Ark. Code Ann. § 5-4-104 — AR Code / Title 5 / Chapter 4 / Subchapter 1 / Section 5-4-104
Authorized sentences generally
Status: in_force

(a) No defendant convicted of an offense shall be sentenced otherwise than in accordance with this chapter. (b) A defendant convicted of capital murder, § 5-10-101 , or treason, § 5-51-201 , shall be sentenced to death or life imprisonment without parole in accordance with §§ 5-4-601 - 5-4-605 , 5-4-607 , and 5-4-608 , except if the defendant was younger than eighteen (18) years of age at the time he or she committed the capital murder or treason he or she shall be sentenced to life imprisonment with the possibility of parole after serving a minimum of thirty (30) years' imprisonment. (c) (1) (A) Except as provided under subdivision (c)(2) of this section, a defendant convicted of a Class Y felony, murder in the second degree, § 5-10-103 , or a felony ineligible to receive earned release credits as defined in § 16-93-1802 , shall be sentenced to a term of imprisonment in accordance with §§ 5-4-401 - 5-4-404 . (B) In addition to imposing a term of imprisonment, the trial court may sentence a defendant convicted of a Class Y felony or murder in the second degree, § 5-10-103 , or a felony ineligible to receive earned release credits as defined in § 16-93-1802 , to any one (1) or more of the following: (i) Pay a fine as authorized by §§ 5-4-201 and 5-4-202 ; (ii) Make restitution as authorized by § 5-4-205 ; or (iii) Suspend imposition of an additional term of imprisonment, as authorized by subdivision (e)(3) of this section. (C) (i) In addition to the term of imprisonment imposed by the trial court, the trial court shall impose a period of post-release supervision for any defendant sentenced to a felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 , who is not sentenced to the statutory maximum for the offense. (ii) The Post-Prison Transfer Board shall set the terms and conditions of post-release supervision for a defendant subject to subdivision (c)(1)(C)(i) of this section before the defendant's release from imprisonment. (iii) The maximum terms of post-release supervision that may be imposed under subdivision (c)(1)(C)(i) of this section are: (a) For a Class Y felony, seven (7) years; (b) For a Class A felony, a Class B felony, or an unclassified felony with a maximum term of imprisonment exceeding ten (10) years, five (5) years; and (c) For all other felonies, three (3) years. (iv) A term of post-release supervision, when aggregated with the term of imprisonment imposed by the trial court, shall not exceed the statutory maximum for the offense. (v) When a defendant is subject to an additional term of post-release supervision on a sentence for which he or she is required to serve one hundred percent (100%) of the term of imprisonment imposed by the sentencing court, the jury shall be instructed as to the potential additional term of post-release supervision. (2) A defendant who was eighteen (18) years of age or older at the time of the offense and who was convicted of one (1) or more of the following Class Y felonies in which the victim was less than fourteen (14) years of age at the time of the offense shall be sentenced to life without the possibility of parole: (A) Rape involving forcible compulsion, § 5-14-103(a)(1) ; (B) Trafficking of persons, § 5-18-103 ; (C) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (D) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (E) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; and (F) Computer exploitation of a child in the first degree, § 5-27-605 . (d) A defendant convicted of an offense other than a Class Y felony, capital murder, § 5-10-101 , treason, § 5-51-201 , murder in the second degree, § 5-10-103 , or a felony ineligible to receive earned release credits as defined in § 16-93-1802 , may be sentenced to any one (1) or more of the following, except as precluded by subsection (e) of this section: (1) Imprisonment as authorized by §§ 5-4-401 - 5-4-404 ; (2) Probation as authorized by §§ 5-4-301 - 5-4-307 and 16-93-306 - 16-93-314 ; (3) Payment of a fine as authorized by §§ 5-4-201 and 5-4-202 ; (4) Restitution as authorized by a provision of § 5-4-205 ; or (5) Imprisonment and payment of a fine. (e) (1) (A) The court shall not suspend imposition of sentence as to a term of imprisonment nor place the defendant on probation for the following offenses: (i) Capital murder, § 5-10-101 ; (ii) Treason, § 5-51-201 ; (iii) A Class Y felony, except to the extent suspension of an additional term of imprisonment is permitted in subsection (c) of this section; (iv) Driving or boating while intoxicated, § 5-65-103 ; (v) Murder in the second degree, § 5-10-103 , except to the extent suspension of an additional term of imprisonment is permitted in subsection (c) of this section; (vi) Engaging in a continuing criminal enterprise, § 5-64-405 ; (vii) Furnishing a prohibited article, possessing a prohibited article, using a prohibited article, or delivering a prohibited article, § 5-54-119 ; or (viii) A felony ineligible to receive earned release credits as defined in § 16-93-1802 . (B) (i) In any other case, the court may suspend imposition of sentence or place the defendant on probation, in accordance with §§ 5-4-301 - 5-4-307 and 16-93-306 - 16-93-314 , except as otherwise specifically prohibited by statute. (ii) The court may not suspend execution of sentence. (2) If the offense is punishable by fine and imprisonment, the court may sentence the defendant to pay a fine and suspend imposition of the sentence as to imprisonment or place the defendant on probation. (3) (A) The court may sentence the defendant to a term of imprisonment and suspend imposition of sentence as to an additional term of imprisonment. (B) However, the court shall not sentence a defendant to imprisonment and place him or her on probation, except as authorized by § 5-4-304 . (C) This subdivision (e)(3) does not prohibit a period of post-release supervision as authorized in § 16-93-1801 et seq. and § 16-93-1901 et seq. (f) (1) If the court determines that an offender under eighteen (18) years of age would be more amenable to a rehabilitation program of the Division of Youth Services and that he or she previously has not been committed to the Division of Youth Services on more than one (1) occasion, the court may sentence the offender under eighteen (18) years of age to the Division of Correction for a term of years, suspend the sentence, and commit him or her to the custody of the Division of Youth Services. (2) In a case under subdivision (f)(1) of this section, if the offender under eighteen (18) years of age completes the program of the Division of Youth Services satisfactorily, the Division of Youth Services shall return him or her to the sentencing court and provide the sentencing court with a written report of his or her progress and a recommendation that the offender under eighteen (18) years of age be placed on probation. (3) (A) In the event that the offender under eighteen (18) years of age violates a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the Division of Youth Services may return him or her to the sentencing court with a written report of his or her conduct and a recommendation that the offender under eighteen (18) years of age be transferred to the Division of Correction. (B) If the court finds that the offender under eighteen (18) years of age has violated a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the court shall then revoke the suspension of the sentence originally imposed and commit the offender under eighteen (18) years of age to the Division of Correction. (g) This chapter does not deprive the court of any authority conferred by law to: (1) Order a forfeiture of property; (2) Suspend or cancel a license; (3) Dissolve a corporation; (4) Remove a person from office; (5) Cite for contempt; (6) Impose any civil penalty; or (7) Assess costs as set forth in subsection (h) of this section. (h) A defendant convicted of violating § 5-11-106 , in which a minor was unlawfully detained, restrained, taken, enticed, or kept, may be assessed and ordered to pay expenses incurred by a law enforcement agency, the Department of Human Services, or the lawful custodian in searching for or returning the minor to the lawful custodian. Amended by Act 2023, No. 659,§ 5, eff. 1/1/2024. Amended by Act 2021, No. 1102,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 648, eff. 7/1/2019. Amended by Act 2017, No. 539,§ 3, eff. 3/20/2017. Amended by Act 2015, No. 299,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1490,§ 2, eff. 8/16/2013. Acts 1975, No. 280, § 803; 1981, No. 620, § 7; 1983, No. 409, § 1; A.S.A. 1947, § 41-803; Acts 1987, No. 487, § 1; 1991, No. 608, §§ 1, 2; 1993, No. 192, § 1; 1993, No. 532, §§ 5, 9; 1993, No. 533, §§ 2, 3; 1993, No. 550, §§ 5, 9; 1993, No. 553, §§ 2, 3; 2001, No. 559, § 8; 2009, No. 748, § 3; 2011, No. 570, §§ 3, 4; 2011, No. 1120, §§ 1, 2.

(a) No defendant convicted of an offense shall be sentenced otherwise than in accordance with this chapter.

(b) A defendant convicted of capital murder, § 5-10-101 , or treason, § 5-51-201 , shall be sentenced to death or life imprisonment without parole in accordance with §§ 5-4-601 - 5-4-605 , 5-4-607 , and 5-4-608 , except if the defendant was younger than eighteen (18) years of age at the time he or she committed the capital murder or treason he or she shall be sentenced to life imprisonment with the possibility of parole after serving a minimum of thirty (30) years' imprisonment.

(c) (1) (A) Except as provided under subdivision (c)(2) of this section, a defendant convicted of a Class Y felony, murder in the second degree, § 5-10-103 , or a felony ineligible to receive earned release credits as defined in § 16-93-1802 , shall be sentenced to a term of imprisonment in accordance with §§ 5-4-401 - 5-4-404 . (B) In addition to imposing a term of imprisonment, the trial court may sentence a defendant convicted of a Class Y felony or murder in the second degree, § 5-10-103 , or a felony ineligible to receive earned release credits as defined in § 16-93-1802 , to any one (1) or more of the following: (i) Pay a fine as authorized by §§ 5-4-201 and 5-4-202 ; (ii) Make restitution as authorized by § 5-4-205 ; or (iii) Suspend imposition of an additional term of imprisonment, as authorized by subdivision (e)(3) of this section. (C) (i) In addition to the term of imprisonment imposed by the trial court, the trial court shall impose a period of post-release supervision for any defendant sentenced to a felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 , who is not sentenced to the statutory maximum for the offense. (ii) The Post-Prison Transfer Board shall set the terms and conditions of post-release supervision for a defendant subject to subdivision (c)(1)(C)(i) of this section before the defendant's release from imprisonment. (iii) The maximum terms of post-release supervision that may be imposed under subdivision (c)(1)(C)(i) of this section are: (a) For a Class Y felony, seven (7) years; (b) For a Class A felony, a Class B felony, or an unclassified felony with a maximum term of imprisonment exceeding ten (10) years, five (5) years; and (c) For all other felonies, three (3) years. (iv) A term of post-release supervision, when aggregated with the term of imprisonment imposed by the trial court, shall not exceed the statutory maximum for the offense. (v) When a defendant is subject to an additional term of post-release supervision on a sentence for which he or she is required to serve one hundred percent (100%) of the term of imprisonment imposed by the sentencing court, the jury shall be instructed as to the potential additional term of post-release supervision. (2) A defendant who was eighteen (18) years of age or older at the time of the offense and who was convicted of one (1) or more of the following Class Y felonies in which the victim was less than fourteen (14) years of age at the time of the offense shall be sentenced to life without the possibility of parole: (A) Rape involving forcible compulsion, § 5-14-103(a)(1) ; (B) Trafficking of persons, § 5-18-103 ; (C) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (D) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (E) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; and (F) Computer exploitation of a child in the first degree, § 5-27-605 .

(1) (A) Except as provided under subdivision (c)(2) of this section, a defendant convicted of a Class Y felony, murder in the second degree, § 5-10-103 , or a felony ineligible to receive earned release credits as defined in § 16-93-1802 , shall be sentenced to a term of imprisonment in accordance with §§ 5-4-401 - 5-4-404 . (B) In addition to imposing a term of imprisonment, the trial court may sentence a defendant convicted of a Class Y felony or murder in the second degree, § 5-10-103 , or a felony ineligible to receive earned release credits as defined in § 16-93-1802 , to any one (1) or more of the following: (i) Pay a fine as authorized by §§ 5-4-201 and 5-4-202 ; (ii) Make restitution as authorized by § 5-4-205 ; or (iii) Suspend imposition of an additional term of imprisonment, as authorized by subdivision (e)(3) of this section. (C) (i) In addition to the term of imprisonment imposed by the trial court, the trial court shall impose a period of post-release supervision for any defendant sentenced to a felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 , who is not sentenced to the statutory maximum for the offense. (ii) The Post-Prison Transfer Board shall set the terms and conditions of post-release supervision for a defendant subject to subdivision (c)(1)(C)(i) of this section before the defendant's release from imprisonment. (iii) The maximum terms of post-release supervision that may be imposed under subdivision (c)(1)(C)(i) of this section are: (a) For a Class Y felony, seven (7) years; (b) For a Class A felony, a Class B felony, or an unclassified felony with a maximum term of imprisonment exceeding ten (10) years, five (5) years; and (c) For all other felonies, three (3) years. (iv) A term of post-release supervision, when aggregated with the term of imprisonment imposed by the trial court, shall not exceed the statutory maximum for the offense. (v) When a defendant is subject to an additional term of post-release supervision on a sentence for which he or she is required to serve one hundred percent (100%) of the term of imprisonment imposed by the sentencing court, the jury shall be instructed as to the potential additional term of post-release supervision.

(A) Except as provided under subdivision (c)(2) of this section, a defendant convicted of a Class Y felony, murder in the second degree, § 5-10-103 , or a felony ineligible to receive earned release credits as defined in § 16-93-1802 , shall be sentenced to a term of imprisonment in accordance with §§ 5-4-401 - 5-4-404 .

(B) In addition to imposing a term of imprisonment, the trial court may sentence a defendant convicted of a Class Y felony or murder in the second degree, § 5-10-103 , or a felony ineligible to receive earned release credits as defined in § 16-93-1802 , to any one (1) or more of the following: (i) Pay a fine as authorized by §§ 5-4-201 and 5-4-202 ; (ii) Make restitution as authorized by § 5-4-205 ; or (iii) Suspend imposition of an additional term of imprisonment, as authorized by subdivision (e)(3) of this section.

(i) Pay a fine as authorized by §§ 5-4-201 and 5-4-202 ;

(ii) Make restitution as authorized by § 5-4-205 ; or

(iii) Suspend imposition of an additional term of imprisonment, as authorized by subdivision (e)(3) of this section.

(C) (i) In addition to the term of imprisonment imposed by the trial court, the trial court shall impose a period of post-release supervision for any defendant sentenced to a felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 , who is not sentenced to the statutory maximum for the offense. (ii) The Post-Prison Transfer Board shall set the terms and conditions of post-release supervision for a defendant subject to subdivision (c)(1)(C)(i) of this section before the defendant's release from imprisonment. (iii) The maximum terms of post-release supervision that may be imposed under subdivision (c)(1)(C)(i) of this section are: (a) For a Class Y felony, seven (7) years; (b) For a Class A felony, a Class B felony, or an unclassified felony with a maximum term of imprisonment exceeding ten (10) years, five (5) years; and (c) For all other felonies, three (3) years. (iv) A term of post-release supervision, when aggregated with the term of imprisonment imposed by the trial court, shall not exceed the statutory maximum for the offense. (v) When a defendant is subject to an additional term of post-release supervision on a sentence for which he or she is required to serve one hundred percent (100%) of the term of imprisonment imposed by the sentencing court, the jury shall be instructed as to the potential additional term of post-release supervision.

(i) In addition to the term of imprisonment imposed by the trial court, the trial court shall impose a period of post-release supervision for any defendant sentenced to a felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 , who is not sentenced to the statutory maximum for the offense.

(ii) The Post-Prison Transfer Board shall set the terms and conditions of post-release supervision for a defendant subject to subdivision (c)(1)(C)(i) of this section before the defendant's release from imprisonment.

(iii) The maximum terms of post-release supervision that may be imposed under subdivision (c)(1)(C)(i) of this section are: (a) For a Class Y felony, seven (7) years; (b) For a Class A felony, a Class B felony, or an unclassified felony with a maximum term of imprisonment exceeding ten (10) years, five (5) years; and (c) For all other felonies, three (3) years.

(a) For a Class Y felony, seven (7) years;

(b) For a Class A felony, a Class B felony, or an unclassified felony with a maximum term of imprisonment exceeding ten (10) years, five (5) years; and

(c) For all other felonies, three (3) years.

(iv) A term of post-release supervision, when aggregated with the term of imprisonment imposed by the trial court, shall not exceed the statutory maximum for the offense.

(v) When a defendant is subject to an additional term of post-release supervision on a sentence for which he or she is required to serve one hundred percent (100%) of the term of imprisonment imposed by the sentencing court, the jury shall be instructed as to the potential additional term of post-release supervision.

(2) A defendant who was eighteen (18) years of age or older at the time of the offense and who was convicted of one (1) or more of the following Class Y felonies in which the victim was less than fourteen (14) years of age at the time of the offense shall be sentenced to life without the possibility of parole: (A) Rape involving forcible compulsion, § 5-14-103(a)(1) ; (B) Trafficking of persons, § 5-18-103 ; (C) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (D) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (E) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; and (F) Computer exploitation of a child in the first degree, § 5-27-605 .

(A) Rape involving forcible compulsion, § 5-14-103(a)(1) ;

(B) Trafficking of persons, § 5-18-103 ;

(C) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ;

(D) Transportation of minors for prohibited sexual conduct, § 5-27-305 ;

(E) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; and

(F) Computer exploitation of a child in the first degree, § 5-27-605 .

(d) A defendant convicted of an offense other than a Class Y felony, capital murder, § 5-10-101 , treason, § 5-51-201 , murder in the second degree, § 5-10-103 , or a felony ineligible to receive earned release credits as defined in § 16-93-1802 , may be sentenced to any one (1) or more of the following, except as precluded by subsection (e) of this section: (1) Imprisonment as authorized by §§ 5-4-401 - 5-4-404 ; (2) Probation as authorized by §§ 5-4-301 - 5-4-307 and 16-93-306 - 16-93-314 ; (3) Payment of a fine as authorized by §§ 5-4-201 and 5-4-202 ; (4) Restitution as authorized by a provision of § 5-4-205 ; or (5) Imprisonment and payment of a fine.

(1) Imprisonment as authorized by §§ 5-4-401 - 5-4-404 ;

(2) Probation as authorized by §§ 5-4-301 - 5-4-307 and 16-93-306 - 16-93-314 ;

(3) Payment of a fine as authorized by §§ 5-4-201 and 5-4-202 ;

(4) Restitution as authorized by a provision of § 5-4-205 ; or

(5) Imprisonment and payment of a fine.

(e) (1) (A) The court shall not suspend imposition of sentence as to a term of imprisonment nor place the defendant on probation for the following offenses: (i) Capital murder, § 5-10-101 ; (ii) Treason, § 5-51-201 ; (iii) A Class Y felony, except to the extent suspension of an additional term of imprisonment is permitted in subsection (c) of this section; (iv) Driving or boating while intoxicated, § 5-65-103 ; (v) Murder in the second degree, § 5-10-103 , except to the extent suspension of an additional term of imprisonment is permitted in subsection (c) of this section; (vi) Engaging in a continuing criminal enterprise, § 5-64-405 ; (vii) Furnishing a prohibited article, possessing a prohibited article, using a prohibited article, or delivering a prohibited article, § 5-54-119 ; or (viii) A felony ineligible to receive earned release credits as defined in § 16-93-1802 . (B) (i) In any other case, the court may suspend imposition of sentence or place the defendant on probation, in accordance with §§ 5-4-301 - 5-4-307 and 16-93-306 - 16-93-314 , except as otherwise specifically prohibited by statute. (ii) The court may not suspend execution of sentence. (2) If the offense is punishable by fine and imprisonment, the court may sentence the defendant to pay a fine and suspend imposition of the sentence as to imprisonment or place the defendant on probation. (3) (A) The court may sentence the defendant to a term of imprisonment and suspend imposition of sentence as to an additional term of imprisonment. (B) However, the court shall not sentence a defendant to imprisonment and place him or her on probation, except as authorized by § 5-4-304 . (C) This subdivision (e)(3) does not prohibit a period of post-release supervision as authorized in § 16-93-1801 et seq. and § 16-93-1901 et seq.

(1) (A) The court shall not suspend imposition of sentence as to a term of imprisonment nor place the defendant on probation for the following offenses: (i) Capital murder, § 5-10-101 ; (ii) Treason, § 5-51-201 ; (iii) A Class Y felony, except to the extent suspension of an additional term of imprisonment is permitted in subsection (c) of this section; (iv) Driving or boating while intoxicated, § 5-65-103 ; (v) Murder in the second degree, § 5-10-103 , except to the extent suspension of an additional term of imprisonment is permitted in subsection (c) of this section; (vi) Engaging in a continuing criminal enterprise, § 5-64-405 ; (vii) Furnishing a prohibited article, possessing a prohibited article, using a prohibited article, or delivering a prohibited article, § 5-54-119 ; or (viii) A felony ineligible to receive earned release credits as defined in § 16-93-1802 . (B) (i) In any other case, the court may suspend imposition of sentence or place the defendant on probation, in accordance with §§ 5-4-301 - 5-4-307 and 16-93-306 - 16-93-314 , except as otherwise specifically prohibited by statute. (ii) The court may not suspend execution of sentence.

(A) The court shall not suspend imposition of sentence as to a term of imprisonment nor place the defendant on probation for the following offenses: (i) Capital murder, § 5-10-101 ; (ii) Treason, § 5-51-201 ; (iii) A Class Y felony, except to the extent suspension of an additional term of imprisonment is permitted in subsection (c) of this section; (iv) Driving or boating while intoxicated, § 5-65-103 ; (v) Murder in the second degree, § 5-10-103 , except to the extent suspension of an additional term of imprisonment is permitted in subsection (c) of this section; (vi) Engaging in a continuing criminal enterprise, § 5-64-405 ; (vii) Furnishing a prohibited article, possessing a prohibited article, using a prohibited article, or delivering a prohibited article, § 5-54-119 ; or (viii) A felony ineligible to receive earned release credits as defined in § 16-93-1802 .

(i) Capital murder, § 5-10-101 ;

(ii) Treason, § 5-51-201 ;

(iii) A Class Y felony, except to the extent suspension of an additional term of imprisonment is permitted in subsection (c) of this section;

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

(v) Murder in the second degree, § 5-10-103 , except to the extent suspension of an additional term of imprisonment is permitted in subsection (c) of this section;

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

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

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

(B) (i) In any other case, the court may suspend imposition of sentence or place the defendant on probation, in accordance with §§ 5-4-301 - 5-4-307 and 16-93-306 - 16-93-314 , except as otherwise specifically prohibited by statute. (ii) The court may not suspend execution of sentence.

(i) In any other case, the court may suspend imposition of sentence or place the defendant on probation, in accordance with §§ 5-4-301 - 5-4-307 and 16-93-306 - 16-93-314 , except as otherwise specifically prohibited by statute.

(ii) The court may not suspend execution of sentence.

(2) If the offense is punishable by fine and imprisonment, the court may sentence the defendant to pay a fine and suspend imposition of the sentence as to imprisonment or place the defendant on probation.

(3) (A) The court may sentence the defendant to a term of imprisonment and suspend imposition of sentence as to an additional term of imprisonment. (B) However, the court shall not sentence a defendant to imprisonment and place him or her on probation, except as authorized by § 5-4-304 . (C) This subdivision (e)(3) does not prohibit a period of post-release supervision as authorized in § 16-93-1801 et seq. and § 16-93-1901 et seq.

(A) The court may sentence the defendant to a term of imprisonment and suspend imposition of sentence as to an additional term of imprisonment.

(B) However, the court shall not sentence a defendant to imprisonment and place him or her on probation, except as authorized by § 5-4-304 .

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

(f) (1) If the court determines that an offender under eighteen (18) years of age would be more amenable to a rehabilitation program of the Division of Youth Services and that he or she previously has not been committed to the Division of Youth Services on more than one (1) occasion, the court may sentence the offender under eighteen (18) years of age to the Division of Correction for a term of years, suspend the sentence, and commit him or her to the custody of the Division of Youth Services. (2) In a case under subdivision (f)(1) of this section, if the offender under eighteen (18) years of age completes the program of the Division of Youth Services satisfactorily, the Division of Youth Services shall return him or her to the sentencing court and provide the sentencing court with a written report of his or her progress and a recommendation that the offender under eighteen (18) years of age be placed on probation. (3) (A) In the event that the offender under eighteen (18) years of age violates a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the Division of Youth Services may return him or her to the sentencing court with a written report of his or her conduct and a recommendation that the offender under eighteen (18) years of age be transferred to the Division of Correction. (B) If the court finds that the offender under eighteen (18) years of age has violated a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the court shall then revoke the suspension of the sentence originally imposed and commit the offender under eighteen (18) years of age to the Division of Correction.

(1) If the court determines that an offender under eighteen (18) years of age would be more amenable to a rehabilitation program of the Division of Youth Services and that he or she previously has not been committed to the Division of Youth Services on more than one (1) occasion, the court may sentence the offender under eighteen (18) years of age to the Division of Correction for a term of years, suspend the sentence, and commit him or her to the custody of the Division of Youth Services.

(2) In a case under subdivision (f)(1) of this section, if the offender under eighteen (18) years of age completes the program of the Division of Youth Services satisfactorily, the Division of Youth Services shall return him or her to the sentencing court and provide the sentencing court with a written report of his or her progress and a recommendation that the offender under eighteen (18) years of age be placed on probation.

(3) (A) In the event that the offender under eighteen (18) years of age violates a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the Division of Youth Services may return him or her to the sentencing court with a written report of his or her conduct and a recommendation that the offender under eighteen (18) years of age be transferred to the Division of Correction. (B) If the court finds that the offender under eighteen (18) years of age has violated a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the court shall then revoke the suspension of the sentence originally imposed and commit the offender under eighteen (18) years of age to the Division of Correction.

(A) In the event that the offender under eighteen (18) years of age violates a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the Division of Youth Services may return him or her to the sentencing court with a written report of his or her conduct and a recommendation that the offender under eighteen (18) years of age be transferred to the Division of Correction.

(B) If the court finds that the offender under eighteen (18) years of age has violated a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the court shall then revoke the suspension of the sentence originally imposed and commit the offender under eighteen (18) years of age to the Division of Correction.

(g) This chapter does not deprive the court of any authority conferred by law to: (1) Order a forfeiture of property; (2) Suspend or cancel a license; (3) Dissolve a corporation; (4) Remove a person from office; (5) Cite for contempt; (6) Impose any civil penalty; or (7) Assess costs as set forth in subsection (h) of this section.

(1) Order a forfeiture of property;

(2) Suspend or cancel a license;

(3) Dissolve a corporation;

(4) Remove a person from office;

(5) Cite for contempt;

(6) Impose any civil penalty; or

(7) Assess costs as set forth in subsection (h) of this section.

(h) A defendant convicted of violating § 5-11-106 , in which a minor was unlawfully detained, restrained, taken, enticed, or kept, may be assessed and ordered to pay expenses incurred by a law enforcement agency, the Department of Human Services, or the lawful custodian in searching for or returning the minor to the lawful custodian.

Amended by Act 2023, No. 659,§ 5, eff. 1/1/2024.

Amended by Act 2021, No. 1102,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 648, eff. 7/1/2019.

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

Amended by Act 2015, No. 299,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1490,§ 2, eff. 8/16/2013.

Acts 1975, No. 280, § 803; 1981, No. 620, § 7; 1983, No. 409, § 1; A.S.A. 1947, § 41-803; Acts 1987, No. 487, § 1; 1991, No. 608, §§ 1, 2; 1993, No. 192, § 1; 1993, No. 532, §§ 5, 9; 1993, No. 533, §§ 2, 3; 1993, No. 550, §§ 5, 9; 1993, No. 553, §§ 2, 3; 2001, No. 559, § 8; 2009, No. 748, § 3; 2011, No. 570, §§ 3, 4; 2011, No. 1120, §§ 1, 2.
Ark. Code Ann. § 5-26-304 — AR Code / Title 5 / Chapter 26 / Subchapter 3 / Section 5-26-304
Domestic battering in the second degree
Status: in_force

(a) A person commits domestic battering in the second degree if: (1) With the purpose of causing physical injury to a family or household member, the person causes serious physical injury to a family or household member; (2) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member by means of a deadly weapon; (3) The person recklessly causes serious physical injury to a family or household member: (A) By means of a deadly weapon; or (B) Who is four (4) years of age or younger; or (4) The person knowingly causes physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger. (b) (1) Domestic battering in the second degree is a Class C felony. (2) However, domestic battering in the second degree is a Class B felony if: (A) Committed against a woman the person knew or reasonably should have known was pregnant; or (B) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the second degree: (i) Domestic battering in the first degree, § 5-26-303 ; (ii) Domestic battering in the second degree; (iii) Domestic battering in the third degree, § 5-26-305 ; (iv) Aggravated assault on a family or household member, § 5-26-306 ; or (v) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction. Amended by Act 2023, No. 849,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 736,§ 6, eff. 8/1/2023. Amended by Act 2021, No. 1086,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 512,§ 2, eff. 7/28/2021. Amended by Act 2013, No. 417,§ 2, eff. 8/16/2013. Acts 1979, No. 396, § 2; A.S.A. 1947, § 41-1654; Acts 1995, No. 1291, § 2; 1999, No. 1365, § 2; 2001, No. 1553, § 9; 2003, No. 944, § 2; 2003, No. 1079, § 1; 2005, No. 1994, § 481; 2009, No. 194, § 2.

(a) A person commits domestic battering in the second degree if: (1) With the purpose of causing physical injury to a family or household member, the person causes serious physical injury to a family or household member; (2) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member by means of a deadly weapon; (3) The person recklessly causes serious physical injury to a family or household member: (A) By means of a deadly weapon; or (B) Who is four (4) years of age or younger; or (4) The person knowingly causes physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger.

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

(2) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member by means of a deadly weapon;

(3) The person recklessly causes serious physical injury to a family or household member: (A) By means of a deadly weapon; or (B) Who is four (4) years of age or younger; or

(A) By means of a deadly weapon; or

(B) Who is four (4) years of age or younger; or

(4) The person knowingly causes physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger.

(b) (1) Domestic battering in the second degree is a Class C felony. (2) However, domestic battering in the second degree is a Class B felony if: (A) Committed against a woman the person knew or reasonably should have known was pregnant; or (B) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the second degree: (i) Domestic battering in the first degree, § 5-26-303 ; (ii) Domestic battering in the second degree; (iii) Domestic battering in the third degree, § 5-26-305 ; (iv) Aggravated assault on a family or household member, § 5-26-306 ; or (v) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction.

(1) Domestic battering in the second degree is a Class C felony.

(2) However, domestic battering in the second degree is a Class B felony if: (A) Committed against a woman the person knew or reasonably should have known was pregnant; or (B) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the second degree: (i) Domestic battering in the first degree, § 5-26-303 ; (ii) Domestic battering in the second degree; (iii) Domestic battering in the third degree, § 5-26-305 ; (iv) Aggravated assault on a family or household member, § 5-26-306 ; or (v) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction.

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

(B) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the second degree: (i) Domestic battering in the first degree, § 5-26-303 ; (ii) Domestic battering in the second degree; (iii) Domestic battering in the third degree, § 5-26-305 ; (iv) Aggravated assault on a family or household member, § 5-26-306 ; or (v) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction.

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

(ii) Domestic battering in the second degree;

(iii) Domestic battering in the third degree, § 5-26-305 ;

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

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

Amended by Act 2023, No. 849,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 736,§ 6, eff. 8/1/2023.

Amended by Act 2021, No. 1086,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 512,§ 2, eff. 7/28/2021.

Amended by Act 2013, No. 417,§ 2, eff. 8/16/2013.

Acts 1979, No. 396, § 2; A.S.A. 1947, § 41-1654; Acts 1995, No. 1291, § 2; 1999, No. 1365, § 2; 2001, No. 1553, § 9; 2003, No. 944, § 2; 2003, No. 1079, § 1; 2005, No. 1994, § 481; 2009, No. 194, § 2.
Ark. Code Ann. § 5-65-206 — AR Code / Title 5 / Chapter 65 / Subchapter 2 / Section 5-65-206
Evidence in prosecution - Presumptions
Status: in_force

(a) (1) It is presumed at the trial of a person who is charged with a violation of § 5-65-103 that the person was not intoxicated if the alcohol concentration of the person's blood, urine, breath, or other bodily substance is four hundredths (0.04) or less by weight as shown by chemical analysis at the time of or within four (4) hours after the alleged offense. (2) A presumption does not exist if at the time of the alleged offense the person has an alcohol concentration of more than four hundredths (0.04) but less than eight hundredths (0.08) by weight of alcohol in the defendant's blood, urine, breath, or other bodily substance, although this fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. (b) The provisions of subsection (a) of this section shall not limit the introduction of other relevant evidence offered to show whether or not the defendant was intoxicated. (c) The chemical analysis referred to in this section shall be made by a method approved by the State Board of Health. (d) (1) Except as provided in subsection (e) of this section, a record or report of a certification, rule, evidence analysis, or other document pertaining to work performed by the Office of Alcohol Testing of the Department of Health under the authority of this chapter shall be received as competent evidence as to the matters contained in the record or report in a court of this state, subject to the applicable rules of criminal procedure when duly attested to by the Director of the Office of Alcohol Testing of the Department of Health or his or her assistant, in the form of an original signature or by certification of a copy. (2) An instrument performing the chemical analysis shall have been duly certified at least one (1) time in the last three (3) months preceding arrest, and the operator of the instrument shall have been properly trained and certified. (3) (A) A person charged with violating § 5-65-103 has the right to cross-examine or call as a witness: (i) The person who calibrates the instrument conducting a chemical analysis of the person's bodily substances; (ii) The operator of the instrument conducting a chemical analysis of the person's bodily substances; or (iii) A representative of the office. (B) (i) The prosecuting attorney or the defendant may compel the testimony of a person listed in subdivision (d)(3)(A) of this section by a subpoena issued to that person at least ten (10) days before the date of the hearing or trial. (ii) The person whose testimony is compelled shall have with him or her the record or report at issue, and the record or report is admissible at the hearing or trial. (e) The admissibility of a chemical analysis that determines the presence in a person's blood, urine, breath, or other bodily substance of a controlled substance or other intoxicant that is not alcohol is governed by § 12-12-313 when that chemical analysis is performed by the State Crime Laboratory and when the chemical analysis is being used in a criminal prosecution under § 5-65-103 , § 5-65-303 , or § 5-10-105 . Amended by Act 2015, No. 299,§ 10, eff. 7/22/2015. Acts 1957, No. 346, § 1; 1961, No. 215, § 1; 1969, No. 17, § 1; 1971, No. 578, § 1; 1983, No. 549, § 12; A.S.A. 1947, § 75-1031.1; Acts 1989, No. 928, § 1; 1999, No. 462, § 1; 2001, No. 561, §§ 11, 12; 2005, No. 886, § 2; 2007, No. 650, § 1; 2009, No. 748, § 31.

(a) (1) It is presumed at the trial of a person who is charged with a violation of § 5-65-103 that the person was not intoxicated if the alcohol concentration of the person's blood, urine, breath, or other bodily substance is four hundredths (0.04) or less by weight as shown by chemical analysis at the time of or within four (4) hours after the alleged offense. (2) A presumption does not exist if at the time of the alleged offense the person has an alcohol concentration of more than four hundredths (0.04) but less than eight hundredths (0.08) by weight of alcohol in the defendant's blood, urine, breath, or other bodily substance, although this fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.

(1) It is presumed at the trial of a person who is charged with a violation of § 5-65-103 that the person was not intoxicated if the alcohol concentration of the person's blood, urine, breath, or other bodily substance is four hundredths (0.04) or less by weight as shown by chemical analysis at the time of or within four (4) hours after the alleged offense.

(2) A presumption does not exist if at the time of the alleged offense the person has an alcohol concentration of more than four hundredths (0.04) but less than eight hundredths (0.08) by weight of alcohol in the defendant's blood, urine, breath, or other bodily substance, although this fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.

(b) The provisions of subsection (a) of this section shall not limit the introduction of other relevant evidence offered to show whether or not the defendant was intoxicated.

(c) The chemical analysis referred to in this section shall be made by a method approved by the State Board of Health.

(d) (1) Except as provided in subsection (e) of this section, a record or report of a certification, rule, evidence analysis, or other document pertaining to work performed by the Office of Alcohol Testing of the Department of Health under the authority of this chapter shall be received as competent evidence as to the matters contained in the record or report in a court of this state, subject to the applicable rules of criminal procedure when duly attested to by the Director of the Office of Alcohol Testing of the Department of Health or his or her assistant, in the form of an original signature or by certification of a copy. (2) An instrument performing the chemical analysis shall have been duly certified at least one (1) time in the last three (3) months preceding arrest, and the operator of the instrument shall have been properly trained and certified. (3) (A) A person charged with violating § 5-65-103 has the right to cross-examine or call as a witness: (i) The person who calibrates the instrument conducting a chemical analysis of the person's bodily substances; (ii) The operator of the instrument conducting a chemical analysis of the person's bodily substances; or (iii) A representative of the office. (B) (i) The prosecuting attorney or the defendant may compel the testimony of a person listed in subdivision (d)(3)(A) of this section by a subpoena issued to that person at least ten (10) days before the date of the hearing or trial. (ii) The person whose testimony is compelled shall have with him or her the record or report at issue, and the record or report is admissible at the hearing or trial.

(1) Except as provided in subsection (e) of this section, a record or report of a certification, rule, evidence analysis, or other document pertaining to work performed by the Office of Alcohol Testing of the Department of Health under the authority of this chapter shall be received as competent evidence as to the matters contained in the record or report in a court of this state, subject to the applicable rules of criminal procedure when duly attested to by the Director of the Office of Alcohol Testing of the Department of Health or his or her assistant, in the form of an original signature or by certification of a copy.

(2) An instrument performing the chemical analysis shall have been duly certified at least one (1) time in the last three (3) months preceding arrest, and the operator of the instrument shall have been properly trained and certified.

(3) (A) A person charged with violating § 5-65-103 has the right to cross-examine or call as a witness: (i) The person who calibrates the instrument conducting a chemical analysis of the person's bodily substances; (ii) The operator of the instrument conducting a chemical analysis of the person's bodily substances; or (iii) A representative of the office. (B) (i) The prosecuting attorney or the defendant may compel the testimony of a person listed in subdivision (d)(3)(A) of this section by a subpoena issued to that person at least ten (10) days before the date of the hearing or trial. (ii) The person whose testimony is compelled shall have with him or her the record or report at issue, and the record or report is admissible at the hearing or trial.

(A) A person charged with violating § 5-65-103 has the right to cross-examine or call as a witness: (i) The person who calibrates the instrument conducting a chemical analysis of the person's bodily substances; (ii) The operator of the instrument conducting a chemical analysis of the person's bodily substances; or (iii) A representative of the office.

(i) The person who calibrates the instrument conducting a chemical analysis of the person's bodily substances;

(ii) The operator of the instrument conducting a chemical analysis of the person's bodily substances; or

(iii) A representative of the office.

(B) (i) The prosecuting attorney or the defendant may compel the testimony of a person listed in subdivision (d)(3)(A) of this section by a subpoena issued to that person at least ten (10) days before the date of the hearing or trial. (ii) The person whose testimony is compelled shall have with him or her the record or report at issue, and the record or report is admissible at the hearing or trial.

(i) The prosecuting attorney or the defendant may compel the testimony of a person listed in subdivision (d)(3)(A) of this section by a subpoena issued to that person at least ten (10) days before the date of the hearing or trial.

(ii) The person whose testimony is compelled shall have with him or her the record or report at issue, and the record or report is admissible at the hearing or trial.

(e) The admissibility of a chemical analysis that determines the presence in a person's blood, urine, breath, or other bodily substance of a controlled substance or other intoxicant that is not alcohol is governed by § 12-12-313 when that chemical analysis is performed by the State Crime Laboratory and when the chemical analysis is being used in a criminal prosecution under § 5-65-103 , § 5-65-303 , or § 5-10-105 .

Amended by Act 2015, No. 299,§ 10, eff. 7/22/2015.

Acts 1957, No. 346, § 1; 1961, No. 215, § 1; 1969, No. 17, § 1; 1971, No. 578, § 1; 1983, No. 549, § 12; A.S.A. 1947, § 75-1031.1; Acts 1989, No. 928, § 1; 1999, No. 462, § 1; 2001, No. 561, §§ 11, 12; 2005, No. 886, § 2; 2007, No. 650, § 1; 2009, No. 748, § 31.
Ark. Code Ann. § 5-2-208 — AR Code / Title 5 / Chapter 2 / Subchapter 2 / Section 5-2-208
Duress
Status: in_force

(a) It is an affirmative defense to a prosecution that the actor engaged in the conduct charged to constitute an offense because the actor reasonably believed he or she was compelled to engage in the conduct by the threat or use of unlawful force against the actor's person or the person of another that a person of ordinary firmness in the actor's situation would not have resisted. (b) The affirmative defense provided by this section is unavailable if the actor recklessly placed himself or herself in a situation in which it was reasonably foreseeable that the actor would be subjected to the force or threatened force described in subsection (a) of this section. Acts 1975, No. 280, § 208; A.S.A. 1947, § 41-208.

(a) It is an affirmative defense to a prosecution that the actor engaged in the conduct charged to constitute an offense because the actor reasonably believed he or she was compelled to engage in the conduct by the threat or use of unlawful force against the actor's person or the person of another that a person of ordinary firmness in the actor's situation would not have resisted.

(b) The affirmative defense provided by this section is unavailable if the actor recklessly placed himself or herself in a situation in which it was reasonably foreseeable that the actor would be subjected to the force or threatened force described in subsection (a) of this section.

Acts 1975, No. 280, § 208; A.S.A. 1947, § 41-208.
Ark. Code Ann. § 5-65-204 — AR Code / Title 5 / Chapter 65 / Subchapter 2 / Section 5-65-204
Validity - Approved methods
Status: in_force

(a) (1) As used in this chapter, § 5-10-105 , and § 5-75-101 et seq., "alcohol concentration" means either: (A) Grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood; or (B) Grams of alcohol per two hundred ten liters (210 l) of breath. (2) The alcohol concentration of urine, saliva, or other bodily substance is based upon grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood, the same being percent weight per volume or percent alcohol concentration. (b) (1) (A) A chemical test made to determine the presence and amount of alcohol in a person's blood, urine, saliva, or breath to be considered valid under this chapter shall be performed according to a method approved by the Department of Health and State Board of Health or by an individual possessing a valid certificate issued by the department for this purpose. (B) The department may: (i) Approve satisfactory techniques or methods for the chemical test; (ii) Ascertain the qualifications and competence of an individual to conduct the chemical test; and (iii) Issue a certificate that is subject to termination or revocation at the discretion of the department. (C) (i) An auxiliary law enforcement officer appointed as a reserve law enforcement officer and certified by the department in the operation of an instrument used to determine the alcohol content of the breath may operate an instrument used to determine the alcohol content of the breath under this chapter. (ii) The department shall promulgate rules to implement subdivision (b)(1)(C)(i) of this section. (2) However, a method of chemical analysis of a person's blood, urine, saliva, or other bodily substance made by the State Crime Laboratory for determining the presence of one (1) or more controlled substances or any intoxicant is exempt from approval by the department or the board. (c) (1) Blood may be drawn by a person who is licensed, certified, or otherwise authorized by law to perform venous blood draws when a person consents to the procedure or when a warrant or court order has been issued to take a sample of the person's blood. (2) When a blood sample is taken at the request of a law enforcement officer based on exigent circumstances, the blood may only be drawn by a physician or a licensed nurse. (3) The limitations under subdivisions (c)(1) and (2) of this section do not apply to the taking of a breath, saliva, or urine specimen. (d) (1) The person tested may have a physician or a qualified technician, registered nurse, or other qualified person of his or her own choice administer a complete chemical test in addition to any chemical test administered at the direction of a law enforcement officer. (2) The law enforcement officer shall advise the person in writing of the right provided in subdivision (d)(1) of this section and that if the person chooses to have an additional chemical test and the person is found not guilty, the arresting law enforcement agency shall reimburse the person for the cost of the additional chemical test. (3) The refusal or failure of a law enforcement officer to advise a person of the right provided in subdivision (d)(1) of this section and to permit and assist the person to obtain a chemical test under subdivision (d)(1) of this section precludes the admission of evidence relating to a chemical test taken at the direction of a law enforcement officer. (e) Upon the request of the person who submits to a chemical test at the request of a law enforcement officer or because a warrant has been issued to take a sample of the person's blood, full information concerning the chemical test shall be made available to the person or to his or her attorney. (f) (1) A person who is licensed, certified, or otherwise authorized by law to perform a venous blood draw and any institution or entity employing or using the services of the person is not liable for violating a criminal law of this state in connection with withdrawing blood at the request of a law enforcement officer under this chapter. (2) A person who is licensed, certified, or otherwise authorized by law to perform a venous blood draw, and any institution or entity employing or using the services of the person is immune from civil and regulatory liability in connection with withdrawing blood at the request of a law enforcement officer under this chapter, unless the person is negligent in connection with the withdrawal of the blood. (3) The immunity granted under this subsection is not conditioned upon the existence of express consent, probable cause, a search warrant, or a court order. Amended by Act 2023, No. 174,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 990,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 1031,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 1031,§ 2, eff. 8/1/2017. Amended by Act 2013, No. 361,§ 6, eff. 8/16/2013. Acts 1969, No. 106, §§ 1, 2; 1971, No. 55, § 1; 1971, No. 306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549, § 11; 1985, No. 169, § 1; A.S.A. 1947, §§ 75-1045, 75-1046; Acts 1989, No. 361, § 1; 2001, No. 561, §§ 9, 10; 2005, No. 886, § 1; 2011, No. 1240, § 1.

(a) (1) As used in this chapter, § 5-10-105 , and § 5-75-101 et seq., "alcohol concentration" means either: (A) Grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood; or (B) Grams of alcohol per two hundred ten liters (210 l) of breath. (2) The alcohol concentration of urine, saliva, or other bodily substance is based upon grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood, the same being percent weight per volume or percent alcohol concentration.

(1) As used in this chapter, § 5-10-105 , and § 5-75-101 et seq., "alcohol concentration" means either: (A) Grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood; or (B) Grams of alcohol per two hundred ten liters (210 l) of breath.

(A) Grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood; or

(B) Grams of alcohol per two hundred ten liters (210 l) of breath.

(2) The alcohol concentration of urine, saliva, or other bodily substance is based upon grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood, the same being percent weight per volume or percent alcohol concentration.

(b) (1) (A) A chemical test made to determine the presence and amount of alcohol in a person's blood, urine, saliva, or breath to be considered valid under this chapter shall be performed according to a method approved by the Department of Health and State Board of Health or by an individual possessing a valid certificate issued by the department for this purpose. (B) The department may: (i) Approve satisfactory techniques or methods for the chemical test; (ii) Ascertain the qualifications and competence of an individual to conduct the chemical test; and (iii) Issue a certificate that is subject to termination or revocation at the discretion of the department. (C) (i) An auxiliary law enforcement officer appointed as a reserve law enforcement officer and certified by the department in the operation of an instrument used to determine the alcohol content of the breath may operate an instrument used to determine the alcohol content of the breath under this chapter. (ii) The department shall promulgate rules to implement subdivision (b)(1)(C)(i) of this section. (2) However, a method of chemical analysis of a person's blood, urine, saliva, or other bodily substance made by the State Crime Laboratory for determining the presence of one (1) or more controlled substances or any intoxicant is exempt from approval by the department or the board.

(1) (A) A chemical test made to determine the presence and amount of alcohol in a person's blood, urine, saliva, or breath to be considered valid under this chapter shall be performed according to a method approved by the Department of Health and State Board of Health or by an individual possessing a valid certificate issued by the department for this purpose. (B) The department may: (i) Approve satisfactory techniques or methods for the chemical test; (ii) Ascertain the qualifications and competence of an individual to conduct the chemical test; and (iii) Issue a certificate that is subject to termination or revocation at the discretion of the department. (C) (i) An auxiliary law enforcement officer appointed as a reserve law enforcement officer and certified by the department in the operation of an instrument used to determine the alcohol content of the breath may operate an instrument used to determine the alcohol content of the breath under this chapter. (ii) The department shall promulgate rules to implement subdivision (b)(1)(C)(i) of this section.

(A) A chemical test made to determine the presence and amount of alcohol in a person's blood, urine, saliva, or breath to be considered valid under this chapter shall be performed according to a method approved by the Department of Health and State Board of Health or by an individual possessing a valid certificate issued by the department for this purpose.

(B) The department may: (i) Approve satisfactory techniques or methods for the chemical test; (ii) Ascertain the qualifications and competence of an individual to conduct the chemical test; and (iii) Issue a certificate that is subject to termination or revocation at the discretion of the department.

(i) Approve satisfactory techniques or methods for the chemical test;

(ii) Ascertain the qualifications and competence of an individual to conduct the chemical test; and

(iii) Issue a certificate that is subject to termination or revocation at the discretion of the department.

(C) (i) An auxiliary law enforcement officer appointed as a reserve law enforcement officer and certified by the department in the operation of an instrument used to determine the alcohol content of the breath may operate an instrument used to determine the alcohol content of the breath under this chapter. (ii) The department shall promulgate rules to implement subdivision (b)(1)(C)(i) of this section.

(i) An auxiliary law enforcement officer appointed as a reserve law enforcement officer and certified by the department in the operation of an instrument used to determine the alcohol content of the breath may operate an instrument used to determine the alcohol content of the breath under this chapter.

(ii) The department shall promulgate rules to implement subdivision (b)(1)(C)(i) of this section.

(2) However, a method of chemical analysis of a person's blood, urine, saliva, or other bodily substance made by the State Crime Laboratory for determining the presence of one (1) or more controlled substances or any intoxicant is exempt from approval by the department or the board.

(c) (1) Blood may be drawn by a person who is licensed, certified, or otherwise authorized by law to perform venous blood draws when a person consents to the procedure or when a warrant or court order has been issued to take a sample of the person's blood. (2) When a blood sample is taken at the request of a law enforcement officer based on exigent circumstances, the blood may only be drawn by a physician or a licensed nurse. (3) The limitations under subdivisions (c)(1) and (2) of this section do not apply to the taking of a breath, saliva, or urine specimen.

(1) Blood may be drawn by a person who is licensed, certified, or otherwise authorized by law to perform venous blood draws when a person consents to the procedure or when a warrant or court order has been issued to take a sample of the person's blood.

(2) When a blood sample is taken at the request of a law enforcement officer based on exigent circumstances, the blood may only be drawn by a physician or a licensed nurse.

(3) The limitations under subdivisions (c)(1) and (2) of this section do not apply to the taking of a breath, saliva, or urine specimen.

(d) (1) The person tested may have a physician or a qualified technician, registered nurse, or other qualified person of his or her own choice administer a complete chemical test in addition to any chemical test administered at the direction of a law enforcement officer. (2) The law enforcement officer shall advise the person in writing of the right provided in subdivision (d)(1) of this section and that if the person chooses to have an additional chemical test and the person is found not guilty, the arresting law enforcement agency shall reimburse the person for the cost of the additional chemical test. (3) The refusal or failure of a law enforcement officer to advise a person of the right provided in subdivision (d)(1) of this section and to permit and assist the person to obtain a chemical test under subdivision (d)(1) of this section precludes the admission of evidence relating to a chemical test taken at the direction of a law enforcement officer.

(1) The person tested may have a physician or a qualified technician, registered nurse, or other qualified person of his or her own choice administer a complete chemical test in addition to any chemical test administered at the direction of a law enforcement officer.

(2) The law enforcement officer shall advise the person in writing of the right provided in subdivision (d)(1) of this section and that if the person chooses to have an additional chemical test and the person is found not guilty, the arresting law enforcement agency shall reimburse the person for the cost of the additional chemical test.

(3) The refusal or failure of a law enforcement officer to advise a person of the right provided in subdivision (d)(1) of this section and to permit and assist the person to obtain a chemical test under subdivision (d)(1) of this section precludes the admission of evidence relating to a chemical test taken at the direction of a law enforcement officer.

(e) Upon the request of the person who submits to a chemical test at the request of a law enforcement officer or because a warrant has been issued to take a sample of the person's blood, full information concerning the chemical test shall be made available to the person or to his or her attorney.

(f) (1) A person who is licensed, certified, or otherwise authorized by law to perform a venous blood draw and any institution or entity employing or using the services of the person is not liable for violating a criminal law of this state in connection with withdrawing blood at the request of a law enforcement officer under this chapter. (2) A person who is licensed, certified, or otherwise authorized by law to perform a venous blood draw, and any institution or entity employing or using the services of the person is immune from civil and regulatory liability in connection with withdrawing blood at the request of a law enforcement officer under this chapter, unless the person is negligent in connection with the withdrawal of the blood. (3) The immunity granted under this subsection is not conditioned upon the existence of express consent, probable cause, a search warrant, or a court order.

(1) A person who is licensed, certified, or otherwise authorized by law to perform a venous blood draw and any institution or entity employing or using the services of the person is not liable for violating a criminal law of this state in connection with withdrawing blood at the request of a law enforcement officer under this chapter.

(2) A person who is licensed, certified, or otherwise authorized by law to perform a venous blood draw, and any institution or entity employing or using the services of the person is immune from civil and regulatory liability in connection with withdrawing blood at the request of a law enforcement officer under this chapter, unless the person is negligent in connection with the withdrawal of the blood.

(3) The immunity granted under this subsection is not conditioned upon the existence of express consent, probable cause, a search warrant, or a court order.

Amended by Act 2023, No. 174,§ 3, eff. 8/1/2023.

Amended by Act 2021, No. 990,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 1031,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 1031,§ 2, eff. 8/1/2017.

Amended by Act 2013, No. 361,§ 6, eff. 8/16/2013.

Acts 1969, No. 106, §§ 1, 2; 1971, No. 55, § 1; 1971, No. 306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549, § 11; 1985, No. 169, § 1; A.S.A. 1947, §§ 75-1045, 75-1046; Acts 1989, No. 361, § 1; 2001, No. 561, §§ 9, 10; 2005, No. 886, § 1; 2011, No. 1240, § 1.
Ark. Code Ann. § 5-39-101 — AR Code / Title 5 / Chapter 39 / Subchapter 1 / Section 5-39-101
Definitions
Status: in_force

As used in this chapter: (1) "Artifact" means an object produced or shaped by human craft, such as a tool, weapon, coin, or ornament of archaeological, cultural, or historical interest or significance; (2) "Commercial occupiable structure" means a vehicle, building, or other structure in which: (A) Any person carries on a business or other calling; or (B) People assemble for a purpose of business, government, education, religion, entertainment, or public transportation; (3) "Critical infrastructure" means the same as defined in § 5-38-101 ; (4) (A) "Enter or remain unlawfully" means to enter or remain in or upon premises when not licensed or privileged to enter or remain in or upon the premises. (B) (i) A person who enters or remains in or upon premises that are at the time open to the public does so with license and privilege, regardless of his or her purpose, unless he or she defies a lawful order not to enter or remain on the premises personally communicated to the person by the owner of the premises or another person authorized by the owner. (ii) A license or privilege to enter or remain in or upon premises only part of which are open to the public is not a license or privilege to enter or remain in a part of the premises not open to the public. (C) A person who enters or remains upon unimproved and apparently unused land not fenced or otherwise enclosed in a manner designed to exclude an intruder does so with license and privilege unless: (i) Notice not to enter or remain is personally communicated to the person by the owner or a person authorized by the owner; or (ii) Notice is given by posting in a conspicuous manner; (5) "Harvesting device" means a device or object used to collect or accumulate, or to assist in the collection or accumulation of, an agricultural resource or a natural resource in bulk; (6) "Killing device" means a firearm, bladed weapon, or other object, when not used in the course of lawful hunting or fishing of wildlife; (7) "Natural resource" means materials or substances such as minerals, timber, water, plants, and fertile land that occur in nature and can be used for economic gain; (8) "Premises" means an occupiable structure and any real property; (9) (A) "Residential occupiable structure" means a vehicle, building, or other structure: (i) In which any person lives; or (ii) That is customarily used for overnight accommodation of a person whether or not a person is actually present. (B) "Residential occupiable structure" includes each unit of a residential occupiable structure divided into a separately occupied unit; and (10) "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. 712,§ 3, eff. 7/28/2021. Amended by Act 2017, No. 877,§ 2, eff. 8/1/2017. Acts 1975, No. 280, § 2001; A.S.A. 1947, § 41-2001; Acts 1993, No. 442, § 1; 1993, No. 552, § 1.

As used in this chapter:

(1) "Artifact" means an object produced or shaped by human craft, such as a tool, weapon, coin, or ornament of archaeological, cultural, or historical interest or significance;

(2) "Commercial occupiable structure" means a vehicle, building, or other structure in which: (A) Any person carries on a business or other calling; or (B) People assemble for a purpose of business, government, education, religion, entertainment, or public transportation;

(A) Any person carries on a business or other calling; or

(B) People assemble for a purpose of business, government, education, religion, entertainment, or public transportation;

(3) "Critical infrastructure" means the same as defined in § 5-38-101 ;

(4) (A) "Enter or remain unlawfully" means to enter or remain in or upon premises when not licensed or privileged to enter or remain in or upon the premises. (B) (i) A person who enters or remains in or upon premises that are at the time open to the public does so with license and privilege, regardless of his or her purpose, unless he or she defies a lawful order not to enter or remain on the premises personally communicated to the person by the owner of the premises or another person authorized by the owner. (ii) A license or privilege to enter or remain in or upon premises only part of which are open to the public is not a license or privilege to enter or remain in a part of the premises not open to the public. (C) A person who enters or remains upon unimproved and apparently unused land not fenced or otherwise enclosed in a manner designed to exclude an intruder does so with license and privilege unless: (i) Notice not to enter or remain is personally communicated to the person by the owner or a person authorized by the owner; or (ii) Notice is given by posting in a conspicuous manner;

(A) "Enter or remain unlawfully" means to enter or remain in or upon premises when not licensed or privileged to enter or remain in or upon the premises.

(B) (i) A person who enters or remains in or upon premises that are at the time open to the public does so with license and privilege, regardless of his or her purpose, unless he or she defies a lawful order not to enter or remain on the premises personally communicated to the person by the owner of the premises or another person authorized by the owner. (ii) A license or privilege to enter or remain in or upon premises only part of which are open to the public is not a license or privilege to enter or remain in a part of the premises not open to the public.

(i) A person who enters or remains in or upon premises that are at the time open to the public does so with license and privilege, regardless of his or her purpose, unless he or she defies a lawful order not to enter or remain on the premises personally communicated to the person by the owner of the premises or another person authorized by the owner.

(ii) A license or privilege to enter or remain in or upon premises only part of which are open to the public is not a license or privilege to enter or remain in a part of the premises not open to the public.

(C) A person who enters or remains upon unimproved and apparently unused land not fenced or otherwise enclosed in a manner designed to exclude an intruder does so with license and privilege unless: (i) Notice not to enter or remain is personally communicated to the person by the owner or a person authorized by the owner; or (ii) Notice is given by posting in a conspicuous manner;

(i) Notice not to enter or remain is personally communicated to the person by the owner or a person authorized by the owner; or

(ii) Notice is given by posting in a conspicuous manner;

(5) "Harvesting device" means a device or object used to collect or accumulate, or to assist in the collection or accumulation of, an agricultural resource or a natural resource in bulk;

(6) "Killing device" means a firearm, bladed weapon, or other object, when not used in the course of lawful hunting or fishing of wildlife;

(7) "Natural resource" means materials or substances such as minerals, timber, water, plants, and fertile land that occur in nature and can be used for economic gain;

(8) "Premises" means an occupiable structure and any real property;

(9) (A) "Residential occupiable structure" means a vehicle, building, or other structure: (i) In which any person lives; or (ii) That is customarily used for overnight accommodation of a person whether or not a person is actually present. (B) "Residential occupiable structure" includes each unit of a residential occupiable structure divided into a separately occupied unit; and

(A) "Residential occupiable structure" means a vehicle, building, or other structure: (i) In which any person lives; or (ii) That is customarily used for overnight accommodation of a person whether or not a person is actually present.

(i) In which any person lives; or

(ii) That is customarily used for overnight accommodation of a person whether or not a person is actually present.

(B) "Residential occupiable structure" includes each unit of a residential occupiable structure divided into a separately occupied unit; and

(10) "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. 712,§ 3, eff. 7/28/2021.

Amended by Act 2017, No. 877,§ 2, eff. 8/1/2017.

Acts 1975, No. 280, § 2001; A.S.A. 1947, § 41-2001; Acts 1993, No. 442, § 1; 1993, No. 552, § 1.
Ark. Code Ann. § 5-60-202 — AR Code / Title 5 / Chapter 60 / Subchapter 2 / Section 5-60-202
Construction
Status: in_force

Nothing in this subchapter or §§ 20-7-309 and 20-7-310 shall be construed to encourage, conflict, or otherwise interfere with the preemption of state and local laws under any federal laws or United States Department of Transportation regulations related to drug testing procedures and confidentiality. Acts 2003, No. 750, § 2.

Nothing in this subchapter or §§ 20-7-309 and 20-7-310 shall be construed to encourage, conflict, or otherwise interfere with the preemption of state and local laws under any federal laws or United States Department of Transportation regulations related to drug testing procedures and confidentiality.

Acts 2003, No. 750, § 2.
Ark. Code Ann. § 5-65-119 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-119
Distribution of fee
Status: in_force

(a) (1) The Office of Driver Services shall charge a fee to be calculated under subsection (b) of this section for reinstating a driving privilege suspended or revoked because of an arrest for violating § 5-65-103 or § 5-65-205 . (2) The fee under subdivision (a)(1) of this section shall be distributed as follows: (A) Seven percent (7%) of the revenues derived from this fee shall be deposited into the State Treasury as special revenues and credited to the Public Health Fund to be used exclusively for the Office of Alcohol Testing of the Department of Health; (B) Thirty-three percent (33%) of the revenues derived from this fee shall be deposited as special revenues into the State Treasury into the Constitutional Officers Fund and the State Central Services Fund as a direct revenue to be used by the Office of Driver Services for use in supporting the administrative driver's licensing revocation and sanctions programs provided for in this subchapter; (C) Ten percent (10%) of the revenues derived from this fee shall be deposited into the State Treasury, and the Treasurer of State shall credit them as general revenues to the various funds in the respective amounts to each and to be used for the purposes as provided in the Revenue Stabilization Law, § 19-5-101 et seq.; and (D) Fifty percent (50%) of the revenues derived from this fee shall be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund. (3) Upon notice to the taxpayer of certification of the intent to intercept the taxpayer's state income tax refund under § 26-36-301 et seq., the outstanding fees assessed under this section that are owed by a taxpayer shall be setoff against the taxpayer's state income tax refund. (b) (1) (A) The fee under subsection (a) of this section shall be calculated by multiplying one hundred fifty dollars ($150) by each separate occurrence of an offense resulting in an administrative suspension order under § 5-65-103 or § 5-65-205 unless the administrative suspension order has been removed because: (i) The person has been found not guilty of the offense by a circuit court or district court; or (ii) A de novo review of the administrative suspension order by the Office of Driver Services results in the removal. (B) The fee under subsection (a) of this section is supplemental to and in addition to any fee imposed under § 5-65-304 , § 5-65-310 , § 27-16-508 , or § 27-16-808 . (2) As used in this subsection, "occurrence" means each separate calendar date when an offense or offenses take place. Amended by Act 2019, No. 803,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Amended by Act 2013, No. 361,§ 3, eff. 8/16/2013. Acts 1995, No. 802, § 2; 2001, No. 561, § 6; 2003, No. 1001, § 1; 2005, No. 1992, § 1.

(a) (1) The Office of Driver Services shall charge a fee to be calculated under subsection (b) of this section for reinstating a driving privilege suspended or revoked because of an arrest for violating § 5-65-103 or § 5-65-205 . (2) The fee under subdivision (a)(1) of this section shall be distributed as follows: (A) Seven percent (7%) of the revenues derived from this fee shall be deposited into the State Treasury as special revenues and credited to the Public Health Fund to be used exclusively for the Office of Alcohol Testing of the Department of Health; (B) Thirty-three percent (33%) of the revenues derived from this fee shall be deposited as special revenues into the State Treasury into the Constitutional Officers Fund and the State Central Services Fund as a direct revenue to be used by the Office of Driver Services for use in supporting the administrative driver's licensing revocation and sanctions programs provided for in this subchapter; (C) Ten percent (10%) of the revenues derived from this fee shall be deposited into the State Treasury, and the Treasurer of State shall credit them as general revenues to the various funds in the respective amounts to each and to be used for the purposes as provided in the Revenue Stabilization Law, § 19-5-101 et seq.; and (D) Fifty percent (50%) of the revenues derived from this fee shall be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund. (3) Upon notice to the taxpayer of certification of the intent to intercept the taxpayer's state income tax refund under § 26-36-301 et seq., the outstanding fees assessed under this section that are owed by a taxpayer shall be setoff against the taxpayer's state income tax refund.

(1) The Office of Driver Services shall charge a fee to be calculated under subsection (b) of this section for reinstating a driving privilege suspended or revoked because of an arrest for violating § 5-65-103 or § 5-65-205 .

(2) The fee under subdivision (a)(1) of this section shall be distributed as follows: (A) Seven percent (7%) of the revenues derived from this fee shall be deposited into the State Treasury as special revenues and credited to the Public Health Fund to be used exclusively for the Office of Alcohol Testing of the Department of Health; (B) Thirty-three percent (33%) of the revenues derived from this fee shall be deposited as special revenues into the State Treasury into the Constitutional Officers Fund and the State Central Services Fund as a direct revenue to be used by the Office of Driver Services for use in supporting the administrative driver's licensing revocation and sanctions programs provided for in this subchapter; (C) Ten percent (10%) of the revenues derived from this fee shall be deposited into the State Treasury, and the Treasurer of State shall credit them as general revenues to the various funds in the respective amounts to each and to be used for the purposes as provided in the Revenue Stabilization Law, § 19-5-101 et seq.; and (D) Fifty percent (50%) of the revenues derived from this fee shall be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund.

(A) Seven percent (7%) of the revenues derived from this fee shall be deposited into the State Treasury as special revenues and credited to the Public Health Fund to be used exclusively for the Office of Alcohol Testing of the Department of Health;

(B) Thirty-three percent (33%) of the revenues derived from this fee shall be deposited as special revenues into the State Treasury into the Constitutional Officers Fund and the State Central Services Fund as a direct revenue to be used by the Office of Driver Services for use in supporting the administrative driver's licensing revocation and sanctions programs provided for in this subchapter;

(C) Ten percent (10%) of the revenues derived from this fee shall be deposited into the State Treasury, and the Treasurer of State shall credit them as general revenues to the various funds in the respective amounts to each and to be used for the purposes as provided in the Revenue Stabilization Law, § 19-5-101 et seq.; and

(D) Fifty percent (50%) of the revenues derived from this fee shall be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund.

(3) Upon notice to the taxpayer of certification of the intent to intercept the taxpayer's state income tax refund under § 26-36-301 et seq., the outstanding fees assessed under this section that are owed by a taxpayer shall be setoff against the taxpayer's state income tax refund.

(b) (1) (A) The fee under subsection (a) of this section shall be calculated by multiplying one hundred fifty dollars ($150) by each separate occurrence of an offense resulting in an administrative suspension order under § 5-65-103 or § 5-65-205 unless the administrative suspension order has been removed because: (i) The person has been found not guilty of the offense by a circuit court or district court; or (ii) A de novo review of the administrative suspension order by the Office of Driver Services results in the removal. (B) The fee under subsection (a) of this section is supplemental to and in addition to any fee imposed under § 5-65-304 , § 5-65-310 , § 27-16-508 , or § 27-16-808 . (2) As used in this subsection, "occurrence" means each separate calendar date when an offense or offenses take place.

(1) (A) The fee under subsection (a) of this section shall be calculated by multiplying one hundred fifty dollars ($150) by each separate occurrence of an offense resulting in an administrative suspension order under § 5-65-103 or § 5-65-205 unless the administrative suspension order has been removed because: (i) The person has been found not guilty of the offense by a circuit court or district court; or (ii) A de novo review of the administrative suspension order by the Office of Driver Services results in the removal. (B) The fee under subsection (a) of this section is supplemental to and in addition to any fee imposed under § 5-65-304 , § 5-65-310 , § 27-16-508 , or § 27-16-808 .

(A) The fee under subsection (a) of this section shall be calculated by multiplying one hundred fifty dollars ($150) by each separate occurrence of an offense resulting in an administrative suspension order under § 5-65-103 or § 5-65-205 unless the administrative suspension order has been removed because: (i) The person has been found not guilty of the offense by a circuit court or district court; or (ii) A de novo review of the administrative suspension order by the Office of Driver Services results in the removal.

(i) The person has been found not guilty of the offense by a circuit court or district court; or

(ii) A de novo review of the administrative suspension order by the Office of Driver Services results in the removal.

(B) The fee under subsection (a) of this section is supplemental to and in addition to any fee imposed under § 5-65-304 , § 5-65-310 , § 27-16-508 , or § 27-16-808 .

(2) As used in this subsection, "occurrence" means each separate calendar date when an offense or offenses take place.

Amended by Act 2019, No. 803,§ 1, eff. 7/24/2019.

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

Amended by Act 2013, No. 361,§ 3, eff. 8/16/2013.

Acts 1995, No. 802, § 2; 2001, No. 561, § 6; 2003, No. 1001, § 1; 2005, No. 1992, § 1.
Ark. Code Ann. § 5-62-202 — AR Code / Title 5 / Chapter 62 / Subchapter 2 / Section 5-62-202
Definitions
Status: in_force

As used in this subchapter: (1) "Animal" means any warm or cold-blooded animal used in food or fiber production, agriculture, research, testing, or education, including poultry, fish, and insects; (2) "Animal facility" means any vehicle, building, structure, or premises, where an animal or animal records are kept, handled, housed, exhibited, bred, or offered for sale; (3) "Consent" means assent in fact, whether express or apparent; (4) "Deprive" means to: (A) Withhold an animal or other property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the animal or property is lost to the owner; (B) Restore an animal or other property only upon payment of reward or other compensation; or (C) Dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely; (5) "Effective consent" means consent by a person legally authorized to act for the owner. Consent is not effective: (A) If induced by force, threat, false pretense, or fraud; (B) If given by a person the actor knows is not legally authorized to act for the owner; (C) If given by a person who, by reason of youth, mental disease or defect, or intoxication, is known by the actor to be unable to make reasonable decisions; or (D) If given solely to detect the commission of an offense; (6) "Notice" means: (A) Oral or written communication by the owner or a person with apparent authority to act for the owner; (B) Fencing or other enclosure obviously designed to exclude persons or to contain animals; or (C) A sign or signs posted on property or at the entrance to a building, reasonably likely to come to the attention of a person, indicating that entry is forbidden; (7) "Owner" means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; (8) "Person" means any individual, corporation, association, nonprofit corporation, joint stock company, firm, trust, partnership, two (2) or more persons having a joint or common interest, or other legal entity; and (9) "Possession" means actual care, custody, control, or management. Amended by Act 2015, No. 1263,§ 14, eff. 7/22/2015. Acts 1991, No. 1006, § 1.

As used in this subchapter:

(1) "Animal" means any warm or cold-blooded animal used in food or fiber production, agriculture, research, testing, or education, including poultry, fish, and insects;

(2) "Animal facility" means any vehicle, building, structure, or premises, where an animal or animal records are kept, handled, housed, exhibited, bred, or offered for sale;

(3) "Consent" means assent in fact, whether express or apparent;

(4) "Deprive" means to: (A) Withhold an animal or other property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the animal or property is lost to the owner; (B) Restore an animal or other property only upon payment of reward or other compensation; or (C) Dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely;

(A) Withhold an animal or other property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the animal or property is lost to the owner;

(B) Restore an animal or other property only upon payment of reward or other compensation; or

(C) Dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely;

(5) "Effective consent" means consent by a person legally authorized to act for the owner. Consent is not effective: (A) If induced by force, threat, false pretense, or fraud; (B) If given by a person the actor knows is not legally authorized to act for the owner; (C) If given by a person who, by reason of youth, mental disease or defect, or intoxication, is known by the actor to be unable to make reasonable decisions; or (D) If given solely to detect the commission of an offense;

(A) If induced by force, threat, false pretense, or fraud;

(B) If given by a person the actor knows is not legally authorized to act for the owner;

(C) If given by a person who, by reason of youth, mental disease or defect, or intoxication, is known by the actor to be unable to make reasonable decisions; or

(D) If given solely to detect the commission of an offense;

(6) "Notice" means: (A) Oral or written communication by the owner or a person with apparent authority to act for the owner; (B) Fencing or other enclosure obviously designed to exclude persons or to contain animals; or (C) A sign or signs posted on property or at the entrance to a building, reasonably likely to come to the attention of a person, indicating that entry is forbidden;

(A) Oral or written communication by the owner or a person with apparent authority to act for the owner;

(B) Fencing or other enclosure obviously designed to exclude persons or to contain animals; or

(C) A sign or signs posted on property or at the entrance to a building, reasonably likely to come to the attention of a person, indicating that entry is forbidden;

(7) "Owner" means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor;

(8) "Person" means any individual, corporation, association, nonprofit corporation, joint stock company, firm, trust, partnership, two (2) or more persons having a joint or common interest, or other legal entity; and

(9) "Possession" means actual care, custody, control, or management.

Amended by Act 2015, No. 1263,§ 14, eff. 7/22/2015.

Acts 1991, No. 1006, § 1.
Ark. Code Ann. § 5-65-105 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-105
Operation of motor vehicle during period of license suspension or revocation
Status: in_force

A person whose driving privilege has been suspended or revoked under this subchapter who operates a motor vehicle in this state during the period of the suspension or revocation upon conviction is guilty of an unclassified misdemeanor and: (1) Shall be imprisoned for not less than ten (10) days or more than ninety (90) days; and (2) May be assessed a fine of not more than one thousand dollars ($1,000). Amended by Act 2015, No. 1035,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Acts 1983, No. 549, § 14; A.S.A. 1947, § 75-2512; Acts 2001, No. 1715, § 1.

A person whose driving privilege has been suspended or revoked under this subchapter who operates a motor vehicle in this state during the period of the suspension or revocation upon conviction is guilty of an unclassified misdemeanor and:

(1) Shall be imprisoned for not less than ten (10) days or more than ninety (90) days; and

(2) May be assessed a fine of not more than one thousand dollars ($1,000).

Amended by Act 2015, No. 1035,§ 1, eff. 7/22/2015.

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

Acts 1983, No. 549, § 14; A.S.A. 1947, § 75-2512; Acts 2001, No. 1715, § 1.
Ark. Code Ann. § 5-64-1202 — AR Code / Title 5 / Chapter 64 / Subchapter 12 / Section 5-64-1202
Distribution
Status: in_force

(a) It is unlawful for any person, firm, corporation, limited liability company, or association to purposely sell, offer for sale, distribute, or give away a substance listed in § 5-64-1201(b) for the purpose of inducing or aiding another person to breathe, inhale, ingest, use, or be under the influence of the substance for a purpose prohibited in § 5-64-1201 . (b) Upon conviction, a person, firm, corporation, limited liability company, or an association that violates this section is guilty of a Class A misdemeanor. Acts 1997, No. 355, § 2; 2001, No. 1553, § 14; 2007, No. 827, § 73.

(a) It is unlawful for any person, firm, corporation, limited liability company, or association to purposely sell, offer for sale, distribute, or give away a substance listed in § 5-64-1201(b) for the purpose of inducing or aiding another person to breathe, inhale, ingest, use, or be under the influence of the substance for a purpose prohibited in § 5-64-1201 .

(b) Upon conviction, a person, firm, corporation, limited liability company, or an association that violates this section is guilty of a Class A misdemeanor.

Acts 1997, No. 355, § 2; 2001, No. 1553, § 14; 2007, No. 827, § 73.
Ark. Code Ann. § 5-75-105 — AR Code / Title 5 / Chapter 75 / Section 5-75-105
Validity - Approved methods
Status: in_force

(a) (1) "Alcohol concentration" means either: (A) Grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood; or (B) Grams of alcohol per two hundred ten liters (210 l) of breath. (2) The alcohol concentration of any other bodily substance shall be based upon grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood, the same being percent weight per volume or percent alcohol concentration. (b) (1) To be considered valid under the provisions of this chapter, a chemical analysis of a person's blood, urine, or breath shall be performed according to a method approved by the Department of Health or by an individual possessing a valid permit issued by the department for that purpose. (2) The department may: (A) Approve a satisfactory technique or method for the chemical analysis; (B) Ascertain the qualifications and competence of an individual to conduct the chemical analysis; and (C) Issue a permit to conduct the chemical analysis that is subject to termination or revocation at the discretion of the department. (c) To be considered valid under the provisions of this section, a chemical analysis of a person's blood, urine, breath, or other bodily substance for determining the alcohol content of the breath or blood shall be performed according to a method approved by the State Board of Health. (d) (1) When a person submits to a blood test at the request of a law enforcement officer under the provisions of this section, blood may be drawn by a physician or a person acting under the direction and supervision of a physician. (2) The limitation in subdivision (d)(1) of this section does not apply to the taking of a breath or urine specimen. (3) (A) No person, institution, or office in this state that withdraws blood for the purpose of determining alcohol or controlled substance content of the blood at the request of a law enforcement officer under a provision of this chapter shall be held liable for violating any criminal law of this state in connection with the withdrawing of the blood. (B) No physician, institution, or person acting under the direction or supervision of a physician shall be held liable in tort for the withdrawal of the blood unless the person is negligent in connection with the withdrawal of the blood or the blood is taken over the objections of the subject. (e) (1) The person tested may have a physician or a qualified technician, registered nurse, or other qualified person of his or her own choice administer a complete chemical test in addition to any chemical test administered at the direction of a law enforcement officer. (2) The law enforcement officer shall advise the person of the right provided in subdivision (e)(1) of this section. (3) The refusal or failure of a law enforcement officer to advise the person of the right provided in subdivision (e)(1) of this section and to permit and assist the person to obtain a chemical test under subdivision (e)(1) of this section precludes the admission of evidence relating to the chemical test taken at the direction of a law enforcement officer. (f) Upon the request of a person who submits to a chemical test at the request of a law enforcement officer, full information concerning the chemical test shall be made available to the person or his or her attorney. Acts 1993, No. 824, § 5; 2001, No. 561, § 20.

(a) (1) "Alcohol concentration" means either: (A) Grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood; or (B) Grams of alcohol per two hundred ten liters (210 l) of breath. (2) The alcohol concentration of any other bodily substance shall be based upon grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood, the same being percent weight per volume or percent alcohol concentration.

(1) "Alcohol concentration" means either: (A) Grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood; or (B) Grams of alcohol per two hundred ten liters (210 l) of breath.

(A) Grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood; or

(B) Grams of alcohol per two hundred ten liters (210 l) of breath.

(2) The alcohol concentration of any other bodily substance shall be based upon grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood, the same being percent weight per volume or percent alcohol concentration.

(b) (1) To be considered valid under the provisions of this chapter, a chemical analysis of a person's blood, urine, or breath shall be performed according to a method approved by the Department of Health or by an individual possessing a valid permit issued by the department for that purpose. (2) The department may: (A) Approve a satisfactory technique or method for the chemical analysis; (B) Ascertain the qualifications and competence of an individual to conduct the chemical analysis; and (C) Issue a permit to conduct the chemical analysis that is subject to termination or revocation at the discretion of the department.

(1) To be considered valid under the provisions of this chapter, a chemical analysis of a person's blood, urine, or breath shall be performed according to a method approved by the Department of Health or by an individual possessing a valid permit issued by the department for that purpose.

(2) The department may: (A) Approve a satisfactory technique or method for the chemical analysis; (B) Ascertain the qualifications and competence of an individual to conduct the chemical analysis; and (C) Issue a permit to conduct the chemical analysis that is subject to termination or revocation at the discretion of the department.

(A) Approve a satisfactory technique or method for the chemical analysis;

(B) Ascertain the qualifications and competence of an individual to conduct the chemical analysis; and

(C) Issue a permit to conduct the chemical analysis that is subject to termination or revocation at the discretion of the department.

(c) To be considered valid under the provisions of this section, a chemical analysis of a person's blood, urine, breath, or other bodily substance for determining the alcohol content of the breath or blood shall be performed according to a method approved by the State Board of Health.

(d) (1) When a person submits to a blood test at the request of a law enforcement officer under the provisions of this section, blood may be drawn by a physician or a person acting under the direction and supervision of a physician. (2) The limitation in subdivision (d)(1) of this section does not apply to the taking of a breath or urine specimen. (3) (A) No person, institution, or office in this state that withdraws blood for the purpose of determining alcohol or controlled substance content of the blood at the request of a law enforcement officer under a provision of this chapter shall be held liable for violating any criminal law of this state in connection with the withdrawing of the blood. (B) No physician, institution, or person acting under the direction or supervision of a physician shall be held liable in tort for the withdrawal of the blood unless the person is negligent in connection with the withdrawal of the blood or the blood is taken over the objections of the subject.

(1) When a person submits to a blood test at the request of a law enforcement officer under the provisions of this section, blood may be drawn by a physician or a person acting under the direction and supervision of a physician.

(2) The limitation in subdivision (d)(1) of this section does not apply to the taking of a breath or urine specimen.

(3) (A) No person, institution, or office in this state that withdraws blood for the purpose of determining alcohol or controlled substance content of the blood at the request of a law enforcement officer under a provision of this chapter shall be held liable for violating any criminal law of this state in connection with the withdrawing of the blood. (B) No physician, institution, or person acting under the direction or supervision of a physician shall be held liable in tort for the withdrawal of the blood unless the person is negligent in connection with the withdrawal of the blood or the blood is taken over the objections of the subject.

(A) No person, institution, or office in this state that withdraws blood for the purpose of determining alcohol or controlled substance content of the blood at the request of a law enforcement officer under a provision of this chapter shall be held liable for violating any criminal law of this state in connection with the withdrawing of the blood.

(B) No physician, institution, or person acting under the direction or supervision of a physician shall be held liable in tort for the withdrawal of the blood unless the person is negligent in connection with the withdrawal of the blood or the blood is taken over the objections of the subject.

(e) (1) The person tested may have a physician or a qualified technician, registered nurse, or other qualified person of his or her own choice administer a complete chemical test in addition to any chemical test administered at the direction of a law enforcement officer. (2) The law enforcement officer shall advise the person of the right provided in subdivision (e)(1) of this section. (3) The refusal or failure of a law enforcement officer to advise the person of the right provided in subdivision (e)(1) of this section and to permit and assist the person to obtain a chemical test under subdivision (e)(1) of this section precludes the admission of evidence relating to the chemical test taken at the direction of a law enforcement officer.

(1) The person tested may have a physician or a qualified technician, registered nurse, or other qualified person of his or her own choice administer a complete chemical test in addition to any chemical test administered at the direction of a law enforcement officer.

(2) The law enforcement officer shall advise the person of the right provided in subdivision (e)(1) of this section.

(3) The refusal or failure of a law enforcement officer to advise the person of the right provided in subdivision (e)(1) of this section and to permit and assist the person to obtain a chemical test under subdivision (e)(1) of this section precludes the admission of evidence relating to the chemical test taken at the direction of a law enforcement officer.

(f) Upon the request of a person who submits to a chemical test at the request of a law enforcement officer, full information concerning the chemical test shall be made available to the person or his or her attorney.

Acts 1993, No. 824, § 5; 2001, No. 561, § 20.
Ark. Code Ann. § 5-36-103 — AR Code / Title 5 / Chapter 36 / Subchapter 1 / Section 5-36-103
Theft of property
Status: in_force

(a) A person commits theft of property if he or she knowingly: (1) Takes or exercises unauthorized control over or makes an unauthorized transfer of an interest in the property of another person with the purpose of depriving the owner of the property; or (2) Obtains the property of another person by deception or by threat with the purpose of depriving the owner of the property. (b) Theft of property is a: (1) Class B felony if: (A) The value of the property is twenty-five thousand dollars ($25,000) or more; (B) The property is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person; (C) The property is obtained by threat and the actor stands in a confidential or fiduciary relationship to the person threatened; or (D) The property is: (i) Anhydrous ammonia in any form; (ii) A product containing any percentage of anhydrous ammonia in any form; (iii) Utility property and the value of the property is five hundred dollars ($500) or more; or (iv) Oil and gas equipment, the value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000), and the person: (a) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or (b) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment; (2) Class C felony if: (A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); (B) The property is obtained by threat; (C) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more; (D) The property is building material obtained from a permitted construction site and the value of the building material is five hundred dollars ($500) or more; (E) The value of the property is five hundred dollars ($500) or more and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; or (F) The property is oil and gas equipment, the value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000), and the person: (i) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or (ii) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment; (3) Class D felony if: (A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); (B) The property is a firearm valued at less than two thousand five hundred dollars ($2,500); (C) The property is a: (i) Credit card or credit card account number; or (ii) Debit card or debit card account number; (D) The value of the property is at least one hundred dollars ($100) or more but less than five hundred dollars ($500) and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; (E) The property is livestock and the value of the livestock is in excess of two hundred dollars ($200); (F) The property is an electric power line, gas line, water line, wire or fiber insulator, electric motor, or other similar apparatus connected to a farm shop, on-farm grain drying and storage complex, heating and cooling system, environmental control system, animal production facility, irrigation system, or dwelling; (G) The property is a decorative or memorial item from a cemetery, graveyard, or a person's grave site and the offense is the actor's second or subsequent offense of theft of a decorative or memorial item from a cemetery, graveyard, or a person's grave site under this section; (H) The property is oil and gas equipment and the value of the oil and gas equipment is one thousand dollars ($1,000) or less, and the person: (i) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or (ii) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment; (I) The property is a postal package removed from the curtilage of a residential occupiable structure or from a delivery vehicle at any point throughout the delivery route; or (J) The value of the property is one thousand dollars ($1,000) or less and the person has been previously convicted of a theft offense of any classification within ten (10) years of the current offense; or (4) Class A misdemeanor if: (A) The value of the property is one thousand dollars ($1,000) or less; (B) The property has inherent, subjective, or idiosyncratic value to its owner or possessor even if the property has no market value or replacement cost; or (C) The property is a decorative or memorial item from a cemetery, graveyard, or a person's grave site. (c) (1) Upon the proclamation of a state of emergency by the President of the United States or the Governor or upon the declaration of a local emergency by the executive officer of any city or county and for a period of thirty (30) days following that declaration, the penalty for theft of property is enhanced if the property is: (A) A generator intended for use by: (i) A public facility; (ii) A nursing home or hospital; (iii) An airport; (iv) A public safety device; (v) A communication tower or facility; (vi) A public utility; (vii) A water system or sewer system; (viii) A public safety agency; or (ix) Any other facility or use providing a vital service; or (B) Any other equipment used in the transmission of electric power or telephone service. (2) As used in this subsection: (A) "Public safety agency" means an agency of the State of Arkansas or a functional division of a political subdivision that provides: (i) Firefighting and rescue; (ii) Natural or human-caused disaster or major emergency response; (iii) Law enforcement; or (iv) Ambulance or emergency medical services; and (B) "Public safety device" includes, but is not limited to, a traffic signaling device or a railroad crossing device. (3) The penalty is enhanced as follows: (A) (i) The fine for the offense shall be at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000). (ii) The fine is mandatory; and (B) The offense is a Class D felony if it would have been a Class A misdemeanor. Amended by Act 2023, No. 659,§ 37, eff. 1/1/2024. Amended by Act 2021, No. 340,§ 2, eff. 3/15/2021. Amended by Act 2019, No. 611,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 503,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 311,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 1125,§ 7, eff. 8/16/2013. Acts 1975, No. 280, § 2203; 1977, No. 360, § 8; 1979, No. 592, § 1; 1983, No. 719, § 1; A.S.A. 1947, § 41-2203; Acts 1987, No. 934, § 3; 1991, No. 712, § 1; 1995, No. 277, § 1; 1997, No. 516, § 1; 2001, No. 157, § 1; No. 1195, § 1; 2003, No. 838, § 1; 2005, No. 1442, § 1; 2007, No. 693, § 1; 2007, No. 827, § 39; 2009, No. 1295, § 2; 2011, No. 570, § 23; 2011, No. 1120, § 8; 2011, No. 1227, § 1.

(a) A person commits theft of property if he or she knowingly: (1) Takes or exercises unauthorized control over or makes an unauthorized transfer of an interest in the property of another person with the purpose of depriving the owner of the property; or (2) Obtains the property of another person by deception or by threat with the purpose of depriving the owner of the property.

(1) Takes or exercises unauthorized control over or makes an unauthorized transfer of an interest in the property of another person with the purpose of depriving the owner of the property; or

(2) Obtains the property of another person by deception or by threat with the purpose of depriving the owner of the property.

(b) Theft of property is a: (1) Class B felony if: (A) The value of the property is twenty-five thousand dollars ($25,000) or more; (B) The property is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person; (C) The property is obtained by threat and the actor stands in a confidential or fiduciary relationship to the person threatened; or (D) The property is: (i) Anhydrous ammonia in any form; (ii) A product containing any percentage of anhydrous ammonia in any form; (iii) Utility property and the value of the property is five hundred dollars ($500) or more; or (iv) Oil and gas equipment, the value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000), and the person: (a) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or (b) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment; (2) Class C felony if: (A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); (B) The property is obtained by threat; (C) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more; (D) The property is building material obtained from a permitted construction site and the value of the building material is five hundred dollars ($500) or more; (E) The value of the property is five hundred dollars ($500) or more and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; or (F) The property is oil and gas equipment, the value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000), and the person: (i) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or (ii) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment; (3) Class D felony if: (A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); (B) The property is a firearm valued at less than two thousand five hundred dollars ($2,500); (C) The property is a: (i) Credit card or credit card account number; or (ii) Debit card or debit card account number; (D) The value of the property is at least one hundred dollars ($100) or more but less than five hundred dollars ($500) and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; (E) The property is livestock and the value of the livestock is in excess of two hundred dollars ($200); (F) The property is an electric power line, gas line, water line, wire or fiber insulator, electric motor, or other similar apparatus connected to a farm shop, on-farm grain drying and storage complex, heating and cooling system, environmental control system, animal production facility, irrigation system, or dwelling; (G) The property is a decorative or memorial item from a cemetery, graveyard, or a person's grave site and the offense is the actor's second or subsequent offense of theft of a decorative or memorial item from a cemetery, graveyard, or a person's grave site under this section; (H) The property is oil and gas equipment and the value of the oil and gas equipment is one thousand dollars ($1,000) or less, and the person: (i) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or (ii) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment; (I) The property is a postal package removed from the curtilage of a residential occupiable structure or from a delivery vehicle at any point throughout the delivery route; or (J) The value of the property is one thousand dollars ($1,000) or less and the person has been previously convicted of a theft offense of any classification within ten (10) years of the current offense; or (4) Class A misdemeanor if: (A) The value of the property is one thousand dollars ($1,000) or less; (B) The property has inherent, subjective, or idiosyncratic value to its owner or possessor even if the property has no market value or replacement cost; or (C) The property is a decorative or memorial item from a cemetery, graveyard, or a person's grave site.

(1) Class B felony if: (A) The value of the property is twenty-five thousand dollars ($25,000) or more; (B) The property is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person; (C) The property is obtained by threat and the actor stands in a confidential or fiduciary relationship to the person threatened; or (D) The property is: (i) Anhydrous ammonia in any form; (ii) A product containing any percentage of anhydrous ammonia in any form; (iii) Utility property and the value of the property is five hundred dollars ($500) or more; or (iv) Oil and gas equipment, the value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000), and the person: (a) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or (b) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment;

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

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

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

(D) The property is: (i) Anhydrous ammonia in any form; (ii) A product containing any percentage of anhydrous ammonia in any form; (iii) Utility property and the value of the property is five hundred dollars ($500) or more; or (iv) Oil and gas equipment, the value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000), and the person: (a) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or (b) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment;

(i) Anhydrous ammonia in any form;

(ii) A product containing any percentage of anhydrous ammonia in any form;

(iii) Utility property and the value of the property is five hundred dollars ($500) or more; or

(iv) Oil and gas equipment, the value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000), and the person: (a) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or (b) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment;

(a) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or

(b) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment;

(2) Class C felony if: (A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); (B) The property is obtained by threat; (C) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more; (D) The property is building material obtained from a permitted construction site and the value of the building material is five hundred dollars ($500) or more; (E) The value of the property is five hundred dollars ($500) or more and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; or (F) The property is oil and gas equipment, the value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000), and the person: (i) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or (ii) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment;

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

(B) The property is obtained by threat;

(C) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more;

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

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

(F) The property is oil and gas equipment, the value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000), and the person: (i) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or (ii) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment;

(i) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or

(ii) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment;

(3) Class D felony if: (A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); (B) The property is a firearm valued at less than two thousand five hundred dollars ($2,500); (C) The property is a: (i) Credit card or credit card account number; or (ii) Debit card or debit card account number; (D) The value of the property is at least one hundred dollars ($100) or more but less than five hundred dollars ($500) and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; (E) The property is livestock and the value of the livestock is in excess of two hundred dollars ($200); (F) The property is an electric power line, gas line, water line, wire or fiber insulator, electric motor, or other similar apparatus connected to a farm shop, on-farm grain drying and storage complex, heating and cooling system, environmental control system, animal production facility, irrigation system, or dwelling; (G) The property is a decorative or memorial item from a cemetery, graveyard, or a person's grave site and the offense is the actor's second or subsequent offense of theft of a decorative or memorial item from a cemetery, graveyard, or a person's grave site under this section; (H) The property is oil and gas equipment and the value of the oil and gas equipment is one thousand dollars ($1,000) or less, and the person: (i) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or (ii) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment; (I) The property is a postal package removed from the curtilage of a residential occupiable structure or from a delivery vehicle at any point throughout the delivery route; or (J) The value of the property is one thousand dollars ($1,000) or less and the person has been previously convicted of a theft offense of any classification within ten (10) years of the current offense; or

(A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000);

(B) The property is a firearm valued at less than two thousand five hundred dollars ($2,500);

(C) The property is a: (i) Credit card or credit card account number; or (ii) Debit card or debit card account number;

(i) Credit card or credit card account number; or

(ii) Debit card or debit card account number;

(D) The value of the property is at least one hundred dollars ($100) or more but less than five hundred dollars ($500) and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county;

(E) The property is livestock and the value of the livestock is in excess of two hundred dollars ($200);

(F) The property is an electric power line, gas line, water line, wire or fiber insulator, electric motor, or other similar apparatus connected to a farm shop, on-farm grain drying and storage complex, heating and cooling system, environmental control system, animal production facility, irrigation system, or dwelling;

(G) The property is a decorative or memorial item from a cemetery, graveyard, or a person's grave site and the offense is the actor's second or subsequent offense of theft of a decorative or memorial item from a cemetery, graveyard, or a person's grave site under this section;

(H) The property is oil and gas equipment and the value of the oil and gas equipment is one thousand dollars ($1,000) or less, and the person: (i) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or (ii) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment;

(i) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or

(ii) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment;

(I) The property is a postal package removed from the curtilage of a residential occupiable structure or from a delivery vehicle at any point throughout the delivery route; or

(J) The value of the property is one thousand dollars ($1,000) or less and the person has been previously convicted of a theft offense of any classification within ten (10) years of the current offense; or

(4) Class A misdemeanor if: (A) The value of the property is one thousand dollars ($1,000) or less; (B) The property has inherent, subjective, or idiosyncratic value to its owner or possessor even if the property has no market value or replacement cost; or (C) The property is a decorative or memorial item from a cemetery, graveyard, or a person's grave site.

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

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

(C) The property is a decorative or memorial item from a cemetery, graveyard, or a person's grave site.

(c) (1) Upon the proclamation of a state of emergency by the President of the United States or the Governor or upon the declaration of a local emergency by the executive officer of any city or county and for a period of thirty (30) days following that declaration, the penalty for theft of property is enhanced if the property is: (A) A generator intended for use by: (i) A public facility; (ii) A nursing home or hospital; (iii) An airport; (iv) A public safety device; (v) A communication tower or facility; (vi) A public utility; (vii) A water system or sewer system; (viii) A public safety agency; or (ix) Any other facility or use providing a vital service; or (B) Any other equipment used in the transmission of electric power or telephone service. (2) As used in this subsection: (A) "Public safety agency" means an agency of the State of Arkansas or a functional division of a political subdivision that provides: (i) Firefighting and rescue; (ii) Natural or human-caused disaster or major emergency response; (iii) Law enforcement; or (iv) Ambulance or emergency medical services; and (B) "Public safety device" includes, but is not limited to, a traffic signaling device or a railroad crossing device. (3) The penalty is enhanced as follows: (A) (i) The fine for the offense shall be at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000). (ii) The fine is mandatory; and (B) The offense is a Class D felony if it would have been a Class A misdemeanor.

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

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

(i) A public facility;

(ii) A nursing home or hospital;

(iii) An airport;

(iv) A public safety device;

(v) A communication tower or facility;

(vi) A public utility;

(vii) A water system or sewer system;

(viii) A public safety agency; or

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

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

(2) As used in this subsection: (A) "Public safety agency" means an agency of the State of Arkansas or a functional division of a political subdivision that provides: (i) Firefighting and rescue; (ii) Natural or human-caused disaster or major emergency response; (iii) Law enforcement; or (iv) Ambulance or emergency medical services; and (B) "Public safety device" includes, but is not limited to, a traffic signaling device or a railroad crossing device.

(A) "Public safety agency" means an agency of the State of Arkansas or a functional division of a political subdivision that provides: (i) Firefighting and rescue; (ii) Natural or human-caused disaster or major emergency response; (iii) Law enforcement; or (iv) Ambulance or emergency medical services; and

(i) Firefighting and rescue;

(ii) Natural or human-caused disaster or major emergency response;

(iii) Law enforcement; or

(iv) Ambulance or emergency medical services; and

(B) "Public safety device" includes, but is not limited to, a traffic signaling device or a railroad crossing device.

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

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

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

(ii) The fine is mandatory; and

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

Amended by Act 2023, No. 659,§ 37, eff. 1/1/2024.

Amended by Act 2021, No. 340,§ 2, eff. 3/15/2021.

Amended by Act 2019, No. 611,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 503,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 311,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 1125,§ 7, eff. 8/16/2013.

Acts 1975, No. 280, § 2203; 1977, No. 360, § 8; 1979, No. 592, § 1; 1983, No. 719, § 1; A.S.A. 1947, § 41-2203; Acts 1987, No. 934, § 3; 1991, No. 712, § 1; 1995, No. 277, § 1; 1997, No. 516, § 1; 2001, No. 157, § 1; No. 1195, § 1; 2003, No. 838, § 1; 2005, No. 1442, § 1; 2007, No. 693, § 1; 2007, No. 827, § 39; 2009, No. 1295, § 2; 2011, No. 570, § 23; 2011, No. 1120, § 8; 2011, No. 1227, § 1.
Ark. Code Ann. § 5-4-602 — AR Code / Title 5 / Chapter 4 / Subchapter 6 / Section 5-4-602
Capital felony charge - Trial procedure
Status: in_force

The following procedures govern a trial of a person charged with a capital felony: (1) The jury shall first hear all evidence relevant to the charge and shall then retire to reach a verdict of guilt or innocence; (2) If the defendant is found not guilty of the capital offense charged but guilty of a lesser included offense, the sentence shall be determined and imposed as provided by law; (3) (A) If the defendant is found guilty of a capital felony, the same jury shall sit again, except as provided in § 5-4-616 , in order to: (i) Hear additional evidence as provided by subdivisions (4) and (5) of this section; and (ii) Determine the sentence in the manner provided by § 5-4-603 . (B) However, if the state waives the death penalty, stipulates that no aggravating circumstance exists, or stipulates that mitigating circumstances outweigh aggravating circumstances, then: (i) A hearing under subdivision (3)(A) of this section is not required; and (ii) The trial court shall sentence the defendant to life imprisonment without parole. (C) If the defendant was less than eighteen (18) years of age at the time of the offense, then a hearing under subdivision (3)(A) of this section is not required; (4) (A) If the defendant and the state are accorded an opportunity to rebut the evidence, in determining the sentence evidence may be presented to the jury as to any: (i) Matter relating to an aggravating circumstance enumerated in § 5-4-604 ; (ii) Mitigating circumstance; or (iii) Other matter relevant to punishment, including, but not limited to, victim impact evidence. (B) (i) Evidence as to any mitigating circumstance may be presented by either the state or the defendant regardless of the evidence's admissibility under the rules governing admission of evidence in a trial of a criminal matter. (ii) However, mitigating circumstance evidence shall be relevant to the issue of punishment, including, but not limited to, the nature and circumstances of the crime, and the defendant's character, background, history, and mental and physical condition as set forth in § 5-4-605 . (C) The admissibility of evidence relevant to an aggravating circumstance set forth in § 5-4-604 is governed by the rules governing the admission of evidence in a trial of a criminal matter. (D) Any evidence admitted at the trial relevant to punishment may be considered by the jury without the necessity of reintroducing the evidence at the sentencing proceeding; and (5) The state and the defendant or his or her counsel are permitted to present argument respecting sentencing: (A) The state shall open the argument; (B) The defendant is permitted to reply; and (C) The state is then permitted to reply in rebuttal. Amended by Act 2021, No. 695,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 539,§ 5, eff. 3/20/2017. Acts 1975, No. 280, § 1301; A.S.A. 1947, § 41-1301; Acts 1993, No. 1089, § 1.

The following procedures govern a trial of a person charged with a capital felony:

(1) The jury shall first hear all evidence relevant to the charge and shall then retire to reach a verdict of guilt or innocence;

(2) If the defendant is found not guilty of the capital offense charged but guilty of a lesser included offense, the sentence shall be determined and imposed as provided by law;

(3) (A) If the defendant is found guilty of a capital felony, the same jury shall sit again, except as provided in § 5-4-616 , in order to: (i) Hear additional evidence as provided by subdivisions (4) and (5) of this section; and (ii) Determine the sentence in the manner provided by § 5-4-603 . (B) However, if the state waives the death penalty, stipulates that no aggravating circumstance exists, or stipulates that mitigating circumstances outweigh aggravating circumstances, then: (i) A hearing under subdivision (3)(A) of this section is not required; and (ii) The trial court shall sentence the defendant to life imprisonment without parole. (C) If the defendant was less than eighteen (18) years of age at the time of the offense, then a hearing under subdivision (3)(A) of this section is not required;

(A) If the defendant is found guilty of a capital felony, the same jury shall sit again, except as provided in § 5-4-616 , in order to: (i) Hear additional evidence as provided by subdivisions (4) and (5) of this section; and (ii) Determine the sentence in the manner provided by § 5-4-603 .

(i) Hear additional evidence as provided by subdivisions (4) and (5) of this section; and

(ii) Determine the sentence in the manner provided by § 5-4-603 .

(B) However, if the state waives the death penalty, stipulates that no aggravating circumstance exists, or stipulates that mitigating circumstances outweigh aggravating circumstances, then: (i) A hearing under subdivision (3)(A) of this section is not required; and (ii) The trial court shall sentence the defendant to life imprisonment without parole.

(i) A hearing under subdivision (3)(A) of this section is not required; and

(ii) The trial court shall sentence the defendant to life imprisonment without parole.

(C) If the defendant was less than eighteen (18) years of age at the time of the offense, then a hearing under subdivision (3)(A) of this section is not required;

(4) (A) If the defendant and the state are accorded an opportunity to rebut the evidence, in determining the sentence evidence may be presented to the jury as to any: (i) Matter relating to an aggravating circumstance enumerated in § 5-4-604 ; (ii) Mitigating circumstance; or (iii) Other matter relevant to punishment, including, but not limited to, victim impact evidence. (B) (i) Evidence as to any mitigating circumstance may be presented by either the state or the defendant regardless of the evidence's admissibility under the rules governing admission of evidence in a trial of a criminal matter. (ii) However, mitigating circumstance evidence shall be relevant to the issue of punishment, including, but not limited to, the nature and circumstances of the crime, and the defendant's character, background, history, and mental and physical condition as set forth in § 5-4-605 . (C) The admissibility of evidence relevant to an aggravating circumstance set forth in § 5-4-604 is governed by the rules governing the admission of evidence in a trial of a criminal matter. (D) Any evidence admitted at the trial relevant to punishment may be considered by the jury without the necessity of reintroducing the evidence at the sentencing proceeding; and

(A) If the defendant and the state are accorded an opportunity to rebut the evidence, in determining the sentence evidence may be presented to the jury as to any: (i) Matter relating to an aggravating circumstance enumerated in § 5-4-604 ; (ii) Mitigating circumstance; or (iii) Other matter relevant to punishment, including, but not limited to, victim impact evidence.

(i) Matter relating to an aggravating circumstance enumerated in § 5-4-604 ;

(ii) Mitigating circumstance; or

(iii) Other matter relevant to punishment, including, but not limited to, victim impact evidence.

(B) (i) Evidence as to any mitigating circumstance may be presented by either the state or the defendant regardless of the evidence's admissibility under the rules governing admission of evidence in a trial of a criminal matter. (ii) However, mitigating circumstance evidence shall be relevant to the issue of punishment, including, but not limited to, the nature and circumstances of the crime, and the defendant's character, background, history, and mental and physical condition as set forth in § 5-4-605 .

(i) Evidence as to any mitigating circumstance may be presented by either the state or the defendant regardless of the evidence's admissibility under the rules governing admission of evidence in a trial of a criminal matter.

(ii) However, mitigating circumstance evidence shall be relevant to the issue of punishment, including, but not limited to, the nature and circumstances of the crime, and the defendant's character, background, history, and mental and physical condition as set forth in § 5-4-605 .

(C) The admissibility of evidence relevant to an aggravating circumstance set forth in § 5-4-604 is governed by the rules governing the admission of evidence in a trial of a criminal matter.

(D) Any evidence admitted at the trial relevant to punishment may be considered by the jury without the necessity of reintroducing the evidence at the sentencing proceeding; and

(5) The state and the defendant or his or her counsel are permitted to present argument respecting sentencing: (A) The state shall open the argument; (B) The defendant is permitted to reply; and (C) The state is then permitted to reply in rebuttal.

(A) The state shall open the argument;

(B) The defendant is permitted to reply; and

(C) The state is then permitted to reply in rebuttal.

Amended by Act 2021, No. 695,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 539,§ 5, eff. 3/20/2017.

Acts 1975, No. 280, § 1301; A.S.A. 1947, § 41-1301; Acts 1993, No. 1089, § 1.
Ark. Code Ann. § 5-55-111 — AR Code / Title 5 / Chapter 55 / Subchapter 1 / Section 5-55-111
Criminal acts constituting Medicaid fraud
Status: in_force

A person commits Medicaid fraud when he or she: (1) Purposely makes or causes to be made any omission or false statement or representation of a material fact in any claim, request for payment, or application for any benefit or payment under the Arkansas Medicaid Program; (2) At any time purposely makes or causes to be made any omission or false statement or representation of a material fact for use in determining rights to a benefit or payment under the Arkansas Medicaid Program; (3) Having knowledge of the occurrence of any event affecting his or her initial or continued right to any benefit or payment under the Arkansas Medicaid Program, or the initial or continued right to any benefit or payment under the Arkansas Medicaid Program of any other individual in whose behalf he or she has applied for or is receiving the benefit or payment under the Arkansas Medicaid Program, purposely conceals or fails to disclose the event with an intent fraudulently to secure the benefit or payment under the Arkansas Medicaid Program either in a greater amount or quantity than is due or when no benefit or payment under the Arkansas Medicaid Program is authorized; (4) Having made or submitted a claim, request for payment, or application to receive any benefit or payment under the Arkansas Medicaid Program for the use and benefit of another person and having received it, purposely converts the benefit or payment under the Arkansas Medicaid Program or any part of the benefit or payment under the Arkansas Medicaid Program to a use other than for the use and benefit of the other person; (5) Purposely presents or causes to be presented a claim for a service required to be provided by a person with a particular type of license or credential while knowing that the individual who furnished the service was not licensed or credentialed; (6) Purposely solicits or receives any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind: (A) In return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under the Arkansas Medicaid Program; or (B) In return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under the Arkansas Medicaid Program; (7) (A) Purposely offers or pays any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind, to any person to induce that person to: (i) Refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under the Arkansas Medicaid Program; or (ii) Purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under the Arkansas Medicaid Program. (B) If the transaction is otherwise legal and properly documented as occurring in the normal course of business, subdivisions (7)(A)(i) and (ii) of this section do not apply to: (i) A discount or other reduction in price obtained by a provider of services or other entity under the Arkansas Medicaid Program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under the Arkansas Medicaid Program; (ii) Any amount paid by an employer to an employee who has a bona fide employment relationship with the employer for employment in the provision of covered items or services; (iii) Any amount paid by a vendor of goods or services to a person authorized to act as a purchasing agent for a group of individuals or entities who are furnishing services reimbursed under the Arkansas Medicaid Program if: (a) The person has a written contract with each individual or entity that specifies the amount to be paid to the person and the amount may be a fixed amount or a fixed percentage of the value of the purchases made by each individual or entity under the contract; and (b) In the case of an entity that is a provider of services as defined in § 20-9-101 , the person discloses in such form and manner as the Secretary of the Department of Human Services requires to the entity and, upon request, to the secretary, the amount received from each vendor with respect to purchases made by or on behalf of the entity; or (iv) Any payment practice specified by the secretary promulgated pursuant to applicable federal or state law; (8) Purposely makes or causes to be made, or induces or seeks to induce, any omission or false statement or representation of a material fact with respect to the conditions or operation of any institution, facility, or Medicaid provider in order that the institution, facility, or Medicaid provider may qualify to obtain or maintain any licensure or certification when the licensure or certification is required to be enrolled or eligible to deliver any healthcare goods or services to Medicaid recipients by state law, federal law, or the rules of the Arkansas Medicaid Program; (9) Purposely: (A) Charges, for any service provided to a patient under the Arkansas Medicaid Program, money or other consideration at a rate in excess of the rates established by the state; or (B) Charges, solicits, accepts, or receives, in addition to any amount otherwise required to be paid under the Arkansas Medicaid Program, any gift, money, donation, or other consideration other than a charitable, religious, or philanthropic contribution from an organization or from a person unrelated to the patient: (i) As a precondition of admitting a patient to a hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities; or (ii) As a requirement for the patient's continued stay in a hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities when the cost of the services provided in the hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities to the patient is paid for in whole or in part under the Arkansas Medicaid Program; (10) Purposely makes or causes to be made any false statement or representation of a material fact in any application for a benefit or payment in violation of the rules and provider agreements issued by the Arkansas Medicaid Program or its fiscal agents; (11) Knowingly submits false documentation or makes or causes to be made or induces or seeks to induce any material false statement to the Office of Medicaid Inspector General or the Medicaid Fraud Control Unit within the office of the Attorney General during an audit or in response to a request for information or a subpoena; (12) Purposely forges the signature of a doctor, nurse, or other medical professional on a prescription, referral for healthcare goods or services, or finding of medical necessity for any Medicaid recipient of the Arkansas Medicaid Program; (13) Knowingly submits a forged prescription, referral for healthcare goods or services, or finding of medical necessity for: (A) Payment under the Arkansas Medicaid Program; or (B) An audit or in response to a request for information or a subpoena to the Office of Medicaid Inspector General or the Medicaid Fraud Control Unit within the office of the Attorney General; or (14) Purposely places a false entry in a medical chart, medical record, or any record of services required to be made to the Arkansas Medicaid Program that indicates that healthcare goods or services have been provided to a Medicaid recipient knowing that the healthcare goods or services were not provided. Amended by Act 2019, No. 315,§ 152, eff. 7/24/2019. Amended by Act 2019, No. 916,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 916,§ 7, eff. 7/24/2019. Amended by Act 2019, No. 916,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5130, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5129, eff. 7/1/2019. Amended by Act 2017, No. 978,§ 6, eff. 8/1/2017. Acts 1993, No. 1291, § 6.

A person commits Medicaid fraud when he or she:

(1) Purposely makes or causes to be made any omission or false statement or representation of a material fact in any claim, request for payment, or application for any benefit or payment under the Arkansas Medicaid Program;

(2) At any time purposely makes or causes to be made any omission or false statement or representation of a material fact for use in determining rights to a benefit or payment under the Arkansas Medicaid Program;

(3) Having knowledge of the occurrence of any event affecting his or her initial or continued right to any benefit or payment under the Arkansas Medicaid Program, or the initial or continued right to any benefit or payment under the Arkansas Medicaid Program of any other individual in whose behalf he or she has applied for or is receiving the benefit or payment under the Arkansas Medicaid Program, purposely conceals or fails to disclose the event with an intent fraudulently to secure the benefit or payment under the Arkansas Medicaid Program either in a greater amount or quantity than is due or when no benefit or payment under the Arkansas Medicaid Program is authorized;

(4) Having made or submitted a claim, request for payment, or application to receive any benefit or payment under the Arkansas Medicaid Program for the use and benefit of another person and having received it, purposely converts the benefit or payment under the Arkansas Medicaid Program or any part of the benefit or payment under the Arkansas Medicaid Program to a use other than for the use and benefit of the other person;

(5) Purposely presents or causes to be presented a claim for a service required to be provided by a person with a particular type of license or credential while knowing that the individual who furnished the service was not licensed or credentialed;

(6) Purposely solicits or receives any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind: (A) In return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under the Arkansas Medicaid Program; or (B) In return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under the Arkansas Medicaid Program;

(A) In return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under the Arkansas Medicaid Program; or

(B) In return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under the Arkansas Medicaid Program;

(7) (A) Purposely offers or pays any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind, to any person to induce that person to: (i) Refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under the Arkansas Medicaid Program; or (ii) Purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under the Arkansas Medicaid Program. (B) If the transaction is otherwise legal and properly documented as occurring in the normal course of business, subdivisions (7)(A)(i) and (ii) of this section do not apply to: (i) A discount or other reduction in price obtained by a provider of services or other entity under the Arkansas Medicaid Program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under the Arkansas Medicaid Program; (ii) Any amount paid by an employer to an employee who has a bona fide employment relationship with the employer for employment in the provision of covered items or services; (iii) Any amount paid by a vendor of goods or services to a person authorized to act as a purchasing agent for a group of individuals or entities who are furnishing services reimbursed under the Arkansas Medicaid Program if: (a) The person has a written contract with each individual or entity that specifies the amount to be paid to the person and the amount may be a fixed amount or a fixed percentage of the value of the purchases made by each individual or entity under the contract; and (b) In the case of an entity that is a provider of services as defined in § 20-9-101 , the person discloses in such form and manner as the Secretary of the Department of Human Services requires to the entity and, upon request, to the secretary, the amount received from each vendor with respect to purchases made by or on behalf of the entity; or (iv) Any payment practice specified by the secretary promulgated pursuant to applicable federal or state law;

(A) Purposely offers or pays any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind, to any person to induce that person to: (i) Refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under the Arkansas Medicaid Program; or (ii) Purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under the Arkansas Medicaid Program.

(i) Refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under the Arkansas Medicaid Program; or

(ii) Purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under the Arkansas Medicaid Program.

(B) If the transaction is otherwise legal and properly documented as occurring in the normal course of business, subdivisions (7)(A)(i) and (ii) of this section do not apply to: (i) A discount or other reduction in price obtained by a provider of services or other entity under the Arkansas Medicaid Program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under the Arkansas Medicaid Program; (ii) Any amount paid by an employer to an employee who has a bona fide employment relationship with the employer for employment in the provision of covered items or services; (iii) Any amount paid by a vendor of goods or services to a person authorized to act as a purchasing agent for a group of individuals or entities who are furnishing services reimbursed under the Arkansas Medicaid Program if: (a) The person has a written contract with each individual or entity that specifies the amount to be paid to the person and the amount may be a fixed amount or a fixed percentage of the value of the purchases made by each individual or entity under the contract; and (b) In the case of an entity that is a provider of services as defined in § 20-9-101 , the person discloses in such form and manner as the Secretary of the Department of Human Services requires to the entity and, upon request, to the secretary, the amount received from each vendor with respect to purchases made by or on behalf of the entity; or (iv) Any payment practice specified by the secretary promulgated pursuant to applicable federal or state law;

(i) A discount or other reduction in price obtained by a provider of services or other entity under the Arkansas Medicaid Program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under the Arkansas Medicaid Program;

(ii) Any amount paid by an employer to an employee who has a bona fide employment relationship with the employer for employment in the provision of covered items or services;

(iii) Any amount paid by a vendor of goods or services to a person authorized to act as a purchasing agent for a group of individuals or entities who are furnishing services reimbursed under the Arkansas Medicaid Program if: (a) The person has a written contract with each individual or entity that specifies the amount to be paid to the person and the amount may be a fixed amount or a fixed percentage of the value of the purchases made by each individual or entity under the contract; and (b) In the case of an entity that is a provider of services as defined in § 20-9-101 , the person discloses in such form and manner as the Secretary of the Department of Human Services requires to the entity and, upon request, to the secretary, the amount received from each vendor with respect to purchases made by or on behalf of the entity; or

(a) The person has a written contract with each individual or entity that specifies the amount to be paid to the person and the amount may be a fixed amount or a fixed percentage of the value of the purchases made by each individual or entity under the contract; and

(b) In the case of an entity that is a provider of services as defined in § 20-9-101 , the person discloses in such form and manner as the Secretary of the Department of Human Services requires to the entity and, upon request, to the secretary, the amount received from each vendor with respect to purchases made by or on behalf of the entity; or

(iv) Any payment practice specified by the secretary promulgated pursuant to applicable federal or state law;

(8) Purposely makes or causes to be made, or induces or seeks to induce, any omission or false statement or representation of a material fact with respect to the conditions or operation of any institution, facility, or Medicaid provider in order that the institution, facility, or Medicaid provider may qualify to obtain or maintain any licensure or certification when the licensure or certification is required to be enrolled or eligible to deliver any healthcare goods or services to Medicaid recipients by state law, federal law, or the rules of the Arkansas Medicaid Program;

(9) Purposely: (A) Charges, for any service provided to a patient under the Arkansas Medicaid Program, money or other consideration at a rate in excess of the rates established by the state; or (B) Charges, solicits, accepts, or receives, in addition to any amount otherwise required to be paid under the Arkansas Medicaid Program, any gift, money, donation, or other consideration other than a charitable, religious, or philanthropic contribution from an organization or from a person unrelated to the patient: (i) As a precondition of admitting a patient to a hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities; or (ii) As a requirement for the patient's continued stay in a hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities when the cost of the services provided in the hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities to the patient is paid for in whole or in part under the Arkansas Medicaid Program;

(A) Charges, for any service provided to a patient under the Arkansas Medicaid Program, money or other consideration at a rate in excess of the rates established by the state; or

(B) Charges, solicits, accepts, or receives, in addition to any amount otherwise required to be paid under the Arkansas Medicaid Program, any gift, money, donation, or other consideration other than a charitable, religious, or philanthropic contribution from an organization or from a person unrelated to the patient: (i) As a precondition of admitting a patient to a hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities; or (ii) As a requirement for the patient's continued stay in a hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities when the cost of the services provided in the hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities to the patient is paid for in whole or in part under the Arkansas Medicaid Program;

(i) As a precondition of admitting a patient to a hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities; or

(ii) As a requirement for the patient's continued stay in a hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities when the cost of the services provided in the hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities to the patient is paid for in whole or in part under the Arkansas Medicaid Program;

(10) Purposely makes or causes to be made any false statement or representation of a material fact in any application for a benefit or payment in violation of the rules and provider agreements issued by the Arkansas Medicaid Program or its fiscal agents;

(11) Knowingly submits false documentation or makes or causes to be made or induces or seeks to induce any material false statement to the Office of Medicaid Inspector General or the Medicaid Fraud Control Unit within the office of the Attorney General during an audit or in response to a request for information or a subpoena;

(12) Purposely forges the signature of a doctor, nurse, or other medical professional on a prescription, referral for healthcare goods or services, or finding of medical necessity for any Medicaid recipient of the Arkansas Medicaid Program;

(13) Knowingly submits a forged prescription, referral for healthcare goods or services, or finding of medical necessity for: (A) Payment under the Arkansas Medicaid Program; or (B) An audit or in response to a request for information or a subpoena to the Office of Medicaid Inspector General or the Medicaid Fraud Control Unit within the office of the Attorney General; or

(A) Payment under the Arkansas Medicaid Program; or

(B) An audit or in response to a request for information or a subpoena to the Office of Medicaid Inspector General or the Medicaid Fraud Control Unit within the office of the Attorney General; or

(14) Purposely places a false entry in a medical chart, medical record, or any record of services required to be made to the Arkansas Medicaid Program that indicates that healthcare goods or services have been provided to a Medicaid recipient knowing that the healthcare goods or services were not provided.

Amended by Act 2019, No. 315,§ 152, eff. 7/24/2019.

Amended by Act 2019, No. 916,§ 8, eff. 7/24/2019.

Amended by Act 2019, No. 916,§ 7, eff. 7/24/2019.

Amended by Act 2019, No. 916,§ 6, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5130, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5129, eff. 7/1/2019.

Amended by Act 2017, No. 978,§ 6, eff. 8/1/2017.

Acts 1993, No. 1291, § 6.
Ark. Code Ann. § 5-4-703 — AR Code / Title 5 / Chapter 4 / Subchapter 7 / Section 5-4-703
Additional fine - Offense committed against a child or in the presence of a child
Status: in_force

(a) In addition to any other sentence, the court shall assess an additional fine of one hundred dollars ($100) for the following offenses if the finder of fact determines that the offense was committed against a child or in the presence of a child: (1) A felony involving violence as defined in § 5-4-501(d)(2) ; (2) Manslaughter, § 5-10-104 , or negligent homicide, § 5-10-105 ; (3) False imprisonment in the first degree, § 5-11-103 , or false imprisonment in the second degree, § 5-11-104 ; (4) Battery in the second degree, § 5-13-202 , or battery in the third degree, § 5-13-203 ; (5) Aggravated assault, § 5-13-204 , assault in the first degree, § 5-13-205 , assault in the second degree, § 5-13-206 , assault in the third degree, § 5-13-207 , or coercion, § 5-13-208 ; (6) Introduction of controlled substance into body of another person, § 5-13-210 ; (7) Terroristic threatening, § 5-13-301 , or terroristic act, § 5-13-310 ; (8) Sexual indecency with a child, § 5-14-110 , if the offense is a felony or Class A misdemeanor, indecent exposure, § 5-14-112 , sexual assault in the third degree, § 5-14-126 , or sexual assault in the fourth degree, § 5-14-127 ; (9) Trafficking of persons, § 5-18-103 , or patronizing a victim of human trafficking, § 5-18-104 ; (10) Domestic battering in the second degree, § 5-26-304 , domestic battering in the third degree, § 5-26-305 , aggravated assault on a family or household member, § 5-26-306 , first degree assault on a family or household member, § 5-26-307 , second degree assault on a family or household member, § 5-26-308 , or third degree assault on a family or household member, § 5-26-309 ; (11) Endangering the welfare of a minor in the first degree, § 5-27-205 , endangering the welfare of a minor in the second degree, § 5-27-206 , or endangering the welfare of a minor in the third degree, § 5-27-207 ; (12) Engaging in sexually explicit conduct for use in visual or print medium, § 5-27-303 , pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 , transportation of minors for prohibited sexual conduct, § 5-27-305 , internet stalking of a child, § 5-27-306 , or sexually grooming a child, § 5-27-307 ; (13) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 , or producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (14) Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child, § 5-27-602 , possession or use of child sexual abuse material, § 5-27-603 , failure to report the existence of child sexual abuse material, § 5-27-604 , or computer exploitation of a child, § 5-27-605 ; (15) Fleeing, if under § 5-54-125(d) ; (16) Aggravated cruelty to a dog, cat, or equine, § 5-62-104 ; (17) A controlled substance offense in which an enhanced penalty under § 5-64-406 or § 5-64-407 is applied; (18) Driving or boating while intoxicated, § 5-65-103 ; or (19) Reckless driving, § 27-50-308 . (b) (1) A fine assessed and collected under this section shall be remitted on or before the fifteenth day of the following month to the Arkansas Children's Advocacy Center Fund under § 19-5-1260 . (2) A form identifying the amount of fines assessed under this section shall be transmitted with the collected fines. Amended by Act 2023, No. 619,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 21,§ 2, eff. 8/1/2023. Amended by Act 2017, No. 714,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 389,§ 2, eff. 8/1/2017. Added by Act 2015, No. 1220,§ 1, eff. 7/22/2015.

(a) In addition to any other sentence, the court shall assess an additional fine of one hundred dollars ($100) for the following offenses if the finder of fact determines that the offense was committed against a child or in the presence of a child: (1) A felony involving violence as defined in § 5-4-501(d)(2) ; (2) Manslaughter, § 5-10-104 , or negligent homicide, § 5-10-105 ; (3) False imprisonment in the first degree, § 5-11-103 , or false imprisonment in the second degree, § 5-11-104 ; (4) Battery in the second degree, § 5-13-202 , or battery in the third degree, § 5-13-203 ; (5) Aggravated assault, § 5-13-204 , assault in the first degree, § 5-13-205 , assault in the second degree, § 5-13-206 , assault in the third degree, § 5-13-207 , or coercion, § 5-13-208 ; (6) Introduction of controlled substance into body of another person, § 5-13-210 ; (7) Terroristic threatening, § 5-13-301 , or terroristic act, § 5-13-310 ; (8) Sexual indecency with a child, § 5-14-110 , if the offense is a felony or Class A misdemeanor, indecent exposure, § 5-14-112 , sexual assault in the third degree, § 5-14-126 , or sexual assault in the fourth degree, § 5-14-127 ; (9) Trafficking of persons, § 5-18-103 , or patronizing a victim of human trafficking, § 5-18-104 ; (10) Domestic battering in the second degree, § 5-26-304 , domestic battering in the third degree, § 5-26-305 , aggravated assault on a family or household member, § 5-26-306 , first degree assault on a family or household member, § 5-26-307 , second degree assault on a family or household member, § 5-26-308 , or third degree assault on a family or household member, § 5-26-309 ; (11) Endangering the welfare of a minor in the first degree, § 5-27-205 , endangering the welfare of a minor in the second degree, § 5-27-206 , or endangering the welfare of a minor in the third degree, § 5-27-207 ; (12) Engaging in sexually explicit conduct for use in visual or print medium, § 5-27-303 , pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 , transportation of minors for prohibited sexual conduct, § 5-27-305 , internet stalking of a child, § 5-27-306 , or sexually grooming a child, § 5-27-307 ; (13) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 , or producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (14) Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child, § 5-27-602 , possession or use of child sexual abuse material, § 5-27-603 , failure to report the existence of child sexual abuse material, § 5-27-604 , or computer exploitation of a child, § 5-27-605 ; (15) Fleeing, if under § 5-54-125(d) ; (16) Aggravated cruelty to a dog, cat, or equine, § 5-62-104 ; (17) A controlled substance offense in which an enhanced penalty under § 5-64-406 or § 5-64-407 is applied; (18) Driving or boating while intoxicated, § 5-65-103 ; or (19) Reckless driving, § 27-50-308 .

(1) A felony involving violence as defined in § 5-4-501(d)(2) ;

(2) Manslaughter, § 5-10-104 , or negligent homicide, § 5-10-105 ;

(3) False imprisonment in the first degree, § 5-11-103 , or false imprisonment in the second degree, § 5-11-104 ;

(4) Battery in the second degree, § 5-13-202 , or battery in the third degree, § 5-13-203 ;

(5) Aggravated assault, § 5-13-204 , assault in the first degree, § 5-13-205 , assault in the second degree, § 5-13-206 , assault in the third degree, § 5-13-207 , or coercion, § 5-13-208 ;

(6) Introduction of controlled substance into body of another person, § 5-13-210 ;

(7) Terroristic threatening, § 5-13-301 , or terroristic act, § 5-13-310 ;

(8) Sexual indecency with a child, § 5-14-110 , if the offense is a felony or Class A misdemeanor, indecent exposure, § 5-14-112 , sexual assault in the third degree, § 5-14-126 , or sexual assault in the fourth degree, § 5-14-127 ;

(9) Trafficking of persons, § 5-18-103 , or patronizing a victim of human trafficking, § 5-18-104 ;

(10) Domestic battering in the second degree, § 5-26-304 , domestic battering in the third degree, § 5-26-305 , aggravated assault on a family or household member, § 5-26-306 , first degree assault on a family or household member, § 5-26-307 , second degree assault on a family or household member, § 5-26-308 , or third degree assault on a family or household member, § 5-26-309 ;

(11) Endangering the welfare of a minor in the first degree, § 5-27-205 , endangering the welfare of a minor in the second degree, § 5-27-206 , or endangering the welfare of a minor in the third degree, § 5-27-207 ;

(12) Engaging in sexually explicit conduct for use in visual or print medium, § 5-27-303 , pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 , transportation of minors for prohibited sexual conduct, § 5-27-305 , internet stalking of a child, § 5-27-306 , or sexually grooming a child, § 5-27-307 ;

(13) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 , or producing, directing, or promoting a sexual performance by a child, § 5-27-403 ;

(14) Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child, § 5-27-602 , possession or use of child sexual abuse material, § 5-27-603 , failure to report the existence of child sexual abuse material, § 5-27-604 , or computer exploitation of a child, § 5-27-605 ;

(15) Fleeing, if under § 5-54-125(d) ;

(16) Aggravated cruelty to a dog, cat, or equine, § 5-62-104 ;

(17) A controlled substance offense in which an enhanced penalty under § 5-64-406 or § 5-64-407 is applied;

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

(19) Reckless driving, § 27-50-308 .

(b) (1) A fine assessed and collected under this section shall be remitted on or before the fifteenth day of the following month to the Arkansas Children's Advocacy Center Fund under § 19-5-1260 . (2) A form identifying the amount of fines assessed under this section shall be transmitted with the collected fines.

(1) A fine assessed and collected under this section shall be remitted on or before the fifteenth day of the following month to the Arkansas Children's Advocacy Center Fund under § 19-5-1260 .

(2) A form identifying the amount of fines assessed under this section shall be transmitted with the collected fines.

Amended by Act 2023, No. 619,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 21,§ 2, eff. 8/1/2023.

Amended by Act 2017, No. 714,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 389,§ 2, eff. 8/1/2017.

Added by Act 2015, No. 1220,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 5-62-112 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-112
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1348,§ 11, eff. 8/16/2013. Acts 1879, No. 47, § 14, p. 54; C. & M. Dig., § 2624; Pope's Dig., § 3311; A.S.A. 1947, § 41-2961; Acts 2009, No. 33, § 4.

Repealed by Act 2013, No. 1348,§ 11, eff. 8/16/2013.

Acts 1879, No. 47, § 14, p. 54; C. & M. Dig., § 2624; Pope's Dig., § 3311; A.S.A. 1947, § 41-2961; Acts 2009, No. 33, § 4.
Ark. Code Ann. § 5-36-303 — AR Code / Title 5 / Chapter 36 / Subchapter 3 / Section 5-36-303
Theft of wireless service
Status: in_force

(a) A person commits the offense of theft of wireless service if he or she purposely obtains wireless service by the use of an unlawful wireless device or without the consent of the wireless service provider. (b) Theft of wireless service is a: (1) Class A misdemeanor if the aggregate value of wireless service obtained is one thousand dollars ($1,000) or less; (2) Class D felony if the: (A) Aggregate value of wireless service obtained is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); or (B) Stolen wireless service is used to communicate a threat of damage or injury by bombing, fire, or other means, in a manner likely to: (i) Place another person in reasonable apprehension of physical injury to himself or herself or another person or of damage to his or her property or to the property of another person; or (ii) Create a public alarm; (3) Class C felony if the: (A) Aggregate value of wireless service is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000); (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; or (4) Class B felony if the aggregate value of the wireless service is twenty-five thousand dollars ($25,000) or more. Acts 1997, No. 1310, § 3; 2003, No. 1087, § 25; 2011, No. 570, § 26.

(a) A person commits the offense of theft of wireless service if he or she purposely obtains wireless service by the use of an unlawful wireless device or without the consent of the wireless service provider.

(b) Theft of wireless service is a: (1) Class A misdemeanor if the aggregate value of wireless service obtained is one thousand dollars ($1,000) or less; (2) Class D felony if the: (A) Aggregate value of wireless service obtained is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); or (B) Stolen wireless service is used to communicate a threat of damage or injury by bombing, fire, or other means, in a manner likely to: (i) Place another person in reasonable apprehension of physical injury to himself or herself or another person or of damage to his or her property or to the property of another person; or (ii) Create a public alarm; (3) Class C felony if the: (A) Aggregate value of wireless service is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000); (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; or (4) Class B felony if the aggregate value of the wireless service is twenty-five thousand dollars ($25,000) or more.

(1) Class A misdemeanor if the aggregate value of wireless service obtained is one thousand dollars ($1,000) or less;

(2) Class D felony if the: (A) Aggregate value of wireless service obtained is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); or (B) Stolen wireless service is used to communicate a threat of damage or injury by bombing, fire, or other means, in a manner likely to: (i) Place another person in reasonable apprehension of physical injury to himself or herself or another person or of damage to his or her property or to the property of another person; or (ii) Create a public alarm;

(A) Aggregate value of wireless service obtained is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); or

(B) Stolen wireless service is used to communicate a threat of damage or injury by bombing, fire, or other means, in a manner likely to: (i) Place another person in reasonable apprehension of physical injury to himself or herself or another person or of damage to his or her property or to the property of another person; or (ii) Create a public alarm;

(i) Place another person in reasonable apprehension of physical injury to himself or herself or another person or of damage to his or her property or to the property of another person; or

(ii) Create a public alarm;

(3) Class C felony if the: (A) Aggregate value of wireless service is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000); (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; or

(A) Aggregate value of wireless service is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000);

(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; or

(4) Class B felony if the aggregate value of the wireless service is twenty-five thousand dollars ($25,000) or more.

Acts 1997, No. 1310, § 3; 2003, No. 1087, § 25; 2011, No. 570, § 26.
Ark. Code Ann. § 5-65-311 — AR Code / Title 5 / Chapter 65 / Subchapter 3 / Section 5-65-311
Relationship to other laws
Status: in_force

(a) A penalty under this subchapter for violating § 5-65-303 is in addition to other penalties prescribed by law for the offense under another law of the State of Arkansas. (b) There is no presumption under this subchapter that an underage person is not under the influence of an intoxicating substance, such as alcohol or a similar intoxicant, if the underage person's alcohol concentration is four hundredths (0.04) or less. (c) The following aspects of the chemical test or instrument for testing breath or blood alcohol concentration under this chapter may be used in the same manner for an offense under this subchapter: (1) The administration of a chemical test for breath or blood alcohol; (2) The instrument used to administer the chemical test; (3) The procedure used to calibrate and maintain the instrument; and (4) The use of the chemical test results as evidence. Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015. Acts 1993, No. 863, § 11; 2001, No. 561, § 16.

(a) A penalty under this subchapter for violating § 5-65-303 is in addition to other penalties prescribed by law for the offense under another law of the State of Arkansas.

(b) There is no presumption under this subchapter that an underage person is not under the influence of an intoxicating substance, such as alcohol or a similar intoxicant, if the underage person's alcohol concentration is four hundredths (0.04) or less.

(c) The following aspects of the chemical test or instrument for testing breath or blood alcohol concentration under this chapter may be used in the same manner for an offense under this subchapter: (1) The administration of a chemical test for breath or blood alcohol; (2) The instrument used to administer the chemical test; (3) The procedure used to calibrate and maintain the instrument; and (4) The use of the chemical test results as evidence.

(1) The administration of a chemical test for breath or blood alcohol;

(2) The instrument used to administer the chemical test;

(3) The procedure used to calibrate and maintain the instrument; and

(4) The use of the chemical test results as evidence.

Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015.

Acts 1993, No. 863, § 11; 2001, No. 561, § 16.
Ark. Code Ann. § 5-28-107 — AR Code / Title 5 / Chapter 28 / Subchapter 1 / Section 5-28-107
Investigation by Attorney General and Department of Human Services - Purpose, process, and procedure
Status: in_force

(a) The office of the Attorney General has concurrent jurisdiction with local law enforcement agencies and the Department of Human Services to investigate cases of suspected adult maltreatment of an adult endangered person or an adult impaired person residing in a board and care facility, an adult endangered person or an adult impaired person who is residing in a long-term care facility certified under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., or a person or adult impaired person who is receiving medical assistance under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., as part of the Arkansas Medicaid Program as defined in § 5-55-102 in a noninstitutional or other setting. (b) If requested by the office of the Attorney General, a law enforcement agency shall assist in the investigation of any case of suspected adult maltreatment. (c) The purposes of an investigation are to obtain and develop information that may be necessary to: (1) Protect an abused, neglected, or exploited adult; (2) Refer for criminal prosecution a person who abuses, neglects, or exploits any adult endangered person or adult impaired person; and (3) Initiate a civil action, when appropriate, to protect an abused, neglected, or exploited adult. (d) The Attorney General shall conduct a thorough investigation which may include a medical, psychological, social, vocational, financial, and educational evaluation and review. (e) (1) Upon request, the medical, mental health, or other record regarding the abused, neglected, or exploited adult maintained by any facility or maintained by any person required by this chapter to report suspected abuse, neglect, or exploitation shall be made available to the Attorney General for the purpose of conducting an investigation under this chapter. (2) Upon request, a financial record maintained by a bank or a similar institution shall be made available to the Attorney General for the purpose of conducting an investigation under this chapter. (f) (1) A subpoena requiring the production of a document or the attendance of a witness at an interview, trial, or hearing conducted pursuant to the jurisdiction of the Medicaid Fraud Control Unit of the office of the Attorney General may be served by the Attorney General or any duly authorized law enforcement officer in the State of Arkansas personally, telephonically, or by registered or certified mail. (2) In the case of service by registered or certified mail, the return post office receipt of delivery of the subpoena shall accompany the return. (g) (1) If a facility or person upon whom a subpoena is served objects or otherwise fails to comply with the Attorney General's request for records, the Attorney General may file an action in circuit court for an order to enforce the request. (2) Venue for the action to enforce the request is in Pulaski County. (h) Upon cause shown, the circuit court shall order the facility or person who maintains the medical, mental health, or other record regarding the abused, neglected, or exploited adult to tender the requested record to the Attorney General for the purpose of conducting an investigation under this chapter. (i) (1) A record obtained by the Attorney General pursuant to this chapter shall be classified as confidential information and is not subject to outside review or release by any individual except when a record is used or is potentially to be used by any governmental entity in any legal, administrative, or judicial proceeding. (2) Notwithstanding any other law to the contrary, no person is subject to any civil or criminal liability for providing a record or providing access to a record to the Attorney General or to a prosecuting attorney. Amended by Act 2021, No. 617,§ 2, eff. 7/28/2021. Acts 1993, No. 1292, § 3; 1995, No. 1338, § 2; 2003, No. 1046, § 1; 2003, No. 1164, § 1; 2005, No. 1810, § 5.

(a) The office of the Attorney General has concurrent jurisdiction with local law enforcement agencies and the Department of Human Services to investigate cases of suspected adult maltreatment of an adult endangered person or an adult impaired person residing in a board and care facility, an adult endangered person or an adult impaired person who is residing in a long-term care facility certified under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., or a person or adult impaired person who is receiving medical assistance under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., as part of the Arkansas Medicaid Program as defined in § 5-55-102 in a noninstitutional or other setting.

(b) If requested by the office of the Attorney General, a law enforcement agency shall assist in the investigation of any case of suspected adult maltreatment.

(c) The purposes of an investigation are to obtain and develop information that may be necessary to: (1) Protect an abused, neglected, or exploited adult; (2) Refer for criminal prosecution a person who abuses, neglects, or exploits any adult endangered person or adult impaired person; and (3) Initiate a civil action, when appropriate, to protect an abused, neglected, or exploited adult.

(1) Protect an abused, neglected, or exploited adult;

(2) Refer for criminal prosecution a person who abuses, neglects, or exploits any adult endangered person or adult impaired person; and

(3) Initiate a civil action, when appropriate, to protect an abused, neglected, or exploited adult.

(d) The Attorney General shall conduct a thorough investigation which may include a medical, psychological, social, vocational, financial, and educational evaluation and review.

(e) (1) Upon request, the medical, mental health, or other record regarding the abused, neglected, or exploited adult maintained by any facility or maintained by any person required by this chapter to report suspected abuse, neglect, or exploitation shall be made available to the Attorney General for the purpose of conducting an investigation under this chapter. (2) Upon request, a financial record maintained by a bank or a similar institution shall be made available to the Attorney General for the purpose of conducting an investigation under this chapter.

(1) Upon request, the medical, mental health, or other record regarding the abused, neglected, or exploited adult maintained by any facility or maintained by any person required by this chapter to report suspected abuse, neglect, or exploitation shall be made available to the Attorney General for the purpose of conducting an investigation under this chapter.

(2) Upon request, a financial record maintained by a bank or a similar institution shall be made available to the Attorney General for the purpose of conducting an investigation under this chapter.

(f) (1) A subpoena requiring the production of a document or the attendance of a witness at an interview, trial, or hearing conducted pursuant to the jurisdiction of the Medicaid Fraud Control Unit of the office of the Attorney General may be served by the Attorney General or any duly authorized law enforcement officer in the State of Arkansas personally, telephonically, or by registered or certified mail. (2) In the case of service by registered or certified mail, the return post office receipt of delivery of the subpoena shall accompany the return.

(1) A subpoena requiring the production of a document or the attendance of a witness at an interview, trial, or hearing conducted pursuant to the jurisdiction of the Medicaid Fraud Control Unit of the office of the Attorney General may be served by the Attorney General or any duly authorized law enforcement officer in the State of Arkansas personally, telephonically, or by registered or certified mail.

(2) In the case of service by registered or certified mail, the return post office receipt of delivery of the subpoena shall accompany the return.

(g) (1) If a facility or person upon whom a subpoena is served objects or otherwise fails to comply with the Attorney General's request for records, the Attorney General may file an action in circuit court for an order to enforce the request. (2) Venue for the action to enforce the request is in Pulaski County.

(1) If a facility or person upon whom a subpoena is served objects or otherwise fails to comply with the Attorney General's request for records, the Attorney General may file an action in circuit court for an order to enforce the request.

(2) Venue for the action to enforce the request is in Pulaski County.

(h) Upon cause shown, the circuit court shall order the facility or person who maintains the medical, mental health, or other record regarding the abused, neglected, or exploited adult to tender the requested record to the Attorney General for the purpose of conducting an investigation under this chapter.

(i) (1) A record obtained by the Attorney General pursuant to this chapter shall be classified as confidential information and is not subject to outside review or release by any individual except when a record is used or is potentially to be used by any governmental entity in any legal, administrative, or judicial proceeding. (2) Notwithstanding any other law to the contrary, no person is subject to any civil or criminal liability for providing a record or providing access to a record to the Attorney General or to a prosecuting attorney.

(1) A record obtained by the Attorney General pursuant to this chapter shall be classified as confidential information and is not subject to outside review or release by any individual except when a record is used or is potentially to be used by any governmental entity in any legal, administrative, or judicial proceeding.

(2) Notwithstanding any other law to the contrary, no person is subject to any civil or criminal liability for providing a record or providing access to a record to the Attorney General or to a prosecuting attorney.

Amended by Act 2021, No. 617,§ 2, eff. 7/28/2021.

Acts 1993, No. 1292, § 3; 1995, No. 1338, § 2; 2003, No. 1046, § 1; 2003, No. 1164, § 1; 2005, No. 1810, § 5.