Ark. Code Ann. § 5-41-103 — AR Code / Title 5 / Chapter 41 / Subchapter 1 / Section 5-41-103
Computer fraud
Status: in_force

(a) A person commits computer fraud if the person intentionally accesses or causes to be accessed any computer, computer system, computer network, or any part of a computer, computer system, or computer network for the purpose of: (1) Devising or executing any scheme or artifice to defraud or extort; or (2) Obtaining money, property, or a service with a false or fraudulent intent, representation, or promise. (b) Computer fraud is a Class D felony. Acts 1987, No. 908, § 3.

(a) A person commits computer fraud if the person intentionally accesses or causes to be accessed any computer, computer system, computer network, or any part of a computer, computer system, or computer network for the purpose of: (1) Devising or executing any scheme or artifice to defraud or extort; or (2) Obtaining money, property, or a service with a false or fraudulent intent, representation, or promise.

(1) Devising or executing any scheme or artifice to defraud or extort; or

(2) Obtaining money, property, or a service with a false or fraudulent intent, representation, or promise.

(b) Computer fraud is a Class D felony.

Acts 1987, No. 908, § 3.
Ark. Code Ann. § 5-54-112 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-112
Third degree escape
Status: in_force

(a) A person commits the offense of third degree escape if he or she escapes from custody. (b) It is a defense to a prosecution under this section that the person escaping was in custody pursuant to an unlawful arrest. (c) (1) Third degree escape is a Class C felony if, at the time of the escape, the person is in the custody of: (A) The Division of Correction; (B) The Division of Community Correction; or (C) A law enforcement agency. (2) Otherwise third degree escape is a Class A misdemeanor. Amended by Act 2019, No. 910,§ 678, eff. 7/1/2019. Acts 1975, No. 280, § 2812; A.S.A. 1947, § 41-2812; Acts 2009, No. 478, § 3.

(a) A person commits the offense of third degree escape if he or she escapes from custody.

(b) It is a defense to a prosecution under this section that the person escaping was in custody pursuant to an unlawful arrest.

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

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

(A) The Division of Correction;

(B) The Division of Community Correction; or

(C) A law enforcement agency.

(2) Otherwise third degree escape is a Class A misdemeanor.

Amended by Act 2019, No. 910,§ 678, eff. 7/1/2019.

Acts 1975, No. 280, § 2812; A.S.A. 1947, § 41-2812; Acts 2009, No. 478, § 3.
Ark. Code Ann. § 5-4-907 — AR Code / Title 5 / Chapter 4 / Subchapter 9 / Section 5-4-907
Cost, fees, and restitution
Status: in_force

(a) The pre-adjudication probation program judge may order the offender to pay: (1) Court costs as provided in § 16-10-305 ; (2) Any substance abuse treatment costs; (3) Drug testing costs; (4) Costs associated with mental health treatment; (5) A pre-adjudication probation program user fee; (6) Any restitution owed the victim of the charged criminal offense; (7) Necessary supervision fees; (8) Any applicable residential treatment fees; (9) Tuition and other educational fees for vocational schools, technical schools, community colleges, or two-year and four-year public universities that are part of the pre-adjudication probation program for which the offender is participating; and (10) Any fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) , which are to be paid to the Division of Community Correction. (b) (1) The pre-adjudication probation program judge shall establish a schedule for the payment of costs, fees, and restitution. (2) The cost for substance abuse treatment, mental health treatment, drug testing, and supervision shall be set by the treatment and supervision providers respectively and made part of the order of the pre-adjudication probation program judge for payment. (3) Pre-adjudication probation program user fees shall be set by the pre-adjudication probation program judge. (4) Treatment, drug testing, and supervision costs or fees shall be paid to the respective providers. (5) Fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) shall be paid to the division. (6) Restitution to the victim shall be paid directly to the victim. (c) Court orders for costs, fees, and restitution shall remain an obligation of the participant in the pre-adjudication probation program with court monitoring until fully paid. Amended by Act 2015, No. 1198,§ 3, eff. 7/22/2015. Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.

(a) The pre-adjudication probation program judge may order the offender to pay: (1) Court costs as provided in § 16-10-305 ; (2) Any substance abuse treatment costs; (3) Drug testing costs; (4) Costs associated with mental health treatment; (5) A pre-adjudication probation program user fee; (6) Any restitution owed the victim of the charged criminal offense; (7) Necessary supervision fees; (8) Any applicable residential treatment fees; (9) Tuition and other educational fees for vocational schools, technical schools, community colleges, or two-year and four-year public universities that are part of the pre-adjudication probation program for which the offender is participating; and (10) Any fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) , which are to be paid to the Division of Community Correction.

(1) Court costs as provided in § 16-10-305 ;

(2) Any substance abuse treatment costs;

(3) Drug testing costs;

(4) Costs associated with mental health treatment;

(5) A pre-adjudication probation program user fee;

(6) Any restitution owed the victim of the charged criminal offense;

(7) Necessary supervision fees;

(8) Any applicable residential treatment fees;

(9) Tuition and other educational fees for vocational schools, technical schools, community colleges, or two-year and four-year public universities that are part of the pre-adjudication probation program for which the offender is participating; and

(10) Any fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) , which are to be paid to the Division of Community Correction.

(b) (1) The pre-adjudication probation program judge shall establish a schedule for the payment of costs, fees, and restitution. (2) The cost for substance abuse treatment, mental health treatment, drug testing, and supervision shall be set by the treatment and supervision providers respectively and made part of the order of the pre-adjudication probation program judge for payment. (3) Pre-adjudication probation program user fees shall be set by the pre-adjudication probation program judge. (4) Treatment, drug testing, and supervision costs or fees shall be paid to the respective providers. (5) Fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) shall be paid to the division. (6) Restitution to the victim shall be paid directly to the victim.

(1) The pre-adjudication probation program judge shall establish a schedule for the payment of costs, fees, and restitution.

(2) The cost for substance abuse treatment, mental health treatment, drug testing, and supervision shall be set by the treatment and supervision providers respectively and made part of the order of the pre-adjudication probation program judge for payment.

(3) Pre-adjudication probation program user fees shall be set by the pre-adjudication probation program judge.

(4) Treatment, drug testing, and supervision costs or fees shall be paid to the respective providers.

(5) Fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) shall be paid to the division.

(6) Restitution to the victim shall be paid directly to the victim.

(c) Court orders for costs, fees, and restitution shall remain an obligation of the participant in the pre-adjudication probation program with court monitoring until fully paid.

Amended by Act 2015, No. 1198,§ 3, eff. 7/22/2015.

Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-54-202 — AR Code / Title 5 / Chapter 54 / Subchapter 2 / Section 5-54-202
Soliciting material support for terrorism - Providing material support for a terrorist act
Status: in_force

(a) (1) (A) A person commits the offense of soliciting material support for terrorism if the person knowingly raises, solicits, or collects material support or resources knowing: (i) That the material support or resources will be used, in whole or in part, to plan, prepare, carry out, or avoid apprehension for committing terrorism or causing a catastrophe as defined under § 5-38-202 ; or (ii) That the material support or resources so raised, solicited, or collected will be used by an organization designated under 8 U.S.C. § 1189 , as the list of organizations existed March 1, 2003, and that designates foreign terrorist organizations. (B) It is not an element of the offense that the defendant knows that an organization has been designated under 8 U.S.C. § 1189 , as it existed March 1, 2003. (2) Soliciting material support for terrorism is a Class Y felony. (b) (1) A person commits the offense of providing material support for a terrorist act if the person knowingly provides material support or resources to a person knowing that the person will use the material support or resources, in whole or in part, to plan, prepare, carry out, facilitate, or avoid apprehension for committing an act of terrorism or to cause a catastrophe as defined under § 5-38-202 . (2) Providing material support for a terrorist act is a Class Y felony. Acts 2003, No. 1342, § 3.

(a) (1) (A) A person commits the offense of soliciting material support for terrorism if the person knowingly raises, solicits, or collects material support or resources knowing: (i) That the material support or resources will be used, in whole or in part, to plan, prepare, carry out, or avoid apprehension for committing terrorism or causing a catastrophe as defined under § 5-38-202 ; or (ii) That the material support or resources so raised, solicited, or collected will be used by an organization designated under 8 U.S.C. § 1189 , as the list of organizations existed March 1, 2003, and that designates foreign terrorist organizations. (B) It is not an element of the offense that the defendant knows that an organization has been designated under 8 U.S.C. § 1189 , as it existed March 1, 2003. (2) Soliciting material support for terrorism is a Class Y felony.

(1) (A) A person commits the offense of soliciting material support for terrorism if the person knowingly raises, solicits, or collects material support or resources knowing: (i) That the material support or resources will be used, in whole or in part, to plan, prepare, carry out, or avoid apprehension for committing terrorism or causing a catastrophe as defined under § 5-38-202 ; or (ii) That the material support or resources so raised, solicited, or collected will be used by an organization designated under 8 U.S.C. § 1189 , as the list of organizations existed March 1, 2003, and that designates foreign terrorist organizations. (B) It is not an element of the offense that the defendant knows that an organization has been designated under 8 U.S.C. § 1189 , as it existed March 1, 2003.

(A) A person commits the offense of soliciting material support for terrorism if the person knowingly raises, solicits, or collects material support or resources knowing: (i) That the material support or resources will be used, in whole or in part, to plan, prepare, carry out, or avoid apprehension for committing terrorism or causing a catastrophe as defined under § 5-38-202 ; or (ii) That the material support or resources so raised, solicited, or collected will be used by an organization designated under 8 U.S.C. § 1189 , as the list of organizations existed March 1, 2003, and that designates foreign terrorist organizations.

(i) That the material support or resources will be used, in whole or in part, to plan, prepare, carry out, or avoid apprehension for committing terrorism or causing a catastrophe as defined under § 5-38-202 ; or

(ii) That the material support or resources so raised, solicited, or collected will be used by an organization designated under 8 U.S.C. § 1189 , as the list of organizations existed March 1, 2003, and that designates foreign terrorist organizations.

(B) It is not an element of the offense that the defendant knows that an organization has been designated under 8 U.S.C. § 1189 , as it existed March 1, 2003.

(2) Soliciting material support for terrorism is a Class Y felony.

(b) (1) A person commits the offense of providing material support for a terrorist act if the person knowingly provides material support or resources to a person knowing that the person will use the material support or resources, in whole or in part, to plan, prepare, carry out, facilitate, or avoid apprehension for committing an act of terrorism or to cause a catastrophe as defined under § 5-38-202 . (2) Providing material support for a terrorist act is a Class Y felony.

(1) A person commits the offense of providing material support for a terrorist act if the person knowingly provides material support or resources to a person knowing that the person will use the material support or resources, in whole or in part, to plan, prepare, carry out, facilitate, or avoid apprehension for committing an act of terrorism or to cause a catastrophe as defined under § 5-38-202 .

(2) Providing material support for a terrorist act is a Class Y felony.

Acts 2003, No. 1342, § 3.
Ark. Code Ann. § 5-65-116 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-116
[Repealed]
Status: repealed

Repealed by Act 2015, No. 299,§ 6, eff. 7/22/2015. Acts 1989 (3rd Ex. Sess.), No. 93, §§ 1, 3, 4; 1993, No. 1257, § 2.

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

Acts 1989 (3rd Ex. Sess.), No. 93, §§ 1, 3, 4; 1993, No. 1257, § 2.
Ark. Code Ann. § 5-26-303 — AR Code / Title 5 / Chapter 26 / Subchapter 3 / Section 5-26-303
Domestic battering in the first degree
Status: in_force

(a) A person commits domestic battering in the first degree if: (1) With the purpose of causing serious physical injury to a family or household member, the person causes serious physical injury to a family or household member by means of a deadly weapon; (2) With the purpose of seriously and permanently disfiguring a family or household member or of destroying, amputating, or permanently disabling a member or organ of a family or household member's body, the person causes such an injury to a family or household member; (3) The person causes serious physical injury to a family or household member under circumstances manifesting extreme indifference to the value of human life; (4) The person knowingly causes serious 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; (5) The person: (A) Commits any act of domestic battering as defined in § 5-26-304 or § 5-26-305 ; and (B) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member or aggravated assault on a family or household member, as defined by the laws of this state or by the equivalent laws of any other state or foreign jurisdiction; (6) 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 firearm; or (7) The person knowingly causes serious physical injury to a family or household member who is four (4) years of age or younger under circumstances manifesting extreme indifference to the value of human life. (b) (1) Domestic battering in the first degree is a Class B felony. (2) However, domestic battering in the first degree is a: (A) Class Y felony under subdivision (a)(2) or subdivision (a)(7) of this section; or (B) Class A felony under subsection (a) of this section if: (i) Committed against a woman the person knew or reasonably should have known was pregnant; or (ii) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the first degree: (a) Domestic battering in the first degree; (b) Domestic battering in the second degree, § 5-26-304 ; (c) Domestic battering in the third degree, § 5-26-305 ; (d) Aggravated assault on a family or household member, § 5-26-306 ; or (e) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction. Amended by Act 2023, No. 849,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 849,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 736,§ 5, eff. 8/1/2023. Amended by Act 2019, No. 498,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 301,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 417,§ 1, eff. 8/16/2013. Acts 1979, No. 396, § 1; A.S.A. 1947, § 41-1653; Acts 1995, No. 1291, § 1; 1999, No. 1317, § 2; 1999, No. 1365, § 1; 2001, No. 1553, § 8; 2003, No. 944, § 1; 2003, No. 1079, § 1; 2005, No. 1994, § 481; 2007, No. 671, § 1; 2009, No. 194, § 1; 2009, No. 748, § 16; 2011, No. 1120, § 7.

(a) A person commits domestic battering in the first degree if: (1) With the purpose of causing serious physical injury to a family or household member, the person causes serious physical injury to a family or household member by means of a deadly weapon; (2) With the purpose of seriously and permanently disfiguring a family or household member or of destroying, amputating, or permanently disabling a member or organ of a family or household member's body, the person causes such an injury to a family or household member; (3) The person causes serious physical injury to a family or household member under circumstances manifesting extreme indifference to the value of human life; (4) The person knowingly causes serious 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; (5) The person: (A) Commits any act of domestic battering as defined in § 5-26-304 or § 5-26-305 ; and (B) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member or aggravated assault on a family or household member, as defined by the laws of this state or by the equivalent laws of any other state or foreign jurisdiction; (6) 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 firearm; or (7) The person knowingly causes serious physical injury to a family or household member who is four (4) years of age or younger under circumstances manifesting extreme indifference to the value of human life.

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

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

(3) The person causes serious physical injury to a family or household member under circumstances manifesting extreme indifference to the value of human life;

(4) The person knowingly causes serious 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;

(5) The person: (A) Commits any act of domestic battering as defined in § 5-26-304 or § 5-26-305 ; and (B) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member or aggravated assault on a family or household member, as defined by the laws of this state or by the equivalent laws of any other state or foreign jurisdiction;

(A) Commits any act of domestic battering as defined in § 5-26-304 or § 5-26-305 ; and

(B) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member or aggravated assault on a family or household member, as defined by the laws of this state or by the equivalent laws of any other state or foreign jurisdiction;

(6) 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 firearm; or

(7) The person knowingly causes serious physical injury to a family or household member who is four (4) years of age or younger under circumstances manifesting extreme indifference to the value of human life.

(b) (1) Domestic battering in the first degree is a Class B felony. (2) However, domestic battering in the first degree is a: (A) Class Y felony under subdivision (a)(2) or subdivision (a)(7) of this section; or (B) Class A felony under subsection (a) of this section if: (i) Committed against a woman the person knew or reasonably should have known was pregnant; or (ii) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the first degree: (a) Domestic battering in the first degree; (b) Domestic battering in the second degree, § 5-26-304 ; (c) Domestic battering in the third degree, § 5-26-305 ; (d) Aggravated assault on a family or household member, § 5-26-306 ; or (e) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction.

(1) Domestic battering in the first degree is a Class B felony.

(2) However, domestic battering in the first degree is a: (A) Class Y felony under subdivision (a)(2) or subdivision (a)(7) of this section; or (B) Class A felony under subsection (a) of this section if: (i) Committed against a woman the person knew or reasonably should have known was pregnant; or (ii) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the first degree: (a) Domestic battering in the first degree; (b) Domestic battering in the second degree, § 5-26-304 ; (c) Domestic battering in the third degree, § 5-26-305 ; (d) Aggravated assault on a family or household member, § 5-26-306 ; or (e) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction.

(A) Class Y felony under subdivision (a)(2) or subdivision (a)(7) of this section; or

(B) Class A felony under subsection (a) of this section if: (i) Committed against a woman the person knew or reasonably should have known was pregnant; or (ii) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the first degree: (a) Domestic battering in the first degree; (b) Domestic battering in the second degree, § 5-26-304 ; (c) Domestic battering in the third degree, § 5-26-305 ; (d) Aggravated assault on a family or household member, § 5-26-306 ; or (e) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction.

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

(ii) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the first degree: (a) Domestic battering in the first degree; (b) Domestic battering in the second degree, § 5-26-304 ; (c) Domestic battering in the third degree, § 5-26-305 ; (d) Aggravated assault on a family or household member, § 5-26-306 ; or (e) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction.

(a) Domestic battering in the first degree;

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

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

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

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

Amended by Act 2023, No. 849,§ 2, eff. 8/1/2023.

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

Amended by Act 2023, No. 736,§ 5, eff. 8/1/2023.

Amended by Act 2019, No. 498,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 301,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 417,§ 1, eff. 8/16/2013.

Acts 1979, No. 396, § 1; A.S.A. 1947, § 41-1653; Acts 1995, No. 1291, § 1; 1999, No. 1317, § 2; 1999, No. 1365, § 1; 2001, No. 1553, § 8; 2003, No. 944, § 1; 2003, No. 1079, § 1; 2005, No. 1994, § 481; 2007, No. 671, § 1; 2009, No. 194, § 1; 2009, No. 748, § 16; 2011, No. 1120, § 7.
Ark. Code Ann. § 5-54-129 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-129
Search of persons and vehicles entering institutions
Status: in_force

It is lawful for a superintendent, warden, or jailor, or his or her duly authorized agent, to require, as a condition of admission, a reasonable search as permitted by the Arkansas Constitution and the United States Constitution of the person or vehicle of anyone seeking admission to, or to visit in, the Department of Corrections, jails, state institutions, or other places where persons are confined. Amended by Act 2023, No. 659,§ 41, eff. 1/1/2024. Acts 1953, No. 88, § 3; A.S.A. 1947, § 41-2852; Acts 2005, No. 1994, § 494.

It is lawful for a superintendent, warden, or jailor, or his or her duly authorized agent, to require, as a condition of admission, a reasonable search as permitted by the Arkansas Constitution and the United States Constitution of the person or vehicle of anyone seeking admission to, or to visit in, the Department of Corrections, jails, state institutions, or other places where persons are confined.

Amended by Act 2023, No. 659,§ 41, eff. 1/1/2024.

Acts 1953, No. 88, § 3; A.S.A. 1947, § 41-2852; Acts 2005, No. 1994, § 494.
Ark. Code Ann. § 5-65-307 — AR Code / Title 5 / Chapter 65 / Subchapter 3 / Section 5-65-307
Alcohol and driving education or alcoholism treatment program
Status: in_force

(a) (1) (A) A person who has his or her driving privileges suspended, revoked, or denied for violating § 3-3-203 , § 5-65-310 , or § 5-65-303 is required to complete an alcohol and driving education program for underage drivers as prescribed and approved by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or an alcoholism treatment program licensed by the division, or both, in addition to any other penalty provided in this chapter. (B) A person who subsequently violates § 3-3-203 or § 5-65-303 while his or her driving privileges are suspended or revoked for violating § 3-3-203 or § 5-65-303 is also required to complete an approved alcohol and driving education program or alcoholism treatment program for each additional violation. (2) The division shall approve only those programs in alcohol and driving education that are targeted at the underage driving group and are intended to intervene and prevent repeat occurrences of driving under the influence or driving while intoxicated. (3) (A) (i) The alcohol and driving education program may collect a program fee of up to one hundred twenty-five dollars ($125) per enrollee to offset program costs. (ii) A person ordered to complete an alcohol and driving education program or an alcoholism treatment program under this section may be required to pay a fee of up to twenty-five dollars ($25.00) to offset the additional costs associated with reporting requirements under this subchapter in addition to the costs collected for the program. (B) An approved alcohol and driving education program shall report monthly to the division all revenue derived from these fees. (b) The person shall furnish proof of attendance at and completion of the alcohol and driving education program or alcoholism treatment program required under subdivision (a)(1) of this section prior to reinstatement of his or her driving privilege. (c) The division may promulgate rules reasonably necessary to carry out the purposes of this section regarding the approval and monitoring of the alcohol and driving education programs. (d) (1) (A) A person whose driving privilege is suspended or revoked for violating § 5-65-303 or § 5-65-310 shall: (i) Both: (a) Furnish proof of attendance at and completion of the alcohol and driving education program or alcoholism treatment program required under subdivision (a)(1) of this section and at a victim impact panel as provided in § 5-65-121 before reinstatement of his or her suspended or revoked driving privilege; and (b) Pay any fee for reinstatement required under § 5-65-119 , § 5-65-304 , or § 5-65-121 ; or (ii) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based. (B) An application for reinstatement shall be made to the Office of Driver Services. (2) Even if a person has filed a de novo petition for review under § 5-65-402 , the person is entitled to reinstatement of driving privileges upon complying with this subsection and is not required to postpone reinstatement until the disposition of the de novo review in circuit court has occurred. (3) (A) A person whose driving privilege is suspended under this subchapter may enroll in an alcohol education program prior to disposition of the offense by the circuit court or district court but is not entitled to a refund of fees paid if the charges are dismissed or if the person is acquitted of the charges. (B) A person who enrolls in an alcohol education program is not entitled to any refund of fees paid if the person is subsequently acquitted. (e) An alcohol and driving education program required by this section shall remit the fees imposed under this section to the division. Amended by Act 2017, No. 913,§ 22, eff. 8/1/2017. Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015. Amended by Act 2013, No. 1107,§ 8, eff. 8/16/2013. Amended by Act 2013, No. 1107,§ 7, eff. 8/16/2013. Acts 1993, No. 863, § 7; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4; 1999, No. 1077, § 19; 2003, No. 1462, § 3; 2005, No. 1768, § 4; 2007, No. 251, § 3; 2009, No. 946, § 2.

(a) (1) (A) A person who has his or her driving privileges suspended, revoked, or denied for violating § 3-3-203 , § 5-65-310 , or § 5-65-303 is required to complete an alcohol and driving education program for underage drivers as prescribed and approved by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or an alcoholism treatment program licensed by the division, or both, in addition to any other penalty provided in this chapter. (B) A person who subsequently violates § 3-3-203 or § 5-65-303 while his or her driving privileges are suspended or revoked for violating § 3-3-203 or § 5-65-303 is also required to complete an approved alcohol and driving education program or alcoholism treatment program for each additional violation. (2) The division shall approve only those programs in alcohol and driving education that are targeted at the underage driving group and are intended to intervene and prevent repeat occurrences of driving under the influence or driving while intoxicated. (3) (A) (i) The alcohol and driving education program may collect a program fee of up to one hundred twenty-five dollars ($125) per enrollee to offset program costs. (ii) A person ordered to complete an alcohol and driving education program or an alcoholism treatment program under this section may be required to pay a fee of up to twenty-five dollars ($25.00) to offset the additional costs associated with reporting requirements under this subchapter in addition to the costs collected for the program. (B) An approved alcohol and driving education program shall report monthly to the division all revenue derived from these fees.

(1) (A) A person who has his or her driving privileges suspended, revoked, or denied for violating § 3-3-203 , § 5-65-310 , or § 5-65-303 is required to complete an alcohol and driving education program for underage drivers as prescribed and approved by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or an alcoholism treatment program licensed by the division, or both, in addition to any other penalty provided in this chapter. (B) A person who subsequently violates § 3-3-203 or § 5-65-303 while his or her driving privileges are suspended or revoked for violating § 3-3-203 or § 5-65-303 is also required to complete an approved alcohol and driving education program or alcoholism treatment program for each additional violation.

(A) A person who has his or her driving privileges suspended, revoked, or denied for violating § 3-3-203 , § 5-65-310 , or § 5-65-303 is required to complete an alcohol and driving education program for underage drivers as prescribed and approved by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or an alcoholism treatment program licensed by the division, or both, in addition to any other penalty provided in this chapter.

(B) A person who subsequently violates § 3-3-203 or § 5-65-303 while his or her driving privileges are suspended or revoked for violating § 3-3-203 or § 5-65-303 is also required to complete an approved alcohol and driving education program or alcoholism treatment program for each additional violation.

(2) The division shall approve only those programs in alcohol and driving education that are targeted at the underage driving group and are intended to intervene and prevent repeat occurrences of driving under the influence or driving while intoxicated.

(3) (A) (i) The alcohol and driving education program may collect a program fee of up to one hundred twenty-five dollars ($125) per enrollee to offset program costs. (ii) A person ordered to complete an alcohol and driving education program or an alcoholism treatment program under this section may be required to pay a fee of up to twenty-five dollars ($25.00) to offset the additional costs associated with reporting requirements under this subchapter in addition to the costs collected for the program. (B) An approved alcohol and driving education program shall report monthly to the division all revenue derived from these fees.

(A) (i) The alcohol and driving education program may collect a program fee of up to one hundred twenty-five dollars ($125) per enrollee to offset program costs. (ii) A person ordered to complete an alcohol and driving education program or an alcoholism treatment program under this section may be required to pay a fee of up to twenty-five dollars ($25.00) to offset the additional costs associated with reporting requirements under this subchapter in addition to the costs collected for the program.

(i) The alcohol and driving education program may collect a program fee of up to one hundred twenty-five dollars ($125) per enrollee to offset program costs.

(ii) A person ordered to complete an alcohol and driving education program or an alcoholism treatment program under this section may be required to pay a fee of up to twenty-five dollars ($25.00) to offset the additional costs associated with reporting requirements under this subchapter in addition to the costs collected for the program.

(B) An approved alcohol and driving education program shall report monthly to the division all revenue derived from these fees.

(b) The person shall furnish proof of attendance at and completion of the alcohol and driving education program or alcoholism treatment program required under subdivision (a)(1) of this section prior to reinstatement of his or her driving privilege.

(c) The division may promulgate rules reasonably necessary to carry out the purposes of this section regarding the approval and monitoring of the alcohol and driving education programs.

(d) (1) (A) A person whose driving privilege is suspended or revoked for violating § 5-65-303 or § 5-65-310 shall: (i) Both: (a) Furnish proof of attendance at and completion of the alcohol and driving education program or alcoholism treatment program required under subdivision (a)(1) of this section and at a victim impact panel as provided in § 5-65-121 before reinstatement of his or her suspended or revoked driving privilege; and (b) Pay any fee for reinstatement required under § 5-65-119 , § 5-65-304 , or § 5-65-121 ; or (ii) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based. (B) An application for reinstatement shall be made to the Office of Driver Services. (2) Even if a person has filed a de novo petition for review under § 5-65-402 , the person is entitled to reinstatement of driving privileges upon complying with this subsection and is not required to postpone reinstatement until the disposition of the de novo review in circuit court has occurred. (3) (A) A person whose driving privilege is suspended under this subchapter may enroll in an alcohol education program prior to disposition of the offense by the circuit court or district court but is not entitled to a refund of fees paid if the charges are dismissed or if the person is acquitted of the charges. (B) A person who enrolls in an alcohol education program is not entitled to any refund of fees paid if the person is subsequently acquitted.

(1) (A) A person whose driving privilege is suspended or revoked for violating § 5-65-303 or § 5-65-310 shall: (i) Both: (a) Furnish proof of attendance at and completion of the alcohol and driving education program or alcoholism treatment program required under subdivision (a)(1) of this section and at a victim impact panel as provided in § 5-65-121 before reinstatement of his or her suspended or revoked driving privilege; and (b) Pay any fee for reinstatement required under § 5-65-119 , § 5-65-304 , or § 5-65-121 ; or (ii) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based. (B) An application for reinstatement shall be made to the Office of Driver Services.

(A) A person whose driving privilege is suspended or revoked for violating § 5-65-303 or § 5-65-310 shall: (i) Both: (a) Furnish proof of attendance at and completion of the alcohol and driving education program or alcoholism treatment program required under subdivision (a)(1) of this section and at a victim impact panel as provided in § 5-65-121 before reinstatement of his or her suspended or revoked driving privilege; and (b) Pay any fee for reinstatement required under § 5-65-119 , § 5-65-304 , or § 5-65-121 ; or (ii) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based.

(i) Both: (a) Furnish proof of attendance at and completion of the alcohol and driving education program or alcoholism treatment program required under subdivision (a)(1) of this section and at a victim impact panel as provided in § 5-65-121 before reinstatement of his or her suspended or revoked driving privilege; and (b) Pay any fee for reinstatement required under § 5-65-119 , § 5-65-304 , or § 5-65-121 ; or

(a) Furnish proof of attendance at and completion of the alcohol and driving education program or alcoholism treatment program required under subdivision (a)(1) of this section and at a victim impact panel as provided in § 5-65-121 before reinstatement of his or her suspended or revoked driving privilege; and

(b) Pay any fee for reinstatement required under § 5-65-119 , § 5-65-304 , or § 5-65-121 ; or

(ii) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based.

(B) An application for reinstatement shall be made to the Office of Driver Services.

(2) Even if a person has filed a de novo petition for review under § 5-65-402 , the person is entitled to reinstatement of driving privileges upon complying with this subsection and is not required to postpone reinstatement until the disposition of the de novo review in circuit court has occurred.

(3) (A) A person whose driving privilege is suspended under this subchapter may enroll in an alcohol education program prior to disposition of the offense by the circuit court or district court but is not entitled to a refund of fees paid if the charges are dismissed or if the person is acquitted of the charges. (B) A person who enrolls in an alcohol education program is not entitled to any refund of fees paid if the person is subsequently acquitted.

(A) A person whose driving privilege is suspended under this subchapter may enroll in an alcohol education program prior to disposition of the offense by the circuit court or district court but is not entitled to a refund of fees paid if the charges are dismissed or if the person is acquitted of the charges.

(B) A person who enrolls in an alcohol education program is not entitled to any refund of fees paid if the person is subsequently acquitted.

(e) An alcohol and driving education program required by this section shall remit the fees imposed under this section to the division.

Amended by Act 2017, No. 913,§ 22, eff. 8/1/2017.

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

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

Amended by Act 2013, No. 1107,§ 7, eff. 8/16/2013.

Acts 1993, No. 863, § 7; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4; 1999, No. 1077, § 19; 2003, No. 1462, § 3; 2005, No. 1768, § 4; 2007, No. 251, § 3; 2009, No. 946, § 2.
Ark. Code Ann. § 5-64-1301 — AR Code / Title 5 / Chapter 64 / Subchapter 13 / Section 5-64-1301
Possession of anhydrous ammonia in unlawful container
Status: in_force

Any person who knowingly possesses anhydrous ammonia in a container that does not comply with the rules of the Boiler Inspection Division of the Division of Labor for the containment of anhydrous ammonia is guilty of a Class B felony. Amended by Act 2019, No. 315,§ 167, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5266, eff. 7/1/2019. Acts 1999, No. 909, § 1.

Any person who knowingly possesses anhydrous ammonia in a container that does not comply with the rules of the Boiler Inspection Division of the Division of Labor for the containment of anhydrous ammonia is guilty of a Class B felony.

Amended by Act 2019, No. 315,§ 167, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5266, eff. 7/1/2019.

Acts 1999, No. 909, § 1.
Ark. Code Ann. § 5-53-201 — AR Code / Title 5 / Chapter 53 / Subchapter 2 / Section 5-53-201
Definitions
Status: in_force

As used in this subchapter: (1) "Immediate family" means the spouse or child of a judicial official or juror; (2) "Judicial official" means any: (A) District judge, circuit judge, or Court of Appeals judge; (B) Supreme Court Justice; or (C) Person authorized to hear evidence under oath; and (3) "Juror" means any citizen of the state impaneled as a grand juror or petit juror. Acts 2003, No. 1313, § 1.

As used in this subchapter:

(1) "Immediate family" means the spouse or child of a judicial official or juror;

(2) "Judicial official" means any: (A) District judge, circuit judge, or Court of Appeals judge; (B) Supreme Court Justice; or (C) Person authorized to hear evidence under oath; and

(A) District judge, circuit judge, or Court of Appeals judge;

(B) Supreme Court Justice; or

(C) Person authorized to hear evidence under oath; and

(3) "Juror" means any citizen of the state impaneled as a grand juror or petit juror.

Acts 2003, No. 1313, § 1.
Ark. Code Ann. § 5-37-521 — AR Code / Title 5 / Chapter 37 / Subchapter 5 / Section 5-37-521
Farm implements - Removal or alteration of serial number
Status: in_force

(a) A person who knowingly buys, receives, disposes of, sells, offers for sale, or has in his or her possession any tractor, trailer, or other farm implement, or engine removed from the tractor or farm implement, from which the manufacturer's serial or engine number or other distinguishing number or identification mark or number placed on the tractor, trailer, or farm implement or engine has been removed, defaced, covered, altered, or destroyed for the purpose of concealing or misrepresenting the identity of the tractor, trailer, or farm implement or engine upon conviction is guilty of a Class D felony. (b) (1) A person shall not deface, destroy, or alter the manufacturer's serial or engine number or other distinguishing number or identification mark of a tractor, trailer, or other farm implement with the purpose to defraud another person. (2) A person shall not place or stamp any fictitious or unauthorized serial, engine, or other number or distinguishing mark with the purpose that the fictitious or unauthorized serial, engine, or other number or distinguishing mark pass for a number or mark placed on a tractor, trailer, or farm implement by the manufacturer of the tractor, trailer, or farm implement. (3) (A) This subsection does not prohibit the restoration by an owner or repairer of an original serial, engine, or other number or distinguishing mark. (B) However, this subsection is designed to prohibit and prevent the fraudulent removal or alteration of a mark or number placed on a tractor, trailer, or other farm implement by the manufacturer. (4) A violation of this subsection is a Class D felony. Amended by Act 2023, No. 762,§ 1, eff. 8/1/2023. Acts 1953, No. 157, §§ 1-3; A.S.A. 1947, §§ 41-2354 -- 41-2356; Acts 2005, No. 1994, § 347.

(a) A person who knowingly buys, receives, disposes of, sells, offers for sale, or has in his or her possession any tractor, trailer, or other farm implement, or engine removed from the tractor or farm implement, from which the manufacturer's serial or engine number or other distinguishing number or identification mark or number placed on the tractor, trailer, or farm implement or engine has been removed, defaced, covered, altered, or destroyed for the purpose of concealing or misrepresenting the identity of the tractor, trailer, or farm implement or engine upon conviction is guilty of a Class D felony.

(b) (1) A person shall not deface, destroy, or alter the manufacturer's serial or engine number or other distinguishing number or identification mark of a tractor, trailer, or other farm implement with the purpose to defraud another person. (2) A person shall not place or stamp any fictitious or unauthorized serial, engine, or other number or distinguishing mark with the purpose that the fictitious or unauthorized serial, engine, or other number or distinguishing mark pass for a number or mark placed on a tractor, trailer, or farm implement by the manufacturer of the tractor, trailer, or farm implement. (3) (A) This subsection does not prohibit the restoration by an owner or repairer of an original serial, engine, or other number or distinguishing mark. (B) However, this subsection is designed to prohibit and prevent the fraudulent removal or alteration of a mark or number placed on a tractor, trailer, or other farm implement by the manufacturer. (4) A violation of this subsection is a Class D felony.

(1) A person shall not deface, destroy, or alter the manufacturer's serial or engine number or other distinguishing number or identification mark of a tractor, trailer, or other farm implement with the purpose to defraud another person.

(2) A person shall not place or stamp any fictitious or unauthorized serial, engine, or other number or distinguishing mark with the purpose that the fictitious or unauthorized serial, engine, or other number or distinguishing mark pass for a number or mark placed on a tractor, trailer, or farm implement by the manufacturer of the tractor, trailer, or farm implement.

(3) (A) This subsection does not prohibit the restoration by an owner or repairer of an original serial, engine, or other number or distinguishing mark. (B) However, this subsection is designed to prohibit and prevent the fraudulent removal or alteration of a mark or number placed on a tractor, trailer, or other farm implement by the manufacturer.

(A) This subsection does not prohibit the restoration by an owner or repairer of an original serial, engine, or other number or distinguishing mark.

(B) However, this subsection is designed to prohibit and prevent the fraudulent removal or alteration of a mark or number placed on a tractor, trailer, or other farm implement by the manufacturer.

(4) A violation of this subsection is a Class D felony.

Amended by Act 2023, No. 762,§ 1, eff. 8/1/2023.

Acts 1953, No. 157, §§ 1-3; A.S.A. 1947, §§ 41-2354 -- 41-2356; Acts 2005, No. 1994, § 347.
Ark. Code Ann. § 5-64-423 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-423
Manufacture of methamphetamine, heroin, or cocaine
Status: in_force

(a) (1) Except as provided by this chapter, it is unlawful for a person to manufacture methamphetamine. (2) (A) A person who manufactures methamphetamine in an amount less than two grams (2g) by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class C felony. (B) (i) A person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class Y felony. (ii) (a) However, a person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class A felony if the person shows by a preponderance of the evidence that he or she manufactured the methamphetamine for personal use only. (b) Factors indicative of personal use may include without limitation the: (1) Person did not make a delivery of methamphetamine; (2) Quantity of methamphetamine manufactured by the person; or (3) Method of manufacturing methamphetamine used by the person. (3) A person who has one (1) or more prior convictions of manufacturing methamphetamine in any amount under this section or the former § 5-64-401 upon conviction is guilty of a Class Y felony. (b) (1) Except as provided by this chapter, it is unlawful for a person to manufacture cocaine. (2) (A) A person who manufactures cocaine in an amount less than two grams (2g) by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class C felony. (B) A person who manufactures cocaine in an amount of two grams (2g) or more but less than ten grams (10g), by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class B felony. (C) A person who manufactures cocaine in an amount of ten grams (10g) or more but less than two hundred grams (200g), by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class Y felony. (c) (1) Except as provided by this chapter, it is unlawful for a person to manufacture heroin. (2) (A) A person who manufactures heroin in an amount less than two grams (2g) by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class C felony. (B) A person who manufactures heroin in an amount of two grams (2g) or more but less than ten grams (10g), by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class B felony. (C) A person who manufactures heroin in an amount of ten grams (10g) or more but less than two hundred grams (200g), by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class Y felony. Amended by Act 2021, No. 887,§ 5, eff. 7/28/2021. Acts 2011, No. 570, § 47.

(a) (1) Except as provided by this chapter, it is unlawful for a person to manufacture methamphetamine. (2) (A) A person who manufactures methamphetamine in an amount less than two grams (2g) by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class C felony. (B) (i) A person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class Y felony. (ii) (a) However, a person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class A felony if the person shows by a preponderance of the evidence that he or she manufactured the methamphetamine for personal use only. (b) Factors indicative of personal use may include without limitation the: (1) Person did not make a delivery of methamphetamine; (2) Quantity of methamphetamine manufactured by the person; or (3) Method of manufacturing methamphetamine used by the person. (3) A person who has one (1) or more prior convictions of manufacturing methamphetamine in any amount under this section or the former § 5-64-401 upon conviction is guilty of a Class Y felony.

(1) Except as provided by this chapter, it is unlawful for a person to manufacture methamphetamine.

(2) (A) A person who manufactures methamphetamine in an amount less than two grams (2g) by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class C felony. (B) (i) A person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class Y felony. (ii) (a) However, a person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class A felony if the person shows by a preponderance of the evidence that he or she manufactured the methamphetamine for personal use only. (b) Factors indicative of personal use may include without limitation the: (1) Person did not make a delivery of methamphetamine; (2) Quantity of methamphetamine manufactured by the person; or (3) Method of manufacturing methamphetamine used by the person. (3) A person who has one (1) or more prior convictions of manufacturing methamphetamine in any amount under this section or the former § 5-64-401 upon conviction is guilty of a Class Y felony.

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

(B) (i) A person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class Y felony. (ii) (a) However, a person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class A felony if the person shows by a preponderance of the evidence that he or she manufactured the methamphetamine for personal use only. (b) Factors indicative of personal use may include without limitation the: (1) Person did not make a delivery of methamphetamine; (2) Quantity of methamphetamine manufactured by the person; or (3) Method of manufacturing methamphetamine used by the person. (3) A person who has one (1) or more prior convictions of manufacturing methamphetamine in any amount under this section or the former § 5-64-401 upon conviction is guilty of a Class Y felony.

(i) A person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class Y felony.

(ii) (a) However, a person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class A felony if the person shows by a preponderance of the evidence that he or she manufactured the methamphetamine for personal use only. (b) Factors indicative of personal use may include without limitation the: (1) Person did not make a delivery of methamphetamine; (2) Quantity of methamphetamine manufactured by the person; or (3) Method of manufacturing methamphetamine used by the person. (3) A person who has one (1) or more prior convictions of manufacturing methamphetamine in any amount under this section or the former § 5-64-401 upon conviction is guilty of a Class Y felony.

(a) However, a person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class A felony if the person shows by a preponderance of the evidence that he or she manufactured the methamphetamine for personal use only.

(b) Factors indicative of personal use may include without limitation the: (1) Person did not make a delivery of methamphetamine; (2) Quantity of methamphetamine manufactured by the person; or (3) Method of manufacturing methamphetamine used by the person. (3) A person who has one (1) or more prior convictions of manufacturing methamphetamine in any amount under this section or the former § 5-64-401 upon conviction is guilty of a Class Y felony.

(1) Person did not make a delivery of methamphetamine;

(2) Quantity of methamphetamine manufactured by the person; or

(3) Method of manufacturing methamphetamine used by the person.

(3) A person who has one (1) or more prior convictions of manufacturing methamphetamine in any amount under this section or the former § 5-64-401 upon conviction is guilty of a Class Y felony.

(b) (1) Except as provided by this chapter, it is unlawful for a person to manufacture cocaine. (2) (A) A person who manufactures cocaine in an amount less than two grams (2g) by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class C felony. (B) A person who manufactures cocaine in an amount of two grams (2g) or more but less than ten grams (10g), by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class B felony. (C) A person who manufactures cocaine in an amount of ten grams (10g) or more but less than two hundred grams (200g), by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class Y felony.

(1) Except as provided by this chapter, it is unlawful for a person to manufacture cocaine.

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

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

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

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

(c) (1) Except as provided by this chapter, it is unlawful for a person to manufacture heroin. (2) (A) A person who manufactures heroin in an amount less than two grams (2g) by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class C felony. (B) A person who manufactures heroin in an amount of two grams (2g) or more but less than ten grams (10g), by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class B felony. (C) A person who manufactures heroin in an amount of ten grams (10g) or more but less than two hundred grams (200g), by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class Y felony.

(1) Except as provided by this chapter, it is unlawful for a person to manufacture heroin.

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

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

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

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

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

Acts 2011, No. 570, § 47.
Ark. Code Ann. § 5-71-212 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-212
Public intoxication - Drinking in public
Status: in_force

(a) A person commits the offense of public intoxication if he or she appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree and under circumstances such that: (1) The person is likely to endanger himself or herself or another person or property; or (2) The person unreasonably annoys a person in his or her vicinity. (b) (1) Public intoxication is a Class C misdemeanor. (2) (A) However, public intoxication is an unclassified misdemeanor if the person has been convicted of public intoxication two (2) or more times within five (5) years of the date of the current offense. (B) In addition to a maximum fine of five hundred dollars ($500), a person convicted of public intoxication under subdivision (b)(2)(A) of this section may be sentenced to: (i) Probation not to exceed one (1) year, with a condition that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency. A term of imprisonment imposed for a revocation of probation under this subdivision (b)(2)(B)(i) shall not exceed thirty (30) days; and (ii) A term of imprisonment not to exceed thirty (30) days, with an additional probationary period that includes as a condition of probation that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency, with the total time of imprisonment and probation not to exceed one (1) year. A term of imprisonment imposed for a revocation of probation under this subdivision (b)(2)(B)(ii) shall not exceed thirty (30) days. (c) A person commits the offense of drinking in public if the person, other than in a place of business licensed to sell alcoholic beverages for consumption on the premises, consumes any alcoholic beverage: (1) In any public place; (2) On any highway or street; (3) Upon any passenger coach, streetcar, or in or upon any vehicle commonly used for the transportation of passengers; or (4) In or about any depot, platform, waiting station or room, or other public place. (d) Drinking in public is a Class C misdemeanor. (e) This section does not prohibit or restrict the consumption of an alcoholic beverage when consumed: (1) As a part of a recognized religious ceremony or ritual; or (2) Within the physical boundaries of a designated entertainment district as defined in § 14-54-1412 . Amended by Act 2021, No. 466,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 812,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 781,§ 2, eff. 7/24/2019. Acts 1975, No. 280, § 2913; 1975 (Extended Sess. 1976), No. 1155, §§ 1, 2; A.S.A. 1947, §§ 41-2913, 41-2913.1; reen. Acts 1987, No. 877, § 1.

(a) A person commits the offense of public intoxication if he or she appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree and under circumstances such that: (1) The person is likely to endanger himself or herself or another person or property; or (2) The person unreasonably annoys a person in his or her vicinity.

(1) The person is likely to endanger himself or herself or another person or property; or

(2) The person unreasonably annoys a person in his or her vicinity.

(b) (1) Public intoxication is a Class C misdemeanor. (2) (A) However, public intoxication is an unclassified misdemeanor if the person has been convicted of public intoxication two (2) or more times within five (5) years of the date of the current offense. (B) In addition to a maximum fine of five hundred dollars ($500), a person convicted of public intoxication under subdivision (b)(2)(A) of this section may be sentenced to: (i) Probation not to exceed one (1) year, with a condition that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency. A term of imprisonment imposed for a revocation of probation under this subdivision (b)(2)(B)(i) shall not exceed thirty (30) days; and (ii) A term of imprisonment not to exceed thirty (30) days, with an additional probationary period that includes as a condition of probation that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency, with the total time of imprisonment and probation not to exceed one (1) year. A term of imprisonment imposed for a revocation of probation under this subdivision (b)(2)(B)(ii) shall not exceed thirty (30) days.

(1) Public intoxication is a Class C misdemeanor.

(2) (A) However, public intoxication is an unclassified misdemeanor if the person has been convicted of public intoxication two (2) or more times within five (5) years of the date of the current offense. (B) In addition to a maximum fine of five hundred dollars ($500), a person convicted of public intoxication under subdivision (b)(2)(A) of this section may be sentenced to: (i) Probation not to exceed one (1) year, with a condition that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency. A term of imprisonment imposed for a revocation of probation under this subdivision (b)(2)(B)(i) shall not exceed thirty (30) days; and (ii) A term of imprisonment not to exceed thirty (30) days, with an additional probationary period that includes as a condition of probation that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency, with the total time of imprisonment and probation not to exceed one (1) year. A term of imprisonment imposed for a revocation of probation under this subdivision (b)(2)(B)(ii) shall not exceed thirty (30) days.

(A) However, public intoxication is an unclassified misdemeanor if the person has been convicted of public intoxication two (2) or more times within five (5) years of the date of the current offense.

(B) In addition to a maximum fine of five hundred dollars ($500), a person convicted of public intoxication under subdivision (b)(2)(A) of this section may be sentenced to: (i) Probation not to exceed one (1) year, with a condition that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency. A term of imprisonment imposed for a revocation of probation under this subdivision (b)(2)(B)(i) shall not exceed thirty (30) days; and (ii) A term of imprisonment not to exceed thirty (30) days, with an additional probationary period that includes as a condition of probation that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency, with the total time of imprisonment and probation not to exceed one (1) year. A term of imprisonment imposed for a revocation of probation under this subdivision (b)(2)(B)(ii) shall not exceed thirty (30) days.

(i) Probation not to exceed one (1) year, with a condition that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency. A term of imprisonment imposed for a revocation of probation under this subdivision (b)(2)(B)(i) shall not exceed thirty (30) days; and

(ii) A term of imprisonment not to exceed thirty (30) days, with an additional probationary period that includes as a condition of probation that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency, with the total time of imprisonment and probation not to exceed one (1) year. A term of imprisonment imposed for a revocation of probation under this subdivision (b)(2)(B)(ii) shall not exceed thirty (30) days.

(c) A person commits the offense of drinking in public if the person, other than in a place of business licensed to sell alcoholic beverages for consumption on the premises, consumes any alcoholic beverage: (1) In any public place; (2) On any highway or street; (3) Upon any passenger coach, streetcar, or in or upon any vehicle commonly used for the transportation of passengers; or (4) In or about any depot, platform, waiting station or room, or other public place.

(1) In any public place;

(2) On any highway or street;

(3) Upon any passenger coach, streetcar, or in or upon any vehicle commonly used for the transportation of passengers; or

(4) In or about any depot, platform, waiting station or room, or other public place.

(d) Drinking in public is a Class C misdemeanor.

(e) This section does not prohibit or restrict the consumption of an alcoholic beverage when consumed: (1) As a part of a recognized religious ceremony or ritual; or (2) Within the physical boundaries of a designated entertainment district as defined in § 14-54-1412 .

(1) As a part of a recognized religious ceremony or ritual; or

(2) Within the physical boundaries of a designated entertainment district as defined in § 14-54-1412 .

Amended by Act 2021, No. 466,§ 5, eff. 7/28/2021.

Amended by Act 2019, No. 812,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 781,§ 2, eff. 7/24/2019.

Acts 1975, No. 280, § 2913; 1975 (Extended Sess. 1976), No. 1155, §§ 1, 2; A.S.A. 1947, §§ 41-2913, 41-2913.1; reen. Acts 1987, No. 877, § 1.
Ark. Code Ann. § 5-36-405 — AR Code / Title 5 / Chapter 36 / Subchapter 4 / Section 5-36-405
Detention upon activation of antishoplifting or inventory control device
Status: in_force

(a) If sufficient notice has been posted to advise patrons that an antishoplifting or inventory control device is being utilized, the activation of an antishoplifting or inventory control device as a result of a person's exiting an establishment or a protected area within the establishment is a reasonable cause for the detention of the person exiting by the owner or operator of the establishment or by an agent or employee of the owner or operator. (b) Any detention shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the antishoplifting or inventory control device or for the recovery of a good. (c) The taking of a person into custody and detention by a law enforcement officer, merchant, or merchant's employee, in compliance with this section, does not render the law enforcement officer, merchant, or merchant's employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. Acts 2001, No. 1194, § 5.

(a) If sufficient notice has been posted to advise patrons that an antishoplifting or inventory control device is being utilized, the activation of an antishoplifting or inventory control device as a result of a person's exiting an establishment or a protected area within the establishment is a reasonable cause for the detention of the person exiting by the owner or operator of the establishment or by an agent or employee of the owner or operator.

(b) Any detention shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the antishoplifting or inventory control device or for the recovery of a good.

(c) The taking of a person into custody and detention by a law enforcement officer, merchant, or merchant's employee, in compliance with this section, does not render the law enforcement officer, merchant, or merchant's employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

Acts 2001, No. 1194, § 5.
Ark. Code Ann. § 5-64-439 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-439
Manufacture of a Schedule VI controlled substance
Status: in_force

(a) Except as provided by this chapter, it is unlawful for a person to manufacture a Schedule VI controlled substance. (b) (1) A person who manufactures fourteen grams (14g) or less by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance is guilty of a Class A misdemeanor. (2) A person who manufactures more than fourteen grams (14g) but less than four ounces (4 oz.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance is guilty of a Class D felony. (3) A person who manufactures four ounces (4 oz.) or more but less than twenty-five pounds (25 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class C felony. (4) A person who manufactures twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class B felony. (5) A person who manufactures one hundred pounds (100 lbs.) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class A felony. Acts 2011, No. 570, § 59.

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

(b) (1) A person who manufactures fourteen grams (14g) or less by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance is guilty of a Class A misdemeanor. (2) A person who manufactures more than fourteen grams (14g) but less than four ounces (4 oz.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance is guilty of a Class D felony. (3) A person who manufactures four ounces (4 oz.) or more but less than twenty-five pounds (25 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class C felony. (4) A person who manufactures twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class B felony. (5) A person who manufactures one hundred pounds (100 lbs.) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class A felony.

(1) A person who manufactures fourteen grams (14g) or less by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance is guilty of a Class A misdemeanor.

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

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

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

(5) A person who manufactures one hundred pounds (100 lbs.) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class A felony.

Acts 2011, No. 570, § 59.
Ark. Code Ann. § 5-5-305 — AR Code / Title 5 / Chapter 5 / Subchapter 3 / Section 5-5-305
Disposition of proceeds
Status: in_force

(a) The proceeds of any sale pursuant to § 5-5-304 and any moneys forfeited pursuant to § 5-5-302 shall be applied to payment of the: (1) Balance due on any lien preserved by the circuit court in the forfeiture proceeding; (2) Cost incurred by the seizing law enforcement agency in connection with the storage, maintenance, security, and forfeiture of the property; (3) Cost incurred by the prosecuting attorney or attorney for the law enforcement agency approved by the prosecuting attorney to which the property is forfeited; and (4) Cost incurred by the circuit court. (b) The remaining proceeds or moneys shall be disposed of as follows: (1) If the law enforcement agency is a state agency, the entire amount shall be deposited into the State Treasury into the fund for that state agency for the law enforcement purposes for that state agency; and (2) (A) If the law enforcement agency is a: (i) County sheriff's office, the entire amount shall be deposited into the county treasury and credited to a special law enforcement forfeiture fund in the county treasury; or (ii) City or town police agency, the entire amount shall be deposited into the city or town treasury and credited to a special law enforcement forfeiture fund in the city or town treasury. (B) Moneys in the special law enforcement forfeiture fund in the county, city, or town treasury shall be expended only upon appropriation to the county sheriff's office or to the city or town police agency by the county quorum court or governing body of the city or town: (i) To defray the cost of a protracted investigation; (ii) To provide additional technical equipment or expertise; (iii) To provide matching funds to obtain a federal grant; or (iv) For such other law enforcement purposes as the county quorum court or governing body of the city or town deems appropriate. (C) Moneys in the special law enforcement forfeiture fund in the county, city, or town treasury shall not be considered a source of revenue to meet a normal operating expense. Acts 1993, No. 1031, § 5.

(a) The proceeds of any sale pursuant to § 5-5-304 and any moneys forfeited pursuant to § 5-5-302 shall be applied to payment of the: (1) Balance due on any lien preserved by the circuit court in the forfeiture proceeding; (2) Cost incurred by the seizing law enforcement agency in connection with the storage, maintenance, security, and forfeiture of the property; (3) Cost incurred by the prosecuting attorney or attorney for the law enforcement agency approved by the prosecuting attorney to which the property is forfeited; and (4) Cost incurred by the circuit court.

(1) Balance due on any lien preserved by the circuit court in the forfeiture proceeding;

(2) Cost incurred by the seizing law enforcement agency in connection with the storage, maintenance, security, and forfeiture of the property;

(3) Cost incurred by the prosecuting attorney or attorney for the law enforcement agency approved by the prosecuting attorney to which the property is forfeited; and

(4) Cost incurred by the circuit court.

(b) The remaining proceeds or moneys shall be disposed of as follows: (1) If the law enforcement agency is a state agency, the entire amount shall be deposited into the State Treasury into the fund for that state agency for the law enforcement purposes for that state agency; and (2) (A) If the law enforcement agency is a: (i) County sheriff's office, the entire amount shall be deposited into the county treasury and credited to a special law enforcement forfeiture fund in the county treasury; or (ii) City or town police agency, the entire amount shall be deposited into the city or town treasury and credited to a special law enforcement forfeiture fund in the city or town treasury. (B) Moneys in the special law enforcement forfeiture fund in the county, city, or town treasury shall be expended only upon appropriation to the county sheriff's office or to the city or town police agency by the county quorum court or governing body of the city or town: (i) To defray the cost of a protracted investigation; (ii) To provide additional technical equipment or expertise; (iii) To provide matching funds to obtain a federal grant; or (iv) For such other law enforcement purposes as the county quorum court or governing body of the city or town deems appropriate. (C) Moneys in the special law enforcement forfeiture fund in the county, city, or town treasury shall not be considered a source of revenue to meet a normal operating expense.

(1) If the law enforcement agency is a state agency, the entire amount shall be deposited into the State Treasury into the fund for that state agency for the law enforcement purposes for that state agency; and

(2) (A) If the law enforcement agency is a: (i) County sheriff's office, the entire amount shall be deposited into the county treasury and credited to a special law enforcement forfeiture fund in the county treasury; or (ii) City or town police agency, the entire amount shall be deposited into the city or town treasury and credited to a special law enforcement forfeiture fund in the city or town treasury. (B) Moneys in the special law enforcement forfeiture fund in the county, city, or town treasury shall be expended only upon appropriation to the county sheriff's office or to the city or town police agency by the county quorum court or governing body of the city or town: (i) To defray the cost of a protracted investigation; (ii) To provide additional technical equipment or expertise; (iii) To provide matching funds to obtain a federal grant; or (iv) For such other law enforcement purposes as the county quorum court or governing body of the city or town deems appropriate. (C) Moneys in the special law enforcement forfeiture fund in the county, city, or town treasury shall not be considered a source of revenue to meet a normal operating expense.

(A) If the law enforcement agency is a: (i) County sheriff's office, the entire amount shall be deposited into the county treasury and credited to a special law enforcement forfeiture fund in the county treasury; or (ii) City or town police agency, the entire amount shall be deposited into the city or town treasury and credited to a special law enforcement forfeiture fund in the city or town treasury.

(i) County sheriff's office, the entire amount shall be deposited into the county treasury and credited to a special law enforcement forfeiture fund in the county treasury; or

(ii) City or town police agency, the entire amount shall be deposited into the city or town treasury and credited to a special law enforcement forfeiture fund in the city or town treasury.

(B) Moneys in the special law enforcement forfeiture fund in the county, city, or town treasury shall be expended only upon appropriation to the county sheriff's office or to the city or town police agency by the county quorum court or governing body of the city or town: (i) To defray the cost of a protracted investigation; (ii) To provide additional technical equipment or expertise; (iii) To provide matching funds to obtain a federal grant; or (iv) For such other law enforcement purposes as the county quorum court or governing body of the city or town deems appropriate.

(i) To defray the cost of a protracted investigation;

(ii) To provide additional technical equipment or expertise;

(iii) To provide matching funds to obtain a federal grant; or

(iv) For such other law enforcement purposes as the county quorum court or governing body of the city or town deems appropriate.

(C) Moneys in the special law enforcement forfeiture fund in the county, city, or town treasury shall not be considered a source of revenue to meet a normal operating expense.

Acts 1993, No. 1031, § 5.
Ark. Code Ann. § 5-78-102 — AR Code / Title 5 / Chapter 78 / Section 5-78-102
Possession of cigarette or tobacco product, vapor product, alternative nicotine product, or e-liquid product by minor - Confiscation - Additional punishment
Status: in_force

(a) (1) As used in this section, "minor" means a person who is under twenty-one (21) years of age. (2) "Minor" does not include a person who: (A) Is under twenty-one (21) years of age if the person presents a military identification card establishing that he or she is a member of the United States Armed Forces; or (B) Has attained nineteen (19) years of age as of December 31, 2019. (b) A cigarette or tobacco product, vapor product, alternative nicotine product, or e-liquid product found in the possession of a minor may be confiscated by a certified law enforcement officer or a school official and immediately destroyed. (c) If a minor who is found by a court to be in violation of a criminal statute is also found to have been in possession of a cigarette or tobacco product, vapor product, alternative nicotine product, or e-liquid product at the time of the violation of the criminal statute, the court may order the minor to perform up to three (3) hours of community service and to enroll in a tobacco education program, in addition to any other punishment imposed by the court for the violation of the criminal statute. (d) (1) Any additional punishment ordered by the court under subsection (c) of this section is not a criminal offense and shall not be recorded as a criminal offense in the records of this state. (2) All records of a proceeding under this section shall be permanently expunged from any record created or maintained by any agency, department, county, or municipality. Amended by Act 2019, No. 580,§ 4, eff. 9/1/2019. Amended by Act 2013, No. 1125,§ 20, eff. 8/16/2013. Acts 1999, No. 1331, § 2; 2011, No. 868, § 2.

(a) (1) As used in this section, "minor" means a person who is under twenty-one (21) years of age. (2) "Minor" does not include a person who: (A) Is under twenty-one (21) years of age if the person presents a military identification card establishing that he or she is a member of the United States Armed Forces; or (B) Has attained nineteen (19) years of age as of December 31, 2019.

(1) As used in this section, "minor" means a person who is under twenty-one (21) years of age.

(2) "Minor" does not include a person who: (A) Is under twenty-one (21) years of age if the person presents a military identification card establishing that he or she is a member of the United States Armed Forces; or (B) Has attained nineteen (19) years of age as of December 31, 2019.

(A) Is under twenty-one (21) years of age if the person presents a military identification card establishing that he or she is a member of the United States Armed Forces; or

(B) Has attained nineteen (19) years of age as of December 31, 2019.

(b) A cigarette or tobacco product, vapor product, alternative nicotine product, or e-liquid product found in the possession of a minor may be confiscated by a certified law enforcement officer or a school official and immediately destroyed.

(c) If a minor who is found by a court to be in violation of a criminal statute is also found to have been in possession of a cigarette or tobacco product, vapor product, alternative nicotine product, or e-liquid product at the time of the violation of the criminal statute, the court may order the minor to perform up to three (3) hours of community service and to enroll in a tobacco education program, in addition to any other punishment imposed by the court for the violation of the criminal statute.

(d) (1) Any additional punishment ordered by the court under subsection (c) of this section is not a criminal offense and shall not be recorded as a criminal offense in the records of this state. (2) All records of a proceeding under this section shall be permanently expunged from any record created or maintained by any agency, department, county, or municipality.

(1) Any additional punishment ordered by the court under subsection (c) of this section is not a criminal offense and shall not be recorded as a criminal offense in the records of this state.

(2) All records of a proceeding under this section shall be permanently expunged from any record created or maintained by any agency, department, county, or municipality.

Amended by Act 2019, No. 580,§ 4, eff. 9/1/2019.

Amended by Act 2013, No. 1125,§ 20, eff. 8/16/2013.

Acts 1999, No. 1331, § 2; 2011, No. 868, § 2.
Ark. Code Ann. § 5-75-104 — AR Code / Title 5 / Chapter 75 / Section 5-75-104
Administration
Status: in_force

(a) A chemical test shall be administered at the direction of a law enforcement officer having reasonable cause to believe the person to have been operating, navigating, or in actual physical control of any aircraft while: (1) Intoxicated; or (2) There was an alcohol concentration of four hundredths (0.04) or more in the person's breath or blood. (b) (1) The law enforcement agency by which that law enforcement officer is employed shall designate which chemical test shall be administered, and the law enforcement agency is responsible for paying any expense incurred in conducting a chemical test. (2) If the person tested requests that an additional chemical test be made, as authorized in § 5-75-105 , the cost of the additional chemical test shall be borne by the person tested. (3) If any person shall object to the taking of his or her blood for a chemical test, as authorized in this section, the breath, saliva, or urine of the person may be used for the chemical test. Amended by Act 2013, No. 361,§ 16, eff. 8/16/2013. Acts 1993, No. 824, § 4; 2001, No. 561, § 19.

(a) A chemical test shall be administered at the direction of a law enforcement officer having reasonable cause to believe the person to have been operating, navigating, or in actual physical control of any aircraft while: (1) Intoxicated; or (2) There was an alcohol concentration of four hundredths (0.04) or more in the person's breath or blood.

(1) Intoxicated; or

(2) There was an alcohol concentration of four hundredths (0.04) or more in the person's breath or blood.

(b) (1) The law enforcement agency by which that law enforcement officer is employed shall designate which chemical test shall be administered, and the law enforcement agency is responsible for paying any expense incurred in conducting a chemical test. (2) If the person tested requests that an additional chemical test be made, as authorized in § 5-75-105 , the cost of the additional chemical test shall be borne by the person tested. (3) If any person shall object to the taking of his or her blood for a chemical test, as authorized in this section, the breath, saliva, or urine of the person may be used for the chemical test.

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

(2) If the person tested requests that an additional chemical test be made, as authorized in § 5-75-105 , the cost of the additional chemical test shall be borne by the person tested.

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

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

Acts 1993, No. 824, § 4; 2001, No. 561, § 19.
Ark. Code Ann. § 5-64-508 — AR Code / Title 5 / Chapter 64 / Subchapter 5 / Section 5-64-508
Prevention and deterrence - Educational and research programs
Status: in_force

(a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs the division may: (1) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations; (2) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances; (3) Consult with interested groups and organizations to aid them in solving administrative and organizational problems; (4) Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances; (5) Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them; and (6) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances. (b) The division shall encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of this chapter, the division may: (1) Establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse; (2) Make studies and undertake programs of research to: (A) Develop new or improved approaches, techniques, systems, equipment, and devices to strengthen the enforcement of this chapter; (B) Determine patterns of misuse and abuse of controlled substances and the social effects of misuse and abuse of controlled substances; and (C) Improve methods for preventing, predicting, understanding, and dealing with the misuse and abuse of controlled substances; and (3) Enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects that bear directly on misuse and abuse of controlled substances. (c) The division may enter into contracts for educational and research activities without performance bonds. (d) (1) The Secretary of the Department of Health may authorize a person engaged in research on the use and effects of a controlled substance to withhold the names and other identifying characteristics of individuals who are the subjects of the research. (2) A person who obtains this authorization shall not be compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained. (e) (1) The secretary may authorize the possession and distribution of a controlled substance by a person engaged in research. (2) A person who obtains this authorization is exempt from state prosecution for possession and distribution of a controlled substance to the extent of the authorization. Amended by Act 2019, No. 910,§ 4850, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4849, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 17, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 2, eff. 8/16/2013. Acts 1971, No. 590, Art. 5, § 8; 1979, No. 898, § 15; A.S.A. 1947, § 82-2632; Acts 2005, No. 1994, § 311; 2007, No. 827, § 66.

(a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs the division may: (1) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations; (2) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances; (3) Consult with interested groups and organizations to aid them in solving administrative and organizational problems; (4) Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances; (5) Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them; and (6) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.

(1) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;

(2) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;

(3) Consult with interested groups and organizations to aid them in solving administrative and organizational problems;

(4) Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;

(5) Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them; and

(6) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.

(b) The division shall encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of this chapter, the division may: (1) Establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse; (2) Make studies and undertake programs of research to: (A) Develop new or improved approaches, techniques, systems, equipment, and devices to strengthen the enforcement of this chapter; (B) Determine patterns of misuse and abuse of controlled substances and the social effects of misuse and abuse of controlled substances; and (C) Improve methods for preventing, predicting, understanding, and dealing with the misuse and abuse of controlled substances; and (3) Enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects that bear directly on misuse and abuse of controlled substances.

(1) Establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse;

(2) Make studies and undertake programs of research to: (A) Develop new or improved approaches, techniques, systems, equipment, and devices to strengthen the enforcement of this chapter; (B) Determine patterns of misuse and abuse of controlled substances and the social effects of misuse and abuse of controlled substances; and (C) Improve methods for preventing, predicting, understanding, and dealing with the misuse and abuse of controlled substances; and

(A) Develop new or improved approaches, techniques, systems, equipment, and devices to strengthen the enforcement of this chapter;

(B) Determine patterns of misuse and abuse of controlled substances and the social effects of misuse and abuse of controlled substances; and

(C) Improve methods for preventing, predicting, understanding, and dealing with the misuse and abuse of controlled substances; and

(3) Enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects that bear directly on misuse and abuse of controlled substances.

(c) The division may enter into contracts for educational and research activities without performance bonds.

(d) (1) The Secretary of the Department of Health may authorize a person engaged in research on the use and effects of a controlled substance to withhold the names and other identifying characteristics of individuals who are the subjects of the research. (2) A person who obtains this authorization shall not be compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained.

(1) The Secretary of the Department of Health may authorize a person engaged in research on the use and effects of a controlled substance to withhold the names and other identifying characteristics of individuals who are the subjects of the research.

(2) A person who obtains this authorization shall not be compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained.

(e) (1) The secretary may authorize the possession and distribution of a controlled substance by a person engaged in research. (2) A person who obtains this authorization is exempt from state prosecution for possession and distribution of a controlled substance to the extent of the authorization.

(1) The secretary may authorize the possession and distribution of a controlled substance by a person engaged in research.

(2) A person who obtains this authorization is exempt from state prosecution for possession and distribution of a controlled substance to the extent of the authorization.

Amended by Act 2019, No. 910,§ 4850, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4849, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 17, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 2, eff. 8/16/2013.

Acts 1971, No. 590, Art. 5, § 8; 1979, No. 898, § 15; A.S.A. 1947, § 82-2632; Acts 2005, No. 1994, § 311; 2007, No. 827, § 66.
Ark. Code Ann. § 5-65-114 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-114
Inability to pay - Alternative public service work
Status: in_force

If a court finds that a person against whom fines, fees, or court costs are levied for violating this chapter is financially unable to pay the fines, fees, or costs, the court shall order the person to perform public service work as the court determines is appropriate. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Acts 1983, No. 918, § 4; A.S.A. 1947, § 75-2533.

If a court finds that a person against whom fines, fees, or court costs are levied for violating this chapter is financially unable to pay the fines, fees, or costs, the court shall order the person to perform public service work as the court determines is appropriate.

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

Acts 1983, No. 918, § 4; A.S.A. 1947, § 75-2533.
Ark. Code Ann. § 5-55-104 — AR Code / Title 5 / Chapter 55 / Subchapter 1 / Section 5-55-104
Records
Status: in_force

(a) No potential Medicaid recipient is eligible for medical assistance unless he or she has authorized in writing the Secretary of the Department of Human Services to examine all records of the potential Medicaid recipient's own, or of those receiving or having received Medicaid benefits through him or her, whether or not the receipt of the benefits would be allowed by the Arkansas Medicaid Program, for the purpose of investigating whether any person may have committed the crime of Medicaid fraud or for use or potential use in any legal, administrative, or judicial proceeding. (b) No person is eligible to receive any payment from the Arkansas Medicaid Program or its fiscal agents unless the person has authorized in writing the secretary to examine all records for the purpose of investigating whether any person may have committed the crime of Medicaid fraud or for use or for potential use in any legal, administrative, or judicial proceeding. (c) The Attorney General and the prosecuting attorneys are allowed access to all records of persons and Medicaid recipients under the Arkansas Medicaid Program to which the secretary has access for the purpose of investigating whether any person may have committed the crime of Medicaid fraud or for use or potential use in any legal, administrative, or judicial proceeding. (d) Notwithstanding any other law to the contrary, no person is subject to any civil or criminal liability for providing access to records to the secretary, the Attorney General, or the prosecuting attorneys. (e) Records obtained by the secretary, the Attorney General, or the prosecuting attorneys pursuant to this subchapter are classified as confidential information and are not subject to outside review or release by any individual except when records are used or potentially to be used by any government entity in any legal, administrative, or judicial proceeding. (f) (1) A Medicaid provider or person providing healthcare goods or services under the Arkansas Medicaid Program is required to maintain all records at least for a period of five (5) years from the date of claimed provision of any goods or services to any Medicaid recipient. (2) (A) The records described in subdivision (f)(1) of this section shall be available for audit during regular business hours at the address listed in the Medicaid provider agreement or where the healthcare goods or services are provided. (B) Closed records for inactive patients or clients may be maintained in offsite storage if: (i) The records can be produced within three (3) working days of being served with a request for records, subpoena, or other lawful notice from any agency with authority to audit the records; and (ii) The records are maintained within the state. (C) A Medicaid provider shall disclose upon request the location of any offsite storage facility to any agency with authority to audit the records. (3) If the healthcare goods or services are provided in the home of the Medicaid recipient, the records shall be maintained at the principal place of business of the Medicaid provider. (4) If a Medicaid provider goes out of business, the Medicaid provider shall give written notification to the Department of Human Services and the Office of Medicaid Inspector General of where and how the records will be stored. (g) (1) It is unlawful to destroy or alter any record or supporting documentation with a purpose to conceal a false or fraudulent claim made to the Arkansas Medicaid Program or to interfere with an audit, investigation, or prosecution related to a claim made to the Arkansas Medicaid Program. (2) A violation of subdivision (g)(1) of this section is a Class B felony. (h) (1) Any person found not to have maintained any records upon conviction is guilty of a Class D felony if the unavailability of records impairs or obstructs the prosecution of a felony. (2) Otherwise, a violation of subdivision (h)(1) of this section is a Class A misdemeanor. (i) It is an affirmative defense to a prosecution under this section that the records in question were lost or destroyed in a flood, fire, or other natural disaster or by a criminal act that did not result from the defendant's conduct. Amended by Act 2019, No. 910,§ 5127, eff. 7/1/2019. Amended by Act 2017, No. 978,§ 4, eff. 8/1/2017. Acts 1979, No. 823, § 10; A.S.A. 1947, § 41-4410; Acts 1993, No. 1291, §§ 3, 7.

(a) No potential Medicaid recipient is eligible for medical assistance unless he or she has authorized in writing the Secretary of the Department of Human Services to examine all records of the potential Medicaid recipient's own, or of those receiving or having received Medicaid benefits through him or her, whether or not the receipt of the benefits would be allowed by the Arkansas Medicaid Program, for the purpose of investigating whether any person may have committed the crime of Medicaid fraud or for use or potential use in any legal, administrative, or judicial proceeding.

(b) No person is eligible to receive any payment from the Arkansas Medicaid Program or its fiscal agents unless the person has authorized in writing the secretary to examine all records for the purpose of investigating whether any person may have committed the crime of Medicaid fraud or for use or for potential use in any legal, administrative, or judicial proceeding.

(c) The Attorney General and the prosecuting attorneys are allowed access to all records of persons and Medicaid recipients under the Arkansas Medicaid Program to which the secretary has access for the purpose of investigating whether any person may have committed the crime of Medicaid fraud or for use or potential use in any legal, administrative, or judicial proceeding.

(d) Notwithstanding any other law to the contrary, no person is subject to any civil or criminal liability for providing access to records to the secretary, the Attorney General, or the prosecuting attorneys.

(e) Records obtained by the secretary, the Attorney General, or the prosecuting attorneys pursuant to this subchapter are classified as confidential information and are not subject to outside review or release by any individual except when records are used or potentially to be used by any government entity in any legal, administrative, or judicial proceeding.

(f) (1) A Medicaid provider or person providing healthcare goods or services under the Arkansas Medicaid Program is required to maintain all records at least for a period of five (5) years from the date of claimed provision of any goods or services to any Medicaid recipient. (2) (A) The records described in subdivision (f)(1) of this section shall be available for audit during regular business hours at the address listed in the Medicaid provider agreement or where the healthcare goods or services are provided. (B) Closed records for inactive patients or clients may be maintained in offsite storage if: (i) The records can be produced within three (3) working days of being served with a request for records, subpoena, or other lawful notice from any agency with authority to audit the records; and (ii) The records are maintained within the state. (C) A Medicaid provider shall disclose upon request the location of any offsite storage facility to any agency with authority to audit the records. (3) If the healthcare goods or services are provided in the home of the Medicaid recipient, the records shall be maintained at the principal place of business of the Medicaid provider. (4) If a Medicaid provider goes out of business, the Medicaid provider shall give written notification to the Department of Human Services and the Office of Medicaid Inspector General of where and how the records will be stored.

(1) A Medicaid provider or person providing healthcare goods or services under the Arkansas Medicaid Program is required to maintain all records at least for a period of five (5) years from the date of claimed provision of any goods or services to any Medicaid recipient.

(2) (A) The records described in subdivision (f)(1) of this section shall be available for audit during regular business hours at the address listed in the Medicaid provider agreement or where the healthcare goods or services are provided. (B) Closed records for inactive patients or clients may be maintained in offsite storage if: (i) The records can be produced within three (3) working days of being served with a request for records, subpoena, or other lawful notice from any agency with authority to audit the records; and (ii) The records are maintained within the state. (C) A Medicaid provider shall disclose upon request the location of any offsite storage facility to any agency with authority to audit the records.

(A) The records described in subdivision (f)(1) of this section shall be available for audit during regular business hours at the address listed in the Medicaid provider agreement or where the healthcare goods or services are provided.

(B) Closed records for inactive patients or clients may be maintained in offsite storage if: (i) The records can be produced within three (3) working days of being served with a request for records, subpoena, or other lawful notice from any agency with authority to audit the records; and (ii) The records are maintained within the state.

(i) The records can be produced within three (3) working days of being served with a request for records, subpoena, or other lawful notice from any agency with authority to audit the records; and

(ii) The records are maintained within the state.

(C) A Medicaid provider shall disclose upon request the location of any offsite storage facility to any agency with authority to audit the records.

(3) If the healthcare goods or services are provided in the home of the Medicaid recipient, the records shall be maintained at the principal place of business of the Medicaid provider.

(4) If a Medicaid provider goes out of business, the Medicaid provider shall give written notification to the Department of Human Services and the Office of Medicaid Inspector General of where and how the records will be stored.

(g) (1) It is unlawful to destroy or alter any record or supporting documentation with a purpose to conceal a false or fraudulent claim made to the Arkansas Medicaid Program or to interfere with an audit, investigation, or prosecution related to a claim made to the Arkansas Medicaid Program. (2) A violation of subdivision (g)(1) of this section is a Class B felony.

(1) It is unlawful to destroy or alter any record or supporting documentation with a purpose to conceal a false or fraudulent claim made to the Arkansas Medicaid Program or to interfere with an audit, investigation, or prosecution related to a claim made to the Arkansas Medicaid Program.

(2) A violation of subdivision (g)(1) of this section is a Class B felony.

(h) (1) Any person found not to have maintained any records upon conviction is guilty of a Class D felony if the unavailability of records impairs or obstructs the prosecution of a felony. (2) Otherwise, a violation of subdivision (h)(1) of this section is a Class A misdemeanor.

(1) Any person found not to have maintained any records upon conviction is guilty of a Class D felony if the unavailability of records impairs or obstructs the prosecution of a felony.

(2) Otherwise, a violation of subdivision (h)(1) of this section is a Class A misdemeanor.

(i) It is an affirmative defense to a prosecution under this section that the records in question were lost or destroyed in a flood, fire, or other natural disaster or by a criminal act that did not result from the defendant's conduct.

Amended by Act 2019, No. 910,§ 5127, eff. 7/1/2019.

Amended by Act 2017, No. 978,§ 4, eff. 8/1/2017.

Acts 1979, No. 823, § 10; A.S.A. 1947, § 41-4410; Acts 1993, No. 1291, §§ 3, 7.
Ark. Code Ann. § 5-54-102 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-102
Obstructing governmental operations
Status: in_force

(a) A person commits the offense of obstructing governmental operations if the person: (1) Knowingly obstructs, impairs, or hinders the performance of any governmental function; (2) Knowingly refuses to provide information requested by an employee of a governmental agency relating to the investigation of a case brought under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., and is the physical custodian of the child in the case; (3) Fails to submit to court-ordered scientific testing by a noninvasive procedure to determine the paternity of a child in a case brought under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq.; or (4) Falsely identifies himself or herself to a law enforcement officer or a code enforcement officer. (b) (1) Obstructing governmental operations by using or threatening to use physical force is a Class A misdemeanor. (2) A second or subsequent offense of obstructing governmental operations under subdivision (a)(4) of this section is a Class A misdemeanor. (3) Otherwise, obstructing governmental operations is a Class C misdemeanor. (c) This section does not apply to: (1) Unlawful flight by a person charged with an offense; (2) Refusal to submit to arrest; (3) Any means of avoiding compliance with the law not involving affirmative interference with a governmental function unless specifically set forth in this section; or (4) Obstruction, impairment, or hindrance of what a person reasonably believes is a public servant's unlawful action. (d) (1) As used in this section, "code enforcement officer" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation. (2) "Code enforcement officer" includes a municipal animal control officer. Acts 1975, No. 280, § 2802; A.S.A. 1947, § 41-2802; Acts 1995, No. 1182, § 1; 1999, No. 577, § 1; 2005, No. 1994, § 453; 2007, No. 163, § 1; 2009, No. 342, § 1; 2009, No. 748, § 25.

(a) A person commits the offense of obstructing governmental operations if the person: (1) Knowingly obstructs, impairs, or hinders the performance of any governmental function; (2) Knowingly refuses to provide information requested by an employee of a governmental agency relating to the investigation of a case brought under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., and is the physical custodian of the child in the case; (3) Fails to submit to court-ordered scientific testing by a noninvasive procedure to determine the paternity of a child in a case brought under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq.; or (4) Falsely identifies himself or herself to a law enforcement officer or a code enforcement officer.

(1) Knowingly obstructs, impairs, or hinders the performance of any governmental function;

(2) Knowingly refuses to provide information requested by an employee of a governmental agency relating to the investigation of a case brought under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., and is the physical custodian of the child in the case;

(3) Fails to submit to court-ordered scientific testing by a noninvasive procedure to determine the paternity of a child in a case brought under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq.; or

(4) Falsely identifies himself or herself to a law enforcement officer or a code enforcement officer.

(b) (1) Obstructing governmental operations by using or threatening to use physical force is a Class A misdemeanor. (2) A second or subsequent offense of obstructing governmental operations under subdivision (a)(4) of this section is a Class A misdemeanor. (3) Otherwise, obstructing governmental operations is a Class C misdemeanor.

(1) Obstructing governmental operations by using or threatening to use physical force is a Class A misdemeanor.

(2) A second or subsequent offense of obstructing governmental operations under subdivision (a)(4) of this section is a Class A misdemeanor.

(3) Otherwise, obstructing governmental operations is a Class C misdemeanor.

(c) This section does not apply to: (1) Unlawful flight by a person charged with an offense; (2) Refusal to submit to arrest; (3) Any means of avoiding compliance with the law not involving affirmative interference with a governmental function unless specifically set forth in this section; or (4) Obstruction, impairment, or hindrance of what a person reasonably believes is a public servant's unlawful action.

(1) Unlawful flight by a person charged with an offense;

(2) Refusal to submit to arrest;

(3) Any means of avoiding compliance with the law not involving affirmative interference with a governmental function unless specifically set forth in this section; or

(4) Obstruction, impairment, or hindrance of what a person reasonably believes is a public servant's unlawful action.

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

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

(2) "Code enforcement officer" includes a municipal animal control officer.

Acts 1975, No. 280, § 2802; A.S.A. 1947, § 41-2802; Acts 1995, No. 1182, § 1; 1999, No. 577, § 1; 2005, No. 1994, § 453; 2007, No. 163, § 1; 2009, No. 342, § 1; 2009, No. 748, § 25.
Ark. Code Ann. § 5-37-204 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-204
Fraud in insolvency
Status: in_force

(a) A person commits fraud in insolvency if, with purpose to defraud, and with knowledge that a proceeding has been or is about to be instituted for the appointment of a receiver or other person entitled to administer property for the benefit of a creditor, or that any other composition or liquidation for the benefit of a creditor has been or is about to be made, the person: (1) Destroys, removes, conceals, encumbers, transfers, acquires, or otherwise deals with any property with purpose to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of a creditor; (2) Falsifies any writing or record relating to the property; or (3) Misrepresents or refuses to disclose to a receiver or other person entitled to administer property for the benefit of a creditor, the existence, amount, or location of the property, or any other information that the actor could be legally required to furnish to the receiver or other person entitled to administer property for the benefit of a creditor. (b) Fraud in insolvency is a Class D felony. Acts 1975, No. 280, § 2305; A.S.A. 1947, § 41-2305.

(a) A person commits fraud in insolvency if, with purpose to defraud, and with knowledge that a proceeding has been or is about to be instituted for the appointment of a receiver or other person entitled to administer property for the benefit of a creditor, or that any other composition or liquidation for the benefit of a creditor has been or is about to be made, the person: (1) Destroys, removes, conceals, encumbers, transfers, acquires, or otherwise deals with any property with purpose to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of a creditor; (2) Falsifies any writing or record relating to the property; or (3) Misrepresents or refuses to disclose to a receiver or other person entitled to administer property for the benefit of a creditor, the existence, amount, or location of the property, or any other information that the actor could be legally required to furnish to the receiver or other person entitled to administer property for the benefit of a creditor.

(1) Destroys, removes, conceals, encumbers, transfers, acquires, or otherwise deals with any property with purpose to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of a creditor;

(2) Falsifies any writing or record relating to the property; or

(3) Misrepresents or refuses to disclose to a receiver or other person entitled to administer property for the benefit of a creditor, the existence, amount, or location of the property, or any other information that the actor could be legally required to furnish to the receiver or other person entitled to administer property for the benefit of a creditor.

(b) Fraud in insolvency is a Class D felony.

Acts 1975, No. 280, § 2305; A.S.A. 1947, § 41-2305.
Ark. Code Ann. § 5-62-103 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-103
Offense of cruelty to animals
Status: in_force

(a) A person commits the offense of cruelty to animals if he or she knowingly: (1) Subjects any animal to cruel mistreatment; (2) Kills or injures any animal owned by another person without legal privilege or consent of the owner; (3) Abandons an animal at a location without providing for the animal's continued care; (4) Fails to supply an animal in his or her custody with a sufficient quantity of wholesome food and water; (5) Fails to provide an animal in his or her custody with adequate shelter that is consistent with the breed, species, and type of animal; or (6) Carries or causes to be carried in or upon any motorized vehicle or boat an animal in a cruel or inhumane manner. (b) For purposes of this section, each alleged act of the offense of cruelty to animals committed against more than one (1) animal may constitute a separate offense. (c) Any person who pleads guilty or nolo contendere to or is found guilty of cruelty to animals is guilty of an unclassified misdemeanor and shall be: (1) Fined no less than one hundred fifty dollars ($150) and no more than one thousand dollars ($1,000); (2) Either: (A) Imprisoned for no less than one (1) day and no more than one (1) year in jail; or (B) Ordered to complete community service; and (3) (A) Both: (i) Ordered to complete a psychiatric or psychological evaluation; and (ii) If determined appropriate, psychiatric or psychological counseling or treatment for a length of time prescribed by the court. (B) The cost of any psychiatric or psychological evaluation, counseling, or treatment may be ordered paid by the person up to the jurisdictional limit of the court. (d) Any person who pleads guilty or nolo contendere to or is found guilty of the offense of cruelty to animals for a second offense occurring within five (5) years of a previous offense of cruelty to animals or of any other equivalent penal offense of another state or foreign jurisdiction is guilty of an unclassified misdemeanor and shall be: (1) Fined no less than four hundred dollars ($400) and no more than one thousand dollars ($1,000); (2) Either: (A) Imprisoned for no fewer than seven (7) days and no more than one (1) year; or (B) Ordered to complete no fewer than thirty (30) days of community service; and (3) (A) Both: (i) Ordered to receive a psychiatric or psychological evaluation; and (ii) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court. (B) The cost of any psychiatric or psychological evaluation, counseling, or treatment may be ordered paid by the person up to the jurisdictional limit of the court. (e) Any person who pleads guilty or nolo contendere to or is found guilty of the offense of cruelty to animals for a third offense occurring within five (5) years of a previous offense of cruelty to animals or of any other equivalent penal offense of another state or foreign jurisdiction is guilty of an unclassified misdemeanor and shall be: (1) Fined no less than nine hundred dollars ($900) and no more than one thousand dollars ($1,000); (2) Either: (A) Imprisoned for no fewer than ninety (90) days and no more than one (1) year; or (B) Ordered to complete no fewer than ninety (90) days of community service; and (3) (A) Both: (i) Ordered to receive a psychiatric or psychological evaluation; and (ii) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court. (B) The cost of any psychiatric or psychological evaluation, counseling, or treatment may be ordered paid by the person up to the jurisdictional limit of the court. (f) (1) Any person who pleads guilty or nolo contendere to or is found guilty of cruelty to animals for a fourth or subsequent offense occurring within (5) five years of a previous offense of cruelty to animals or of any other equivalent penal offense of another state or foreign jurisdiction is guilty of a Class D felony and shall be: (A) Ordered to receive a psychiatric or psychological evaluation; and (B) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court. (2) The cost of any psychiatric or psychological evaluation, counseling, or treatment may be ordered paid by the person. (g) (1) For the sole purpose of calculating the number of previous offenses under subsections (d), (e), and (f) of this section, all offenses that are committed against one (1) or more animals and as part of the same criminal episode are a single offense. (2) As used in this section, "criminal episode" means an act that constitutes the offense of cruelty to animals that is committed by a person against one (1) or more animals within a period of twenty-four (24) hours. Acts 2009, No. 33, § 3; 2011, No. 1120, § 12.

(a) A person commits the offense of cruelty to animals if he or she knowingly: (1) Subjects any animal to cruel mistreatment; (2) Kills or injures any animal owned by another person without legal privilege or consent of the owner; (3) Abandons an animal at a location without providing for the animal's continued care; (4) Fails to supply an animal in his or her custody with a sufficient quantity of wholesome food and water; (5) Fails to provide an animal in his or her custody with adequate shelter that is consistent with the breed, species, and type of animal; or (6) Carries or causes to be carried in or upon any motorized vehicle or boat an animal in a cruel or inhumane manner.

(1) Subjects any animal to cruel mistreatment;

(2) Kills or injures any animal owned by another person without legal privilege or consent of the owner;

(3) Abandons an animal at a location without providing for the animal's continued care;

(4) Fails to supply an animal in his or her custody with a sufficient quantity of wholesome food and water;

(5) Fails to provide an animal in his or her custody with adequate shelter that is consistent with the breed, species, and type of animal; or

(6) Carries or causes to be carried in or upon any motorized vehicle or boat an animal in a cruel or inhumane manner.

(b) For purposes of this section, each alleged act of the offense of cruelty to animals committed against more than one (1) animal may constitute a separate offense.

(c) Any person who pleads guilty or nolo contendere to or is found guilty of cruelty to animals is guilty of an unclassified misdemeanor and shall be: (1) Fined no less than one hundred fifty dollars ($150) and no more than one thousand dollars ($1,000); (2) Either: (A) Imprisoned for no less than one (1) day and no more than one (1) year in jail; or (B) Ordered to complete community service; and (3) (A) Both: (i) Ordered to complete a psychiatric or psychological evaluation; and (ii) If determined appropriate, psychiatric or psychological counseling or treatment for a length of time prescribed by the court. (B) The cost of any psychiatric or psychological evaluation, counseling, or treatment may be ordered paid by the person up to the jurisdictional limit of the court.

(1) Fined no less than one hundred fifty dollars ($150) and no more than one thousand dollars ($1,000);

(2) Either: (A) Imprisoned for no less than one (1) day and no more than one (1) year in jail; or (B) Ordered to complete community service; and

(A) Imprisoned for no less than one (1) day and no more than one (1) year in jail; or

(B) Ordered to complete community service; and

(3) (A) Both: (i) Ordered to complete a psychiatric or psychological evaluation; and (ii) If determined appropriate, psychiatric or psychological counseling or treatment for a length of time prescribed by the court. (B) The cost of any psychiatric or psychological evaluation, counseling, or treatment may be ordered paid by the person up to the jurisdictional limit of the court.

(A) Both: (i) Ordered to complete a psychiatric or psychological evaluation; and (ii) If determined appropriate, psychiatric or psychological counseling or treatment for a length of time prescribed by the court.

(i) Ordered to complete a psychiatric or psychological evaluation; and

(ii) If determined appropriate, psychiatric or psychological counseling or treatment for a length of time prescribed by the court.

(B) The cost of any psychiatric or psychological evaluation, counseling, or treatment may be ordered paid by the person up to the jurisdictional limit of the court.

(d) Any person who pleads guilty or nolo contendere to or is found guilty of the offense of cruelty to animals for a second offense occurring within five (5) years of a previous offense of cruelty to animals or of any other equivalent penal offense of another state or foreign jurisdiction is guilty of an unclassified misdemeanor and shall be: (1) Fined no less than four hundred dollars ($400) and no more than one thousand dollars ($1,000); (2) Either: (A) Imprisoned for no fewer than seven (7) days and no more than one (1) year; or (B) Ordered to complete no fewer than thirty (30) days of community service; and (3) (A) Both: (i) Ordered to receive a psychiatric or psychological evaluation; and (ii) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court. (B) The cost of any psychiatric or psychological evaluation, counseling, or treatment may be ordered paid by the person up to the jurisdictional limit of the court.

(1) Fined no less than four hundred dollars ($400) and no more than one thousand dollars ($1,000);

(2) Either: (A) Imprisoned for no fewer than seven (7) days and no more than one (1) year; or (B) Ordered to complete no fewer than thirty (30) days of community service; and

(A) Imprisoned for no fewer than seven (7) days and no more than one (1) year; or

(B) Ordered to complete no fewer than thirty (30) days of community service; and

(3) (A) Both: (i) Ordered to receive a psychiatric or psychological evaluation; and (ii) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court. (B) The cost of any psychiatric or psychological evaluation, counseling, or treatment may be ordered paid by the person up to the jurisdictional limit of the court.

(A) Both: (i) Ordered to receive a psychiatric or psychological evaluation; and (ii) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court.

(i) Ordered to receive a psychiatric or psychological evaluation; and

(ii) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court.

(B) The cost of any psychiatric or psychological evaluation, counseling, or treatment may be ordered paid by the person up to the jurisdictional limit of the court.

(e) Any person who pleads guilty or nolo contendere to or is found guilty of the offense of cruelty to animals for a third offense occurring within five (5) years of a previous offense of cruelty to animals or of any other equivalent penal offense of another state or foreign jurisdiction is guilty of an unclassified misdemeanor and shall be: (1) Fined no less than nine hundred dollars ($900) and no more than one thousand dollars ($1,000); (2) Either: (A) Imprisoned for no fewer than ninety (90) days and no more than one (1) year; or (B) Ordered to complete no fewer than ninety (90) days of community service; and (3) (A) Both: (i) Ordered to receive a psychiatric or psychological evaluation; and (ii) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court. (B) The cost of any psychiatric or psychological evaluation, counseling, or treatment may be ordered paid by the person up to the jurisdictional limit of the court.

(1) Fined no less than nine hundred dollars ($900) and no more than one thousand dollars ($1,000);

(2) Either: (A) Imprisoned for no fewer than ninety (90) days and no more than one (1) year; or (B) Ordered to complete no fewer than ninety (90) days of community service; and

(A) Imprisoned for no fewer than ninety (90) days and no more than one (1) year; or

(B) Ordered to complete no fewer than ninety (90) days of community service; and

(3) (A) Both: (i) Ordered to receive a psychiatric or psychological evaluation; and (ii) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court. (B) The cost of any psychiatric or psychological evaluation, counseling, or treatment may be ordered paid by the person up to the jurisdictional limit of the court.

(A) Both: (i) Ordered to receive a psychiatric or psychological evaluation; and (ii) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court.

(i) Ordered to receive a psychiatric or psychological evaluation; and

(ii) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court.

(B) The cost of any psychiatric or psychological evaluation, counseling, or treatment may be ordered paid by the person up to the jurisdictional limit of the court.

(f) (1) Any person who pleads guilty or nolo contendere to or is found guilty of cruelty to animals for a fourth or subsequent offense occurring within (5) five years of a previous offense of cruelty to animals or of any other equivalent penal offense of another state or foreign jurisdiction is guilty of a Class D felony and shall be: (A) Ordered to receive a psychiatric or psychological evaluation; and (B) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court. (2) The cost of any psychiatric or psychological evaluation, counseling, or treatment may be ordered paid by the person.

(1) Any person who pleads guilty or nolo contendere to or is found guilty of cruelty to animals for a fourth or subsequent offense occurring within (5) five years of a previous offense of cruelty to animals or of any other equivalent penal offense of another state or foreign jurisdiction is guilty of a Class D felony and shall be: (A) Ordered to receive a psychiatric or psychological evaluation; and (B) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court.

(A) Ordered to receive a psychiatric or psychological evaluation; and

(B) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court.

(2) The cost of any psychiatric or psychological evaluation, counseling, or treatment may be ordered paid by the person.

(g) (1) For the sole purpose of calculating the number of previous offenses under subsections (d), (e), and (f) of this section, all offenses that are committed against one (1) or more animals and as part of the same criminal episode are a single offense. (2) As used in this section, "criminal episode" means an act that constitutes the offense of cruelty to animals that is committed by a person against one (1) or more animals within a period of twenty-four (24) hours.

(1) For the sole purpose of calculating the number of previous offenses under subsections (d), (e), and (f) of this section, all offenses that are committed against one (1) or more animals and as part of the same criminal episode are a single offense.

(2) As used in this section, "criminal episode" means an act that constitutes the offense of cruelty to animals that is committed by a person against one (1) or more animals within a period of twenty-four (24) hours.

Acts 2009, No. 33, § 3; 2011, No. 1120, § 12.
Ark. Code Ann. § 5-76-107 — AR Code / Title 5 / Chapter 76 / Section 5-76-107
[Repealed]
Status: repealed

Repealed by Act 2015, No. 299,§ 16, eff. 7/22/2015. Acts 2005, No. 1458, § 2.

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

Acts 2005, No. 1458, § 2.
Ark. Code Ann. § 5-27-502 — AR Code / Title 5 / Chapter 27 / Subchapter 5 / Section 5-27-502
Manufacturing or altering personal identification document unlawful
Status: in_force

(a) It is unlawful for a person to: (1) Manufacture or produce a fraudulent personal identification document for the purpose of providing a person under twenty-one (21) years of age identification that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law; (2) Alter a personal identification document for the purpose of providing a person under twenty-one (21) years of age false identification that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law; or (3) Sell or otherwise distribute a fraudulent personal identification document described in this subsection to a person under twenty-one (21) years of age. (b) (1) (A) A violation of this section is a Class C felony. (B) However, if the person manufactures or produces his or her own personal identification document, or alters his or her own personal identification document, for his or her own use in obtaining alcohol or accessing a venue in which alcohol is sold, a violation of this section is a Class A misdemeanor. (2) A subsequent violation of this section is a Class B felony. Amended by Act 2021, No. 1082,§ 1, eff. 7/28/2021. Acts 1991, No. 567, § 2.

(a) It is unlawful for a person to: (1) Manufacture or produce a fraudulent personal identification document for the purpose of providing a person under twenty-one (21) years of age identification that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law; (2) Alter a personal identification document for the purpose of providing a person under twenty-one (21) years of age false identification that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law; or (3) Sell or otherwise distribute a fraudulent personal identification document described in this subsection to a person under twenty-one (21) years of age.

(1) Manufacture or produce a fraudulent personal identification document for the purpose of providing a person under twenty-one (21) years of age identification that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law;

(2) Alter a personal identification document for the purpose of providing a person under twenty-one (21) years of age false identification that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law; or

(3) Sell or otherwise distribute a fraudulent personal identification document described in this subsection to a person under twenty-one (21) years of age.

(b) (1) (A) A violation of this section is a Class C felony. (B) However, if the person manufactures or produces his or her own personal identification document, or alters his or her own personal identification document, for his or her own use in obtaining alcohol or accessing a venue in which alcohol is sold, a violation of this section is a Class A misdemeanor. (2) A subsequent violation of this section is a Class B felony.

(1) (A) A violation of this section is a Class C felony. (B) However, if the person manufactures or produces his or her own personal identification document, or alters his or her own personal identification document, for his or her own use in obtaining alcohol or accessing a venue in which alcohol is sold, a violation of this section is a Class A misdemeanor.

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

(B) However, if the person manufactures or produces his or her own personal identification document, or alters his or her own personal identification document, for his or her own use in obtaining alcohol or accessing a venue in which alcohol is sold, a violation of this section is a Class A misdemeanor.

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

Amended by Act 2021, No. 1082,§ 1, eff. 7/28/2021.

Acts 1991, No. 567, § 2.
Ark. Code Ann. § 5-73-119 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-119
Handguns - Possession by minor or possession on school property
Status: in_force

(a) (1) No person in this state under eighteen (18) years of age shall possess a handgun. (2) (A) A violation of subdivision (a)(1) of this section is a Class A misdemeanor. (B) A violation of subdivision (a)(1) of this section is a Class D felony if the person has previously: (i) Been adjudicated delinquent for a violation of subdivision (a)(1) of this section; (ii) Been adjudicated delinquent for any offense that would be a felony if committed by an adult; or (iii) Pleaded guilty or nolo contendere to or been found guilty of a felony in circuit court while under eighteen (18) years of age. (b) (1) No person in this state shall possess a firearm: (A) Upon the developed property of a public or private school, kindergarten through grade twelve (K-12); (B) In or upon any school bus; or (C) At a designated bus stop as identified on the route list published by a school district each year. (2) (A) A violation of subdivision (b)(1) of this section is a Class D felony. (B) No sentence imposed for a violation of subdivision (b)(1) of this section shall be suspended or probated or treated as a first offense under § 16-93-301 et seq. (c) (1) Except as provided in § 5-73-322 , a person in this state shall not possess a handgun upon the property of any private institution of higher education or a publicly supported institution of higher education in this state on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to employ the handgun as a weapon against a person. (2) A violation of subdivision (c)(1) of this section is a Class D felony. (d) "Handgun" means a firearm capable of firing rimfire ammunition or centerfire ammunition and designed or constructed to be fired with one (1) hand. (e) It is permissible to carry a handgun under this section if at the time of the act of possessing a handgun or firearm: (1) The person is in his or her own dwelling or place of business or on property in which he or she has a possessory or proprietary interest, except upon the property of a public or private institution of higher learning; (2) The person is a law enforcement officer, correctional officer, member of a municipal fire department bomb squad who is authorized to carry a concealed handgun under § 12-15-204 , or member of the armed forces acting in the course and scope of his or her official duties; (3) The person is assisting a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties pursuant to the direction or request of the law enforcement officer, correctional officer, or member of the armed forces; (4) The person is a registered commissioned security guard acting in the course and scope of his or her duties; (5) The person is hunting game with a handgun or firearm that may be hunted with a handgun or firearm under the rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for the purpose of hunting game with a handgun or firearm; (6) (A) The person is a certified law enforcement officer, either on-duty or off-duty. (B) If the person is an off-duty law enforcement officer, he or she may be required by a public school or publicly supported institution of higher education to be in physical possession of a valid identification identifying the person as a law enforcement officer; (7) The person is on a journey, unless the person is eighteen (18) years of age or less; (8) The person is participating in a certified hunting safety course sponsored by the commission or a firearm safety course recognized and approved by the commission or by a state or national nonprofit organization qualified and experienced in firearm safety; (9) The person is participating in a school-approved educational course or sporting activity involving the use of firearms; (10) The person is a minor engaged in lawful marksmanship competition or practice or other lawful recreational shooting under the supervision of his or her parent, legal guardian, or other person twenty-one (21) years of age or older standing in loco parentis or is traveling to or from a lawful marksmanship competition or practice or other lawful recreational shooting with an unloaded handgun or firearm accompanied by his or her parent, legal guardian, or other person twenty-one (21) years of age or older standing in loco parentis; (11) The person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun on the developed property of: (A) A kindergarten through grade twelve (K-12) private school operated by a church or other place of worship that: (i) Is located on the developed property of the kindergarten through grade twelve (K-12) private school; (ii) Allows the person to carry a concealed handgun into the church or other place of worship under § 5-73-306 ; and (iii) Allows the person to possess a concealed handgun on the developed property of the kindergarten through grade twelve (K-12) private school; or (B) A kindergarten through grade twelve (K-12) private school or a prekindergarten private school that through its governing board or director has set forth the rules and circumstances under which the licensee may carry a concealed handgun into a building or event of the kindergarten through grade twelve (K-12) private school or the prekindergarten private school; or (12) (A) The person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle in a publicly owned and maintained parking lot. (B) (i) As used in this subdivision (e)(12), "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles or a designated drop-off zone for children at a school. (ii) "Parking lot" does not include a parking lot owned, maintained, or otherwise controlled by the Division of Correction or Division of Community Correction. Amended by Act 2023, No. 773,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 166,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 679, eff. 7/1/2019. Amended by Act 2019, No. 472,§ 1, eff. 3/15/2019. Amended by Act 2015, No. 1078,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 933,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1390,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 746,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 226,§ 1, eff. 8/16/2013. Acts 1989, No. 649, §§ 1-4; 1993, No. 1166, § 1; 1993, No. 1189, § 4; 1994 (2nd Ex. Sess.), No. 57, § 1; 1994 (2nd Ex. Sess.), No. 58, § 1; 1999, No. 1282, § 1; 2001, No. 592, § 1; 2005, No. 1994, § 476.

(a) (1) No person in this state under eighteen (18) years of age shall possess a handgun. (2) (A) A violation of subdivision (a)(1) of this section is a Class A misdemeanor. (B) A violation of subdivision (a)(1) of this section is a Class D felony if the person has previously: (i) Been adjudicated delinquent for a violation of subdivision (a)(1) of this section; (ii) Been adjudicated delinquent for any offense that would be a felony if committed by an adult; or (iii) Pleaded guilty or nolo contendere to or been found guilty of a felony in circuit court while under eighteen (18) years of age.

(1) No person in this state under eighteen (18) years of age shall possess a handgun.

(2) (A) A violation of subdivision (a)(1) of this section is a Class A misdemeanor. (B) A violation of subdivision (a)(1) of this section is a Class D felony if the person has previously: (i) Been adjudicated delinquent for a violation of subdivision (a)(1) of this section; (ii) Been adjudicated delinquent for any offense that would be a felony if committed by an adult; or (iii) Pleaded guilty or nolo contendere to or been found guilty of a felony in circuit court while under eighteen (18) years of age.

(A) A violation of subdivision (a)(1) of this section is a Class A misdemeanor.

(B) A violation of subdivision (a)(1) of this section is a Class D felony if the person has previously: (i) Been adjudicated delinquent for a violation of subdivision (a)(1) of this section; (ii) Been adjudicated delinquent for any offense that would be a felony if committed by an adult; or (iii) Pleaded guilty or nolo contendere to or been found guilty of a felony in circuit court while under eighteen (18) years of age.

(i) Been adjudicated delinquent for a violation of subdivision (a)(1) of this section;

(ii) Been adjudicated delinquent for any offense that would be a felony if committed by an adult; or

(iii) Pleaded guilty or nolo contendere to or been found guilty of a felony in circuit court while under eighteen (18) years of age.

(b) (1) No person in this state shall possess a firearm: (A) Upon the developed property of a public or private school, kindergarten through grade twelve (K-12); (B) In or upon any school bus; or (C) At a designated bus stop as identified on the route list published by a school district each year. (2) (A) A violation of subdivision (b)(1) of this section is a Class D felony. (B) No sentence imposed for a violation of subdivision (b)(1) of this section shall be suspended or probated or treated as a first offense under § 16-93-301 et seq.

(1) No person in this state shall possess a firearm: (A) Upon the developed property of a public or private school, kindergarten through grade twelve (K-12); (B) In or upon any school bus; or (C) At a designated bus stop as identified on the route list published by a school district each year.

(A) Upon the developed property of a public or private school, kindergarten through grade twelve (K-12);

(B) In or upon any school bus; or

(C) At a designated bus stop as identified on the route list published by a school district each year.

(2) (A) A violation of subdivision (b)(1) of this section is a Class D felony. (B) No sentence imposed for a violation of subdivision (b)(1) of this section shall be suspended or probated or treated as a first offense under § 16-93-301 et seq.

(A) A violation of subdivision (b)(1) of this section is a Class D felony.

(B) No sentence imposed for a violation of subdivision (b)(1) of this section shall be suspended or probated or treated as a first offense under § 16-93-301 et seq.

(c) (1) Except as provided in § 5-73-322 , a person in this state shall not possess a handgun upon the property of any private institution of higher education or a publicly supported institution of higher education in this state on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to employ the handgun as a weapon against a person. (2) A violation of subdivision (c)(1) of this section is a Class D felony.

(1) Except as provided in § 5-73-322 , a person in this state shall not possess a handgun upon the property of any private institution of higher education or a publicly supported institution of higher education in this state on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to employ the handgun as a weapon against a person.

(2) A violation of subdivision (c)(1) of this section is a Class D felony.

(d) "Handgun" means a firearm capable of firing rimfire ammunition or centerfire ammunition and designed or constructed to be fired with one (1) hand.

(e) It is permissible to carry a handgun under this section if at the time of the act of possessing a handgun or firearm: (1) The person is in his or her own dwelling or place of business or on property in which he or she has a possessory or proprietary interest, except upon the property of a public or private institution of higher learning; (2) The person is a law enforcement officer, correctional officer, member of a municipal fire department bomb squad who is authorized to carry a concealed handgun under § 12-15-204 , or member of the armed forces acting in the course and scope of his or her official duties; (3) The person is assisting a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties pursuant to the direction or request of the law enforcement officer, correctional officer, or member of the armed forces; (4) The person is a registered commissioned security guard acting in the course and scope of his or her duties; (5) The person is hunting game with a handgun or firearm that may be hunted with a handgun or firearm under the rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for the purpose of hunting game with a handgun or firearm; (6) (A) The person is a certified law enforcement officer, either on-duty or off-duty. (B) If the person is an off-duty law enforcement officer, he or she may be required by a public school or publicly supported institution of higher education to be in physical possession of a valid identification identifying the person as a law enforcement officer; (7) The person is on a journey, unless the person is eighteen (18) years of age or less; (8) The person is participating in a certified hunting safety course sponsored by the commission or a firearm safety course recognized and approved by the commission or by a state or national nonprofit organization qualified and experienced in firearm safety; (9) The person is participating in a school-approved educational course or sporting activity involving the use of firearms; (10) The person is a minor engaged in lawful marksmanship competition or practice or other lawful recreational shooting under the supervision of his or her parent, legal guardian, or other person twenty-one (21) years of age or older standing in loco parentis or is traveling to or from a lawful marksmanship competition or practice or other lawful recreational shooting with an unloaded handgun or firearm accompanied by his or her parent, legal guardian, or other person twenty-one (21) years of age or older standing in loco parentis; (11) The person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun on the developed property of: (A) A kindergarten through grade twelve (K-12) private school operated by a church or other place of worship that: (i) Is located on the developed property of the kindergarten through grade twelve (K-12) private school; (ii) Allows the person to carry a concealed handgun into the church or other place of worship under § 5-73-306 ; and (iii) Allows the person to possess a concealed handgun on the developed property of the kindergarten through grade twelve (K-12) private school; or (B) A kindergarten through grade twelve (K-12) private school or a prekindergarten private school that through its governing board or director has set forth the rules and circumstances under which the licensee may carry a concealed handgun into a building or event of the kindergarten through grade twelve (K-12) private school or the prekindergarten private school; or (12) (A) The person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle in a publicly owned and maintained parking lot. (B) (i) As used in this subdivision (e)(12), "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles or a designated drop-off zone for children at a school. (ii) "Parking lot" does not include a parking lot owned, maintained, or otherwise controlled by the Division of Correction or Division of Community Correction.

(1) The person is in his or her own dwelling or place of business or on property in which he or she has a possessory or proprietary interest, except upon the property of a public or private institution of higher learning;

(2) The person is a law enforcement officer, correctional officer, member of a municipal fire department bomb squad who is authorized to carry a concealed handgun under § 12-15-204 , or member of the armed forces acting in the course and scope of his or her official duties;

(3) The person is assisting a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties pursuant to the direction or request of the law enforcement officer, correctional officer, or member of the armed forces;

(4) The person is a registered commissioned security guard acting in the course and scope of his or her duties;

(5) The person is hunting game with a handgun or firearm that may be hunted with a handgun or firearm under the rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for the purpose of hunting game with a handgun or firearm;

(6) (A) The person is a certified law enforcement officer, either on-duty or off-duty. (B) If the person is an off-duty law enforcement officer, he or she may be required by a public school or publicly supported institution of higher education to be in physical possession of a valid identification identifying the person as a law enforcement officer;

(A) The person is a certified law enforcement officer, either on-duty or off-duty.

(B) If the person is an off-duty law enforcement officer, he or she may be required by a public school or publicly supported institution of higher education to be in physical possession of a valid identification identifying the person as a law enforcement officer;

(7) The person is on a journey, unless the person is eighteen (18) years of age or less;

(8) The person is participating in a certified hunting safety course sponsored by the commission or a firearm safety course recognized and approved by the commission or by a state or national nonprofit organization qualified and experienced in firearm safety;

(9) The person is participating in a school-approved educational course or sporting activity involving the use of firearms;

(10) The person is a minor engaged in lawful marksmanship competition or practice or other lawful recreational shooting under the supervision of his or her parent, legal guardian, or other person twenty-one (21) years of age or older standing in loco parentis or is traveling to or from a lawful marksmanship competition or practice or other lawful recreational shooting with an unloaded handgun or firearm accompanied by his or her parent, legal guardian, or other person twenty-one (21) years of age or older standing in loco parentis;

(11) The person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun on the developed property of: (A) A kindergarten through grade twelve (K-12) private school operated by a church or other place of worship that: (i) Is located on the developed property of the kindergarten through grade twelve (K-12) private school; (ii) Allows the person to carry a concealed handgun into the church or other place of worship under § 5-73-306 ; and (iii) Allows the person to possess a concealed handgun on the developed property of the kindergarten through grade twelve (K-12) private school; or (B) A kindergarten through grade twelve (K-12) private school or a prekindergarten private school that through its governing board or director has set forth the rules and circumstances under which the licensee may carry a concealed handgun into a building or event of the kindergarten through grade twelve (K-12) private school or the prekindergarten private school; or

(A) A kindergarten through grade twelve (K-12) private school operated by a church or other place of worship that: (i) Is located on the developed property of the kindergarten through grade twelve (K-12) private school; (ii) Allows the person to carry a concealed handgun into the church or other place of worship under § 5-73-306 ; and (iii) Allows the person to possess a concealed handgun on the developed property of the kindergarten through grade twelve (K-12) private school; or

(i) Is located on the developed property of the kindergarten through grade twelve (K-12) private school;

(ii) Allows the person to carry a concealed handgun into the church or other place of worship under § 5-73-306 ; and

(iii) Allows the person to possess a concealed handgun on the developed property of the kindergarten through grade twelve (K-12) private school; or

(B) A kindergarten through grade twelve (K-12) private school or a prekindergarten private school that through its governing board or director has set forth the rules and circumstances under which the licensee may carry a concealed handgun into a building or event of the kindergarten through grade twelve (K-12) private school or the prekindergarten private school; or

(12) (A) The person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle in a publicly owned and maintained parking lot. (B) (i) As used in this subdivision (e)(12), "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles or a designated drop-off zone for children at a school. (ii) "Parking lot" does not include a parking lot owned, maintained, or otherwise controlled by the Division of Correction or Division of Community Correction.

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

(B) (i) As used in this subdivision (e)(12), "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles or a designated drop-off zone for children at a school. (ii) "Parking lot" does not include a parking lot owned, maintained, or otherwise controlled by the Division of Correction or Division of Community Correction.

(i) As used in this subdivision (e)(12), "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles or a designated drop-off zone for children at a school.

(ii) "Parking lot" does not include a parking lot owned, maintained, or otherwise controlled by the Division of Correction or Division of Community Correction.

Amended by Act 2023, No. 773,§ 1, eff. 8/1/2023.

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

Amended by Act 2019, No. 910,§ 679, eff. 7/1/2019.

Amended by Act 2019, No. 472,§ 1, eff. 3/15/2019.

Amended by Act 2015, No. 1078,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 933,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1390,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 746,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 226,§ 1, eff. 8/16/2013.

Acts 1989, No. 649, §§ 1-4; 1993, No. 1166, § 1; 1993, No. 1189, § 4; 1994 (2nd Ex. Sess.), No. 57, § 1; 1994 (2nd Ex. Sess.), No. 58, § 1; 1999, No. 1282, § 1; 2001, No. 592, § 1; 2005, No. 1994, § 476.
Ark. Code Ann. § 5-74-105 — AR Code / Title 5 / Chapter 74 / Subchapter 1 / Section 5-74-105
Unauthorized use of another person's property to facilitate certain crimes
Status: in_force

(a) (1) A person commits the offense of unauthorized use of another person's property to facilitate a crime if he or she knowingly uses the property of another person to facilitate in any way the violation of a predicate criminal offense without the owner's knowledge. (2) A violation of this section is a Class B felony. (b) The State of Arkansas is the victim in any violation of this section. Acts 1993, No. 1002, § 1.

(a) (1) A person commits the offense of unauthorized use of another person's property to facilitate a crime if he or she knowingly uses the property of another person to facilitate in any way the violation of a predicate criminal offense without the owner's knowledge. (2) A violation of this section is a Class B felony.

(1) A person commits the offense of unauthorized use of another person's property to facilitate a crime if he or she knowingly uses the property of another person to facilitate in any way the violation of a predicate criminal offense without the owner's knowledge.

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

(b) The State of Arkansas is the victim in any violation of this section.

Acts 1993, No. 1002, § 1.
Ark. Code Ann. § 5-4-706 — AR Code / Title 5 / Chapter 4 / Subchapter 7 / Section 5-4-706
Local cybercrime fee
Status: in_force

(a) As used in this section, "applicable felony" means: (1) A felony involving violence as defined in § 5-4-501(d)(2) ; (2) A felony offense for which a person is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; or (3) A felony offense under § 12-12-904 . (b) In addition to any other fee authorized or required by law, a circuit court shall assess an additional fee of up to five hundred dollars ($500) for each applicable felony conviction for an offense that the trier of fact finds: (1) Involved the use of a computer, an electronic device, or the internet; and (2) The investigation of which expended specialized law enforcement personnel or materials designed to investigate offenses involving a computer, an electronic device, or the internet. (c) (1) (A) A fee provided for under subsection (b) of this section and collected in a circuit court shall be remitted by the tenth day of each month to a special cybercrime fee law enforcement fund to be administered by the prosecuting attorney. (B) The special cybercrime fee law enforcement fund shall consist of moneys obtained under this section or as otherwise provided for by law. (2) Moneys in the special cybercrime fee law enforcement fund shall be expended on a periodic basis and upon a showing of necessity to local law enforcement agencies located in or in part of the judicial district for the purposes of training law enforcement personnel in the investigation of offenses involving the use of a computer, electronic device, or the internet and in procuring tools and devices that assist in the investigation of offenses involving the use of a computer, electronic device, or the internet. (3) Moneys in the special cybercrime fee law enforcement fund shall not be considered a source of revenue to meet a normal operating expense. Added by Act 2017, No. 1109,§ 1, eff. 8/1/2017.

(a) As used in this section, "applicable felony" means: (1) A felony involving violence as defined in § 5-4-501(d)(2) ; (2) A felony offense for which a person is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; or (3) A felony offense under § 12-12-904 .

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

(2) A felony offense for which a person is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; or

(3) A felony offense under § 12-12-904 .

(b) In addition to any other fee authorized or required by law, a circuit court shall assess an additional fee of up to five hundred dollars ($500) for each applicable felony conviction for an offense that the trier of fact finds: (1) Involved the use of a computer, an electronic device, or the internet; and (2) The investigation of which expended specialized law enforcement personnel or materials designed to investigate offenses involving a computer, an electronic device, or the internet.

(1) Involved the use of a computer, an electronic device, or the internet; and

(2) The investigation of which expended specialized law enforcement personnel or materials designed to investigate offenses involving a computer, an electronic device, or the internet.

(c) (1) (A) A fee provided for under subsection (b) of this section and collected in a circuit court shall be remitted by the tenth day of each month to a special cybercrime fee law enforcement fund to be administered by the prosecuting attorney. (B) The special cybercrime fee law enforcement fund shall consist of moneys obtained under this section or as otherwise provided for by law. (2) Moneys in the special cybercrime fee law enforcement fund shall be expended on a periodic basis and upon a showing of necessity to local law enforcement agencies located in or in part of the judicial district for the purposes of training law enforcement personnel in the investigation of offenses involving the use of a computer, electronic device, or the internet and in procuring tools and devices that assist in the investigation of offenses involving the use of a computer, electronic device, or the internet. (3) Moneys in the special cybercrime fee law enforcement fund shall not be considered a source of revenue to meet a normal operating expense.

(1) (A) A fee provided for under subsection (b) of this section and collected in a circuit court shall be remitted by the tenth day of each month to a special cybercrime fee law enforcement fund to be administered by the prosecuting attorney. (B) The special cybercrime fee law enforcement fund shall consist of moneys obtained under this section or as otherwise provided for by law.

(A) A fee provided for under subsection (b) of this section and collected in a circuit court shall be remitted by the tenth day of each month to a special cybercrime fee law enforcement fund to be administered by the prosecuting attorney.

(B) The special cybercrime fee law enforcement fund shall consist of moneys obtained under this section or as otherwise provided for by law.

(2) Moneys in the special cybercrime fee law enforcement fund shall be expended on a periodic basis and upon a showing of necessity to local law enforcement agencies located in or in part of the judicial district for the purposes of training law enforcement personnel in the investigation of offenses involving the use of a computer, electronic device, or the internet and in procuring tools and devices that assist in the investigation of offenses involving the use of a computer, electronic device, or the internet.

(3) Moneys in the special cybercrime fee law enforcement fund shall not be considered a source of revenue to meet a normal operating expense.

Added by Act 2017, No. 1109,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 5-68-203 — AR Code / Title 5 / Chapter 68 / Subchapter 2 / Section 5-68-203
Obscene films
Status: in_force

(a) It is unlawful for any person to knowingly exhibit, sell, offer to sell, give away, circulate, produce, distribute, attempt to distribute, or have in his or her possession any obscene film. (b) As used in this section: (1) "Film" means motion picture film, still picture film, slides, and movie film of any type; (2) "Obscene" means that to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest; and (3) "Person" means any individual, partnership, firm, association, club, corporation, or other legal entity. (c) (1) Any person that knowingly exhibits, sells, offers to sell, gives away, circulates, produces, distributes, or attempts to distribute any obscene film is guilty of a Class D felony. (2) Any person that has in his or her possession an obscene film is guilty of a Class A misdemeanor. Acts 1967, No. 411, §§ 1-3; A.S.A. 1947, §§ 41-3578 -- 41-3580; Acts 2005, No. 1994, § 429.

(a) It is unlawful for any person to knowingly exhibit, sell, offer to sell, give away, circulate, produce, distribute, attempt to distribute, or have in his or her possession any obscene film.

(b) As used in this section: (1) "Film" means motion picture film, still picture film, slides, and movie film of any type; (2) "Obscene" means that to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest; and (3) "Person" means any individual, partnership, firm, association, club, corporation, or other legal entity.

(1) "Film" means motion picture film, still picture film, slides, and movie film of any type;

(2) "Obscene" means that to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest; and

(3) "Person" means any individual, partnership, firm, association, club, corporation, or other legal entity.

(c) (1) Any person that knowingly exhibits, sells, offers to sell, gives away, circulates, produces, distributes, or attempts to distribute any obscene film is guilty of a Class D felony. (2) Any person that has in his or her possession an obscene film is guilty of a Class A misdemeanor.

(1) Any person that knowingly exhibits, sells, offers to sell, gives away, circulates, produces, distributes, or attempts to distribute any obscene film is guilty of a Class D felony.

(2) Any person that has in his or her possession an obscene film is guilty of a Class A misdemeanor.

Acts 1967, No. 411, §§ 1-3; A.S.A. 1947, §§ 41-3578 -- 41-3580; Acts 2005, No. 1994, § 429.
Ark. Code Ann. § 5-5-306 — AR Code / Title 5 / Chapter 5 / Subchapter 3 / Section 5-5-306
When more than one agency involved
Status: in_force

(a) If more than one (1) law enforcement agency is substantially involved in effecting a forfeiture pursuant to § 5-5-302 , the circuit court having jurisdiction over the forfeiture proceeding shall equitably distribute the property among the law enforcement agencies. (b) Any forfeited money or any proceeds remaining after the sale of the property shall be equitably distributed: (1) To the county, city, or town for deposit into the respective county, city, or town treasury and credited to the special law enforcement forfeiture fund provided in § 5-5-305 ; and (2) In the manner as provided in § 5-5-305 . Acts 1993, No. 1031, § 6.

(a) If more than one (1) law enforcement agency is substantially involved in effecting a forfeiture pursuant to § 5-5-302 , the circuit court having jurisdiction over the forfeiture proceeding shall equitably distribute the property among the law enforcement agencies.

(b) Any forfeited money or any proceeds remaining after the sale of the property shall be equitably distributed: (1) To the county, city, or town for deposit into the respective county, city, or town treasury and credited to the special law enforcement forfeiture fund provided in § 5-5-305 ; and (2) In the manner as provided in § 5-5-305 .

(1) To the county, city, or town for deposit into the respective county, city, or town treasury and credited to the special law enforcement forfeiture fund provided in § 5-5-305 ; and

(2) In the manner as provided in § 5-5-305 .

Acts 1993, No. 1031, § 6.
Ark. Code Ann. § 5-55-205 — AR Code / Title 5 / Chapter 55 / Subchapter 2 / Section 5-55-205
Abuse of Special Supplemental Nutrition Program for Women, Infants and Children (WIC)
Status: in_force

(a) (1) A federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) participant who intentionally makes a false or misleading statement or intentionally conceals or withholds a fact to obtain a benefit, sells supplemental food or a voucher to, or exchanges supplemental food or a voucher with another individual or entity, receives from a food vendor cash or credit toward the purchase of an unauthorized item or other item of value in lieu of an authorized food, or physically abuses clinic or vendor staff may be disqualified from participation in the federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) for a specified period of time. (2) The Department of Health shall establish sanctions for participant abuse. (b) (1) A vendor who provides cash, an unauthorized food, or other item in lieu of an authorized supplemental food or who charges the state or local agency more for a supplemental food than another customer is charged for the same food item is disqualified from participation in the federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) for a specified period of time. (2) The department shall establish sanctions for vendor abuse. Acts 1993, No. 489, § 4.

(a) (1) A federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) participant who intentionally makes a false or misleading statement or intentionally conceals or withholds a fact to obtain a benefit, sells supplemental food or a voucher to, or exchanges supplemental food or a voucher with another individual or entity, receives from a food vendor cash or credit toward the purchase of an unauthorized item or other item of value in lieu of an authorized food, or physically abuses clinic or vendor staff may be disqualified from participation in the federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) for a specified period of time. (2) The Department of Health shall establish sanctions for participant abuse.

(1) A federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) participant who intentionally makes a false or misleading statement or intentionally conceals or withholds a fact to obtain a benefit, sells supplemental food or a voucher to, or exchanges supplemental food or a voucher with another individual or entity, receives from a food vendor cash or credit toward the purchase of an unauthorized item or other item of value in lieu of an authorized food, or physically abuses clinic or vendor staff may be disqualified from participation in the federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) for a specified period of time.

(2) The Department of Health shall establish sanctions for participant abuse.

(b) (1) A vendor who provides cash, an unauthorized food, or other item in lieu of an authorized supplemental food or who charges the state or local agency more for a supplemental food than another customer is charged for the same food item is disqualified from participation in the federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) for a specified period of time. (2) The department shall establish sanctions for vendor abuse.

(1) A vendor who provides cash, an unauthorized food, or other item in lieu of an authorized supplemental food or who charges the state or local agency more for a supplemental food than another customer is charged for the same food item is disqualified from participation in the federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) for a specified period of time.

(2) The department shall establish sanctions for vendor abuse.

Acts 1993, No. 489, § 4.
Ark. Code Ann. § 5-26-413 — AR Code / Title 5 / Chapter 26 / Subchapter 4 / Section 5-26-413
Temporary support order
Status: in_force

At any time before a trial or pending appeal, upon motion of a complainant and upon notice to the defendant, the court may: (1) Enter a temporary support order as it deems just, providing for the support of a neglected spouse or child, pendente lite; and (2) Punish for violation of the temporary support order as for contempt. Acts 1951, No. 67, § 5; 1953, No. 242, § 5; 1981, No. 633, § 1; A.S.A. 1947, § 41-2452.

At any time before a trial or pending appeal, upon motion of a complainant and upon notice to the defendant, the court may:

(1) Enter a temporary support order as it deems just, providing for the support of a neglected spouse or child, pendente lite; and

(2) Punish for violation of the temporary support order as for contempt.

Acts 1951, No. 67, § 5; 1953, No. 242, § 5; 1981, No. 633, § 1; A.S.A. 1947, § 41-2452.
Ark. Code Ann. § 5-73-106 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-106
Defacing a firearm
Status: in_force

(a) A person commits the offense of defacing a firearm if he or she knowingly removes, defaces, mars, covers, alters, or destroys the manufacturer's serial number or identification mark of a firearm. (b) Defacing a firearm is a Class D felony. Acts 1975, No. 280, § 3106; A.S.A. 1947, § 41-3106.

(a) A person commits the offense of defacing a firearm if he or she knowingly removes, defaces, mars, covers, alters, or destroys the manufacturer's serial number or identification mark of a firearm.

(b) Defacing a firearm is a Class D felony.

Acts 1975, No. 280, § 3106; A.S.A. 1947, § 41-3106.
Ark. Code Ann. § 5-3-101 — AR Code / Title 5 / Chapter 3 / Subchapter 1 / Section 5-3-101
Mitigation - Affirmative defense
Status: in_force

It is an affirmative defense to a prosecution for criminal attempt, solicitation, or conspiracy that: (1) The conduct charged to constitute the offense is inherently unlikely to result or to culminate in the commission of a crime; and (2) Neither the conduct nor the defendant presents a public danger warranting imposition of criminal liability. Acts 1975, No. 280, § 715; A.S.A. 1947, § 41-715.

It is an affirmative defense to a prosecution for criminal attempt, solicitation, or conspiracy that:

(1) The conduct charged to constitute the offense is inherently unlikely to result or to culminate in the commission of a crime; and

(2) Neither the conduct nor the defendant presents a public danger warranting imposition of criminal liability.

Acts 1975, No. 280, § 715; A.S.A. 1947, § 41-715.
Ark. Code Ann. § 5-53-102 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-102
Perjury generally
Status: in_force

(a) A person commits perjury if in an official proceeding he or she knowingly: (1) Makes a false material statement under an oath required or authorized by law; (2) Applies for or submits an absentee ballot for a city, school district, county, state, or federal election knowing that he or she is unlawfully applying for or unlawfully submitting the absentee ballot; or (3) Makes a false unsworn declaration under the Uniform Unsworn Foreign Declarations Act, § 16-2-201 et seq. (b) Lack of knowledge of the materiality of the statement is not a defense to a charge of perjury under this section. (c) Perjury is a Class C felony. Amended by Act 2017, No. 889,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1166,§ 1, eff. 7/22/2015. Acts 1975, No. 280, § 2602; A.S.A. 1947, § 41-2602.

(a) A person commits perjury if in an official proceeding he or she knowingly: (1) Makes a false material statement under an oath required or authorized by law; (2) Applies for or submits an absentee ballot for a city, school district, county, state, or federal election knowing that he or she is unlawfully applying for or unlawfully submitting the absentee ballot; or (3) Makes a false unsworn declaration under the Uniform Unsworn Foreign Declarations Act, § 16-2-201 et seq.

(1) Makes a false material statement under an oath required or authorized by law;

(2) Applies for or submits an absentee ballot for a city, school district, county, state, or federal election knowing that he or she is unlawfully applying for or unlawfully submitting the absentee ballot; or

(3) Makes a false unsworn declaration under the Uniform Unsworn Foreign Declarations Act, § 16-2-201 et seq.

(b) Lack of knowledge of the materiality of the statement is not a defense to a charge of perjury under this section.

(c) Perjury is a Class C felony.

Amended by Act 2017, No. 889,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1166,§ 1, eff. 7/22/2015.

Acts 1975, No. 280, § 2602; A.S.A. 1947, § 41-2602.
Ark. Code Ann. § 5-64-805 — AR Code / Title 5 / Chapter 64 / Subchapter 8 / Section 5-64-805
Search warrant
Status: in_force

(a) If there is complaint on oath or affirmation supported by affidavit setting forth the facts for a belief that a drug device is being manufactured, sold, kept, stored, or in any manner held, used, or concealed in a particular house or other place with intent to engage in illegal drug paraphernalia business in violation of law, a circuit court or the judge of the circuit court in vacation to whom the complaint is made, if satisfied that there is probable cause for the belief, shall issue a warrant to search the house or other place for the drug device. (b) Except as otherwise provided in this section, a warrant issued under subsection (a) of this section shall be issued, directed, and executed in accordance with the laws of Arkansas pertaining to search warrants. (c) A warrant issued under this section for the search of any automobile, boat, conveyance, or vehicle, or for the search of any trunk, grip, or other article of baggage, for a drug device may be executed in any part of the state where the same are overtaken and shall be made returnable before any circuit court or the judge of the circuit court in vacation, within whose jurisdiction the automobile, boat, conveyance, vehicle, trunk, grip, or other article of baggage, or any of them, were transported or attempted to be transported. (d) If it is necessary, an officer charged with the execution of a warrant issued under this section may break open and enter a house or other place described in this section. Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.

(a) If there is complaint on oath or affirmation supported by affidavit setting forth the facts for a belief that a drug device is being manufactured, sold, kept, stored, or in any manner held, used, or concealed in a particular house or other place with intent to engage in illegal drug paraphernalia business in violation of law, a circuit court or the judge of the circuit court in vacation to whom the complaint is made, if satisfied that there is probable cause for the belief, shall issue a warrant to search the house or other place for the drug device.

(b) Except as otherwise provided in this section, a warrant issued under subsection (a) of this section shall be issued, directed, and executed in accordance with the laws of Arkansas pertaining to search warrants.

(c) A warrant issued under this section for the search of any automobile, boat, conveyance, or vehicle, or for the search of any trunk, grip, or other article of baggage, for a drug device may be executed in any part of the state where the same are overtaken and shall be made returnable before any circuit court or the judge of the circuit court in vacation, within whose jurisdiction the automobile, boat, conveyance, vehicle, trunk, grip, or other article of baggage, or any of them, were transported or attempted to be transported.

(d) If it is necessary, an officer charged with the execution of a warrant issued under this section may break open and enter a house or other place described in this section.

Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.
Ark. Code Ann. § 5-27-209 — AR Code / Title 5 / Chapter 27 / Subchapter 2 / Section 5-27-209
Contributing to the delinquency of a minor
Status: in_force

(a) A person commits the offense of contributing to the delinquency of a minor if, being an adult, the person knowingly aids, causes, or encourages a minor to: (1) Do any act prohibited by law; (2) Do any act that if done by an adult would render the adult subject to a prosecution for an offense punishable by imprisonment; (3) Habitually absent himself or herself, without good or sufficient cause, from the minor's home without the consent of the minor's parent, stepparent, foster parent, guardian, or other lawful custodian; (4) Habitually absent himself or herself from school when required by law to attend school; or (5) Habitually disobey a reasonable and lawful command of the minor's parent, stepparent, foster parent, guardian, or other lawful custodian. (b) Contributing to the delinquency of a minor is a Class A misdemeanor. Acts 1975, No. 280, § 2406; A.S.A. 1947, § 41-2406.

(a) A person commits the offense of contributing to the delinquency of a minor if, being an adult, the person knowingly aids, causes, or encourages a minor to: (1) Do any act prohibited by law; (2) Do any act that if done by an adult would render the adult subject to a prosecution for an offense punishable by imprisonment; (3) Habitually absent himself or herself, without good or sufficient cause, from the minor's home without the consent of the minor's parent, stepparent, foster parent, guardian, or other lawful custodian; (4) Habitually absent himself or herself from school when required by law to attend school; or (5) Habitually disobey a reasonable and lawful command of the minor's parent, stepparent, foster parent, guardian, or other lawful custodian.

(1) Do any act prohibited by law;

(2) Do any act that if done by an adult would render the adult subject to a prosecution for an offense punishable by imprisonment;

(3) Habitually absent himself or herself, without good or sufficient cause, from the minor's home without the consent of the minor's parent, stepparent, foster parent, guardian, or other lawful custodian;

(4) Habitually absent himself or herself from school when required by law to attend school; or

(5) Habitually disobey a reasonable and lawful command of the minor's parent, stepparent, foster parent, guardian, or other lawful custodian.

(b) Contributing to the delinquency of a minor is a Class A misdemeanor.

Acts 1975, No. 280, § 2406; A.S.A. 1947, § 41-2406.
Ark. Code Ann. § 5-65-121 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-121
Victim impact panel attendance - Fee
Status: in_force

(a) (1) A person whose driving privileges are suspended or revoked for violating § 5-65-103 , § 5-65-205 , § 5-65-303 , § 5-65-310 , or § 3-3-203 shall attend a victim impact panel provided by an organization approved by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (2) The organization approved by the division to provide the victim impact panel shall be a drug and alcohol safety education program provider contracted with the division. (b) (1) The organization approved by the division may collect a program fee of forty dollars ($40.00) per enrollee to offset program costs to be remitted to the organization. (2) However, if the enrollee is in the custody of the Department of Corrections, the organization may collect a program fee not to exceed ten dollars ($10.00) per enrollee to offset program costs to be remitted to the organization. (3) The organization approved by the division shall provide proof of attendance and completion to the person required to attend the victim impact panel upon completion of the victim impact panel. Amended by Act 2021, No. 500,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 913,§ 21, eff. 8/1/2017. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Amended by Act 2013, No. 1107,§ 6, eff. 8/16/2013. Acts 2009, No. 946, § 1.

(a) (1) A person whose driving privileges are suspended or revoked for violating § 5-65-103 , § 5-65-205 , § 5-65-303 , § 5-65-310 , or § 3-3-203 shall attend a victim impact panel provided by an organization approved by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (2) The organization approved by the division to provide the victim impact panel shall be a drug and alcohol safety education program provider contracted with the division.

(1) A person whose driving privileges are suspended or revoked for violating § 5-65-103 , § 5-65-205 , § 5-65-303 , § 5-65-310 , or § 3-3-203 shall attend a victim impact panel provided by an organization approved by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.

(2) The organization approved by the division to provide the victim impact panel shall be a drug and alcohol safety education program provider contracted with the division.

(b) (1) The organization approved by the division may collect a program fee of forty dollars ($40.00) per enrollee to offset program costs to be remitted to the organization. (2) However, if the enrollee is in the custody of the Department of Corrections, the organization may collect a program fee not to exceed ten dollars ($10.00) per enrollee to offset program costs to be remitted to the organization. (3) The organization approved by the division shall provide proof of attendance and completion to the person required to attend the victim impact panel upon completion of the victim impact panel.

(1) The organization approved by the division may collect a program fee of forty dollars ($40.00) per enrollee to offset program costs to be remitted to the organization.

(2) However, if the enrollee is in the custody of the Department of Corrections, the organization may collect a program fee not to exceed ten dollars ($10.00) per enrollee to offset program costs to be remitted to the organization.

(3) The organization approved by the division shall provide proof of attendance and completion to the person required to attend the victim impact panel upon completion of the victim impact panel.

Amended by Act 2021, No. 500,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 913,§ 21, eff. 8/1/2017.

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

Amended by Act 2013, No. 1107,§ 6, eff. 8/16/2013.

Acts 2009, No. 946, § 1.