutes prima facie evidence of the intent to manufacture methamphetamine or another controlled substance in violation of this subchapter unless the person qualifies for an exemption listed in subsection (a) of this section. (c) Any person who violates a provision of this section is guilty of a Class D felony. Acts 1997, No. 565, § 1; 2001, No. 1209, § 3; No. 1782, § 1; 2003, No. 867, § 2; 2005, No. 256, § 5.

(a) It is unlawful for any person to possess more than five grams (5g) of ephedrine or nine grams (9g) of pseudoephedrine or phenylpropanolamine, or their salts, optical isomers, and salts of optical isomers, alone or in a mixture, except: (1) Any pharmacist or other authorized person who sells or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers, upon the prescription of a physician, dentist, podiatrist, veterinarian, or other healthcare professional with prescriptive authority, or as authorized pursuant to § 5-64-1103 ; (2) A product exempted under § 5-64-1103(b)(1) and (2) , without a prescription, pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., or regulations adopted under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., if the person possesses a sales and use tax permit issued by the Department of Finance and Administration; (3) Any physician, dentist, podiatrist, veterinarian, or other healthcare professional with prescriptive authority who administers or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers to his or her patient; or (4) (A) Any manufacturer, wholesaler, or distributor licensed by the Arkansas State Board of Pharmacy that meets one (1) of the requirements in subdivision (a)(4)(B) of this section and sells, transfers, or otherwise furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers to: (i) A licensed pharmacy, physician, dentist, podiatrist, veterinarian, or other healthcare professional with prescriptive authority; or (ii) Any person who possesses a sales and use tax permit issued by the department. (B) (i) The manufacturer, wholesaler, or distributor shall hold or store the substance in a facility that meets the packaging requirements of § 5-64-1005(4)(A) -(C). (ii) The manufacturer, wholesaler, or distributor shall sell, transfer, or otherwise furnish only to a healthcare professional identified in subdivisions (a)(1) and (a)(3) of this section.

(1) Any pharmacist or other authorized person who sells or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers, upon the prescription of a physician, dentist, podiatrist, veterinarian, or other healthcare professional with prescriptive authority, or as authorized pursuant to § 5-64-1103 ;

(2) A product exempted under § 5-64-1103(b)(1) and (2) , without a prescription, pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., or regulations adopted under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., if the person possesses a sales and use tax permit issued by the Department of Finance and Administration;

(3) Any physician, dentist, podiatrist, veterinarian, or other healthcare professional with prescriptive authority who administers or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers to his or her patient; or

(4) (A) Any manufacturer, wholesaler, or distributor licensed by the Arkansas State Board of Pharmacy that meets one (1) of the requirements in subdivision (a)(4)(B) of this section and sells, transfers, or otherwise furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers to: (i) A licensed pharmacy, physician, dentist, podiatrist, veterinarian, or other healthcare professional with prescriptive authority; or (ii) Any person who possesses a sales and use tax permit issued by the department. (B) (i) The manufacturer, wholesaler, or distributor shall hold or store the substance in a facility that meets the packaging requirements of § 5-64-1005(4)(A) -(C). (ii) The manufacturer, wholesaler, or distributor shall sell, transfer, or otherwise furnish only to a healthcare professional identified in subdivisions (a)(1) and (a)(3) of this section.

(A) Any manufacturer, wholesaler, or distributor licensed by the Arkansas State Board of Pharmacy that meets one (1) of the requirements in subdivision (a)(4)(B) of this section and sells, transfers, or otherwise furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers to: (i) A licensed pharmacy, physician, dentist, podiatrist, veterinarian, or other healthcare professional with prescriptive authority; or (ii) Any person who possesses a sales and use tax permit issued by the department.

(i) A licensed pharmacy, physician, dentist, podiatrist, veterinarian, or other healthcare professional with prescriptive authority; or

(ii) Any person who possesses a sales and use tax permit issued by the department.

(B) (i) The manufacturer, wholesaler, or distributor shall hold or store the substance in a facility that meets the packaging requirements of § 5-64-1005(4)(A) -(C). (ii) The manufacturer, wholesaler, or distributor shall sell, transfer, or otherwise furnish only to a healthcare professional identified in subdivisions (a)(1) and (a)(3) of this section.

(i) The manufacturer, wholesaler, or distributor shall hold or store the substance in a facility that meets the packaging requirements of § 5-64-1005(4)(A) -(C).

(ii) The manufacturer, wholesaler, or distributor shall sell, transfer, or otherwise furnish only to a healthcare professional identified in subdivisions (a)(1) and (a)(3) of this section.

(b) Possession of more than five grams (5g) of ephedrine or more than nine grams (9g) of pseudoephedrine or phenylpropanolamine, or their salts, optical isomers, and salts of optical isomers constitutes prima facie evidence of the intent to manufacture methamphetamine or another controlled substance in violation of this subchapter unless the person qualifies for an exemption listed in subsection (a) of this section.

(c) Any person who violates a provision of this section is guilty of a Class D felony.

Acts 1997, No. 565, § 1; 2001, No. 1209, § 3; No. 1782, § 1; 2003, No. 867, § 2; 2005, No. 256, § 5.
Ark. Code Ann. § 5-53-106 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-106
Perjury or false swearing - Inconsistent statements
Status: in_force

(a) When a person charged with perjury or false swearing has made inconsistent material statements under oath and affecting the same matter or transaction, all the several inconsistent material statements may be charged in different counts of the same indictment or information. (b) Proof of the inconsistency of statements is of itself evidence that one (1) of the statements is false, and it is not necessary to sustain a conviction to establish which statement is false. (c) If one (1) inconsistent statement, if false, would constitute perjury and the other inconsistent statement, if false, would constitute only false swearing, the defendant may be convicted only of false swearing. (d) Nothing in this section prevents a conviction of perjury when proof of perjury is established by evidence other than proof of inconsistent statements. Acts 1975, No. 280, § 2604; A.S.A. 1947, § 41-2604.

(a) When a person charged with perjury or false swearing has made inconsistent material statements under oath and affecting the same matter or transaction, all the several inconsistent material statements may be charged in different counts of the same indictment or information.

(b) Proof of the inconsistency of statements is of itself evidence that one (1) of the statements is false, and it is not necessary to sustain a conviction to establish which statement is false.

(c) If one (1) inconsistent statement, if false, would constitute perjury and the other inconsistent statement, if false, would constitute only false swearing, the defendant may be convicted only of false swearing.

(d) Nothing in this section prevents a conviction of perjury when proof of perjury is established by evidence other than proof of inconsistent statements.

Acts 1975, No. 280, § 2604; A.S.A. 1947, § 41-2604.
Ark. Code Ann. § 5-73-318 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-318
Instructor review of applications
Status: in_force

(a) An instructor authorized to conduct a training course required by this subchapter shall check the application of a student for completeness, accuracy, and legibility. (b) An instructor who repeatedly fails to comply with subsection (a) of this section may have his or her license to conduct a training course revoked. Acts 1997, No. 1239, § 7.

(a) An instructor authorized to conduct a training course required by this subchapter shall check the application of a student for completeness, accuracy, and legibility.

(b) An instructor who repeatedly fails to comply with subsection (a) of this section may have his or her license to conduct a training course revoked.

Acts 1997, No. 1239, § 7.
Ark. Code Ann. § 5-13-214 — AR Code / Title 5 / Chapter 13 / Subchapter 2 / Section 5-13-214
Knowingly exposing another person to fentanyl in the first and second degree
Status: in_force

(a) As used in this section: (1) (A) "Correctional facility" means a place used for the confinement of persons charged with or convicted of an offense or otherwise confined under a court order. (B) "Correctional facility" includes the Arkansas State Hospital only in regard to persons who are detained at the hospital and charged with or convicted of an offense. (C) "Correctional facility" does not include youth services programs; (2) "Employee of a correctional facility" means a person who is employed by or working under a professional services contract for a correctional facility; (3) "Expose" includes without limitation skin contact, inhalation, ingestion, or contact with a needlestick or a mucus membrane, including without limitation the mouth, eyes, or nose; and (4) "Fentanyl" means the same as defined in § 5-64-101 . (b) (1) A person commits the offense of knowingly exposing another person to fentanyl in the first degree if: (A) The person knowingly exposes another person to fentanyl; and (B) The other person suffers serious physical injury as a result of the exposure to fentanyl. (2) Knowingly exposing another person to fentanyl in the first degree is: (A) A Class Y felony if the other person is a first responder or an employee of a correctional facility; or (B) A Class A felony if otherwise committed. (c) (1) A person commits the offense of knowingly exposing another person to fentanyl in the second degree if: (A) The person knowingly exposes another person to fentanyl; and (B) The other person suffers physical injury as a result of the exposure to fentanyl. (2) Knowingly exposing another person to fentanyl in the second degree is: (A) A Class A felony if the other person is a first responder or an employee of a correctional facility; or (B) A Class B felony if otherwise committed. (d) The following are not offenses under this subchapter: (1) An individual practitioner acting in the usual course of professional practice issuing a valid prescription for fentanyl for a legitimate medical purpose; (2) A pharmacy, pharmacist, or an individual practitioner dispensing, delivering, or administering fentanyl pursuant to a prescription; (3) A permitted manufacturer, wholesaler, pharmacy, hospital, long-term care facility, or other medical provider delivering, prescribing, administering, or transferring fentanyl available by prescription for lawful purposes and in compliance with state and federal law; or (4) A pharmaceutical company manufacturing fentanyl available by prescription in compliance with state and federal law. Added by Act 2023, No. 739,§ 2, eff. 8/1/2023.

(a) As used in this section: (1) (A) "Correctional facility" means a place used for the confinement of persons charged with or convicted of an offense or otherwise confined under a court order. (B) "Correctional facility" includes the Arkansas State Hospital only in regard to persons who are detained at the hospital and charged with or convicted of an offense. (C) "Correctional facility" does not include youth services programs; (2) "Employee of a correctional facility" means a person who is employed by or working under a professional services contract for a correctional facility; (3) "Expose" includes without limitation skin contact, inhalation, ingestion, or contact with a needlestick or a mucus membrane, including without limitation the mouth, eyes, or nose; and (4) "Fentanyl" means the same as defined in § 5-64-101 .

(1) (A) "Correctional facility" means a place used for the confinement of persons charged with or convicted of an offense or otherwise confined under a court order. (B) "Correctional facility" includes the Arkansas State Hospital only in regard to persons who are detained at the hospital and charged with or convicted of an offense. (C) "Correctional facility" does not include youth services programs;

(A) "Correctional facility" means a place used for the confinement of persons charged with or convicted of an offense or otherwise confined under a court order.

(B) "Correctional facility" includes the Arkansas State Hospital only in regard to persons who are detained at the hospital and charged with or convicted of an offense.

(C) "Correctional facility" does not include youth services programs;

(2) "Employee of a correctional facility" means a person who is employed by or working under a professional services contract for a correctional facility;

(3) "Expose" includes without limitation skin contact, inhalation, ingestion, or contact with a needlestick or a mucus membrane, including without limitation the mouth, eyes, or nose; and

(4) "Fentanyl" means the same as defined in § 5-64-101 .

(b) (1) A person commits the offense of knowingly exposing another person to fentanyl in the first degree if: (A) The person knowingly exposes another person to fentanyl; and (B) The other person suffers serious physical injury as a result of the exposure to fentanyl. (2) Knowingly exposing another person to fentanyl in the first degree is: (A) A Class Y felony if the other person is a first responder or an employee of a correctional facility; or (B) A Class A felony if otherwise committed.

(1) A person commits the offense of knowingly exposing another person to fentanyl in the first degree if: (A) The person knowingly exposes another person to fentanyl; and (B) The other person suffers serious physical injury as a result of the exposure to fentanyl.

(A) The person knowingly exposes another person to fentanyl; and

(B) The other person suffers serious physical injury as a result of the exposure to fentanyl.

(2) Knowingly exposing another person to fentanyl in the first degree is: (A) A Class Y felony if the other person is a first responder or an employee of a correctional facility; or (B) A Class A felony if otherwise committed.

(A) A Class Y felony if the other person is a first responder or an employee of a correctional facility; or

(B) A Class A felony if otherwise committed.

(c) (1) A person commits the offense of knowingly exposing another person to fentanyl in the second degree if: (A) The person knowingly exposes another person to fentanyl; and (B) The other person suffers physical injury as a result of the exposure to fentanyl. (2) Knowingly exposing another person to fentanyl in the second degree is: (A) A Class A felony if the other person is a first responder or an employee of a correctional facility; or (B) A Class B felony if otherwise committed.

(1) A person commits the offense of knowingly exposing another person to fentanyl in the second degree if: (A) The person knowingly exposes another person to fentanyl; and (B) The other person suffers physical injury as a result of the exposure to fentanyl.

(A) The person knowingly exposes another person to fentanyl; and

(B) The other person suffers physical injury as a result of the exposure to fentanyl.

(2) Knowingly exposing another person to fentanyl in the second degree is: (A) A Class A felony if the other person is a first responder or an employee of a correctional facility; or (B) A Class B felony if otherwise committed.

(A) A Class A felony if the other person is a first responder or an employee of a correctional facility; or

(B) A Class B felony if otherwise committed.

(d) The following are not offenses under this subchapter: (1) An individual practitioner acting in the usual course of professional practice issuing a valid prescription for fentanyl for a legitimate medical purpose; (2) A pharmacy, pharmacist, or an individual practitioner dispensing, delivering, or administering fentanyl pursuant to a prescription; (3) A permitted manufacturer, wholesaler, pharmacy, hospital, long-term care facility, or other medical provider delivering, prescribing, administering, or transferring fentanyl available by prescription for lawful purposes and in compliance with state and federal law; or (4) A pharmaceutical company manufacturing fentanyl available by prescription in compliance with state and federal law.

(1) An individual practitioner acting in the usual course of professional practice issuing a valid prescription for fentanyl for a legitimate medical purpose;

(2) A pharmacy, pharmacist, or an individual practitioner dispensing, delivering, or administering fentanyl pursuant to a prescription;

(3) A permitted manufacturer, wholesaler, pharmacy, hospital, long-term care facility, or other medical provider delivering, prescribing, administering, or transferring fentanyl available by prescription for lawful purposes and in compliance with state and federal law; or

(4) A pharmaceutical company manufacturing fentanyl available by prescription in compliance with state and federal law.

Added by Act 2023, No. 739,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 5-73-328 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-328
Board of Corrections exemption
Status: in_force

A member of the Board of Corrections who is a licensee may carry his or her concealed handgun into a building in which or a location on which a law enforcement officer may carry a concealed handgun. Added by Act 2023, No. 752,§ 2, eff. 4/12/2023.

A member of the Board of Corrections who is a licensee may carry his or her concealed handgun into a building in which or a location on which a law enforcement officer may carry a concealed handgun.

Added by Act 2023, No. 752,§ 2, eff. 4/12/2023.
Ark. Code Ann. § 5-51-206 — AR Code / Title 5 / Chapter 51 / Subchapter 2 / Section 5-51-206
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1348,§ 5, eff. 8/16/2013. Acts 1919, No. 512, § 2; C. & M. Dig., § 2319; Pope's Dig., § 2945; A.S.A. 1947, § 41-3954; Acts 2005, No. 1994, § 350.

Repealed by Act 2013, No. 1348,§ 5, eff. 8/16/2013.

Acts 1919, No. 512, § 2; C. & M. Dig., § 2319; Pope's Dig., § 2945; A.S.A. 1947, § 41-3954; Acts 2005, No. 1994, § 350.
Ark. Code Ann. § 5-36-305 — AR Code / Title 5 / Chapter 36 / Subchapter 3 / Section 5-36-305
Restitution
Status: in_force

In addition to any other sentence authorized by law, the court may sentence a person convicted of violating this subchapter to make restitution in the manner prescribed in § 5-4-205 . Acts 1997, No. 1310, § 5.

In addition to any other sentence authorized by law, the court may sentence a person convicted of violating this subchapter to make restitution in the manner prescribed in § 5-4-205 .

Acts 1997, No. 1310, § 5.
Ark. Code Ann. § 5-2-331 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-331
Cost of mental health services, examination, and treatment of defendant
Status: in_force

(a) A person or entity that provides treatment or other mental health services under this subchapter may impose a charge for the cost of the treatment or other mental health services rendered. (b) A charge for the cost of treatment or other mental health services under this section may not exceed the actual cost of the treatment or other mental health services provided. (c) (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall promulgate rules establishing reasonable charges for the cost of treatment or other mental health services under this section. (2) Rules establishing reasonable charges for the cost of treatment or other mental health services under this section shall provide for waiving or postponing the collection of the charges based on: (A) Clinical considerations; (B) The defendant's inability to pay; or (C) A court determination that the defendant is wholly or partly indigent and qualifies for the appointment of an attorney under § 16-87-213 . Added by Act 2019, No. 567,§ 1, eff. 7/24/2019.

(a) A person or entity that provides treatment or other mental health services under this subchapter may impose a charge for the cost of the treatment or other mental health services rendered.

(b) A charge for the cost of treatment or other mental health services under this section may not exceed the actual cost of the treatment or other mental health services provided.

(c) (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall promulgate rules establishing reasonable charges for the cost of treatment or other mental health services under this section. (2) Rules establishing reasonable charges for the cost of treatment or other mental health services under this section shall provide for waiving or postponing the collection of the charges based on: (A) Clinical considerations; (B) The defendant's inability to pay; or (C) A court determination that the defendant is wholly or partly indigent and qualifies for the appointment of an attorney under § 16-87-213 .

(1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall promulgate rules establishing reasonable charges for the cost of treatment or other mental health services under this section.

(2) Rules establishing reasonable charges for the cost of treatment or other mental health services under this section shall provide for waiving or postponing the collection of the charges based on: (A) Clinical considerations; (B) The defendant's inability to pay; or (C) A court determination that the defendant is wholly or partly indigent and qualifies for the appointment of an attorney under § 16-87-213 .

(A) Clinical considerations;

(B) The defendant's inability to pay; or

(C) A court determination that the defendant is wholly or partly indigent and qualifies for the appointment of an attorney under § 16-87-213 .

Added by Act 2019, No. 567,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 5-14-102 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-102
In general
Status: in_force

(a) The definition of an offense that excludes conduct with a spouse shall not be construed to preclude accomplice liability of a spouse. (b) When the criminality of conduct depends on a child's being below fourteen (14) years of age and the actor is twenty (20) years of age or older, it is no defense that the actor: (1) Did not know the age of the child; or (2) Reasonably believed the child to be fourteen (14) years of age or older. (c) (1) When criminality of conduct depends on a child's being below fourteen (14) years of age and the actor is under twenty (20) years of age, it is an affirmative defense that the actor reasonably believed the child to be of the critical age or above. (2) However, the actor may be guilty of the lesser offense defined by the age that the actor reasonably believed the child to be. (d) (1) When criminality of conduct depends on a child's being below a critical age older than fourteen (14) years, it is an affirmative defense that the actor reasonably believed the child to be of the critical age or above. (2) However, the actor may be guilty of the lesser offense defined by the age that the actor reasonably believed the child to be. (e) When criminality of conduct depends on a victim's being incapable of consent because he or she is mentally defective or mentally incapacitated, it is an affirmative defense that the actor reasonably believed that the victim was capable of consent. Acts 1975, No. 280, § 1802; 1985, No. 281, § 1; 1985, No. 870, § 4; 1985, No. 919, § 1; A.S.A. 1947, § 41-1802; Acts 2003, No. 1323, § 2.

(a) The definition of an offense that excludes conduct with a spouse shall not be construed to preclude accomplice liability of a spouse.

(b) When the criminality of conduct depends on a child's being below fourteen (14) years of age and the actor is twenty (20) years of age or older, it is no defense that the actor: (1) Did not know the age of the child; or (2) Reasonably believed the child to be fourteen (14) years of age or older.

(1) Did not know the age of the child; or

(2) Reasonably believed the child to be fourteen (14) years of age or older.

(c) (1) When criminality of conduct depends on a child's being below fourteen (14) years of age and the actor is under twenty (20) years of age, it is an affirmative defense that the actor reasonably believed the child to be of the critical age or above. (2) However, the actor may be guilty of the lesser offense defined by the age that the actor reasonably believed the child to be.

(1) When criminality of conduct depends on a child's being below fourteen (14) years of age and the actor is under twenty (20) years of age, it is an affirmative defense that the actor reasonably believed the child to be of the critical age or above.

(2) However, the actor may be guilty of the lesser offense defined by the age that the actor reasonably believed the child to be.

(d) (1) When criminality of conduct depends on a child's being below a critical age older than fourteen (14) years, it is an affirmative defense that the actor reasonably believed the child to be of the critical age or above. (2) However, the actor may be guilty of the lesser offense defined by the age that the actor reasonably believed the child to be.

(1) When criminality of conduct depends on a child's being below a critical age older than fourteen (14) years, it is an affirmative defense that the actor reasonably believed the child to be of the critical age or above.

(2) However, the actor may be guilty of the lesser offense defined by the age that the actor reasonably believed the child to be.

(e) When criminality of conduct depends on a victim's being incapable of consent because he or she is mentally defective or mentally incapacitated, it is an affirmative defense that the actor reasonably believed that the victim was capable of consent.

Acts 1975, No. 280, § 1802; 1985, No. 281, § 1; 1985, No. 870, § 4; 1985, No. 919, § 1; A.S.A. 1947, § 41-1802; Acts 2003, No. 1323, § 2.
Ark. Code Ann. § 5-77-203 — AR Code / Title 5 / Chapter 77 / Subchapter 2 / Section 5-77-203
Rules
Status: in_force

The Division of Arkansas State Police shall promulgate rules to implement this subchapter, including rules that define the type of identification necessary to legally demonstrate that a person is a law enforcement officer or a county coroner. Amended by Act 2019, No. 315,§ 175, eff. 7/24/2019. Acts 1997, No. 1281, § 3.

The Division of Arkansas State Police shall promulgate rules to implement this subchapter, including rules that define the type of identification necessary to legally demonstrate that a person is a law enforcement officer or a county coroner.

Amended by Act 2019, No. 315,§ 175, eff. 7/24/2019.

Acts 1997, No. 1281, § 3.
Ark. Code Ann. § 5-37-301 — AR Code / Title 5 / Chapter 37 / Subchapter 3 / Section 5-37-301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Hot Check Law". Acts 1959, No. 241, § 1; A.S.A. 1947, § 67-719; Acts 2009, No. 748, § 21.

This subchapter shall be known and may be cited as the "Arkansas Hot Check Law".

Acts 1959, No. 241, § 1; A.S.A. 1947, § 67-719; Acts 2009, No. 748, § 21.
Ark. Code Ann. § 5-68-406 — AR Code / Title 5 / Chapter 68 / Subchapter 4 / Section 5-68-406
Action to determine obscenity
Status: in_force

The prosecuting attorney for the county where obscene mailable matter is sent or caused to be sent, brought, or caused to be brought or where it is prepared, sold, exhibited or commercially distributed, or given away or offered to be given away or possessed shall institute an action in the circuit court for that county for an adjudication of the obscenity of the mailable matter if the prosecuting attorney has reasonable cause to believe that any person with knowledge of its contents is: (1) Engaged in sending obscene mailable matter, causing it to be sent, bringing or causing it to be brought, into this state for sale or commercial distribution; or (2) In this state preparing, selling, exhibiting or commercially distributing obscene mailable matter, giving it away, offering to give it away, or has it in the person's possession with intent to sell, commercially distribute, exhibit, give it away, or offer to give it away. Acts 1961, No. 261, § 5; A.S.A. 1947, § 41-3566.

The prosecuting attorney for the county where obscene mailable matter is sent or caused to be sent, brought, or caused to be brought or where it is prepared, sold, exhibited or commercially distributed, or given away or offered to be given away or possessed shall institute an action in the circuit court for that county for an adjudication of the obscenity of the mailable matter if the prosecuting attorney has reasonable cause to believe that any person with knowledge of its contents is:

(1) Engaged in sending obscene mailable matter, causing it to be sent, bringing or causing it to be brought, into this state for sale or commercial distribution; or

(2) In this state preparing, selling, exhibiting or commercially distributing obscene mailable matter, giving it away, offering to give it away, or has it in the person's possession with intent to sell, commercially distribute, exhibit, give it away, or offer to give it away.

Acts 1961, No. 261, § 5; A.S.A. 1947, § 41-3566.
Ark. Code Ann. § 5-38-205 — AR Code / Title 5 / Chapter 38 / Subchapter 2 / Section 5-38-205
Impairing the operation of a vital public facility
Status: in_force

(a) A person commits the offense of impairing the operation of a vital public facility if, having no reasonable ground to believe he or she has a right to do so, the person knowingly causes a substantial interruption or impairment of an operation of a vital public facility by: (1) Damaging the property of another person; (2) Incapacitating an operator of a vital public facility; or (3) Engaging in: (A) A fight or violent and tumultuous behavior; or (B) Any other conduct that causes a substantial disruption, obstruction, or impediment to the operation of a vital public facility. (b) (1) Except as provided in subdivision (b)(2) of this section, impairing the operation of a vital public facility is a Class C felony. (2) Impairing the operation of a vital public facility under subdivision (a)(3) of this section is a Class A misdemeanor. (c) As used in this section, "vital public facility" includes a county jail, city jail, public detention facility, or temporary holding facility for detained persons. Acts 1975, No. 280, § 1908; A.S.A. 1947, § 41-1908; Acts 2009, No. 1210, § 1; 2011, No. 1120, § 9.

(a) A person commits the offense of impairing the operation of a vital public facility if, having no reasonable ground to believe he or she has a right to do so, the person knowingly causes a substantial interruption or impairment of an operation of a vital public facility by: (1) Damaging the property of another person; (2) Incapacitating an operator of a vital public facility; or (3) Engaging in: (A) A fight or violent and tumultuous behavior; or (B) Any other conduct that causes a substantial disruption, obstruction, or impediment to the operation of a vital public facility.

(1) Damaging the property of another person;

(2) Incapacitating an operator of a vital public facility; or

(3) Engaging in: (A) A fight or violent and tumultuous behavior; or (B) Any other conduct that causes a substantial disruption, obstruction, or impediment to the operation of a vital public facility.

(A) A fight or violent and tumultuous behavior; or

(B) Any other conduct that causes a substantial disruption, obstruction, or impediment to the operation of a vital public facility.

(b) (1) Except as provided in subdivision (b)(2) of this section, impairing the operation of a vital public facility is a Class C felony. (2) Impairing the operation of a vital public facility under subdivision (a)(3) of this section is a Class A misdemeanor.

(1) Except as provided in subdivision (b)(2) of this section, impairing the operation of a vital public facility is a Class C felony.

(2) Impairing the operation of a vital public facility under subdivision (a)(3) of this section is a Class A misdemeanor.

(c) As used in this section, "vital public facility" includes a county jail, city jail, public detention facility, or temporary holding facility for detained persons.

Acts 1975, No. 280, § 1908; A.S.A. 1947, § 41-1908; Acts 2009, No. 1210, § 1; 2011, No. 1120, § 9.
Ark. Code Ann. § 5-68-201 — AR Code / Title 5 / Chapter 68 / Subchapter 2 / Section 5-68-201
Exhibition of obscene figures
Status: in_force

(a) Any person publicly exhibiting any obscene figure is guilty of a violation. (b) Any person convicted under a provision of this section shall be fined in any sum not less than fifty dollars ($50.00) nor more than one hundred dollars ($100). Rev. Stat., ch. 44, div. 6, art. 2, §§ 2, 3; C. & M. Dig., §§ 2700, 2701; Pope's Dig., §§ 3386, 3387; A.S.A. 1947, §§ 41-3551, 41-3552; Acts 2005, No. 1994, § 184.

(a) Any person publicly exhibiting any obscene figure is guilty of a violation.

(b) Any person convicted under a provision of this section shall be fined in any sum not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).

Rev. Stat., ch. 44, div. 6, art. 2, §§ 2, 3; C. & M. Dig., §§ 2700, 2701; Pope's Dig., §§ 3386, 3387; A.S.A. 1947, §§ 41-3551, 41-3552; Acts 2005, No. 1994, § 184.
Ark. Code Ann. § 5-36-202 — AR Code / Title 5 / Chapter 36 / Subchapter 2 / Section 5-36-202
Theft of public benefits
Status: in_force

(a) A person commits theft of public benefits if the person: (1) Obtains or retains a public benefit from the Department of Human Services or any other state agency administering the distribution of a public benefit: (A) By means of any false statement, misrepresentation, or impersonation; or (B) Through failure to disclose a material fact used in making a determination as to the person's qualification to receive a public benefit; or (2) Receives, retains, or disposes of a public benefit knowing or having reason to know that the public benefit was obtained in violation of this subchapter. (b) Presentation of false or fictitious information or failure to disclose a material fact in the process of obtaining or retaining public benefits is prima facie evidence of purpose to commit theft of public benefits. (c) Theft of public benefits is a: (1) Class B felony if the value of the public benefit is two thousand five hundred dollars ($2,500) or more; (2) Class C felony if the value of the public benefit is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500); or (3) Class A misdemeanor if the value of the public benefit is five hundred dollars ($500) or less. (d) In addition to an extended term of imprisonment provided by § 5-4-501 for a habitual offender, any person who pleads guilty or nolo contendere to or is found guilty of violating this section shall be imprisoned: (1) For no less than seven (7) days for a second offense occurring within five (5) years of a prior offense; (2) For no less than ninety (90) days for a third offense occurring within five (5) years of a prior offense; and (3) For at least one (1) year for a fourth or subsequent offense occurring within five (5) years of a prior offense. (e) In addition to restitution, any person who pleads guilty or nolo contendere to or is found guilty of violating this section shall be fined no less than: (1) One hundred fifty dollars ($150) for the first offense; (2) Four hundred dollars ($400) for a second offense occurring within five (5) years of a prior offense; and (3) Nine hundred dollars ($900) for a third or subsequent offense occurring within five (5) years of a prior offense. Amended by Act 2015, No. 1263,§ 7, eff. 7/22/2015. Acts 1993, No. 320, §§ 2, 3.

(a) A person commits theft of public benefits if the person: (1) Obtains or retains a public benefit from the Department of Human Services or any other state agency administering the distribution of a public benefit: (A) By means of any false statement, misrepresentation, or impersonation; or (B) Through failure to disclose a material fact used in making a determination as to the person's qualification to receive a public benefit; or (2) Receives, retains, or disposes of a public benefit knowing or having reason to know that the public benefit was obtained in violation of this subchapter.

(1) Obtains or retains a public benefit from the Department of Human Services or any other state agency administering the distribution of a public benefit: (A) By means of any false statement, misrepresentation, or impersonation; or (B) Through failure to disclose a material fact used in making a determination as to the person's qualification to receive a public benefit; or

(A) By means of any false statement, misrepresentation, or impersonation; or

(B) Through failure to disclose a material fact used in making a determination as to the person's qualification to receive a public benefit; or

(2) Receives, retains, or disposes of a public benefit knowing or having reason to know that the public benefit was obtained in violation of this subchapter.

(b) Presentation of false or fictitious information or failure to disclose a material fact in the process of obtaining or retaining public benefits is prima facie evidence of purpose to commit theft of public benefits.

(c) Theft of public benefits is a: (1) Class B felony if the value of the public benefit is two thousand five hundred dollars ($2,500) or more; (2) Class C felony if the value of the public benefit is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500); or (3) Class A misdemeanor if the value of the public benefit is five hundred dollars ($500) or less.

(1) Class B felony if the value of the public benefit is two thousand five hundred dollars ($2,500) or more;

(2) Class C felony if the value of the public benefit is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500); or

(3) Class A misdemeanor if the value of the public benefit is five hundred dollars ($500) or less.

(d) In addition to an extended term of imprisonment provided by § 5-4-501 for a habitual offender, any person who pleads guilty or nolo contendere to or is found guilty of violating this section shall be imprisoned: (1) For no less than seven (7) days for a second offense occurring within five (5) years of a prior offense; (2) For no less than ninety (90) days for a third offense occurring within five (5) years of a prior offense; and (3) For at least one (1) year for a fourth or subsequent offense occurring within five (5) years of a prior offense.

(1) For no less than seven (7) days for a second offense occurring within five (5) years of a prior offense;

(2) For no less than ninety (90) days for a third offense occurring within five (5) years of a prior offense; and

(3) For at least one (1) year for a fourth or subsequent offense occurring within five (5) years of a prior offense.

(e) In addition to restitution, any person who pleads guilty or nolo contendere to or is found guilty of violating this section shall be fined no less than: (1) One hundred fifty dollars ($150) for the first offense; (2) Four hundred dollars ($400) for a second offense occurring within five (5) years of a prior offense; and (3) Nine hundred dollars ($900) for a third or subsequent offense occurring within five (5) years of a prior offense.

(1) One hundred fifty dollars ($150) for the first offense;

(2) Four hundred dollars ($400) for a second offense occurring within five (5) years of a prior offense; and

(3) Nine hundred dollars ($900) for a third or subsequent offense occurring within five (5) years of a prior offense.

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

Acts 1993, No. 320, §§ 2, 3.
Ark. Code Ann. § 5-66-103 — AR Code / Title 5 / Chapter 66 / Section 5-66-103
Keeping a gambling house
Status: in_force

(a) A person commits the offense of keeping a gambling house if the person: (1) Keeps, conducts, or operates, or who is interested directly or indirectly in keeping, conducting, or operating any gambling house or place where gambling is carried on; (2) Sets up, keeps, or exhibits or causes to be set up, kept, or exhibited or assists in setting up, keeping, or exhibiting any gambling device; or (3) Is interested directly or indirectly in running any gambling house or in setting up and exhibiting any gambling device, either by furnishing money or another article, for the purpose of carrying on any gambling house. (b) Keeping a gambling house is a Class D felony. Acts 1913, No. 152, §§ 1, 2; C. & M. Dig., §§ 2632, 2633; Pope's Dig., §§ 3322, 3323; A.S.A. 1947, §§ 41-3251, 41-3252; Acts 2005, No. 70, § 1; 2007, No. 555, § 1; No. 827, § 82.

(a) A person commits the offense of keeping a gambling house if the person: (1) Keeps, conducts, or operates, or who is interested directly or indirectly in keeping, conducting, or operating any gambling house or place where gambling is carried on; (2) Sets up, keeps, or exhibits or causes to be set up, kept, or exhibited or assists in setting up, keeping, or exhibiting any gambling device; or (3) Is interested directly or indirectly in running any gambling house or in setting up and exhibiting any gambling device, either by furnishing money or another article, for the purpose of carrying on any gambling house.

(1) Keeps, conducts, or operates, or who is interested directly or indirectly in keeping, conducting, or operating any gambling house or place where gambling is carried on;

(2) Sets up, keeps, or exhibits or causes to be set up, kept, or exhibited or assists in setting up, keeping, or exhibiting any gambling device; or

(3) Is interested directly or indirectly in running any gambling house or in setting up and exhibiting any gambling device, either by furnishing money or another article, for the purpose of carrying on any gambling house.

(b) Keeping a gambling house is a Class D felony.

Acts 1913, No. 152, §§ 1, 2; C. & M. Dig., §§ 2632, 2633; Pope's Dig., §§ 3322, 3323; A.S.A. 1947, §§ 41-3251, 41-3252; Acts 2005, No. 70, § 1; 2007, No. 555, § 1; No. 827, § 82.
Ark. Code Ann. § 5-5-403 — AR Code / Title 5 / Chapter 5 / Subchapter 4 / Section 5-5-403
Authority of State Crime Laboratory to receive
Status: in_force

The State Crime Laboratory may: (1) Receive a weapon or ammunition pursuant to this subchapter; and (2) Use a weapon or ammunition received pursuant to this subchapter for: (A) Testing; (B) Training; (C) Data compilation; or (D) Such other appropriate purposes as are determined by the Executive Director of the State Crime Laboratory. Acts 1995, No. 202, § 1.

The State Crime Laboratory may:

(1) Receive a weapon or ammunition pursuant to this subchapter; and

(2) Use a weapon or ammunition received pursuant to this subchapter for: (A) Testing; (B) Training; (C) Data compilation; or (D) Such other appropriate purposes as are determined by the Executive Director of the State Crime Laboratory.

(A) Testing;

(B) Training;

(C) Data compilation; or

(D) Such other appropriate purposes as are determined by the Executive Director of the State Crime Laboratory.

Acts 1995, No. 202, § 1.
Ark. Code Ann. § 5-2-404 — AR Code / Title 5 / Chapter 2 / Subchapter 4 / Section 5-2-404
Defenses
Status: in_force

(a) Unless otherwise provided by the statute defining the offense, a person is not an accomplice in an offense if: (1) The person is a victim of the offense; or (2) The offense is defined so that the person's conduct is inevitably incident to the commission of the offense. (b) It is an affirmative defense to a prosecution for an offense respecting which the liability of the defendant is based on the conduct of another person that the defendant terminates his or her complicity prior to the commission of the offense and: (1) Wholly deprives his or her complicity of effectiveness in the commission of the offense; (2) Gives timely warning to an appropriate law enforcement authority; or (3) Otherwise makes a proper effort to prevent commission of the offense. Acts 1975, No. 280, § 305; 1977, No. 474, § 1; A.S.A. 1947, § 41-305.

(a) Unless otherwise provided by the statute defining the offense, a person is not an accomplice in an offense if: (1) The person is a victim of the offense; or (2) The offense is defined so that the person's conduct is inevitably incident to the commission of the offense.

(1) The person is a victim of the offense; or

(2) The offense is defined so that the person's conduct is inevitably incident to the commission of the offense.

(b) It is an affirmative defense to a prosecution for an offense respecting which the liability of the defendant is based on the conduct of another person that the defendant terminates his or her complicity prior to the commission of the offense and: (1) Wholly deprives his or her complicity of effectiveness in the commission of the offense; (2) Gives timely warning to an appropriate law enforcement authority; or (3) Otherwise makes a proper effort to prevent commission of the offense.

(1) Wholly deprives his or her complicity of effectiveness in the commission of the offense;

(2) Gives timely warning to an appropriate law enforcement authority; or

(3) Otherwise makes a proper effort to prevent commission of the offense.

Acts 1975, No. 280, § 305; 1977, No. 474, § 1; A.S.A. 1947, § 41-305.
Ark. Code Ann. § 5-53-114 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-114
Intimidating a juror, a witness, or an informant
Status: in_force

(a) A person commits the offense of intimidating a juror, a witness, or an informant if he or she threatens a juror, a witness, or an informant with the purpose of influencing the juror's vote or decision or the witness's or informant's statement or testimony. (b) Intimidating a juror, a witness, or an informant is a Class B felony. (c) "Informant" means a person who provides information to any law enforcement agency in an effort to assist the law enforcement agency in solving crimes and apprehending persons suspected of criminal offenses. Amended by Act 2019, No. 1017,§ 5, eff. 7/24/2019. Acts 1975, No. 280, § 2614; A.S.A. 1947, § 41-2614; Acts 2005, No. 1994, § 466.

(a) A person commits the offense of intimidating a juror, a witness, or an informant if he or she threatens a juror, a witness, or an informant with the purpose of influencing the juror's vote or decision or the witness's or informant's statement or testimony.

(b) Intimidating a juror, a witness, or an informant is a Class B felony.

(c) "Informant" means a person who provides information to any law enforcement agency in an effort to assist the law enforcement agency in solving crimes and apprehending persons suspected of criminal offenses.

Amended by Act 2019, No. 1017,§ 5, eff. 7/24/2019.

Acts 1975, No. 280, § 2614; A.S.A. 1947, § 41-2614; Acts 2005, No. 1994, § 466.
Ark. Code Ann. § 5-13-208 — AR Code / Title 5 / Chapter 13 / Subchapter 2 / Section 5-13-208
Coercion
Status: in_force

(a) A person commits coercion if he or she compels or induces another person to engage in conduct from which the other person has a legal right to abstain, or to abstain from engaging in conduct in which the other person has a legal right to engage, by purposeful conduct designed to instill in the other person a fear that, if a demand is not complied with, the actor or another person will: (1) Cause physical injury to any person; (2) Cause damage to property; (3) Subject any person to physical confinement; (4) Accuse any person of an offense or cause criminal proceedings to be instituted against any person; or (5) Expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule. (b) Coercion is a Class A misdemeanor. Acts 1975, No. 280, § 1609; A.S.A. 1947, § 41-1609.

(a) A person commits coercion if he or she compels or induces another person to engage in conduct from which the other person has a legal right to abstain, or to abstain from engaging in conduct in which the other person has a legal right to engage, by purposeful conduct designed to instill in the other person a fear that, if a demand is not complied with, the actor or another person will: (1) Cause physical injury to any person; (2) Cause damage to property; (3) Subject any person to physical confinement; (4) Accuse any person of an offense or cause criminal proceedings to be instituted against any person; or (5) Expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule.

(1) Cause physical injury to any person;

(2) Cause damage to property;

(3) Subject any person to physical confinement;

(4) Accuse any person of an offense or cause criminal proceedings to be instituted against any person; or

(5) Expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule.

(b) Coercion is a Class A misdemeanor.

Acts 1975, No. 280, § 1609; A.S.A. 1947, § 41-1609.
Ark. Code Ann. § 5-13-201 — AR Code / Title 5 / Chapter 13 / Subchapter 2 / Section 5-13-201
Battery in the first degree
Status: in_force

(a) A person commits battery in the first degree if: (1) With the purpose of causing serious physical injury to another person, the person causes serious physical injury to any person by means of a deadly weapon; (2) With the purpose of seriously and permanently disfiguring another person or of destroying, amputating, or permanently disabling a member or organ of that other person's body, the person causes such an injury to any person; (3) The person causes serious physical injury to another person under circumstances manifesting extreme indifference to the value of human life; (4) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit a felony; and (B) In the course of and in furtherance of the felony or in immediate flight from the felony: (i) The person or an accomplice causes serious physical injury to any person under circumstances manifesting extreme indifference to the value of human life; or (ii) Another person who is resisting the felony or flight causes serious physical injury to any person; (5) With the purpose of causing serious physical injury to an unborn child or to a woman who is pregnant with an unborn child, the person causes serious physical injury to the unborn child; (6) The person knowingly causes physical injury to a pregnant woman in the commission of a felony or a Class A misdemeanor, and in so doing, causes serious physical injury to the pregnant woman's unborn child, and the unborn child is subsequently born alive; (7) The person knowingly, without legal justification, causes serious physical injury to a person he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger; (8) With the purpose of causing physical injury to another person, the person causes physical injury to any person by means of a firearm; or (9) The person knowingly causes serious physical injury to any person four (4) years of age or younger under circumstances manifesting extreme indifference to the value of human life. (b) It is an affirmative defense in any prosecution under subdivision (a)(4) of this section in which the defendant was not the only participant that the defendant: (1) Did not commit the battery or in any way solicit, command, induce, procure, counsel, or aid the battery's commission; (2) Was not armed with a deadly weapon; (3) Reasonably believed that no other participant was armed with a deadly weapon; and (4) Reasonably believed that no other participant intended to engage in conduct that could result in serious physical injury. (c) (1) Except as provided in subdivisions (c)(2) and (3) of this section, battery in the first degree is a Class B felony. (2) Battery in the first degree is a Class Y felony under the circumstances described in subdivision (a)(2) or subdivision (a)(9) of this section. (3) Battery in the first degree is a Class Y felony if the injured person is a law enforcement officer or an employee of a correctional facility, and is acting in the line of duty. (d) As used in this section, "employee of a correctional facility" means a person who is employed by or working under a professional services contract with the Division of Correction or the Division of Community Correction. Amended by Act 2019, No. 582,§ 1, eff. 3/29/2019. Amended by Act 2019, No. 498,§ 1, eff. 7/24/2019. Acts 1975, No. 280, § 1601; A.S.A. 1947, § 41-1601; Acts 1987, No. 482, § 1; 1995, No. 360, § 1; 1995, No. 1305, § 1; 2005, No. 1994, § 474; 2007, No. 622, § 1; No. 709, § 2; No. 827, § 26.

(a) A person commits battery in the first degree if: (1) With the purpose of causing serious physical injury to another person, the person causes serious physical injury to any person by means of a deadly weapon; (2) With the purpose of seriously and permanently disfiguring another person or of destroying, amputating, or permanently disabling a member or organ of that other person's body, the person causes such an injury to any person; (3) The person causes serious physical injury to another person under circumstances manifesting extreme indifference to the value of human life; (4) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit a felony; and (B) In the course of and in furtherance of the felony or in immediate flight from the felony: (i) The person or an accomplice causes serious physical injury to any person under circumstances manifesting extreme indifference to the value of human life; or (ii) Another person who is resisting the felony or flight causes serious physical injury to any person; (5) With the purpose of causing serious physical injury to an unborn child or to a woman who is pregnant with an unborn child, the person causes serious physical injury to the unborn child; (6) The person knowingly causes physical injury to a pregnant woman in the commission of a felony or a Class A misdemeanor, and in so doing, causes serious physical injury to the pregnant woman's unborn child, and the unborn child is subsequently born alive; (7) The person knowingly, without legal justification, causes serious physical injury to a person he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger; (8) With the purpose of causing physical injury to another person, the person causes physical injury to any person by means of a firearm; or (9) The person knowingly causes serious physical injury to any person four (4) years of age or younger under circumstances manifesting extreme indifference to the value of human life.

(1) With the purpose of causing serious physical injury to another person, the person causes serious physical injury to any person by means of a deadly weapon;

(2) With the purpose of seriously and permanently disfiguring another person or of destroying, amputating, or permanently disabling a member or organ of that other person's body, the person causes such an injury to any person;

(3) The person causes serious physical injury to another person under circumstances manifesting extreme indifference to the value of human life;

(4) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit a felony; and (B) In the course of and in furtherance of the felony or in immediate flight from the felony: (i) The person or an accomplice causes serious physical injury to any person under circumstances manifesting extreme indifference to the value of human life; or (ii) Another person who is resisting the felony or flight causes serious physical injury to any person;

(A) The person commits or attempts to commit a felony; and

(B) In the course of and in furtherance of the felony or in immediate flight from the felony: (i) The person or an accomplice causes serious physical injury to any person under circumstances manifesting extreme indifference to the value of human life; or (ii) Another person who is resisting the felony or flight causes serious physical injury to any person;

(i) The person or an accomplice causes serious physical injury to any person under circumstances manifesting extreme indifference to the value of human life; or

(ii) Another person who is resisting the felony or flight causes serious physical injury to any person;

(5) With the purpose of causing serious physical injury to an unborn child or to a woman who is pregnant with an unborn child, the person causes serious physical injury to the unborn child;

(6) The person knowingly causes physical injury to a pregnant woman in the commission of a felony or a Class A misdemeanor, and in so doing, causes serious physical injury to the pregnant woman's unborn child, and the unborn child is subsequently born alive;

(7) The person knowingly, without legal justification, causes serious physical injury to a person he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger;

(8) With the purpose of causing physical injury to another person, the person causes physical injury to any person by means of a firearm; or

(9) The person knowingly causes serious physical injury to any person four (4) years of age or younger under circumstances manifesting extreme indifference to the value of human life.

(b) It is an affirmative defense in any prosecution under subdivision (a)(4) of this section in which the defendant was not the only participant that the defendant: (1) Did not commit the battery or in any way solicit, command, induce, procure, counsel, or aid the battery's commission; (2) Was not armed with a deadly weapon; (3) Reasonably believed that no other participant was armed with a deadly weapon; and (4) Reasonably believed that no other participant intended to engage in conduct that could result in serious physical injury.

(1) Did not commit the battery or in any way solicit, command, induce, procure, counsel, or aid the battery's commission;

(2) Was not armed with a deadly weapon;

(3) Reasonably believed that no other participant was armed with a deadly weapon; and

(4) Reasonably believed that no other participant intended to engage in conduct that could result in serious physical injury.

(c) (1) Except as provided in subdivisions (c)(2) and (3) of this section, battery in the first degree is a Class B felony. (2) Battery in the first degree is a Class Y felony under the circumstances described in subdivision (a)(2) or subdivision (a)(9) of this section. (3) Battery in the first degree is a Class Y felony if the injured person is a law enforcement officer or an employee of a correctional facility, and is acting in the line of duty.

(1) Except as provided in subdivisions (c)(2) and (3) of this section, battery in the first degree is a Class B felony.

(2) Battery in the first degree is a Class Y felony under the circumstances described in subdivision (a)(2) or subdivision (a)(9) of this section.

(3) Battery in the first degree is a Class Y felony if the injured person is a law enforcement officer or an employee of a correctional facility, and is acting in the line of duty.

(d) As used in this section, "employee of a correctional facility" means a person who is employed by or working under a professional services contract with the Division of Correction or the Division of Community Correction.

Amended by Act 2019, No. 582,§ 1, eff. 3/29/2019.

Amended by Act 2019, No. 498,§ 1, eff. 7/24/2019.

Acts 1975, No. 280, § 1601; A.S.A. 1947, § 41-1601; Acts 1987, No. 482, § 1; 1995, No. 360, § 1; 1995, No. 1305, § 1; 2005, No. 1994, § 474; 2007, No. 622, § 1; No. 709, § 2; No. 827, § 26.
Ark. Code Ann. § 5-2-403 — AR Code / Title 5 / Chapter 2 / Subchapter 4 / Section 5-2-403
Accomplices
Status: in_force

(a) A person is an accomplice of another person in the commission of an offense if, with the purpose of promoting or facilitating the commission of an offense, the person: (1) Solicits, advises, encourages, or coerces the other person to commit the offense; (2) Aids, agrees to aid, or attempts to aid the other person in planning or committing the offense; or (3) Having a legal duty to prevent the commission of the offense, fails to make a proper effort to prevent the commission of the offense. (b) When causing a particular result is an element of an offense, a person is an accomplice of another person in the commission of that offense if, acting with respect to that particular result with the kind of culpable mental state sufficient for the commission of the offense, the person: (1) Solicits, advises, encourages, or coerces the other person to engage in the conduct causing the particular result; (2) Aids, agrees to aid, or attempts to aid the other person in planning or engaging in the conduct causing the particular result; or (3) Having a legal duty to prevent the conduct causing the particular result, fails to make a proper effort to prevent the conduct causing the particular result. Acts 1975, No. 280, § 303; A.S.A. 1947, § 41-303.

(a) A person is an accomplice of another person in the commission of an offense if, with the purpose of promoting or facilitating the commission of an offense, the person: (1) Solicits, advises, encourages, or coerces the other person to commit the offense; (2) Aids, agrees to aid, or attempts to aid the other person in planning or committing the offense; or (3) Having a legal duty to prevent the commission of the offense, fails to make a proper effort to prevent the commission of the offense.

(1) Solicits, advises, encourages, or coerces the other person to commit the offense;

(2) Aids, agrees to aid, or attempts to aid the other person in planning or committing the offense; or

(3) Having a legal duty to prevent the commission of the offense, fails to make a proper effort to prevent the commission of the offense.

(b) When causing a particular result is an element of an offense, a person is an accomplice of another person in the commission of that offense if, acting with respect to that particular result with the kind of culpable mental state sufficient for the commission of the offense, the person: (1) Solicits, advises, encourages, or coerces the other person to engage in the conduct causing the particular result; (2) Aids, agrees to aid, or attempts to aid the other person in planning or engaging in the conduct causing the particular result; or (3) Having a legal duty to prevent the conduct causing the particular result, fails to make a proper effort to prevent the conduct causing the particular result.

(1) Solicits, advises, encourages, or coerces the other person to engage in the conduct causing the particular result;

(2) Aids, agrees to aid, or attempts to aid the other person in planning or engaging in the conduct causing the particular result; or

(3) Having a legal duty to prevent the conduct causing the particular result, fails to make a proper effort to prevent the conduct causing the particular result.

Acts 1975, No. 280, § 303; A.S.A. 1947, § 41-303.
Ark. Code Ann. § 5-64-442 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-442
Possession with the purpose to deliver, delivery, or manufacture of a counterfeit substance
Status: in_force

(a) Except as authorized by this chapter, it is unlawful for any person to possess with the purpose to deliver, deliver, or manufacture a counterfeit substance. Purpose to deliver may be shown by any of the following factors: (1) The person possesses the means to weigh, separate, or package a counterfeit substance; (2) The person possesses a record indicating a drug-related transaction; (3) The counterfeit substance is separated and packaged in a manner to facilitate delivery; (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the counterfeit substance; (5) The person possesses at least two (2) other controlled substances or counterfeit substances in any amount; or (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a counterfeit substance. (b) Any person who violates this section with respect to: (1) A counterfeit substance purporting to be a Schedule I or Schedule II controlled substance upon conviction is guilty of a Class C felony; (2) A counterfeit substance purporting to be a Schedule III controlled substance upon conviction is guilty of a Class D felony; or (3) A counterfeit substance purporting to be a Schedule IV, Schedule V, or Schedule VI controlled substance or that is not classified as a scheduled controlled substance upon conviction is guilty of a Class A misdemeanor. Amended by Act 2013, No. 1125,§ 14, eff. 8/16/2013. Amended by Act 2013, No. 529,§ 5, eff. 8/16/2013. Acts 2011, No. 570, § 62.

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

(1) The person possesses the means to weigh, separate, or package a counterfeit substance;

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

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

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

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

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

(b) Any person who violates this section with respect to: (1) A counterfeit substance purporting to be a Schedule I or Schedule II controlled substance upon conviction is guilty of a Class C felony; (2) A counterfeit substance purporting to be a Schedule III controlled substance upon conviction is guilty of a Class D felony; or (3) A counterfeit substance purporting to be a Schedule IV, Schedule V, or Schedule VI controlled substance or that is not classified as a scheduled controlled substance upon conviction is guilty of a Class A misdemeanor.

(1) A counterfeit substance purporting to be a Schedule I or Schedule II controlled substance upon conviction is guilty of a Class C felony;

(2) A counterfeit substance purporting to be a Schedule III controlled substance upon conviction is guilty of a Class D felony; or

(3) A counterfeit substance purporting to be a Schedule IV, Schedule V, or Schedule VI controlled substance or that is not classified as a scheduled controlled substance upon conviction is guilty of a Class A misdemeanor.

Amended by Act 2013, No. 1125,§ 14, eff. 8/16/2013.

Amended by Act 2013, No. 529,§ 5, eff. 8/16/2013.

Acts 2011, No. 570, § 62.
Ark. Code Ann. § 5-73-204 — AR Code / Title 5 / Chapter 73 / Subchapter 2 / Section 5-73-204
Possession or use for offensive or aggressive purposes unlawful
Status: in_force

Possession or use of a machine gun for offensive or aggressive purpose is declared to be a crime punishable by imprisonment in the state penitentiary for a term of not less than ten (10) years. Acts 1935, No. 80, § 3; Pope's Dig., § 3516; A.S.A. 1947, § 41-3159.

Possession or use of a machine gun for offensive or aggressive purpose is declared to be a crime punishable by imprisonment in the state penitentiary for a term of not less than ten (10) years.

Acts 1935, No. 80, § 3; Pope's Dig., § 3516; A.S.A. 1947, § 41-3159.
Ark. Code Ann. § 5-63-202 — AR Code / Title 5 / Chapter 63 / Subchapter 2 / Section 5-63-202
Requiring borrower to pay contribution to substitute one insurance policy for another
Status: in_force

(a) No person, firm, or corporation engaged in the business of financing the purchase of real or personal property or of lending money on the security of real or personal property and no trustee, director, officer, agent, or other employee of any person, firm, or corporation engaged in the business of financing the purchase of real or personal property or of lending money on the security of real or personal property shall directly or indirectly require that a borrower pay a consideration of any kind to substitute the insurance policy of one (1) insurer for that of another insurer. (b) Any violation of a provision of this section constitutes a violation, and upon conviction the violator shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense. Acts 1957, No. 229, §§ 1, 2; A.S.A. 1947, §§ 41-4153, 41-4154; Acts 2005, No. 1994, § 53.

(a) No person, firm, or corporation engaged in the business of financing the purchase of real or personal property or of lending money on the security of real or personal property and no trustee, director, officer, agent, or other employee of any person, firm, or corporation engaged in the business of financing the purchase of real or personal property or of lending money on the security of real or personal property shall directly or indirectly require that a borrower pay a consideration of any kind to substitute the insurance policy of one (1) insurer for that of another insurer.

(b) Any violation of a provision of this section constitutes a violation, and upon conviction the violator shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense.

Acts 1957, No. 229, §§ 1, 2; A.S.A. 1947, §§ 41-4153, 41-4154; Acts 2005, No. 1994, § 53.
Ark. Code Ann. § 5-73-110 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-110
Disarming minors and mentally defective or mentally irresponsible persons - Disposition of property seized
Status: in_force

(a) Subject to constitutional limitation, nothing in this section and §§ 5-73-101 - 5-73-109 shall be construed to prohibit a law enforcement officer from disarming, without arresting, a minor or person who reasonably appears to be mentally defective or otherwise mentally irresponsible when that person is in possession of a deadly weapon. (b) Property seized under subsection (a) of this section shall be: (1) Held for seventy-two (72) hours by the law enforcement agency employing the law enforcement officer who seized the property; and (2) After the seventy-two-hour hold and upon request and presentation of valid proof of ownership, returned to the: (A) Owner, if he or she is eighteen (18) years of age or older and may lawfully possess the property; or (B) Parent or legal guardian of the owner, if the owner is a minor and the parent or legal guardian may lawfully possess the property. Amended by Act 2015, No. 688,§ 1, eff. 7/22/2015. Acts 1975, No. 280, § 3110; A.S.A. 1947, § 41-3110.

(a) Subject to constitutional limitation, nothing in this section and §§ 5-73-101 - 5-73-109 shall be construed to prohibit a law enforcement officer from disarming, without arresting, a minor or person who reasonably appears to be mentally defective or otherwise mentally irresponsible when that person is in possession of a deadly weapon.

(b) Property seized under subsection (a) of this section shall be: (1) Held for seventy-two (72) hours by the law enforcement agency employing the law enforcement officer who seized the property; and (2) After the seventy-two-hour hold and upon request and presentation of valid proof of ownership, returned to the: (A) Owner, if he or she is eighteen (18) years of age or older and may lawfully possess the property; or (B) Parent or legal guardian of the owner, if the owner is a minor and the parent or legal guardian may lawfully possess the property.

(1) Held for seventy-two (72) hours by the law enforcement agency employing the law enforcement officer who seized the property; and

(2) After the seventy-two-hour hold and upon request and presentation of valid proof of ownership, returned to the: (A) Owner, if he or she is eighteen (18) years of age or older and may lawfully possess the property; or (B) Parent or legal guardian of the owner, if the owner is a minor and the parent or legal guardian may lawfully possess the property.

(A) Owner, if he or she is eighteen (18) years of age or older and may lawfully possess the property; or

(B) Parent or legal guardian of the owner, if the owner is a minor and the parent or legal guardian may lawfully possess the property.

Amended by Act 2015, No. 688,§ 1, eff. 7/22/2015.

Acts 1975, No. 280, § 3110; A.S.A. 1947, § 41-3110.
Ark. Code Ann. § 5-55-202 — AR Code / Title 5 / Chapter 55 / Subchapter 2 / Section 5-55-202
Illegal use, transfer, acquisition, or possession of vouchers
Status: in_force

Any person who knowingly uses, transfers, acquires, or possesses vouchers in any manner not authorized by the federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) authorized by the Child Nutrition Act of 1966, 42 U.S.C. § 1771 et seq., as amended, or federal regulations and state rules issued pursuant to the Child Nutrition Act of 1966, 42 U.S.C. § 1771 et seq., if the vouchers are of a value of less than one hundred dollars ($100), is guilty of a Class A misdemeanor. Amended by Act 2019, No. 315,§ 154, eff. 7/24/2019. Acts 1979, No. 714, § 2; A.S.A. 1947, § 41-4302; Acts 1993, No. 489, § 2; 2005, No. 1994, § 222.

Any person who knowingly uses, transfers, acquires, or possesses vouchers in any manner not authorized by the federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) authorized by the Child Nutrition Act of 1966, 42 U.S.C. § 1771 et seq., as amended, or federal regulations and state rules issued pursuant to the Child Nutrition Act of 1966, 42 U.S.C. § 1771 et seq., if the vouchers are of a value of less than one hundred dollars ($100), is guilty of a Class A misdemeanor.

Amended by Act 2019, No. 315,§ 154, eff. 7/24/2019.

Acts 1979, No. 714, § 2; A.S.A. 1947, § 41-4302; Acts 1993, No. 489, § 2; 2005, No. 1994, § 222.
Ark. Code Ann. § 5-64-422 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-422
Delivery of methamphetamine, heroin, or cocaine
Status: in_force

(a) Except as provided by this chapter, it is unlawful for a person to deliver methamphetamine, heroin, or cocaine. (b) (1) A person who delivers less than two grams (2g) by aggregate weight, including an adulterant or diluent, of methamphetamine, heroin, or cocaine upon conviction is guilty of a Class C felony. (2) A person who delivers two grams (2g) or more but less than ten grams (10g) by aggregate weight, including an adulterant or diluent, of methamphetamine, heroin, or cocaine upon conviction is guilty of a Class B felony. (3) A person who delivers ten grams (10g) or more but less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of methamphetamine, heroin, or cocaine upon conviction is guilty of a Class Y felony. Amended by Act 2021, No. 887,§ 5, eff. 7/28/2021. Acts 2011, No. 570, § 46.

(a) Except as provided by this chapter, it is unlawful for a person to deliver methamphetamine, heroin, or cocaine.

(b) (1) A person who delivers less than two grams (2g) by aggregate weight, including an adulterant or diluent, of methamphetamine, heroin, or cocaine upon conviction is guilty of a Class C felony. (2) A person who delivers two grams (2g) or more but less than ten grams (10g) by aggregate weight, including an adulterant or diluent, of methamphetamine, heroin, or cocaine upon conviction is guilty of a Class B felony. (3) A person who delivers ten grams (10g) or more but less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of methamphetamine, heroin, or cocaine upon conviction is guilty of a Class Y felony.

(1) A person who delivers less than two grams (2g) by aggregate weight, including an adulterant or diluent, of methamphetamine, heroin, or cocaine upon conviction is guilty of a Class C felony.

(2) A person who delivers two grams (2g) or more but less than ten grams (10g) by aggregate weight, including an adulterant or diluent, of methamphetamine, heroin, or cocaine upon conviction is guilty of a Class B felony.

(3) A person who delivers ten grams (10g) or more but less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of methamphetamine, heroin, or cocaine upon conviction is guilty of a Class Y felony.

Amended by Act 2021, No. 887,§ 5, eff. 7/28/2021.

Acts 2011, No. 570, § 46.
Ark. Code Ann. § 5-36-404 — AR Code / Title 5 / Chapter 36 / Subchapter 4 / Section 5-36-404
Unlawful removal of a theft detection device
Status: in_force

(a) A person commits the offense of unlawful removal of a theft detection device if the person knowingly removes a theft detection device from merchandise prior to purchase with the intent to commit theft or retail theft. (b) (1) The unlawful removal of a theft detection device is a Class A misdemeanor. (2) A subsequent violation of this section is a Class D felony. Acts 2001, No. 1194, § 4.

(a) A person commits the offense of unlawful removal of a theft detection device if the person knowingly removes a theft detection device from merchandise prior to purchase with the intent to commit theft or retail theft.

(b) (1) The unlawful removal of a theft detection device is a Class A misdemeanor. (2) A subsequent violation of this section is a Class D felony.

(1) The unlawful removal of a theft detection device is a Class A misdemeanor.

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

Acts 2001, No. 1194, § 4.
Ark. Code Ann. § 5-73-133 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-133
Possession of a taser stun gun
Status: in_force

(a) As used in this section, "taser stun gun" means any device that: (1) Is powered by an electrical charging unit such as a battery; and (2) Either: (A) Emits an electrical charge in excess of twenty thousand (20,000) volts; or (B) Is otherwise capable of incapacitating a person by an electrical charge. (b) (1) No person who is eighteen (18) years of age or under may purchase or possess a taser stun gun. (2) No person shall sell, barter, lease, give, rent, or otherwise furnish a taser stun gun to a person who is eighteen (18) years of age or under. (c) Any law enforcement officer using a taser stun gun shall be properly trained in the use of the taser stun gun and informed of any danger or risk of serious harm and injury that may be caused by the use of the taser stun gun on a person. (d) (1) A person who violates subdivision (b)(1) of this section is deemed guilty of an unclassified misdemeanor punishable by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (2) A person who violates subdivision (b)(2) of this section is deemed guilty of a Class B felony. Acts 2005, No. 2153, § 1.

(a) As used in this section, "taser stun gun" means any device that: (1) Is powered by an electrical charging unit such as a battery; and (2) Either: (A) Emits an electrical charge in excess of twenty thousand (20,000) volts; or (B) Is otherwise capable of incapacitating a person by an electrical charge.

(1) Is powered by an electrical charging unit such as a battery; and

(2) Either: (A) Emits an electrical charge in excess of twenty thousand (20,000) volts; or (B) Is otherwise capable of incapacitating a person by an electrical charge.

(A) Emits an electrical charge in excess of twenty thousand (20,000) volts; or

(B) Is otherwise capable of incapacitating a person by an electrical charge.

(b) (1) No person who is eighteen (18) years of age or under may purchase or possess a taser stun gun. (2) No person shall sell, barter, lease, give, rent, or otherwise furnish a taser stun gun to a person who is eighteen (18) years of age or under.

(1) No person who is eighteen (18) years of age or under may purchase or possess a taser stun gun.

(2) No person shall sell, barter, lease, give, rent, or otherwise furnish a taser stun gun to a person who is eighteen (18) years of age or under.

(c) Any law enforcement officer using a taser stun gun shall be properly trained in the use of the taser stun gun and informed of any danger or risk of serious harm and injury that may be caused by the use of the taser stun gun on a person.

(d) (1) A person who violates subdivision (b)(1) of this section is deemed guilty of an unclassified misdemeanor punishable by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (2) A person who violates subdivision (b)(2) of this section is deemed guilty of a Class B felony.

(1) A person who violates subdivision (b)(1) of this section is deemed guilty of an unclassified misdemeanor punishable by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

(2) A person who violates subdivision (b)(2) of this section is deemed guilty of a Class B felony.

Acts 2005, No. 2153, § 1.
Ark. Code Ann. § 5-3-103 — AR Code / Title 5 / Chapter 3 / Subchapter 1 / Section 5-3-103
Solicitation and conspiracy - Defenses and claims that are not defenses
Status: in_force

(a) It is a defense to a prosecution for solicitation or conspiracy to commit an offense that: (1) The defendant is a victim of the offense; or (2) The offense is defined so that the defendant's conduct is inevitably incident to the commission of the offense. (b) It is not a defense to a prosecution for conspiracy or solicitation to commit an offense that: (1) The defendant or the person whom the defendant solicits or with whom the defendant conspires does not occupy a particular position or have a particular characteristic that is an element of that offense, if the defendant believes that one (1) of the persons does; (2) The person whom the defendant solicits or with whom the defendant conspires is irresponsible or is immune to prosecution or conviction for the commission of the offense or has feigned agreement; (3) The person whom the defendant solicits or with whom the defendant conspires has not been charged with, prosecuted for, convicted of, or has been acquitted of an offense based upon the conduct alleged or has been convicted of a different offense or degree of offense, even if the defendant and the person whom the defendant solicits or with whom the defendant conspires were tried jointly; (4) The person whom the defendant solicits or with whom the defendant conspires could not be guilty of committing that offense because that person is unaware of the criminal nature of the conduct in question or of the defendant's criminal purpose; or (5) The offense charged, as defined, can be committed only by a particular class of persons, and the defendant, not belonging to that particular class of persons, is for that reason legally incapable of committing the offense in an individual capacity unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing the defendant's incapacity. Acts 1975, No. 280, § 713; A.S.A. 1947, § 41-713; Acts 1995, No. 1294, § 2.

(a) It is a defense to a prosecution for solicitation or conspiracy to commit an offense that: (1) The defendant is a victim of the offense; or (2) The offense is defined so that the defendant's conduct is inevitably incident to the commission of the offense.

(1) The defendant is a victim of the offense; or

(2) The offense is defined so that the defendant's conduct is inevitably incident to the commission of the offense.

(b) It is not a defense to a prosecution for conspiracy or solicitation to commit an offense that: (1) The defendant or the person whom the defendant solicits or with whom the defendant conspires does not occupy a particular position or have a particular characteristic that is an element of that offense, if the defendant believes that one (1) of the persons does; (2) The person whom the defendant solicits or with whom the defendant conspires is irresponsible or is immune to prosecution or conviction for the commission of the offense or has feigned agreement; (3) The person whom the defendant solicits or with whom the defendant conspires has not been charged with, prosecuted for, convicted of, or has been acquitted of an offense based upon the conduct alleged or has been convicted of a different offense or degree of offense, even if the defendant and the person whom the defendant solicits or with whom the defendant conspires were tried jointly; (4) The person whom the defendant solicits or with whom the defendant conspires could not be guilty of committing that offense because that person is unaware of the criminal nature of the conduct in question or of the defendant's criminal purpose; or (5) The offense charged, as defined, can be committed only by a particular class of persons, and the defendant, not belonging to that particular class of persons, is for that reason legally incapable of committing the offense in an individual capacity unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing the defendant's incapacity.

(1) The defendant or the person whom the defendant solicits or with whom the defendant conspires does not occupy a particular position or have a particular characteristic that is an element of that offense, if the defendant believes that one (1) of the persons does;

(2) The person whom the defendant solicits or with whom the defendant conspires is irresponsible or is immune to prosecution or conviction for the commission of the offense or has feigned agreement;

(3) The person whom the defendant solicits or with whom the defendant conspires has not been charged with, prosecuted for, convicted of, or has been acquitted of an offense based upon the conduct alleged or has been convicted of a different offense or degree of offense, even if the defendant and the person whom the defendant solicits or with whom the defendant conspires were tried jointly;

(4) The person whom the defendant solicits or with whom the defendant conspires could not be guilty of committing that offense because that person is unaware of the criminal nature of the conduct in question or of the defendant's criminal purpose; or

(5) The offense charged, as defined, can be committed only by a particular class of persons, and the defendant, not belonging to that particular class of persons, is for that reason legally incapable of committing the offense in an individual capacity unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing the defendant's incapacity.

Acts 1975, No. 280, § 713; A.S.A. 1947, § 41-713; Acts 1995, No. 1294, § 2.
Ark. Code Ann. § 5-26-305 — AR Code / Title 5 / Chapter 26 / Subchapter 3 / Section 5-26-305
Domestic battering in the third degree
Status: in_force

(a) A person commits domestic battering in the third degree if: (1) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member; (2) The person recklessly causes physical injury to a family or household member; (3) The person negligently causes physical injury to a family or household member by means of a deadly weapon; or (4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to a family or household member by administering to the family or household member, without the family or household member's consent, any drug or other substance. (b) (1) Domestic battering in the third degree is a Class A misdemeanor. (2) However, domestic battering in the third degree is a Class D felony if: (A) Committed against a woman the person knew or reasonably should have known was pregnant; or (B) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the third degree: (i) Domestic battering in the first degree, § 5-26-303 ; (ii) Domestic battering in the second degree, § 5-26-304 ; (iii) Domestic battering in the third degree; (iv) Aggravated assault on a family or household member, § 5-26-306 ; or (v) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction. Amended by Act 2023, No. 736,§ 7, eff. 8/1/2023. Amended by Act 2021, No. 1086,§ 2, eff. 7/28/2021. Amended by Act 2015, No. 1155,§ 5, eff. 7/22/2015. Amended by Act 2013, No. 417,§ 3, eff. 8/16/2013. Acts 1979, No. 396, § 3; A.S.A. 1947, § 41-1655; Acts 1995, No. 1291, § 3; 1999, No. 1365, § 3; 2001, No. 1553, § 10; 2003, No. 944, § 3; 2003, No. 1079, § 1; 2005, No. 1994, § 481; 2009, No. 333, § 1.

(a) A person commits domestic battering in the third degree if: (1) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member; (2) The person recklessly causes physical injury to a family or household member; (3) The person negligently causes physical injury to a family or household member by means of a deadly weapon; or (4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to a family or household member by administering to the family or household member, without the family or household member's consent, any drug or other substance.

(1) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member;

(2) The person recklessly causes physical injury to a family or household member;

(3) The person negligently causes physical injury to a family or household member by means of a deadly weapon; or

(4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to a family or household member by administering to the family or household member, without the family or household member's consent, any drug or other substance.

(b) (1) Domestic battering in the third degree is a Class A misdemeanor. (2) However, domestic battering in the third degree is a Class D felony if: (A) Committed against a woman the person knew or reasonably should have known was pregnant; or (B) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the third degree: (i) Domestic battering in the first degree, § 5-26-303 ; (ii) Domestic battering in the second degree, § 5-26-304 ; (iii) Domestic battering in the third degree; (iv) Aggravated assault on a family or household member, § 5-26-306 ; or (v) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction.

(1) Domestic battering in the third degree is a Class A misdemeanor.

(2) However, domestic battering in the third degree is a Class D felony if: (A) Committed against a woman the person knew or reasonably should have known was pregnant; or (B) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the third degree: (i) Domestic battering in the first degree, § 5-26-303 ; (ii) Domestic battering in the second degree, § 5-26-304 ; (iii) Domestic battering in the third degree; (iv) Aggravated assault on a family or household member, § 5-26-306 ; or (v) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction.

(A) Committed against a woman the person knew or reasonably should have known was pregnant; or

(B) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the third degree: (i) Domestic battering in the first degree, § 5-26-303 ; (ii) Domestic battering in the second degree, § 5-26-304 ; (iii) Domestic battering in the third degree; (iv) Aggravated assault on a family or household member, § 5-26-306 ; or (v) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction.

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

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

(iii) Domestic battering in the third degree;

(iv) Aggravated assault on a family or household member, § 5-26-306 ; or

(v) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction.

Amended by Act 2023, No. 736,§ 7, eff. 8/1/2023.

Amended by Act 2021, No. 1086,§ 2, eff. 7/28/2021.

Amended by Act 2015, No. 1155,§ 5, eff. 7/22/2015.

Amended by Act 2013, No. 417,§ 3, eff. 8/16/2013.

Acts 1979, No. 396, § 3; A.S.A. 1947, § 41-1655; Acts 1995, No. 1291, § 3; 1999, No. 1365, § 3; 2001, No. 1553, § 10; 2003, No. 944, § 3; 2003, No. 1079, § 1; 2005, No. 1994, § 481; 2009, No. 333, § 1.
Ark. Code Ann. § 5-26-411 — AR Code / Title 5 / Chapter 26 / Subchapter 4 / Section 5-26-411
Evidence of marriage and parentage - Spouse as witness
Status: in_force

(a) No other evidence is required to prove marriage of a husband and wife or that the defendant is the lawful parent of a legitimate child or has acknowledged paternity of an illegitimate child than is required to prove this fact in a civil action. (b) The spouse and parent is a competent witness to testify in any case brought under this chapter and to a matter relevant to this chapter, including the fact of the marriage and the parentage of the child. (c) A legally adopted child and a child whose parentage was determined in a paternity proceeding is within the provisions of this chapter and no proof other than an order of a proper court is required to prove parentage. Acts 1951, No. 67, § 10, as amended and renumbered by Acts 1953, No. 242, § 11; 1981, No. 633, § 4; A.S.A. 1947, § 41-2458; Acts 1995, No. 1296, § 3.

(a) No other evidence is required to prove marriage of a husband and wife or that the defendant is the lawful parent of a legitimate child or has acknowledged paternity of an illegitimate child than is required to prove this fact in a civil action.

(b) The spouse and parent is a competent witness to testify in any case brought under this chapter and to a matter relevant to this chapter, including the fact of the marriage and the parentage of the child.

(c) A legally adopted child and a child whose parentage was determined in a paternity proceeding is within the provisions of this chapter and no proof other than an order of a proper court is required to prove parentage.

Acts 1951, No. 67, § 10, as amended and renumbered by Acts 1953, No. 242, § 11; 1981, No. 633, § 4; A.S.A. 1947, § 41-2458; Acts 1995, No. 1296, § 3.
Ark. Code Ann. § 5-71-205 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-205
Unlawful assembly
Status: in_force

(a) A person commits the offense of unlawful assembly if he or she: (1) Assembles with two (2) or more other persons; and (2) Has the purpose of engaging in conduct constituting a riot. (b) Unlawful assembly is a Class C misdemeanor. Acts 1975, No. 280, § 2906; A.S.A. 1947, § 41-2906.

(a) A person commits the offense of unlawful assembly if he or she: (1) Assembles with two (2) or more other persons; and (2) Has the purpose of engaging in conduct constituting a riot.

(1) Assembles with two (2) or more other persons; and

(2) Has the purpose of engaging in conduct constituting a riot.

(b) Unlawful assembly is a Class C misdemeanor.

Acts 1975, No. 280, § 2906; A.S.A. 1947, § 41-2906.
Ark. Code Ann. § 5-42-201 — AR Code / Title 5 / Chapter 42 / Subchapter 2 / Section 5-42-201
Title
Status: in_force

This subchapter shall be known as the "Arkansas Criminal Use of Property or Laundering Criminal Proceeds Act". Acts 1993, No. 1148, § 1; 2005, No. 1962, § 6.

This subchapter shall be known as the "Arkansas Criminal Use of Property or Laundering Criminal Proceeds Act".

Acts 1993, No. 1148, § 1; 2005, No. 1962, § 6.
Ark. Code Ann. § 5-68-412 — AR Code / Title 5 / Chapter 68 / Subchapter 4 / Section 5-68-412
Injunctions
Status: in_force

(a) Any order granting an injunction shall: (1) Set forth the reasons for its issuance; (2) Be specific in terms; (3) Describe in reasonable detail, and not by reference to the complaint or other document, the act sought to be restrained; and (4) Be binding only upon the respondents to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation by contract or arrangement with the respondents that receive actual notice of the order by personal service or otherwise. (b) A copy of any order of the circuit court in finding any matter to be obscene and any order of injunction issued in regard to the matter shall be served upon all persons, and in the same manner, as is provided in § 5-68-408 . Acts 1961, No. 261, § 11; A.S.A. 1947, § 41-3572.

(a) Any order granting an injunction shall: (1) Set forth the reasons for its issuance; (2) Be specific in terms; (3) Describe in reasonable detail, and not by reference to the complaint or other document, the act sought to be restrained; and (4) Be binding only upon the respondents to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation by contract or arrangement with the respondents that receive actual notice of the order by personal service or otherwise.

(1) Set forth the reasons for its issuance;

(2) Be specific in terms;

(3) Describe in reasonable detail, and not by reference to the complaint or other document, the act sought to be restrained; and

(4) Be binding only upon the respondents to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation by contract or arrangement with the respondents that receive actual notice of the order by personal service or otherwise.

(b) A copy of any order of the circuit court in finding any matter to be obscene and any order of injunction issued in regard to the matter shall be served upon all persons, and in the same manner, as is provided in § 5-68-408 .

Acts 1961, No. 261, § 11; A.S.A. 1947, § 41-3572.
Ark. Code Ann. § 5-27-230 — AR Code / Title 5 / Chapter 27 / Subchapter 2 / Section 5-27-230
Exposing a child to a chemical substance or methamphetamine
Status: in_force

(a) As used in this section: (1) (A) "Chemical substance" means a substance intended to be used as a precursor in the manufacture of methamphetamine, or any other chemical intended to be used in the manufacture of methamphetamine. (B) Intent may be demonstrated by the substance's: (i) Use; (ii) Quantity; (iii) Manner of storage; or (iv) Proximity to another precursor or equipment used to manufacture methamphetamine; (2) "Child" means any person under eighteen (18) years of age; and (3) "Methamphetamine" has the same meaning as provided in the Uniform Controlled Substances Act, § 5-64-101 et seq. (b) (1) Any adult who, with the intent to manufacture methamphetamine, knowingly causes or permits a child to be exposed to, ingest, inhale, or have any contact with a chemical substance or methamphetamine is guilty of a Class C felony. (2) Any adult who violates subdivision (b)(1) of this section is guilty of a Class B felony if a child suffers physical injury or serious physical injury because of the violation. Acts 2003, No. 930, § 1.

(a) As used in this section: (1) (A) "Chemical substance" means a substance intended to be used as a precursor in the manufacture of methamphetamine, or any other chemical intended to be used in the manufacture of methamphetamine. (B) Intent may be demonstrated by the substance's: (i) Use; (ii) Quantity; (iii) Manner of storage; or (iv) Proximity to another precursor or equipment used to manufacture methamphetamine; (2) "Child" means any person under eighteen (18) years of age; and (3) "Methamphetamine" has the same meaning as provided in the Uniform Controlled Substances Act, § 5-64-101 et seq.

(1) (A) "Chemical substance" means a substance intended to be used as a precursor in the manufacture of methamphetamine, or any other chemical intended to be used in the manufacture of methamphetamine. (B) Intent may be demonstrated by the substance's: (i) Use; (ii) Quantity; (iii) Manner of storage; or (iv) Proximity to another precursor or equipment used to manufacture methamphetamine;

(A) "Chemical substance" means a substance intended to be used as a precursor in the manufacture of methamphetamine, or any other chemical intended to be used in the manufacture of methamphetamine.

(B) Intent may be demonstrated by the substance's: (i) Use; (ii) Quantity; (iii) Manner of storage; or (iv) Proximity to another precursor or equipment used to manufacture methamphetamine;

(i) Use;

(ii) Quantity;

(iii) Manner of storage; or

(iv) Proximity to another precursor or equipment used to manufacture methamphetamine;

(2) "Child" means any person under eighteen (18) years of age; and

(3) "Methamphetamine" has the same meaning as provided in the Uniform Controlled Substances Act, § 5-64-101 et seq.

(b) (1) Any adult who, with the intent to manufacture methamphetamine, knowingly causes or permits a child to be exposed to, ingest, inhale, or have any contact with a chemical substance or methamphetamine is guilty of a Class C felony. (2) Any adult who violates subdivision (b)(1) of this section is guilty of a Class B felony if a child suffers physical injury or serious physical injury because of the violation.

(1) Any adult who, with the intent to manufacture methamphetamine, knowingly causes or permits a child to be exposed to, ingest, inhale, or have any contact with a chemical substance or methamphetamine is guilty of a Class C felony.

(2) Any adult who violates subdivision (b)(1) of this section is guilty of a Class B felony if a child suffers physical injury or serious physical injury because of the violation.

Acts 2003, No. 930, § 1.
Ark. Code Ann. § 5-65-203 — AR Code / Title 5 / Chapter 65 / Subchapter 2 / Section 5-65-203
Administration of a chemical test
Status: in_force

(a) One (1) or more chemical tests authorized in § 5-65-202 shall be administered at the direction of a law enforcement officer having reasonable cause to believe the person to have been operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood. (b) (1) The law enforcement agency by which the law enforcement officer is employed shall designate which chemical test or chemical tests shall be administered, and the law enforcement agency is responsible for paying any expense incurred in conducting the chemical test or chemical tests. (2) If the person tested requests that additional chemical test or chemical tests be made as authorized in § 5-65-204(d) , the cost of the additional chemical test or chemical tests shall be borne by the person tested, unless the person is found not guilty, in which case the arresting law enforcement agency shall reimburse the person for the cost of the additional chemical test or chemical tests. (3) If a person objects to the taking of his or her blood for a chemical test as authorized in this chapter, the breath, saliva, or urine of the person may be used for the chemical test. Amended by Act 2015, No. 299,§ 8, eff. 7/22/2015. Amended by Act 2013, No. 361,§ 5, eff. 8/16/2013. Acts 1969, No. 106, § 1; 1971, No. 55, § 1; 1971, No. 306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549, § 11; A.S.A. 1947, § 75-1045; Acts 1987, No. 75, § 1; 2001, No. 561, § 8; 2009, No. 431, § 2.

(a) One (1) or more chemical tests authorized in § 5-65-202 shall be administered at the direction of a law enforcement officer having reasonable cause to believe the person to have been operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood.

(b) (1) The law enforcement agency by which the law enforcement officer is employed shall designate which chemical test or chemical tests shall be administered, and the law enforcement agency is responsible for paying any expense incurred in conducting the chemical test or chemical tests. (2) If the person tested requests that additional chemical test or chemical tests be made as authorized in § 5-65-204(d) , the cost of the additional chemical test or chemical tests shall be borne by the person tested, unless the person is found not guilty, in which case the arresting law enforcement agency shall reimburse the person for the cost of the additional chemical test or chemical tests. (3) If a person objects to the taking of his or her blood for a chemical test as authorized in this chapter, the breath, saliva, or urine of the person may be used for the chemical test.

(1) The law enforcement agency by which the law enforcement officer is employed shall designate which chemical test or chemical tests shall be administered, and the law enforcement agency is responsible for paying any expense incurred in conducting the chemical test or chemical tests.

(2) If the person tested requests that additional chemical test or chemical tests be made as authorized in § 5-65-204(d) , the cost of the additional chemical test or chemical tests shall be borne by the person tested, unless the person is found not guilty, in which case the arresting law enforcement agency shall reimburse the person for the cost of the additional chemical test or chemical tests.

(3) If a person objects to the taking of his or her blood for a chemical test as authorized in this chapter, the breath, saliva, or urine of the person may be used for the chemical test.

Amended by Act 2015, No. 299,§ 8, eff. 7/22/2015.

Amended by Act 2013, No. 361,§ 5, eff. 8/16/2013.

Acts 1969, No. 106, § 1; 1971, No. 55, § 1; 1971, No. 306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549, § 11; A.S.A. 1947, § 75-1045; Acts 1987, No. 75, § 1; 2001, No. 561, § 8; 2009, No. 431, § 2.
Ark. Code Ann. § 5-64-704 — AR Code / Title 5 / Chapter 64 / Subchapter 7 / Section 5-64-704
Consent to inspection
Status: in_force

An administrative inspection warrant is not required if informed consent is obtained from the owner, operator, or agent-in-charge of the controlled premises to be inspected. Acts 1979, No. 898, § 19; A.S.A. 1947, § 82-2632.3.

An administrative inspection warrant is not required if informed consent is obtained from the owner, operator, or agent-in-charge of the controlled premises to be inspected.

Acts 1979, No. 898, § 19; A.S.A. 1947, § 82-2632.3.
Ark. Code Ann. § 5-4-313 — AR Code / Title 5 / Chapter 4 / Subchapter 3 / Section 5-4-313
Placement in a drug treatment program - Drug court alternative
Status: in_force

If a judicial district has one (1) or more of the following programs in place at the time of a defendant's sentencing for a felony, a court may sentence the defendant to: (1) A posttrial treatment program for drug abuse under § 16-98-201 ; or (2) Drug court under the Arkansas Drug Court Act, § 16-98-301 et seq. Acts 2011, No. 570, § 14.

If a judicial district has one (1) or more of the following programs in place at the time of a defendant's sentencing for a felony, a court may sentence the defendant to:

(1) A posttrial treatment program for drug abuse under § 16-98-201 ; or

(2) Drug court under the Arkansas Drug Court Act, § 16-98-301 et seq.

Acts 2011, No. 570, § 14.
Ark. Code Ann. § 5-39-304 — AR Code / Title 5 / Chapter 39 / Subchapter 3 / Section 5-39-304
Notice to cease entering - Further entrance
Status: in_force

(a) The owner, agent, lessee, or assignee of any land, including farm, timber, or otherwise, may notify any person by certified mail, deliver to addressee only or by notice served by any official authorized to serve process to cease any trespass or to stay off the premises of any property belonging to the owner, his or her agent, or assignee. (b) Notice shall specify the land by description containing section, township, and range. (c) Any person receiving notice shall immediately cease any trespass or entrance upon the described land of the owner. (d) Any further entrance or trespass by the person receiving the notice is considered a criminal trespass and the person is guilty of a Class C misdemeanor. Acts 1969, No. 338, § 2; 1975, No. 197, § 3; A.S.A. 1947, § 41-2056; Acts 2003, No. 1178, § 1; 2005, No. 1994, § 437.

(a) The owner, agent, lessee, or assignee of any land, including farm, timber, or otherwise, may notify any person by certified mail, deliver to addressee only or by notice served by any official authorized to serve process to cease any trespass or to stay off the premises of any property belonging to the owner, his or her agent, or assignee.

(b) Notice shall specify the land by description containing section, township, and range.

(c) Any person receiving notice shall immediately cease any trespass or entrance upon the described land of the owner.

(d) Any further entrance or trespass by the person receiving the notice is considered a criminal trespass and the person is guilty of a Class C misdemeanor.

Acts 1969, No. 338, § 2; 1975, No. 197, § 3; A.S.A. 1947, § 41-2056; Acts 2003, No. 1178, § 1; 2005, No. 1994, § 437.
Ark. Code Ann. § 5-37-507 — AR Code / Title 5 / Chapter 37 / Subchapter 5 / Section 5-37-507
Software and other devices and mechanisms used to falsify electronic records
Status: in_force

(a) It is unlawful for a person to knowingly manufacture, sell, rent, lease, make available, purchase, install, transfer, possess, or use software or any other device or mechanism designed to falsify the electronic records of an electronic cash register or other point-of-sale system for the purpose of evading a tax due under Arkansas law. (b) A person that violates this section upon conviction is: (1) Guilty of a Class C felony; and (2) Liable for all taxes assessed by the Department of Finance and Administration under the Arkansas Tax Procedure Act, § 26-18-101 et seq., as the result of the violation of this section. Added by Act 2013, No. 1076,§ 2, eff. 8/16/2013.

(a) It is unlawful for a person to knowingly manufacture, sell, rent, lease, make available, purchase, install, transfer, possess, or use software or any other device or mechanism designed to falsify the electronic records of an electronic cash register or other point-of-sale system for the purpose of evading a tax due under Arkansas law.

(b) A person that violates this section upon conviction is: (1) Guilty of a Class C felony; and (2) Liable for all taxes assessed by the Department of Finance and Administration under the Arkansas Tax Procedure Act, § 26-18-101 et seq., as the result of the violation of this section.

(1) Guilty of a Class C felony; and

(2) Liable for all taxes assessed by the Department of Finance and Administration under the Arkansas Tax Procedure Act, § 26-18-101 et seq., as the result of the violation of this section.

Added by Act 2013, No. 1076,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 5-54-103 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-103
Resisting arrest - Refusal to submit to arrest
Status: in_force

(a) (1) A person commits the offense of resisting arrest if he or she knowingly resists a person known by him or her to be a law enforcement officer effecting an arrest. (2) As used in this subsection, "resists" means using or threatening to use physical force or any other means that creates a substantial risk of physical injury to any person. (3) It is no defense to a prosecution under this subsection that the law enforcement officer lacked legal authority to make the arrest if the law enforcement officer was acting under color of his or her official authority. (4) Resisting arrest is a Class A misdemeanor. (b) (1) A person commits the offense of refusal to submit to arrest if he or she knowingly refuses to submit to arrest by a person known by him or her to be a law enforcement officer effecting an arrest. (2) As used in this subsection, "refuses" means active or passive refusal. (3) It is no defense to a prosecution under this subsection that the law enforcement officer lacked legal authority to make the the arrest if the law enforcement officer was acting under color of his or her official authority. (4) Refusal to submit to arrest is a Class B misdemeanor. Acts 1975, No. 280, § 2803; A.S.A. 1947, § 41-2803; Acts 1987, No. 261, § 1.

(a) (1) A person commits the offense of resisting arrest if he or she knowingly resists a person known by him or her to be a law enforcement officer effecting an arrest. (2) As used in this subsection, "resists" means using or threatening to use physical force or any other means that creates a substantial risk of physical injury to any person. (3) It is no defense to a prosecution under this subsection that the law enforcement officer lacked legal authority to make the arrest if the law enforcement officer was acting under color of his or her official authority. (4) Resisting arrest is a Class A misdemeanor.

(1) A person commits the offense of resisting arrest if he or she knowingly resists a person known by him or her to be a law enforcement officer effecting an arrest.

(2) As used in this subsection, "resists" means using or threatening to use physical force or any other means that creates a substantial risk of physical injury to any person.

(3) It is no defense to a prosecution under this subsection that the law enforcement officer lacked legal authority to make the arrest if the law enforcement officer was acting under color of his or her official authority.

(4) Resisting arrest is a Class A misdemeanor.

(b) (1) A person commits the offense of refusal to submit to arrest if he or she knowingly refuses to submit to arrest by a person known by him or her to be a law enforcement officer effecting an arrest. (2) As used in this subsection, "refuses" means active or passive refusal. (3) It is no defense to a prosecution under this subsection that the law enforcement officer lacked legal authority to make the the arrest if the law enforcement officer was acting under color of his or her official authority. (4) Refusal to submit to arrest is a Class B misdemeanor.

(1) A person commits the offense of refusal to submit to arrest if he or she knowingly refuses to submit to arrest by a person known by him or her to be a law enforcement officer effecting an arrest.

(2) As used in this subsection, "refuses" means active or passive refusal.

(3) It is no defense to a prosecution under this subsection that the law enforcement officer lacked legal authority to make the the arrest if the law enforcement officer was acting under color of his or her official authority.

(4) Refusal to submit to arrest is a Class B misdemeanor.

Acts 1975, No. 280, § 2803; A.S.A. 1947, § 41-2803; Acts 1987, No. 261, § 1.
Ark. Code Ann. § 5-2-207 — AR Code / Title 5 / Chapter 2 / Subchapter 2 / Section 5-2-207
Intoxication
Status: in_force

(a) Intoxication that is not self-induced intoxication is an affirmative defense to a prosecution if at the time a person engages in the conduct charged to constitute the offense the person lacks capacity to: (1) Conform his or her conduct to the requirements of the law; or (2) Appreciate the criminality of his or her conduct. (b) As used in this section: (1) "Intoxication" means a disturbance of a mental or physical capacity resulting from the introduction of alcohol, a drug, or another substance into the body; and (2) "Self-induced intoxication" means intoxication caused by a substance that the actor knowingly introduces into his or her body and the actor knows or ought to know the tendency of the substance to cause intoxication. Acts 1975, No. 280, § 207; 1977, No. 101, § 1; A.S.A. 1947, § 41-207.

(a) Intoxication that is not self-induced intoxication is an affirmative defense to a prosecution if at the time a person engages in the conduct charged to constitute the offense the person lacks capacity to: (1) Conform his or her conduct to the requirements of the law; or (2) Appreciate the criminality of his or her conduct.

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

(2) Appreciate the criminality of his or her conduct.

(b) As used in this section: (1) "Intoxication" means a disturbance of a mental or physical capacity resulting from the introduction of alcohol, a drug, or another substance into the body; and (2) "Self-induced intoxication" means intoxication caused by a substance that the actor knowingly introduces into his or her body and the actor knows or ought to know the tendency of the substance to cause intoxication.

(1) "Intoxication" means a disturbance of a mental or physical capacity resulting from the introduction of alcohol, a drug, or another substance into the body; and

(2) "Self-induced intoxication" means intoxication caused by a substance that the actor knowingly introduces into his or her body and the actor knows or ought to know the tendency of the substance to cause intoxication.

Acts 1975, No. 280, § 207; 1977, No. 101, § 1; A.S.A. 1947, § 41-207.
Ark. Code Ann. § 5-13-206 — AR Code / Title 5 / Chapter 13 / Subchapter 2 / Section 5-13-206
Assault in the second degree
Status: in_force

(a) A person commits assault in the second degree if he or she recklessly engages in conduct that creates a substantial risk of physical injury to another person. (b) Assault in the second degree is a Class B misdemeanor. Acts 1975, No. 280, § 1606; A.S.A. 1947, § 41-1606.

(a) A person commits assault in the second degree if he or she recklessly engages in conduct that creates a substantial risk of physical injury to another person.

(b) Assault in the second degree is a Class B misdemeanor.

Acts 1975, No. 280, § 1606; A.S.A. 1947, § 41-1606.
Ark. Code Ann. § 5-4-101 — AR Code / Title 5 / Chapter 4 / Subchapter 1 / Section 5-4-101
Definitions
Status: in_force

As used in this chapter: (1) "Delinquent" means the defendant: (A) Has failed to pay his or her fines and costs that resulted from his or her felony conviction; and (B) Has not paid his or her installment for three (3) consecutive months if the defendant is on an installment payment plan; (2) (A) "Imprisonment" means: (i) Incarceration in a detention facility operated by the state or any of its political subdivisions; or (ii) Home detention as described in § 16-93-708 . (B) "Imprisonment" may mean incarceration in a privately operated detention facility under contract to the state or any of its political subdivisions; (3) "Probation" or "place on probation" means a procedure in which a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence but subject to the supervision of a probation officer; (4) "Probation officer" means a salaried officer attached to the court pursuant to § 16-93-402 [repealed] or a reputable person designated by the court to supervise a defendant who is placed on probation; (5) "Recidivism" means a criminal act that results in the rearrest, reconviction, or return to incarceration of a person with a new sentence or a revocation from parole or post-release supervision during a three-year period following the person's release from custody; (6) (A) "Restitution" means the act of making good or giving equivalent value for any loss, damage, or injury. (B) "Restitution" may also include in the event of an injury or loss that the offender has special capacity to restore or repair a sentence to perform that reparation; and (7) "Suspension" or "suspend imposition of sentence" means a procedure in which a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence and without supervision. Amended by Act 2023, No. 659,§ 4, eff. 1/1/2024. Amended by Act 2021, No. 1071,§ 1, eff. 7/28/2021. Amended by Act 2013, No. 1030,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 801; 1981, No. 620, § 6; A.S.A. 1947, § 41-801; Acts 1993, No. 533, § 1; 1993, No. 553, § 1; 1999, No. 216, § 1; 2005, No. 680, § 1.

As used in this chapter:

(1) "Delinquent" means the defendant: (A) Has failed to pay his or her fines and costs that resulted from his or her felony conviction; and (B) Has not paid his or her installment for three (3) consecutive months if the defendant is on an installment payment plan;

(A) Has failed to pay his or her fines and costs that resulted from his or her felony conviction; and

(B) Has not paid his or her installment for three (3) consecutive months if the defendant is on an installment payment plan;

(2) (A) "Imprisonment" means: (i) Incarceration in a detention facility operated by the state or any of its political subdivisions; or (ii) Home detention as described in § 16-93-708 . (B) "Imprisonment" may mean incarceration in a privately operated detention facility under contract to the state or any of its political subdivisions;

(A) "Imprisonment" means: (i) Incarceration in a detention facility operated by the state or any of its political subdivisions; or (ii) Home detention as described in § 16-93-708 .

(i) Incarceration in a detention facility operated by the state or any of its political subdivisions; or

(ii) Home detention as described in § 16-93-708 .

(B) "Imprisonment" may mean incarceration in a privately operated detention facility under contract to the state or any of its political subdivisions;

(3) "Probation" or "place on probation" means a procedure in which a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence but subject to the supervision of a probation officer;

(4) "Probation officer" means a salaried officer attached to the court pursuant to § 16-93-402 [repealed] or a reputable person designated by the court to supervise a defendant who is placed on probation;

(5) "Recidivism" means a criminal act that results in the rearrest, reconviction, or return to incarceration of a person with a new sentence or a revocation from parole or post-release supervision during a three-year period following the person's release from custody;

(6) (A) "Restitution" means the act of making good or giving equivalent value for any loss, damage, or injury. (B) "Restitution" may also include in the event of an injury or loss that the offender has special capacity to restore or repair a sentence to perform that reparation; and

(A) "Restitution" means the act of making good or giving equivalent value for any loss, damage, or injury.

(B) "Restitution" may also include in the event of an injury or loss that the offender has special capacity to restore or repair a sentence to perform that reparation; and

(7) "Suspension" or "suspend imposition of sentence" means a procedure in which a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence and without supervision.

Amended by Act 2023, No. 659,§ 4, eff. 1/1/2024.

Amended by Act 2021, No. 1071,§ 1, eff. 7/28/2021.

Amended by Act 2013, No. 1030,§ 1, eff. 8/16/2013.

Acts 1975, No. 280, § 801; 1981, No. 620, § 6; A.S.A. 1947, § 41-801; Acts 1993, No. 533, § 1; 1993, No. 553, § 1; 1999, No. 216, § 1; 2005, No. 680, § 1.
Ark. Code Ann. § 5-16-102 — AR Code / Title 5 / Chapter 16 / Section 5-16-102
Voyeurism
Status: in_force

(a) As used in this section: (1) "Nude or partially nude" means a state of undress of a person who has less than a fully opaque covering over the genitals, pubic area, buttocks, or breast of a female; (2) "Private place" means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent; and (3) "Public accommodation" means a business, accommodation, refreshment, entertainment, recreation, or transportation facility where a good, service, facility, privilege, advantage, or accommodation is offered, sold, or otherwise made available to the public. (b) A person commits the offense of voyeurism if for the purpose of sexual arousal or gratification, he or she knowingly: (1) Without the consent of each person who is present in the private place, personally or through the use of an unmanned vehicle or aircraft, looks into a private place that is, or is part of, a public accommodation and in which a person may reasonably be expected to be nude or partially nude; or (2) Enters personally or through the use of an unmanned vehicle or aircraft another person's private property without the other person's consent and looks into any person's dwelling unit if: (A) The person looks into the dwelling with the purpose to intrude upon or interfere with a person's privacy; (B) The person looks into a part of the dwelling in which a person is present; (C) The person present has a reasonable expectation of privacy in that part of the dwelling; and (D) The person present does not consent to the person's looking into that part of the dwelling. (c) Voyeurism is a: (1) Class C felony if the victim is under fourteen (14) years of age; (2) Class D felony if: (A) A victim is under seventeen (17) years of age and the person who commits the offense holds a position of trust or authority over the victim; or (B) The person has previously been convicted of an offense under this section or § 5-16-101 ; or (3) Class A misdemeanor if otherwise committed. Amended by Act 2021, No. 597,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 466,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 466,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 461,§ 2, eff. 7/24/2019. Amended by Act 2015, No. 293,§ 2, eff. 7/22/2015. Acts 2005, No. 1642, § 1; 2007, No. 187, § 2.

(a) As used in this section: (1) "Nude or partially nude" means a state of undress of a person who has less than a fully opaque covering over the genitals, pubic area, buttocks, or breast of a female; (2) "Private place" means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent; and (3) "Public accommodation" means a business, accommodation, refreshment, entertainment, recreation, or transportation facility where a good, service, facility, privilege, advantage, or accommodation is offered, sold, or otherwise made available to the public.

(1) "Nude or partially nude" means a state of undress of a person who has less than a fully opaque covering over the genitals, pubic area, buttocks, or breast of a female;

(2) "Private place" means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent; and

(3) "Public accommodation" means a business, accommodation, refreshment, entertainment, recreation, or transportation facility where a good, service, facility, privilege, advantage, or accommodation is offered, sold, or otherwise made available to the public.

(b) A person commits the offense of voyeurism if for the purpose of sexual arousal or gratification, he or she knowingly: (1) Without the consent of each person who is present in the private place, personally or through the use of an unmanned vehicle or aircraft, looks into a private place that is, or is part of, a public accommodation and in which a person may reasonably be expected to be nude or partially nude; or (2) Enters personally or through the use of an unmanned vehicle or aircraft another person's private property without the other person's consent and looks into any person's dwelling unit if: (A) The person looks into the dwelling with the purpose to intrude upon or interfere with a person's privacy; (B) The person looks into a part of the dwelling in which a person is present; (C) The person present has a reasonable expectation of privacy in that part of the dwelling; and (D) The person present does not consent to the person's looking into that part of the dwelling.

(1) Without the consent of each person who is present in the private place, personally or through the use of an unmanned vehicle or aircraft, looks into a private place that is, or is part of, a public accommodation and in which a person may reasonably be expected to be nude or partially nude; or

(2) Enters personally or through the use of an unmanned vehicle or aircraft another person's private property without the other person's consent and looks into any person's dwelling unit if: (A) The person looks into the dwelling with the purpose to intrude upon or interfere with a person's privacy; (B) The person looks into a part of the dwelling in which a person is present; (C) The person present has a reasonable expectation of privacy in that part of the dwelling; and (D) The person present does not consent to the person's looking into that part of the dwelling.

(A) The person looks into the dwelling with the purpose to intrude upon or interfere with a person's privacy;

(B) The person looks into a part of the dwelling in which a person is present;

(C) The person present has a reasonable expectation of privacy in that part of the dwelling; and

(D) The person present does not consent to the person's looking into that part of the dwelling.

(c) Voyeurism is a: (1) Class C felony if the victim is under fourteen (14) years of age; (2) Class D felony if: (A) A victim is under seventeen (17) years of age and the person who commits the offense holds a position of trust or authority over the victim; or (B) The person has previously been convicted of an offense under this section or § 5-16-101 ; or (3) Class A misdemeanor if otherwise committed.

(1) Class C felony if the victim is under fourteen (14) years of age;

(2) Class D felony if: (A) A victim is under seventeen (17) years of age and the person who commits the offense holds a position of trust or authority over the victim; or (B) The person has previously been convicted of an offense under this section or § 5-16-101 ; or

(A) A victim is under seventeen (17) years of age and the person who commits the offense holds a position of trust or authority over the victim; or

(B) The person has previously been convicted of an offense under this section or § 5-16-101 ; or

(3) Class A misdemeanor if otherwise committed.

Amended by Act 2021, No. 597,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 466,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 466,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 461,§ 2, eff. 7/24/2019.

Amended by Act 2015, No. 293,§ 2, eff. 7/22/2015.

Acts 2005, No. 1642, § 1; 2007, No. 187, § 2.
Ark. Code Ann. § 5-54-104 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-104
Interference with a law enforcement or code enforcement officer
Status: in_force

(a) (1) A person commits the offense of interference with a law enforcement officer if he or she knowingly employs or threatens to employ physical force against a law enforcement officer engaged in performing his or her official duties. (2) A person commits the offense of interference with a code enforcement officer if he or she knowingly employs or threatens to employ physical force against a code enforcement officer engaged in performing his or her official duties. (b) (1) Interference with a law enforcement officer or a code enforcement officer is a Class C felony if: (A) The person uses or threatens to use deadly physical force; or (B) The person is assisted by one (1) or more other persons and physical injury to the law enforcement officer or code enforcement officer results. (2) Otherwise, interference with a law enforcement officer or a code enforcement officer is a Class A misdemeanor. (c) (1) As used in this section, "code enforcement officer" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation. (2) "Code enforcement officer" includes an animal control officer. Acts 1975, No. 280, § 2804; 1977, No. 360, § 14; A.S.A. 1947, § 41-2804; Acts 2009, No. 343, § 1.

(a) (1) A person commits the offense of interference with a law enforcement officer if he or she knowingly employs or threatens to employ physical force against a law enforcement officer engaged in performing his or her official duties. (2) A person commits the offense of interference with a code enforcement officer if he or she knowingly employs or threatens to employ physical force against a code enforcement officer engaged in performing his or her official duties.

(1) A person commits the offense of interference with a law enforcement officer if he or she knowingly employs or threatens to employ physical force against a law enforcement officer engaged in performing his or her official duties.

(2) A person commits the offense of interference with a code enforcement officer if he or she knowingly employs or threatens to employ physical force against a code enforcement officer engaged in performing his or her official duties.

(b) (1) Interference with a law enforcement officer or a code enforcement officer is a Class C felony if: (A) The person uses or threatens to use deadly physical force; or (B) The person is assisted by one (1) or more other persons and physical injury to the law enforcement officer or code enforcement officer results. (2) Otherwise, interference with a law enforcement officer or a code enforcement officer is a Class A misdemeanor.

(1) Interference with a law enforcement officer or a code enforcement officer is a Class C felony if: (A) The person uses or threatens to use deadly physical force; or (B) The person is assisted by one (1) or more other persons and physical injury to the law enforcement officer or code enforcement officer results.

(A) The person uses or threatens to use deadly physical force; or

(B) The person is assisted by one (1) or more other persons and physical injury to the law enforcement officer or code enforcement officer results.

(2) Otherwise, interference with a law enforcement officer or a code enforcement officer is a Class A misdemeanor.

(c) (1) As used in this section, "code enforcement officer" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation. (2) "Code enforcement officer" includes an animal control officer.

(1) As used in this section, "code enforcement officer" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation.

(2) "Code enforcement officer" includes an animal control officer.

Acts 1975, No. 280, § 2804; 1977, No. 360, § 14; A.S.A. 1947, § 41-2804; Acts 2009, No. 343, § 1.