Ark. Code Ann. § 5-27-402 — AR Code / Title 5 / Chapter 27 / Subchapter 4 / Section 5-27-402
Employing or consenting to the use of a child in a sexual performance
Status: in_force

(a) It is unlawful for a person, knowing the character and content of the performance, to employ, authorize, or induce a child under eighteen (18) years of age to engage in a sexual performance. (b) It is also unlawful for a parent or legal guardian or custodian of a child under eighteen (18) years of age to consent to the participation by the child in a sexual performance. (c) A person who violates this section upon conviction is guilty of a: (1) Class C felony for the first offense; and (2) Class B felony for a subsequent offense. Acts 1983, No. 451, § 2; A.S.A. 1947, § 41-4207; Acts 2011, No. 1190, § 3.

(a) It is unlawful for a person, knowing the character and content of the performance, to employ, authorize, or induce a child under eighteen (18) years of age to engage in a sexual performance.

(b) It is also unlawful for a parent or legal guardian or custodian of a child under eighteen (18) years of age to consent to the participation by the child in a sexual performance.

(c) A person who violates this section upon conviction is guilty of a: (1) Class C felony for the first offense; and (2) Class B felony for a subsequent offense.

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

(2) Class B felony for a subsequent offense.

Acts 1983, No. 451, § 2; A.S.A. 1947, § 41-4207; Acts 2011, No. 1190, § 3.
Ark. Code Ann. § 5-26-202 — AR Code / Title 5 / Chapter 26 / Subchapter 2 / Section 5-26-202
Incest
Status: in_force

(a) A person commits incest if the person, being sixteen (16) years of age or older, purports to marry, has sexual intercourse with, or engages in deviate sexual activity with another person sixteen (16) years of age or older whom the actor knows to be: (1) An ancestor or a descendant; (2) A stepchild or adopted child; (3) A brother or sister of the whole or half blood; (4) An uncle, aunt, nephew, or niece; or (5) A stepgrandchild or adopted grandchild. (b) A relationship referred to in this section includes a blood relationship without regard to legitimacy. (c) Incest is a Class C felony. Acts 1975, No. 280, § 2403; 1977, No. 360, § 12; 1985, No. 506, § 1; 1985, No. 916, § 1; A.S.A. 1947, § 41-2403; Acts 1997, No. 1321, § 1; 2003, No. 1469, § 1.

(a) A person commits incest if the person, being sixteen (16) years of age or older, purports to marry, has sexual intercourse with, or engages in deviate sexual activity with another person sixteen (16) years of age or older whom the actor knows to be: (1) An ancestor or a descendant; (2) A stepchild or adopted child; (3) A brother or sister of the whole or half blood; (4) An uncle, aunt, nephew, or niece; or (5) A stepgrandchild or adopted grandchild.

(1) An ancestor or a descendant;

(2) A stepchild or adopted child;

(3) A brother or sister of the whole or half blood;

(4) An uncle, aunt, nephew, or niece; or

(5) A stepgrandchild or adopted grandchild.

(b) A relationship referred to in this section includes a blood relationship without regard to legitimacy.

(c) Incest is a Class C felony.

Acts 1975, No. 280, § 2403; 1977, No. 360, § 12; 1985, No. 506, § 1; 1985, No. 916, § 1; A.S.A. 1947, § 41-2403; Acts 1997, No. 1321, § 1; 2003, No. 1469, § 1.
Ark. Code Ann. § 5-72-106 — AR Code / Title 5 / Chapter 72 / Section 5-72-106
Obstructing natural drains
Status: in_force

(a) It is unlawful for any person to obstruct in any manner any natural drain in this state. (b) Any person that obstructs in violation of subsection (a) of this section any natural drain is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (c) This section does not apply to the following counties: (1) Craighead County; (2) Lee County; (3) Phillips County; and (4) Woodruff County. Acts 1909, No. 296, §§ 1, 2, p. 897; C. & M. Dig., § 2758; Pope's Dig., § 3440; Acts 1971, No. 43, § 1; A.S.A. 1947, §§ 41-4051, 41-4052; Acts 2005, No. 1994, § 469.

(a) It is unlawful for any person to obstruct in any manner any natural drain in this state.

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

(c) This section does not apply to the following counties: (1) Craighead County; (2) Lee County; (3) Phillips County; and (4) Woodruff County.

(1) Craighead County;

(2) Lee County;

(3) Phillips County; and

(4) Woodruff County.

Acts 1909, No. 296, §§ 1, 2, p. 897; C. & M. Dig., § 2758; Pope's Dig., § 3440; Acts 1971, No. 43, § 1; A.S.A. 1947, §§ 41-4051, 41-4052; Acts 2005, No. 1994, § 469.
Ark. Code Ann. § 5-73-206 — AR Code / Title 5 / Chapter 73 / Subchapter 2 / Section 5-73-206
Evidence of possession or use
Status: in_force

The presence of a machine gun in any room, boat, or vehicle is evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle where the machine gun is found. Acts 1935, No. 80, § 5; Pope's Dig., § 3518; A.S.A. 1947, § 41-3161.

The presence of a machine gun in any room, boat, or vehicle is evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle where the machine gun is found.

Acts 1935, No. 80, § 5; Pope's Dig., § 3518; A.S.A. 1947, § 41-3161.
Ark. Code Ann. § 5-2-316 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-316
Conditional release - Subsequent discharge, modification, or revocation
Status: in_force

(a) (1) The Secretary of the Department of Human Services or his or her designee or a person conditionally released under § 5-2-315 , or both, may apply to the court ordering the conditional release for discharge from or modification of the order granting conditional release on the ground that the person conditionally released under § 5-2-315 may be discharged or the order modified without danger to the person conditionally released under § 5-2-315 or to the person or property of another person. (2) The application shall be accompanied by a supporting affidavit of a qualified physician. (3) A copy of the application and affidavit shall be transmitted to the prosecuting attorney of the judicial circuit from which the person was conditionally released and to any person supervising his or her release, and the hearing on the application shall be held following notice to the prosecuting attorney and the person supervising his or her release. (4) On its own motion or on the motion of a party, a court shall dismiss an application made under this section if the court determines that the application is frivolous or repetitive. (b) (1) After notice to the conditionally released person and a hearing, the court may determine that the conditionally released person has violated a condition of release or that for the safety of the conditionally released person or for the safety of the person or property of another person the conditional release should be modified, extended for a period specified by the court not to exceed five (5) years, or revoked. (2) (A) If an order is entered revoking the most recent order of conditional release under subdivision (b)(1) of this section, all conditions of the release shall be abated, and the person shall be ordered to be committed to the custody of the secretary or the secretary's designee. (B) After the revocation described in subdivision (b)(2)(A) of this section, the person is subject to future discharge or conditional release only under the procedure prescribed in § 5-2-315 . Amended by Act 2019, No. 910,§ 5125, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5124, eff. 7/1/2019. Amended by Act 2013, No. 1125,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 981,§ 3, eff. 8/16/2013. Acts 1975, No. 280, § 614; A.S.A. 1947, § 41-614; Acts 1997, No. 922, § 3; 2007, No. 623, § 1; 2011, No. 990, § 2.

(a) (1) The Secretary of the Department of Human Services or his or her designee or a person conditionally released under § 5-2-315 , or both, may apply to the court ordering the conditional release for discharge from or modification of the order granting conditional release on the ground that the person conditionally released under § 5-2-315 may be discharged or the order modified without danger to the person conditionally released under § 5-2-315 or to the person or property of another person. (2) The application shall be accompanied by a supporting affidavit of a qualified physician. (3) A copy of the application and affidavit shall be transmitted to the prosecuting attorney of the judicial circuit from which the person was conditionally released and to any person supervising his or her release, and the hearing on the application shall be held following notice to the prosecuting attorney and the person supervising his or her release. (4) On its own motion or on the motion of a party, a court shall dismiss an application made under this section if the court determines that the application is frivolous or repetitive.

(1) The Secretary of the Department of Human Services or his or her designee or a person conditionally released under § 5-2-315 , or both, may apply to the court ordering the conditional release for discharge from or modification of the order granting conditional release on the ground that the person conditionally released under § 5-2-315 may be discharged or the order modified without danger to the person conditionally released under § 5-2-315 or to the person or property of another person.

(2) The application shall be accompanied by a supporting affidavit of a qualified physician.

(3) A copy of the application and affidavit shall be transmitted to the prosecuting attorney of the judicial circuit from which the person was conditionally released and to any person supervising his or her release, and the hearing on the application shall be held following notice to the prosecuting attorney and the person supervising his or her release.

(4) On its own motion or on the motion of a party, a court shall dismiss an application made under this section if the court determines that the application is frivolous or repetitive.

(b) (1) After notice to the conditionally released person and a hearing, the court may determine that the conditionally released person has violated a condition of release or that for the safety of the conditionally released person or for the safety of the person or property of another person the conditional release should be modified, extended for a period specified by the court not to exceed five (5) years, or revoked. (2) (A) If an order is entered revoking the most recent order of conditional release under subdivision (b)(1) of this section, all conditions of the release shall be abated, and the person shall be ordered to be committed to the custody of the secretary or the secretary's designee. (B) After the revocation described in subdivision (b)(2)(A) of this section, the person is subject to future discharge or conditional release only under the procedure prescribed in § 5-2-315 .

(1) After notice to the conditionally released person and a hearing, the court may determine that the conditionally released person has violated a condition of release or that for the safety of the conditionally released person or for the safety of the person or property of another person the conditional release should be modified, extended for a period specified by the court not to exceed five (5) years, or revoked.

(2) (A) If an order is entered revoking the most recent order of conditional release under subdivision (b)(1) of this section, all conditions of the release shall be abated, and the person shall be ordered to be committed to the custody of the secretary or the secretary's designee. (B) After the revocation described in subdivision (b)(2)(A) of this section, the person is subject to future discharge or conditional release only under the procedure prescribed in § 5-2-315 .

(A) If an order is entered revoking the most recent order of conditional release under subdivision (b)(1) of this section, all conditions of the release shall be abated, and the person shall be ordered to be committed to the custody of the secretary or the secretary's designee.

(B) After the revocation described in subdivision (b)(2)(A) of this section, the person is subject to future discharge or conditional release only under the procedure prescribed in § 5-2-315 .

Amended by Act 2019, No. 910,§ 5125, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5124, eff. 7/1/2019.

Amended by Act 2013, No. 1125,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 981,§ 3, eff. 8/16/2013.

Acts 1975, No. 280, § 614; A.S.A. 1947, § 41-614; Acts 1997, No. 922, § 3; 2007, No. 623, § 1; 2011, No. 990, § 2.
Ark. Code Ann. § 5-27-404 — AR Code / Title 5 / Chapter 27 / Subchapter 4 / Section 5-27-404
Good faith defense
Status: in_force

It is an affirmative defense to a prosecution under this subchapter that the defendant in good faith reasonably believed that the person who engaged in the sexual conduct was eighteen (18) years of age or older. Acts 1983, No. 451, § 4; A.S.A. 1947, § 41-4209; Acts 2011, No. 1190, § 5.

It is an affirmative defense to a prosecution under this subchapter that the defendant in good faith reasonably believed that the person who engaged in the sexual conduct was eighteen (18) years of age or older.

Acts 1983, No. 451, § 4; A.S.A. 1947, § 41-4209; Acts 2011, No. 1190, § 5.
Ark. Code Ann. § 5-37-214 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-214
Fraud - Aggregation of amounts
Status: in_force

In a prosecution under § 5-37-212 or § 5-37-213 , an amount involved in a fraud committed pursuant to one (1) scheme or course of conduct, whether committed against one (1) or more persons, may be aggregated in determining the grade of the offense. Acts 1975, No. 280, § 2315; A.S.A. 1947, § 41-2315.

In a prosecution under § 5-37-212 or § 5-37-213 , an amount involved in a fraud committed pursuant to one (1) scheme or course of conduct, whether committed against one (1) or more persons, may be aggregated in determining the grade of the offense.

Acts 1975, No. 280, § 2315; A.S.A. 1947, § 41-2315.
Ark. Code Ann. § 5-28-110 — AR Code / Title 5 / Chapter 28 / Subchapter 1 / Section 5-28-110
Penalties for violation of section 12-12-1701 et seq
Status: in_force

(a) Any person or caregiver required by the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq., to report a case of suspected adult maltreatment or long-term care facility resident maltreatment who purposely fails to do so is: (1) Guilty of a Class B misdemeanor; and (2) Civilly liable for damages proximately caused by the failure. (b) Any person, official, or institution willfully making a false notification by the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq., knowing the allegation to be false, is guilty of a: (1) Class A misdemeanor; or (2) Class D felony if the person, official, or institution has been previously convicted of making a false allegation. (c) Any person who willfully permits and any other person who encourages the release of data or information contained in the adult and long-term care facility maltreatment central registry to a person to whom disclosure is not permitted under this section, § 5-28-201 [repealed], or §§ 5-28-203 - 5-28-221 [repealed] is guilty of a Class A misdemeanor. (d) Any person required to report a death as the result of suspected adult maltreatment or long-term care facility resident maltreatment who knowingly fails to make a report immediately to the appropriate coroner is guilty of a Class C misdemeanor. (e) Any person required to report suspected adult maltreatment or long-term care facility resident maltreatment who knowingly fails to make a report within twenty-four (24) hours or on the next business day, whichever is earlier, is guilty of a Class C misdemeanor. Acts 1983, No. 452, § 13; A.S.A. 1947, § 59-1313; Acts 1993, No. 1292, § 5; 1995, No. 1338, § 2; 2003, No. 1046, § 13; 2005, No. 1810, § 8; 2005, No. 1994, § 298.

(a) Any person or caregiver required by the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq., to report a case of suspected adult maltreatment or long-term care facility resident maltreatment who purposely fails to do so is: (1) Guilty of a Class B misdemeanor; and (2) Civilly liable for damages proximately caused by the failure.

(1) Guilty of a Class B misdemeanor; and

(2) Civilly liable for damages proximately caused by the failure.

(b) Any person, official, or institution willfully making a false notification by the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq., knowing the allegation to be false, is guilty of a: (1) Class A misdemeanor; or (2) Class D felony if the person, official, or institution has been previously convicted of making a false allegation.

(1) Class A misdemeanor; or

(2) Class D felony if the person, official, or institution has been previously convicted of making a false allegation.

(c) Any person who willfully permits and any other person who encourages the release of data or information contained in the adult and long-term care facility maltreatment central registry to a person to whom disclosure is not permitted under this section, § 5-28-201 [repealed], or §§ 5-28-203 - 5-28-221 [repealed] is guilty of a Class A misdemeanor.

(d) Any person required to report a death as the result of suspected adult maltreatment or long-term care facility resident maltreatment who knowingly fails to make a report immediately to the appropriate coroner is guilty of a Class C misdemeanor.

(e) Any person required to report suspected adult maltreatment or long-term care facility resident maltreatment who knowingly fails to make a report within twenty-four (24) hours or on the next business day, whichever is earlier, is guilty of a Class C misdemeanor.

Acts 1983, No. 452, § 13; A.S.A. 1947, § 59-1313; Acts 1993, No. 1292, § 5; 1995, No. 1338, § 2; 2003, No. 1046, § 13; 2005, No. 1810, § 8; 2005, No. 1994, § 298.
Ark. Code Ann. § 5-63-305 — AR Code / Title 5 / Chapter 63 / Subchapter 3 / Section 5-63-305
Debt adjusting law - Exclusions
Status: in_force

The following persons are not considered a debt adjuster for the purposes of this subchapter: (1) An attorney at law; (2) A bank, fiduciary, or financing and lending institution as authorized and admitted to transact business in this state and performing credit and financial adjusting services in the regular course of its principal business; (3) A title insurer or abstract company, while doing an escrow business; (4) An employer, for its employees; (5) A judicial officer or another person acting pursuant to court order; (6) A nonprofit organization giving debt management service without fee or charge or with a fee if the fee is in an amount not to exceed the amount of actual expenses incurred in offering the debt management service; and (7) An association, for its members. Acts 1967, No. 61, § 5; 1983, No. 189, § 2; A.S.A. 1947, § 41-4161.

The following persons are not considered a debt adjuster for the purposes of this subchapter:

(1) An attorney at law;

(2) A bank, fiduciary, or financing and lending institution as authorized and admitted to transact business in this state and performing credit and financial adjusting services in the regular course of its principal business;

(3) A title insurer or abstract company, while doing an escrow business;

(4) An employer, for its employees;

(5) A judicial officer or another person acting pursuant to court order;

(6) A nonprofit organization giving debt management service without fee or charge or with a fee if the fee is in an amount not to exceed the amount of actual expenses incurred in offering the debt management service; and

(7) An association, for its members.

Acts 1967, No. 61, § 5; 1983, No. 189, § 2; A.S.A. 1947, § 41-4161.
Ark. Code Ann. § 5-64-1004 — AR Code / Title 5 / Chapter 64 / Subchapter 10 / Section 5-64-1004
Failure to maintain records - Penalty
Status: in_force

Failure to maintain accurate records with proper identification from the purchaser under this subchapter is a Class A misdemeanor. Amended by Act 2017, No. 333,§ 3, eff. 8/1/2017. Acts 1989, No. 518, § 1.

Failure to maintain accurate records with proper identification from the purchaser under this subchapter is a Class A misdemeanor.

Amended by Act 2017, No. 333,§ 3, eff. 8/1/2017.

Acts 1989, No. 518, § 1.
Ark. Code Ann. § 5-13-205 — AR Code / Title 5 / Chapter 13 / Subchapter 2 / Section 5-13-205
Assault in the first degree
Status: in_force

(a) A person commits assault in the first degree if he or she: (1) Recklessly engages in conduct that creates a substantial risk of death or serious physical injury to another person; or (2) Purposely impedes or prevents the respiration of another person or the circulation of another person's blood by applying pressure on the throat or neck or by blocking the nose or mouth of the other person. (b) Assault in the first degree is a Class A misdemeanor. (c) It is a defense to prosecution under subdivision (a)(2) of this section if the other person consented to the impeding or prevention of his or her respiration or circulation of blood. Acts 1975, No. 280, § 1605; A.S.A. 1947, § 41-1605; Acts 2009, No. 332, § 2.

(a) A person commits assault in the first degree if he or she: (1) Recklessly engages in conduct that creates a substantial risk of death or serious physical injury to another person; or (2) Purposely impedes or prevents the respiration of another person or the circulation of another person's blood by applying pressure on the throat or neck or by blocking the nose or mouth of the other person.

(1) Recklessly engages in conduct that creates a substantial risk of death or serious physical injury to another person; or

(2) Purposely impedes or prevents the respiration of another person or the circulation of another person's blood by applying pressure on the throat or neck or by blocking the nose or mouth of the other person.

(b) Assault in the first degree is a Class A misdemeanor.

(c) It is a defense to prosecution under subdivision (a)(2) of this section if the other person consented to the impeding or prevention of his or her respiration or circulation of blood.

Acts 1975, No. 280, § 1605; A.S.A. 1947, § 41-1605; Acts 2009, No. 332, § 2.
Ark. Code Ann. § 5-54-107 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-107
Compounding
Status: in_force

(a) A person commits the offense of compounding if he or she: (1) Solicits, accepts, or agrees to accept any pecuniary benefit as consideration for refraining from reporting to a law enforcement authority the commission or suspected commission of any offense or information relating to an offense; or (2) Offers, confers, or agrees to confer a benefit and the receipt of the benefit is prohibited by this section. (b) Compounding is a: (1) Class B felony if the offense concealed is a Class Y felony; (2) Class C felony if the offense concealed is a Class A felony; (3) Class D felony if the offense concealed is: (A) A Class B felony; (B) A Class C felony; (C) A Class D felony; or (D) An unclassified felony; or (4) Class B misdemeanor if the offense concealed is a misdemeanor of any class. Acts 1975, No. 280, § 2807; 1977, No. 360, § 16; A.S.A. 1947, § 41-2807; Acts 1991, No. 1049, § 1.

(a) A person commits the offense of compounding if he or she: (1) Solicits, accepts, or agrees to accept any pecuniary benefit as consideration for refraining from reporting to a law enforcement authority the commission or suspected commission of any offense or information relating to an offense; or (2) Offers, confers, or agrees to confer a benefit and the receipt of the benefit is prohibited by this section.

(1) Solicits, accepts, or agrees to accept any pecuniary benefit as consideration for refraining from reporting to a law enforcement authority the commission or suspected commission of any offense or information relating to an offense; or

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

(b) Compounding is a: (1) Class B felony if the offense concealed is a Class Y felony; (2) Class C felony if the offense concealed is a Class A felony; (3) Class D felony if the offense concealed is: (A) A Class B felony; (B) A Class C felony; (C) A Class D felony; or (D) An unclassified felony; or (4) Class B misdemeanor if the offense concealed is a misdemeanor of any class.

(1) Class B felony if the offense concealed is a Class Y felony;

(2) Class C felony if the offense concealed is a Class A felony;

(3) Class D felony if the offense concealed is: (A) A Class B felony; (B) A Class C felony; (C) A Class D felony; or (D) An unclassified felony; or

(A) A Class B felony;

(B) A Class C felony;

(C) A Class D felony; or

(D) An unclassified felony; or

(4) Class B misdemeanor if the offense concealed is a misdemeanor of any class.

Acts 1975, No. 280, § 2807; 1977, No. 360, § 16; A.S.A. 1947, § 41-2807; Acts 1991, No. 1049, § 1.
Ark. Code Ann. § 5-64-308 — AR Code / Title 5 / Chapter 64 / Subchapter 3 / Section 5-64-308
[See Note] Prescriptions
Status: in_force

(a) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in Schedule II may be dispensed without the written prescription of a practitioner or the oral, faxed, or electronic prescription of a practitioner, if issued in compliance with federal law and regulations. (b) (1) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in Schedule III or Schedule IV that is a prescription drug shall not be dispensed without a written or oral prescription of a practitioner or the faxed or electronic prescription of a practitioner, if issued in compliance with federal law and regulations. (2) The prescription shall not be filled or refilled more than six (6) months after the date of the prescription or be refilled more than five (5) times unless renewed by the practitioner. (c) A controlled substance included in Schedule V shall not be distributed or dispensed other than for a medical purpose. Amended by Act 2013, No. 1331,§ 1, eff. 8/16/2013. Acts 1971, No. 590, Art. 3, § 2; A.S.A. 1947, § 82-2616. This section is set out more than once due to postponed, multiple, or conflicting amendments.

(a) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in Schedule II may be dispensed without the written prescription of a practitioner or the oral, faxed, or electronic prescription of a practitioner, if issued in compliance with federal law and regulations.

(b) (1) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in Schedule III or Schedule IV that is a prescription drug shall not be dispensed without a written or oral prescription of a practitioner or the faxed or electronic prescription of a practitioner, if issued in compliance with federal law and regulations. (2) The prescription shall not be filled or refilled more than six (6) months after the date of the prescription or be refilled more than five (5) times unless renewed by the practitioner.

(1) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in Schedule III or Schedule IV that is a prescription drug shall not be dispensed without a written or oral prescription of a practitioner or the faxed or electronic prescription of a practitioner, if issued in compliance with federal law and regulations.

(2) The prescription shall not be filled or refilled more than six (6) months after the date of the prescription or be refilled more than five (5) times unless renewed by the practitioner.

(c) A controlled substance included in Schedule V shall not be distributed or dispensed other than for a medical purpose.

Amended by Act 2013, No. 1331,§ 1, eff. 8/16/2013.

Acts 1971, No. 590, Art. 3, § 2; A.S.A. 1947, § 82-2616.

This section is set out more than once due to postponed, multiple, or conflicting amendments.
Ark. Code Ann. § 5-26-308 — AR Code / Title 5 / Chapter 26 / Subchapter 3 / Section 5-26-308
Second degree assault on family or household member
Status: in_force

(a) A person commits second degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of physical injury to a family or household member. (b) Second degree assault on a family or household member is a Class B misdemeanor. Acts 1979, No. 396, § 6; A.S.A. 1947, § 41-1658; Acts 1995, No. 1291, § 6.

(a) A person commits second degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of physical injury to a family or household member.

(b) Second degree assault on a family or household member is a Class B misdemeanor.

Acts 1979, No. 396, § 6; A.S.A. 1947, § 41-1658; Acts 1995, No. 1291, § 6.
Ark. Code Ann. § 5-64-707 — AR Code / Title 5 / Chapter 64 / Subchapter 7 / Section 5-64-707
Admissibility of drug analysis - Cross-examination
Status: in_force

(a) In any criminal prosecution for an alleged violation of this chapter, a record or report of any relevant drug analysis made by the State Crime Laboratory shall be received as competent evidence as to a matter contained in the record or report in this section in any preliminary hearing when attested to by the Director of the State Crime Laboratory or his or her assistant or deputy. (b) (1) Nothing in this section abrogates a defendant's right of cross-examination. (2) If the defendant desires to cross-examine the director or the appropriate assistant or deputy, the defendant may compel the director or his or her appropriate assistant or deputy to attend court by the issuance of a proper subpoena. (3) If the defendant compels the director or his or her appropriate assistant or deputy to attend court by the issuance of a proper subpoena: (A) The record or report is only admissible through the director or the appropriate assistant or deputy; and (B) The director or the appropriate assistant or deputy is subject to cross-examination by the defendant or his or her counsel. Amended by Act 2019, No. 910,§ 5735, eff. 7/1/2019. Acts 1977, No. 356, § 1; A.S.A. 1947, § 82-2627.1; Acts 2005, No. 1994, § 313.

(a) In any criminal prosecution for an alleged violation of this chapter, a record or report of any relevant drug analysis made by the State Crime Laboratory shall be received as competent evidence as to a matter contained in the record or report in this section in any preliminary hearing when attested to by the Director of the State Crime Laboratory or his or her assistant or deputy.

(b) (1) Nothing in this section abrogates a defendant's right of cross-examination. (2) If the defendant desires to cross-examine the director or the appropriate assistant or deputy, the defendant may compel the director or his or her appropriate assistant or deputy to attend court by the issuance of a proper subpoena. (3) If the defendant compels the director or his or her appropriate assistant or deputy to attend court by the issuance of a proper subpoena: (A) The record or report is only admissible through the director or the appropriate assistant or deputy; and (B) The director or the appropriate assistant or deputy is subject to cross-examination by the defendant or his or her counsel.

(1) Nothing in this section abrogates a defendant's right of cross-examination.

(2) If the defendant desires to cross-examine the director or the appropriate assistant or deputy, the defendant may compel the director or his or her appropriate assistant or deputy to attend court by the issuance of a proper subpoena.

(3) If the defendant compels the director or his or her appropriate assistant or deputy to attend court by the issuance of a proper subpoena: (A) The record or report is only admissible through the director or the appropriate assistant or deputy; and (B) The director or the appropriate assistant or deputy is subject to cross-examination by the defendant or his or her counsel.

(A) The record or report is only admissible through the director or the appropriate assistant or deputy; and

(B) The director or the appropriate assistant or deputy is subject to cross-examination by the defendant or his or her counsel.

Amended by Act 2019, No. 910,§ 5735, eff. 7/1/2019.

Acts 1977, No. 356, § 1; A.S.A. 1947, § 82-2627.1; Acts 2005, No. 1994, § 313.
Ark. Code Ann. § 5-36-306 — AR Code / Title 5 / Chapter 36 / Subchapter 3 / Section 5-36-306
Civil remedy
Status: in_force

In a civil action in any court of competent jurisdiction, a wireless service provider aggrieved by a violation of this subchapter may obtain appropriate relief, including: (1) Preliminary and other equitable or declaratory relief; (2) Compensatory and punitive damages; (3) Reasonable investigation expenses; (4) Costs of suit; and (5) Attorney fees. Acts 1997, No. 1310, § 6.

In a civil action in any court of competent jurisdiction, a wireless service provider aggrieved by a violation of this subchapter may obtain appropriate relief, including:

(1) Preliminary and other equitable or declaratory relief;

(2) Compensatory and punitive damages;

(3) Reasonable investigation expenses;

(4) Costs of suit; and

(5) Attorney fees.

Acts 1997, No. 1310, § 6.
Ark. Code Ann. § 5-71-201 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-201
Riot
Status: in_force

(a) A person commits the offense of riot if, with two (2) or more other persons, he or she knowingly engages in tumultuous or violent conduct that creates a substantial risk of: (1) Causing public alarm; (2) Disrupting the performance of a governmental function; or (3) Damaging or injuring property or a person. (b) (1) Riot is a Class A misdemeanor. (2) A person convicted of riot shall be sentenced to a minimum of thirty (30) days of imprisonment for which the defendant is required to serve at least thirty (30) days before being released from imprisonment and shall be ordered to pay restitution for any physical injury, damage, or loss incurred as a result of the offense. Amended by Act 2021, No. 1014,§ 7, eff. 7/28/2021. Acts 1975, No. 280, § 2902; A.S.A. 1947, § 41-2902.

(a) A person commits the offense of riot if, with two (2) or more other persons, he or she knowingly engages in tumultuous or violent conduct that creates a substantial risk of: (1) Causing public alarm; (2) Disrupting the performance of a governmental function; or (3) Damaging or injuring property or a person.

(1) Causing public alarm;

(2) Disrupting the performance of a governmental function; or

(3) Damaging or injuring property or a person.

(b) (1) Riot is a Class A misdemeanor. (2) A person convicted of riot shall be sentenced to a minimum of thirty (30) days of imprisonment for which the defendant is required to serve at least thirty (30) days before being released from imprisonment and shall be ordered to pay restitution for any physical injury, damage, or loss incurred as a result of the offense.

(1) Riot is a Class A misdemeanor.

(2) A person convicted of riot shall be sentenced to a minimum of thirty (30) days of imprisonment for which the defendant is required to serve at least thirty (30) days before being released from imprisonment and shall be ordered to pay restitution for any physical injury, damage, or loss incurred as a result of the offense.

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

Acts 1975, No. 280, § 2902; A.S.A. 1947, § 41-2902.
Ark. Code Ann. § 5-5-402 — AR Code / Title 5 / Chapter 5 / Subchapter 4 / Section 5-5-402
Transfer to State Crime Laboratory
Status: in_force

(a) (1) Notwithstanding any other provision of this chapter, a weapon or ammunition seized by any agency of the State of Arkansas or any local law enforcement agency in the state, and that is forfeited pursuant to law, may be transferred to the State Crime Laboratory. (2) However, no transfer of a weapon or ammunition shall be made pursuant to this section until there is a final determination concerning the disposition of the weapon or ammunition by the court having jurisdiction over the weapon or ammunition. (b) In addition to a forfeited weapon or ammunition, any other weapon or ammunition held by an agency of the state or a local law enforcement agency for which the agency has no use may be transferred to the laboratory under the procedures prescribed in this subchapter. (c) Nothing contained in this subchapter shall be construed to preclude a voluntary transfer to the State Crime Laboratory by an individual, entity, or agency of the United States Government. Acts 1995, No. 202, § 1; 2007, No. 827, § 18.

(a) (1) Notwithstanding any other provision of this chapter, a weapon or ammunition seized by any agency of the State of Arkansas or any local law enforcement agency in the state, and that is forfeited pursuant to law, may be transferred to the State Crime Laboratory. (2) However, no transfer of a weapon or ammunition shall be made pursuant to this section until there is a final determination concerning the disposition of the weapon or ammunition by the court having jurisdiction over the weapon or ammunition.

(1) Notwithstanding any other provision of this chapter, a weapon or ammunition seized by any agency of the State of Arkansas or any local law enforcement agency in the state, and that is forfeited pursuant to law, may be transferred to the State Crime Laboratory.

(2) However, no transfer of a weapon or ammunition shall be made pursuant to this section until there is a final determination concerning the disposition of the weapon or ammunition by the court having jurisdiction over the weapon or ammunition.

(b) In addition to a forfeited weapon or ammunition, any other weapon or ammunition held by an agency of the state or a local law enforcement agency for which the agency has no use may be transferred to the laboratory under the procedures prescribed in this subchapter.

(c) Nothing contained in this subchapter shall be construed to preclude a voluntary transfer to the State Crime Laboratory by an individual, entity, or agency of the United States Government.

Acts 1995, No. 202, § 1; 2007, No. 827, § 18.
Ark. Code Ann. § 5-55-101 — AR Code / Title 5 / Chapter 55 / Subchapter 1 / Section 5-55-101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Medicaid Fraud Act". Acts 1979, No. 823, § 1; A.S.A. 1947, § 41-4401.

This subchapter shall be known and may be cited as the "Medicaid Fraud Act".

Acts 1979, No. 823, § 1; A.S.A. 1947, § 41-4401.
Ark. Code Ann. § 5-51-201 — AR Code / Title 5 / Chapter 51 / Subchapter 2 / Section 5-51-201
Treason
Status: in_force

(a) Treason against the state shall consist only in: (1) Levying war against the state; or (2) Adhering to the state's enemies, giving them aid and comfort. (b) No person shall be convicted of treason unless on: (1) The testimony of two (2) witnesses to the same overt act; or (2) The person's own confession in open court. (c) Treason is punishable by death or life imprisonment without parole pursuant to §§ 5-4-601 - 5-4-605 , 5-4-607 , and 5-4-608 . (d) For all purposes other than disposition under §§ 5-4-101 - 5-4-104 , 5-4-201 - 5-4-204 , 5-4-301 - 5-4-307 , 5-4-401 - 5-4-404 , 5-4-501 - 5-4-504 , 5-4-601 - 5-4-605 , 5-4-607 , 5-4-608 , 16-93-307 , 16-93-313 , and 16-93-314 , treason is a Class A felony. Rev. Stat., ch. 44, div. 2, art. 1, §§ 1, 2; C. & M. Dig., §§ 2321, 2322; Pope's Dig., §§ 2947, 2948; Acts 1975, No. 928, § 13; A.S.A. 1947, §§ 41-3951, 41-3952; Acts 2005, No. 1994, § 296; 2011, No. 570, § 31.

(a) Treason against the state shall consist only in: (1) Levying war against the state; or (2) Adhering to the state's enemies, giving them aid and comfort.

(1) Levying war against the state; or

(2) Adhering to the state's enemies, giving them aid and comfort.

(b) No person shall be convicted of treason unless on: (1) The testimony of two (2) witnesses to the same overt act; or (2) The person's own confession in open court.

(1) The testimony of two (2) witnesses to the same overt act; or

(2) The person's own confession in open court.

(c) Treason is punishable by death or life imprisonment without parole pursuant to §§ 5-4-601 - 5-4-605 , 5-4-607 , and 5-4-608 .

(d) For all purposes other than disposition under §§ 5-4-101 - 5-4-104 , 5-4-201 - 5-4-204 , 5-4-301 - 5-4-307 , 5-4-401 - 5-4-404 , 5-4-501 - 5-4-504 , 5-4-601 - 5-4-605 , 5-4-607 , 5-4-608 , 16-93-307 , 16-93-313 , and 16-93-314 , treason is a Class A felony.

Rev. Stat., ch. 44, div. 2, art. 1, §§ 1, 2; C. & M. Dig., §§ 2321, 2322; Pope's Dig., §§ 2947, 2948; Acts 1975, No. 928, § 13; A.S.A. 1947, §§ 41-3951, 41-3952; Acts 2005, No. 1994, § 296; 2011, No. 570, § 31.
Ark. Code Ann. § 5-36-108 — AR Code / Title 5 / Chapter 36 / Subchapter 1 / Section 5-36-108
Unauthorized use of a vehicle
Status: in_force

(a) A person commits unauthorized use of a vehicle if the person knowingly takes, operates, or exercises control over another person's vehicle without consent of the owner. (b) Unauthorized use of a vehicle is a Class A misdemeanor. Acts 1975, No. 280, § 2208; A.S.A. 1947, § 41-2208.

(a) A person commits unauthorized use of a vehicle if the person knowingly takes, operates, or exercises control over another person's vehicle without consent of the owner.

(b) Unauthorized use of a vehicle is a Class A misdemeanor.

Acts 1975, No. 280, § 2208; A.S.A. 1947, § 41-2208.
Ark. Code Ann. § 5-64-803 — AR Code / Title 5 / Chapter 64 / Subchapter 8 / Section 5-64-803
Public nuisance to be abated or closed
Status: in_force

(a) A place where a drug device is manufactured, sold, stored, possessed, given away, or furnished in violation of this subchapter is deemed a common or public nuisance. (b) A conveyance or vehicle of any kind is deemed a "place" within the meaning of subsection (a) of this section and may be proceeded against under the provisions of § 5-64-804 . (c) A person who maintains, or aids or abets, or knowingly associates with another in maintaining a common or public nuisance under subsection (a) of this section is in violation of this subchapter, and judgment shall be given that the common or public nuisance be abated or closed as a place for the manufacture, sale, storage, possession, giving away, or furnishing of a drug device. Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644; Acts 2007, No. 827, § 67.

(a) A place where a drug device is manufactured, sold, stored, possessed, given away, or furnished in violation of this subchapter is deemed a common or public nuisance.

(b) A conveyance or vehicle of any kind is deemed a "place" within the meaning of subsection (a) of this section and may be proceeded against under the provisions of § 5-64-804 .

(c) A person who maintains, or aids or abets, or knowingly associates with another in maintaining a common or public nuisance under subsection (a) of this section is in violation of this subchapter, and judgment shall be given that the common or public nuisance be abated or closed as a place for the manufacture, sale, storage, possession, giving away, or furnishing of a drug device.

Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644; Acts 2007, No. 827, § 67.
Ark. Code Ann. § 5-64-445 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-445
Advertisement of a counterfeit substance or drug paraphernalia
Status: in_force

A person who places in any newspaper, magazine, handbill, or other publication any advertisement knowing, or under circumstances in which a person reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of a counterfeit substance or of an object designed or intended for use as drug paraphernalia upon conviction is guilty of a Class C felony. Acts 2011, No. 570, § 65.

A person who places in any newspaper, magazine, handbill, or other publication any advertisement knowing, or under circumstances in which a person reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of a counterfeit substance or of an object designed or intended for use as drug paraphernalia upon conviction is guilty of a Class C felony.

Acts 2011, No. 570, § 65.
Ark. Code Ann. § 5-55-103 — AR Code / Title 5 / Chapter 55 / Subchapter 1 / Section 5-55-103
Unlawful acts - Classification
Status: in_force

(a) It is unlawful for any person to commit Medicaid fraud as prohibited by § 5-55-111 . (b) Medicaid fraud is a: (1) Class C felony if the aggregate amount of payments illegally claimed is two thousand five hundred dollars ($2,500) or more but less than five thousand dollars ($5,000); (2) Class B felony if the aggregate amount of payments illegally claimed is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000); and (3) Class A felony if the aggregate amount of payments illegally claimed is twenty-five thousand dollars ($25,000) or more. (c) Otherwise, Medicaid fraud is a Class A misdemeanor. Amended by Act 2019, No. 916,§ 4, eff. 7/24/2019. Amended by Act 2017, No. 978,§ 3, eff. 8/1/2017. Acts 1979, No. 823, § 3; A.S.A. 1947, § 41-4403; Acts 1993, No. 1291, § 2; 2003, No. 1122, § 1; 2007, No. 827, § 49.

(a) It is unlawful for any person to commit Medicaid fraud as prohibited by § 5-55-111 .

(b) Medicaid fraud is a: (1) Class C felony if the aggregate amount of payments illegally claimed is two thousand five hundred dollars ($2,500) or more but less than five thousand dollars ($5,000); (2) Class B felony if the aggregate amount of payments illegally claimed is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000); and (3) Class A felony if the aggregate amount of payments illegally claimed is twenty-five thousand dollars ($25,000) or more.

(1) Class C felony if the aggregate amount of payments illegally claimed is two thousand five hundred dollars ($2,500) or more but less than five thousand dollars ($5,000);

(2) Class B felony if the aggregate amount of payments illegally claimed is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000); and

(3) Class A felony if the aggregate amount of payments illegally claimed is twenty-five thousand dollars ($25,000) or more.

(c) Otherwise, Medicaid fraud is a Class A misdemeanor.

Amended by Act 2019, No. 916,§ 4, eff. 7/24/2019.

Amended by Act 2017, No. 978,§ 3, eff. 8/1/2017.

Acts 1979, No. 823, § 3; A.S.A. 1947, § 41-4403; Acts 1993, No. 1291, § 2; 2003, No. 1122, § 1; 2007, No. 827, § 49.
Ark. Code Ann. § 5-51-306 — AR Code / Title 5 / Chapter 51 / Subchapter 3 / Section 5-51-306
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1348,§ 8, eff. 8/16/2013. Acts 1941, No. 312, § 8; A.S.A. 1947, § 41-3965; Acts 2005, No. 1994, § 316.

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

Acts 1941, No. 312, § 8; A.S.A. 1947, § 41-3965; Acts 2005, No. 1994, § 316.
Ark. Code Ann. § 5-68-205 — AR Code / Title 5 / Chapter 68 / Subchapter 2 / Section 5-68-205
Public display of obscenity
Status: in_force

(a) (1) As used in this subsection: (A) "Obscene" means the same as "obscene material" defined by § 5-68-302 ; and (B) "Obscenity" means an obscene sticker, painting, decal, emblem, or other device that is or contains an obscene writing, description, photograph, or depiction. (2) A person commits the offense of publicly displaying an obscenity if the person knowingly causes an obscenity to be displayed in a manner that is readily visible to the public and the obscenity's content or character is distinguishable by normal vision. (3) Publicly displaying an obscenity is a Class B misdemeanor. (b) (1) It is unlawful to publicly display obscene material as defined by § 5-68-302 on any motor vehicle or wearing apparel. (2) A violation of this subsection is a Class C misdemeanor. Acts 1989, No. 200, § 1; 1989, No. 584, § 1; 2007, No. 827, §§ 89, 90.

(a) (1) As used in this subsection: (A) "Obscene" means the same as "obscene material" defined by § 5-68-302 ; and (B) "Obscenity" means an obscene sticker, painting, decal, emblem, or other device that is or contains an obscene writing, description, photograph, or depiction. (2) A person commits the offense of publicly displaying an obscenity if the person knowingly causes an obscenity to be displayed in a manner that is readily visible to the public and the obscenity's content or character is distinguishable by normal vision. (3) Publicly displaying an obscenity is a Class B misdemeanor.

(1) As used in this subsection: (A) "Obscene" means the same as "obscene material" defined by § 5-68-302 ; and (B) "Obscenity" means an obscene sticker, painting, decal, emblem, or other device that is or contains an obscene writing, description, photograph, or depiction.

(A) "Obscene" means the same as "obscene material" defined by § 5-68-302 ; and

(B) "Obscenity" means an obscene sticker, painting, decal, emblem, or other device that is or contains an obscene writing, description, photograph, or depiction.

(2) A person commits the offense of publicly displaying an obscenity if the person knowingly causes an obscenity to be displayed in a manner that is readily visible to the public and the obscenity's content or character is distinguishable by normal vision.

(3) Publicly displaying an obscenity is a Class B misdemeanor.

(b) (1) It is unlawful to publicly display obscene material as defined by § 5-68-302 on any motor vehicle or wearing apparel. (2) A violation of this subsection is a Class C misdemeanor.

(1) It is unlawful to publicly display obscene material as defined by § 5-68-302 on any motor vehicle or wearing apparel.

(2) A violation of this subsection is a Class C misdemeanor.

Acts 1989, No. 200, § 1; 1989, No. 584, § 1; 2007, No. 827, §§ 89, 90.
Ark. Code Ann. § 5-4-502 — AR Code / Title 5 / Chapter 4 / Subchapter 5 / Section 5-4-502
Habitual offenders - Sentencing procedure
Status: in_force

The following procedure governs a trial at which a sentence to an extended term of imprisonment is sought pursuant to § 5-4-501 : (1) The jury shall first hear all evidence relevant to the felony with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge; (2) (A) If the defendant is found guilty of the felony, out of the hearing of the jury the trial court shall hear evidence of the defendant's prior felony convictions or prior findings of the defendant's guilt of felonies and shall determine the number of prior felony convictions, if any. (B) The defendant shall have the right to hear and controvert evidence described in subdivision (2)(A) of this section and to offer evidence in his or her support; (3) (A) The trial court shall then instruct the jury as to the number of prior felony convictions and the statutory sentencing range. (B) The jury may be advised as to the nature of a prior felony conviction and the date and place of a prior felony conviction; and (4) The jury shall retire again and then determine a sentence within the statutory range. Acts 1975, No. 280, § 1005; 1977, No. 474, § 7; 1981, No. 252, § 3; A.S.A. 1947, § 41-1005.

The following procedure governs a trial at which a sentence to an extended term of imprisonment is sought pursuant to § 5-4-501 :

(1) The jury shall first hear all evidence relevant to the felony with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge;

(2) (A) If the defendant is found guilty of the felony, out of the hearing of the jury the trial court shall hear evidence of the defendant's prior felony convictions or prior findings of the defendant's guilt of felonies and shall determine the number of prior felony convictions, if any. (B) The defendant shall have the right to hear and controvert evidence described in subdivision (2)(A) of this section and to offer evidence in his or her support;

(A) If the defendant is found guilty of the felony, out of the hearing of the jury the trial court shall hear evidence of the defendant's prior felony convictions or prior findings of the defendant's guilt of felonies and shall determine the number of prior felony convictions, if any.

(B) The defendant shall have the right to hear and controvert evidence described in subdivision (2)(A) of this section and to offer evidence in his or her support;

(3) (A) The trial court shall then instruct the jury as to the number of prior felony convictions and the statutory sentencing range. (B) The jury may be advised as to the nature of a prior felony conviction and the date and place of a prior felony conviction; and

(A) The trial court shall then instruct the jury as to the number of prior felony convictions and the statutory sentencing range.

(B) The jury may be advised as to the nature of a prior felony conviction and the date and place of a prior felony conviction; and

(4) The jury shall retire again and then determine a sentence within the statutory range.

Acts 1975, No. 280, § 1005; 1977, No. 474, § 7; 1981, No. 252, § 3; A.S.A. 1947, § 41-1005.
Ark. Code Ann. § 5-64-412 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-412
Violations by public officials or law enforcement officers - Enhanced penalties
Status: in_force

(a) As used in this section: (1) "Law enforcement officer" means any member of the Division of Arkansas State Police or the Arkansas Highway Police Division of the Arkansas Department of Transportation and any other certified law enforcement officer employed full time by the State of Arkansas or any political subdivision of the State of Arkansas or court personnel in Arkansas; and (2) "Public official" means any person holding or appointed to an elective office of state, county, or city government and any member of any board or commission of state, county, city, or local government including an improvement district or school district. (b) Any public official or law enforcement officer who commits a felony violation of this chapter shall have any term of imprisonment imposed for the violation enhanced by a term not to exceed ten (10) years and a fine of not less than ten thousand dollars ($10,000). Amended by Act 2017, No. 707,§ 3, eff. 8/1/2017. Acts 1989 (3rd Ex. Sess.), No. 80, §§ 1, 2; 2005, No. 1994, § 305[B].

(a) As used in this section: (1) "Law enforcement officer" means any member of the Division of Arkansas State Police or the Arkansas Highway Police Division of the Arkansas Department of Transportation and any other certified law enforcement officer employed full time by the State of Arkansas or any political subdivision of the State of Arkansas or court personnel in Arkansas; and (2) "Public official" means any person holding or appointed to an elective office of state, county, or city government and any member of any board or commission of state, county, city, or local government including an improvement district or school district.

(1) "Law enforcement officer" means any member of the Division of Arkansas State Police or the Arkansas Highway Police Division of the Arkansas Department of Transportation and any other certified law enforcement officer employed full time by the State of Arkansas or any political subdivision of the State of Arkansas or court personnel in Arkansas; and

(2) "Public official" means any person holding or appointed to an elective office of state, county, or city government and any member of any board or commission of state, county, city, or local government including an improvement district or school district.

(b) Any public official or law enforcement officer who commits a felony violation of this chapter shall have any term of imprisonment imposed for the violation enhanced by a term not to exceed ten (10) years and a fine of not less than ten thousand dollars ($10,000).

Amended by Act 2017, No. 707,§ 3, eff. 8/1/2017.

Acts 1989 (3rd Ex. Sess.), No. 80, §§ 1, 2; 2005, No. 1994, § 305[B].
Ark. Code Ann. § 5-60-121 — AR Code / Title 5 / Chapter 60 / Subchapter 1 / Section 5-60-121
Sale of hand-held laser pointer to minor
Status: in_force

(a) It is unlawful to sell a hand-held laser pointer to a person under eighteen (18) years of age. (b) Any person who violates this section is guilty of a violation punishable by a fine of one hundred dollars ($100). Acts 1999, No. 382, § 1.

(a) It is unlawful to sell a hand-held laser pointer to a person under eighteen (18) years of age.

(b) Any person who violates this section is guilty of a violation punishable by a fine of one hundred dollars ($100).

Acts 1999, No. 382, § 1.
Ark. Code Ann. § 5-41-104 — AR Code / Title 5 / Chapter 41 / Subchapter 1 / Section 5-41-104
Computer trespass
Status: in_force

(a) A person commits computer trespass if the person intentionally and without authorization accesses, alters, deletes, damages, destroys, or disrupts any computer, computer system, computer network, computer program, or data. (b) Computer trespass is a: (1) Class C misdemeanor if it is a first violation that does not cause any loss or damage; (2) Class B misdemeanor if it is a: (A) Second or subsequent violation that does not cause any loss or damage; or (B) Violation that causes loss or damage of less than five hundred dollars ($500); (3) Class A misdemeanor if it is a violation that causes loss or damage of five hundred dollars ($500) or more, but less than two thousand five hundred dollars ($2,500); and (4) Class D felony if it is a violation that causes loss or damage of two thousand five hundred dollars ($2,500) or more. Acts 1987, No. 908, § 4.

(a) A person commits computer trespass if the person intentionally and without authorization accesses, alters, deletes, damages, destroys, or disrupts any computer, computer system, computer network, computer program, or data.

(b) Computer trespass is a: (1) Class C misdemeanor if it is a first violation that does not cause any loss or damage; (2) Class B misdemeanor if it is a: (A) Second or subsequent violation that does not cause any loss or damage; or (B) Violation that causes loss or damage of less than five hundred dollars ($500); (3) Class A misdemeanor if it is a violation that causes loss or damage of five hundred dollars ($500) or more, but less than two thousand five hundred dollars ($2,500); and (4) Class D felony if it is a violation that causes loss or damage of two thousand five hundred dollars ($2,500) or more.

(1) Class C misdemeanor if it is a first violation that does not cause any loss or damage;

(2) Class B misdemeanor if it is a: (A) Second or subsequent violation that does not cause any loss or damage; or (B) Violation that causes loss or damage of less than five hundred dollars ($500);

(A) Second or subsequent violation that does not cause any loss or damage; or

(B) Violation that causes loss or damage of less than five hundred dollars ($500);

(3) Class A misdemeanor if it is a violation that causes loss or damage of five hundred dollars ($500) or more, but less than two thousand five hundred dollars ($2,500); and

(4) Class D felony if it is a violation that causes loss or damage of two thousand five hundred dollars ($2,500) or more.

Acts 1987, No. 908, § 4.
Ark. Code Ann. § 5-73-126 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-126
Booby traps
Status: in_force

(a) It is unlawful for any person to install or maintain a booby trap upon his or her own property or any other person's property. (b) As used in this section, "booby trap" means a device designed to cause death or serious physical injury to a person. (c) Any person who pleads guilty or nolo contendere or who is found guilty of violating this section is guilty of a Class D felony. Acts 1985, No. 243, §§ 1, 2; 1985, No. 399, §§ 1, 2; A.S.A. 1947, §§ 41-1660, 41-1661.

(a) It is unlawful for any person to install or maintain a booby trap upon his or her own property or any other person's property.

(b) As used in this section, "booby trap" means a device designed to cause death or serious physical injury to a person.

(c) Any person who pleads guilty or nolo contendere or who is found guilty of violating this section is guilty of a Class D felony.

Acts 1985, No. 243, §§ 1, 2; 1985, No. 399, §§ 1, 2; A.S.A. 1947, §§ 41-1660, 41-1661.
Ark. Code Ann. § 5-65-107 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-107
Persons arrested to be tried on charges - No charges reduced - Filing citations
Status: in_force

(a) A person arrested for violating § 5-65-103 shall be tried on the charge of violating § 5-65-103 or plead to the charge of violating § 5-65-103 , and the charge of violating § 5-65-103 shall not be reduced or dismissed. (b) Furthermore, when a law enforcement officer issues a citation for violating § 5-65-103 , the citation shall be filed with the court as soon as possible. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Acts 1983, No. 549, § 8; A.S.A. 1947, § 75-2508.

(a) A person arrested for violating § 5-65-103 shall be tried on the charge of violating § 5-65-103 or plead to the charge of violating § 5-65-103 , and the charge of violating § 5-65-103 shall not be reduced or dismissed.

(b) Furthermore, when a law enforcement officer issues a citation for violating § 5-65-103 , the citation shall be filed with the court as soon as possible.

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

Acts 1983, No. 549, § 8; A.S.A. 1947, § 75-2508.
Ark. Code Ann. § 5-13-212 — AR Code / Title 5 / Chapter 13 / Subchapter 2 / Section 5-13-212
Fertility treatment abuse
Status: in_force

(a) As used in this section: (1) "Healthcare provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession; (2) "Human reproductive material" means the same as defined in § 5-37-220 ; and (3) "Unauthorized" means that a person receiving human reproductive material in an assisted reproduction procedure has not expressly consented to the use of the human reproductive material. (b) A person commits fertility treatment abuse if the person is a healthcare provider who, in the course of performing an assisted reproduction procedure on a person, knowingly uses unauthorized human reproductive material. (c) Fertility treatment abuse is a Class B felony. Added by Act 2021, No. 609,§ 2, eff. 7/28/2021.

(a) As used in this section: (1) "Healthcare provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession; (2) "Human reproductive material" means the same as defined in § 5-37-220 ; and (3) "Unauthorized" means that a person receiving human reproductive material in an assisted reproduction procedure has not expressly consented to the use of the human reproductive material.

(1) "Healthcare provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession;

(2) "Human reproductive material" means the same as defined in § 5-37-220 ; and

(3) "Unauthorized" means that a person receiving human reproductive material in an assisted reproduction procedure has not expressly consented to the use of the human reproductive material.

(b) A person commits fertility treatment abuse if the person is a healthcare provider who, in the course of performing an assisted reproduction procedure on a person, knowingly uses unauthorized human reproductive material.

(c) Fertility treatment abuse is a Class B felony.

Added by Act 2021, No. 609,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 5-71-226 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-226
Disruption of campus activities
Status: in_force

(a) (1) It is unlawful for any group composed of two (2) or more persons to act jointly with one another or attempt any action in conjunction with one another at a public, private, or parochial school or college of this state, to: (A) Obstruct or bar any hallway or door of any campus building or facility; (B) Seize control of a campus building or facility; (C) Prevent the meeting of or cause the disruption of any class; or (D) Erect any type of barricade aimed at obstructing the orderly passage of a person or vehicle onto or off of a campus ground. (2) However, nothing stated in this section applies to an activity of any labor organization or teachers' organization. (b) Any person convicted of violating any provision of this section is guilty of a Class A misdemeanor. Acts 1969, No. 345, §§ 1, 2; A.S.A. 1947, §§ 41-2969, 41-2970; Acts 2005, No. 1994, § 352.

(a) (1) It is unlawful for any group composed of two (2) or more persons to act jointly with one another or attempt any action in conjunction with one another at a public, private, or parochial school or college of this state, to: (A) Obstruct or bar any hallway or door of any campus building or facility; (B) Seize control of a campus building or facility; (C) Prevent the meeting of or cause the disruption of any class; or (D) Erect any type of barricade aimed at obstructing the orderly passage of a person or vehicle onto or off of a campus ground. (2) However, nothing stated in this section applies to an activity of any labor organization or teachers' organization.

(1) It is unlawful for any group composed of two (2) or more persons to act jointly with one another or attempt any action in conjunction with one another at a public, private, or parochial school or college of this state, to: (A) Obstruct or bar any hallway or door of any campus building or facility; (B) Seize control of a campus building or facility; (C) Prevent the meeting of or cause the disruption of any class; or (D) Erect any type of barricade aimed at obstructing the orderly passage of a person or vehicle onto or off of a campus ground.

(A) Obstruct or bar any hallway or door of any campus building or facility;

(B) Seize control of a campus building or facility;

(C) Prevent the meeting of or cause the disruption of any class; or

(D) Erect any type of barricade aimed at obstructing the orderly passage of a person or vehicle onto or off of a campus ground.

(2) However, nothing stated in this section applies to an activity of any labor organization or teachers' organization.

(b) Any person convicted of violating any provision of this section is guilty of a Class A misdemeanor.

Acts 1969, No. 345, §§ 1, 2; A.S.A. 1947, §§ 41-2969, 41-2970; Acts 2005, No. 1994, § 352.
Ark. Code Ann. § 5-73-202 — AR Code / Title 5 / Chapter 73 / Subchapter 2 / Section 5-73-202
Definitions
Status: in_force

As used in this subchapter: (1) "Crime of violence" means any of the following crimes or an attempt to commit any of them: (A) Murder; (B) Manslaughter; (C) Kidnapping; (D) Rape; (E) Mayhem; (F) Assault to do great bodily harm; (G) Robbery; (H) Burglary; (I) Housebreaking; (J) Breaking and entering; and (K) Larceny; (2) "Machine gun" means a weapon of any description by whatever name known, loaded or unloaded, from which more than five (5) shots or bullets may be rapidly, or automatically, or semi-automatically, discharged from a magazine, by a single function of the firing device; and (3) "Person" includes a firm, partnership, association, or corporation. Acts 1935, No. 80, § 1; Pope's Dig., § 3514; A.S.A. 1947, § 41-3157.

As used in this subchapter:

(1) "Crime of violence" means any of the following crimes or an attempt to commit any of them: (A) Murder; (B) Manslaughter; (C) Kidnapping; (D) Rape; (E) Mayhem; (F) Assault to do great bodily harm; (G) Robbery; (H) Burglary; (I) Housebreaking; (J) Breaking and entering; and (K) Larceny;

(A) Murder;

(B) Manslaughter;

(C) Kidnapping;

(D) Rape;

(E) Mayhem;

(F) Assault to do great bodily harm;

(G) Robbery;

(H) Burglary;

(I) Housebreaking;

(J) Breaking and entering; and

(K) Larceny;

(2) "Machine gun" means a weapon of any description by whatever name known, loaded or unloaded, from which more than five (5) shots or bullets may be rapidly, or automatically, or semi-automatically, discharged from a magazine, by a single function of the firing device; and

(3) "Person" includes a firm, partnership, association, or corporation.

Acts 1935, No. 80, § 1; Pope's Dig., § 3514; A.S.A. 1947, § 41-3157.
Ark. Code Ann. § 5-73-312 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-312
Revocation
Status: in_force

(a) (1) A license to carry a concealed handgun issued under this subchapter shall be revoked if the licensee becomes ineligible under the criteria set forth in § 5-73-308(a) or § 5-73-309 . (2) (A) Any law enforcement officer making an arrest of a licensee for a violation of this subchapter or any other statutory violation that requires revocation of a license to carry a concealed handgun shall confiscate the license and forward it to the Director of the Division of Arkansas State Police. (B) The license shall be held until a determination of the charge is finalized, with the appropriate disposition of the license after the determination. (b) When the Division of Arkansas State Police receives notification from any law enforcement agency or court that a licensee has been found guilty or has pleaded guilty or nolo contendere to any crime involving the use of a weapon, the license issued under this subchapter is immediately revoked. (c) The director shall revoke the license of any licensee who has pleaded guilty or nolo contendere to or been found guilty of an alcohol-related offense committed while carrying a handgun. Amended by Act 2019, No. 910,§ 5747, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5746, eff. 7/1/2019. Acts 1995, No. 411, §§ 2, 4, 5; 1995, No. 419, §§ 2, 4, 5; 1997, No. 1239, § 11; 2003, No. 545, § 4; 2007, No. 827, § 101.

(a) (1) A license to carry a concealed handgun issued under this subchapter shall be revoked if the licensee becomes ineligible under the criteria set forth in § 5-73-308(a) or § 5-73-309 . (2) (A) Any law enforcement officer making an arrest of a licensee for a violation of this subchapter or any other statutory violation that requires revocation of a license to carry a concealed handgun shall confiscate the license and forward it to the Director of the Division of Arkansas State Police. (B) The license shall be held until a determination of the charge is finalized, with the appropriate disposition of the license after the determination.

(1) A license to carry a concealed handgun issued under this subchapter shall be revoked if the licensee becomes ineligible under the criteria set forth in § 5-73-308(a) or § 5-73-309 .

(2) (A) Any law enforcement officer making an arrest of a licensee for a violation of this subchapter or any other statutory violation that requires revocation of a license to carry a concealed handgun shall confiscate the license and forward it to the Director of the Division of Arkansas State Police. (B) The license shall be held until a determination of the charge is finalized, with the appropriate disposition of the license after the determination.

(A) Any law enforcement officer making an arrest of a licensee for a violation of this subchapter or any other statutory violation that requires revocation of a license to carry a concealed handgun shall confiscate the license and forward it to the Director of the Division of Arkansas State Police.

(B) The license shall be held until a determination of the charge is finalized, with the appropriate disposition of the license after the determination.

(b) When the Division of Arkansas State Police receives notification from any law enforcement agency or court that a licensee has been found guilty or has pleaded guilty or nolo contendere to any crime involving the use of a weapon, the license issued under this subchapter is immediately revoked.

(c) The director shall revoke the license of any licensee who has pleaded guilty or nolo contendere to or been found guilty of an alcohol-related offense committed while carrying a handgun.

Amended by Act 2019, No. 910,§ 5747, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5746, eff. 7/1/2019.

Acts 1995, No. 411, §§ 2, 4, 5; 1995, No. 419, §§ 2, 4, 5; 1997, No. 1239, § 11; 2003, No. 545, § 4; 2007, No. 827, § 101.
Ark. Code Ann. § 5-10-210 — AR Code / Title 5 / Chapter 10 / Subchapter 2 / Section 5-10-210
Accomplice liability
Status: in_force

An individual who is an accomplice under § 5-2-403 to the delivery or conveyance in aggravated death by delivery, § 5-10-202 , death by delivery in the first degree, § 5-10-203 , or death by delivery in the second degree, § 5-10-204 , is an accomplice for the purposes of this section. Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.

An individual who is an accomplice under § 5-2-403 to the delivery or conveyance in aggravated death by delivery, § 5-10-202 , death by delivery in the first degree, § 5-10-203 , or death by delivery in the second degree, § 5-10-204 , is an accomplice for the purposes of this section.

Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.
Ark. Code Ann. § 5-64-705 — AR Code / Title 5 / Chapter 64 / Subchapter 7 / Section 5-64-705
Authority to investigate and arrest in contiguous county
Status: in_force

Upon receiving permission from the proper county sheriff, any law enforcement officer acting within the official scope of his or her duty may investigate and arrest any person violating any provision of this chapter in any county contiguous to the county where he or she is employed. Acts 1985, No. 675, § 1; A.S.A. 1947, § 82-2625.2; Acts 2005, No. 1994, § 313.

Upon receiving permission from the proper county sheriff, any law enforcement officer acting within the official scope of his or her duty may investigate and arrest any person violating any provision of this chapter in any county contiguous to the county where he or she is employed.

Acts 1985, No. 675, § 1; A.S.A. 1947, § 82-2625.2; Acts 2005, No. 1994, § 313.
Ark. Code Ann. § 5-62-125 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-125
Unlawful dog attack
Status: in_force

(a) A person commits the offense of unlawful dog attack if: (1) The person owns a dog that the person knows or has reason to know has a propensity to attack, cause injury, or endanger the safety of other persons without provocation; (2) The person negligently allows the dog to attack another person; and (3) The attack causes the death of or serious physical injury to the person attacked. (b) The offense of unlawful dog attack is a Class A misdemeanor. (c) In addition to any penalty imposed under this section, the court or jury may require the defendant to pay restitution under § 5-4-205 for any medical bills of the person attacked for injuries caused by the attack. Acts 2007, No. 258, § 1.

(a) A person commits the offense of unlawful dog attack if: (1) The person owns a dog that the person knows or has reason to know has a propensity to attack, cause injury, or endanger the safety of other persons without provocation; (2) The person negligently allows the dog to attack another person; and (3) The attack causes the death of or serious physical injury to the person attacked.

(1) The person owns a dog that the person knows or has reason to know has a propensity to attack, cause injury, or endanger the safety of other persons without provocation;

(2) The person negligently allows the dog to attack another person; and

(3) The attack causes the death of or serious physical injury to the person attacked.

(b) The offense of unlawful dog attack is a Class A misdemeanor.

(c) In addition to any penalty imposed under this section, the court or jury may require the defendant to pay restitution under § 5-4-205 for any medical bills of the person attacked for injuries caused by the attack.

Acts 2007, No. 258, § 1.
Ark. Code Ann. § 5-4-913 — AR Code / Title 5 / Chapter 4 / Subchapter 9 / Section 5-4-913
Education screening
Status: in_force

A person eligible to enter a pre-adjudication program under this subchapter shall have his or her education level assessed by the court by completing a reading, literacy, and math assessment by the Adult Education Section. Amended by Act 2019, No. 910,§ 1034, eff. 7/1/2019. Added by Act 2015, No. 1198,§ 5, eff. 7/22/2015.

A person eligible to enter a pre-adjudication program under this subchapter shall have his or her education level assessed by the court by completing a reading, literacy, and math assessment by the Adult Education Section.

Amended by Act 2019, No. 910,§ 1034, eff. 7/1/2019.

Added by Act 2015, No. 1198,§ 5, eff. 7/22/2015.
Ark. Code Ann. § 5-2-317 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-317
Jurisdiction and venue
Status: in_force

(a) A circuit court has exclusive jurisdiction over a person acquitted by reason of mental disease or defect and committed to the custody of the Secretary of the Department of Human Services pursuant to § 5-2-314(b) . (b) Venue is determined as follows: (1) For a person committed to the custody of the Department of Human Services pursuant to § 5-2-314(b) and who has been committed to the Arkansas State Hospital for examination, then venue may be in Pulaski County for the initial hearing pursuant to § 5-2-314 and for a conditional release hearing pursuant to § 5-2-315 ; and (2) For a person who has been conditionally released pursuant to § 5-2-315 , then venue for any hearing seeking the modification, revocation, or dismissal of a conditional release order is in the county where the person currently resides. Amended by Act 2019, No. 910,§ 5126, eff. 7/1/2019. Acts 1995, No. 609, § 3; 2003, No. 1185, § 4; 2005, No. 1845, § 1.

(a) A circuit court has exclusive jurisdiction over a person acquitted by reason of mental disease or defect and committed to the custody of the Secretary of the Department of Human Services pursuant to § 5-2-314(b) .

(b) Venue is determined as follows: (1) For a person committed to the custody of the Department of Human Services pursuant to § 5-2-314(b) and who has been committed to the Arkansas State Hospital for examination, then venue may be in Pulaski County for the initial hearing pursuant to § 5-2-314 and for a conditional release hearing pursuant to § 5-2-315 ; and (2) For a person who has been conditionally released pursuant to § 5-2-315 , then venue for any hearing seeking the modification, revocation, or dismissal of a conditional release order is in the county where the person currently resides.

(1) For a person committed to the custody of the Department of Human Services pursuant to § 5-2-314(b) and who has been committed to the Arkansas State Hospital for examination, then venue may be in Pulaski County for the initial hearing pursuant to § 5-2-314 and for a conditional release hearing pursuant to § 5-2-315 ; and

(2) For a person who has been conditionally released pursuant to § 5-2-315 , then venue for any hearing seeking the modification, revocation, or dismissal of a conditional release order is in the county where the person currently resides.

Amended by Act 2019, No. 910,§ 5126, eff. 7/1/2019.

Acts 1995, No. 609, § 3; 2003, No. 1185, § 4; 2005, No. 1845, § 1.
Ark. Code Ann. § 5-37-211 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-211
Defrauding a judgment creditor
Status: in_force

(a) A person commits the offense of defrauding a judgment creditor if, with purpose to defraud and with knowledge that a civil proceeding has been or is about to be instituted, the person: (1) Moves property to prevent its being levied upon by an execution; or (2) Conceals, assigns, conveys, or otherwise disposes of property to prevent that property from being made liable for the payment of a judgment. (b) Defrauding a judgment creditor is a Class D felony. Acts 1975, No. 280, § 2314; A.S.A. 1947, § 41-2314.

(a) A person commits the offense of defrauding a judgment creditor if, with purpose to defraud and with knowledge that a civil proceeding has been or is about to be instituted, the person: (1) Moves property to prevent its being levied upon by an execution; or (2) Conceals, assigns, conveys, or otherwise disposes of property to prevent that property from being made liable for the payment of a judgment.

(1) Moves property to prevent its being levied upon by an execution; or

(2) Conceals, assigns, conveys, or otherwise disposes of property to prevent that property from being made liable for the payment of a judgment.

(b) Defrauding a judgment creditor is a Class D felony.

Acts 1975, No. 280, § 2314; A.S.A. 1947, § 41-2314.
Ark. Code Ann. § 5-66-106 — AR Code / Title 5 / Chapter 66 / Section 5-66-106
Gaming devices - Betting
Status: in_force

(a) It is unlawful for any person to bet any money or other valuable thing or any representative of any thing that is esteemed of value on any game prohibited by § 5-66-104 . (b) Upon conviction, a person who violates this section is guilty of a violation and shall be fined in any sum not exceeding one hundred dollars ($100) nor less than fifty dollars ($50.00). Rev. Stat., ch. 44, div. 6, art. 3, § 3; C. & M. Dig., § 2634; Pope's Dig., § 3324; A.S.A. 1947, § 41-3255; Acts 2007, No. 827, § 84.

(a) It is unlawful for any person to bet any money or other valuable thing or any representative of any thing that is esteemed of value on any game prohibited by § 5-66-104 .

(b) Upon conviction, a person who violates this section is guilty of a violation and shall be fined in any sum not exceeding one hundred dollars ($100) nor less than fifty dollars ($50.00).

Rev. Stat., ch. 44, div. 6, art. 3, § 3; C. & M. Dig., § 2634; Pope's Dig., § 3324; A.S.A. 1947, § 41-3255; Acts 2007, No. 827, § 84.
Ark. Code Ann. § 5-4-901 — AR Code / Title 5 / Chapter 4 / Subchapter 9 / Section 5-4-901
Legislative intent
Status: in_force

The intent of this act is to provide the judiciary with an additional alternative to the disposition of criminal offenders that would assist the offender in atoning for his or her criminal transgression and promote the enforcement of the state's criminal statutes while easing the inmate burden on the county jails and the Division of Correction. Amended by Act 2019, No. 910,§ 665, eff. 7/1/2019. Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.

The intent of this act is to provide the judiciary with an additional alternative to the disposition of criminal offenders that would assist the offender in atoning for his or her criminal transgression and promote the enforcement of the state's criminal statutes while easing the inmate burden on the county jails and the Division of Correction.

Amended by Act 2019, No. 910,§ 665, eff. 7/1/2019.

Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-27-606 — AR Code / Title 5 / Chapter 27 / Subchapter 6 / Section 5-27-606
Jurisdiction
Status: in_force

For the purpose of determining jurisdiction, a person is subject to prosecution in this state for any conduct proscribed by this subchapter if the transmission that constitutes the offense either originates in this state or is received in this state. Acts 2001, No. 1496, § 1.

For the purpose of determining jurisdiction, a person is subject to prosecution in this state for any conduct proscribed by this subchapter if the transmission that constitutes the offense either originates in this state or is received in this state.

Acts 2001, No. 1496, § 1.
Ark. Code Ann. § 5-54-132 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-132
Projecting a laser light on a law enforcement officer
Status: in_force

(a) It is unlawful for any person to knowingly cause a laser light beam, colored light beam, or other targeting, pointing, or spotting light beam, to be projected, displayed, or shined on a law enforcement officer while in the performance of the law enforcement officer's duties. (b) Any person violating a provision of this section is guilty of a Class A misdemeanor. Acts 1999, No. 1271, § 1.

(a) It is unlawful for any person to knowingly cause a laser light beam, colored light beam, or other targeting, pointing, or spotting light beam, to be projected, displayed, or shined on a law enforcement officer while in the performance of the law enforcement officer's duties.

(b) Any person violating a provision of this section is guilty of a Class A misdemeanor.

Acts 1999, No. 1271, § 1.
Ark. Code Ann. § 5-64-703 — AR Code / Title 5 / Chapter 64 / Subchapter 7 / Section 5-64-703
Authority to make inspections
Status: in_force

In carrying out the functions under this chapter, the Secretary of the Department of Health or his or her duly authorized agent may enter a controlled premises and conduct an administrative inspection of the controlled premises. Amended by Act 2019, No. 910,§ 4851, eff. 7/1/2019. Acts 1979, No. 898, § 18; A.S.A. 1947, § 82-2632.2; Acts 2005, No. 1994, § 312.

In carrying out the functions under this chapter, the Secretary of the Department of Health or his or her duly authorized agent may enter a controlled premises and conduct an administrative inspection of the controlled premises.

Amended by Act 2019, No. 910,§ 4851, eff. 7/1/2019.

Acts 1979, No. 898, § 18; A.S.A. 1947, § 82-2632.2; Acts 2005, No. 1994, § 312.
Ark. Code Ann. § 5-64-213 — AR Code / Title 5 / Chapter 64 / Subchapter 2 / Section 5-64-213
Schedule VI established
Status: in_force

(a) There is established a Schedule VI for the classification of those substances that are determined to be inappropriately classified by placing them in Schedules I through V. (b) Schedule VI includes a controlled substance listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated. Acts 1971, No. 590, Art. 2, § 13, as added by Acts 1973, No. 186, § 1; A.S.A. 1947, § 82-2614.

(a) There is established a Schedule VI for the classification of those substances that are determined to be inappropriately classified by placing them in Schedules I through V.

(b) Schedule VI includes a controlled substance listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated.

Acts 1971, No. 590, Art. 2, § 13, as added by Acts 1973, No. 186, § 1; A.S.A. 1947, § 82-2614.
Ark. Code Ann. § 5-26-314 — AR Code / Title 5 / Chapter 26 / Subchapter 3 / Section 5-26-314
Unlawful distribution of sexual images or recordings
Status: in_force

(a) A person commits the offense of unlawful distribution of sexual images or recordings if, being eighteen (18) years of age or older, with the purpose to harass, frighten, intimidate, threaten, or abuse another person, the actor distributes an image, picture, video, or voice or audio recording of the other person to a third person by any means if the image, picture, video, or voice or audio recording: (1) Is of a sexual nature or depicts the other person in a state of nudity; and (2) The other person is a family or household member of the actor or another person with whom the actor is in a current or former dating relationship. (b) The fact that an image, picture, video, or voice or audio recording was created with the knowledge or consent of the other person or that the image, picture, video, or voice or audio recording is the property of a person charged under this section is not a defense to prosecution under this section. (c) Unlawful distribution of sexual images or recordings is a Class A misdemeanor. (d) (1) Upon the pretrial release of a person charged under this section, the court shall enter an order consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the person charged under this section of the penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (2) An order under subdivision (d)(1) of this section remains in effect during the pendency of any appeal of a conviction under this section. Added by Act 2015, No. 304,§ 2, eff. 7/22/2015.

(a) A person commits the offense of unlawful distribution of sexual images or recordings if, being eighteen (18) years of age or older, with the purpose to harass, frighten, intimidate, threaten, or abuse another person, the actor distributes an image, picture, video, or voice or audio recording of the other person to a third person by any means if the image, picture, video, or voice or audio recording: (1) Is of a sexual nature or depicts the other person in a state of nudity; and (2) The other person is a family or household member of the actor or another person with whom the actor is in a current or former dating relationship.

(1) Is of a sexual nature or depicts the other person in a state of nudity; and

(2) The other person is a family or household member of the actor or another person with whom the actor is in a current or former dating relationship.

(b) The fact that an image, picture, video, or voice or audio recording was created with the knowledge or consent of the other person or that the image, picture, video, or voice or audio recording is the property of a person charged under this section is not a defense to prosecution under this section.

(c) Unlawful distribution of sexual images or recordings is a Class A misdemeanor.

(d) (1) Upon the pretrial release of a person charged under this section, the court shall enter an order consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the person charged under this section of the penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (2) An order under subdivision (d)(1) of this section remains in effect during the pendency of any appeal of a conviction under this section.

(1) Upon the pretrial release of a person charged under this section, the court shall enter an order consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the person charged under this section of the penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.

(2) An order under subdivision (d)(1) of this section remains in effect during the pendency of any appeal of a conviction under this section.

Added by Act 2015, No. 304,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 5-65-306 — AR Code / Title 5 / Chapter 65 / Subchapter 3 / Section 5-65-306
Public service work
Status: in_force

(a) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-303 or § 5-65-310 shall be ordered by the court to perform public service work at the discretion of the court. (b) The period of public service work shall be for not less than: (1) Thirty (30) days for a second offense of violating § 5-65-303 ; and (2) Sixty (60) days for a third or subsequent offense of violating § 5-65-303 . Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015. Acts 1993, No. 863, § 6; 1999, No. 1077, § 18.

(a) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-303 or § 5-65-310 shall be ordered by the court to perform public service work at the discretion of the court.

(b) The period of public service work shall be for not less than: (1) Thirty (30) days for a second offense of violating § 5-65-303 ; and (2) Sixty (60) days for a third or subsequent offense of violating § 5-65-303 .

(1) Thirty (30) days for a second offense of violating § 5-65-303 ; and

(2) Sixty (60) days for a third or subsequent offense of violating § 5-65-303 .

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

Acts 1993, No. 863, § 6; 1999, No. 1077, § 18.
Ark. Code Ann. § 5-73-111 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-111
Unlawful procurement of a firearm
Status: in_force

(a) As used in this section: (1) "Ammunition" means any cartridge, shell, or projectile designed for use in a firearm; (2) "False information" means information that portrays an unlawful transaction as lawful or a lawful transaction as unlawful; (3) "Licensed dealer" means a person who is licensed under 18 U.S.C. § 923 , as it existed on January 1, 2013, to engage in the business of dealing in firearms; and (4) "Private seller" means a person other than a licensed dealer who sells or offers for sale a firearm or ammunition. (b) A person commits the offense of unlawful procurement of a firearm or ammunition if he or she knowingly: (1) Solicits, persuades, encourages, or entices a licensed dealer or private seller to transfer a firearm or ammunition under unlawful circumstances; or (2) Provides false information to a licensed dealer or private seller with a purpose to deceive the licensed dealer or private seller concerning the lawfulness of a transfer of a firearm or ammunition. (c) It is a defense to prosecution under this section if the person is: (1) A law enforcement officer acting in his or her official capacity; or (2) Acting at the direction of a law enforcement officer. (d) Unlawful procurement of a firearm or ammunition is a Class D felony. Added by Act 2013, No. 507,§ 1, eff. 8/16/2013.

(a) As used in this section: (1) "Ammunition" means any cartridge, shell, or projectile designed for use in a firearm; (2) "False information" means information that portrays an unlawful transaction as lawful or a lawful transaction as unlawful; (3) "Licensed dealer" means a person who is licensed under 18 U.S.C. § 923 , as it existed on January 1, 2013, to engage in the business of dealing in firearms; and (4) "Private seller" means a person other than a licensed dealer who sells or offers for sale a firearm or ammunition.

(1) "Ammunition" means any cartridge, shell, or projectile designed for use in a firearm;

(2) "False information" means information that portrays an unlawful transaction as lawful or a lawful transaction as unlawful;

(3) "Licensed dealer" means a person who is licensed under 18 U.S.C. § 923 , as it existed on January 1, 2013, to engage in the business of dealing in firearms; and

(4) "Private seller" means a person other than a licensed dealer who sells or offers for sale a firearm or ammunition.

(b) A person commits the offense of unlawful procurement of a firearm or ammunition if he or she knowingly: (1) Solicits, persuades, encourages, or entices a licensed dealer or private seller to transfer a firearm or ammunition under unlawful circumstances; or (2) Provides false information to a licensed dealer or private seller with a purpose to deceive the licensed dealer or private seller concerning the lawfulness of a transfer of a firearm or ammunition.

(1) Solicits, persuades, encourages, or entices a licensed dealer or private seller to transfer a firearm or ammunition under unlawful circumstances; or

(2) Provides false information to a licensed dealer or private seller with a purpose to deceive the licensed dealer or private seller concerning the lawfulness of a transfer of a firearm or ammunition.

(c) It is a defense to prosecution under this section if the person is: (1) A law enforcement officer acting in his or her official capacity; or (2) Acting at the direction of a law enforcement officer.

(1) A law enforcement officer acting in his or her official capacity; or

(2) Acting at the direction of a law enforcement officer.

(d) Unlawful procurement of a firearm or ammunition is a Class D felony.

Added by Act 2013, No. 507,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-37-210 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-210
Obtaining a signature by deception
Status: in_force

(a) A person commits the offense of obtaining a signature by deception if, with purpose to defraud, he or she obtains by deception the signing or execution of a written instrument affecting the pecuniary interest of any person. (b) Obtaining a signature by deception is a Class D felony. Acts 1975, No. 280, § 2313; A.S.A. 1947, § 41-2313.

(a) A person commits the offense of obtaining a signature by deception if, with purpose to defraud, he or she obtains by deception the signing or execution of a written instrument affecting the pecuniary interest of any person.

(b) Obtaining a signature by deception is a Class D felony.

Acts 1975, No. 280, § 2313; A.S.A. 1947, § 41-2313.
Ark. Code Ann. § 5-17-101 — AR Code / Title 5 / Chapter 17 / Section 5-17-101
Communicating a death threat concerning a school employee or student
Status: in_force

(a) A person commits the offense of communicating a death threat concerning a school employee or student if: (1) The person communicates to any other person a threat to cause the death of a school employee or student; (2) The threat involves the use of a firearm or other deadly weapon; (3) A reasonable person would believe the person making the threat intends to carry out the threat; (4) The person making the threat purposely engaged in conduct that constitutes a substantial step in a course of conduct intended to culminate in the commission of the threatened act; and (5) There is a close temporal relationship between the threatened act and the substantial step. (b) Conduct is not a substantial step under this section unless the conduct is strongly corroborative of the person's criminal purpose. (c) Communicating a death threat concerning a school employee or student is a Class D felony. (d) As used in this section, "school" means any: (1) Elementary school, junior high school, or high school; (2) Technical institute or post-secondary vocational-technical school; or (3) Two-year or four-year college or university. Acts 2001, No. 1046, §§ 1, 2.

(a) A person commits the offense of communicating a death threat concerning a school employee or student if: (1) The person communicates to any other person a threat to cause the death of a school employee or student; (2) The threat involves the use of a firearm or other deadly weapon; (3) A reasonable person would believe the person making the threat intends to carry out the threat; (4) The person making the threat purposely engaged in conduct that constitutes a substantial step in a course of conduct intended to culminate in the commission of the threatened act; and (5) There is a close temporal relationship between the threatened act and the substantial step.

(1) The person communicates to any other person a threat to cause the death of a school employee or student;

(2) The threat involves the use of a firearm or other deadly weapon;

(3) A reasonable person would believe the person making the threat intends to carry out the threat;

(4) The person making the threat purposely engaged in conduct that constitutes a substantial step in a course of conduct intended to culminate in the commission of the threatened act; and

(5) There is a close temporal relationship between the threatened act and the substantial step.

(b) Conduct is not a substantial step under this section unless the conduct is strongly corroborative of the person's criminal purpose.

(c) Communicating a death threat concerning a school employee or student is a Class D felony.

(d) As used in this section, "school" means any: (1) Elementary school, junior high school, or high school; (2) Technical institute or post-secondary vocational-technical school; or (3) Two-year or four-year college or university.

(1) Elementary school, junior high school, or high school;

(2) Technical institute or post-secondary vocational-technical school; or

(3) Two-year or four-year college or university.

Acts 2001, No. 1046, §§ 1, 2.
Ark. Code Ann. § 5-37-202 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-202
Falsifying a business record
Status: in_force

(a) A person commits the offense of falsifying a business record if, with purpose to defraud or injure, the person: (1) Makes or causes a false entry to be made in a business record of an enterprise; (2) Alters, erases, obliterates, deletes, removes, or destroys a true entry in a business record of an enterprise; (3) Omits to make a true entry in a business record of an enterprise in violation of a duty to do so that the person knows to be imposed upon him or her by law or by the nature of his or her position; or (4) Prevents the making of a true entry or causes the omission of a true entry in a business record of an enterprise. (b) Falsifying a business record is a Class A misdemeanor. Acts 1975, No. 280, § 2303; A.S.A. 1947, § 41-2303.

(a) A person commits the offense of falsifying a business record if, with purpose to defraud or injure, the person: (1) Makes or causes a false entry to be made in a business record of an enterprise; (2) Alters, erases, obliterates, deletes, removes, or destroys a true entry in a business record of an enterprise; (3) Omits to make a true entry in a business record of an enterprise in violation of a duty to do so that the person knows to be imposed upon him or her by law or by the nature of his or her position; or (4) Prevents the making of a true entry or causes the omission of a true entry in a business record of an enterprise.

(1) Makes or causes a false entry to be made in a business record of an enterprise;

(2) Alters, erases, obliterates, deletes, removes, or destroys a true entry in a business record of an enterprise;

(3) Omits to make a true entry in a business record of an enterprise in violation of a duty to do so that the person knows to be imposed upon him or her by law or by the nature of his or her position; or

(4) Prevents the making of a true entry or causes the omission of a true entry in a business record of an enterprise.

(b) Falsifying a business record is a Class A misdemeanor.

Acts 1975, No. 280, § 2303; A.S.A. 1947, § 41-2303.
Ark. Code Ann. § 5-67-101 — AR Code / Title 5 / Chapter 67 / Section 5-67-101
Advertising signs generally
Status: in_force

(a) It is unlawful for any person, firm, or corporation to place any advertising sign on the highway right-of-way in this state, except for a sign placed under direction of the State Highway Commission. (b) Any person violating a provision of this section or § 5-39-213 is guilty of a violation and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100). Acts 1941, No. 359, §§ 2, 3; A.S.A. 1947, §§ 41-3355, 41-3356; Acts 2005, No. 1994, § 54.

(a) It is unlawful for any person, firm, or corporation to place any advertising sign on the highway right-of-way in this state, except for a sign placed under direction of the State Highway Commission.

(b) Any person violating a provision of this section or § 5-39-213 is guilty of a violation and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100).

Acts 1941, No. 359, §§ 2, 3; A.S.A. 1947, §§ 41-3355, 41-3356; Acts 2005, No. 1994, § 54.
Ark. Code Ann. § 5-41-107 — AR Code / Title 5 / Chapter 41 / Subchapter 1 / Section 5-41-107
Assistance of Attorney General
Status: in_force

If requested to do so by a prosecuting attorney, the Attorney General may assist the prosecuting attorney in the investigation or prosecution of an offense under this subchapter or any other offense involving the use of a computer. Acts 1987, No. 908, § 7.

If requested to do so by a prosecuting attorney, the Attorney General may assist the prosecuting attorney in the investigation or prosecution of an offense under this subchapter or any other offense involving the use of a computer.

Acts 1987, No. 908, § 7.
Ark. Code Ann. § 5-26-312 — AR Code / Title 5 / Chapter 26 / Subchapter 3 / Section 5-26-312
Determination of pregnancy
Status: in_force

For purposes of §§ 5-26-303(b)(2) , 5-26-304(b)(2) , and 5-26-305(b)(2) , a woman is considered pregnant four (4) weeks after conception. Acts 2003, No. 944, § 4.

For purposes of §§ 5-26-303(b)(2) , 5-26-304(b)(2) , and 5-26-305(b)(2) , a woman is considered pregnant four (4) weeks after conception.

Acts 2003, No. 944, § 4.
Ark. Code Ann. § 5-3-201 — AR Code / Title 5 / Chapter 3 / Subchapter 2 / Section 5-3-201
Conduct constituting attempt
Status: in_force

(a) A person attempts to commit an offense if he or she purposely engages in conduct that: (1) Would constitute an offense if the attendant circumstances were as the person believes them to be; or (2) Constitutes a substantial step in a course of conduct intended to culminate in the commission of an offense whether or not the attendant circumstances are as the person believes them to be. (b) When causing a particular result is an element of the offense, a person commits the offense of criminal attempt if, acting with the kind of culpable mental state otherwise required for the commission of the offense, the person purposely engages in conduct that constitutes a substantial step in a course of conduct intended or known to cause the particular result. (c) Conduct is not a substantial step under this section unless the conduct is strongly corroborative of the person's criminal purpose. Acts 1975, No. 280, § 701; A.S.A. 1947, § 41-701.

(a) A person attempts to commit an offense if he or she purposely engages in conduct that: (1) Would constitute an offense if the attendant circumstances were as the person believes them to be; or (2) Constitutes a substantial step in a course of conduct intended to culminate in the commission of an offense whether or not the attendant circumstances are as the person believes them to be.

(1) Would constitute an offense if the attendant circumstances were as the person believes them to be; or

(2) Constitutes a substantial step in a course of conduct intended to culminate in the commission of an offense whether or not the attendant circumstances are as the person believes them to be.

(b) When causing a particular result is an element of the offense, a person commits the offense of criminal attempt if, acting with the kind of culpable mental state otherwise required for the commission of the offense, the person purposely engages in conduct that constitutes a substantial step in a course of conduct intended or known to cause the particular result.

(c) Conduct is not a substantial step under this section unless the conduct is strongly corroborative of the person's criminal purpose.

Acts 1975, No. 280, § 701; A.S.A. 1947, § 41-701.
Ark. Code Ann. § 5-62-116 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-116
Diseased animals - Sale
Status: in_force

(a) Upon conviction, a person who knowingly sells or offers for sale, or uses, or exposes, or causes or procures to be sold or offered for sale, or used, or to be exposed, any equine or other animal having the disease known as "glanders" or "farcy" or any other contagious or infectious disease known to the person to be dangerous to human life, or that is diseased past recovery, is guilty of a Class A misdemeanor. (b) (1) Upon discovery or knowledge of the animal's condition, any animal having glanders or farcy shall be humanely killed by the owner or person having charge of the animal, or arrangements shall be made to have the animal euthanized. (2) Upon conviction, an owner or person having charge of the animal and knowingly omitting or refusing to comply with this section is guilty of a Class A misdemeanor. Amended by Act 2017, No. 389,§ 7, eff. 8/1/2017. Acts 1879, No. 47, §§ 7, 8, 11, p. 54; C. & M. Dig., §§ 2616, 2617, 2620; Pope's Dig., §§ 3303, 3304, 3307; A.S.A. 1947, §§ 41-2958, 41-3757, 41-3758; Acts 2009, No. 33, § 4.

(a) Upon conviction, a person who knowingly sells or offers for sale, or uses, or exposes, or causes or procures to be sold or offered for sale, or used, or to be exposed, any equine or other animal having the disease known as "glanders" or "farcy" or any other contagious or infectious disease known to the person to be dangerous to human life, or that is diseased past recovery, is guilty of a Class A misdemeanor.

(b) (1) Upon discovery or knowledge of the animal's condition, any animal having glanders or farcy shall be humanely killed by the owner or person having charge of the animal, or arrangements shall be made to have the animal euthanized. (2) Upon conviction, an owner or person having charge of the animal and knowingly omitting or refusing to comply with this section is guilty of a Class A misdemeanor.

(1) Upon discovery or knowledge of the animal's condition, any animal having glanders or farcy shall be humanely killed by the owner or person having charge of the animal, or arrangements shall be made to have the animal euthanized.

(2) Upon conviction, an owner or person having charge of the animal and knowingly omitting or refusing to comply with this section is guilty of a Class A misdemeanor.

Amended by Act 2017, No. 389,§ 7, eff. 8/1/2017.

Acts 1879, No. 47, §§ 7, 8, 11, p. 54; C. & M. Dig., §§ 2616, 2617, 2620; Pope's Dig., §§ 3303, 3304, 3307; A.S.A. 1947, §§ 41-2958, 41-3757, 41-3758; Acts 2009, No. 33, § 4.
Ark. Code Ann. § 5-70-105 — AR Code / Title 5 / Chapter 70 / Section 5-70-105
Promoting prostitution in the second degree
Status: in_force

(a) A person commits the offense of promoting prostitution in the second degree if he or she knowingly advances prostitution or profits from prostitution by managing, supervising, controlling, or owning, either alone or in association with another, a house of prostitution or a prostitution enterprise involving two (2) or more prostitutes. (b) Promoting prostitution in the second degree is a Class A misdemeanor. (c) (1) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of two thousand five hundred dollars ($2,500). (2) Fine payments received under subdivision (c)(1) of this section shall be deposited as follows: (A) Fifty percent (50%) into the Safe Harbor Fund for Sexually Exploited Children; and (B) Fifty percent (50%) into the Human Trafficking Victim Support Fund. Amended by Act 2023, No. 327,§ 10, eff. 8/1/2023. Acts 1975, No. 280, § 3005; A.S.A. 1947, § 41-3005.

(a) A person commits the offense of promoting prostitution in the second degree if he or she knowingly advances prostitution or profits from prostitution by managing, supervising, controlling, or owning, either alone or in association with another, a house of prostitution or a prostitution enterprise involving two (2) or more prostitutes.

(b) Promoting prostitution in the second degree is a Class A misdemeanor.

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

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

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

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

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

Amended by Act 2023, No. 327,§ 10, eff. 8/1/2023.

Acts 1975, No. 280, § 3005; A.S.A. 1947, § 41-3005.