Ark. Code Ann. § 5-74-109 — AR Code / Title 5 / Chapter 74 / Subchapter 1 / Section 5-74-109
Premises and real property used by criminal gangs, organizations, or enterprises, or used by anyone in committing a continuing series of violations - Civil remedies
Status: in_force

(a) Intent. The intent of the General Assembly in this section is to enact civil remedies that eliminate the availability of any premises for use in the commission of a continuing series of criminal offenses. (b) Common Nuisance Declared. Any premises, building, or place used to facilitate the commission of a continuing series of three (3) or more criminal violations of Arkansas law is declared to be detrimental to the law-abiding citizens of the state and may be subject to an injunction, a court-ordered eviction, or a cause of action for damages as provided for in this subchapter. (c) Action to Abate - Permanent Injunction - Verification of Complaint. (1) When there is reason to believe a common nuisance under subsection (b) of this section is kept or maintained, or exists in any county, the prosecuting attorney of the county in the name of the state, the city attorney of any incorporated city, the Attorney General, or any citizen of the state or a resident of the county in his or her own name, may enjoin permanently the person conducting or maintaining the nuisance and the owner, lessee, or agent of the building or place in or upon which the nuisance exists from directly or indirectly maintaining or permitting the nuisance. (2) Unless filed by the prosecuting attorney or the Attorney General, the complaint in the action shall be verified. (d) Inspection Warrant. When there is reasonable cause to believe that any premises is being maintained in violation of this section, a judicial officer may, upon the petition of the prosecuting attorney or the Attorney General, issue an inspection warrant for the premises. (e) Temporary Injunction - Bond Required - Exceptions. (1) If the existence of the nuisance is shown in the action to the satisfaction of the court, the court shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of the nuisance. (2) (A) On granting the temporary writ, the court shall require a bond on the part of the applicant to the effect that the applicant shall pay to the enjoined defendant such damages, not exceeding an amount to be specified, as the defendant sustains by reason of the injunction should the court finally decide that the applicant was not entitled to the injunction. (B) A bond is not required when the proceeding is instituted by the prosecuting attorney, the Attorney General, or the city attorney. (f) Precedence of Action - Exceptions. The action shall be filed in the circuit court and have precedence over all other actions except election contests and hearings on injunctions. (g) Dismissal for Want of Prosecution. If the complaint is filed by a citizen, it shall not be dismissed by him or her or for want of prosecution except upon a sworn statement made by him or her setting forth the reasons why the action shall be dismissed, and by dismissal ordered by the court. (h) Costs. If the action is brought by a citizen and the court finds there was reasonable ground or cause for the action, costs shall be assessed against him or her. (i) Order of Abatement - Lien for Costs - Enforcement. (1) If the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the judgment in the case, and the plaintiff's costs in carrying out the order are a lien upon the building or place. (2) The lien is enforceable and collectible for execution issued by order of the court. (j) Order of Abatement - Damages. (1) If the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the judgment, and the order shall direct the removal from the building or place of all fixtures and other movable property used in conducting, maintaining, aiding, or abetting the nuisance and shall direct their sale in the manner provided for the sale of chattels under execution. (2) (A) The order shall provide for any appropriate equitable relief as determined by the court to be necessary to abate the nuisance and may further provide, if determined to be the least restrictive alternative available to effectively accomplish the abatement, for the effectual closing of the building or place for such period of time as determined to be necessary by the court as adequate to abate the nuisance. (B) An alternative to closure may be considered only as provided in this section. (3) (A) (i) If the court finds that a vacancy resulting from closure of the building or place may create a nuisance or that closure is otherwise harmful to the community, in lieu of ordering the building or place closed, the court may order the person who is seeking to keep the premises open to pay damages in an amount equal to the fair market rental value of the building or place, for a period of time as determined appropriate by the court, the city attorney, prosecuting attorney, or the Attorney General. (ii) Damages ordered under subdivision (j)(3)(A)(i) of this section are to be used: (a) To investigate and litigate future nuisance abatement actions; or (b) By the city or county in whose jurisdiction the nuisance is located or by the state for the purpose of carrying out its drug prevention and education programs. (iii) If damages ordered under subdivision (j)(3)(A)(i) of this section are awarded to a city, eligible programs under subdivision (j)(3)(A)(ii) (b) of this section may include those developed as a result of cooperative programs among schools, community agencies, and the local enforcement agency. (iv) If damages ordered under subdivision (j)(3)(A)(i) of this section are awarded to a county, the damages shall be used for those programs under subdivision (j)(3)(A)(ii) (b) of this section that are part of any county program in place or used by the county law enforcement agency. (v) Damages ordered under subdivision (j)(3)(A)(i) of this section shall not be used to supplant existing city, county, state, or federal resources used for drug prevention and education programs. (B) (i) For purpose of this subdivision (j)(3), the actual amount of rent being received for the rent of the building or place, or the existence of any vacancy in the building or place, may be considered, but shall not be the sole determinant of the fair market rental value. (ii) Expert testimony may be used to determine the fair market rental value. (4) (A) In addition, the court may award damages equal to the plaintiff's cost in the investigation and litigation of the abatement action, not to exceed five thousand dollars ($5,000), against any defendant based upon the severity of the nuisance and its duration. (B) The damages may be collected in any manner provided for the collection of any civil judgment. (k) Custody of Building. While the order of abatement remains in effect, the building or place is in the custody of the court. (l) Fees - Closing of Building or Place. For removing and selling the movable property, the city, county, or responsible law enforcement agency is entitled to charge and receive the same fees as could be charged and received for levying upon and selling like property on execution, and for closing the premises and keeping the premises closed, a reasonable sum shall be allowed by the court. (m) Disposition of Sale Proceeds. The proceeds of the sale of the movable property shall be applied as follows: (1) First, to the fees and costs of the removal and sale; (2) Second, to the allowances and costs of closing and keeping closed the building or place; (3) Third, to the payment of the plaintiff's costs in the action; and (4) Fourth, the balance, if any, to the owner of the property. (n) Release of the Building to Owner. (1) If the owner of the building or place has not been guilty of any contempt of court in the proceedings and appears and pays all costs, fees, and allowances that are liens on the building or place and files a bond in the full value of the property conditioned that the owner shall immediately abate any nuisance that may exist at the building or place and prevent it from being a nuisance within a period of one (1) year thereafter, the court may, if satisfied of the owner's good faith, order the building or place to be delivered to the owner and the order of abatement cancelled so far as it may relate to the property. (2) The release of property under a provision of this section does not release it from any judgment, lien, penalty, or liability to which it may be subject. (o) Fine as Lien - Enforcement. (1) When the owner of a building or place upon which the act or acts constituting contempt have been committed, or the owner of any interest in the building or place, has been guilty of contempt of court and fined in any proceeding under this subchapter, the fine is a lien upon the building or place to the extent of his or her interest in it. (2) The lien is enforceable and collectible by execution issued by order of the court. (p) Violations - Criminal Penalties. A violation of or disobedience of an injunction or order for abatement is punishable as contempt of court by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for not less than one (1) month nor more than six (6) months, or by both. (q) Forfeiture. (1) This section does not provide for the property to be forfeited to the state. (2) However, the state may at any time amend its petition to seek forfeiture if the property is subject to forfeiture under other Arkansas law. Amended by Act 2023, No. 741,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 741,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 741,§ 1, eff. 8/1/2023. Acts 1993, No. 1002, § 1; 1995, No. 1296, § 10.

(a) Intent. The intent of the General Assembly in this section is to enact civil remedies that eliminate the availability of any premises for use in the commission of a continuing series of criminal offenses.

(b) Common Nuisance Declared. Any premises, building, or place used to facilitate the commission of a continuing series of three (3) or more criminal violations of Arkansas law is declared to be detrimental to the law-abiding citizens of the state and may be subject to an injunction, a court-ordered eviction, or a cause of action for damages as provided for in this subchapter.

(c) Action to Abate - Permanent Injunction - Verification of Complaint. (1) When there is reason to believe a common nuisance under subsection (b) of this section is kept or maintained, or exists in any county, the prosecuting attorney of the county in the name of the state, the city attorney of any incorporated city, the Attorney General, or any citizen of the state or a resident of the county in his or her own name, may enjoin permanently the person conducting or maintaining the nuisance and the owner, lessee, or agent of the building or place in or upon which the nuisance exists from directly or indirectly maintaining or permitting the nuisance. (2) Unless filed by the prosecuting attorney or the Attorney General, the complaint in the action shall be verified.

(1) When there is reason to believe a common nuisance under subsection (b) of this section is kept or maintained, or exists in any county, the prosecuting attorney of the county in the name of the state, the city attorney of any incorporated city, the Attorney General, or any citizen of the state or a resident of the county in his or her own name, may enjoin permanently the person conducting or maintaining the nuisance and the owner, lessee, or agent of the building or place in or upon which the nuisance exists from directly or indirectly maintaining or permitting the nuisance.

(2) Unless filed by the prosecuting attorney or the Attorney General, the complaint in the action shall be verified.

(d) Inspection Warrant. When there is reasonable cause to believe that any premises is being maintained in violation of this section, a judicial officer may, upon the petition of the prosecuting attorney or the Attorney General, issue an inspection warrant for the premises.

(e) Temporary Injunction - Bond Required - Exceptions. (1) If the existence of the nuisance is shown in the action to the satisfaction of the court, the court shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of the nuisance. (2) (A) On granting the temporary writ, the court shall require a bond on the part of the applicant to the effect that the applicant shall pay to the enjoined defendant such damages, not exceeding an amount to be specified, as the defendant sustains by reason of the injunction should the court finally decide that the applicant was not entitled to the injunction. (B) A bond is not required when the proceeding is instituted by the prosecuting attorney, the Attorney General, or the city attorney.

(1) If the existence of the nuisance is shown in the action to the satisfaction of the court, the court shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of the nuisance.

(2) (A) On granting the temporary writ, the court shall require a bond on the part of the applicant to the effect that the applicant shall pay to the enjoined defendant such damages, not exceeding an amount to be specified, as the defendant sustains by reason of the injunction should the court finally decide that the applicant was not entitled to the injunction. (B) A bond is not required when the proceeding is instituted by the prosecuting attorney, the Attorney General, or the city attorney.

(A) On granting the temporary writ, the court shall require a bond on the part of the applicant to the effect that the applicant shall pay to the enjoined defendant such damages, not exceeding an amount to be specified, as the defendant sustains by reason of the injunction should the court finally decide that the applicant was not entitled to the injunction.

(B) A bond is not required when the proceeding is instituted by the prosecuting attorney, the Attorney General, or the city attorney.

(f) Precedence of Action - Exceptions. The action shall be filed in the circuit court and have precedence over all other actions except election contests and hearings on injunctions.

(g) Dismissal for Want of Prosecution. If the complaint is filed by a citizen, it shall not be dismissed by him or her or for want of prosecution except upon a sworn statement made by him or her setting forth the reasons why the action shall be dismissed, and by dismissal ordered by the court.

(h) Costs. If the action is brought by a citizen and the court finds there was reasonable ground or cause for the action, costs shall be assessed against him or her.

(i) Order of Abatement - Lien for Costs - Enforcement. (1) If the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the judgment in the case, and the plaintiff's costs in carrying out the order are a lien upon the building or place. (2) The lien is enforceable and collectible for execution issued by order of the court.

(1) If the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the judgment in the case, and the plaintiff's costs in carrying out the order are a lien upon the building or place.

(2) The lien is enforceable and collectible for execution issued by order of the court.

(j) Order of Abatement - Damages. (1) If the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the judgment, and the order shall direct the removal from the building or place of all fixtures and other movable property used in conducting, maintaining, aiding, or abetting the nuisance and shall direct their sale in the manner provided for the sale of chattels under execution. (2) (A) The order shall provide for any appropriate equitable relief as determined by the court to be necessary to abate the nuisance and may further provide, if determined to be the least restrictive alternative available to effectively accomplish the abatement, for the effectual closing of the building or place for such period of time as determined to be necessary by the court as adequate to abate the nuisance. (B) An alternative to closure may be considered only as provided in this section. (3) (A) (i) If the court finds that a vacancy resulting from closure of the building or place may create a nuisance or that closure is otherwise harmful to the community, in lieu of ordering the building or place closed, the court may order the person who is seeking to keep the premises open to pay damages in an amount equal to the fair market rental value of the building or place, for a period of time as determined appropriate by the court, the city attorney, prosecuting attorney, or the Attorney General. (ii) Damages ordered under subdivision (j)(3)(A)(i) of this section are to be used: (a) To investigate and litigate future nuisance abatement actions; or (b) By the city or county in whose jurisdiction the nuisance is located or by the state for the purpose of carrying out its drug prevention and education programs. (iii) If damages ordered under subdivision (j)(3)(A)(i) of this section are awarded to a city, eligible programs under subdivision (j)(3)(A)(ii) (b) of this section may include those developed as a result of cooperative programs among schools, community agencies, and the local enforcement agency. (iv) If damages ordered under subdivision (j)(3)(A)(i) of this section are awarded to a county, the damages shall be used for those programs under subdivision (j)(3)(A)(ii) (b) of this section that are part of any county program in place or used by the county law enforcement agency. (v) Damages ordered under subdivision (j)(3)(A)(i) of this section shall not be used to supplant existing city, county, state, or federal resources used for drug prevention and education programs. (B) (i) For purpose of this subdivision (j)(3), the actual amount of rent being received for the rent of the building or place, or the existence of any vacancy in the building or place, may be considered, but shall not be the sole determinant of the fair market rental value. (ii) Expert testimony may be used to determine the fair market rental value. (4) (A) In addition, the court may award damages equal to the plaintiff's cost in the investigation and litigation of the abatement action, not to exceed five thousand dollars ($5,000), against any defendant based upon the severity of the nuisance and its duration. (B) The damages may be collected in any manner provided for the collection of any civil judgment.

(1) If the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the judgment, and the order shall direct the removal from the building or place of all fixtures and other movable property used in conducting, maintaining, aiding, or abetting the nuisance and shall direct their sale in the manner provided for the sale of chattels under execution.

(2) (A) The order shall provide for any appropriate equitable relief as determined by the court to be necessary to abate the nuisance and may further provide, if determined to be the least restrictive alternative available to effectively accomplish the abatement, for the effectual closing of the building or place for such period of time as determined to be necessary by the court as adequate to abate the nuisance. (B) An alternative to closure may be considered only as provided in this section.

(A) The order shall provide for any appropriate equitable relief as determined by the court to be necessary to abate the nuisance and may further provide, if determined to be the least restrictive alternative available to effectively accomplish the abatement, for the effectual closing of the building or place for such period of time as determined to be necessary by the court as adequate to abate the nuisance.

(B) An alternative to closure may be considered only as provided in this section.

(3) (A) (i) If the court finds that a vacancy resulting from closure of the building or place may create a nuisance or that closure is otherwise harmful to the community, in lieu of ordering the building or place closed, the court may order the person who is seeking to keep the premises open to pay damages in an amount equal to the fair market rental value of the building or place, for a period of time as determined appropriate by the court, the city attorney, prosecuting attorney, or the Attorney General. (ii) Damages ordered under subdivision (j)(3)(A)(i) of this section are to be used: (a) To investigate and litigate future nuisance abatement actions; or (b) By the city or county in whose jurisdiction the nuisance is located or by the state for the purpose of carrying out its drug prevention and education programs. (iii) If damages ordered under subdivision (j)(3)(A)(i) of this section are awarded to a city, eligible programs under subdivision (j)(3)(A)(ii) (b) of this section may include those developed as a result of cooperative programs among schools, community agencies, and the local enforcement agency. (iv) If damages ordered under subdivision (j)(3)(A)(i) of this section are awarded to a county, the damages shall be used for those programs under subdivision (j)(3)(A)(ii) (b) of this section that are part of any county program in place or used by the county law enforcement agency. (v) Damages ordered under subdivision (j)(3)(A)(i) of this section shall not be used to supplant existing city, county, state, or federal resources used for drug prevention and education programs. (B) (i) For purpose of this subdivision (j)(3), the actual amount of rent being received for the rent of the building or place, or the existence of any vacancy in the building or place, may be considered, but shall not be the sole determinant of the fair market rental value. (ii) Expert testimony may be used to determine the fair market rental value.

(A) (i) If the court finds that a vacancy resulting from closure of the building or place may create a nuisance or that closure is otherwise harmful to the community, in lieu of ordering the building or place closed, the court may order the person who is seeking to keep the premises open to pay damages in an amount equal to the fair market rental value of the building or place, for a period of time as determined appropriate by the court, the city attorney, prosecuting attorney, or the Attorney General. (ii) Damages ordered under subdivision (j)(3)(A)(i) of this section are to be used: (a) To investigate and litigate future nuisance abatement actions; or (b) By the city or county in whose jurisdiction the nuisance is located or by the state for the purpose of carrying out its drug prevention and education programs. (iii) If damages ordered under subdivision (j)(3)(A)(i) of this section are awarded to a city, eligible programs under subdivision (j)(3)(A)(ii) (b) of this section may include those developed as a result of cooperative programs among schools, community agencies, and the local enforcement agency. (iv) If damages ordered under subdivision (j)(3)(A)(i) of this section are awarded to a county, the damages shall be used for those programs under subdivision (j)(3)(A)(ii) (b) of this section that are part of any county program in place or used by the county law enforcement agency. (v) Damages ordered under subdivision (j)(3)(A)(i) of this section shall not be used to supplant existing city, county, state, or federal resources used for drug prevention and education programs.

(i) If the court finds that a vacancy resulting from closure of the building or place may create a nuisance or that closure is otherwise harmful to the community, in lieu of ordering the building or place closed, the court may order the person who is seeking to keep the premises open to pay damages in an amount equal to the fair market rental value of the building or place, for a period of time as determined appropriate by the court, the city attorney, prosecuting attorney, or the Attorney General.

(ii) Damages ordered under subdivision (j)(3)(A)(i) of this section are to be used: (a) To investigate and litigate future nuisance abatement actions; or (b) By the city or county in whose jurisdiction the nuisance is located or by the state for the purpose of carrying out its drug prevention and education programs.

(a) To investigate and litigate future nuisance abatement actions; or

(b) By the city or county in whose jurisdiction the nuisance is located or by the state for the purpose of carrying out its drug prevention and education programs.

(iii) If damages ordered under subdivision (j)(3)(A)(i) of this section are awarded to a city, eligible programs under subdivision (j)(3)(A)(ii) (b) of this section may include those developed as a result of cooperative programs among schools, community agencies, and the local enforcement agency.

(iv) If damages ordered under subdivision (j)(3)(A)(i) of this section are awarded to a county, the damages shall be used for those programs under subdivision (j)(3)(A)(ii) (b) of this section that are part of any county program in place or used by the county law enforcement agency.

(v) Damages ordered under subdivision (j)(3)(A)(i) of this section shall not be used to supplant existing city, county, state, or federal resources used for drug prevention and education programs.

(B) (i) For purpose of this subdivision (j)(3), the actual amount of rent being received for the rent of the building or place, or the existence of any vacancy in the building or place, may be considered, but shall not be the sole determinant of the fair market rental value. (ii) Expert testimony may be used to determine the fair market rental value.

(i) For purpose of this subdivision (j)(3), the actual amount of rent being received for the rent of the building or place, or the existence of any vacancy in the building or place, may be considered, but shall not be the sole determinant of the fair market rental value.

(ii) Expert testimony may be used to determine the fair market rental value.

(4) (A) In addition, the court may award damages equal to the plaintiff's cost in the investigation and litigation of the abatement action, not to exceed five thousand dollars ($5,000), against any defendant based upon the severity of the nuisance and its duration. (B) The damages may be collected in any manner provided for the collection of any civil judgment.

(A) In addition, the court may award damages equal to the plaintiff's cost in the investigation and litigation of the abatement action, not to exceed five thousand dollars ($5,000), against any defendant based upon the severity of the nuisance and its duration.

(B) The damages may be collected in any manner provided for the collection of any civil judgment.

(k) Custody of Building. While the order of abatement remains in effect, the building or place is in the custody of the court.

(l) Fees - Closing of Building or Place. For removing and selling the movable property, the city, county, or responsible law enforcement agency is entitled to charge and receive the same fees as could be charged and received for levying upon and selling like property on execution, and for closing the premises and keeping the premises closed, a reasonable sum shall be allowed by the court.

(m) Disposition of Sale Proceeds. The proceeds of the sale of the movable property shall be applied as follows: (1) First, to the fees and costs of the removal and sale; (2) Second, to the allowances and costs of closing and keeping closed the building or place; (3) Third, to the payment of the plaintiff's costs in the action; and (4) Fourth, the balance, if any, to the owner of the property.

(1) First, to the fees and costs of the removal and sale;

(2) Second, to the allowances and costs of closing and keeping closed the building or place;

(3) Third, to the payment of the plaintiff's costs in the action; and

(4) Fourth, the balance, if any, to the owner of the property.

(n) Release of the Building to Owner. (1) If the owner of the building or place has not been guilty of any contempt of court in the proceedings and appears and pays all costs, fees, and allowances that are liens on the building or place and files a bond in the full value of the property conditioned that the owner shall immediately abate any nuisance that may exist at the building or place and prevent it from being a nuisance within a period of one (1) year thereafter, the court may, if satisfied of the owner's good faith, order the building or place to be delivered to the owner and the order of abatement cancelled so far as it may relate to the property. (2) The release of property under a provision of this section does not release it from any judgment, lien, penalty, or liability to which it may be subject.

(1) If the owner of the building or place has not been guilty of any contempt of court in the proceedings and appears and pays all costs, fees, and allowances that are liens on the building or place and files a bond in the full value of the property conditioned that the owner shall immediately abate any nuisance that may exist at the building or place and prevent it from being a nuisance within a period of one (1) year thereafter, the court may, if satisfied of the owner's good faith, order the building or place to be delivered to the owner and the order of abatement cancelled so far as it may relate to the property.

(2) The release of property under a provision of this section does not release it from any judgment, lien, penalty, or liability to which it may be subject.

(o) Fine as Lien - Enforcement. (1) When the owner of a building or place upon which the act or acts constituting contempt have been committed, or the owner of any interest in the building or place, has been guilty of contempt of court and fined in any proceeding under this subchapter, the fine is a lien upon the building or place to the extent of his or her interest in it. (2) The lien is enforceable and collectible by execution issued by order of the court.

(1) When the owner of a building or place upon which the act or acts constituting contempt have been committed, or the owner of any interest in the building or place, has been guilty of contempt of court and fined in any proceeding under this subchapter, the fine is a lien upon the building or place to the extent of his or her interest in it.

(2) The lien is enforceable and collectible by execution issued by order of the court.

(p) Violations - Criminal Penalties. A violation of or disobedience of an injunction or order for abatement is punishable as contempt of court by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for not less than one (1) month nor more than six (6) months, or by both.

(q) Forfeiture. (1) This section does not provide for the property to be forfeited to the state. (2) However, the state may at any time amend its petition to seek forfeiture if the property is subject to forfeiture under other Arkansas law.

(1) This section does not provide for the property to be forfeited to the state.

(2) However, the state may at any time amend its petition to seek forfeiture if the property is subject to forfeiture under other Arkansas law.

Amended by Act 2023, No. 741,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 741,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 741,§ 1, eff. 8/1/2023.

Acts 1993, No. 1002, § 1; 1995, No. 1296, § 10.
Ark. Code Ann. § 5-36-304 — AR Code / Title 5 / Chapter 36 / Subchapter 3 / Section 5-36-304
Facilitating theft of wireless service by manufacture, distribution, or possession of devices for theft of wireless services
Status: in_force

(a) A person commits the offense of facilitating theft of wireless service if he or she: (1) Makes, distributes, possesses, uses, assembles, modifies, alters, programs, or reprograms a wireless device for the purpose of: (i) Commission of a theft of wireless service or to acquire or facilitate the acquisition of wireless service without the consent of the wireless service provider; or (ii) Concealing or assisting another person to conceal from any wireless service provider or from any lawful authority the existence or place of origin or of destination of any wireless communication; or (2) Sells, possesses, distributes, gives, or otherwise transfers to another or offers, promotes, or advertises for sale any wireless device or any plans or instructions for making or assembling a wireless device, under circumstances evidencing an intent to use or employ the wireless device, or to allow it to be used or employed, for a purpose described in subdivision (a)(1) of this section or knowing or having reason to believe that the wireless device is intended to be so used, or that the plans or instructions are intended to be used for making or assembling a wireless device intended to be used in violation of this subchapter. (b) Facilitating theft of wireless service is a: (1) Class A misdemeanor if the aggregate value of service obtained is five hundred dollars ($500) or less; (2) Class C felony if the aggregate value of service obtained is more than five hundred dollars ($500) but less than twenty-five hundred dollars ($2500); or (3) Class B felony if the: (A) Aggregate value of service is twenty-five hundred dollars ($2500) or more; (B) Conviction is for a second or subsequent offense; or (C) Person convicted of the offense has been previously convicted of any similar crime in this or any other state or federal jurisdiction. Acts 1997, No. 1310, § 4.

(a) A person commits the offense of facilitating theft of wireless service if he or she: (1) Makes, distributes, possesses, uses, assembles, modifies, alters, programs, or reprograms a wireless device for the purpose of: (i) Commission of a theft of wireless service or to acquire or facilitate the acquisition of wireless service without the consent of the wireless service provider; or (ii) Concealing or assisting another person to conceal from any wireless service provider or from any lawful authority the existence or place of origin or of destination of any wireless communication; or (2) Sells, possesses, distributes, gives, or otherwise transfers to another or offers, promotes, or advertises for sale any wireless device or any plans or instructions for making or assembling a wireless device, under circumstances evidencing an intent to use or employ the wireless device, or to allow it to be used or employed, for a purpose described in subdivision (a)(1) of this section or knowing or having reason to believe that the wireless device is intended to be so used, or that the plans or instructions are intended to be used for making or assembling a wireless device intended to be used in violation of this subchapter.

(1) Makes, distributes, possesses, uses, assembles, modifies, alters, programs, or reprograms a wireless device for the purpose of: (i) Commission of a theft of wireless service or to acquire or facilitate the acquisition of wireless service without the consent of the wireless service provider; or (ii) Concealing or assisting another person to conceal from any wireless service provider or from any lawful authority the existence or place of origin or of destination of any wireless communication; or

(i) Commission of a theft of wireless service or to acquire or facilitate the acquisition of wireless service without the consent of the wireless service provider; or

(ii) Concealing or assisting another person to conceal from any wireless service provider or from any lawful authority the existence or place of origin or of destination of any wireless communication; or

(2) Sells, possesses, distributes, gives, or otherwise transfers to another or offers, promotes, or advertises for sale any wireless device or any plans or instructions for making or assembling a wireless device, under circumstances evidencing an intent to use or employ the wireless device, or to allow it to be used or employed, for a purpose described in subdivision (a)(1) of this section or knowing or having reason to believe that the wireless device is intended to be so used, or that the plans or instructions are intended to be used for making or assembling a wireless device intended to be used in violation of this subchapter.

(b) Facilitating theft of wireless service is a: (1) Class A misdemeanor if the aggregate value of service obtained is five hundred dollars ($500) or less; (2) Class C felony if the aggregate value of service obtained is more than five hundred dollars ($500) but less than twenty-five hundred dollars ($2500); or (3) Class B felony if the: (A) Aggregate value of service is twenty-five hundred dollars ($2500) or more; (B) Conviction is for a second or subsequent offense; or (C) Person convicted of the offense has been previously convicted of any similar crime in this or any other state or federal jurisdiction.

(1) Class A misdemeanor if the aggregate value of service obtained is five hundred dollars ($500) or less;

(2) Class C felony if the aggregate value of service obtained is more than five hundred dollars ($500) but less than twenty-five hundred dollars ($2500); or

(3) Class B felony if the: (A) Aggregate value of service is twenty-five hundred dollars ($2500) or more; (B) Conviction is for a second or subsequent offense; or (C) Person convicted of the offense has been previously convicted of any similar crime in this or any other state or federal jurisdiction.

(A) Aggregate value of service is twenty-five hundred dollars ($2500) or more;

(B) Conviction is for a second or subsequent offense; or

(C) Person convicted of the offense has been previously convicted of any similar crime in this or any other state or federal jurisdiction.

Acts 1997, No. 1310, § 4.
Ark. Code Ann. § 5-26-501 — AR Code / Title 5 / Chapter 26 / Subchapter 5 / Section 5-26-501
Interference with visitation
Status: in_force

(a) (1) A person commits the offense of interference with visitation if, knowing that he or she has no lawful right to do so, he or she takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of visitation with the minor. (2) A person claiming interference with visitation shall provide a copy of the signed court order or decree regarding custody or visitation rights to a law enforcement officer as proof of the interference with visitation. (b) (1) Interference with visitation is a Class C misdemeanor. (2) However, interference with visitation is a: (A) Class D felony for any offense if the minor is taken, enticed, or kept outside of the State of Arkansas; or (B) Class A misdemeanor for a third or subsequent offense. (c) It is an affirmative defense to a prosecution that: (1) A person or lawful guardian committed the act to protect the minor from imminent physical harm if the defendant's: (A) Belief that physical harm was imminent is reasonable; and (B) Conduct in withholding visitation rights was a reasonable response to the harm believed to be imminent; (2) A person or lawful guardian committed the act based on a reasonable belief that the person entitled to visitation would remove the minor from the jurisdiction of the court; (3) The act was committed with the mutual consent of all parties having a right to custody and visitation of the minor; or (4) The act was otherwise authorized by law. Acts 1985, No. 540, § 1; A.S.A. 1947, § 41-2415; Acts 1999, No. 1129, § 1; 2007, No. 827, § 33.

(a) (1) A person commits the offense of interference with visitation if, knowing that he or she has no lawful right to do so, he or she takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of visitation with the minor. (2) A person claiming interference with visitation shall provide a copy of the signed court order or decree regarding custody or visitation rights to a law enforcement officer as proof of the interference with visitation.

(1) A person commits the offense of interference with visitation if, knowing that he or she has no lawful right to do so, he or she takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of visitation with the minor.

(2) A person claiming interference with visitation shall provide a copy of the signed court order or decree regarding custody or visitation rights to a law enforcement officer as proof of the interference with visitation.

(b) (1) Interference with visitation is a Class C misdemeanor. (2) However, interference with visitation is a: (A) Class D felony for any offense if the minor is taken, enticed, or kept outside of the State of Arkansas; or (B) Class A misdemeanor for a third or subsequent offense.

(1) Interference with visitation is a Class C misdemeanor.

(2) However, interference with visitation is a: (A) Class D felony for any offense if the minor is taken, enticed, or kept outside of the State of Arkansas; or (B) Class A misdemeanor for a third or subsequent offense.

(A) Class D felony for any offense if the minor is taken, enticed, or kept outside of the State of Arkansas; or

(B) Class A misdemeanor for a third or subsequent offense.

(c) It is an affirmative defense to a prosecution that: (1) A person or lawful guardian committed the act to protect the minor from imminent physical harm if the defendant's: (A) Belief that physical harm was imminent is reasonable; and (B) Conduct in withholding visitation rights was a reasonable response to the harm believed to be imminent; (2) A person or lawful guardian committed the act based on a reasonable belief that the person entitled to visitation would remove the minor from the jurisdiction of the court; (3) The act was committed with the mutual consent of all parties having a right to custody and visitation of the minor; or (4) The act was otherwise authorized by law.

(1) A person or lawful guardian committed the act to protect the minor from imminent physical harm if the defendant's: (A) Belief that physical harm was imminent is reasonable; and (B) Conduct in withholding visitation rights was a reasonable response to the harm believed to be imminent;

(A) Belief that physical harm was imminent is reasonable; and

(B) Conduct in withholding visitation rights was a reasonable response to the harm believed to be imminent;

(2) A person or lawful guardian committed the act based on a reasonable belief that the person entitled to visitation would remove the minor from the jurisdiction of the court;

(3) The act was committed with the mutual consent of all parties having a right to custody and visitation of the minor; or

(4) The act was otherwise authorized by law.

Acts 1985, No. 540, § 1; A.S.A. 1947, § 41-2415; Acts 1999, No. 1129, § 1; 2007, No. 827, § 33.
Ark. Code Ann. § 5-64-444 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-444
Drug paraphernalia - Delivery to a minor
Status: in_force

(a) A person eighteen (18) years of age or older who violates § 5-64-443 by delivering drug paraphernalia in the course of and in furtherance of a felony violation of this chapter to a person under eighteen (18) years of age who is at least three (3) years younger than the person upon conviction is guilty of a Class B felony. (b) Otherwise, a person eighteen (18) years of age or older who violates § 5-64-443 by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years younger than the person upon conviction is guilty of a Class A misdemeanor. Acts 2011, No. 570, § 64.

(a) A person eighteen (18) years of age or older who violates § 5-64-443 by delivering drug paraphernalia in the course of and in furtherance of a felony violation of this chapter to a person under eighteen (18) years of age who is at least three (3) years younger than the person upon conviction is guilty of a Class B felony.

(b) Otherwise, a person eighteen (18) years of age or older who violates § 5-64-443 by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years younger than the person upon conviction is guilty of a Class A misdemeanor.

Acts 2011, No. 570, § 64.
Ark. Code Ann. § 5-64-1303 — AR Code / Title 5 / Chapter 64 / Subchapter 13 / Section 5-64-1303
Applicability of subchapter
Status: in_force

The provisions of this subchapter do not apply to a trained chemist working in a properly equipped research laboratory in an education, government, or corporate setting. Acts 1999, No. 909, § 3.

The provisions of this subchapter do not apply to a trained chemist working in a properly equipped research laboratory in an education, government, or corporate setting.

Acts 1999, No. 909, § 3.
Ark. Code Ann. § 5-4-304 — AR Code / Title 5 / Chapter 4 / Subchapter 3 / Section 5-4-304
Confinement as condition of suspension or probation
Status: in_force

(a) If a court suspends the imposition of sentence on a defendant or places him or her on probation, the court may require as an additional condition of its order that the defendant serve a period of confinement in the county jail, city jail, or other authorized local detention, correctional, or rehabilitative facility at any time or consecutive or nonconsecutive intervals within the period of suspension or probation as the court shall direct. (b) An order that the defendant serve a period of confinement as a condition of suspension or probation is not deemed a sentence to a term of imprisonment, and a court does not need to enter a judgment of conviction before imposing a period of confinement as a condition of suspension or probation. (c) (1) (A) The period actually spent in confinement pursuant to this section in a county jail, city jail, or other authorized local detention, correctional, or rehabilitative facility shall not exceed: (i) One hundred twenty (120) days in the case of a felony; or (ii) Thirty (30) days in the case of a misdemeanor. (B) In the case of confinement to a facility in the Division of Community Correction, the period actually spent in confinement under this section shall not exceed three hundred sixty-five (365) days. (2) For purposes of this subsection, any part of a twenty-four-hour period spent in confinement constitutes a day of confinement. Amended by Act 2019, No. 910,§ 652, eff. 7/1/2019. Acts 1975, No. 280, § 1204; A.S.A. 1947, § 41-1204; Acts 1993, No. 532, § 6; 1993, No. 550, § 6; 1999, No. 1569, § 3; 2003, No. 1742, § 1; 2005, No. 1443, § 1; 2011, No. 570, § 8.

(a) If a court suspends the imposition of sentence on a defendant or places him or her on probation, the court may require as an additional condition of its order that the defendant serve a period of confinement in the county jail, city jail, or other authorized local detention, correctional, or rehabilitative facility at any time or consecutive or nonconsecutive intervals within the period of suspension or probation as the court shall direct.

(b) An order that the defendant serve a period of confinement as a condition of suspension or probation is not deemed a sentence to a term of imprisonment, and a court does not need to enter a judgment of conviction before imposing a period of confinement as a condition of suspension or probation.

(c) (1) (A) The period actually spent in confinement pursuant to this section in a county jail, city jail, or other authorized local detention, correctional, or rehabilitative facility shall not exceed: (i) One hundred twenty (120) days in the case of a felony; or (ii) Thirty (30) days in the case of a misdemeanor. (B) In the case of confinement to a facility in the Division of Community Correction, the period actually spent in confinement under this section shall not exceed three hundred sixty-five (365) days. (2) For purposes of this subsection, any part of a twenty-four-hour period spent in confinement constitutes a day of confinement.

(1) (A) The period actually spent in confinement pursuant to this section in a county jail, city jail, or other authorized local detention, correctional, or rehabilitative facility shall not exceed: (i) One hundred twenty (120) days in the case of a felony; or (ii) Thirty (30) days in the case of a misdemeanor. (B) In the case of confinement to a facility in the Division of Community Correction, the period actually spent in confinement under this section shall not exceed three hundred sixty-five (365) days.

(A) The period actually spent in confinement pursuant to this section in a county jail, city jail, or other authorized local detention, correctional, or rehabilitative facility shall not exceed: (i) One hundred twenty (120) days in the case of a felony; or (ii) Thirty (30) days in the case of a misdemeanor.

(i) One hundred twenty (120) days in the case of a felony; or

(ii) Thirty (30) days in the case of a misdemeanor.

(B) In the case of confinement to a facility in the Division of Community Correction, the period actually spent in confinement under this section shall not exceed three hundred sixty-five (365) days.

(2) For purposes of this subsection, any part of a twenty-four-hour period spent in confinement constitutes a day of confinement.

Amended by Act 2019, No. 910,§ 652, eff. 7/1/2019.

Acts 1975, No. 280, § 1204; A.S.A. 1947, § 41-1204; Acts 1993, No. 532, § 6; 1993, No. 550, § 6; 1999, No. 1569, § 3; 2003, No. 1742, § 1; 2005, No. 1443, § 1; 2011, No. 570, § 8.
Ark. Code Ann. § 5-73-102 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-102
Possessing instrument of crime
Status: in_force

(a) A person commits the offense of possessing an instrument of crime if he or she possesses any instrument of crime with a purpose to employ it criminally. (b) Possessing an instrument of crime is a Class A misdemeanor. Acts 1975, No. 280, § 3102; A.S.A. 1947, § 41-3102.

(a) A person commits the offense of possessing an instrument of crime if he or she possesses any instrument of crime with a purpose to employ it criminally.

(b) Possessing an instrument of crime is a Class A misdemeanor.

Acts 1975, No. 280, § 3102; A.S.A. 1947, § 41-3102.
Ark. Code Ann. § 5-14-125 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-125
Sexual assault in the second degree
Status: in_force

(a) A person commits sexual assault in the second degree if the person: (1) Engages in sexual contact with another person by forcible compulsion; (2) Engages in sexual contact with another person who is incapable of consent because he or she is: (A) Physically helpless; (B) Mentally defective; or (C) Mentally incapacitated; (3) Being eighteen (18) years of age or older, engages in sexual contact with another person who is less than fourteen (14) years of age; (4) (A) Engages in sexual contact with a minor and the actor is: (i) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; (ii) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason; (iii) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (iv) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor. (B) For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution; (5) (A) Being a minor, engages in sexual contact with another person who is: (i) Less than fourteen (14) years of age; and (ii) Not the person's spouse. (B) It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not more than: (i) Three (3) years older than the victim if the victim is less than twelve (12) years of age; or (ii) Four (4) years older than the victim if the victim is twelve (12) years of age or older; or (6) Is a teacher, principal, athletic coach, or counselor in a public or private school in a grade kindergarten through twelve (K-12), in a position of trust or authority, and uses his or her position of trust or authority over the victim to engage in sexual contact with a victim who is: (A) A student enrolled in the public or private school; and (B) Less than twenty-one (21) years of age. (b) (1) Sexual assault in the second degree is a Class B felony. (2) Sexual assault in the second degree is a Class D felony if committed by a minor with another person who is: (A) Less than fourteen (14) years of age; and (B) Not the person's spouse. Amended by Act 2023, No. 659,§ 34, eff. 1/1/2024. Amended by Act 2021, No. 615,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 671, eff. 7/1/2019. Amended by Act 2017, No. 418,§ 3, eff. 8/1/2017. Amended by Act 2013, No. 1086,§ 2, eff. 8/16/2013. Acts 2001, No. 1738, § 3; 2003, No. 1323, § 1; 2003, No. 1720, § 2; 2009, No. 748, §§ 11-13; 2009, No. 758, § 3; 2011, No. 1129, § 1.

(a) A person commits sexual assault in the second degree if the person: (1) Engages in sexual contact with another person by forcible compulsion; (2) Engages in sexual contact with another person who is incapable of consent because he or she is: (A) Physically helpless; (B) Mentally defective; or (C) Mentally incapacitated; (3) Being eighteen (18) years of age or older, engages in sexual contact with another person who is less than fourteen (14) years of age; (4) (A) Engages in sexual contact with a minor and the actor is: (i) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; (ii) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason; (iii) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (iv) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor. (B) For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution; (5) (A) Being a minor, engages in sexual contact with another person who is: (i) Less than fourteen (14) years of age; and (ii) Not the person's spouse. (B) It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not more than: (i) Three (3) years older than the victim if the victim is less than twelve (12) years of age; or (ii) Four (4) years older than the victim if the victim is twelve (12) years of age or older; or (6) Is a teacher, principal, athletic coach, or counselor in a public or private school in a grade kindergarten through twelve (K-12), in a position of trust or authority, and uses his or her position of trust or authority over the victim to engage in sexual contact with a victim who is: (A) A student enrolled in the public or private school; and (B) Less than twenty-one (21) years of age.

(1) Engages in sexual contact with another person by forcible compulsion;

(2) Engages in sexual contact with another person who is incapable of consent because he or she is: (A) Physically helpless; (B) Mentally defective; or (C) Mentally incapacitated;

(A) Physically helpless;

(B) Mentally defective; or

(C) Mentally incapacitated;

(3) Being eighteen (18) years of age or older, engages in sexual contact with another person who is less than fourteen (14) years of age;

(4) (A) Engages in sexual contact with a minor and the actor is: (i) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; (ii) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason; (iii) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (iv) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor. (B) For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution;

(A) Engages in sexual contact with a minor and the actor is: (i) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; (ii) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason; (iii) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (iv) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor.

(i) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;

(ii) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason;

(iii) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or

(iv) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor.

(B) For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution;

(5) (A) Being a minor, engages in sexual contact with another person who is: (i) Less than fourteen (14) years of age; and (ii) Not the person's spouse. (B) It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not more than: (i) Three (3) years older than the victim if the victim is less than twelve (12) years of age; or (ii) Four (4) years older than the victim if the victim is twelve (12) years of age or older; or

(A) Being a minor, engages in sexual contact with another person who is: (i) Less than fourteen (14) years of age; and (ii) Not the person's spouse.

(i) Less than fourteen (14) years of age; and

(ii) Not the person's spouse.

(B) It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not more than: (i) Three (3) years older than the victim if the victim is less than twelve (12) years of age; or (ii) Four (4) years older than the victim if the victim is twelve (12) years of age or older; or

(i) Three (3) years older than the victim if the victim is less than twelve (12) years of age; or

(ii) Four (4) years older than the victim if the victim is twelve (12) years of age or older; or

(6) Is a teacher, principal, athletic coach, or counselor in a public or private school in a grade kindergarten through twelve (K-12), in a position of trust or authority, and uses his or her position of trust or authority over the victim to engage in sexual contact with a victim who is: (A) A student enrolled in the public or private school; and (B) Less than twenty-one (21) years of age.

(A) A student enrolled in the public or private school; and

(B) Less than twenty-one (21) years of age.

(b) (1) Sexual assault in the second degree is a Class B felony. (2) Sexual assault in the second degree is a Class D felony if committed by a minor with another person who is: (A) Less than fourteen (14) years of age; and (B) Not the person's spouse.

(1) Sexual assault in the second degree is a Class B felony.

(2) Sexual assault in the second degree is a Class D felony if committed by a minor with another person who is: (A) Less than fourteen (14) years of age; and (B) Not the person's spouse.

(A) Less than fourteen (14) years of age; and

(B) Not the person's spouse.

Amended by Act 2023, No. 659,§ 34, eff. 1/1/2024.

Amended by Act 2021, No. 615,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 671, eff. 7/1/2019.

Amended by Act 2017, No. 418,§ 3, eff. 8/1/2017.

Amended by Act 2013, No. 1086,§ 2, eff. 8/16/2013.

Acts 2001, No. 1738, § 3; 2003, No. 1323, § 1; 2003, No. 1720, § 2; 2009, No. 748, §§ 11-13; 2009, No. 758, § 3; 2011, No. 1129, § 1.
Ark. Code Ann. § 5-74-103 — AR Code / Title 5 / Chapter 74 / Subchapter 1 / Section 5-74-103
Definitions
Status: in_force

As used in this subchapter: (1) "Crime of pecuniary gain" means any violation of Arkansas law that results, or was intended to result, in the defendant receiving income, benefit, property, money, or anything of value; (2) "Crime of violence" means any violation of Arkansas law if a person purposely or knowingly causes, or threatens to cause, death or physical injury to another person, specifically including rape; (3) "Criminal gang, organization, or enterprise" means any group of three (3) or more individuals who commit a continuing series of two (2) or more predicate criminal offenses that are undertaken in concert with each other; and (4) "Predicate criminal offense" means any violation of Arkansas law that is a crime of violence or a crime of pecuniary gain. Acts 1993, No. 1002, § 1.

As used in this subchapter:

(1) "Crime of pecuniary gain" means any violation of Arkansas law that results, or was intended to result, in the defendant receiving income, benefit, property, money, or anything of value;

(2) "Crime of violence" means any violation of Arkansas law if a person purposely or knowingly causes, or threatens to cause, death or physical injury to another person, specifically including rape;

(3) "Criminal gang, organization, or enterprise" means any group of three (3) or more individuals who commit a continuing series of two (2) or more predicate criminal offenses that are undertaken in concert with each other; and

(4) "Predicate criminal offense" means any violation of Arkansas law that is a crime of violence or a crime of pecuniary gain.

Acts 1993, No. 1002, § 1.
Ark. Code Ann. § 5-68-301 — AR Code / Title 5 / Chapter 68 / Subchapter 3 / Section 5-68-301
Legislative declaration
Status: in_force

(a) The General Assembly finds and declares that: (1) The definition and regulation of obscenity are matters of statewide concern; (2) In defining and regulating obscenity, a statewide standard is workable; and (3) There is a need for clarification of the applicable law relating to the definition and regulation of obscenity. (b) (1) To this end, it is the intent of this subchapter to impose a statewide standard for the definition and regulation of obscenity that is applicable throughout the state and all political subdivisions. (2) No political subdivision shall enact any ordinance, rule, or regulation in conflict with a provision of this subchapter. Acts 1981 (Ex. Sess.), No. 28, § 1; A.S.A. 1947, § 41-3585.

(a) The General Assembly finds and declares that: (1) The definition and regulation of obscenity are matters of statewide concern; (2) In defining and regulating obscenity, a statewide standard is workable; and (3) There is a need for clarification of the applicable law relating to the definition and regulation of obscenity.

(1) The definition and regulation of obscenity are matters of statewide concern;

(2) In defining and regulating obscenity, a statewide standard is workable; and

(3) There is a need for clarification of the applicable law relating to the definition and regulation of obscenity.

(b) (1) To this end, it is the intent of this subchapter to impose a statewide standard for the definition and regulation of obscenity that is applicable throughout the state and all political subdivisions. (2) No political subdivision shall enact any ordinance, rule, or regulation in conflict with a provision of this subchapter.

(1) To this end, it is the intent of this subchapter to impose a statewide standard for the definition and regulation of obscenity that is applicable throughout the state and all political subdivisions.

(2) No political subdivision shall enact any ordinance, rule, or regulation in conflict with a provision of this subchapter.

Acts 1981 (Ex. Sess.), No. 28, § 1; A.S.A. 1947, § 41-3585.
Ark. Code Ann. § 5-64-402 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-402
Controlled substances - Offenses relating to records, maintaining premises, etc
Status: in_force

(a) It is unlawful for any person: (1) To refuse an entry into any premises for any inspection authorized by this chapter; or (2) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, or other structure or place or premise that is resorted to by a person for the purpose of using or obtaining a controlled substance in violation of this chapter or that is used for keeping a controlled substance in violation of this chapter. (b) (1) Any person who violates this section is guilty of a Class C felony. (2) However, a violation of this section is a Class B felony if the violation is committed on or within one thousand feet (1,000') of the real property of a certified drug-free zone. (c) As used in this section: (1) "Certified drug-free zone" means: (A) A city or state park; (B) A public or private elementary or secondary school, public vocational school, or public or private college or university; (C) A designated school bus stop as identified on the route list published by a public school district annually; (D) A publically funded and administered multifamily housing development; (E) A skating rink, Boys and Girls Club, YMCA, YWCA, community center, recreation center, or video arcade; (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 ; and (2) "Recreation center" means a public place consisting of various types of entertainment including without limitation: (A) Billiards or pool; (B) Ping pong or table tennis; (C) Bowling; (D) Video games; (E) Pinball machines; or (F) Any other similar type of entertainment. Acts 1971, No. 590, Art. 4, § 2; 1975 (Extended Sess., 1976), No. 1225, § 1; 1977, No. 557, § 2; A.S.A. 1947, § 82-2618; reen. Acts 1987, No. 1013, § 1; 1993, No. 1189, § 6; 2005, No. 1994, § 305[A]; 2007, No. 827, § 59; 2011, No. 570, § 34.

(a) It is unlawful for any person: (1) To refuse an entry into any premises for any inspection authorized by this chapter; or (2) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, or other structure or place or premise that is resorted to by a person for the purpose of using or obtaining a controlled substance in violation of this chapter or that is used for keeping a controlled substance in violation of this chapter.

(1) To refuse an entry into any premises for any inspection authorized by this chapter; or

(2) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, or other structure or place or premise that is resorted to by a person for the purpose of using or obtaining a controlled substance in violation of this chapter or that is used for keeping a controlled substance in violation of this chapter.

(b) (1) Any person who violates this section is guilty of a Class C felony. (2) However, a violation of this section is a Class B felony if the violation is committed on or within one thousand feet (1,000') of the real property of a certified drug-free zone.

(1) Any person who violates this section is guilty of a Class C felony.

(2) However, a violation of this section is a Class B felony if the violation is committed on or within one thousand feet (1,000') of the real property of a certified drug-free zone.

(c) As used in this section: (1) "Certified drug-free zone" means: (A) A city or state park; (B) A public or private elementary or secondary school, public vocational school, or public or private college or university; (C) A designated school bus stop as identified on the route list published by a public school district annually; (D) A publically funded and administered multifamily housing development; (E) A skating rink, Boys and Girls Club, YMCA, YWCA, community center, recreation center, or video arcade; (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 ; and (2) "Recreation center" means a public place consisting of various types of entertainment including without limitation: (A) Billiards or pool; (B) Ping pong or table tennis; (C) Bowling; (D) Video games; (E) Pinball machines; or (F) Any other similar type of entertainment.

(1) "Certified drug-free zone" means: (A) A city or state park; (B) A public or private elementary or secondary school, public vocational school, or public or private college or university; (C) A designated school bus stop as identified on the route list published by a public school district annually; (D) A publically funded and administered multifamily housing development; (E) A skating rink, Boys and Girls Club, YMCA, YWCA, community center, recreation center, or video arcade; (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 ; and

(A) A city or state park;

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

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

(D) A publically funded and administered multifamily housing development;

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

(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 ; and

(2) "Recreation center" means a public place consisting of various types of entertainment including without limitation: (A) Billiards or pool; (B) Ping pong or table tennis; (C) Bowling; (D) Video games; (E) Pinball machines; or (F) Any other similar type of entertainment.

(A) Billiards or pool;

(B) Ping pong or table tennis;

(C) Bowling;

(D) Video games;

(E) Pinball machines; or

(F) Any other similar type of entertainment.

Acts 1971, No. 590, Art. 4, § 2; 1975 (Extended Sess., 1976), No. 1225, § 1; 1977, No. 557, § 2; A.S.A. 1947, § 82-2618; reen. Acts 1987, No. 1013, § 1; 1993, No. 1189, § 6; 2005, No. 1994, § 305[A]; 2007, No. 827, § 59; 2011, No. 570, § 34.
Ark. Code Ann. § 5-73-122 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-122
Carrying a firearm in publicly owned buildings or facilities
Status: in_force

(a) (1) Except as provided in § 5-73-322 , § 5-73-306(5) , § 16-21-147 , and this section, it is unlawful for a person other than a law enforcement officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state or any city or county, a member of a municipal fire department bomb squad who is authorized to carry a concealed handgun under § 12-15-204 , or any state or federal military personnel, to knowingly carry or possess a loaded firearm or other deadly weapon in any publicly owned building or facility or on the State Capitol grounds. (2) It is unlawful for any person other than a law enforcement officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state or any city or county, a member of a municipal fire department bomb squad who is authorized to carry a concealed handgun under § 12-15-204 , or any state or federal military personnel, to knowingly carry or possess a firearm, whether loaded or unloaded, in the State Capitol Building or the Arkansas Justice Building in Little Rock. (3) However, this subsection does not apply to a person carrying or possessing a firearm or other deadly weapon in a publicly owned building or facility or on the State Capitol grounds: (A) For the purpose of participating in a shooting match or target practice under the auspices of the agency responsible for the publicly owned building or facility or State Capitol grounds; (B) If necessary to participate in a trade show, exhibit, or educational course conducted in the publicly owned building or facility or on the State Capitol grounds; (C) (i) If the person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle in a publicly owned and maintained parking lot. (ii) (a) As used in this subdivision (a)(3)(C), "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles or a designated drop-off zone for children at school. (b) "Parking lot" does not include a parking lot owned, maintained, or otherwise controlled by: (1) The Division of Correction; (2) The Division of Community Correction; or (3) A residential treatment facility owned or operated by the Division of Youth Services; (D) If the person has completed the required training and received a concealed carry endorsement under § 5-73-322(g) and the place is not: (i) A courtroom or the location of an administrative hearing conducted by a state agency, except as permitted by § 5-73-306(5) or § 5-73-306(6) ; (ii) A public school kindergarten through grade twelve (K-12), a public prekindergarten, or a public daycare facility, except as permitted under subdivision (a)(3)(C) of this section; (iii) A facility operated by the Division of Correction or the Division of Community Correction; or (iv) A posted firearm-sensitive area, as approved by the Division of Arkansas State Police under § 5-73-325 , located at: (a) The Arkansas State Hospital; (b) The University of Arkansas for Medical Sciences; or (c) A collegiate athletic event; (E) If the person has a license to carry a concealed handgun under § 5-73-301 et seq., is a justice of the Supreme Court or a judge on the Court of Appeals, and is carrying a concealed handgun in the Arkansas Justice Building; or (F) If the person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun in a municipally owned or maintained park, or another similar municipally owned or maintained recreational property, except for those portions of a municipally owned or maintained park or recreational property that contain a: (i) Football field, baseball field, soccer field, or other sports field where an athletic event or practice is occurring at the time; (ii) Municipally owned or maintained building; or (iii) Leased area to be used for a special event. (4) As used in this section, "facility" does not mean a municipally owned or maintained park, football field, baseball field, soccer field, or another similar municipally owned or maintained recreational structure or property. (b) However, a law enforcement officer, either on-duty or off-duty, officer of the court, bailiff, or other person authorized by the court is permitted to possess a handgun in the courtroom of any court or a courthouse of this state. (c) A person violating this section upon conviction is guilty of a Class C misdemeanor. (d) An off-duty law enforcement officer carrying a firearm in a publicly owned building or facility may be required to be in physical possession of a valid identification identifying the person as a law enforcement officer. (e) An off-duty law enforcement officer may not carry a firearm into a courtroom if the off-duty law enforcement officer is a party to or a witness in a civil or criminal matter unless the law provides otherwise. Amended by Act 2023, No. 166,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 693,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 638,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 431,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 681, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 680, eff. 7/1/2019. Amended by Act 2019, No. 472,§ 5, eff. 3/15/2019. Amended by Act 2019, No. 472,§ 4, eff. 3/15/2019. Amended by Act 2019, No. 472,§ 3, eff. 3/15/2019. Amended by Act 2017, No. 859,§ 2, eff. 9/1/2017. Amended by Act 2017, No. 562,§ 1, eff. 9/1/2017. Amended by Act 2017, No. 1087,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1259,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 1078,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 226,§ 2, eff. 8/16/2013. Acts 1977, No. 549, §§ 1, 2; A.S.A. 1947, §§ 41-3113, 41-3114; Acts 1991, No. 1044, § 1; 1995, No. 1223, § 1; 1997, No. 910, § 1.

(a) (1) Except as provided in § 5-73-322 , § 5-73-306(5) , § 16-21-147 , and this section, it is unlawful for a person other than a law enforcement officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state or any city or county, a member of a municipal fire department bomb squad who is authorized to carry a concealed handgun under § 12-15-204 , or any state or federal military personnel, to knowingly carry or possess a loaded firearm or other deadly weapon in any publicly owned building or facility or on the State Capitol grounds. (2) It is unlawful for any person other than a law enforcement officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state or any city or county, a member of a municipal fire department bomb squad who is authorized to carry a concealed handgun under § 12-15-204 , or any state or federal military personnel, to knowingly carry or possess a firearm, whether loaded or unloaded, in the State Capitol Building or the Arkansas Justice Building in Little Rock. (3) However, this subsection does not apply to a person carrying or possessing a firearm or other deadly weapon in a publicly owned building or facility or on the State Capitol grounds: (A) For the purpose of participating in a shooting match or target practice under the auspices of the agency responsible for the publicly owned building or facility or State Capitol grounds; (B) If necessary to participate in a trade show, exhibit, or educational course conducted in the publicly owned building or facility or on the State Capitol grounds; (C) (i) If the person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle in a publicly owned and maintained parking lot. (ii) (a) As used in this subdivision (a)(3)(C), "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles or a designated drop-off zone for children at school. (b) "Parking lot" does not include a parking lot owned, maintained, or otherwise controlled by: (1) The Division of Correction; (2) The Division of Community Correction; or (3) A residential treatment facility owned or operated by the Division of Youth Services; (D) If the person has completed the required training and received a concealed carry endorsement under § 5-73-322(g) and the place is not: (i) A courtroom or the location of an administrative hearing conducted by a state agency, except as permitted by § 5-73-306(5) or § 5-73-306(6) ; (ii) A public school kindergarten through grade twelve (K-12), a public prekindergarten, or a public daycare facility, except as permitted under subdivision (a)(3)(C) of this section; (iii) A facility operated by the Division of Correction or the Division of Community Correction; or (iv) A posted firearm-sensitive area, as approved by the Division of Arkansas State Police under § 5-73-325 , located at: (a) The Arkansas State Hospital; (b) The University of Arkansas for Medical Sciences; or (c) A collegiate athletic event; (E) If the person has a license to carry a concealed handgun under § 5-73-301 et seq., is a justice of the Supreme Court or a judge on the Court of Appeals, and is carrying a concealed handgun in the Arkansas Justice Building; or (F) If the person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun in a municipally owned or maintained park, or another similar municipally owned or maintained recreational property, except for those portions of a municipally owned or maintained park or recreational property that contain a: (i) Football field, baseball field, soccer field, or other sports field where an athletic event or practice is occurring at the time; (ii) Municipally owned or maintained building; or (iii) Leased area to be used for a special event. (4) As used in this section, "facility" does not mean a municipally owned or maintained park, football field, baseball field, soccer field, or another similar municipally owned or maintained recreational structure or property.

(1) Except as provided in § 5-73-322 , § 5-73-306(5) , § 16-21-147 , and this section, it is unlawful for a person other than a law enforcement officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state or any city or county, a member of a municipal fire department bomb squad who is authorized to carry a concealed handgun under § 12-15-204 , or any state or federal military personnel, to knowingly carry or possess a loaded firearm or other deadly weapon in any publicly owned building or facility or on the State Capitol grounds.

(2) It is unlawful for any person other than a law enforcement officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state or any city or county, a member of a municipal fire department bomb squad who is authorized to carry a concealed handgun under § 12-15-204 , or any state or federal military personnel, to knowingly carry or possess a firearm, whether loaded or unloaded, in the State Capitol Building or the Arkansas Justice Building in Little Rock.

(3) However, this subsection does not apply to a person carrying or possessing a firearm or other deadly weapon in a publicly owned building or facility or on the State Capitol grounds: (A) For the purpose of participating in a shooting match or target practice under the auspices of the agency responsible for the publicly owned building or facility or State Capitol grounds; (B) If necessary to participate in a trade show, exhibit, or educational course conducted in the publicly owned building or facility or on the State Capitol grounds; (C) (i) If the person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle in a publicly owned and maintained parking lot. (ii) (a) As used in this subdivision (a)(3)(C), "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles or a designated drop-off zone for children at school. (b) "Parking lot" does not include a parking lot owned, maintained, or otherwise controlled by: (1) The Division of Correction; (2) The Division of Community Correction; or (3) A residential treatment facility owned or operated by the Division of Youth Services; (D) If the person has completed the required training and received a concealed carry endorsement under § 5-73-322(g) and the place is not: (i) A courtroom or the location of an administrative hearing conducted by a state agency, except as permitted by § 5-73-306(5) or § 5-73-306(6) ; (ii) A public school kindergarten through grade twelve (K-12), a public prekindergarten, or a public daycare facility, except as permitted under subdivision (a)(3)(C) of this section; (iii) A facility operated by the Division of Correction or the Division of Community Correction; or (iv) A posted firearm-sensitive area, as approved by the Division of Arkansas State Police under § 5-73-325 , located at: (a) The Arkansas State Hospital; (b) The University of Arkansas for Medical Sciences; or (c) A collegiate athletic event; (E) If the person has a license to carry a concealed handgun under § 5-73-301 et seq., is a justice of the Supreme Court or a judge on the Court of Appeals, and is carrying a concealed handgun in the Arkansas Justice Building; or (F) If the person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun in a municipally owned or maintained park, or another similar municipally owned or maintained recreational property, except for those portions of a municipally owned or maintained park or recreational property that contain a: (i) Football field, baseball field, soccer field, or other sports field where an athletic event or practice is occurring at the time; (ii) Municipally owned or maintained building; or (iii) Leased area to be used for a special event.

(A) For the purpose of participating in a shooting match or target practice under the auspices of the agency responsible for the publicly owned building or facility or State Capitol grounds;

(B) If necessary to participate in a trade show, exhibit, or educational course conducted in the publicly owned building or facility or on the State Capitol grounds;

(C) (i) If the person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle in a publicly owned and maintained parking lot. (ii) (a) As used in this subdivision (a)(3)(C), "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles or a designated drop-off zone for children at school. (b) "Parking lot" does not include a parking lot owned, maintained, or otherwise controlled by: (1) The Division of Correction; (2) The Division of Community Correction; or (3) A residential treatment facility owned or operated by the Division of Youth Services;

(i) If the person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle in a publicly owned and maintained parking lot.

(ii) (a) As used in this subdivision (a)(3)(C), "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles or a designated drop-off zone for children at school. (b) "Parking lot" does not include a parking lot owned, maintained, or otherwise controlled by: (1) The Division of Correction; (2) The Division of Community Correction; or (3) A residential treatment facility owned or operated by the Division of Youth Services;

(a) As used in this subdivision (a)(3)(C), "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles or a designated drop-off zone for children at school.

(b) "Parking lot" does not include a parking lot owned, maintained, or otherwise controlled by: (1) The Division of Correction; (2) The Division of Community Correction; or (3) A residential treatment facility owned or operated by the Division of Youth Services;

(1) The Division of Correction;

(2) The Division of Community Correction; or

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

(D) If the person has completed the required training and received a concealed carry endorsement under § 5-73-322(g) and the place is not: (i) A courtroom or the location of an administrative hearing conducted by a state agency, except as permitted by § 5-73-306(5) or § 5-73-306(6) ; (ii) A public school kindergarten through grade twelve (K-12), a public prekindergarten, or a public daycare facility, except as permitted under subdivision (a)(3)(C) of this section; (iii) A facility operated by the Division of Correction or the Division of Community Correction; or (iv) A posted firearm-sensitive area, as approved by the Division of Arkansas State Police under § 5-73-325 , located at: (a) The Arkansas State Hospital; (b) The University of Arkansas for Medical Sciences; or (c) A collegiate athletic event;

(i) A courtroom or the location of an administrative hearing conducted by a state agency, except as permitted by § 5-73-306(5) or § 5-73-306(6) ;

(ii) A public school kindergarten through grade twelve (K-12), a public prekindergarten, or a public daycare facility, except as permitted under subdivision (a)(3)(C) of this section;

(iii) A facility operated by the Division of Correction or the Division of Community Correction; or

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

(a) The Arkansas State Hospital;

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

(c) A collegiate athletic event;

(E) If the person has a license to carry a concealed handgun under § 5-73-301 et seq., is a justice of the Supreme Court or a judge on the Court of Appeals, and is carrying a concealed handgun in the Arkansas Justice Building; or

(F) If the person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun in a municipally owned or maintained park, or another similar municipally owned or maintained recreational property, except for those portions of a municipally owned or maintained park or recreational property that contain a: (i) Football field, baseball field, soccer field, or other sports field where an athletic event or practice is occurring at the time; (ii) Municipally owned or maintained building; or (iii) Leased area to be used for a special event.

(i) Football field, baseball field, soccer field, or other sports field where an athletic event or practice is occurring at the time;

(ii) Municipally owned or maintained building; or

(iii) Leased area to be used for a special event.

(4) As used in this section, "facility" does not mean a municipally owned or maintained park, football field, baseball field, soccer field, or another similar municipally owned or maintained recreational structure or property.

(b) However, a law enforcement officer, either on-duty or off-duty, officer of the court, bailiff, or other person authorized by the court is permitted to possess a handgun in the courtroom of any court or a courthouse of this state.

(c) A person violating this section upon conviction is guilty of a Class C misdemeanor.

(d) An off-duty law enforcement officer carrying a firearm in a publicly owned building or facility may be required to be in physical possession of a valid identification identifying the person as a law enforcement officer.

(e) An off-duty law enforcement officer may not carry a firearm into a courtroom if the off-duty law enforcement officer is a party to or a witness in a civil or criminal matter unless the law provides otherwise.

Amended by Act 2023, No. 166,§ 3, eff. 8/1/2023.

Amended by Act 2021, No. 693,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 638,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 431,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 681, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 680, eff. 7/1/2019.

Amended by Act 2019, No. 472,§ 5, eff. 3/15/2019.

Amended by Act 2019, No. 472,§ 4, eff. 3/15/2019.

Amended by Act 2019, No. 472,§ 3, eff. 3/15/2019.

Amended by Act 2017, No. 859,§ 2, eff. 9/1/2017.

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

Amended by Act 2017, No. 1087,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1259,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 1078,§ 2, eff. 7/22/2015.

Amended by Act 2013, No. 226,§ 2, eff. 8/16/2013.

Acts 1977, No. 549, §§ 1, 2; A.S.A. 1947, §§ 41-3113, 41-3114; Acts 1991, No. 1044, § 1; 1995, No. 1223, § 1; 1997, No. 910, § 1.
Ark. Code Ann. § 5-69-103 — AR Code / Title 5 / Chapter 69 / Section 5-69-103
Pipelines and pipeline facilities
Status: in_force

(a) A person upon conviction is guilty of a Class D felony if the person knowingly violates: (1) Section 14-271-110(a) ; (2) An order, safety standard, or rule of the Arkansas Public Service Commission pursuant to § 23-15-205 ; (3) Section 23-15-206(b) ; (4) Section 23-15-206(c) ; (5) Section 23-15-208(a) ; or (6) Section 23-15-209(a) . (b) A person upon conviction is guilty of a Class D felony if the person knowingly violates § 14-271-112(a) and: (1) With respect to the violation, damages or destroys an interstate or intrastate natural gas pipeline facility that results in serious physical injury or actual damage to property of more than fifty thousand dollars ($50,000); (2) With respect to the violation, damages or destroys an interstate or intrastate natural gas pipeline facility, knows or has reason to know of the damage or destruction, and does not report the damage or destruction promptly to the operator of the interstate or intrastate natural gas pipeline facility or to local law enforcement authorities; or (3) With respect to the violation, damages an intrastate hazardous liquid pipeline facility that results in the release of more than fifty (50) barrels of hazardous liquid. (c) (1) A person who knowingly engages in the unauthorized disposal of solid waste within the right-of-way of an interstate or intrastate pipeline facility or an interstate or intrastate hazardous liquid pipeline facility upon conviction is guilty of a Class D felony. (2) (A) As used in this subsection, "solid waste" means garbage, refuse, or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility or other discarded material, including without limitation solid, liquid, semisolid, or contained gaseous material resulting from industrial operations, commercial operations, mining operations, agricultural operations, or other community activities. (B) "Solid waste" does not include solid or dissolved material in domestic sewage or solids discovered in materials in irrigation return flows or industrial discharges that are point sources subject to permits under 33 U.S.C. § 1342 , as it existed on January 1, 2013, or source, special nuclear, or byproduct material as defined by 42 U.S.C. § 2011 et seq., as it existed on January 1, 2013. (d) A person who knowingly damages or destroys an interstate or intrastate pipeline facility or an interstate or intrastate hazardous liquid pipeline facility upon conviction is guilty of a: (1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or less; (2) Class D felony if the amount of actual damage is more than one thousand dollars ($1,000) but less than five thousand dollars ($5,000); (3) Class C felony if the amount of actual damage is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000); or (4) Class B felony if the amount of actual damage is more than twenty-five thousand dollars ($25,000). (e) A person who knowingly tampers with, damages, or destroys a pipeline sign or right-of-way marker required by law or rule of the state upon conviction is guilty of a: (1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or less; (2) Class D felony if the amount of actual damage is more than one thousand dollars ($1,000) but less than five thousand dollars ($5,000); (3) Class C felony if the amount of actual damage is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000); or (4) Class B felony if the amount of actual damage is more than twenty-five thousand dollars ($25,000). Amended by Act 2019, No. 315,§ 170, eff. 7/24/2019. Added by Act 2013, No. 1343,§ 4, eff. 8/16/2013. Added by Act 2013, No. 1344,§ 5, eff. 8/16/2013.

(a) A person upon conviction is guilty of a Class D felony if the person knowingly violates: (1) Section 14-271-110(a) ; (2) An order, safety standard, or rule of the Arkansas Public Service Commission pursuant to § 23-15-205 ; (3) Section 23-15-206(b) ; (4) Section 23-15-206(c) ; (5) Section 23-15-208(a) ; or (6) Section 23-15-209(a) .

(1) Section 14-271-110(a) ;

(2) An order, safety standard, or rule of the Arkansas Public Service Commission pursuant to § 23-15-205 ;

(3) Section 23-15-206(b) ;

(4) Section 23-15-206(c) ;

(5) Section 23-15-208(a) ; or

(6) Section 23-15-209(a) .

(b) A person upon conviction is guilty of a Class D felony if the person knowingly violates § 14-271-112(a) and: (1) With respect to the violation, damages or destroys an interstate or intrastate natural gas pipeline facility that results in serious physical injury or actual damage to property of more than fifty thousand dollars ($50,000); (2) With respect to the violation, damages or destroys an interstate or intrastate natural gas pipeline facility, knows or has reason to know of the damage or destruction, and does not report the damage or destruction promptly to the operator of the interstate or intrastate natural gas pipeline facility or to local law enforcement authorities; or (3) With respect to the violation, damages an intrastate hazardous liquid pipeline facility that results in the release of more than fifty (50) barrels of hazardous liquid.

(1) With respect to the violation, damages or destroys an interstate or intrastate natural gas pipeline facility that results in serious physical injury or actual damage to property of more than fifty thousand dollars ($50,000);

(2) With respect to the violation, damages or destroys an interstate or intrastate natural gas pipeline facility, knows or has reason to know of the damage or destruction, and does not report the damage or destruction promptly to the operator of the interstate or intrastate natural gas pipeline facility or to local law enforcement authorities; or

(3) With respect to the violation, damages an intrastate hazardous liquid pipeline facility that results in the release of more than fifty (50) barrels of hazardous liquid.

(c) (1) A person who knowingly engages in the unauthorized disposal of solid waste within the right-of-way of an interstate or intrastate pipeline facility or an interstate or intrastate hazardous liquid pipeline facility upon conviction is guilty of a Class D felony. (2) (A) As used in this subsection, "solid waste" means garbage, refuse, or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility or other discarded material, including without limitation solid, liquid, semisolid, or contained gaseous material resulting from industrial operations, commercial operations, mining operations, agricultural operations, or other community activities. (B) "Solid waste" does not include solid or dissolved material in domestic sewage or solids discovered in materials in irrigation return flows or industrial discharges that are point sources subject to permits under 33 U.S.C. § 1342 , as it existed on January 1, 2013, or source, special nuclear, or byproduct material as defined by 42 U.S.C. § 2011 et seq., as it existed on January 1, 2013.

(1) A person who knowingly engages in the unauthorized disposal of solid waste within the right-of-way of an interstate or intrastate pipeline facility or an interstate or intrastate hazardous liquid pipeline facility upon conviction is guilty of a Class D felony.

(2) (A) As used in this subsection, "solid waste" means garbage, refuse, or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility or other discarded material, including without limitation solid, liquid, semisolid, or contained gaseous material resulting from industrial operations, commercial operations, mining operations, agricultural operations, or other community activities. (B) "Solid waste" does not include solid or dissolved material in domestic sewage or solids discovered in materials in irrigation return flows or industrial discharges that are point sources subject to permits under 33 U.S.C. § 1342 , as it existed on January 1, 2013, or source, special nuclear, or byproduct material as defined by 42 U.S.C. § 2011 et seq., as it existed on January 1, 2013.

(A) As used in this subsection, "solid waste" means garbage, refuse, or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility or other discarded material, including without limitation solid, liquid, semisolid, or contained gaseous material resulting from industrial operations, commercial operations, mining operations, agricultural operations, or other community activities.

(B) "Solid waste" does not include solid or dissolved material in domestic sewage or solids discovered in materials in irrigation return flows or industrial discharges that are point sources subject to permits under 33 U.S.C. § 1342 , as it existed on January 1, 2013, or source, special nuclear, or byproduct material as defined by 42 U.S.C. § 2011 et seq., as it existed on January 1, 2013.

(d) A person who knowingly damages or destroys an interstate or intrastate pipeline facility or an interstate or intrastate hazardous liquid pipeline facility upon conviction is guilty of a: (1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or less; (2) Class D felony if the amount of actual damage is more than one thousand dollars ($1,000) but less than five thousand dollars ($5,000); (3) Class C felony if the amount of actual damage is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000); or (4) Class B felony if the amount of actual damage is more than twenty-five thousand dollars ($25,000).

(1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or less;

(2) Class D felony if the amount of actual damage is more than one thousand dollars ($1,000) but less than five thousand dollars ($5,000);

(3) Class C felony if the amount of actual damage is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000); or

(4) Class B felony if the amount of actual damage is more than twenty-five thousand dollars ($25,000).

(e) A person who knowingly tampers with, damages, or destroys a pipeline sign or right-of-way marker required by law or rule of the state upon conviction is guilty of a: (1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or less; (2) Class D felony if the amount of actual damage is more than one thousand dollars ($1,000) but less than five thousand dollars ($5,000); (3) Class C felony if the amount of actual damage is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000); or (4) Class B felony if the amount of actual damage is more than twenty-five thousand dollars ($25,000).

(1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or less;

(2) Class D felony if the amount of actual damage is more than one thousand dollars ($1,000) but less than five thousand dollars ($5,000);

(3) Class C felony if the amount of actual damage is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000); or

(4) Class B felony if the amount of actual damage is more than twenty-five thousand dollars ($25,000).

Amended by Act 2019, No. 315,§ 170, eff. 7/24/2019.

Added by Act 2013, No. 1343,§ 4, eff. 8/16/2013.

Added by Act 2013, No. 1344,§ 5, eff. 8/16/2013.
Ark. Code Ann. § 5-71-217 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-217
Cyberbullying
Status: in_force

(a) As used in this section: (1) "Communication" means the electronic communication of information of a person's choosing between or among points specified by the person without change in the form or content of the information as sent and received; (2) "Electronic means" means any textual, visual, written, or oral communication of any kind made through the use of a computer online service, Internet service, telephone, or any other means of electronic communication, including without limitation to a local bulletin board service, an Internet chat room, electronic mail, a social networking site, or an online messaging service; and (3) "School employee" means a person who is employed full time or part time at a school that serves students in any of the grades kindergarten through grade twelve (K-12), including without limitation a: (A) Public school operated by a school district; (B) Public school operated by a state agency or institution of higher education; (C) Public charter school; or (D) Private school. (b) A person commits the offense of cyberbullying if: (1) He or she transmits, sends, or posts a communication by electronic means with the purpose to frighten, coerce, intimidate, threaten, abuse, or harass another person; and (2) The transmission was in furtherance of severe, repeated, or hostile behavior toward the other person. (c) The offense of cyberbullying may be prosecuted in the county where the defendant was located when he or she transmitted, sent, or posted a communication by electronic means, in the county where the communication by electronic means was received by the person, or in the county where the person targeted by the electronic communications resides. (d) (1) Cyberbullying is a Class B misdemeanor. (2) Cyberbullying is a Class A misdemeanor if the victim is a school employee. Amended by Act 2015, No. 1155,§ 13, eff. 7/22/2015. Amended by Act 2013, No. 1492,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 1431,§ 2, eff. 8/16/2013. Acts 2011, No. 905, § 1.

(a) As used in this section: (1) "Communication" means the electronic communication of information of a person's choosing between or among points specified by the person without change in the form or content of the information as sent and received; (2) "Electronic means" means any textual, visual, written, or oral communication of any kind made through the use of a computer online service, Internet service, telephone, or any other means of electronic communication, including without limitation to a local bulletin board service, an Internet chat room, electronic mail, a social networking site, or an online messaging service; and (3) "School employee" means a person who is employed full time or part time at a school that serves students in any of the grades kindergarten through grade twelve (K-12), including without limitation a: (A) Public school operated by a school district; (B) Public school operated by a state agency or institution of higher education; (C) Public charter school; or (D) Private school.

(1) "Communication" means the electronic communication of information of a person's choosing between or among points specified by the person without change in the form or content of the information as sent and received;

(2) "Electronic means" means any textual, visual, written, or oral communication of any kind made through the use of a computer online service, Internet service, telephone, or any other means of electronic communication, including without limitation to a local bulletin board service, an Internet chat room, electronic mail, a social networking site, or an online messaging service; and

(3) "School employee" means a person who is employed full time or part time at a school that serves students in any of the grades kindergarten through grade twelve (K-12), including without limitation a: (A) Public school operated by a school district; (B) Public school operated by a state agency or institution of higher education; (C) Public charter school; or (D) Private school.

(A) Public school operated by a school district;

(B) Public school operated by a state agency or institution of higher education;

(C) Public charter school; or

(D) Private school.

(b) A person commits the offense of cyberbullying if: (1) He or she transmits, sends, or posts a communication by electronic means with the purpose to frighten, coerce, intimidate, threaten, abuse, or harass another person; and (2) The transmission was in furtherance of severe, repeated, or hostile behavior toward the other person.

(1) He or she transmits, sends, or posts a communication by electronic means with the purpose to frighten, coerce, intimidate, threaten, abuse, or harass another person; and

(2) The transmission was in furtherance of severe, repeated, or hostile behavior toward the other person.

(c) The offense of cyberbullying may be prosecuted in the county where the defendant was located when he or she transmitted, sent, or posted a communication by electronic means, in the county where the communication by electronic means was received by the person, or in the county where the person targeted by the electronic communications resides.

(d) (1) Cyberbullying is a Class B misdemeanor. (2) Cyberbullying is a Class A misdemeanor if the victim is a school employee.

(1) Cyberbullying is a Class B misdemeanor.

(2) Cyberbullying is a Class A misdemeanor if the victim is a school employee.

Amended by Act 2015, No. 1155,§ 13, eff. 7/22/2015.

Amended by Act 2013, No. 1492,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 1431,§ 2, eff. 8/16/2013.

Acts 2011, No. 905, § 1.
Ark. Code Ann. § 5-70-103 — AR Code / Title 5 / Chapter 70 / Section 5-70-103
Sexual solicitation
Status: in_force

(a) A person commits the offense of sexual solicitation if he or she: (1) Offers or agrees to pay a fee to a person to engage in sexual activity with him or her or another person; or (2) Solicits or requests a person to engage in sexual activity with him or her in return for a fee. (b) Sexual solicitation is an unclassified misdemeanor with the following sentences: (1) For a first offense: (A) No more than ninety (90) days' imprisonment; (B) A fine of no more than two thousand dollars ($2,000); or (C) Both imprisonment and a fine; and (2) For a second or subsequent offense: (A) No more than one (1) year of imprisonment; (B) A fine of no more than three thousand five hundred dollars ($3,500); or (C) Both imprisonment and a fine. (c) It is an affirmative defense to prosecution under this section that the person engaged in an act of sexual solicitation as a result of being a victim of trafficking of persons, § 5-18-103 . (d) (1) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of two thousand five hundred dollars ($2,500). (2) Fine payments received under subdivision (d)(1) of this section shall be deposited as follows: (A) Fifty percent (50%) into the Safe Harbor Fund for Sexually Exploited Children; and (B) Fifty percent (50%) into the Human Trafficking Victim Support Fund. Amended by Act 2023, No. 327,§ 8, eff. 8/1/2023. Amended by Act 2017, No. 765,§ 2, eff. 8/1/2017. Amended by Act 2013, No. 1257,§ 6, eff. 8/16/2013. Amended by Act 2013, No. 1157,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 133,§ 5, eff. 8/16/2013. Amended by Act 2013, No. 132,§ 5, eff. 8/16/2013. Acts 1975, No. 280, § 3003; A.S.A. 1947, § 41-3003; Acts 1999, No. 591, § 1; 2009, No. 428, § 1.

(a) A person commits the offense of sexual solicitation if he or she: (1) Offers or agrees to pay a fee to a person to engage in sexual activity with him or her or another person; or (2) Solicits or requests a person to engage in sexual activity with him or her in return for a fee.

(1) Offers or agrees to pay a fee to a person to engage in sexual activity with him or her or another person; or

(2) Solicits or requests a person to engage in sexual activity with him or her in return for a fee.

(b) Sexual solicitation is an unclassified misdemeanor with the following sentences: (1) For a first offense: (A) No more than ninety (90) days' imprisonment; (B) A fine of no more than two thousand dollars ($2,000); or (C) Both imprisonment and a fine; and (2) For a second or subsequent offense: (A) No more than one (1) year of imprisonment; (B) A fine of no more than three thousand five hundred dollars ($3,500); or (C) Both imprisonment and a fine.

(1) For a first offense: (A) No more than ninety (90) days' imprisonment; (B) A fine of no more than two thousand dollars ($2,000); or (C) Both imprisonment and a fine; and

(A) No more than ninety (90) days' imprisonment;

(B) A fine of no more than two thousand dollars ($2,000); or

(C) Both imprisonment and a fine; and

(2) For a second or subsequent offense: (A) No more than one (1) year of imprisonment; (B) A fine of no more than three thousand five hundred dollars ($3,500); or (C) Both imprisonment and a fine.

(A) No more than one (1) year of imprisonment;

(B) A fine of no more than three thousand five hundred dollars ($3,500); or

(C) Both imprisonment and a fine.

(c) It is an affirmative defense to prosecution under this section that the person engaged in an act of sexual solicitation as a result of being a victim of trafficking of persons, § 5-18-103 .

(d) (1) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of two thousand five hundred dollars ($2,500). (2) Fine payments received under subdivision (d)(1) of this section shall be deposited as follows: (A) Fifty percent (50%) into the Safe Harbor Fund for Sexually Exploited Children; and (B) Fifty percent (50%) into the Human Trafficking Victim Support Fund.

(1) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of two thousand five hundred dollars ($2,500).

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

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

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

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

Amended by Act 2017, No. 765,§ 2, eff. 8/1/2017.

Amended by Act 2013, No. 1257,§ 6, eff. 8/16/2013.

Amended by Act 2013, No. 1157,§ 4, eff. 8/16/2013.

Amended by Act 2013, No. 133,§ 5, eff. 8/16/2013.

Amended by Act 2013, No. 132,§ 5, eff. 8/16/2013.

Acts 1975, No. 280, § 3003; A.S.A. 1947, § 41-3003; Acts 1999, No. 591, § 1; 2009, No. 428, § 1.
Ark. Code Ann. § 5-55-203 — AR Code / Title 5 / Chapter 55 / Subchapter 2 / Section 5-55-203
Illegal presentation of food coupons or vouchers for payment
Status: in_force

(a) (1) Any person who presents or causes to be presented food coupons for payment or redemption of the value of one hundred dollars ($100) or more knowing the food coupons to have been received, transferred, or used in any manner in violation of a provision of the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq., or the federal regulations or state rules issued pursuant to the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq., is guilty of a Class D felony. (2) However, if the food coupons are of a value of less than one hundred dollars ($100), the person is guilty of a Class A misdemeanor. (b) Any person who presents or causes to be presented vouchers for payment or redemption of the value of one hundred dollars ($100) or more knowing the vouchers to have been received, transferred, or used in any manner in violation of a provision of the federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) authorized by the Child Nutrition Act of 1966, 42 U.S.C. § 1771 et seq., as amended, or the federal regulations or state rules issued pursuant to the Child Nutrition Act of 1966, 42 U.S.C. § 1771 et seq., is guilty of a Class A misdemeanor. Amended by Act 2019, No. 315,§ 155, eff. 7/24/2019. Acts 1979, No. 714, § 3; A.S.A. 1947, § 41-4303; Acts 1993, No. 489, § 3; 2005, No. 1994, § 427.

(a) (1) Any person who presents or causes to be presented food coupons for payment or redemption of the value of one hundred dollars ($100) or more knowing the food coupons to have been received, transferred, or used in any manner in violation of a provision of the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq., or the federal regulations or state rules issued pursuant to the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq., is guilty of a Class D felony. (2) However, if the food coupons are of a value of less than one hundred dollars ($100), the person is guilty of a Class A misdemeanor.

(1) Any person who presents or causes to be presented food coupons for payment or redemption of the value of one hundred dollars ($100) or more knowing the food coupons to have been received, transferred, or used in any manner in violation of a provision of the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq., or the federal regulations or state rules issued pursuant to the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq., is guilty of a Class D felony.

(2) However, if the food coupons are of a value of less than one hundred dollars ($100), the person is guilty of a Class A misdemeanor.

(b) Any person who presents or causes to be presented vouchers for payment or redemption of the value of one hundred dollars ($100) or more knowing the vouchers to have been received, transferred, or used in any manner in violation of a provision of the federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) authorized by the Child Nutrition Act of 1966, 42 U.S.C. § 1771 et seq., as amended, or the federal regulations or state rules issued pursuant to the Child Nutrition Act of 1966, 42 U.S.C. § 1771 et seq., is guilty of a Class A misdemeanor.

Amended by Act 2019, No. 315,§ 155, eff. 7/24/2019.

Acts 1979, No. 714, § 3; A.S.A. 1947, § 41-4303; Acts 1993, No. 489, § 3; 2005, No. 1994, § 427.
Ark. Code Ann. § 5-65-118 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-118
Additional penalties - Ignition interlock devices
Status: in_force

(a) (1) (A) (i) Except as provided under subsection (g) of this section, the Office of Driver Services shall place a restriction on a person who has violated § 5-65-103 for a first or second offense that requires the person's motor vehicle to be equipped with a functioning ignition interlock device in addition to any other penalty authorized by this chapter. (ii) The restriction shall continue until the person has completed his or her mandatory period for using an ignition interlock device. (iii) The restriction under subdivision (a)(1)(A)(i) of this section does not apply to a person who is arrested for violating § 5-65-103 for a first or second offense if the person was intoxicated by the ingestion of or by the use of a controlled substance. (B) (i) The office shall place a restriction on a person who has violated § 5-65-103 for a third or subsequent offense that requires the person's motor vehicle to be equipped with a functioning ignition interlock device in addition to any other penalty authorized by this chapter. (ii) The restriction shall continue until the person has completed his or her mandatory period for using an ignition interlock device. (iii) The restriction under subdivision (a)(1)(B)(i) of this section does not apply to a person who is arrested for violating § 5-65-103 for a third or subsequent offense if the person was intoxicated by the ingestion of or by the use of a controlled substance. (2) The office may issue an ignition interlock restricted license to the person only after the person has verified installation of a functioning ignition interlock device to the office in any motor vehicle the person intends to operate, except for an exemption allowed under § 5-65-123(f) . (3) The office shall establish: (A) A specific calibration setting no lower than two hundredths of one percent (0.02%) nor more than five hundredths of one percent (0.05%) of alcohol in the person's blood at which the ignition interlock device will prevent the motor vehicle's being started; and (B) The period of time that the person is subject to the restriction. (b) The office shall do the following after restricting a person's driving by requiring the use of an ignition interlock device: (1) (A) State on the record the requirement for and the period of use of the ignition interlock device. (B) However, if the office restricts the person to using an ignition interlock device in conjunction with the issuance of an ignition interlock restricted license under § 5-65-104 , the time the person is required to use the ignition interlock device shall be until the original suspension imposed under § 5-65-104 has been completed; (2) Ensure that the records of the office reflect that the person may not operate a motor vehicle that is not equipped with an ignition interlock device; (3) Attach or imprint a notation on the driver's license of a person restricted under this section stating that the person may operate a motor vehicle only if it is equipped with an ignition interlock device; (4) Require that the person restricted under this section show proof of installation of a certified ignition interlock device prior to the issuance of an ignition interlock restricted license by the office under § 5-65-104 ; (5) (A) Require both proof of the installation of an ignition interlock device and periodic reporting by the person for verification of the proper operation of the ignition interlock device. (B) Proof of the installation of the ignition interlock device for the entire period required by law shall be provided before the person's driving privileges are reinstated; (6) Require the person to have the ignition interlock device serviced and monitored at least every sixty-seven (67) days for proper use and accuracy by an entity approved by the Department of Health; and (7) (A) Require the person to pay the reasonable cost of leasing or buying and monitoring and maintaining the ignition interlock device. (B) The office may establish a payment schedule for the reasonable cost of leasing or buying and monitoring and maintaining the ignition interlock device. (c) If the person whose driving privilege is restricted under this section cannot provide proof of installation of a functioning ignition interlock device to the office under subsection (a) of this section, the office shall not issue an ignition interlock restricted license as authorized under this section. (d) The office shall revoke the ignition interlock restricted license and reinstate a driving privilege suspension for the term of the original driving privilege suspension if it finds that a person has violated § 5-65-123 . (e) A person who has had his or her driving privilege suspended or revoked under § 5-65-104 who would otherwise be eligible to obtain an ignition interlock restricted license may petition the office for a hearing, and the office may issue an ignition interlock restricted license as authorized under §§ 5-65-104 and 5-65-205 . (f) (1) The department shall: (A) Certify the ignition interlock devices for use in this state; (B) Approve the entities that install and monitor the ignition interlock devices; and (C) Adopt rules for the certification of the ignition interlock devices and ignition interlock device installation. (2) The rules shall require an ignition interlock device, at a minimum, to: (A) Not impede the safe operation of the motor vehicle; (B) Minimize the opportunities to be bypassed; (C) Work accurately and reliably in an unsupervised environment; (D) Properly and accurately measure the person's blood alcohol levels; (E) Minimize the inconvenience to a sober user; and (F) Be manufactured by an entity that is responsible for installation, user training, and servicing and maintenance of the ignition interlock device, and that is capable of providing monitoring reports to the office. (3) The department shall develop a warning label to be affixed to any ignition interlock device used in the state to warn any person of the possible penalties for tampering with or attempting to circumvent the ignition interlock device. (4) The department shall: (A) Publish and update a list of certified ignition interlock device manufacturers and approved ignition interlock device installers; and (B) Periodically provide the list required by subdivision (f)(4)(A) of this section to the office. (g) (1) A person who has violated § 5-65-103 for a first offense that requires the person's motor vehicle to be equipped with a functioning ignition interlock device under this section may petition the court with jurisdiction for a waiver of the requirement to install a functioning interlock device under this section. (2) The court with jurisdiction may waive the requirement to install a functioning ignition interlock device under this section under the following conditions: (A) The person is required to operate an employer's motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the person; (B) The person is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device; or (C) A state-certified ignition interlock device provider is not available within one hundred (100) miles of the person's residence. (3) Upon finding that a condition under subdivision (g)(2) of this section is present, the court with jurisdiction shall enter an order to that effect and transmit the order to the office for compliance. Amended by Act 2017, No. 1094,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 1094,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 1221,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Amended by Act 2014, No. 277,§ 13, eff. 7/1/2014. Acts 1993, No. 298, § 1; 1995, No. 1296, § 8; 1999, No. 1468, § 2; 2001, No. 1206, § 2; 2001, No. 1501, § 2; 2005, No. 1234, § 2; 2007, No. 827, § 79.

(a) (1) (A) (i) Except as provided under subsection (g) of this section, the Office of Driver Services shall place a restriction on a person who has violated § 5-65-103 for a first or second offense that requires the person's motor vehicle to be equipped with a functioning ignition interlock device in addition to any other penalty authorized by this chapter. (ii) The restriction shall continue until the person has completed his or her mandatory period for using an ignition interlock device. (iii) The restriction under subdivision (a)(1)(A)(i) of this section does not apply to a person who is arrested for violating § 5-65-103 for a first or second offense if the person was intoxicated by the ingestion of or by the use of a controlled substance. (B) (i) The office shall place a restriction on a person who has violated § 5-65-103 for a third or subsequent offense that requires the person's motor vehicle to be equipped with a functioning ignition interlock device in addition to any other penalty authorized by this chapter. (ii) The restriction shall continue until the person has completed his or her mandatory period for using an ignition interlock device. (iii) The restriction under subdivision (a)(1)(B)(i) of this section does not apply to a person who is arrested for violating § 5-65-103 for a third or subsequent offense if the person was intoxicated by the ingestion of or by the use of a controlled substance. (2) The office may issue an ignition interlock restricted license to the person only after the person has verified installation of a functioning ignition interlock device to the office in any motor vehicle the person intends to operate, except for an exemption allowed under § 5-65-123(f) . (3) The office shall establish: (A) A specific calibration setting no lower than two hundredths of one percent (0.02%) nor more than five hundredths of one percent (0.05%) of alcohol in the person's blood at which the ignition interlock device will prevent the motor vehicle's being started; and (B) The period of time that the person is subject to the restriction.

(1) (A) (i) Except as provided under subsection (g) of this section, the Office of Driver Services shall place a restriction on a person who has violated § 5-65-103 for a first or second offense that requires the person's motor vehicle to be equipped with a functioning ignition interlock device in addition to any other penalty authorized by this chapter. (ii) The restriction shall continue until the person has completed his or her mandatory period for using an ignition interlock device. (iii) The restriction under subdivision (a)(1)(A)(i) of this section does not apply to a person who is arrested for violating § 5-65-103 for a first or second offense if the person was intoxicated by the ingestion of or by the use of a controlled substance. (B) (i) The office shall place a restriction on a person who has violated § 5-65-103 for a third or subsequent offense that requires the person's motor vehicle to be equipped with a functioning ignition interlock device in addition to any other penalty authorized by this chapter. (ii) The restriction shall continue until the person has completed his or her mandatory period for using an ignition interlock device. (iii) The restriction under subdivision (a)(1)(B)(i) of this section does not apply to a person who is arrested for violating § 5-65-103 for a third or subsequent offense if the person was intoxicated by the ingestion of or by the use of a controlled substance.

(A) (i) Except as provided under subsection (g) of this section, the Office of Driver Services shall place a restriction on a person who has violated § 5-65-103 for a first or second offense that requires the person's motor vehicle to be equipped with a functioning ignition interlock device in addition to any other penalty authorized by this chapter. (ii) The restriction shall continue until the person has completed his or her mandatory period for using an ignition interlock device. (iii) The restriction under subdivision (a)(1)(A)(i) of this section does not apply to a person who is arrested for violating § 5-65-103 for a first or second offense if the person was intoxicated by the ingestion of or by the use of a controlled substance.

(i) Except as provided under subsection (g) of this section, the Office of Driver Services shall place a restriction on a person who has violated § 5-65-103 for a first or second offense that requires the person's motor vehicle to be equipped with a functioning ignition interlock device in addition to any other penalty authorized by this chapter.

(ii) The restriction shall continue until the person has completed his or her mandatory period for using an ignition interlock device.

(iii) The restriction under subdivision (a)(1)(A)(i) of this section does not apply to a person who is arrested for violating § 5-65-103 for a first or second offense if the person was intoxicated by the ingestion of or by the use of a controlled substance.

(B) (i) The office shall place a restriction on a person who has violated § 5-65-103 for a third or subsequent offense that requires the person's motor vehicle to be equipped with a functioning ignition interlock device in addition to any other penalty authorized by this chapter. (ii) The restriction shall continue until the person has completed his or her mandatory period for using an ignition interlock device. (iii) The restriction under subdivision (a)(1)(B)(i) of this section does not apply to a person who is arrested for violating § 5-65-103 for a third or subsequent offense if the person was intoxicated by the ingestion of or by the use of a controlled substance.

(i) The office shall place a restriction on a person who has violated § 5-65-103 for a third or subsequent offense that requires the person's motor vehicle to be equipped with a functioning ignition interlock device in addition to any other penalty authorized by this chapter.

(ii) The restriction shall continue until the person has completed his or her mandatory period for using an ignition interlock device.

(iii) The restriction under subdivision (a)(1)(B)(i) of this section does not apply to a person who is arrested for violating § 5-65-103 for a third or subsequent offense if the person was intoxicated by the ingestion of or by the use of a controlled substance.

(2) The office may issue an ignition interlock restricted license to the person only after the person has verified installation of a functioning ignition interlock device to the office in any motor vehicle the person intends to operate, except for an exemption allowed under § 5-65-123(f) .

(3) The office shall establish: (A) A specific calibration setting no lower than two hundredths of one percent (0.02%) nor more than five hundredths of one percent (0.05%) of alcohol in the person's blood at which the ignition interlock device will prevent the motor vehicle's being started; and (B) The period of time that the person is subject to the restriction.

(A) A specific calibration setting no lower than two hundredths of one percent (0.02%) nor more than five hundredths of one percent (0.05%) of alcohol in the person's blood at which the ignition interlock device will prevent the motor vehicle's being started; and

(B) The period of time that the person is subject to the restriction.

(b) The office shall do the following after restricting a person's driving by requiring the use of an ignition interlock device: (1) (A) State on the record the requirement for and the period of use of the ignition interlock device. (B) However, if the office restricts the person to using an ignition interlock device in conjunction with the issuance of an ignition interlock restricted license under § 5-65-104 , the time the person is required to use the ignition interlock device shall be until the original suspension imposed under § 5-65-104 has been completed; (2) Ensure that the records of the office reflect that the person may not operate a motor vehicle that is not equipped with an ignition interlock device; (3) Attach or imprint a notation on the driver's license of a person restricted under this section stating that the person may operate a motor vehicle only if it is equipped with an ignition interlock device; (4) Require that the person restricted under this section show proof of installation of a certified ignition interlock device prior to the issuance of an ignition interlock restricted license by the office under § 5-65-104 ; (5) (A) Require both proof of the installation of an ignition interlock device and periodic reporting by the person for verification of the proper operation of the ignition interlock device. (B) Proof of the installation of the ignition interlock device for the entire period required by law shall be provided before the person's driving privileges are reinstated; (6) Require the person to have the ignition interlock device serviced and monitored at least every sixty-seven (67) days for proper use and accuracy by an entity approved by the Department of Health; and (7) (A) Require the person to pay the reasonable cost of leasing or buying and monitoring and maintaining the ignition interlock device. (B) The office may establish a payment schedule for the reasonable cost of leasing or buying and monitoring and maintaining the ignition interlock device.

(1) (A) State on the record the requirement for and the period of use of the ignition interlock device. (B) However, if the office restricts the person to using an ignition interlock device in conjunction with the issuance of an ignition interlock restricted license under § 5-65-104 , the time the person is required to use the ignition interlock device shall be until the original suspension imposed under § 5-65-104 has been completed;

(A) State on the record the requirement for and the period of use of the ignition interlock device.

(B) However, if the office restricts the person to using an ignition interlock device in conjunction with the issuance of an ignition interlock restricted license under § 5-65-104 , the time the person is required to use the ignition interlock device shall be until the original suspension imposed under § 5-65-104 has been completed;

(2) Ensure that the records of the office reflect that the person may not operate a motor vehicle that is not equipped with an ignition interlock device;

(3) Attach or imprint a notation on the driver's license of a person restricted under this section stating that the person may operate a motor vehicle only if it is equipped with an ignition interlock device;

(4) Require that the person restricted under this section show proof of installation of a certified ignition interlock device prior to the issuance of an ignition interlock restricted license by the office under § 5-65-104 ;

(5) (A) Require both proof of the installation of an ignition interlock device and periodic reporting by the person for verification of the proper operation of the ignition interlock device. (B) Proof of the installation of the ignition interlock device for the entire period required by law shall be provided before the person's driving privileges are reinstated;

(A) Require both proof of the installation of an ignition interlock device and periodic reporting by the person for verification of the proper operation of the ignition interlock device.

(B) Proof of the installation of the ignition interlock device for the entire period required by law shall be provided before the person's driving privileges are reinstated;

(6) Require the person to have the ignition interlock device serviced and monitored at least every sixty-seven (67) days for proper use and accuracy by an entity approved by the Department of Health; and

(7) (A) Require the person to pay the reasonable cost of leasing or buying and monitoring and maintaining the ignition interlock device. (B) The office may establish a payment schedule for the reasonable cost of leasing or buying and monitoring and maintaining the ignition interlock device.

(A) Require the person to pay the reasonable cost of leasing or buying and monitoring and maintaining the ignition interlock device.

(B) The office may establish a payment schedule for the reasonable cost of leasing or buying and monitoring and maintaining the ignition interlock device.

(c) If the person whose driving privilege is restricted under this section cannot provide proof of installation of a functioning ignition interlock device to the office under subsection (a) of this section, the office shall not issue an ignition interlock restricted license as authorized under this section.

(d) The office shall revoke the ignition interlock restricted license and reinstate a driving privilege suspension for the term of the original driving privilege suspension if it finds that a person has violated § 5-65-123 .

(e) A person who has had his or her driving privilege suspended or revoked under § 5-65-104 who would otherwise be eligible to obtain an ignition interlock restricted license may petition the office for a hearing, and the office may issue an ignition interlock restricted license as authorized under §§ 5-65-104 and 5-65-205 .

(f) (1) The department shall: (A) Certify the ignition interlock devices for use in this state; (B) Approve the entities that install and monitor the ignition interlock devices; and (C) Adopt rules for the certification of the ignition interlock devices and ignition interlock device installation. (2) The rules shall require an ignition interlock device, at a minimum, to: (A) Not impede the safe operation of the motor vehicle; (B) Minimize the opportunities to be bypassed; (C) Work accurately and reliably in an unsupervised environment; (D) Properly and accurately measure the person's blood alcohol levels; (E) Minimize the inconvenience to a sober user; and (F) Be manufactured by an entity that is responsible for installation, user training, and servicing and maintenance of the ignition interlock device, and that is capable of providing monitoring reports to the office. (3) The department shall develop a warning label to be affixed to any ignition interlock device used in the state to warn any person of the possible penalties for tampering with or attempting to circumvent the ignition interlock device. (4) The department shall: (A) Publish and update a list of certified ignition interlock device manufacturers and approved ignition interlock device installers; and (B) Periodically provide the list required by subdivision (f)(4)(A) of this section to the office.

(1) The department shall: (A) Certify the ignition interlock devices for use in this state; (B) Approve the entities that install and monitor the ignition interlock devices; and (C) Adopt rules for the certification of the ignition interlock devices and ignition interlock device installation.

(A) Certify the ignition interlock devices for use in this state;

(B) Approve the entities that install and monitor the ignition interlock devices; and

(C) Adopt rules for the certification of the ignition interlock devices and ignition interlock device installation.

(2) The rules shall require an ignition interlock device, at a minimum, to: (A) Not impede the safe operation of the motor vehicle; (B) Minimize the opportunities to be bypassed; (C) Work accurately and reliably in an unsupervised environment; (D) Properly and accurately measure the person's blood alcohol levels; (E) Minimize the inconvenience to a sober user; and (F) Be manufactured by an entity that is responsible for installation, user training, and servicing and maintenance of the ignition interlock device, and that is capable of providing monitoring reports to the office.

(A) Not impede the safe operation of the motor vehicle;

(B) Minimize the opportunities to be bypassed;

(C) Work accurately and reliably in an unsupervised environment;

(D) Properly and accurately measure the person's blood alcohol levels;

(E) Minimize the inconvenience to a sober user; and

(F) Be manufactured by an entity that is responsible for installation, user training, and servicing and maintenance of the ignition interlock device, and that is capable of providing monitoring reports to the office.

(3) The department shall develop a warning label to be affixed to any ignition interlock device used in the state to warn any person of the possible penalties for tampering with or attempting to circumvent the ignition interlock device.

(4) The department shall: (A) Publish and update a list of certified ignition interlock device manufacturers and approved ignition interlock device installers; and (B) Periodically provide the list required by subdivision (f)(4)(A) of this section to the office.

(A) Publish and update a list of certified ignition interlock device manufacturers and approved ignition interlock device installers; and

(B) Periodically provide the list required by subdivision (f)(4)(A) of this section to the office.

(g) (1) A person who has violated § 5-65-103 for a first offense that requires the person's motor vehicle to be equipped with a functioning ignition interlock device under this section may petition the court with jurisdiction for a waiver of the requirement to install a functioning interlock device under this section. (2) The court with jurisdiction may waive the requirement to install a functioning ignition interlock device under this section under the following conditions: (A) The person is required to operate an employer's motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the person; (B) The person is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device; or (C) A state-certified ignition interlock device provider is not available within one hundred (100) miles of the person's residence. (3) Upon finding that a condition under subdivision (g)(2) of this section is present, the court with jurisdiction shall enter an order to that effect and transmit the order to the office for compliance.

(1) A person who has violated § 5-65-103 for a first offense that requires the person's motor vehicle to be equipped with a functioning ignition interlock device under this section may petition the court with jurisdiction for a waiver of the requirement to install a functioning interlock device under this section.

(2) The court with jurisdiction may waive the requirement to install a functioning ignition interlock device under this section under the following conditions: (A) The person is required to operate an employer's motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the person; (B) The person is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device; or (C) A state-certified ignition interlock device provider is not available within one hundred (100) miles of the person's residence.

(A) The person is required to operate an employer's motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the person;

(B) The person is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device; or

(C) A state-certified ignition interlock device provider is not available within one hundred (100) miles of the person's residence.

(3) Upon finding that a condition under subdivision (g)(2) of this section is present, the court with jurisdiction shall enter an order to that effect and transmit the order to the office for compliance.

Amended by Act 2017, No. 1094,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 1094,§ 2, eff. 8/1/2017.

Amended by Act 2015, No. 1221,§ 1, eff. 7/22/2015.

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

Amended by Act 2014, No. 277,§ 13, eff. 7/1/2014.

Acts 1993, No. 298, § 1; 1995, No. 1296, § 8; 1999, No. 1468, § 2; 2001, No. 1206, § 2; 2001, No. 1501, § 2; 2005, No. 1234, § 2; 2007, No. 827, § 79.
Ark. Code Ann. § 5-36-101 — AR Code / Title 5 / Chapter 36 / Subchapter 1 / Section 5-36-101
Definitions
Status: in_force

As used in this chapter: (1) "Antishoplifting or inventory control device" means a mechanism or other device designed and operated for the purpose of detecting the removal from a store or business establishment or from a protected area within a store or business establishment; (2) "Article" means any object, material, device, or substance or copy of an object, material, device, or substance, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map; (3) "Building material" means lumber, a construction tool, a window, a door, copper tubing or wire, or any other material or good used in the construction or rebuilding of a building or a structure; (4) "Copy" means any facsimile, replica, photograph, or other reproduction of an article, and any note, drawing, or sketch made of or from an article; (5) "Cost of incidental damage" means the total amount of money damages suffered by an owner of oil and gas equipment as a direct result of the theft of the oil and gas equipment, including without limitation lost income, lost profits, and cost of repair or replacement of property damage; (6) (A) "Curtilage" means the land adjoining a residential occupiable structure that is habitually used for residential purposes but is not necessarily enclosed. (B) "Curtilage" includes an outbuilding that is directly connected with and in close proximity to the residential occupiable structure; (7) (A) "Deception" means: (i) Creating or reinforcing a false impression, including a false impression of fact, law, value, or intention or other state of mind that the actor does not believe to be true; (ii) Preventing another person from acquiring information that would affect his or her judgment of a transaction; (iii) Failing to correct a false impression that the actor knows to be false and that he or she created or reinforced or that he or she knows to be influencing another person to whom the actor stands in a fiduciary or confidential relationship; (iv) Failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of property that the actor transfers or encumbers in consideration for the property or service obtained, or in order to continue to deprive another person of that other person's property, whether the impediment is or is not valid or is or is not a matter of official record; or (v) Employing any other scheme to defraud. (B) As to a person's intention to perform a promise, "deception" shall not be inferred solely from the fact that the person did not subsequently perform the promise. (C) "Deception" does not include: (i) Falsity as to a matter having no pecuniary significance; or (ii) Puffing by a statement unlikely to deceive an ordinary person in the group addressed; (8) "Deprive" means to: (A) Withhold property or to cause it to be withheld either permanently or under circumstances such that a major portion of its economic value, use, or benefit is appropriated to the actor or lost to the owner; (B) Withhold property or to cause it to be withheld with the purpose to restore it only upon the payment of a reward or other compensation; or (C) Dispose of property or use it or transfer any interest in it under circumstances that make its restoration unlikely; (9) "Incidental damage" means loss of income, loss of profit, or property damage; (10) "Motor fuel" means: (A) Gasoline, diesel fuel, or alcohol; (B) Any mixture of gasoline, diesel fuel, or alcohol; or (C) Any other fuel sold for use in an automobile or related vehicle; (11) "Obtain" means: (A) In relation to property, to bring about a transfer or purported transfer of property or of an interest in the property, whether to the actor or another person; or (B) In relation to a service, to secure performance of the service; (12) "Oil and gas equipment" means machinery, drilling mud, welding equipment, pipes, fittings, generators, pumps, batteries, or other equipment or tools used in connection with the drilling, production, operation, or maintenance of oil or gas wells, or in connection with the storage or transportation of oil or gas; (13) "Permitted construction site" means the site of construction, alteration, painting, or repair of a building or a structure for which a building permit has been issued by a city of the first class, a city of the second class, an incorporated town, or a county; (14) "Postal package" means a letter, package, parcel, bag, or container used to ship goods or a sealed article that: (A) Is addressed to a person and has been left for the person by a common carrier or delivery service; or (B) Has been left by a consumer at his or her residence to be collected by a common carrier or delivery service; (15) "Property" means severed real property or tangible or intangible personal property, including money or any paper or document that represents or embodies anything of value; (16) (A) "Property of another person" means any property in which any person or government other than the actor has a possessory or proprietary interest. (B) However, "property of another person" does not include property in the possession of the actor in which another person has only a security interest, even though legal title is in the secured party pursuant to a conditional sales contract or other security agreement; (17) "Residential occupiable structure" means a vehicle, building, or other structure in which a person lives or that is customarily used for overnight accommodation of a person whether or not a person is actually present; (18) "Service" includes: (A) Labor; (B) Professional service; (C) Transportation; (D) Telephone, mail, or other public service; (E) Gas, electricity, or other public utility service; (F) Accommodation in a hotel, restaurant, or other public accommodation; (G) Admission to an exhibition; and (H) Use of a vehicle or other property; (19) (A) "Threat" means a menace, however communicated, to: (i) Cause physical injury to any person or to commit any other criminal offense; (ii) Cause damage to any property; (iii) Accuse any person of a crime; (iv) Expose a secret or publish a fact tending to subject any person, living or deceased, to hatred, contempt, shame, or ridicule; (v) Impair any person's credit or business repute; (vi) Take or withhold action as a public servant or cause a public servant to take or withhold action; (vii) Testify or provide information or withhold testimony or information with respect to a legal claim or defense of another person; (viii) Bring about or continue a strike, boycott, or other collective action if a property or service is not demanded or received for the benefit of the group in whose interest the actor purports to act; or (ix) Do any other act which would not in itself substantially benefit the actor or a group he or she purports to represent but which is calculated to harm another person in a substantial manner with respect to his or her health, safety, business, employment, calling, career, financial condition, reputation, or a personal relationship. (B) "Threat" does not include an expression of intent to accuse, expose, bring suit, or otherwise invoke official action under subdivisions (19)(A)(iii)-(vi) of this section if made to obtain property claimed as restitution or indemnification for harm done in the circumstances to which accusation, exposure, lawsuit, or other official action relates or as compensation for property or a lawful service; (20) "Trade secret" means the whole or any portion of any valuable scientific or technical information, design, process, procedure, formula, or improvement that is not accessible to a person other than a person selected by the owner to have access for a limited purpose; (21) "Utility" means a person or entity providing to the public gas, electricity, water, sewer, telephone, telegraph, radio, radio common carrier, railway, railroad, cable and broadcast television, video, or internet services; (22) "Utility property" means any component that is reasonably necessary to provide utility services, including without limitation any wire, pole, facility, machinery, tool, equipment, cable, insulator, switch, signal, duct, fiber optic cable, conduit, plant, work, system, backup deep cycle battery or other power supply, substation, transmission or distribution structure, line, street lighting fixture, generating plant, equipment, pipe, main, transformer, underground line, gas compressor, meter, or any other building or structure or part of a building or structure that a utility uses in the production or use of its services; (23) (A) "Value" means: (i) The market value of a property or service at the time and place of the offense, or if the market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense; (ii) In the case of a written instrument, other than a written instrument having a readily ascertainable market value, the amount due and collectible at maturity less any part that has been satisfied if the written instrument constitutes evidence of a debt, or the greatest amount of economic loss that the owner might reasonably suffer by virtue of the loss of the written instrument if the written instrument is other than evidence of a debt; or (iii) Any inherent, subjective, or idiosyncratic worth the owner or possessor of property attaches to the property even if the property has no market value or replacement cost. (B) (i) If the actor gave consideration for or had a legal interest in the property or service, the amount of the consideration or the value of the interest shall be deducted from the value of the property or service to determine value. (ii) However, in a case of theft by receiving under § 5-36-106 , the consideration the actor gave for the property shall not be deducted to determine value; and (24) "Vehicle" means any craft or device designed for the transportation of a person or property across land or water or through the air. Amended by Act 2021, No. 340,§ 1, eff. 3/15/2021. Amended by Act 2019, No. 611,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 1263,§ 1, eff. 7/22/2015. Acts 1975, No. 280, § 2201; A.S.A. 1947, § 41-2201; Acts 1987, No. 934, § 2; 1997, No. 829, § 1; 2001, No. 745, § 1.

As used in this chapter:

(1) "Antishoplifting or inventory control device" means a mechanism or other device designed and operated for the purpose of detecting the removal from a store or business establishment or from a protected area within a store or business establishment;

(2) "Article" means any object, material, device, or substance or copy of an object, material, device, or substance, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map;

(3) "Building material" means lumber, a construction tool, a window, a door, copper tubing or wire, or any other material or good used in the construction or rebuilding of a building or a structure;

(4) "Copy" means any facsimile, replica, photograph, or other reproduction of an article, and any note, drawing, or sketch made of or from an article;

(5) "Cost of incidental damage" means the total amount of money damages suffered by an owner of oil and gas equipment as a direct result of the theft of the oil and gas equipment, including without limitation lost income, lost profits, and cost of repair or replacement of property damage;

(6) (A) "Curtilage" means the land adjoining a residential occupiable structure that is habitually used for residential purposes but is not necessarily enclosed. (B) "Curtilage" includes an outbuilding that is directly connected with and in close proximity to the residential occupiable structure;

(A) "Curtilage" means the land adjoining a residential occupiable structure that is habitually used for residential purposes but is not necessarily enclosed.

(B) "Curtilage" includes an outbuilding that is directly connected with and in close proximity to the residential occupiable structure;

(7) (A) "Deception" means: (i) Creating or reinforcing a false impression, including a false impression of fact, law, value, or intention or other state of mind that the actor does not believe to be true; (ii) Preventing another person from acquiring information that would affect his or her judgment of a transaction; (iii) Failing to correct a false impression that the actor knows to be false and that he or she created or reinforced or that he or she knows to be influencing another person to whom the actor stands in a fiduciary or confidential relationship; (iv) Failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of property that the actor transfers or encumbers in consideration for the property or service obtained, or in order to continue to deprive another person of that other person's property, whether the impediment is or is not valid or is or is not a matter of official record; or (v) Employing any other scheme to defraud. (B) As to a person's intention to perform a promise, "deception" shall not be inferred solely from the fact that the person did not subsequently perform the promise. (C) "Deception" does not include: (i) Falsity as to a matter having no pecuniary significance; or (ii) Puffing by a statement unlikely to deceive an ordinary person in the group addressed;

(A) "Deception" means: (i) Creating or reinforcing a false impression, including a false impression of fact, law, value, or intention or other state of mind that the actor does not believe to be true; (ii) Preventing another person from acquiring information that would affect his or her judgment of a transaction; (iii) Failing to correct a false impression that the actor knows to be false and that he or she created or reinforced or that he or she knows to be influencing another person to whom the actor stands in a fiduciary or confidential relationship; (iv) Failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of property that the actor transfers or encumbers in consideration for the property or service obtained, or in order to continue to deprive another person of that other person's property, whether the impediment is or is not valid or is or is not a matter of official record; or (v) Employing any other scheme to defraud.

(i) Creating or reinforcing a false impression, including a false impression of fact, law, value, or intention or other state of mind that the actor does not believe to be true;

(ii) Preventing another person from acquiring information that would affect his or her judgment of a transaction;

(iii) Failing to correct a false impression that the actor knows to be false and that he or she created or reinforced or that he or she knows to be influencing another person to whom the actor stands in a fiduciary or confidential relationship;

(iv) Failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of property that the actor transfers or encumbers in consideration for the property or service obtained, or in order to continue to deprive another person of that other person's property, whether the impediment is or is not valid or is or is not a matter of official record; or

(v) Employing any other scheme to defraud.

(B) As to a person's intention to perform a promise, "deception" shall not be inferred solely from the fact that the person did not subsequently perform the promise.

(C) "Deception" does not include: (i) Falsity as to a matter having no pecuniary significance; or (ii) Puffing by a statement unlikely to deceive an ordinary person in the group addressed;

(i) Falsity as to a matter having no pecuniary significance; or

(ii) Puffing by a statement unlikely to deceive an ordinary person in the group addressed;

(8) "Deprive" means to: (A) Withhold property or to cause it to be withheld either permanently or under circumstances such that a major portion of its economic value, use, or benefit is appropriated to the actor or lost to the owner; (B) Withhold property or to cause it to be withheld with the purpose to restore it only upon the payment of a reward or other compensation; or (C) Dispose of property or use it or transfer any interest in it under circumstances that make its restoration unlikely;

(A) Withhold property or to cause it to be withheld either permanently or under circumstances such that a major portion of its economic value, use, or benefit is appropriated to the actor or lost to the owner;

(B) Withhold property or to cause it to be withheld with the purpose to restore it only upon the payment of a reward or other compensation; or

(C) Dispose of property or use it or transfer any interest in it under circumstances that make its restoration unlikely;

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

(10) "Motor fuel" means: (A) Gasoline, diesel fuel, or alcohol; (B) Any mixture of gasoline, diesel fuel, or alcohol; or (C) Any other fuel sold for use in an automobile or related vehicle;

(A) Gasoline, diesel fuel, or alcohol;

(B) Any mixture of gasoline, diesel fuel, or alcohol; or

(C) Any other fuel sold for use in an automobile or related vehicle;

(11) "Obtain" means: (A) In relation to property, to bring about a transfer or purported transfer of property or of an interest in the property, whether to the actor or another person; or (B) In relation to a service, to secure performance of the service;

(A) In relation to property, to bring about a transfer or purported transfer of property or of an interest in the property, whether to the actor or another person; or

(B) In relation to a service, to secure performance of the service;

(12) "Oil and gas equipment" means machinery, drilling mud, welding equipment, pipes, fittings, generators, pumps, batteries, or other equipment or tools used in connection with the drilling, production, operation, or maintenance of oil or gas wells, or in connection with the storage or transportation of oil or gas;

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

(14) "Postal package" means a letter, package, parcel, bag, or container used to ship goods or a sealed article that: (A) Is addressed to a person and has been left for the person by a common carrier or delivery service; or (B) Has been left by a consumer at his or her residence to be collected by a common carrier or delivery service;

(A) Is addressed to a person and has been left for the person by a common carrier or delivery service; or

(B) Has been left by a consumer at his or her residence to be collected by a common carrier or delivery service;

(15) "Property" means severed real property or tangible or intangible personal property, including money or any paper or document that represents or embodies anything of value;

(16) (A) "Property of another person" means any property in which any person or government other than the actor has a possessory or proprietary interest. (B) However, "property of another person" does not include property in the possession of the actor in which another person has only a security interest, even though legal title is in the secured party pursuant to a conditional sales contract or other security agreement;

(A) "Property of another person" means any property in which any person or government other than the actor has a possessory or proprietary interest.

(B) However, "property of another person" does not include property in the possession of the actor in which another person has only a security interest, even though legal title is in the secured party pursuant to a conditional sales contract or other security agreement;

(17) "Residential occupiable structure" means a vehicle, building, or other structure in which a person lives or that is customarily used for overnight accommodation of a person whether or not a person is actually present;

(18) "Service" includes: (A) Labor; (B) Professional service; (C) Transportation; (D) Telephone, mail, or other public service; (E) Gas, electricity, or other public utility service; (F) Accommodation in a hotel, restaurant, or other public accommodation; (G) Admission to an exhibition; and (H) Use of a vehicle or other property;

(A) Labor;

(B) Professional service;

(C) Transportation;

(D) Telephone, mail, or other public service;

(E) Gas, electricity, or other public utility service;

(F) Accommodation in a hotel, restaurant, or other public accommodation;

(G) Admission to an exhibition; and

(H) Use of a vehicle or other property;

(19) (A) "Threat" means a menace, however communicated, to: (i) Cause physical injury to any person or to commit any other criminal offense; (ii) Cause damage to any property; (iii) Accuse any person of a crime; (iv) Expose a secret or publish a fact tending to subject any person, living or deceased, to hatred, contempt, shame, or ridicule; (v) Impair any person's credit or business repute; (vi) Take or withhold action as a public servant or cause a public servant to take or withhold action; (vii) Testify or provide information or withhold testimony or information with respect to a legal claim or defense of another person; (viii) Bring about or continue a strike, boycott, or other collective action if a property or service is not demanded or received for the benefit of the group in whose interest the actor purports to act; or (ix) Do any other act which would not in itself substantially benefit the actor or a group he or she purports to represent but which is calculated to harm another person in a substantial manner with respect to his or her health, safety, business, employment, calling, career, financial condition, reputation, or a personal relationship. (B) "Threat" does not include an expression of intent to accuse, expose, bring suit, or otherwise invoke official action under subdivisions (19)(A)(iii)-(vi) of this section if made to obtain property claimed as restitution or indemnification for harm done in the circumstances to which accusation, exposure, lawsuit, or other official action relates or as compensation for property or a lawful service;

(A) "Threat" means a menace, however communicated, to: (i) Cause physical injury to any person or to commit any other criminal offense; (ii) Cause damage to any property; (iii) Accuse any person of a crime; (iv) Expose a secret or publish a fact tending to subject any person, living or deceased, to hatred, contempt, shame, or ridicule; (v) Impair any person's credit or business repute; (vi) Take or withhold action as a public servant or cause a public servant to take or withhold action; (vii) Testify or provide information or withhold testimony or information with respect to a legal claim or defense of another person; (viii) Bring about or continue a strike, boycott, or other collective action if a property or service is not demanded or received for the benefit of the group in whose interest the actor purports to act; or (ix) Do any other act which would not in itself substantially benefit the actor or a group he or she purports to represent but which is calculated to harm another person in a substantial manner with respect to his or her health, safety, business, employment, calling, career, financial condition, reputation, or a personal relationship.

(i) Cause physical injury to any person or to commit any other criminal offense;

(ii) Cause damage to any property;

(iii) Accuse any person of a crime;

(iv) Expose a secret or publish a fact tending to subject any person, living or deceased, to hatred, contempt, shame, or ridicule;

(v) Impair any person's credit or business repute;

(vi) Take or withhold action as a public servant or cause a public servant to take or withhold action;

(vii) Testify or provide information or withhold testimony or information with respect to a legal claim or defense of another person;

(viii) Bring about or continue a strike, boycott, or other collective action if a property or service is not demanded or received for the benefit of the group in whose interest the actor purports to act; or

(ix) Do any other act which would not in itself substantially benefit the actor or a group he or she purports to represent but which is calculated to harm another person in a substantial manner with respect to his or her health, safety, business, employment, calling, career, financial condition, reputation, or a personal relationship.

(B) "Threat" does not include an expression of intent to accuse, expose, bring suit, or otherwise invoke official action under subdivisions (19)(A)(iii)-(vi) of this section if made to obtain property claimed as restitution or indemnification for harm done in the circumstances to which accusation, exposure, lawsuit, or other official action relates or as compensation for property or a lawful service;

(20) "Trade secret" means the whole or any portion of any valuable scientific or technical information, design, process, procedure, formula, or improvement that is not accessible to a person other than a person selected by the owner to have access for a limited purpose;

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

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

(23) (A) "Value" means: (i) The market value of a property or service at the time and place of the offense, or if the market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense; (ii) In the case of a written instrument, other than a written instrument having a readily ascertainable market value, the amount due and collectible at maturity less any part that has been satisfied if the written instrument constitutes evidence of a debt, or the greatest amount of economic loss that the owner might reasonably suffer by virtue of the loss of the written instrument if the written instrument is other than evidence of a debt; or (iii) Any inherent, subjective, or idiosyncratic worth the owner or possessor of property attaches to the property even if the property has no market value or replacement cost. (B) (i) If the actor gave consideration for or had a legal interest in the property or service, the amount of the consideration or the value of the interest shall be deducted from the value of the property or service to determine value. (ii) However, in a case of theft by receiving under § 5-36-106 , the consideration the actor gave for the property shall not be deducted to determine value; and

(A) "Value" means: (i) The market value of a property or service at the time and place of the offense, or if the market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense; (ii) In the case of a written instrument, other than a written instrument having a readily ascertainable market value, the amount due and collectible at maturity less any part that has been satisfied if the written instrument constitutes evidence of a debt, or the greatest amount of economic loss that the owner might reasonably suffer by virtue of the loss of the written instrument if the written instrument is other than evidence of a debt; or (iii) Any inherent, subjective, or idiosyncratic worth the owner or possessor of property attaches to the property even if the property has no market value or replacement cost.

(i) The market value of a property or service at the time and place of the offense, or if the market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense;

(ii) In the case of a written instrument, other than a written instrument having a readily ascertainable market value, the amount due and collectible at maturity less any part that has been satisfied if the written instrument constitutes evidence of a debt, or the greatest amount of economic loss that the owner might reasonably suffer by virtue of the loss of the written instrument if the written instrument is other than evidence of a debt; or

(iii) Any inherent, subjective, or idiosyncratic worth the owner or possessor of property attaches to the property even if the property has no market value or replacement cost.

(B) (i) If the actor gave consideration for or had a legal interest in the property or service, the amount of the consideration or the value of the interest shall be deducted from the value of the property or service to determine value. (ii) However, in a case of theft by receiving under § 5-36-106 , the consideration the actor gave for the property shall not be deducted to determine value; and

(i) If the actor gave consideration for or had a legal interest in the property or service, the amount of the consideration or the value of the interest shall be deducted from the value of the property or service to determine value.

(ii) However, in a case of theft by receiving under § 5-36-106 , the consideration the actor gave for the property shall not be deducted to determine value; and

(24) "Vehicle" means any craft or device designed for the transportation of a person or property across land or water or through the air.

Amended by Act 2021, No. 340,§ 1, eff. 3/15/2021.

Amended by Act 2019, No. 611,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 1263,§ 1, eff. 7/22/2015.

Acts 1975, No. 280, § 2201; A.S.A. 1947, § 41-2201; Acts 1987, No. 934, § 2; 1997, No. 829, § 1; 2001, No. 745, § 1.
Ark. Code Ann. § 5-66-110 — AR Code / Title 5 / Chapter 66 / Section 5-66-110
Keno, etc
Status: in_force

(a) If a person sets up or exhibits, causes to be set up or exhibited, or aids or assists in setting up or exhibiting in the state any gaming device commonly known and designated as "keno" or any similar device by any other name or without a name, upon conviction the person is guilty of a violation and shall be fined in any sum not less than two hundred dollars ($200) for benefit of the common school fund. (b) (1) It is the duty of each prosecuting attorney in this state who knows or is informed of any person exhibiting or setting up, or aiding or assisting in setting up any device described in subsection (a) of this section in his or her district, to take immediate steps to have the person immediately arrested for trial, and the prosecuting attorney shall have the person arrested as provided in this subsection for each separate offense done or committed on every separate day. (2) If any prosecuting attorney who knows or is informed of any violation of this section refuses or neglects to cause the arrest and trial of the person so offending within five (5) days next after he or she knows or is informed of the offense, upon indictment and conviction, the prosecuting attorney shall be fined in any sum not less than five hundred dollars ($500). (c) (1) It is the duty of every justice of the peace, knowing or being informed of any violation of subsection (a) of this section, in his or her township, for which the person has not been arrested or tried under the provisions of this section, to cause the arrest and trial of the person so offending, for each separate offense done or committed against the provisions of this section. (2) If any justice of the peace who knows or is informed of any violation of subsection (a) of this section in his or her township refuses or neglects to cause the arrest and trial of the person so violating subsection (a) of this section, within five (5) days next after he or she is informed of the same, the justice of the peace is guilty of a misfeasance in office, and, upon indictment and conviction, the circuit court shall remove him or her from office. (d) No license granted by any city or town is a bar to any prosecution or conviction under a provision of this section or any excuse, protection, or justification for any justice of the peace or prosecuting attorney failing to carry out the same. Acts 1877, No. 71, §§ 1-5, 7, p. 70; C. & M. Dig., §§ 2646-2651; Pope's Dig., §§ 3336-3341; A.S.A. 1947, §§ 41-3266 -- 41-3271; Acts 2009, No. 748, § 34.

(a) If a person sets up or exhibits, causes to be set up or exhibited, or aids or assists in setting up or exhibiting in the state any gaming device commonly known and designated as "keno" or any similar device by any other name or without a name, upon conviction the person is guilty of a violation and shall be fined in any sum not less than two hundred dollars ($200) for benefit of the common school fund.

(b) (1) It is the duty of each prosecuting attorney in this state who knows or is informed of any person exhibiting or setting up, or aiding or assisting in setting up any device described in subsection (a) of this section in his or her district, to take immediate steps to have the person immediately arrested for trial, and the prosecuting attorney shall have the person arrested as provided in this subsection for each separate offense done or committed on every separate day. (2) If any prosecuting attorney who knows or is informed of any violation of this section refuses or neglects to cause the arrest and trial of the person so offending within five (5) days next after he or she knows or is informed of the offense, upon indictment and conviction, the prosecuting attorney shall be fined in any sum not less than five hundred dollars ($500).

(1) It is the duty of each prosecuting attorney in this state who knows or is informed of any person exhibiting or setting up, or aiding or assisting in setting up any device described in subsection (a) of this section in his or her district, to take immediate steps to have the person immediately arrested for trial, and the prosecuting attorney shall have the person arrested as provided in this subsection for each separate offense done or committed on every separate day.

(2) If any prosecuting attorney who knows or is informed of any violation of this section refuses or neglects to cause the arrest and trial of the person so offending within five (5) days next after he or she knows or is informed of the offense, upon indictment and conviction, the prosecuting attorney shall be fined in any sum not less than five hundred dollars ($500).

(c) (1) It is the duty of every justice of the peace, knowing or being informed of any violation of subsection (a) of this section, in his or her township, for which the person has not been arrested or tried under the provisions of this section, to cause the arrest and trial of the person so offending, for each separate offense done or committed against the provisions of this section. (2) If any justice of the peace who knows or is informed of any violation of subsection (a) of this section in his or her township refuses or neglects to cause the arrest and trial of the person so violating subsection (a) of this section, within five (5) days next after he or she is informed of the same, the justice of the peace is guilty of a misfeasance in office, and, upon indictment and conviction, the circuit court shall remove him or her from office.

(1) It is the duty of every justice of the peace, knowing or being informed of any violation of subsection (a) of this section, in his or her township, for which the person has not been arrested or tried under the provisions of this section, to cause the arrest and trial of the person so offending, for each separate offense done or committed against the provisions of this section.

(2) If any justice of the peace who knows or is informed of any violation of subsection (a) of this section in his or her township refuses or neglects to cause the arrest and trial of the person so violating subsection (a) of this section, within five (5) days next after he or she is informed of the same, the justice of the peace is guilty of a misfeasance in office, and, upon indictment and conviction, the circuit court shall remove him or her from office.

(d) No license granted by any city or town is a bar to any prosecution or conviction under a provision of this section or any excuse, protection, or justification for any justice of the peace or prosecuting attorney failing to carry out the same.

Acts 1877, No. 71, §§ 1-5, 7, p. 70; C. & M. Dig., §§ 2646-2651; Pope's Dig., §§ 3336-3341; A.S.A. 1947, §§ 41-3266 -- 41-3271; Acts 2009, No. 748, § 34.
Ark. Code Ann. § 5-13-211 — AR Code / Title 5 / Chapter 13 / Subchapter 2 / Section 5-13-211
Aggravated assault upon a law enforcement officer or an employee of a correctional facility
Status: in_force

(a) A person commits aggravated assault upon a law enforcement officer or an employee of a correctional facility if: (1) Under circumstances manifesting extreme indifference to the personal hygiene of the law enforcement officer or employee of the correctional facility, the person purposely engages in conduct that creates a potential danger of infection to the law enforcement officer or an employee of any state or local correctional facility while the law enforcement officer or employee of the state or local correctional facility is engaged in the course of his or her employment by causing a person whom the actor knows to be a law enforcement officer or employee of the state or local correctional facility to come into contact with saliva, blood, urine, feces, seminal fluid, or other bodily fluid by purposely throwing, tossing, expelling, or otherwise transferring the fluid or material; or (2) He or she knowingly discharges a firearm with a purpose to cause serious physical injury or death to a law enforcement officer or an employee of a correctional facility while the law enforcement officer or employee of a correctional facility is acting within the scope of his or her official duties and the person: (A) Is in custody as a result of a felony conviction; (B) Is unlawfully at liberty after being sentenced to imprisonment as a result of a felony conviction; (C) Has a felony conviction for a felony offense which contained as an element the use or threat of violence against another person or the creation of a substantial risk of death or serious physical injury to another person; (D) Knowingly creates a substantial risk of serious physical injury or death to a person other than the law enforcement officer or the employee of a correctional facility; (E) Causes the death of more than one (1) person; (F) Is acting with a purpose to avoid or prevent an arrest or to escape from custody; (G) Is acting with a purpose to obtain a pecuniary gain; or (H) Is acting with a purpose to disrupt or hinder the lawful exercise of any government or political function. (b) Aggravated assault upon a law enforcement officer or an employee of a correctional facility is: (1) A Class D felony under subdivision (a)(1) of this section; or (2) A Class Y felony under subdivision (a)(2) of this section. (c) As used in this section, "contact with" includes without limitation contact with the skin, a face covering, a glove, or the uniform of a law enforcement officer or employee of a correctional facility. Amended by Act 2021, No. 596,§ 1, eff. 4/6/2021. Amended by Act 2017, No. 367,§ 5, eff. 8/1/2017. Acts 1997, No. 1235, § 1; 2003, No. 1271, § 1; 2011, No. 277, § 1.

(a) A person commits aggravated assault upon a law enforcement officer or an employee of a correctional facility if: (1) Under circumstances manifesting extreme indifference to the personal hygiene of the law enforcement officer or employee of the correctional facility, the person purposely engages in conduct that creates a potential danger of infection to the law enforcement officer or an employee of any state or local correctional facility while the law enforcement officer or employee of the state or local correctional facility is engaged in the course of his or her employment by causing a person whom the actor knows to be a law enforcement officer or employee of the state or local correctional facility to come into contact with saliva, blood, urine, feces, seminal fluid, or other bodily fluid by purposely throwing, tossing, expelling, or otherwise transferring the fluid or material; or (2) He or she knowingly discharges a firearm with a purpose to cause serious physical injury or death to a law enforcement officer or an employee of a correctional facility while the law enforcement officer or employee of a correctional facility is acting within the scope of his or her official duties and the person: (A) Is in custody as a result of a felony conviction; (B) Is unlawfully at liberty after being sentenced to imprisonment as a result of a felony conviction; (C) Has a felony conviction for a felony offense which contained as an element the use or threat of violence against another person or the creation of a substantial risk of death or serious physical injury to another person; (D) Knowingly creates a substantial risk of serious physical injury or death to a person other than the law enforcement officer or the employee of a correctional facility; (E) Causes the death of more than one (1) person; (F) Is acting with a purpose to avoid or prevent an arrest or to escape from custody; (G) Is acting with a purpose to obtain a pecuniary gain; or (H) Is acting with a purpose to disrupt or hinder the lawful exercise of any government or political function.

(1) Under circumstances manifesting extreme indifference to the personal hygiene of the law enforcement officer or employee of the correctional facility, the person purposely engages in conduct that creates a potential danger of infection to the law enforcement officer or an employee of any state or local correctional facility while the law enforcement officer or employee of the state or local correctional facility is engaged in the course of his or her employment by causing a person whom the actor knows to be a law enforcement officer or employee of the state or local correctional facility to come into contact with saliva, blood, urine, feces, seminal fluid, or other bodily fluid by purposely throwing, tossing, expelling, or otherwise transferring the fluid or material; or

(2) He or she knowingly discharges a firearm with a purpose to cause serious physical injury or death to a law enforcement officer or an employee of a correctional facility while the law enforcement officer or employee of a correctional facility is acting within the scope of his or her official duties and the person: (A) Is in custody as a result of a felony conviction; (B) Is unlawfully at liberty after being sentenced to imprisonment as a result of a felony conviction; (C) Has a felony conviction for a felony offense which contained as an element the use or threat of violence against another person or the creation of a substantial risk of death or serious physical injury to another person; (D) Knowingly creates a substantial risk of serious physical injury or death to a person other than the law enforcement officer or the employee of a correctional facility; (E) Causes the death of more than one (1) person; (F) Is acting with a purpose to avoid or prevent an arrest or to escape from custody; (G) Is acting with a purpose to obtain a pecuniary gain; or (H) Is acting with a purpose to disrupt or hinder the lawful exercise of any government or political function.

(A) Is in custody as a result of a felony conviction;

(B) Is unlawfully at liberty after being sentenced to imprisonment as a result of a felony conviction;

(C) Has a felony conviction for a felony offense which contained as an element the use or threat of violence against another person or the creation of a substantial risk of death or serious physical injury to another person;

(D) Knowingly creates a substantial risk of serious physical injury or death to a person other than the law enforcement officer or the employee of a correctional facility;

(E) Causes the death of more than one (1) person;

(F) Is acting with a purpose to avoid or prevent an arrest or to escape from custody;

(G) Is acting with a purpose to obtain a pecuniary gain; or

(H) Is acting with a purpose to disrupt or hinder the lawful exercise of any government or political function.

(b) Aggravated assault upon a law enforcement officer or an employee of a correctional facility is: (1) A Class D felony under subdivision (a)(1) of this section; or (2) A Class Y felony under subdivision (a)(2) of this section.

(1) A Class D felony under subdivision (a)(1) of this section; or

(2) A Class Y felony under subdivision (a)(2) of this section.

(c) As used in this section, "contact with" includes without limitation contact with the skin, a face covering, a glove, or the uniform of a law enforcement officer or employee of a correctional facility.

Amended by Act 2021, No. 596,§ 1, eff. 4/6/2021.

Amended by Act 2017, No. 367,§ 5, eff. 8/1/2017.

Acts 1997, No. 1235, § 1; 2003, No. 1271, § 1; 2011, No. 277, § 1.
Ark. Code Ann. § 5-1-104 — AR Code / Title 5 / Chapter 1 / Section 5-1-104
Territorial applicability
Status: in_force

(a) A person may be convicted under a law of this state of an offense committed by his or her own or another person's conduct for which he or she is legally accountable if: (1) Either the conduct or a result that is an element of the offense occurs within this state; (2) Conduct occurring outside this state constitutes an attempt to commit an offense within this state; (3) Conduct occurring outside this state constitutes a conspiracy to commit an offense within this state and an overt act in furtherance of the conspiracy occurs within this state; (4) Conduct occurring within this state establishes complicity in the commission of, or an attempt, solicitation, or conspiracy to commit, an offense in another jurisdiction that is also an offense under the law of this state; (5) The offense consists of the omission to perform a legal duty imposed by a law of this state based on domicile, residence, or a relationship to a person, thing, or transaction in the state; or (6) The offense is defined by a statute of this state that expressly prohibits conduct outside the state and the conduct bears a reasonable relation to a legitimate interest of this state and the person knows or reasonably should know that his or her conduct is likely to affect that legitimate interest of this state. (b) When the offense is homicide, either the death of the victim or the physical contact causing death constitutes a "result" within the meaning of subdivision (a)(1) of this section. Amended by Act 2023, No. 736,§ 1, eff. 8/1/2023. Acts 1975, No. 280, § 103; A.S.A. 1947, § 41-103.

(a) A person may be convicted under a law of this state of an offense committed by his or her own or another person's conduct for which he or she is legally accountable if: (1) Either the conduct or a result that is an element of the offense occurs within this state; (2) Conduct occurring outside this state constitutes an attempt to commit an offense within this state; (3) Conduct occurring outside this state constitutes a conspiracy to commit an offense within this state and an overt act in furtherance of the conspiracy occurs within this state; (4) Conduct occurring within this state establishes complicity in the commission of, or an attempt, solicitation, or conspiracy to commit, an offense in another jurisdiction that is also an offense under the law of this state; (5) The offense consists of the omission to perform a legal duty imposed by a law of this state based on domicile, residence, or a relationship to a person, thing, or transaction in the state; or (6) The offense is defined by a statute of this state that expressly prohibits conduct outside the state and the conduct bears a reasonable relation to a legitimate interest of this state and the person knows or reasonably should know that his or her conduct is likely to affect that legitimate interest of this state.

(1) Either the conduct or a result that is an element of the offense occurs within this state;

(2) Conduct occurring outside this state constitutes an attempt to commit an offense within this state;

(3) Conduct occurring outside this state constitutes a conspiracy to commit an offense within this state and an overt act in furtherance of the conspiracy occurs within this state;

(4) Conduct occurring within this state establishes complicity in the commission of, or an attempt, solicitation, or conspiracy to commit, an offense in another jurisdiction that is also an offense under the law of this state;

(5) The offense consists of the omission to perform a legal duty imposed by a law of this state based on domicile, residence, or a relationship to a person, thing, or transaction in the state; or

(6) The offense is defined by a statute of this state that expressly prohibits conduct outside the state and the conduct bears a reasonable relation to a legitimate interest of this state and the person knows or reasonably should know that his or her conduct is likely to affect that legitimate interest of this state.

(b) When the offense is homicide, either the death of the victim or the physical contact causing death constitutes a "result" within the meaning of subdivision (a)(1) of this section.

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

Acts 1975, No. 280, § 103; A.S.A. 1947, § 41-103.