Ark. Code Ann. § 5-54-201 — AR Code / Title 5 / Chapter 54 / Subchapter 2 / Section 5-54-201
Definitions
Status: in_force

As used in this subchapter: (1) "Act of terrorism" means: (A) Any act that causes or creates a risk of death or serious physical injury to five (5) or more persons; (B) Any act that disables or destroys the usefulness or operation of any communications system; (C) Any act or any series of two (2) or more acts committed in furtherance of a single intention, scheme, or design that disables or destroys the usefulness or operation of a computer network, computers, computer programs, or data used by: (i) Any industry; (ii) Any class of business; (iii) Five (5) or more businesses; (iv) The United States Government; (v) State government; (vi) Any unit of local government; (vii) A public utility; (viii) A manufacturer of pharmaceuticals; (ix) A national defense contractor; or (x) A manufacturer of chemical or biological products used in connection with agricultural production; (D) Any act that disables or causes substantial damage to or destruction of any structure or facility used in or in connection with: (i) Ground, air, or water transportation; (ii) The production or distribution of electricity, gas, oil, or other fuel; (iii) The treatment of sewage or the treatment or distribution of water; or (iv) Controlling the flow of any body of water; (E) Any act that causes substantial damage to or destruction of livestock or crops or a series of two (2) or more acts committed in furtherance of a single intention, scheme, or design which, in the aggregate, causes substantial damage to or destruction of livestock or crops; (F) Any act that causes substantial damage to or destruction of: (i) Any hospital; or (ii) Any building, facility, or monument used, owned, or maintained by: (a) The United States Government; (b) State government; (c) Any unit of local government; (d) A national defense contractor; (e) A public utility; or (f) A manufacturer of chemical or biological products used in or in connection with agricultural production or the storage or processing of agricultural products or the preparation of agricultural products for food or food products intended for resale or for feed for livestock; or (G) Any act that causes damage of five hundred thousand dollars ($500,000) or more to any building or set of buildings; (2) "Agricultural production" means the breeding and growing of livestock and crops; (3) "Agricultural products" means crops and livestock; (4) "Biological products used in agriculture" means, but is not limited to, seeds, plants, and deoxyribonucleic acid (DNA) of plants or animals altered for use in crop or livestock breeding or production or which are sold, intended, designed, or produced for use in crop production; (5) "Communications system" means any works, property, or material of any radio, telegraph, telephone, microwave, cable station, or system; (6) (A) "Computer" means a device that accepts, processes, stores, retrieves, or outputs data. (B) "Computer" includes, but is not limited to, auxiliary storage and telecommunications devices; (7) "Computer network" means a set of related, remotely connected devices and any communications facilities including more than one (1) computer with the capability to transmit data among them through communication facilities; (8) "Computer program" means a series of coded instructions or statements in a form acceptable to a computer that causes the computer to process data and supply the results of data processing; (9) (A) "Data" means representations of information, knowledge, facts, concepts, or instructions, including program documentation, which are prepared in a formalized manner and are stored or processed in or transmitted by a computer. (B) Data may be stored in any form including, but not limited to, magnetic or optical storage media, punch cards, or data stored internally in the memory of a computer; (10) "Explosive or incendiary device" means the same as defined in § 5-71-301 ; (11) "Hoax bomb" means a device designed to look like an explosive or incendiary device; (12) "Hoax substance" means any substance that would cause a reasonable person to believe that the substance is a: (A) Dangerous chemical or biological agent; (B) Poison; (C) Harmful radioactive substance; or (D) Similar substance; (13) "Livestock" means animals bred or raised for human consumption; (14) "Material support or resources" means: (A) Currency or other financial securities; (B) Financial services; (C) Lodging; (D) Training; (E) Safe house; (F) False documentation or identification; (G) Communications equipment; (H) Facilities; (I) Weapons; (J) Lethal substances; (K) Explosives; (L) Personnel; (M) Transportation; (N) Expert services or expert assistance; and (O) Any other kind of physical assets or intangible property; (15) (A) "Person" means an individual, public or private corporation, government, partnership, or unincorporated association. (B) "Person" includes, without limitation, any: (i) Charitable organization, whether incorporated or unincorporated; (ii) Professional fund raiser, professional solicitor, limited liability company, association, joint stock company, trust, trustee, or any group of people formally or informally affiliated or associated for a common purpose; and (iii) Officer, director, partner, member, or agent of any person; (16) "Render criminal assistance" means to do any of the following with the purpose of preventing, hindering, or delaying the discovery or apprehension of a person whom he or she knows or believes has committed an offense under this subchapter or is being sought by law enforcement officials for the commission of an offense under this subchapter, or with the purpose to assist a person in profiting or benefiting from the commission of an offense under this subchapter: (A) Harbor or conceal the person; (B) Warn the person of impending discovery or apprehension; (C) Provide the person with: (i) Money; (ii) Transportation; (iii) A weapon; (iv) A disguise; (v) False identification documents; or (vi) Any other means of avoiding discovery or apprehension; (D) Prevent or obstruct, by means of force, intimidation, or deception, anyone from performing an act that might aid in the discovery or apprehension of the person; (E) Suppress, by any act of concealment, alteration, or destruction, any physical evidence that might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person; (F) Aid the person to protect or expeditiously profit from an advantage derived from the crime; or (G) (i) Provide expert services or expert assistance to the person. (ii) Providing expert services or expert assistance shall not be construed to apply to: (a) A licensed attorney who discusses with a client the legal consequences of a proposed course of conduct or advises a client of legal or constitutional rights; or (b) A licensed medical worker who provides emergency medical treatment to a person whom the licensed medical worker believes committed an offense under this subchapter if, as soon as reasonably practicable either before or after providing the medical treatment, the licensed medical worker notifies a law enforcement agency; and (17) "Terrorist" means any person who engages in or is about to engage in a terrorist act with the purpose to intimidate or coerce a significant portion of the civilian population or influence the policy of a government or a unit of government. Amended by Act 2021, No. 1014,§ 6, eff. 7/28/2021. Amended by Act 2021, No. 351,§ 1, eff. 7/28/2021. Acts 2003, No. 1342, § 3; 2007, No. 827, §§ 47, 48.

As used in this subchapter:

(1) "Act of terrorism" means: (A) Any act that causes or creates a risk of death or serious physical injury to five (5) or more persons; (B) Any act that disables or destroys the usefulness or operation of any communications system; (C) Any act or any series of two (2) or more acts committed in furtherance of a single intention, scheme, or design that disables or destroys the usefulness or operation of a computer network, computers, computer programs, or data used by: (i) Any industry; (ii) Any class of business; (iii) Five (5) or more businesses; (iv) The United States Government; (v) State government; (vi) Any unit of local government; (vii) A public utility; (viii) A manufacturer of pharmaceuticals; (ix) A national defense contractor; or (x) A manufacturer of chemical or biological products used in connection with agricultural production; (D) Any act that disables or causes substantial damage to or destruction of any structure or facility used in or in connection with: (i) Ground, air, or water transportation; (ii) The production or distribution of electricity, gas, oil, or other fuel; (iii) The treatment of sewage or the treatment or distribution of water; or (iv) Controlling the flow of any body of water; (E) Any act that causes substantial damage to or destruction of livestock or crops or a series of two (2) or more acts committed in furtherance of a single intention, scheme, or design which, in the aggregate, causes substantial damage to or destruction of livestock or crops; (F) Any act that causes substantial damage to or destruction of: (i) Any hospital; or (ii) Any building, facility, or monument used, owned, or maintained by: (a) The United States Government; (b) State government; (c) Any unit of local government; (d) A national defense contractor; (e) A public utility; or (f) A manufacturer of chemical or biological products used in or in connection with agricultural production or the storage or processing of agricultural products or the preparation of agricultural products for food or food products intended for resale or for feed for livestock; or (G) Any act that causes damage of five hundred thousand dollars ($500,000) or more to any building or set of buildings;

(A) Any act that causes or creates a risk of death or serious physical injury to five (5) or more persons;

(B) Any act that disables or destroys the usefulness or operation of any communications system;

(C) Any act or any series of two (2) or more acts committed in furtherance of a single intention, scheme, or design that disables or destroys the usefulness or operation of a computer network, computers, computer programs, or data used by: (i) Any industry; (ii) Any class of business; (iii) Five (5) or more businesses; (iv) The United States Government; (v) State government; (vi) Any unit of local government; (vii) A public utility; (viii) A manufacturer of pharmaceuticals; (ix) A national defense contractor; or (x) A manufacturer of chemical or biological products used in connection with agricultural production;

(i) Any industry;

(ii) Any class of business;

(iii) Five (5) or more businesses;

(iv) The United States Government;

(v) State government;

(vi) Any unit of local government;

(vii) A public utility;

(viii) A manufacturer of pharmaceuticals;

(ix) A national defense contractor; or

(x) A manufacturer of chemical or biological products used in connection with agricultural production;

(D) Any act that disables or causes substantial damage to or destruction of any structure or facility used in or in connection with: (i) Ground, air, or water transportation; (ii) The production or distribution of electricity, gas, oil, or other fuel; (iii) The treatment of sewage or the treatment or distribution of water; or (iv) Controlling the flow of any body of water;

(i) Ground, air, or water transportation;

(ii) The production or distribution of electricity, gas, oil, or other fuel;

(iii) The treatment of sewage or the treatment or distribution of water; or

(iv) Controlling the flow of any body of water;

(E) Any act that causes substantial damage to or destruction of livestock or crops or a series of two (2) or more acts committed in furtherance of a single intention, scheme, or design which, in the aggregate, causes substantial damage to or destruction of livestock or crops;

(F) Any act that causes substantial damage to or destruction of: (i) Any hospital; or (ii) Any building, facility, or monument used, owned, or maintained by: (a) The United States Government; (b) State government; (c) Any unit of local government; (d) A national defense contractor; (e) A public utility; or (f) A manufacturer of chemical or biological products used in or in connection with agricultural production or the storage or processing of agricultural products or the preparation of agricultural products for food or food products intended for resale or for feed for livestock; or

(i) Any hospital; or

(ii) Any building, facility, or monument used, owned, or maintained by: (a) The United States Government; (b) State government; (c) Any unit of local government; (d) A national defense contractor; (e) A public utility; or (f) A manufacturer of chemical or biological products used in or in connection with agricultural production or the storage or processing of agricultural products or the preparation of agricultural products for food or food products intended for resale or for feed for livestock; or

(a) The United States Government;

(b) State government;

(c) Any unit of local government;

(d) A national defense contractor;

(e) A public utility; or

(f) A manufacturer of chemical or biological products used in or in connection with agricultural production or the storage or processing of agricultural products or the preparation of agricultural products for food or food products intended for resale or for feed for livestock; or

(G) Any act that causes damage of five hundred thousand dollars ($500,000) or more to any building or set of buildings;

(2) "Agricultural production" means the breeding and growing of livestock and crops;

(3) "Agricultural products" means crops and livestock;

(4) "Biological products used in agriculture" means, but is not limited to, seeds, plants, and deoxyribonucleic acid (DNA) of plants or animals altered for use in crop or livestock breeding or production or which are sold, intended, designed, or produced for use in crop production;

(5) "Communications system" means any works, property, or material of any radio, telegraph, telephone, microwave, cable station, or system;

(6) (A) "Computer" means a device that accepts, processes, stores, retrieves, or outputs data. (B) "Computer" includes, but is not limited to, auxiliary storage and telecommunications devices;

(A) "Computer" means a device that accepts, processes, stores, retrieves, or outputs data.

(B) "Computer" includes, but is not limited to, auxiliary storage and telecommunications devices;

(7) "Computer network" means a set of related, remotely connected devices and any communications facilities including more than one (1) computer with the capability to transmit data among them through communication facilities;

(8) "Computer program" means a series of coded instructions or statements in a form acceptable to a computer that causes the computer to process data and supply the results of data processing;

(9) (A) "Data" means representations of information, knowledge, facts, concepts, or instructions, including program documentation, which are prepared in a formalized manner and are stored or processed in or transmitted by a computer. (B) Data may be stored in any form including, but not limited to, magnetic or optical storage media, punch cards, or data stored internally in the memory of a computer;

(A) "Data" means representations of information, knowledge, facts, concepts, or instructions, including program documentation, which are prepared in a formalized manner and are stored or processed in or transmitted by a computer.

(B) Data may be stored in any form including, but not limited to, magnetic or optical storage media, punch cards, or data stored internally in the memory of a computer;

(10) "Explosive or incendiary device" means the same as defined in § 5-71-301 ;

(11) "Hoax bomb" means a device designed to look like an explosive or incendiary device;

(12) "Hoax substance" means any substance that would cause a reasonable person to believe that the substance is a: (A) Dangerous chemical or biological agent; (B) Poison; (C) Harmful radioactive substance; or (D) Similar substance;

(A) Dangerous chemical or biological agent;

(B) Poison;

(C) Harmful radioactive substance; or

(D) Similar substance;

(13) "Livestock" means animals bred or raised for human consumption;

(14) "Material support or resources" means: (A) Currency or other financial securities; (B) Financial services; (C) Lodging; (D) Training; (E) Safe house; (F) False documentation or identification; (G) Communications equipment; (H) Facilities; (I) Weapons; (J) Lethal substances; (K) Explosives; (L) Personnel; (M) Transportation; (N) Expert services or expert assistance; and (O) Any other kind of physical assets or intangible property;

(A) Currency or other financial securities;

(B) Financial services;

(C) Lodging;

(D) Training;

(E) Safe house;

(F) False documentation or identification;

(G) Communications equipment;

(H) Facilities;

(I) Weapons;

(J) Lethal substances;

(K) Explosives;

(L) Personnel;

(M) Transportation;

(N) Expert services or expert assistance; and

(O) Any other kind of physical assets or intangible property;

(15) (A) "Person" means an individual, public or private corporation, government, partnership, or unincorporated association. (B) "Person" includes, without limitation, any: (i) Charitable organization, whether incorporated or unincorporated; (ii) Professional fund raiser, professional solicitor, limited liability company, association, joint stock company, trust, trustee, or any group of people formally or informally affiliated or associated for a common purpose; and (iii) Officer, director, partner, member, or agent of any person;

(A) "Person" means an individual, public or private corporation, government, partnership, or unincorporated association.

(B) "Person" includes, without limitation, any: (i) Charitable organization, whether incorporated or unincorporated; (ii) Professional fund raiser, professional solicitor, limited liability company, association, joint stock company, trust, trustee, or any group of people formally or informally affiliated or associated for a common purpose; and (iii) Officer, director, partner, member, or agent of any person;

(i) Charitable organization, whether incorporated or unincorporated;

(ii) Professional fund raiser, professional solicitor, limited liability company, association, joint stock company, trust, trustee, or any group of people formally or informally affiliated or associated for a common purpose; and

(iii) Officer, director, partner, member, or agent of any person;

(16) "Render criminal assistance" means to do any of the following with the purpose of preventing, hindering, or delaying the discovery or apprehension of a person whom he or she knows or believes has committed an offense under this subchapter or is being sought by law enforcement officials for the commission of an offense under this subchapter, or with the purpose to assist a person in profiting or benefiting from the commission of an offense under this subchapter: (A) Harbor or conceal the person; (B) Warn the person of impending discovery or apprehension; (C) Provide the person with: (i) Money; (ii) Transportation; (iii) A weapon; (iv) A disguise; (v) False identification documents; or (vi) Any other means of avoiding discovery or apprehension; (D) Prevent or obstruct, by means of force, intimidation, or deception, anyone from performing an act that might aid in the discovery or apprehension of the person; (E) Suppress, by any act of concealment, alteration, or destruction, any physical evidence that might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person; (F) Aid the person to protect or expeditiously profit from an advantage derived from the crime; or (G) (i) Provide expert services or expert assistance to the person. (ii) Providing expert services or expert assistance shall not be construed to apply to: (a) A licensed attorney who discusses with a client the legal consequences of a proposed course of conduct or advises a client of legal or constitutional rights; or (b) A licensed medical worker who provides emergency medical treatment to a person whom the licensed medical worker believes committed an offense under this subchapter if, as soon as reasonably practicable either before or after providing the medical treatment, the licensed medical worker notifies a law enforcement agency; and

(A) Harbor or conceal the person;

(B) Warn the person of impending discovery or apprehension;

(C) Provide the person with: (i) Money; (ii) Transportation; (iii) A weapon; (iv) A disguise; (v) False identification documents; or (vi) Any other means of avoiding discovery or apprehension;

(i) Money;

(ii) Transportation;

(iii) A weapon;

(iv) A disguise;

(v) False identification documents; or

(vi) Any other means of avoiding discovery or apprehension;

(D) Prevent or obstruct, by means of force, intimidation, or deception, anyone from performing an act that might aid in the discovery or apprehension of the person;

(E) Suppress, by any act of concealment, alteration, or destruction, any physical evidence that might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person;

(F) Aid the person to protect or expeditiously profit from an advantage derived from the crime; or

(G) (i) Provide expert services or expert assistance to the person. (ii) Providing expert services or expert assistance shall not be construed to apply to: (a) A licensed attorney who discusses with a client the legal consequences of a proposed course of conduct or advises a client of legal or constitutional rights; or (b) A licensed medical worker who provides emergency medical treatment to a person whom the licensed medical worker believes committed an offense under this subchapter if, as soon as reasonably practicable either before or after providing the medical treatment, the licensed medical worker notifies a law enforcement agency; and

(i) Provide expert services or expert assistance to the person.

(ii) Providing expert services or expert assistance shall not be construed to apply to: (a) A licensed attorney who discusses with a client the legal consequences of a proposed course of conduct or advises a client of legal or constitutional rights; or (b) A licensed medical worker who provides emergency medical treatment to a person whom the licensed medical worker believes committed an offense under this subchapter if, as soon as reasonably practicable either before or after providing the medical treatment, the licensed medical worker notifies a law enforcement agency; and

(a) A licensed attorney who discusses with a client the legal consequences of a proposed course of conduct or advises a client of legal or constitutional rights; or

(b) A licensed medical worker who provides emergency medical treatment to a person whom the licensed medical worker believes committed an offense under this subchapter if, as soon as reasonably practicable either before or after providing the medical treatment, the licensed medical worker notifies a law enforcement agency; and

(17) "Terrorist" means any person who engages in or is about to engage in a terrorist act with the purpose to intimidate or coerce a significant portion of the civilian population or influence the policy of a government or a unit of government.

Amended by Act 2021, No. 1014,§ 6, eff. 7/28/2021.

Amended by Act 2021, No. 351,§ 1, eff. 7/28/2021.

Acts 2003, No. 1342, § 3; 2007, No. 827, §§ 47, 48.
Ark. Code Ann. § 5-64-411 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-411
Proximity to certain facilities - Enhanced penalties
Status: in_force

(a) A person is subject to an enhanced sentence of an additional term of imprisonment of ten (10) years if: (1) The person: (A) Possesses a controlled substance in violation of § 5-64-419 and the offense is a Class C felony or greater; or (B) Possesses with the purpose to deliver, delivers, manufactures, or trafficks a controlled substance in violation of §§ 5-64-420 - 5-64-440 ; and (2) The offense is committed on or within one thousand feet (1,000') of the real property of: (A) A city or state park; (B) A public or private elementary or secondary school, public vocational school, or private or public college or university; (C) A designated school bus stop as identified on the route list published by a public school district each year; (D) A skating rink, Boys and Girls Club, YMCA, YWCA, community center, recreation center, or video arcade; (E) A publicly funded and administered multifamily housing development; (F) A drug or alcohol treatment facility; (G) A day care center; (H) A church; or (I) A shelter as defined in § 9-4-102 . (b) The enhanced portion of the sentence is consecutive or concurrent to any other sentence imposed at the discretion of the court. (c) Any person convicted under this section is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the enhanced portion of the sentence. (d) (1) Except for property covered by subdivision (a)(2)(C) of this section, property covered by this section shall have a notice posted at the entrances to the property stating: "THE SALE OF DRUGS UPON OR WITHIN ONE THOUSAND FEET (1000') OF THIS PROPERTY MAY SUBJECT THE SELLER OF THE DRUGS TO AN ADDITIONAL TEN (10) YEARS IMPRISONMENT IN ADDITION TO THE TERM OF IMPRISONMENT OTHERWISE PROVIDED FOR THE UNLAWFUL SALE OF DRUGS." (2) However, the posting of the notice is not a necessary element for the enhancement of a sentence under this section. (e) As used in this section, "recreation center" means a public place of entertainment consisting of various types of entertainment, including without limitation billiards or pool, ping pong or table tennis, bowling, video games, pinball machines, or any other similar type of entertainment. Amended by Act 2023, No. 659,§ 45, eff. 1/1/2024. Acts 1989 (3rd Ex. Sess.), No. 88, § 1; 1991, No. 864, § 1; 1995, No. 778, § 1; 1995, No. 799, § 1; 1997, No. 1056, § 1; 2001, No. 1553, § 12; 2003, No. 1707, § 1; 2005, No. 195, § 1; 2005, No. 1994, § 305[B]; 2007, No. 345, § 1; 2007, No. 827, § 62; 2007, No. 1047, § 3; 2011, No. 570, § 42.

(a) A person is subject to an enhanced sentence of an additional term of imprisonment of ten (10) years if: (1) The person: (A) Possesses a controlled substance in violation of § 5-64-419 and the offense is a Class C felony or greater; or (B) Possesses with the purpose to deliver, delivers, manufactures, or trafficks a controlled substance in violation of §§ 5-64-420 - 5-64-440 ; and (2) The offense is committed on or within one thousand feet (1,000') of the real property of: (A) A city or state park; (B) A public or private elementary or secondary school, public vocational school, or private or public college or university; (C) A designated school bus stop as identified on the route list published by a public school district each year; (D) A skating rink, Boys and Girls Club, YMCA, YWCA, community center, recreation center, or video arcade; (E) A publicly funded and administered multifamily housing development; (F) A drug or alcohol treatment facility; (G) A day care center; (H) A church; or (I) A shelter as defined in § 9-4-102 .

(1) The person: (A) Possesses a controlled substance in violation of § 5-64-419 and the offense is a Class C felony or greater; or (B) Possesses with the purpose to deliver, delivers, manufactures, or trafficks a controlled substance in violation of §§ 5-64-420 - 5-64-440 ; and

(A) Possesses a controlled substance in violation of § 5-64-419 and the offense is a Class C felony or greater; or

(B) Possesses with the purpose to deliver, delivers, manufactures, or trafficks a controlled substance in violation of §§ 5-64-420 - 5-64-440 ; and

(2) The offense is committed on or within one thousand feet (1,000') of the real property of: (A) A city or state park; (B) A public or private elementary or secondary school, public vocational school, or private or public college or university; (C) A designated school bus stop as identified on the route list published by a public school district each year; (D) A skating rink, Boys and Girls Club, YMCA, YWCA, community center, recreation center, or video arcade; (E) A publicly funded and administered multifamily housing development; (F) A drug or alcohol treatment facility; (G) A day care center; (H) A church; or (I) A shelter as defined in § 9-4-102 .

(A) A city or state park;

(B) A public or private elementary or secondary school, public vocational school, or private or public college or university;

(C) A designated school bus stop as identified on the route list published by a public school district each year;

(D) A skating rink, Boys and Girls Club, YMCA, YWCA, community center, recreation center, or video arcade;

(E) A publicly funded and administered multifamily housing development;

(F) A drug or alcohol treatment facility;

(G) A day care center;

(H) A church; or

(I) A shelter as defined in § 9-4-102 .

(b) The enhanced portion of the sentence is consecutive or concurrent to any other sentence imposed at the discretion of the court.

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

(d) (1) Except for property covered by subdivision (a)(2)(C) of this section, property covered by this section shall have a notice posted at the entrances to the property stating: "THE SALE OF DRUGS UPON OR WITHIN ONE THOUSAND FEET (1000') OF THIS PROPERTY MAY SUBJECT THE SELLER OF THE DRUGS TO AN ADDITIONAL TEN (10) YEARS IMPRISONMENT IN ADDITION TO THE TERM OF IMPRISONMENT OTHERWISE PROVIDED FOR THE UNLAWFUL SALE OF DRUGS." (2) However, the posting of the notice is not a necessary element for the enhancement of a sentence under this section.

(1) Except for property covered by subdivision (a)(2)(C) of this section, property covered by this section shall have a notice posted at the entrances to the property stating: "THE SALE OF DRUGS UPON OR WITHIN ONE THOUSAND FEET (1000') OF THIS PROPERTY MAY SUBJECT THE SELLER OF THE DRUGS TO AN ADDITIONAL TEN (10) YEARS IMPRISONMENT IN ADDITION TO THE TERM OF IMPRISONMENT OTHERWISE PROVIDED FOR THE UNLAWFUL SALE OF DRUGS."

"THE SALE OF DRUGS UPON OR WITHIN ONE THOUSAND FEET (1000') OF THIS PROPERTY MAY SUBJECT THE SELLER OF THE DRUGS TO AN ADDITIONAL TEN (10) YEARS IMPRISONMENT IN ADDITION TO THE TERM OF IMPRISONMENT OTHERWISE PROVIDED FOR THE UNLAWFUL SALE OF DRUGS."

(2) However, the posting of the notice is not a necessary element for the enhancement of a sentence under this section.

(e) As used in this section, "recreation center" means a public place of entertainment consisting of various types of entertainment, including without limitation billiards or pool, ping pong or table tennis, bowling, video games, pinball machines, or any other similar type of entertainment.

Amended by Act 2023, No. 659,§ 45, eff. 1/1/2024.

Acts 1989 (3rd Ex. Sess.), No. 88, § 1; 1991, No. 864, § 1; 1995, No. 778, § 1; 1995, No. 799, § 1; 1997, No. 1056, § 1; 2001, No. 1553, § 12; 2003, No. 1707, § 1; 2005, No. 195, § 1; 2005, No. 1994, § 305[B]; 2007, No. 345, § 1; 2007, No. 827, § 62; 2007, No. 1047, § 3; 2011, No. 570, § 42.
Ark. Code Ann. § 5-27-602 — AR Code / Title 5 / Chapter 27 / Subchapter 6 / Section 5-27-602
Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child
Status: in_force

(a) A person commits distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child if the person knowingly: (1) Receives for the purpose of selling or knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers, or agrees to offer through any means, including the Internet, any photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct; or (2) Possesses or views through any means, including on the Internet, any photograph, film, videotape, computer program or file, computer-generated image, video game, or any other reproduction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct. (b) Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child is a: (1) Class C felony for the first offense; and (2) Class B felony for any subsequent offense. (c) It is an affirmative defense to a prosecution under this section that the defendant in good faith reasonably believed that the person depicted in the matter was seventeen (17) years of age or older. Acts 2001, No. 1496, § 1; 2003, No. 1087, § 3; 2005, No. 1994, § 492.

(a) A person commits distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child if the person knowingly: (1) Receives for the purpose of selling or knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers, or agrees to offer through any means, including the Internet, any photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct; or (2) Possesses or views through any means, including on the Internet, any photograph, film, videotape, computer program or file, computer-generated image, video game, or any other reproduction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct.

(1) Receives for the purpose of selling or knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers, or agrees to offer through any means, including the Internet, any photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct; or

(2) Possesses or views through any means, including on the Internet, any photograph, film, videotape, computer program or file, computer-generated image, video game, or any other reproduction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct.

(b) Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child is a: (1) Class C felony for the first offense; and (2) Class B felony for any subsequent offense.

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

(2) Class B felony for any subsequent offense.

(c) It is an affirmative defense to a prosecution under this section that the defendant in good faith reasonably believed that the person depicted in the matter was seventeen (17) years of age or older.

Acts 2001, No. 1496, § 1; 2003, No. 1087, § 3; 2005, No. 1994, § 492.
Ark. Code Ann. § 5-66-116 — AR Code / Title 5 / Chapter 66 / Section 5-66-116
Horseracing - Betting
Status: in_force

(a) It is unlawful to directly or indirectly bet in this state, by selling or buying pools or otherwise, any money or other valuable thing, on any horse race of any kind whether had or run in this state or out of this state. (b) (1) Upon conviction, a person who violates subsection (a) of this section is guilty of: (A) A violation for the first offense and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00); (B) A violation for the second offense and shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100); and (C) An unclassified misdemeanor for all offenses after the second offense and shall be fined in any sum not more than five hundred dollars ($500) and imprisoned for a term of not less than thirty (30) days nor more than six (6) months. (2) Every bet, wager, sale of pools, or purchase of pools is deemed a separate offense. (c) It is the duty of circuit judges and prosecuting attorneys of this state, the grand juries and mayors of the cities and towns of this state, the police officers and marshals of the cities and towns, and the justices of the peace, sheriffs, and constables to enforce the provisions of this section when this section is violated in their presence or when the information of the violation is brought to their knowledge by affidavit or otherwise. (d) If any sheriff, constable, or police officer refuses or neglects to immediately arrest and bring before some court of competent jurisdiction for trial any person who violates this section, when the knowledge of the violation is brought to his or her attention by the affidavit of any resident of the county where the offense is committed, the sheriff, constable, or police officer is deemed guilty of nonfeasance in office and upon conviction shall be fined in any sum not more than five hundred dollars ($500) and shall be removed from office. Acts 1907, No. 55, §§ 1-4, p. 134; C. & M. Dig., §§ 2669-2672; Pope's Dig., §§ 3355-3358; A.S.A. 1947, §§ 41-3278 -- 41-3281; Acts 2009, No. 748, § 37.

(a) It is unlawful to directly or indirectly bet in this state, by selling or buying pools or otherwise, any money or other valuable thing, on any horse race of any kind whether had or run in this state or out of this state.

(b) (1) Upon conviction, a person who violates subsection (a) of this section is guilty of: (A) A violation for the first offense and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00); (B) A violation for the second offense and shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100); and (C) An unclassified misdemeanor for all offenses after the second offense and shall be fined in any sum not more than five hundred dollars ($500) and imprisoned for a term of not less than thirty (30) days nor more than six (6) months. (2) Every bet, wager, sale of pools, or purchase of pools is deemed a separate offense.

(1) Upon conviction, a person who violates subsection (a) of this section is guilty of: (A) A violation for the first offense and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00); (B) A violation for the second offense and shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100); and (C) An unclassified misdemeanor for all offenses after the second offense and shall be fined in any sum not more than five hundred dollars ($500) and imprisoned for a term of not less than thirty (30) days nor more than six (6) months.

(A) A violation for the first offense and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00);

(B) A violation for the second offense and shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100); and

(C) An unclassified misdemeanor for all offenses after the second offense and shall be fined in any sum not more than five hundred dollars ($500) and imprisoned for a term of not less than thirty (30) days nor more than six (6) months.

(2) Every bet, wager, sale of pools, or purchase of pools is deemed a separate offense.

(c) It is the duty of circuit judges and prosecuting attorneys of this state, the grand juries and mayors of the cities and towns of this state, the police officers and marshals of the cities and towns, and the justices of the peace, sheriffs, and constables to enforce the provisions of this section when this section is violated in their presence or when the information of the violation is brought to their knowledge by affidavit or otherwise.

(d) If any sheriff, constable, or police officer refuses or neglects to immediately arrest and bring before some court of competent jurisdiction for trial any person who violates this section, when the knowledge of the violation is brought to his or her attention by the affidavit of any resident of the county where the offense is committed, the sheriff, constable, or police officer is deemed guilty of nonfeasance in office and upon conviction shall be fined in any sum not more than five hundred dollars ($500) and shall be removed from office.

Acts 1907, No. 55, §§ 1-4, p. 134; C. & M. Dig., §§ 2669-2672; Pope's Dig., §§ 3355-3358; A.S.A. 1947, §§ 41-3278 -- 41-3281; Acts 2009, No. 748, § 37.
Ark. Code Ann. § 5-3-406 — AR Code / Title 5 / Chapter 3 / Subchapter 4 / Section 5-3-406
Statute of limitations
Status: in_force

(a) For the purposes of § 5-1-109 , a conspiracy is a continuing course of conduct that terminates when the offense or offenses that are the object of the conspiracy are committed. (b) However, if a person abandons the agreement a conspiracy is terminated as to him or her only, when the person: (1) Advises other persons with whom the person conspired of his or her abandonment; or (2) Informs a law enforcement authority of the existence of the conspiracy and of his or her participation in the conspiracy. Acts 1975, No. 280, § 711; A.S.A. 1947, § 41-711.

(a) For the purposes of § 5-1-109 , a conspiracy is a continuing course of conduct that terminates when the offense or offenses that are the object of the conspiracy are committed.

(b) However, if a person abandons the agreement a conspiracy is terminated as to him or her only, when the person: (1) Advises other persons with whom the person conspired of his or her abandonment; or (2) Informs a law enforcement authority of the existence of the conspiracy and of his or her participation in the conspiracy.

(1) Advises other persons with whom the person conspired of his or her abandonment; or

(2) Informs a law enforcement authority of the existence of the conspiracy and of his or her participation in the conspiracy.

Acts 1975, No. 280, § 711; A.S.A. 1947, § 41-711.
Ark. Code Ann. § 5-72-104 — AR Code / Title 5 / Chapter 72 / Section 5-72-104
Leaving timber in navigable stream, drainage ditch, or stream bed
Status: in_force

(a) It is unlawful for any person, partnership, company, or corporation cutting any timber or tree in this state to leave any tree top, tree trunk, or tree limb in any navigable stream, drainage ditch, or stream bed of any improved drainage project. (b) (1) Any person, partnership, company, or corporation violating a provision of this section is guilty of a Class B misdemeanor. (2) Each violation of this section constitutes a separate offense. Acts 1965, No. 91, §§ 1, 2; A.S.A. 1947, §§ 41-4066, 41-4067; Acts 2005, No. 1994, § 383.

(a) It is unlawful for any person, partnership, company, or corporation cutting any timber or tree in this state to leave any tree top, tree trunk, or tree limb in any navigable stream, drainage ditch, or stream bed of any improved drainage project.

(b) (1) Any person, partnership, company, or corporation violating a provision of this section is guilty of a Class B misdemeanor. (2) Each violation of this section constitutes a separate offense.

(1) Any person, partnership, company, or corporation violating a provision of this section is guilty of a Class B misdemeanor.

(2) Each violation of this section constitutes a separate offense.

Acts 1965, No. 91, §§ 1, 2; A.S.A. 1947, §§ 41-4066, 41-4067; Acts 2005, No. 1994, § 383.
Ark. Code Ann. § 5-52-101 — AR Code / Title 5 / Chapter 52 / Section 5-52-101
Abuse of public trust
Status: in_force

(a) A person commits the offense of abuse of public trust if the person: (1) Solicits, accepts, or agrees to accept on behalf of any person, political party, or other organization any benefit from another person upon an agreement or understanding that the other person will or may be appointed a public servant or designated or nominated as a candidate for public office; (2) Offers, confers, or agrees to confer any benefit and the receipt of the benefit is prohibited by this section; (3) Solicits, accepts, or agrees to accept any benefit as compensation or consideration for having given as a public servant, or as a person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position, a decision, opinion, recommendation, or vote favorable to another person or for having otherwise exercised his or her discretion in favor of another person; or (4) Offers, confers, or agrees to confer any benefit upon a public servant, or a person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position, and the receipt of the benefit is prohibited by this section. (b) It is not a defense to a prosecution under this section that the decision, opinion, recommendation, vote, or use of discretion, except for the benefit, was otherwise proper. (c) Abuse of public trust is a: (1) Class B felony if the value of the benefit is twenty-five thousand dollars ($25,000) or more; (2) Class C felony if the value of the benefit is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000); (3) Class D felony if the value of the benefit is five hundred dollars ($500) or more but less than five thousand dollars ($5,000); or (4) Class A misdemeanor if the value of the benefit is less than five hundred dollars ($500) or the value of the benefit cannot be determined. Amended by Act 2017, No. 431,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1270,§ 1, eff. 7/22/2015. Acts 1975, No. 280, § 2701; A.S.A. 1947, § 41-2701; Acts 2005, No. 1994, § 328.

(a) A person commits the offense of abuse of public trust if the person: (1) Solicits, accepts, or agrees to accept on behalf of any person, political party, or other organization any benefit from another person upon an agreement or understanding that the other person will or may be appointed a public servant or designated or nominated as a candidate for public office; (2) Offers, confers, or agrees to confer any benefit and the receipt of the benefit is prohibited by this section; (3) Solicits, accepts, or agrees to accept any benefit as compensation or consideration for having given as a public servant, or as a person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position, a decision, opinion, recommendation, or vote favorable to another person or for having otherwise exercised his or her discretion in favor of another person; or (4) Offers, confers, or agrees to confer any benefit upon a public servant, or a person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position, and the receipt of the benefit is prohibited by this section.

(1) Solicits, accepts, or agrees to accept on behalf of any person, political party, or other organization any benefit from another person upon an agreement or understanding that the other person will or may be appointed a public servant or designated or nominated as a candidate for public office;

(2) Offers, confers, or agrees to confer any benefit and the receipt of the benefit is prohibited by this section;

(3) Solicits, accepts, or agrees to accept any benefit as compensation or consideration for having given as a public servant, or as a person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position, a decision, opinion, recommendation, or vote favorable to another person or for having otherwise exercised his or her discretion in favor of another person; or

(4) Offers, confers, or agrees to confer any benefit upon a public servant, or a person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position, and the receipt of the benefit is prohibited by this section.

(b) It is not a defense to a prosecution under this section that the decision, opinion, recommendation, vote, or use of discretion, except for the benefit, was otherwise proper.

(c) Abuse of public trust is a: (1) Class B felony if the value of the benefit is twenty-five thousand dollars ($25,000) or more; (2) Class C felony if the value of the benefit is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000); (3) Class D felony if the value of the benefit is five hundred dollars ($500) or more but less than five thousand dollars ($5,000); or (4) Class A misdemeanor if the value of the benefit is less than five hundred dollars ($500) or the value of the benefit cannot be determined.

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

(2) Class C felony if the value of the benefit is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000);

(3) Class D felony if the value of the benefit is five hundred dollars ($500) or more but less than five thousand dollars ($5,000); or

(4) Class A misdemeanor if the value of the benefit is less than five hundred dollars ($500) or the value of the benefit cannot be determined.

Amended by Act 2017, No. 431,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1270,§ 1, eff. 7/22/2015.

Acts 1975, No. 280, § 2701; A.S.A. 1947, § 41-2701; Acts 2005, No. 1994, § 328.
Ark. Code Ann. § 5-64-413 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-413
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1460,§ 2, eff. 1/1/2014. Acts 2005, No. 1994, § 305[B]; 2011, No. 570, § 43; 2011, No. 626, § 2.

Repealed by Act 2013, No. 1460,§ 2, eff. 1/1/2014.

Acts 2005, No. 1994, § 305[B]; 2011, No. 570, § 43; 2011, No. 626, § 2.
Ark. Code Ann. § 5-65-117 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-117
Seizure and sale of a motor vehicle or motorboat
Status: in_force

(a) (1) (A) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a fourth or subsequent offense occurring within five (5) years of the first offense may have his or her motor vehicle or motorboat seized at the discretion of the court. (B) A motor vehicle or motorboat seized under this section shall be the motor vehicle or motorboat that the person was operating or was in actual physical control of at the time he or she committed the fourth offense. (C) The title to the motor vehicle or motorboat is forfeited to the state if the motor vehicle or motorboat is seized under this section. (2) (A) It is the duty of the county sheriff of the county where the offense occurred to seize the motor vehicle or motorboat if seizure is ordered by the court. (B) The court may issue an order directing the county sheriff to sell the seized motor vehicle or motorboat at a public auction to the highest bidder within thirty (30) days from the date of judgment. (b) (1) The county sheriff shall advertise the motor vehicle or motorboat for sale for a period of two (2) weeks prior to the date of sale by at least one (1) insertion per week in a newspaper having a bona fide circulation in the county. (2) The notice shall include a brief description of the motor vehicle or motorboat to be sold and the time, place, and terms of the sale. (c) The proceeds of the sale of the seized motor vehicle or motorboat shall be deposited into the county general fund. (d) (1) The county sheriff shall report his or her actions to the court in which the defendant was tried after the county sheriff has made the sale and has turned over the proceeds of the sale to the county treasurer. (2) The report required by subdivision (d)(1) of this section shall be filed with the court within sixty (60) days from the date of judgment. (e) A forfeiture of a motor vehicle or motorboat under this section that is encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the offense. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Amended by Act 2013, No. 412,§ 1, eff. 8/16/2013. Acts 1989 (3rd Ex. Sess.), No. 94, § 1.

(a) (1) (A) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a fourth or subsequent offense occurring within five (5) years of the first offense may have his or her motor vehicle or motorboat seized at the discretion of the court. (B) A motor vehicle or motorboat seized under this section shall be the motor vehicle or motorboat that the person was operating or was in actual physical control of at the time he or she committed the fourth offense. (C) The title to the motor vehicle or motorboat is forfeited to the state if the motor vehicle or motorboat is seized under this section. (2) (A) It is the duty of the county sheriff of the county where the offense occurred to seize the motor vehicle or motorboat if seizure is ordered by the court. (B) The court may issue an order directing the county sheriff to sell the seized motor vehicle or motorboat at a public auction to the highest bidder within thirty (30) days from the date of judgment.

(1) (A) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a fourth or subsequent offense occurring within five (5) years of the first offense may have his or her motor vehicle or motorboat seized at the discretion of the court. (B) A motor vehicle or motorboat seized under this section shall be the motor vehicle or motorboat that the person was operating or was in actual physical control of at the time he or she committed the fourth offense. (C) The title to the motor vehicle or motorboat is forfeited to the state if the motor vehicle or motorboat is seized under this section.

(A) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a fourth or subsequent offense occurring within five (5) years of the first offense may have his or her motor vehicle or motorboat seized at the discretion of the court.

(B) A motor vehicle or motorboat seized under this section shall be the motor vehicle or motorboat that the person was operating or was in actual physical control of at the time he or she committed the fourth offense.

(C) The title to the motor vehicle or motorboat is forfeited to the state if the motor vehicle or motorboat is seized under this section.

(2) (A) It is the duty of the county sheriff of the county where the offense occurred to seize the motor vehicle or motorboat if seizure is ordered by the court. (B) The court may issue an order directing the county sheriff to sell the seized motor vehicle or motorboat at a public auction to the highest bidder within thirty (30) days from the date of judgment.

(A) It is the duty of the county sheriff of the county where the offense occurred to seize the motor vehicle or motorboat if seizure is ordered by the court.

(B) The court may issue an order directing the county sheriff to sell the seized motor vehicle or motorboat at a public auction to the highest bidder within thirty (30) days from the date of judgment.

(b) (1) The county sheriff shall advertise the motor vehicle or motorboat for sale for a period of two (2) weeks prior to the date of sale by at least one (1) insertion per week in a newspaper having a bona fide circulation in the county. (2) The notice shall include a brief description of the motor vehicle or motorboat to be sold and the time, place, and terms of the sale.

(1) The county sheriff shall advertise the motor vehicle or motorboat for sale for a period of two (2) weeks prior to the date of sale by at least one (1) insertion per week in a newspaper having a bona fide circulation in the county.

(2) The notice shall include a brief description of the motor vehicle or motorboat to be sold and the time, place, and terms of the sale.

(c) The proceeds of the sale of the seized motor vehicle or motorboat shall be deposited into the county general fund.

(d) (1) The county sheriff shall report his or her actions to the court in which the defendant was tried after the county sheriff has made the sale and has turned over the proceeds of the sale to the county treasurer. (2) The report required by subdivision (d)(1) of this section shall be filed with the court within sixty (60) days from the date of judgment.

(1) The county sheriff shall report his or her actions to the court in which the defendant was tried after the county sheriff has made the sale and has turned over the proceeds of the sale to the county treasurer.

(2) The report required by subdivision (d)(1) of this section shall be filed with the court within sixty (60) days from the date of judgment.

(e) A forfeiture of a motor vehicle or motorboat under this section that is encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the offense.

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

Amended by Act 2013, No. 412,§ 1, eff. 8/16/2013.

Acts 1989 (3rd Ex. Sess.), No. 94, § 1.
Ark. Code Ann. § 5-5-102 — AR Code / Title 5 / Chapter 5 / Subchapter 1 / Section 5-5-102
Effect of noncode statutes
Status: in_force

When a statute not a part of the Arkansas Criminal Code specifies a procedure for the disposition or destruction of a particular type of seized property, the seized property shall be disposed of or destroyed in accordance with that statute. Acts 1975, No. 280, § 1402; A.S.A. 1947, § 41-1402.

When a statute not a part of the Arkansas Criminal Code specifies a procedure for the disposition or destruction of a particular type of seized property, the seized property shall be disposed of or destroyed in accordance with that statute.

Acts 1975, No. 280, § 1402; A.S.A. 1947, § 41-1402.
Ark. Code Ann. § 5-54-120 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-120
Failure to appear
Status: in_force

(a) As used in this section, "pending charge" means a charge that results from an arrest or issuance of a citation or criminal summons, or after the filing of a criminal information or indictment and that has not been resolved by acquittal, conviction, dismissal, or nolle prosequi. (b) A person commits the offense of failure to appear if he or she fails to appear without reasonable excuse subsequent to having been: (1) Cited or summonsed as an accused; or (2) Lawfully set at liberty upon condition that he or she appear at a specified time, place, and court. (c) Failure to appear is a: (1) Class C felony if the required appearance was in regard to a pending charge or disposition of a felony charge either before or after a determination of guilt of the felony charge; (2) Class D felony if the required appearance was in regard to an order to appear issued before a revocation hearing under § 16-93-307 and the defendant was placed on probation or received a suspended sentence for a felony offense; (3) Class A misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class A misdemeanor charge either before or after a determination of guilt of the Class A misdemeanor charge; (4) Class B misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class B misdemeanor charge either before or after a determination of guilt of the Class B misdemeanor charge; (5) Class B misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class C misdemeanor charge either before or after a determination of guilt of the Class C misdemeanor charge; (6) Unclassified misdemeanor with the same penalty as the unclassified misdemeanor in the pending charge or disposition if the required appearance was in regard to a pending charge or disposition of an unclassified misdemeanor either before or after a determination of guilt on the unclassified misdemeanor charge; and (7) Class C misdemeanor if the required appearance was in regard to a pending charge or disposition of a violation either before or after a determination of guilt of the violation charge. (d) This section does not apply to an order to appear imposed as a condition of suspension or probation under § 5-4-303 . Amended by Act 2019, No. 322,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 1155,§ 9, eff. 7/22/2015. Amended by Act 2015, No. 538,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1193,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 2820; A.S.A. 1947, § 41-2820; Acts 1991, No. 916, § 1; 2011, No. 514, § 1; 2011, No. 570, § 32.

(a) As used in this section, "pending charge" means a charge that results from an arrest or issuance of a citation or criminal summons, or after the filing of a criminal information or indictment and that has not been resolved by acquittal, conviction, dismissal, or nolle prosequi.

(b) A person commits the offense of failure to appear if he or she fails to appear without reasonable excuse subsequent to having been: (1) Cited or summonsed as an accused; or (2) Lawfully set at liberty upon condition that he or she appear at a specified time, place, and court.

(1) Cited or summonsed as an accused; or

(2) Lawfully set at liberty upon condition that he or she appear at a specified time, place, and court.

(c) Failure to appear is a: (1) Class C felony if the required appearance was in regard to a pending charge or disposition of a felony charge either before or after a determination of guilt of the felony charge; (2) Class D felony if the required appearance was in regard to an order to appear issued before a revocation hearing under § 16-93-307 and the defendant was placed on probation or received a suspended sentence for a felony offense; (3) Class A misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class A misdemeanor charge either before or after a determination of guilt of the Class A misdemeanor charge; (4) Class B misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class B misdemeanor charge either before or after a determination of guilt of the Class B misdemeanor charge; (5) Class B misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class C misdemeanor charge either before or after a determination of guilt of the Class C misdemeanor charge; (6) Unclassified misdemeanor with the same penalty as the unclassified misdemeanor in the pending charge or disposition if the required appearance was in regard to a pending charge or disposition of an unclassified misdemeanor either before or after a determination of guilt on the unclassified misdemeanor charge; and (7) Class C misdemeanor if the required appearance was in regard to a pending charge or disposition of a violation either before or after a determination of guilt of the violation charge.

(1) Class C felony if the required appearance was in regard to a pending charge or disposition of a felony charge either before or after a determination of guilt of the felony charge;

(2) Class D felony if the required appearance was in regard to an order to appear issued before a revocation hearing under § 16-93-307 and the defendant was placed on probation or received a suspended sentence for a felony offense;

(3) Class A misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class A misdemeanor charge either before or after a determination of guilt of the Class A misdemeanor charge;

(4) Class B misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class B misdemeanor charge either before or after a determination of guilt of the Class B misdemeanor charge;

(5) Class B misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class C misdemeanor charge either before or after a determination of guilt of the Class C misdemeanor charge;

(6) Unclassified misdemeanor with the same penalty as the unclassified misdemeanor in the pending charge or disposition if the required appearance was in regard to a pending charge or disposition of an unclassified misdemeanor either before or after a determination of guilt on the unclassified misdemeanor charge; and

(7) Class C misdemeanor if the required appearance was in regard to a pending charge or disposition of a violation either before or after a determination of guilt of the violation charge.

(d) This section does not apply to an order to appear imposed as a condition of suspension or probation under § 5-4-303 .

Amended by Act 2019, No. 322,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 1155,§ 9, eff. 7/22/2015.

Amended by Act 2015, No. 538,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1193,§ 1, eff. 8/16/2013.

Acts 1975, No. 280, § 2820; A.S.A. 1947, § 41-2820; Acts 1991, No. 916, § 1; 2011, No. 514, § 1; 2011, No. 570, § 32.
Ark. Code Ann. § 5-73-109 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-109
Furnishing a deadly weapon to a minor
Status: in_force

(a) A person commits the offense of furnishing a deadly weapon to a minor if he or she sells, barters, leases, gives, rents, or otherwise furnishes a firearm or other deadly weapon to a minor without the consent of a parent, guardian, or other person responsible for general supervision of the minor's welfare. (b) (1) Furnishing a deadly weapon to a minor is a Class A misdemeanor. (2) However, furnishing a deadly weapon to a minor is a Class B felony if the deadly weapon is: (A) A handgun; (B) An explosive or incendiary device, as defined in § 5-71-301 ; (C) Metal knuckles; (D) A defaced firearm, as described in § 5-73-107 ; or (E) Another implement for the infliction of serious physical injury or death that serves no lawful purpose. Amended by Act 2019, No. 1051,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 495,§ 2, eff. 7/24/2019. Acts 1975, No. 280, § 3109; A.S.A., 1947, § 41-3109; Acts 1994 (2nd Ex. Sess.), No. 45, § 1.

(a) A person commits the offense of furnishing a deadly weapon to a minor if he or she sells, barters, leases, gives, rents, or otherwise furnishes a firearm or other deadly weapon to a minor without the consent of a parent, guardian, or other person responsible for general supervision of the minor's welfare.

(b) (1) Furnishing a deadly weapon to a minor is a Class A misdemeanor. (2) However, furnishing a deadly weapon to a minor is a Class B felony if the deadly weapon is: (A) A handgun; (B) An explosive or incendiary device, as defined in § 5-71-301 ; (C) Metal knuckles; (D) A defaced firearm, as described in § 5-73-107 ; or (E) Another implement for the infliction of serious physical injury or death that serves no lawful purpose.

(1) Furnishing a deadly weapon to a minor is a Class A misdemeanor.

(2) However, furnishing a deadly weapon to a minor is a Class B felony if the deadly weapon is: (A) A handgun; (B) An explosive or incendiary device, as defined in § 5-71-301 ; (C) Metal knuckles; (D) A defaced firearm, as described in § 5-73-107 ; or (E) Another implement for the infliction of serious physical injury or death that serves no lawful purpose.

(A) A handgun;

(B) An explosive or incendiary device, as defined in § 5-71-301 ;

(C) Metal knuckles;

(D) A defaced firearm, as described in § 5-73-107 ; or

(E) Another implement for the infliction of serious physical injury or death that serves no lawful purpose.

Amended by Act 2019, No. 1051,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 495,§ 2, eff. 7/24/2019.

Acts 1975, No. 280, § 3109; A.S.A., 1947, § 41-3109; Acts 1994 (2nd Ex. Sess.), No. 45, § 1.
Ark. Code Ann. § 5-37-216 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-216
Defrauding a prospective adoptive parent
Status: in_force

(a) As used in this section: (1) "Aggregate financial benefit" means the total financial benefit received by a person preceding, during, and after the pregnancy of the person; (2) "Financial benefit" means any cost for prenatal, delivery, or postnatal care, including without limitation reasonable costs for: (A) Housing; (B) Food; (C) Clothing; (D) Medical expenses; or (E) General maintenance; and (3) "Prospective adoptive parent" means a person who through his or her actions has a stated or unstated intention to begin the process of adopting a minor, whether or not the minor is known to him or her. (b) A person commits the offense of defrauding a prospective adoptive parent if he or she: (1) Knowingly obtains a financial benefit from a prospective adoptive parent or from an agent of a prospective adoptive parent with a purpose to defraud the prospective adoptive parent or the agent of the prospective adoptive parent of the financial benefit; and (2) Does not: (A) Consent to the adoption; or (B) Complete the adoption process. (c) Defrauding a prospective adoptive parent is a: (1) Class B felony if: (A) The aggregate financial benefit is two thousand five hundred dollars ($2,500) or more; or (B) The person has previously been convicted under this section; (2) Class C felony if the aggregate financial benefit is five hundred dollars ($500) or more but less than two thousand five hundred dollars ($2,500); or (3) Class A misdemeanor if the aggregate financial benefit is less than five hundred dollars ($500). Acts 2011, No. 697, § 1.

(a) As used in this section: (1) "Aggregate financial benefit" means the total financial benefit received by a person preceding, during, and after the pregnancy of the person; (2) "Financial benefit" means any cost for prenatal, delivery, or postnatal care, including without limitation reasonable costs for: (A) Housing; (B) Food; (C) Clothing; (D) Medical expenses; or (E) General maintenance; and (3) "Prospective adoptive parent" means a person who through his or her actions has a stated or unstated intention to begin the process of adopting a minor, whether or not the minor is known to him or her.

(1) "Aggregate financial benefit" means the total financial benefit received by a person preceding, during, and after the pregnancy of the person;

(2) "Financial benefit" means any cost for prenatal, delivery, or postnatal care, including without limitation reasonable costs for: (A) Housing; (B) Food; (C) Clothing; (D) Medical expenses; or (E) General maintenance; and

(A) Housing;

(B) Food;

(C) Clothing;

(D) Medical expenses; or

(E) General maintenance; and

(3) "Prospective adoptive parent" means a person who through his or her actions has a stated or unstated intention to begin the process of adopting a minor, whether or not the minor is known to him or her.

(b) A person commits the offense of defrauding a prospective adoptive parent if he or she: (1) Knowingly obtains a financial benefit from a prospective adoptive parent or from an agent of a prospective adoptive parent with a purpose to defraud the prospective adoptive parent or the agent of the prospective adoptive parent of the financial benefit; and (2) Does not: (A) Consent to the adoption; or (B) Complete the adoption process.

(1) Knowingly obtains a financial benefit from a prospective adoptive parent or from an agent of a prospective adoptive parent with a purpose to defraud the prospective adoptive parent or the agent of the prospective adoptive parent of the financial benefit; and

(2) Does not: (A) Consent to the adoption; or (B) Complete the adoption process.

(A) Consent to the adoption; or

(B) Complete the adoption process.

(c) Defrauding a prospective adoptive parent is a: (1) Class B felony if: (A) The aggregate financial benefit is two thousand five hundred dollars ($2,500) or more; or (B) The person has previously been convicted under this section; (2) Class C felony if the aggregate financial benefit is five hundred dollars ($500) or more but less than two thousand five hundred dollars ($2,500); or (3) Class A misdemeanor if the aggregate financial benefit is less than five hundred dollars ($500).

(1) Class B felony if: (A) The aggregate financial benefit is two thousand five hundred dollars ($2,500) or more; or (B) The person has previously been convicted under this section;

(A) The aggregate financial benefit is two thousand five hundred dollars ($2,500) or more; or

(B) The person has previously been convicted under this section;

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

(3) Class A misdemeanor if the aggregate financial benefit is less than five hundred dollars ($500).

Acts 2011, No. 697, § 1.
Ark. Code Ann. § 5-72-109 — AR Code / Title 5 / Chapter 72 / Section 5-72-109
Injuring levees
Status: in_force

(a) Should any person cut, break, or in any way damage any public levee constructed or to be constructed, by authority of this state, or paid for or to be paid for, out of any funds of this state, or out of the funds of any county or public corporation, in whole or in part, that person is guilty of a Class D felony. (b) (1) Any person who enters upon the premises of another and willfully and maliciously cuts down, breaks, or destroys any levee erected or constructed to prevent the overflow of lands, or any embankment necessary to support the levee, with intent to destroy or injure the levee or embankment, is guilty of a felony. (2) However, nothing in this section shall be construed to protect any levee or embankment obstructing or damming a running stream or natural outlet for the water so as to injure another person, unless the levee or embankment has been condemned to public use in the manner provided by the Arkansas Constitution and laws of the state. Acts 1874 (Spec. Sess.), No. 27, §§ 1-3, p. 37; C. & M. Dig., §§ 2747-2749; Pope's Dig., §§ 3430-3432; A.S.A. 1947, §§ 41-4057 -- 41-4059; Acts 2005, No. 1994, § 431.

(a) Should any person cut, break, or in any way damage any public levee constructed or to be constructed, by authority of this state, or paid for or to be paid for, out of any funds of this state, or out of the funds of any county or public corporation, in whole or in part, that person is guilty of a Class D felony.

(b) (1) Any person who enters upon the premises of another and willfully and maliciously cuts down, breaks, or destroys any levee erected or constructed to prevent the overflow of lands, or any embankment necessary to support the levee, with intent to destroy or injure the levee or embankment, is guilty of a felony. (2) However, nothing in this section shall be construed to protect any levee or embankment obstructing or damming a running stream or natural outlet for the water so as to injure another person, unless the levee or embankment has been condemned to public use in the manner provided by the Arkansas Constitution and laws of the state.

(1) Any person who enters upon the premises of another and willfully and maliciously cuts down, breaks, or destroys any levee erected or constructed to prevent the overflow of lands, or any embankment necessary to support the levee, with intent to destroy or injure the levee or embankment, is guilty of a felony.

(2) However, nothing in this section shall be construed to protect any levee or embankment obstructing or damming a running stream or natural outlet for the water so as to injure another person, unless the levee or embankment has been condemned to public use in the manner provided by the Arkansas Constitution and laws of the state.

Acts 1874 (Spec. Sess.), No. 27, §§ 1-3, p. 37; C. & M. Dig., §§ 2747-2749; Pope's Dig., §§ 3430-3432; A.S.A. 1947, §§ 41-4057 -- 41-4059; Acts 2005, No. 1994, § 431.
Ark. Code Ann. § 5-68-410 — AR Code / Title 5 / Chapter 68 / Subchapter 4 / Section 5-68-410
Trial procedure
Status: in_force

(a) The public interest requires that any action prescribed in this subchapter, other than a criminal action under § 5-68-405 , be heard and disposed of with the maximum promptness and dispatch commensurate with constitutional requirements, including due process, freedom of the press, and freedom of speech. (b) The rules of civil procedure pertaining to equity cases are applicable to the trial of an action prescribed in this subchapter, other than a criminal action under § 5-68-405 . Acts 1961, No. 261, § 9; A.S.A. 1947, § 41-3570.

(a) The public interest requires that any action prescribed in this subchapter, other than a criminal action under § 5-68-405 , be heard and disposed of with the maximum promptness and dispatch commensurate with constitutional requirements, including due process, freedom of the press, and freedom of speech.

(b) The rules of civil procedure pertaining to equity cases are applicable to the trial of an action prescribed in this subchapter, other than a criminal action under § 5-68-405 .

Acts 1961, No. 261, § 9; A.S.A. 1947, § 41-3570.
Ark. Code Ann. § 5-73-307 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-307
List of license holders
Status: in_force

(a) The Department of Arkansas State Police shall maintain an automated listing of license holders, and this information shall be available online, upon request, at any time, to any law enforcement agency through the Arkansas Crime Information Center. (b) Nothing in this subchapter shall be construed to require or allow the registration, documentation, or providing of a serial number with regard to any firearm. Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 3; 2007, No. 827, § 100.

(a) The Department of Arkansas State Police shall maintain an automated listing of license holders, and this information shall be available online, upon request, at any time, to any law enforcement agency through the Arkansas Crime Information Center.

(b) Nothing in this subchapter shall be construed to require or allow the registration, documentation, or providing of a serial number with regard to any firearm.

Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 3; 2007, No. 827, § 100.
Ark. Code Ann. § 5-4-805 — AR Code / Title 5 / Chapter 4 / Subchapter 8 / Section 5-4-805
Reimbursement for housing eligible offenders
Status: in_force

The state shall reimburse a county for housing an eligible offender convicted of a felony offense and sentenced under this subchapter at a rate to be determined by the Board of Corrections. Acts 2011, No. 570, § 21.

The state shall reimburse a county for housing an eligible offender convicted of a felony offense and sentenced under this subchapter at a rate to be determined by the Board of Corrections.

Acts 2011, No. 570, § 21.
Ark. Code Ann. § 5-74-106 — AR Code / Title 5 / Chapter 74 / Subchapter 1 / Section 5-74-106
Simultaneous possession of drugs and firearms
Status: in_force

(a) A person shall not unlawfully commit a felony violation of §§ 5-64-419 - 5-64-442 or unlawfully attempt, solicit, or conspire to commit a felony violation of §§ 5-64-419 - 5-64-442 while in possession of: (1) A firearm; or (2) Any implement or weapon that may be used to inflict serious physical injury or death, and that under the circumstances serves no apparent lawful purpose. (b) Any person who violates this section is guilty of a Class Y felony. (c) This section does not apply to a misdemeanor drug offense. (d) It is a defense to this section that the defendant was in his or her home and the firearm or other implement or weapon was not readily accessible for use. Acts 1993, No. 1002, § 1; 2007, No. 827, § 105; 2011, No. 570, § 70.

(a) A person shall not unlawfully commit a felony violation of §§ 5-64-419 - 5-64-442 or unlawfully attempt, solicit, or conspire to commit a felony violation of §§ 5-64-419 - 5-64-442 while in possession of: (1) A firearm; or (2) Any implement or weapon that may be used to inflict serious physical injury or death, and that under the circumstances serves no apparent lawful purpose.

(1) A firearm; or

(2) Any implement or weapon that may be used to inflict serious physical injury or death, and that under the circumstances serves no apparent lawful purpose.

(b) Any person who violates this section is guilty of a Class Y felony.

(c) This section does not apply to a misdemeanor drug offense.

(d) It is a defense to this section that the defendant was in his or her home and the firearm or other implement or weapon was not readily accessible for use.

Acts 1993, No. 1002, § 1; 2007, No. 827, § 105; 2011, No. 570, § 70.
Ark. Code Ann. § 5-66-115 — AR Code / Title 5 / Chapter 66 / Section 5-66-115
Sports or games - Bribery of participants
Status: in_force

(a) As used in this section: (1) "Participant" means any: (A) Professional or amateur baseball, football, basketball, hockey, polo, tennis, or other athletic player; (B) Boxer; (C) Jockey, driver, groom, or other person participating or expecting to participate in a horse race, including an owner of a race track or the owner's employee, steward, trainer, judge, starter, or special police officer; or (D) Manager, coach, or trainer of any sport team or participant or prospective participant in any sport team, sport game, or sport contest; and (2) "Sport" means any: (A) Professional or amateur baseball, football, basketball, hockey, polo, tennis, or other athletic game or contest; (B) Boxing match; or (C) Horse race. (b) It is unlawful for any person to give, promise, or offer to any participant in any sport any valuable thing with the purpose to influence the participant to lose or try to lose or cause to be lost or to limit the participant's or the participant's team's margin of victory in a sport in which the participant is taking part or expects to take part or has any duty or connection. (c) It is unlawful for any participant to solicit or accept any valuable thing to influence the participant to lose or try to lose or cause to be lost or to limit the participant's or the participant's team's margin of victory in a sport in which the participant is taking part or expects to take part or has any duty or connection. (d) Upon conviction, any person who violates this section is guilty of a Class D felony. Acts 1951, No. 250, § 1; 1975, No. 928, § 9; A.S.A. 1947, § 41-3288; Acts 2007, No. 827, § 86.

(a) As used in this section: (1) "Participant" means any: (A) Professional or amateur baseball, football, basketball, hockey, polo, tennis, or other athletic player; (B) Boxer; (C) Jockey, driver, groom, or other person participating or expecting to participate in a horse race, including an owner of a race track or the owner's employee, steward, trainer, judge, starter, or special police officer; or (D) Manager, coach, or trainer of any sport team or participant or prospective participant in any sport team, sport game, or sport contest; and (2) "Sport" means any: (A) Professional or amateur baseball, football, basketball, hockey, polo, tennis, or other athletic game or contest; (B) Boxing match; or (C) Horse race.

(1) "Participant" means any: (A) Professional or amateur baseball, football, basketball, hockey, polo, tennis, or other athletic player; (B) Boxer; (C) Jockey, driver, groom, or other person participating or expecting to participate in a horse race, including an owner of a race track or the owner's employee, steward, trainer, judge, starter, or special police officer; or (D) Manager, coach, or trainer of any sport team or participant or prospective participant in any sport team, sport game, or sport contest; and

(A) Professional or amateur baseball, football, basketball, hockey, polo, tennis, or other athletic player;

(B) Boxer;

(C) Jockey, driver, groom, or other person participating or expecting to participate in a horse race, including an owner of a race track or the owner's employee, steward, trainer, judge, starter, or special police officer; or

(D) Manager, coach, or trainer of any sport team or participant or prospective participant in any sport team, sport game, or sport contest; and

(2) "Sport" means any: (A) Professional or amateur baseball, football, basketball, hockey, polo, tennis, or other athletic game or contest; (B) Boxing match; or (C) Horse race.

(A) Professional or amateur baseball, football, basketball, hockey, polo, tennis, or other athletic game or contest;

(B) Boxing match; or

(C) Horse race.

(b) It is unlawful for any person to give, promise, or offer to any participant in any sport any valuable thing with the purpose to influence the participant to lose or try to lose or cause to be lost or to limit the participant's or the participant's team's margin of victory in a sport in which the participant is taking part or expects to take part or has any duty or connection.

(c) It is unlawful for any participant to solicit or accept any valuable thing to influence the participant to lose or try to lose or cause to be lost or to limit the participant's or the participant's team's margin of victory in a sport in which the participant is taking part or expects to take part or has any duty or connection.

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

Acts 1951, No. 250, § 1; 1975, No. 928, § 9; A.S.A. 1947, § 41-3288; Acts 2007, No. 827, § 86.
Ark. Code Ann. § 5-39-305 — AR Code / Title 5 / Chapter 39 / Subchapter 3 / Section 5-39-305
Criminal trespass on premises located in unincorporated area
Status: in_force

(a) (1) A person shall not purposely enter without written permission of the owner or lessee upon another person's premises located outside the boundary of any city or town if those premises are: (A) Lawfully posted; (B) Crop land or timber land; (C) Enclosed with a fence sufficient under § 2-39-101 et seq.; or (D) Critical infrastructure. (2) The posting of premises is not a requirement under this section. (b) Criminal trespass on premises located in an unincorporated area is a: (1) Class D felony if: (A) The person has two (2) or more convictions for a Class A misdemeanor violation of this section or § 5-39-203 ; or (B) The premises is critical infrastructure; (2) Class A misdemeanor if: (A) At the time of the criminal trespass on premises located in an unincorporated area, the person is in possession of one (1) or more of the following: (i) A killing device; (ii) A harvesting device; (iii) A device primarily used for the location and unearthing of buried or submerged artifacts; or (iv) A tool designed to gain entry into a structure by breaking a lock or breaking through a fence, including without limitation a boltcutter; (B) The person is on premises containing a commercial fishing or fish breeding operation and at that time is in possession of a fishing pole or net designed to capture fish; or (C) The person has a prior conviction for a violation of this section; (3) Class B misdemeanor if: (A) The premises involved is an occupiable structure; or (B) The conduct involves the removal of a posted sign, a fence, or a portion of a fence as defined in § 2-39-102 ; or (4) Violation with a fine not to exceed one hundred dollars ($100) if otherwise committed. (c) It is an affirmative defense to a prosecution that: (1) The person was a guest or invitee; (2) The person was required to enter upon the premises of the other person for a business reason or for health and safety reasons; (3) The person was authorized by law to enter upon the premises; (4) The privately owned premises were made open to the public; or (5) The person owns or is employed by a person or entity that owns property adjoining the premises and is traveling over the premises with good faith or for a legitimate reason. (d) This section does not apply to: (1) Public land; (2) A law enforcement officer or game warden acting in the line of duty; or (3) The following persons who are acting in the line of duty or within the scope of their employment: (A) A law enforcement officer; (B) A firefighter; (C) An emergency first responder; (D) An employee of a state agency, court, or school who is tasked with monitoring, supervising, or making direct contact with a minor or the parents of a minor concerning the well-being of the minor; or (E) An employee of a federal, state, or local agency, commission, board, political subdivision, school district, or municipality who has entered onto or remains on the premises for a purpose directly relating to the employee's employment with the federal, state, or local agency, commission, board, political subdivision, school district, or municipality. (e) (1) It is an affirmative defense to prosecution under this section if the person who enters the premises of another person is: (A) Temporarily on the premises of the other person for the sole purpose of recovering livestock, a dog, or any other domesticated animal; and (B) Either: (i) The owner of the livestock, dog, or other domesticated animal; or (ii) An employee or agent of the owner of the livestock, dog, or other domesticated animal. (2) A person who enters the premises of another person as described in subdivision (e)(1) of this section is subject to civil liability for any property damage that occurs in the course of recovering the livestock, dog, or other domesticated animal. (f) This section does not repeal any law concerning posting of land or trespass. Amended by Act 2023, No. 852,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 712,§ 5, eff. 7/28/2021. Amended by Act 2017, No. 877,§ 4, eff. 8/1/2017. Acts 1995, No. 870, §§ 1, 2; 1999, No. 1029, § 4.

(a) (1) A person shall not purposely enter without written permission of the owner or lessee upon another person's premises located outside the boundary of any city or town if those premises are: (A) Lawfully posted; (B) Crop land or timber land; (C) Enclosed with a fence sufficient under § 2-39-101 et seq.; or (D) Critical infrastructure. (2) The posting of premises is not a requirement under this section.

(1) A person shall not purposely enter without written permission of the owner or lessee upon another person's premises located outside the boundary of any city or town if those premises are: (A) Lawfully posted; (B) Crop land or timber land; (C) Enclosed with a fence sufficient under § 2-39-101 et seq.; or (D) Critical infrastructure.

(A) Lawfully posted;

(B) Crop land or timber land;

(C) Enclosed with a fence sufficient under § 2-39-101 et seq.; or

(D) Critical infrastructure.

(2) The posting of premises is not a requirement under this section.

(b) Criminal trespass on premises located in an unincorporated area is a: (1) Class D felony if: (A) The person has two (2) or more convictions for a Class A misdemeanor violation of this section or § 5-39-203 ; or (B) The premises is critical infrastructure; (2) Class A misdemeanor if: (A) At the time of the criminal trespass on premises located in an unincorporated area, the person is in possession of one (1) or more of the following: (i) A killing device; (ii) A harvesting device; (iii) A device primarily used for the location and unearthing of buried or submerged artifacts; or (iv) A tool designed to gain entry into a structure by breaking a lock or breaking through a fence, including without limitation a boltcutter; (B) The person is on premises containing a commercial fishing or fish breeding operation and at that time is in possession of a fishing pole or net designed to capture fish; or (C) The person has a prior conviction for a violation of this section; (3) Class B misdemeanor if: (A) The premises involved is an occupiable structure; or (B) The conduct involves the removal of a posted sign, a fence, or a portion of a fence as defined in § 2-39-102 ; or (4) Violation with a fine not to exceed one hundred dollars ($100) if otherwise committed.

(1) Class D felony if: (A) The person has two (2) or more convictions for a Class A misdemeanor violation of this section or § 5-39-203 ; or (B) The premises is critical infrastructure;

(A) The person has two (2) or more convictions for a Class A misdemeanor violation of this section or § 5-39-203 ; or

(B) The premises is critical infrastructure;

(2) Class A misdemeanor if: (A) At the time of the criminal trespass on premises located in an unincorporated area, the person is in possession of one (1) or more of the following: (i) A killing device; (ii) A harvesting device; (iii) A device primarily used for the location and unearthing of buried or submerged artifacts; or (iv) A tool designed to gain entry into a structure by breaking a lock or breaking through a fence, including without limitation a boltcutter; (B) The person is on premises containing a commercial fishing or fish breeding operation and at that time is in possession of a fishing pole or net designed to capture fish; or (C) The person has a prior conviction for a violation of this section;

(A) At the time of the criminal trespass on premises located in an unincorporated area, the person is in possession of one (1) or more of the following: (i) A killing device; (ii) A harvesting device; (iii) A device primarily used for the location and unearthing of buried or submerged artifacts; or (iv) A tool designed to gain entry into a structure by breaking a lock or breaking through a fence, including without limitation a boltcutter;

(i) A killing device;

(ii) A harvesting device;

(iii) A device primarily used for the location and unearthing of buried or submerged artifacts; or

(iv) A tool designed to gain entry into a structure by breaking a lock or breaking through a fence, including without limitation a boltcutter;

(B) The person is on premises containing a commercial fishing or fish breeding operation and at that time is in possession of a fishing pole or net designed to capture fish; or

(C) The person has a prior conviction for a violation of this section;

(3) Class B misdemeanor if: (A) The premises involved is an occupiable structure; or (B) The conduct involves the removal of a posted sign, a fence, or a portion of a fence as defined in § 2-39-102 ; or

(A) The premises involved is an occupiable structure; or

(B) The conduct involves the removal of a posted sign, a fence, or a portion of a fence as defined in § 2-39-102 ; or

(4) Violation with a fine not to exceed one hundred dollars ($100) if otherwise committed.

(c) It is an affirmative defense to a prosecution that: (1) The person was a guest or invitee; (2) The person was required to enter upon the premises of the other person for a business reason or for health and safety reasons; (3) The person was authorized by law to enter upon the premises; (4) The privately owned premises were made open to the public; or (5) The person owns or is employed by a person or entity that owns property adjoining the premises and is traveling over the premises with good faith or for a legitimate reason.

(1) The person was a guest or invitee;

(2) The person was required to enter upon the premises of the other person for a business reason or for health and safety reasons;

(3) The person was authorized by law to enter upon the premises;

(4) The privately owned premises were made open to the public; or

(5) The person owns or is employed by a person or entity that owns property adjoining the premises and is traveling over the premises with good faith or for a legitimate reason.

(d) This section does not apply to: (1) Public land; (2) A law enforcement officer or game warden acting in the line of duty; or (3) The following persons who are acting in the line of duty or within the scope of their employment: (A) A law enforcement officer; (B) A firefighter; (C) An emergency first responder; (D) An employee of a state agency, court, or school who is tasked with monitoring, supervising, or making direct contact with a minor or the parents of a minor concerning the well-being of the minor; or (E) An employee of a federal, state, or local agency, commission, board, political subdivision, school district, or municipality who has entered onto or remains on the premises for a purpose directly relating to the employee's employment with the federal, state, or local agency, commission, board, political subdivision, school district, or municipality.

(1) Public land;

(2) A law enforcement officer or game warden acting in the line of duty; or

(3) The following persons who are acting in the line of duty or within the scope of their employment: (A) A law enforcement officer; (B) A firefighter; (C) An emergency first responder; (D) An employee of a state agency, court, or school who is tasked with monitoring, supervising, or making direct contact with a minor or the parents of a minor concerning the well-being of the minor; or (E) An employee of a federal, state, or local agency, commission, board, political subdivision, school district, or municipality who has entered onto or remains on the premises for a purpose directly relating to the employee's employment with the federal, state, or local agency, commission, board, political subdivision, school district, or municipality.

(A) A law enforcement officer;

(B) A firefighter;

(C) An emergency first responder;

(D) An employee of a state agency, court, or school who is tasked with monitoring, supervising, or making direct contact with a minor or the parents of a minor concerning the well-being of the minor; or

(E) An employee of a federal, state, or local agency, commission, board, political subdivision, school district, or municipality who has entered onto or remains on the premises for a purpose directly relating to the employee's employment with the federal, state, or local agency, commission, board, political subdivision, school district, or municipality.

(e) (1) It is an affirmative defense to prosecution under this section if the person who enters the premises of another person is: (A) Temporarily on the premises of the other person for the sole purpose of recovering livestock, a dog, or any other domesticated animal; and (B) Either: (i) The owner of the livestock, dog, or other domesticated animal; or (ii) An employee or agent of the owner of the livestock, dog, or other domesticated animal. (2) A person who enters the premises of another person as described in subdivision (e)(1) of this section is subject to civil liability for any property damage that occurs in the course of recovering the livestock, dog, or other domesticated animal.

(1) It is an affirmative defense to prosecution under this section if the person who enters the premises of another person is: (A) Temporarily on the premises of the other person for the sole purpose of recovering livestock, a dog, or any other domesticated animal; and (B) Either: (i) The owner of the livestock, dog, or other domesticated animal; or (ii) An employee or agent of the owner of the livestock, dog, or other domesticated animal.

(A) Temporarily on the premises of the other person for the sole purpose of recovering livestock, a dog, or any other domesticated animal; and

(B) Either: (i) The owner of the livestock, dog, or other domesticated animal; or (ii) An employee or agent of the owner of the livestock, dog, or other domesticated animal.

(i) The owner of the livestock, dog, or other domesticated animal; or

(ii) An employee or agent of the owner of the livestock, dog, or other domesticated animal.

(2) A person who enters the premises of another person as described in subdivision (e)(1) of this section is subject to civil liability for any property damage that occurs in the course of recovering the livestock, dog, or other domesticated animal.

(f) This section does not repeal any law concerning posting of land or trespass.

Amended by Act 2023, No. 852,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 712,§ 5, eff. 7/28/2021.

Amended by Act 2017, No. 877,§ 4, eff. 8/1/2017.

Acts 1995, No. 870, §§ 1, 2; 1999, No. 1029, § 4.
Ark. Code Ann. § 5-10-204 — AR Code / Title 5 / Chapter 10 / Subchapter 2 / Section 5-10-204
Death by delivery in the second degree
Status: in_force

(a) A person commits the offense of death by delivery in the second degree if: (1) He or she knowingly delivers or conveys to another person: (A) A controlled substance that is not fentanyl, methamphetamine, heroin, or cocaine; or (B) A counterfeit substance; and (2) The injection, ingestion, inhalation, or other introduction of the controlled substance or counterfeit substance, including any adulterants or diluents, is the cause of death of the person. (b) (1) Except as provided in subdivisions (b)(2) and (b)(3) of this section, death by delivery in the second degree is a Class A felony. (2) Death by delivery in the second degree is a Class B felony if the defendant proves by a preponderance of the evidence one (1) or more of the following factors: (A) The defendant does not have a prior felony conviction; (B) The defendant played a minor or passive role in the delivery or conveyance of the controlled substance or counterfeit substance; (C) The defendant was unaware of adulterants or diluents in the controlled substance or counterfeit substance that accelerated or contributed to the death of the other person; or (D) The defendant possessed the controlled substance or counterfeit substance for personal use and the conveyance was not part of a transaction for which the defendant obtained income, resources, or benefits. (3) Death by delivery in the second degree is a Class Y felony if the state proves beyond a reasonable doubt one (1) or more of the following factors: (A) The defendant has a prior felony conviction for delivery of a controlled substance under the Uniform Controlled Substances Act, § 5-64-401 et seq. or a similar law of another jurisdiction; (B) The defendant manifested extreme indifference to the value of human life during the commission of the offense; or (C) The defendant knew the victim was vulnerable because the victim was a minor, was sixty (60) years of age or older, or was an incompetent person as defined in § 5-64-407 . Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.

(a) A person commits the offense of death by delivery in the second degree if: (1) He or she knowingly delivers or conveys to another person: (A) A controlled substance that is not fentanyl, methamphetamine, heroin, or cocaine; or (B) A counterfeit substance; and (2) The injection, ingestion, inhalation, or other introduction of the controlled substance or counterfeit substance, including any adulterants or diluents, is the cause of death of the person.

(1) He or she knowingly delivers or conveys to another person: (A) A controlled substance that is not fentanyl, methamphetamine, heroin, or cocaine; or (B) A counterfeit substance; and

(A) A controlled substance that is not fentanyl, methamphetamine, heroin, or cocaine; or

(B) A counterfeit substance; and

(2) The injection, ingestion, inhalation, or other introduction of the controlled substance or counterfeit substance, including any adulterants or diluents, is the cause of death of the person.

(b) (1) Except as provided in subdivisions (b)(2) and (b)(3) of this section, death by delivery in the second degree is a Class A felony. (2) Death by delivery in the second degree is a Class B felony if the defendant proves by a preponderance of the evidence one (1) or more of the following factors: (A) The defendant does not have a prior felony conviction; (B) The defendant played a minor or passive role in the delivery or conveyance of the controlled substance or counterfeit substance; (C) The defendant was unaware of adulterants or diluents in the controlled substance or counterfeit substance that accelerated or contributed to the death of the other person; or (D) The defendant possessed the controlled substance or counterfeit substance for personal use and the conveyance was not part of a transaction for which the defendant obtained income, resources, or benefits. (3) Death by delivery in the second degree is a Class Y felony if the state proves beyond a reasonable doubt one (1) or more of the following factors: (A) The defendant has a prior felony conviction for delivery of a controlled substance under the Uniform Controlled Substances Act, § 5-64-401 et seq. or a similar law of another jurisdiction; (B) The defendant manifested extreme indifference to the value of human life during the commission of the offense; or (C) The defendant knew the victim was vulnerable because the victim was a minor, was sixty (60) years of age or older, or was an incompetent person as defined in § 5-64-407 .

(1) Except as provided in subdivisions (b)(2) and (b)(3) of this section, death by delivery in the second degree is a Class A felony.

(2) Death by delivery in the second degree is a Class B felony if the defendant proves by a preponderance of the evidence one (1) or more of the following factors: (A) The defendant does not have a prior felony conviction; (B) The defendant played a minor or passive role in the delivery or conveyance of the controlled substance or counterfeit substance; (C) The defendant was unaware of adulterants or diluents in the controlled substance or counterfeit substance that accelerated or contributed to the death of the other person; or (D) The defendant possessed the controlled substance or counterfeit substance for personal use and the conveyance was not part of a transaction for which the defendant obtained income, resources, or benefits.

(A) The defendant does not have a prior felony conviction;

(B) The defendant played a minor or passive role in the delivery or conveyance of the controlled substance or counterfeit substance;

(C) The defendant was unaware of adulterants or diluents in the controlled substance or counterfeit substance that accelerated or contributed to the death of the other person; or

(D) The defendant possessed the controlled substance or counterfeit substance for personal use and the conveyance was not part of a transaction for which the defendant obtained income, resources, or benefits.

(3) Death by delivery in the second degree is a Class Y felony if the state proves beyond a reasonable doubt one (1) or more of the following factors: (A) The defendant has a prior felony conviction for delivery of a controlled substance under the Uniform Controlled Substances Act, § 5-64-401 et seq. or a similar law of another jurisdiction; (B) The defendant manifested extreme indifference to the value of human life during the commission of the offense; or (C) The defendant knew the victim was vulnerable because the victim was a minor, was sixty (60) years of age or older, or was an incompetent person as defined in § 5-64-407 .

(A) The defendant has a prior felony conviction for delivery of a controlled substance under the Uniform Controlled Substances Act, § 5-64-401 et seq. or a similar law of another jurisdiction;

(B) The defendant manifested extreme indifference to the value of human life during the commission of the offense; or

(C) The defendant knew the victim was vulnerable because the victim was a minor, was sixty (60) years of age or older, or was an incompetent person as defined in § 5-64-407 .

Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.
Ark. Code Ann. § 5-73-104 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-104
Criminal use of prohibited weapons
Status: in_force

(a) A person commits the offense of criminal use of prohibited weapons if, except as authorized by law, he or she knowingly uses, possesses, makes, repairs, sells, or otherwise deals in any: (1) Bomb; (2) Metal knuckles; or (3) Other implement for the infliction of serious physical injury or death that serves no lawful purpose. (b) This section does not apply if the person uses, possesses, makes, repairs, sells, or otherwise deals in an item described in this section that is in compliance with the National Firearms Act, 26 U.S.C. §§ 5801 - 5861 , or other applicable federal law, as either existed on January 1, 2019. (c) It is a defense to prosecution under this section that: (1) The defendant was a law enforcement officer, prosecuting attorney, deputy prosecuting attorney, prison guard, or member of the United States Armed Forces acting in the course and scope of his or her duty at the time he or she used or possessed the prohibited weapon; or (2) The defendant used, possessed, made, repaired, sold, or otherwise dealt in any article enumerated in subsection (a) of this section under circumstances negating any likelihood that the weapon could be used as a weapon. (d) (1) Criminal use of prohibited weapons is a Class B felony if the weapon is a bomb. (2) Criminal use of prohibited weapons is a Class A misdemeanor if the offense is possession of metal knuckles. (3) Otherwise, criminal use of prohibited weapons is a Class D felony. Amended by Act 2019, No. 1051,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 495,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 539,§ 1, eff. 3/28/2013. Acts 1975, No. 280, § 3104; A.S.A. 1947, § 41-3104; Acts 1993, No. 1189, § 7; 2005, No. 1994, § 438; 2011, No. 161, § 1.

(a) A person commits the offense of criminal use of prohibited weapons if, except as authorized by law, he or she knowingly uses, possesses, makes, repairs, sells, or otherwise deals in any: (1) Bomb; (2) Metal knuckles; or (3) Other implement for the infliction of serious physical injury or death that serves no lawful purpose.

(1) Bomb;

(2) Metal knuckles; or

(3) Other implement for the infliction of serious physical injury or death that serves no lawful purpose.

(b) This section does not apply if the person uses, possesses, makes, repairs, sells, or otherwise deals in an item described in this section that is in compliance with the National Firearms Act, 26 U.S.C. §§ 5801 - 5861 , or other applicable federal law, as either existed on January 1, 2019.

(c) It is a defense to prosecution under this section that: (1) The defendant was a law enforcement officer, prosecuting attorney, deputy prosecuting attorney, prison guard, or member of the United States Armed Forces acting in the course and scope of his or her duty at the time he or she used or possessed the prohibited weapon; or (2) The defendant used, possessed, made, repaired, sold, or otherwise dealt in any article enumerated in subsection (a) of this section under circumstances negating any likelihood that the weapon could be used as a weapon.

(1) The defendant was a law enforcement officer, prosecuting attorney, deputy prosecuting attorney, prison guard, or member of the United States Armed Forces acting in the course and scope of his or her duty at the time he or she used or possessed the prohibited weapon; or

(2) The defendant used, possessed, made, repaired, sold, or otherwise dealt in any article enumerated in subsection (a) of this section under circumstances negating any likelihood that the weapon could be used as a weapon.

(d) (1) Criminal use of prohibited weapons is a Class B felony if the weapon is a bomb. (2) Criminal use of prohibited weapons is a Class A misdemeanor if the offense is possession of metal knuckles. (3) Otherwise, criminal use of prohibited weapons is a Class D felony.

(1) Criminal use of prohibited weapons is a Class B felony if the weapon is a bomb.

(2) Criminal use of prohibited weapons is a Class A misdemeanor if the offense is possession of metal knuckles.

(3) Otherwise, criminal use of prohibited weapons is a Class D felony.

Amended by Act 2019, No. 1051,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 495,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 539,§ 1, eff. 3/28/2013.

Acts 1975, No. 280, § 3104; A.S.A. 1947, § 41-3104; Acts 1993, No. 1189, § 7; 2005, No. 1994, § 438; 2011, No. 161, § 1.
Ark. Code Ann. § 5-68-302 — AR Code / Title 5 / Chapter 68 / Subchapter 3 / Section 5-68-302
Definitions
Status: in_force

As used in this subchapter: (1) "Advertising purposes" means a purpose of propagandizing in connection with the commercial sale of a product or type of product, the commercial offering of a service, or the commercial exhibition of an entertainment; (2) "Hard-core sexual conduct" means a patently offensive act, exhibition, representation, depiction, or description of: (A) An intrusion, however slight, actual or simulated, by any object, any part of an animal's body, or any part of a person's body into the genital or anal opening of any person's body; or (B) Cunnilingus, fellatio, anilingus, bestiality, a lewd exhibition of genitals, or an excretory function, actual or simulated; (3) "Live public show" means a public show in which a human being, an animal, or both appear bodily before a spectator or customer; (4) "Obscene material" means a material that: (A) Depicts or describes in a patently offensive manner sadomasochistic abuse, sexual conduct, or hard-core sexual conduct; (B) Taken as a whole, appeals to the prurient interest of the average person, applying contemporary statewide standards; and (C) Taken as a whole, lacks serious literary, artistic, political, or scientific value; (5) "Obscene performance" means a play, motion picture, dance, show, or other presentation, whether pictured, animated, or live, performed before an audience and that in whole or in part depicts, or reveals, sexual conduct, hard-core sexual conduct, or sadomasochistic abuse, or that includes an explicit verbal description or a narrative account of sexual conduct or hard-core sexual conduct, and that: (A) Depicts or describes in a patently offensive manner sadomasochistic abuse, sexual conduct, or hard-core sexual conduct; (B) Taken as a whole, appeals to the prurient interest of the average person, applying contemporary statewide standards; and (C) Taken as a whole, lacks serious literary, artistic, political, or scientific value; (6) "Promote" means to produce, direct, perform in, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, or advertise, for consideration, or to offer or agree to do any of these things for consideration; (7) "Public show" means any entertainment or exhibition advertised or in some other fashion held out to be accessible to the public or member of a club, regardless of whether an admission or other charge is levied or collected and regardless of whether a minor is admitted or excluded; (8) "Sadomasochistic abuse" means flagellation, mutilation, or torture by or upon a person who is nude or clad in an undergarment or in revealing or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of a person so clothed, in a sexual context; and (9) "Sexual conduct" means human masturbation or sexual intercourse. Acts 1981 (Ex. Sess.), No. 28, § 2; A.S.A. 1947, § 41-3585.1.

As used in this subchapter:

(1) "Advertising purposes" means a purpose of propagandizing in connection with the commercial sale of a product or type of product, the commercial offering of a service, or the commercial exhibition of an entertainment;

(2) "Hard-core sexual conduct" means a patently offensive act, exhibition, representation, depiction, or description of: (A) An intrusion, however slight, actual or simulated, by any object, any part of an animal's body, or any part of a person's body into the genital or anal opening of any person's body; or (B) Cunnilingus, fellatio, anilingus, bestiality, a lewd exhibition of genitals, or an excretory function, actual or simulated;

(A) An intrusion, however slight, actual or simulated, by any object, any part of an animal's body, or any part of a person's body into the genital or anal opening of any person's body; or

(B) Cunnilingus, fellatio, anilingus, bestiality, a lewd exhibition of genitals, or an excretory function, actual or simulated;

(3) "Live public show" means a public show in which a human being, an animal, or both appear bodily before a spectator or customer;

(4) "Obscene material" means a material that: (A) Depicts or describes in a patently offensive manner sadomasochistic abuse, sexual conduct, or hard-core sexual conduct; (B) Taken as a whole, appeals to the prurient interest of the average person, applying contemporary statewide standards; and (C) Taken as a whole, lacks serious literary, artistic, political, or scientific value;

(A) Depicts or describes in a patently offensive manner sadomasochistic abuse, sexual conduct, or hard-core sexual conduct;

(B) Taken as a whole, appeals to the prurient interest of the average person, applying contemporary statewide standards; and

(C) Taken as a whole, lacks serious literary, artistic, political, or scientific value;

(5) "Obscene performance" means a play, motion picture, dance, show, or other presentation, whether pictured, animated, or live, performed before an audience and that in whole or in part depicts, or reveals, sexual conduct, hard-core sexual conduct, or sadomasochistic abuse, or that includes an explicit verbal description or a narrative account of sexual conduct or hard-core sexual conduct, and that: (A) Depicts or describes in a patently offensive manner sadomasochistic abuse, sexual conduct, or hard-core sexual conduct; (B) Taken as a whole, appeals to the prurient interest of the average person, applying contemporary statewide standards; and (C) Taken as a whole, lacks serious literary, artistic, political, or scientific value;

(A) Depicts or describes in a patently offensive manner sadomasochistic abuse, sexual conduct, or hard-core sexual conduct;

(B) Taken as a whole, appeals to the prurient interest of the average person, applying contemporary statewide standards; and

(C) Taken as a whole, lacks serious literary, artistic, political, or scientific value;

(6) "Promote" means to produce, direct, perform in, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, or advertise, for consideration, or to offer or agree to do any of these things for consideration;

(7) "Public show" means any entertainment or exhibition advertised or in some other fashion held out to be accessible to the public or member of a club, regardless of whether an admission or other charge is levied or collected and regardless of whether a minor is admitted or excluded;

(8) "Sadomasochistic abuse" means flagellation, mutilation, or torture by or upon a person who is nude or clad in an undergarment or in revealing or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of a person so clothed, in a sexual context; and

(9) "Sexual conduct" means human masturbation or sexual intercourse.

Acts 1981 (Ex. Sess.), No. 28, § 2; A.S.A. 1947, § 41-3585.1.
Ark. Code Ann. § 5-4-301 — AR Code / Title 5 / Chapter 4 / Subchapter 3 / Section 5-4-301
Crimes for which suspension or probation prohibited - Criteria for suspension or probation in other cases
Status: in_force

(a) (1) A court shall not suspend imposition of sentence as to a term of imprisonment or place a defendant on probation for the following offenses: (A) Capital murder, § 5-10-101 ; (B) Treason, § 5-51-201 ; (C) A Class Y felony, except to the extent suspension of an additional term of imprisonment is permitted in § 5-4-104(c) ; (D) Driving or boating while intoxicated, § 5-65-103 ; (E) Murder in the second degree, § 5-10-103 , except to the extent suspension of an additional term of imprisonment is permitted in § 5-4-104(c) ; (F) Engaging in a continuing criminal enterprise, § 5-64-405 ; (G) Furnishing a prohibited article, possessing a prohibited article, using a prohibited article, or delivering a prohibited article, § 5-54-119 ; or (H) A felony ineligible to receive earned release credits as defined in § 16-93-1802 . (2) If it is determined pursuant to § 5-4-502 that a defendant has previously been convicted of two (2) or more felonies, the court shall not: (A) Suspend imposition of sentence; or (B) Place the defendant on probation. (b) In making a determination as to suspension or probation, the court shall consider whether: (1) There is undue risk that during the period of a suspension or probation the defendant will commit another offense; (2) The defendant is in need of correctional treatment that can be provided most effectively by his or her commitment to an institution; (3) Suspension or probation will discount the seriousness of the defendant's offense; or (4) The defendant has the means available or is so gainfully employed that restitution or compensation to the victim of the defendant's offense will not cause an unreasonable financial hardship and will be beneficial to the rehabilitation of the defendant. (c) While not controlling the discretion of the court, the following grounds shall be accorded weight in favor of suspension or probation: (1) The defendant's conduct neither caused nor threatened serious harm; (2) The defendant did not contemplate that his or her conduct would cause or threaten serious harm; (3) The defendant acted under strong provocation; (4) There was a substantial ground tending to excuse or justify the defendant's conduct, though failing to establish a defense; (5) The victim of the offense induced or facilitated its commission; (6) The defendant has compensated or will compensate the victim of the offense for the damage or injury that the victim sustained; (7) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present offense; (8) The defendant's conduct was the result of circumstances unlikely to recur; (9) The character and attitude of the defendant indicate that he or she is unlikely to commit another offense; (10) The defendant is particularly likely to respond affirmatively to suspension or probation; (11) The imprisonment of the defendant would entail excessive hardship to the defendant or to a dependent of the defendant; (12) The defendant is elderly or in poor health; or (13) The defendant cooperated with law enforcement authorities in his or her own prosecution or in bringing another offender to justice. (d) (1) When the court suspends the imposition of sentence on a defendant or places him or her on probation, the court shall enter a judgment of conviction only if the court sentences the defendant to: (A) Pay a fine and suspends imposition of sentence as to imprisonment or places the defendant on probation; or (B) A term of imprisonment and suspends imposition of sentence as to an additional term of imprisonment. (2) The entry of a judgment of conviction does not preclude: (A) The modification of the original order suspending the imposition of sentence on a defendant or placing a defendant on probation following a revocation hearing held pursuant to § 16-93-307 ; and (B) A modification set within the limits of §§ 16-93-309 and 16-93-312 . (e) (1) Notwithstanding any provision prohibiting a sentence of probation or suspended imposition of sentence for certain felonies, a court may sentence a defendant to a term of imprisonment and suspend imposition of sentence as to an additional term of imprisonment. (2) However, a court shall not sentence a defendant to a term of imprisonment and place him or her on probation, except as authorized in this section. (3) This section does not prohibit a period of post-release supervision as authorized in § 16-93-1801 et seq. and § 16-93-1901 et seq. Amended by Act 2023, No. 659,§ 11, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 10, eff. 1/1/2024. Amended by Act 2015, No. 299,§ 2, eff. 7/22/2015. Acts 1975, No. 280, § 1201; 1977, No. 474, §§ 2, 8; 1977, No. 482, § 2; A.S.A. 1947, § 41-1201; Acts 1991, No. 608, § 3; 1993, No. 192, § 2; 1999, No. 1569, § 1; 2009, No. 748, § 4; 2011, No. 570, § 6.

(a) (1) A court shall not suspend imposition of sentence as to a term of imprisonment or place a defendant on probation for the following offenses: (A) Capital murder, § 5-10-101 ; (B) Treason, § 5-51-201 ; (C) A Class Y felony, except to the extent suspension of an additional term of imprisonment is permitted in § 5-4-104(c) ; (D) Driving or boating while intoxicated, § 5-65-103 ; (E) Murder in the second degree, § 5-10-103 , except to the extent suspension of an additional term of imprisonment is permitted in § 5-4-104(c) ; (F) Engaging in a continuing criminal enterprise, § 5-64-405 ; (G) Furnishing a prohibited article, possessing a prohibited article, using a prohibited article, or delivering a prohibited article, § 5-54-119 ; or (H) A felony ineligible to receive earned release credits as defined in § 16-93-1802 . (2) If it is determined pursuant to § 5-4-502 that a defendant has previously been convicted of two (2) or more felonies, the court shall not: (A) Suspend imposition of sentence; or (B) Place the defendant on probation.

(1) A court shall not suspend imposition of sentence as to a term of imprisonment or place a defendant on probation for the following offenses: (A) Capital murder, § 5-10-101 ; (B) Treason, § 5-51-201 ; (C) A Class Y felony, except to the extent suspension of an additional term of imprisonment is permitted in § 5-4-104(c) ; (D) Driving or boating while intoxicated, § 5-65-103 ; (E) Murder in the second degree, § 5-10-103 , except to the extent suspension of an additional term of imprisonment is permitted in § 5-4-104(c) ; (F) Engaging in a continuing criminal enterprise, § 5-64-405 ; (G) Furnishing a prohibited article, possessing a prohibited article, using a prohibited article, or delivering a prohibited article, § 5-54-119 ; or (H) A felony ineligible to receive earned release credits as defined in § 16-93-1802 .

(A) Capital murder, § 5-10-101 ;

(B) Treason, § 5-51-201 ;

(C) A Class Y felony, except to the extent suspension of an additional term of imprisonment is permitted in § 5-4-104(c) ;

(D) Driving or boating while intoxicated, § 5-65-103 ;

(E) Murder in the second degree, § 5-10-103 , except to the extent suspension of an additional term of imprisonment is permitted in § 5-4-104(c) ;

(F) Engaging in a continuing criminal enterprise, § 5-64-405 ;

(G) Furnishing a prohibited article, possessing a prohibited article, using a prohibited article, or delivering a prohibited article, § 5-54-119 ; or

(H) A felony ineligible to receive earned release credits as defined in § 16-93-1802 .

(2) If it is determined pursuant to § 5-4-502 that a defendant has previously been convicted of two (2) or more felonies, the court shall not: (A) Suspend imposition of sentence; or (B) Place the defendant on probation.

(A) Suspend imposition of sentence; or

(B) Place the defendant on probation.

(b) In making a determination as to suspension or probation, the court shall consider whether: (1) There is undue risk that during the period of a suspension or probation the defendant will commit another offense; (2) The defendant is in need of correctional treatment that can be provided most effectively by his or her commitment to an institution; (3) Suspension or probation will discount the seriousness of the defendant's offense; or (4) The defendant has the means available or is so gainfully employed that restitution or compensation to the victim of the defendant's offense will not cause an unreasonable financial hardship and will be beneficial to the rehabilitation of the defendant.

(1) There is undue risk that during the period of a suspension or probation the defendant will commit another offense;

(2) The defendant is in need of correctional treatment that can be provided most effectively by his or her commitment to an institution;

(3) Suspension or probation will discount the seriousness of the defendant's offense; or

(4) The defendant has the means available or is so gainfully employed that restitution or compensation to the victim of the defendant's offense will not cause an unreasonable financial hardship and will be beneficial to the rehabilitation of the defendant.

(c) While not controlling the discretion of the court, the following grounds shall be accorded weight in favor of suspension or probation: (1) The defendant's conduct neither caused nor threatened serious harm; (2) The defendant did not contemplate that his or her conduct would cause or threaten serious harm; (3) The defendant acted under strong provocation; (4) There was a substantial ground tending to excuse or justify the defendant's conduct, though failing to establish a defense; (5) The victim of the offense induced or facilitated its commission; (6) The defendant has compensated or will compensate the victim of the offense for the damage or injury that the victim sustained; (7) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present offense; (8) The defendant's conduct was the result of circumstances unlikely to recur; (9) The character and attitude of the defendant indicate that he or she is unlikely to commit another offense; (10) The defendant is particularly likely to respond affirmatively to suspension or probation; (11) The imprisonment of the defendant would entail excessive hardship to the defendant or to a dependent of the defendant; (12) The defendant is elderly or in poor health; or (13) The defendant cooperated with law enforcement authorities in his or her own prosecution or in bringing another offender to justice.

(1) The defendant's conduct neither caused nor threatened serious harm;

(2) The defendant did not contemplate that his or her conduct would cause or threaten serious harm;

(3) The defendant acted under strong provocation;

(4) There was a substantial ground tending to excuse or justify the defendant's conduct, though failing to establish a defense;

(5) The victim of the offense induced or facilitated its commission;

(6) The defendant has compensated or will compensate the victim of the offense for the damage or injury that the victim sustained;

(7) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present offense;

(8) The defendant's conduct was the result of circumstances unlikely to recur;

(9) The character and attitude of the defendant indicate that he or she is unlikely to commit another offense;

(10) The defendant is particularly likely to respond affirmatively to suspension or probation;

(11) The imprisonment of the defendant would entail excessive hardship to the defendant or to a dependent of the defendant;

(12) The defendant is elderly or in poor health; or

(13) The defendant cooperated with law enforcement authorities in his or her own prosecution or in bringing another offender to justice.

(d) (1) When the court suspends the imposition of sentence on a defendant or places him or her on probation, the court shall enter a judgment of conviction only if the court sentences the defendant to: (A) Pay a fine and suspends imposition of sentence as to imprisonment or places the defendant on probation; or (B) A term of imprisonment and suspends imposition of sentence as to an additional term of imprisonment. (2) The entry of a judgment of conviction does not preclude: (A) The modification of the original order suspending the imposition of sentence on a defendant or placing a defendant on probation following a revocation hearing held pursuant to § 16-93-307 ; and (B) A modification set within the limits of §§ 16-93-309 and 16-93-312 .

(1) When the court suspends the imposition of sentence on a defendant or places him or her on probation, the court shall enter a judgment of conviction only if the court sentences the defendant to: (A) Pay a fine and suspends imposition of sentence as to imprisonment or places the defendant on probation; or (B) A term of imprisonment and suspends imposition of sentence as to an additional term of imprisonment.

(A) Pay a fine and suspends imposition of sentence as to imprisonment or places the defendant on probation; or

(B) A term of imprisonment and suspends imposition of sentence as to an additional term of imprisonment.

(2) The entry of a judgment of conviction does not preclude: (A) The modification of the original order suspending the imposition of sentence on a defendant or placing a defendant on probation following a revocation hearing held pursuant to § 16-93-307 ; and (B) A modification set within the limits of §§ 16-93-309 and 16-93-312 .

(A) The modification of the original order suspending the imposition of sentence on a defendant or placing a defendant on probation following a revocation hearing held pursuant to § 16-93-307 ; and

(B) A modification set within the limits of §§ 16-93-309 and 16-93-312 .

(e) (1) Notwithstanding any provision prohibiting a sentence of probation or suspended imposition of sentence for certain felonies, a court may sentence a defendant to a term of imprisonment and suspend imposition of sentence as to an additional term of imprisonment. (2) However, a court shall not sentence a defendant to a term of imprisonment and place him or her on probation, except as authorized in this section. (3) This section does not prohibit a period of post-release supervision as authorized in § 16-93-1801 et seq. and § 16-93-1901 et seq.

(1) Notwithstanding any provision prohibiting a sentence of probation or suspended imposition of sentence for certain felonies, a court may sentence a defendant to a term of imprisonment and suspend imposition of sentence as to an additional term of imprisonment.

(2) However, a court shall not sentence a defendant to a term of imprisonment and place him or her on probation, except as authorized in this section.

(3) This section does not prohibit a period of post-release supervision as authorized in § 16-93-1801 et seq. and § 16-93-1901 et seq.

Amended by Act 2023, No. 659,§ 11, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 10, eff. 1/1/2024.

Amended by Act 2015, No. 299,§ 2, eff. 7/22/2015.

Acts 1975, No. 280, § 1201; 1977, No. 474, §§ 2, 8; 1977, No. 482, § 2; A.S.A. 1947, § 41-1201; Acts 1991, No. 608, § 3; 1993, No. 192, § 2; 1999, No. 1569, § 1; 2009, No. 748, § 4; 2011, No. 570, § 6.
Ark. Code Ann. § 5-2-313 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-313
Acquittal based on lack of criminal responsibility report
Status: in_force

(a) On the basis of the report filed under § 5-2-328 and after a hearing, if a hearing is requested, the court may enter judgment of acquittal on the ground of lack of criminal responsibility if the court is satisfied that the following criteria are met: (1) The defendant currently has the capacity to understand the proceedings against him or her and to assist effectively in his or her own defense; and (2) At the time of the conduct charged, the defendant lacked criminal responsibility. (b) If the defendant did not raise the issue of lack of criminal responsibility as an affirmative defense under § 5-2-328 , then the court is required to make a factual determination that the defendant committed the offense and that he or she lacked criminal responsibility at the time of the commission of the offense. Amended by Act 2017, No. 472,§ 11, eff. 8/1/2017. Acts 1975, No. 280, § 609; A.S.A. 1947, § 41-609; Acts 1989, No. 645, § 2; 1989, No. 911, § 2; 2001, No. 1554, § 4.

(a) On the basis of the report filed under § 5-2-328 and after a hearing, if a hearing is requested, the court may enter judgment of acquittal on the ground of lack of criminal responsibility if the court is satisfied that the following criteria are met: (1) The defendant currently has the capacity to understand the proceedings against him or her and to assist effectively in his or her own defense; and (2) At the time of the conduct charged, the defendant lacked criminal responsibility.

(1) The defendant currently has the capacity to understand the proceedings against him or her and to assist effectively in his or her own defense; and

(2) At the time of the conduct charged, the defendant lacked criminal responsibility.

(b) If the defendant did not raise the issue of lack of criminal responsibility as an affirmative defense under § 5-2-328 , then the court is required to make a factual determination that the defendant committed the offense and that he or she lacked criminal responsibility at the time of the commission of the offense.

Amended by Act 2017, No. 472,§ 11, eff. 8/1/2017.

Acts 1975, No. 280, § 609; A.S.A. 1947, § 41-609; Acts 1989, No. 645, § 2; 1989, No. 911, § 2; 2001, No. 1554, § 4.
Ark. Code Ann. § 5-4-903 — AR Code / Title 5 / Chapter 4 / Subchapter 9 / Section 5-4-903
Program authorized
Status: in_force

(a) (1) Each judicial district of this state may establish a pre-adjudication probation program under this subchapter. (2) The structure, method, and operation of the pre-adjudication probation program may differ and shall be based upon the specific needs of and resources available to the judicial district where the pre-adjudication probation program is located. (b) (1) A pre-adjudication probation program may incorporate services from various state agencies and educational institutions, including without limitation the Division of Community Correction, the Department of Human Services, the Adult Education Section, vocational schools, technical schools, community colleges, and two-year and four-year public universities. (2) Participating state agencies and educational institutions may provide: (A) Persons to serve as pre-adjudication probation officers, drug counselors, or other support staff; (B) Drug testing and other substance-abuse facilities; (C) Intensive short-term and long-term residential treatment for participants in the pre-adjudication probation program who have demonstrated a need for substance abuse treatment or other mental health-related treatment; (D) Educational materials, classrooms, and staff; and (E) Other personnel, support staff, or facilities that the circuit court administering the pre-adjudication probation program finds necessary or helpful. (c) Subject to an appropriation, funding, and position authorization, both programmatic and administrative, the Administrative Office of the Courts shall: (1) Provide state-level coordination and support for circuit courts administering the pre-adjudication probation program; (2) Administer funds for the maintenance and operation of local pre-adjudication probation programs; (3) Provide training and education to judges and other professionals involved in pre-adjudication probation programs; and (4) Operate as a liaison between judges and other state-level agencies providing services to pre-adjudication probation programs. Amended by Act 2019, No. 910,§ 1033, eff. 7/1/2019. Amended by Act 2015, No. 1198,§ 2, eff. 7/22/2015. Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.

(a) (1) Each judicial district of this state may establish a pre-adjudication probation program under this subchapter. (2) The structure, method, and operation of the pre-adjudication probation program may differ and shall be based upon the specific needs of and resources available to the judicial district where the pre-adjudication probation program is located.

(1) Each judicial district of this state may establish a pre-adjudication probation program under this subchapter.

(2) The structure, method, and operation of the pre-adjudication probation program may differ and shall be based upon the specific needs of and resources available to the judicial district where the pre-adjudication probation program is located.

(b) (1) A pre-adjudication probation program may incorporate services from various state agencies and educational institutions, including without limitation the Division of Community Correction, the Department of Human Services, the Adult Education Section, vocational schools, technical schools, community colleges, and two-year and four-year public universities. (2) Participating state agencies and educational institutions may provide: (A) Persons to serve as pre-adjudication probation officers, drug counselors, or other support staff; (B) Drug testing and other substance-abuse facilities; (C) Intensive short-term and long-term residential treatment for participants in the pre-adjudication probation program who have demonstrated a need for substance abuse treatment or other mental health-related treatment; (D) Educational materials, classrooms, and staff; and (E) Other personnel, support staff, or facilities that the circuit court administering the pre-adjudication probation program finds necessary or helpful.

(1) A pre-adjudication probation program may incorporate services from various state agencies and educational institutions, including without limitation the Division of Community Correction, the Department of Human Services, the Adult Education Section, vocational schools, technical schools, community colleges, and two-year and four-year public universities.

(2) Participating state agencies and educational institutions may provide: (A) Persons to serve as pre-adjudication probation officers, drug counselors, or other support staff; (B) Drug testing and other substance-abuse facilities; (C) Intensive short-term and long-term residential treatment for participants in the pre-adjudication probation program who have demonstrated a need for substance abuse treatment or other mental health-related treatment; (D) Educational materials, classrooms, and staff; and (E) Other personnel, support staff, or facilities that the circuit court administering the pre-adjudication probation program finds necessary or helpful.

(A) Persons to serve as pre-adjudication probation officers, drug counselors, or other support staff;

(B) Drug testing and other substance-abuse facilities;

(C) Intensive short-term and long-term residential treatment for participants in the pre-adjudication probation program who have demonstrated a need for substance abuse treatment or other mental health-related treatment;

(D) Educational materials, classrooms, and staff; and

(E) Other personnel, support staff, or facilities that the circuit court administering the pre-adjudication probation program finds necessary or helpful.

(c) Subject to an appropriation, funding, and position authorization, both programmatic and administrative, the Administrative Office of the Courts shall: (1) Provide state-level coordination and support for circuit courts administering the pre-adjudication probation program; (2) Administer funds for the maintenance and operation of local pre-adjudication probation programs; (3) Provide training and education to judges and other professionals involved in pre-adjudication probation programs; and (4) Operate as a liaison between judges and other state-level agencies providing services to pre-adjudication probation programs.

(1) Provide state-level coordination and support for circuit courts administering the pre-adjudication probation program;

(2) Administer funds for the maintenance and operation of local pre-adjudication probation programs;

(3) Provide training and education to judges and other professionals involved in pre-adjudication probation programs; and

(4) Operate as a liaison between judges and other state-level agencies providing services to pre-adjudication probation programs.

Amended by Act 2019, No. 910,§ 1033, eff. 7/1/2019.

Amended by Act 2015, No. 1198,§ 2, eff. 7/22/2015.

Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-14-135 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-135
Registered offender prohibited from participating in certain Halloween-related activities
Status: in_force

(a) As used in this section: (1) "Costume" means an outfit worn to create the appearance or characteristic of a particular period, person, place, or thing; and (2) "Halloween-related event" means an event involving children organized around and concerning the celebration of Halloween that occurs any time during the two (2) weeks before or after October 31 of each year, including without limitation: (A) Trick-or-treating; (B) A costume party; and (C) An event involving the wearing of a costume or the handing out of candy to children. (b) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly: (1) Distribute candy or any item to a minor as part of a Halloween-related event; or (2) Wear a mask or other costume as part of a Halloween-related event if a minor is present at the Halloween-related event. (c) It is not an offense under: (1) Subdivision (b)(1) of this section if the person is a parent or guardian of a minor to whom the candy or item is distributed; or (2) Subdivision (b)(2) of this section if the person is a parent or guardian of all minors present at the Halloween-related event. (d) A violation of this section is a Class D felony. (e) It is a defense to prosecution under this section that the person was: (1) Wearing a costume for a legitimate work-related event or purpose during normal business hours; or (2) Engaged in the commercial or retail sale of candy or other Halloween-related merchandise. Added by Act 2019, No. 463,§ 1, eff. 7/24/2019.

(a) As used in this section: (1) "Costume" means an outfit worn to create the appearance or characteristic of a particular period, person, place, or thing; and (2) "Halloween-related event" means an event involving children organized around and concerning the celebration of Halloween that occurs any time during the two (2) weeks before or after October 31 of each year, including without limitation: (A) Trick-or-treating; (B) A costume party; and (C) An event involving the wearing of a costume or the handing out of candy to children.

(1) "Costume" means an outfit worn to create the appearance or characteristic of a particular period, person, place, or thing; and

(2) "Halloween-related event" means an event involving children organized around and concerning the celebration of Halloween that occurs any time during the two (2) weeks before or after October 31 of each year, including without limitation: (A) Trick-or-treating; (B) A costume party; and (C) An event involving the wearing of a costume or the handing out of candy to children.

(A) Trick-or-treating;

(B) A costume party; and

(C) An event involving the wearing of a costume or the handing out of candy to children.

(b) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly: (1) Distribute candy or any item to a minor as part of a Halloween-related event; or (2) Wear a mask or other costume as part of a Halloween-related event if a minor is present at the Halloween-related event.

(1) Distribute candy or any item to a minor as part of a Halloween-related event; or

(2) Wear a mask or other costume as part of a Halloween-related event if a minor is present at the Halloween-related event.

(c) It is not an offense under: (1) Subdivision (b)(1) of this section if the person is a parent or guardian of a minor to whom the candy or item is distributed; or (2) Subdivision (b)(2) of this section if the person is a parent or guardian of all minors present at the Halloween-related event.

(1) Subdivision (b)(1) of this section if the person is a parent or guardian of a minor to whom the candy or item is distributed; or

(2) Subdivision (b)(2) of this section if the person is a parent or guardian of all minors present at the Halloween-related event.

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

(e) It is a defense to prosecution under this section that the person was: (1) Wearing a costume for a legitimate work-related event or purpose during normal business hours; or (2) Engaged in the commercial or retail sale of candy or other Halloween-related merchandise.

(1) Wearing a costume for a legitimate work-related event or purpose during normal business hours; or

(2) Engaged in the commercial or retail sale of candy or other Halloween-related merchandise.

Added by Act 2019, No. 463,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 5-10-105 — AR Code / Title 5 / Chapter 10 / Section 5-10-105
Negligent homicide
Status: in_force

(a) (1) A person commits negligent homicide if he or she negligently causes the death of another person, not constituting murder or manslaughter, as a result of operating a vehicle, an aircraft, or a watercraft: (A) While intoxicated; (B) (i) If at that time there is an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood based upon the definition of alcohol concentration in § 5-65-204 , as determined by a chemical test of the person's blood, urine, breath, saliva, or other bodily substance. (ii) The method of the chemical test of the person's blood, urine, saliva, breath, or other bodily substance shall be made in accordance with §§ 5-65-204 and 5-65-206 ; (C) While passing a stopped school bus in violation of § 27-51-1004 ; or (D) While fatigued. (2) A person who violates subdivision (a)(1) of this section upon conviction is guilty of a Class B felony. (b) (1) A person commits negligent homicide if he or she negligently causes the death of another person. (2) A person who violates subdivision (b)(1) of this section by means of a deadly weapon upon conviction is guilty of a Class D felony. (3) If otherwise committed under subdivision (b)(1) of this section, negligent homicide is a Class A misdemeanor. (c) As used in this section: (1) "Fatigued" means: (A) Having been without sleep for a period of twenty-four (24) consecutive hours; or (B) Having been without sleep for a period of twenty-four (24) consecutive hours and in the state of being asleep; and (2) "Intoxicated" means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant to such a degree that the operator's reactions, motor skills, and judgment are substantially altered and the operator therefore constitutes a clear and substantial danger of physical injury or death to himself or herself or to another person. Amended by Act 2023, No. 659,§ 29, eff. 1/1/2024. Amended by Act 2013, No. 1296,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 361,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 1505; A.S.A. 1947, § 41-1505; Acts 1987, No. 538, § 1; 1999, No. 1112, § 1; 2001, No. 561, § 1; 2005, No. 1004, § 1; 2005, No. 2128, § 2; 2009, No. 650, § 1.

(a) (1) A person commits negligent homicide if he or she negligently causes the death of another person, not constituting murder or manslaughter, as a result of operating a vehicle, an aircraft, or a watercraft: (A) While intoxicated; (B) (i) If at that time there is an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood based upon the definition of alcohol concentration in § 5-65-204 , as determined by a chemical test of the person's blood, urine, breath, saliva, or other bodily substance. (ii) The method of the chemical test of the person's blood, urine, saliva, breath, or other bodily substance shall be made in accordance with §§ 5-65-204 and 5-65-206 ; (C) While passing a stopped school bus in violation of § 27-51-1004 ; or (D) While fatigued. (2) A person who violates subdivision (a)(1) of this section upon conviction is guilty of a Class B felony.

(1) A person commits negligent homicide if he or she negligently causes the death of another person, not constituting murder or manslaughter, as a result of operating a vehicle, an aircraft, or a watercraft: (A) While intoxicated; (B) (i) If at that time there is an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood based upon the definition of alcohol concentration in § 5-65-204 , as determined by a chemical test of the person's blood, urine, breath, saliva, or other bodily substance. (ii) The method of the chemical test of the person's blood, urine, saliva, breath, or other bodily substance shall be made in accordance with §§ 5-65-204 and 5-65-206 ; (C) While passing a stopped school bus in violation of § 27-51-1004 ; or (D) While fatigued.

(A) While intoxicated;

(B) (i) If at that time there is an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood based upon the definition of alcohol concentration in § 5-65-204 , as determined by a chemical test of the person's blood, urine, breath, saliva, or other bodily substance. (ii) The method of the chemical test of the person's blood, urine, saliva, breath, or other bodily substance shall be made in accordance with §§ 5-65-204 and 5-65-206 ;

(i) If at that time there is an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood based upon the definition of alcohol concentration in § 5-65-204 , as determined by a chemical test of the person's blood, urine, breath, saliva, or other bodily substance.

(ii) The method of the chemical test of the person's blood, urine, saliva, breath, or other bodily substance shall be made in accordance with §§ 5-65-204 and 5-65-206 ;

(C) While passing a stopped school bus in violation of § 27-51-1004 ; or

(D) While fatigued.

(2) A person who violates subdivision (a)(1) of this section upon conviction is guilty of a Class B felony.

(b) (1) A person commits negligent homicide if he or she negligently causes the death of another person. (2) A person who violates subdivision (b)(1) of this section by means of a deadly weapon upon conviction is guilty of a Class D felony. (3) If otherwise committed under subdivision (b)(1) of this section, negligent homicide is a Class A misdemeanor.

(1) A person commits negligent homicide if he or she negligently causes the death of another person.

(2) A person who violates subdivision (b)(1) of this section by means of a deadly weapon upon conviction is guilty of a Class D felony.

(3) If otherwise committed under subdivision (b)(1) of this section, negligent homicide is a Class A misdemeanor.

(c) As used in this section: (1) "Fatigued" means: (A) Having been without sleep for a period of twenty-four (24) consecutive hours; or (B) Having been without sleep for a period of twenty-four (24) consecutive hours and in the state of being asleep; and (2) "Intoxicated" means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant to such a degree that the operator's reactions, motor skills, and judgment are substantially altered and the operator therefore constitutes a clear and substantial danger of physical injury or death to himself or herself or to another person.

(1) "Fatigued" means: (A) Having been without sleep for a period of twenty-four (24) consecutive hours; or (B) Having been without sleep for a period of twenty-four (24) consecutive hours and in the state of being asleep; and

(A) Having been without sleep for a period of twenty-four (24) consecutive hours; or

(B) Having been without sleep for a period of twenty-four (24) consecutive hours and in the state of being asleep; and

(2) "Intoxicated" means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant to such a degree that the operator's reactions, motor skills, and judgment are substantially altered and the operator therefore constitutes a clear and substantial danger of physical injury or death to himself or herself or to another person.

Amended by Act 2023, No. 659,§ 29, eff. 1/1/2024.

Amended by Act 2013, No. 1296,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 361,§ 1, eff. 8/16/2013.

Acts 1975, No. 280, § 1505; A.S.A. 1947, § 41-1505; Acts 1987, No. 538, § 1; 1999, No. 1112, § 1; 2001, No. 561, § 1; 2005, No. 1004, § 1; 2005, No. 2128, § 2; 2009, No. 650, § 1.
Ark. Code Ann. § 5-64-1102 — AR Code / Title 5 / Chapter 64 / Subchapter 11 / Section 5-64-1102
Possession with purpose to manufacture - Unlawful distribution
Status: in_force

(a) (1) It is unlawful for a person to possess ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, or salts of optical isomers with a purpose to manufacture methamphetamine. (2) A person who violates subdivision (a)(1) of this section upon conviction is guilty of a: (A) Class D felony if the quantity of substances listed in subdivision (a)(1) of this section is capable of producing ten grams (10g) or less of methamphetamine; or (B) Class B felony if the quantity of substances listed in subdivision (a)(1) of this section is capable of producing more than ten grams (10g) of methamphetamine. (b) (1) It is unlawful for a person to possess ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, or salts of optical isomers in a quantity capable of producing twenty-eight grams (28g) or more of a Schedule I or Schedule II controlled substance that is a narcotic drug or methamphetamine with a purpose to manufacture methamphetamine. (2) A person who violates subdivision (b)(1) of this section upon conviction is guilty of a Class B felony. (c) (1) It is unlawful for a person to sell, transfer, distribute, or dispense any product containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers if the person: (A) Knows that the purchaser will use the product as a precursor to manufacture methamphetamine or another controlled substance; or (B) Sells, transfers, distributes, or dispenses the product with reckless disregard as to how the product will be used. (2) A person who violates subdivision (c)(1) of this section upon conviction is guilty of a Class D felony. Acts 1997, No. 565, § 2; 2001, No. 1209, § 4; 2011, No. 570, § 69.

(a) (1) It is unlawful for a person to possess ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, or salts of optical isomers with a purpose to manufacture methamphetamine. (2) A person who violates subdivision (a)(1) of this section upon conviction is guilty of a: (A) Class D felony if the quantity of substances listed in subdivision (a)(1) of this section is capable of producing ten grams (10g) or less of methamphetamine; or (B) Class B felony if the quantity of substances listed in subdivision (a)(1) of this section is capable of producing more than ten grams (10g) of methamphetamine.

(1) It is unlawful for a person to possess ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, or salts of optical isomers with a purpose to manufacture methamphetamine.

(2) A person who violates subdivision (a)(1) of this section upon conviction is guilty of a: (A) Class D felony if the quantity of substances listed in subdivision (a)(1) of this section is capable of producing ten grams (10g) or less of methamphetamine; or (B) Class B felony if the quantity of substances listed in subdivision (a)(1) of this section is capable of producing more than ten grams (10g) of methamphetamine.

(A) Class D felony if the quantity of substances listed in subdivision (a)(1) of this section is capable of producing ten grams (10g) or less of methamphetamine; or

(B) Class B felony if the quantity of substances listed in subdivision (a)(1) of this section is capable of producing more than ten grams (10g) of methamphetamine.

(b) (1) It is unlawful for a person to possess ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, or salts of optical isomers in a quantity capable of producing twenty-eight grams (28g) or more of a Schedule I or Schedule II controlled substance that is a narcotic drug or methamphetamine with a purpose to manufacture methamphetamine. (2) A person who violates subdivision (b)(1) of this section upon conviction is guilty of a Class B felony.

(1) It is unlawful for a person to possess ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, or salts of optical isomers in a quantity capable of producing twenty-eight grams (28g) or more of a Schedule I or Schedule II controlled substance that is a narcotic drug or methamphetamine with a purpose to manufacture methamphetamine.

(2) A person who violates subdivision (b)(1) of this section upon conviction is guilty of a Class B felony.

(c) (1) It is unlawful for a person to sell, transfer, distribute, or dispense any product containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers if the person: (A) Knows that the purchaser will use the product as a precursor to manufacture methamphetamine or another controlled substance; or (B) Sells, transfers, distributes, or dispenses the product with reckless disregard as to how the product will be used. (2) A person who violates subdivision (c)(1) of this section upon conviction is guilty of a Class D felony.

(1) It is unlawful for a person to sell, transfer, distribute, or dispense any product containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers if the person: (A) Knows that the purchaser will use the product as a precursor to manufacture methamphetamine or another controlled substance; or (B) Sells, transfers, distributes, or dispenses the product with reckless disregard as to how the product will be used.

(A) Knows that the purchaser will use the product as a precursor to manufacture methamphetamine or another controlled substance; or

(B) Sells, transfers, distributes, or dispenses the product with reckless disregard as to how the product will be used.

(2) A person who violates subdivision (c)(1) of this section upon conviction is guilty of a Class D felony.

Acts 1997, No. 565, § 2; 2001, No. 1209, § 4; 2011, No. 570, § 69.
Ark. Code Ann. § 5-2-201 — AR Code / Title 5 / Chapter 2 / Subchapter 2 / Section 5-2-201
Definitions generally
Status: in_force

As used in the Arkansas Criminal Code: (1) "Act" means a bodily movement and includes speech and the conscious possession or control of property; (2) "Act" as a verb means either to perform an act or to omit to perform an act; (3) "Conduct" means an act or omission and its accompanying mental state; and (4) "Omission" means a failure to perform an act and the performance of the act is required by law. Acts 1975, No. 280, § 201; A.S.A. 1947, § 41-201.

As used in the Arkansas Criminal Code:

(1) "Act" means a bodily movement and includes speech and the conscious possession or control of property;

(2) "Act" as a verb means either to perform an act or to omit to perform an act;

(3) "Conduct" means an act or omission and its accompanying mental state; and

(4) "Omission" means a failure to perform an act and the performance of the act is required by law.

Acts 1975, No. 280, § 201; A.S.A. 1947, § 41-201.
Ark. Code Ann. § 5-54-131 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-131
Absconding
Status: in_force

(a) A person commits the offense of absconding if the person knowingly: (1) Leaves a designated residence while under house arrest ordered as a condition of the person's release on a criminal offense by a court of competent jurisdiction; (2) Leaves a designated area while wearing an electronic monitoring device ordered as a condition of the person's release on a criminal offense by a: (A) Court of competent jurisdiction; or (B) (i) Sheriff or his or her designee. (ii) A determination by a sheriff or his or her designee placing a person on electronic monitoring remains valid until changed by the sheriff or his or her designee; or (3) Fails to abide by the terms of his or her sentence or conditions imposed under § 16-90-122 concerning his or her release pending bed space at the Division of Correction or the Division of Community Correction by not reporting to a designated place or at a designated time in order to submit himself or herself to the custody of the Division of Correction or the Division of Community Correction to serve a period of incarceration he or she was previously ordered by a court to serve. (b) The offense of absconding is a Class D felony. Amended by Act 2019, No. 505,§ 1, eff. 7/24/2019. Acts 1993, No. 473, § 1; 1999, No. 755, § 1.

(a) A person commits the offense of absconding if the person knowingly: (1) Leaves a designated residence while under house arrest ordered as a condition of the person's release on a criminal offense by a court of competent jurisdiction; (2) Leaves a designated area while wearing an electronic monitoring device ordered as a condition of the person's release on a criminal offense by a: (A) Court of competent jurisdiction; or (B) (i) Sheriff or his or her designee. (ii) A determination by a sheriff or his or her designee placing a person on electronic monitoring remains valid until changed by the sheriff or his or her designee; or (3) Fails to abide by the terms of his or her sentence or conditions imposed under § 16-90-122 concerning his or her release pending bed space at the Division of Correction or the Division of Community Correction by not reporting to a designated place or at a designated time in order to submit himself or herself to the custody of the Division of Correction or the Division of Community Correction to serve a period of incarceration he or she was previously ordered by a court to serve.

(1) Leaves a designated residence while under house arrest ordered as a condition of the person's release on a criminal offense by a court of competent jurisdiction;

(2) Leaves a designated area while wearing an electronic monitoring device ordered as a condition of the person's release on a criminal offense by a: (A) Court of competent jurisdiction; or (B) (i) Sheriff or his or her designee. (ii) A determination by a sheriff or his or her designee placing a person on electronic monitoring remains valid until changed by the sheriff or his or her designee; or

(A) Court of competent jurisdiction; or

(B) (i) Sheriff or his or her designee. (ii) A determination by a sheriff or his or her designee placing a person on electronic monitoring remains valid until changed by the sheriff or his or her designee; or

(i) Sheriff or his or her designee.

(ii) A determination by a sheriff or his or her designee placing a person on electronic monitoring remains valid until changed by the sheriff or his or her designee; or

(3) Fails to abide by the terms of his or her sentence or conditions imposed under § 16-90-122 concerning his or her release pending bed space at the Division of Correction or the Division of Community Correction by not reporting to a designated place or at a designated time in order to submit himself or herself to the custody of the Division of Correction or the Division of Community Correction to serve a period of incarceration he or she was previously ordered by a court to serve.

(b) The offense of absconding is a Class D felony.

Amended by Act 2019, No. 505,§ 1, eff. 7/24/2019.

Acts 1993, No. 473, § 1; 1999, No. 755, § 1.
Ark. Code Ann. § 5-73-315 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-315
Authority to carry concealed handgun - Identification of licensee
Status: in_force

(a) Any licensee possessing a valid license issued pursuant to this subchapter may carry a concealed handgun. (b) The licensee shall: (1) Carry the license, or an electronic copy of the license in an acceptable electronic format, together with valid identification, at any time when the licensee is carrying a concealed handgun; and (2) Display both the license, or an electronic copy of the license in an acceptable electronic format, and proper identification upon demand by a law enforcement officer. (c) The presentment of proof of a license to carry a concealed handgun in electronic form does not: (1) Authorize a search of any other content of an electronic device without a search warrant or probable cause; or (2) Expand or restrict the authority of a law enforcement officer to conduct a search or investigation. Amended by Act 2013, No. 419,§ 2, eff. 8/16/2013. Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 2007, No. 827, § 102.

(a) Any licensee possessing a valid license issued pursuant to this subchapter may carry a concealed handgun.

(b) The licensee shall: (1) Carry the license, or an electronic copy of the license in an acceptable electronic format, together with valid identification, at any time when the licensee is carrying a concealed handgun; and (2) Display both the license, or an electronic copy of the license in an acceptable electronic format, and proper identification upon demand by a law enforcement officer.

(1) Carry the license, or an electronic copy of the license in an acceptable electronic format, together with valid identification, at any time when the licensee is carrying a concealed handgun; and

(2) Display both the license, or an electronic copy of the license in an acceptable electronic format, and proper identification upon demand by a law enforcement officer.

(c) The presentment of proof of a license to carry a concealed handgun in electronic form does not: (1) Authorize a search of any other content of an electronic device without a search warrant or probable cause; or (2) Expand or restrict the authority of a law enforcement officer to conduct a search or investigation.

(1) Authorize a search of any other content of an electronic device without a search warrant or probable cause; or

(2) Expand or restrict the authority of a law enforcement officer to conduct a search or investigation.

Amended by Act 2013, No. 419,§ 2, eff. 8/16/2013.

Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 2007, No. 827, § 102.
Ark. Code Ann. § 5-38-310 — AR Code / Title 5 / Chapter 38 / Subchapter 3 / Section 5-38-310
Unlawful burning
Status: in_force

(a) A person commits the offense of unlawful burning if the person: (1) Sets on fire or causes or procures to be set on fire any forest, brush, or other inflammable vegetation on another person's land; (2) Allows a fire that he or she built or has charge of to escape from his or her control or to spread to a person's land other than that of the builder of the fire; (3) (A) Burns any brush, stumps, logs, rubbish, fallen timber, grass, stubble, or debris of any sort, whether on the person's own land or another person's land, without taking necessary precaution both before lighting the fire and at any time after lighting the fire to prevent the escape of the fire. (B) The escape of fire to adjoining timber, brush, or grassland is prima facie evidence that a necessary precaution was not taken; (4) Builds a camp fire on another person's land without clearing the ground immediately around it of material that will carry fire; (5) Leaves on another person's land a camp fire to spread on that person's land; (6) Starts a fire in forest material not the person's own by throwing away a lighted cigar, match, or cigarette or by the use of a firearm or in any other manner and leaves the fire unextinguished; (7) Defaces or destroys a fire warning notice; (8) Is an employee of the Arkansas Forestry Commission or an officer charged with a duty of enforcing a criminal law and fails to attempt to secure the arrest and conviction of a person against whom he or she has evidence or can secure evidence of violating a fire law; or (9) Sets on fire or causes or procures to be set on fire any forest, brush, or other flammable material in violation of a burn ban on outdoor burning declared under § 12-75-108 . (b) Unlawful burning is a Class A misdemeanor. (c) A bond for costs shall not be required in a court of this state for prosecution for violation of this section. (d) It is not a violation of: (1) Subdivision (a)(8) of this section for an employee of the commission to fail to enforce subdivision (a)(9) of this section; or (2) Subdivision (a)(9) of this section if the person was: (A) Acting under a permit issued by the chief executive of the political subdivision issuing the burn ban; or (B) (i) Setting on fire or causing or procuring to be set on fire any crop remainder or remaining vegetation after harvest of the crop on the person's land. (ii) (a) In order to provide a safety barrier between the crop remainder or remaining vegetation and adjacent land, the person shall perform adequate disking of field perimeters or perform other safety measures as required by the county burn ban officer. (b) If the person does not comply with subdivision (d)(2)(B)(ii)( a ) of this section, the defense under subdivision (d)(2)(B)(i) is not available, and the person is liable for actual damages to adjacent land caused by the fire. Acts 1935, No. 85, §§ 1, 8; Pope's Dig., §§ 3049, 3056; Acts 1981, No. 845, §§ 1, 2; A.S.A. 1947, §§ 41-1951, 41-1958; Acts 1993, No. 521, § 4; 2005, No. 1994, § 349; 2007, No. 465, § 1; 2009, No. 748, § 23; 2011, No. 1038, § 1.

(a) A person commits the offense of unlawful burning if the person: (1) Sets on fire or causes or procures to be set on fire any forest, brush, or other inflammable vegetation on another person's land; (2) Allows a fire that he or she built or has charge of to escape from his or her control or to spread to a person's land other than that of the builder of the fire; (3) (A) Burns any brush, stumps, logs, rubbish, fallen timber, grass, stubble, or debris of any sort, whether on the person's own land or another person's land, without taking necessary precaution both before lighting the fire and at any time after lighting the fire to prevent the escape of the fire. (B) The escape of fire to adjoining timber, brush, or grassland is prima facie evidence that a necessary precaution was not taken; (4) Builds a camp fire on another person's land without clearing the ground immediately around it of material that will carry fire; (5) Leaves on another person's land a camp fire to spread on that person's land; (6) Starts a fire in forest material not the person's own by throwing away a lighted cigar, match, or cigarette or by the use of a firearm or in any other manner and leaves the fire unextinguished; (7) Defaces or destroys a fire warning notice; (8) Is an employee of the Arkansas Forestry Commission or an officer charged with a duty of enforcing a criminal law and fails to attempt to secure the arrest and conviction of a person against whom he or she has evidence or can secure evidence of violating a fire law; or (9) Sets on fire or causes or procures to be set on fire any forest, brush, or other flammable material in violation of a burn ban on outdoor burning declared under § 12-75-108 .

(1) Sets on fire or causes or procures to be set on fire any forest, brush, or other inflammable vegetation on another person's land;

(2) Allows a fire that he or she built or has charge of to escape from his or her control or to spread to a person's land other than that of the builder of the fire;

(3) (A) Burns any brush, stumps, logs, rubbish, fallen timber, grass, stubble, or debris of any sort, whether on the person's own land or another person's land, without taking necessary precaution both before lighting the fire and at any time after lighting the fire to prevent the escape of the fire. (B) The escape of fire to adjoining timber, brush, or grassland is prima facie evidence that a necessary precaution was not taken;

(A) Burns any brush, stumps, logs, rubbish, fallen timber, grass, stubble, or debris of any sort, whether on the person's own land or another person's land, without taking necessary precaution both before lighting the fire and at any time after lighting the fire to prevent the escape of the fire.

(B) The escape of fire to adjoining timber, brush, or grassland is prima facie evidence that a necessary precaution was not taken;

(4) Builds a camp fire on another person's land without clearing the ground immediately around it of material that will carry fire;

(5) Leaves on another person's land a camp fire to spread on that person's land;

(6) Starts a fire in forest material not the person's own by throwing away a lighted cigar, match, or cigarette or by the use of a firearm or in any other manner and leaves the fire unextinguished;

(7) Defaces or destroys a fire warning notice;

(8) Is an employee of the Arkansas Forestry Commission or an officer charged with a duty of enforcing a criminal law and fails to attempt to secure the arrest and conviction of a person against whom he or she has evidence or can secure evidence of violating a fire law; or

(9) Sets on fire or causes or procures to be set on fire any forest, brush, or other flammable material in violation of a burn ban on outdoor burning declared under § 12-75-108 .

(b) Unlawful burning is a Class A misdemeanor.

(c) A bond for costs shall not be required in a court of this state for prosecution for violation of this section.

(d) It is not a violation of: (1) Subdivision (a)(8) of this section for an employee of the commission to fail to enforce subdivision (a)(9) of this section; or (2) Subdivision (a)(9) of this section if the person was: (A) Acting under a permit issued by the chief executive of the political subdivision issuing the burn ban; or (B) (i) Setting on fire or causing or procuring to be set on fire any crop remainder or remaining vegetation after harvest of the crop on the person's land. (ii) (a) In order to provide a safety barrier between the crop remainder or remaining vegetation and adjacent land, the person shall perform adequate disking of field perimeters or perform other safety measures as required by the county burn ban officer. (b) If the person does not comply with subdivision (d)(2)(B)(ii)( a ) of this section, the defense under subdivision (d)(2)(B)(i) is not available, and the person is liable for actual damages to adjacent land caused by the fire.

(1) Subdivision (a)(8) of this section for an employee of the commission to fail to enforce subdivision (a)(9) of this section; or

(2) Subdivision (a)(9) of this section if the person was: (A) Acting under a permit issued by the chief executive of the political subdivision issuing the burn ban; or (B) (i) Setting on fire or causing or procuring to be set on fire any crop remainder or remaining vegetation after harvest of the crop on the person's land. (ii) (a) In order to provide a safety barrier between the crop remainder or remaining vegetation and adjacent land, the person shall perform adequate disking of field perimeters or perform other safety measures as required by the county burn ban officer. (b) If the person does not comply with subdivision (d)(2)(B)(ii)( a ) of this section, the defense under subdivision (d)(2)(B)(i) is not available, and the person is liable for actual damages to adjacent land caused by the fire.

(A) Acting under a permit issued by the chief executive of the political subdivision issuing the burn ban; or

(B) (i) Setting on fire or causing or procuring to be set on fire any crop remainder or remaining vegetation after harvest of the crop on the person's land. (ii) (a) In order to provide a safety barrier between the crop remainder or remaining vegetation and adjacent land, the person shall perform adequate disking of field perimeters or perform other safety measures as required by the county burn ban officer. (b) If the person does not comply with subdivision (d)(2)(B)(ii)( a ) of this section, the defense under subdivision (d)(2)(B)(i) is not available, and the person is liable for actual damages to adjacent land caused by the fire.

(i) Setting on fire or causing or procuring to be set on fire any crop remainder or remaining vegetation after harvest of the crop on the person's land.

(ii) (a) In order to provide a safety barrier between the crop remainder or remaining vegetation and adjacent land, the person shall perform adequate disking of field perimeters or perform other safety measures as required by the county burn ban officer. (b) If the person does not comply with subdivision (d)(2)(B)(ii)( a ) of this section, the defense under subdivision (d)(2)(B)(i) is not available, and the person is liable for actual damages to adjacent land caused by the fire.

(a) In order to provide a safety barrier between the crop remainder or remaining vegetation and adjacent land, the person shall perform adequate disking of field perimeters or perform other safety measures as required by the county burn ban officer.

(b) If the person does not comply with subdivision (d)(2)(B)(ii)( a ) of this section, the defense under subdivision (d)(2)(B)(i) is not available, and the person is liable for actual damages to adjacent land caused by the fire.

Acts 1935, No. 85, §§ 1, 8; Pope's Dig., §§ 3049, 3056; Acts 1981, No. 845, §§ 1, 2; A.S.A. 1947, §§ 41-1951, 41-1958; Acts 1993, No. 521, § 4; 2005, No. 1994, § 349; 2007, No. 465, § 1; 2009, No. 748, § 23; 2011, No. 1038, § 1.
Ark. Code Ann. § 5-1-106 — AR Code / Title 5 / Chapter 1 / Section 5-1-106
Felonies
Status: in_force

(a) An offense is a felony if the offense is designated a felony by: (1) The Arkansas Criminal Code; or (2) A statute not a part of the Arkansas Criminal Code. (b) A felony is classified as follows: (1) Class Y felony; (2) Class A felony; (3) Class B felony; (4) Class C felony; or (5) Class D felony. (c) (1) Any felony defined by a statute not a part of the Arkansas Criminal Code that does not specify the class of the felony or prescribe a limitation on a sentence to imprisonment upon conviction of the felony is a Class D felony. (2) Any felony defined by a statute not a part of the Arkansas Criminal Code that does prescribe a limitation on a sentence to imprisonment upon conviction of the felony is an unclassified felony. Acts 1975, No. 280, § 112; 1981, No. 620, § 2; A.S.A. 1947, § 41-112.

(a) An offense is a felony if the offense is designated a felony by: (1) The Arkansas Criminal Code; or (2) A statute not a part of the Arkansas Criminal Code.

(1) The Arkansas Criminal Code; or

(2) A statute not a part of the Arkansas Criminal Code.

(b) A felony is classified as follows: (1) Class Y felony; (2) Class A felony; (3) Class B felony; (4) Class C felony; or (5) Class D felony.

(1) Class Y felony;

(2) Class A felony;

(3) Class B felony;

(4) Class C felony; or

(5) Class D felony.

(c) (1) Any felony defined by a statute not a part of the Arkansas Criminal Code that does not specify the class of the felony or prescribe a limitation on a sentence to imprisonment upon conviction of the felony is a Class D felony. (2) Any felony defined by a statute not a part of the Arkansas Criminal Code that does prescribe a limitation on a sentence to imprisonment upon conviction of the felony is an unclassified felony.

(1) Any felony defined by a statute not a part of the Arkansas Criminal Code that does not specify the class of the felony or prescribe a limitation on a sentence to imprisonment upon conviction of the felony is a Class D felony.

(2) Any felony defined by a statute not a part of the Arkansas Criminal Code that does prescribe a limitation on a sentence to imprisonment upon conviction of the felony is an unclassified felony.

Acts 1975, No. 280, § 112; 1981, No. 620, § 2; A.S.A. 1947, § 41-112.
Ark. Code Ann. § 5-53-116 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-116
Simulating legal process
Status: in_force

(a) A person commits the offense of simulating legal process if, with the purpose of obtaining anything of value, he or she knowingly delivers or causes to be delivered to another a request, demand, or notice that simulates any legal process issued by any court of this state. (b) Simulating legal process is a Class A misdemeanor. Acts 1975, No. 280, § 2616; A.S.A. 1947, § 41-2616.

(a) A person commits the offense of simulating legal process if, with the purpose of obtaining anything of value, he or she knowingly delivers or causes to be delivered to another a request, demand, or notice that simulates any legal process issued by any court of this state.

(b) Simulating legal process is a Class A misdemeanor.

Acts 1975, No. 280, § 2616; A.S.A. 1947, § 41-2616.
Ark. Code Ann. § 5-37-504 — AR Code / Title 5 / Chapter 37 / Subchapter 5 / Section 5-37-504
Horses - Behavior alteration before sale
Status: in_force

(a) It is unlawful for any person to sell any horse or mule that has been treated in any manner with a behavior-altering substance within the previous twenty-four (24) hours. (b) (1) Notwithstanding any other law to the contrary, a buyer may rescind the sale of a horse or mule and receive full repayment of any moneys paid if the horse or mule has been treated with a behavior-altering substance within twenty-four (24) hours of the sale. (2) However, if the expiration of the twenty-four (24) hours falls on a weekend or holiday, the right to rescind extends through the next business day following the weekend or holiday. (c) Any violation of a provision of this section is a Class A misdemeanor. (d) This section does not apply to any horse claimed in a claiming race at a licensed racetrack under the jurisdiction of the Arkansas Racing Commission if the treatment otherwise subject to this section consists only of a medication that may be administered to the horse without violating any applicable rule of the commission. Acts 2003, No. 363, § 1.

(a) It is unlawful for any person to sell any horse or mule that has been treated in any manner with a behavior-altering substance within the previous twenty-four (24) hours.

(b) (1) Notwithstanding any other law to the contrary, a buyer may rescind the sale of a horse or mule and receive full repayment of any moneys paid if the horse or mule has been treated with a behavior-altering substance within twenty-four (24) hours of the sale. (2) However, if the expiration of the twenty-four (24) hours falls on a weekend or holiday, the right to rescind extends through the next business day following the weekend or holiday.

(1) Notwithstanding any other law to the contrary, a buyer may rescind the sale of a horse or mule and receive full repayment of any moneys paid if the horse or mule has been treated with a behavior-altering substance within twenty-four (24) hours of the sale.

(2) However, if the expiration of the twenty-four (24) hours falls on a weekend or holiday, the right to rescind extends through the next business day following the weekend or holiday.

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

(d) This section does not apply to any horse claimed in a claiming race at a licensed racetrack under the jurisdiction of the Arkansas Racing Commission if the treatment otherwise subject to this section consists only of a medication that may be administered to the horse without violating any applicable rule of the commission.

Acts 2003, No. 363, § 1.
Ark. Code Ann. § 5-68-307 — AR Code / Title 5 / Chapter 68 / Subchapter 3 / Section 5-68-307
Public display of hard-core sexual conduct
Status: in_force

(a) A person commits a public display of hard-core sexual conduct if he or she knowingly engages in hard-core sexual conduct in an open public place. (b) Engaging in hard-core sexual conduct in an open public place is a Class D felony. Acts 1981 (Ex. Sess.), No. 28, § 7; A.S.A. 1947, § 41-3585.6.

(a) A person commits a public display of hard-core sexual conduct if he or she knowingly engages in hard-core sexual conduct in an open public place.

(b) Engaging in hard-core sexual conduct in an open public place is a Class D felony.

Acts 1981 (Ex. Sess.), No. 28, § 7; A.S.A. 1947, § 41-3585.6.
Ark. Code Ann. § 5-27-405 — AR Code / Title 5 / Chapter 27 / Subchapter 4 / Section 5-27-405
Determination of age of person
Status: in_force

When it becomes necessary for purposes of this subchapter to determine whether a person who participated in sexual conduct was a child under eighteen (18) years of age, the court or jury may make this determination by any of the following methods: (1) Personal inspection of the person; (2) Inspection of the photograph, motion picture, or other material that shows the person engaging in the sexual performance; (3) Oral testimony by a witness to the sexual performance as to the age of the person based on the person's appearance at the time; (4) Expert medical testimony based on the appearance of the person engaged in the sexual performance; or (5) Any other method authorized by law. Acts 1983, No. 451, § 5; A.S.A. 1947, § 41-4210; Acts 2011, No. 1190, § 6.

When it becomes necessary for purposes of this subchapter to determine whether a person who participated in sexual conduct was a child under eighteen (18) years of age, the court or jury may make this determination by any of the following methods:

(1) Personal inspection of the person;

(2) Inspection of the photograph, motion picture, or other material that shows the person engaging in the sexual performance;

(3) Oral testimony by a witness to the sexual performance as to the age of the person based on the person's appearance at the time;

(4) Expert medical testimony based on the appearance of the person engaged in the sexual performance; or

(5) Any other method authorized by law.

Acts 1983, No. 451, § 5; A.S.A. 1947, § 41-4210; Acts 2011, No. 1190, § 6.
Ark. Code Ann. § 5-14-111 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-111
Public sexual indecency
Status: in_force

(a) A person commits public sexual indecency if he or she engages in any of the following acts in a public place or public view: (1) An act of sexual intercourse; (2) An act of deviate sexual activity; or (3) An act of sexual contact. (b) Public sexual indecency is a Class A misdemeanor. Acts 1975, No. 280, § 1811; A.S.A. 1947, § 41-1811.

(a) A person commits public sexual indecency if he or she engages in any of the following acts in a public place or public view: (1) An act of sexual intercourse; (2) An act of deviate sexual activity; or (3) An act of sexual contact.

(1) An act of sexual intercourse;

(2) An act of deviate sexual activity; or

(3) An act of sexual contact.

(b) Public sexual indecency is a Class A misdemeanor.

Acts 1975, No. 280, § 1811; A.S.A. 1947, § 41-1811.
Ark. Code Ann. § 5-64-804 — AR Code / Title 5 / Chapter 64 / Subchapter 8 / Section 5-64-804
Injunction
Status: in_force

(a) The prosecuting attorney or a citizen of the county or municipality where a common or public nuisance, as defined in § 5-64-803 , is located may maintain a suit in the name of the state to abate and perpetually enjoin the common or public nuisance. (b) A circuit court has jurisdiction over the suit. (c) An injunction may be granted at the commencement of the suit and no bond is required if the action for injunction is brought by the prosecuting attorney. (d) If the suit for injunction is brought or maintained by a citizen of the county or municipality where the common or public nuisance is alleged to be located, then the circuit court may require a bond as in any other case of injunction. (e) On the finding that the material allegations of the complaint are true, the circuit court or judge of the circuit court in vacation shall order the injunction for such period of time as the circuit court or judge may think proper, with the right to dissolve the injunction upon the application of the owner of the place if a proper case is shown for the dissolution. (f) The continuance of the injunction as provided in this section may be ordered, although the place complained of may not at the time of hearing be unlawfully used. Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.

(a) The prosecuting attorney or a citizen of the county or municipality where a common or public nuisance, as defined in § 5-64-803 , is located may maintain a suit in the name of the state to abate and perpetually enjoin the common or public nuisance.

(b) A circuit court has jurisdiction over the suit.

(c) An injunction may be granted at the commencement of the suit and no bond is required if the action for injunction is brought by the prosecuting attorney.

(d) If the suit for injunction is brought or maintained by a citizen of the county or municipality where the common or public nuisance is alleged to be located, then the circuit court may require a bond as in any other case of injunction.

(e) On the finding that the material allegations of the complaint are true, the circuit court or judge of the circuit court in vacation shall order the injunction for such period of time as the circuit court or judge may think proper, with the right to dissolve the injunction upon the application of the owner of the place if a proper case is shown for the dissolution.

(f) The continuance of the injunction as provided in this section may be ordered, although the place complained of may not at the time of hearing be unlawfully used.

Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.
Ark. Code Ann. § 5-64-430 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-430
Delivery of a Schedule III controlled substance
Status: in_force

(a) Except as provided by this chapter, it is unlawful for a person to deliver a Schedule III controlled substance. (b) (1) A person who delivers less than twenty-eight grams (28g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class C felony. (2) A person who delivers twenty-eight grams (28g) or more but less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class B felony. (3) A person who delivers two hundred grams (200g) or more but less than four hundred grams (400g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class A felony. Acts 2011, No. 570, § 52.

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

(b) (1) A person who delivers less than twenty-eight grams (28g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class C felony. (2) A person who delivers twenty-eight grams (28g) or more but less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class B felony. (3) A person who delivers two hundred grams (200g) or more but less than four hundred grams (400g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class A felony.

(1) A person who delivers less than twenty-eight grams (28g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class C felony.

(2) A person who delivers twenty-eight grams (28g) or more but less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class B felony.

(3) A person who delivers two hundred grams (200g) or more but less than four hundred grams (400g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class A felony.

Acts 2011, No. 570, § 52.