Ark. Code Ann. § 5-4-701 — AR Code / Title 5 / Chapter 4 / Subchapter 7 / Section 5-4-701
Definitions
Status: in_force

As used in this subchapter: (1) "Child" means a person under eighteen (18) years of age; (2) "Conductor" means a conductor, switchman, brakeman, trainman, or fireman licensed and certified by the Federal Railroad Administration; (3) "Engineer" means an engineer licensed and certified by the Federal Railroad Administration; (4) "Family member of a current or former law enforcement officer or first responder" means the husband, wife, son, daughter, brother, sister, or parent of a current or former law enforcement officer or first responder; (5) "First responder" means a firefighter or a person employed as an emergency medical provider; (6) "In the presence of a child" means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act; (7) "Law enforcement officer" includes without limitation a: (A) Prosecuting attorney or a deputy prosecuting attorney; (B) Code enforcement officer; and (C) Corrections officer; (8) "Public transit employee" means a bus, rail, or trolley operator tasked with the transport of persons; (9) "Railroad or public transit employee" means a conductor, engineer, public transit employee, or railroad management; and (10) "Railroad management" means a rail employee overseeing and assisting in the operation of rail transit. Amended by Act 2017, No. 955,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 714,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 332,§ 2, eff. 3/3/2017. Acts 2001, No. 1707, § 1; 2005, No. 1994, § 290; 2009, No. 33, § 1; 2011, No. 1120, § 5.

As used in this subchapter:

(1) "Child" means a person under eighteen (18) years of age;

(2) "Conductor" means a conductor, switchman, brakeman, trainman, or fireman licensed and certified by the Federal Railroad Administration;

(3) "Engineer" means an engineer licensed and certified by the Federal Railroad Administration;

(4) "Family member of a current or former law enforcement officer or first responder" means the husband, wife, son, daughter, brother, sister, or parent of a current or former law enforcement officer or first responder;

(5) "First responder" means a firefighter or a person employed as an emergency medical provider;

(6) "In the presence of a child" means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act;

(7) "Law enforcement officer" includes without limitation a: (A) Prosecuting attorney or a deputy prosecuting attorney; (B) Code enforcement officer; and (C) Corrections officer;

(A) Prosecuting attorney or a deputy prosecuting attorney;

(B) Code enforcement officer; and

(C) Corrections officer;

(8) "Public transit employee" means a bus, rail, or trolley operator tasked with the transport of persons;

(9) "Railroad or public transit employee" means a conductor, engineer, public transit employee, or railroad management; and

(10) "Railroad management" means a rail employee overseeing and assisting in the operation of rail transit.

Amended by Act 2017, No. 955,§ 1, eff. 8/1/2017.

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

Amended by Act 2017, No. 332,§ 2, eff. 3/3/2017.

Acts 2001, No. 1707, § 1; 2005, No. 1994, § 290; 2009, No. 33, § 1; 2011, No. 1120, § 5.
Ark. Code Ann. § 5-4-401 — AR Code / Title 5 / Chapter 4 / Subchapter 4 / Section 5-4-401
Sentence
Status: in_force

(a) A defendant convicted of a felony shall receive a determinate sentence according to the following limitations: (1) For a Class Y felony, the sentence shall be not less than ten (10) years and not more than forty (40) years, or life; (2) For a Class A felony, the sentence shall be not less than six (6) years nor more than thirty (30) years; (3) For a Class B felony, the sentence shall be not less than five (5) years nor more than twenty (20) years; (4) For a Class C felony, the sentence shall be not less than three (3) years nor more than ten (10) years; (5) For a Class D felony, the sentence shall not exceed six (6) years; and (6) For an unclassified felony, the sentence shall be in accordance with a limitation of the statute defining the felony. (b) A defendant convicted of a misdemeanor may be sentenced according to the following limitations: (1) For a Class A misdemeanor, the sentence shall not exceed one (1) year; (2) For a Class B misdemeanor, the sentence shall not exceed ninety (90) days; (3) For a Class C misdemeanor, the sentence shall not exceed thirty (30) days; and (4) For an unclassified misdemeanor, the sentence shall be in accordance with a limitation of the statute defining the misdemeanor. Acts 1975, No. 280, § 901; 1977, No. 474, § 3; 1981, No. 620, § 8; 1983, No. 409, § 2; A.S.A. 1947, § 41-901.

(a) A defendant convicted of a felony shall receive a determinate sentence according to the following limitations: (1) For a Class Y felony, the sentence shall be not less than ten (10) years and not more than forty (40) years, or life; (2) For a Class A felony, the sentence shall be not less than six (6) years nor more than thirty (30) years; (3) For a Class B felony, the sentence shall be not less than five (5) years nor more than twenty (20) years; (4) For a Class C felony, the sentence shall be not less than three (3) years nor more than ten (10) years; (5) For a Class D felony, the sentence shall not exceed six (6) years; and (6) For an unclassified felony, the sentence shall be in accordance with a limitation of the statute defining the felony.

(1) For a Class Y felony, the sentence shall be not less than ten (10) years and not more than forty (40) years, or life;

(2) For a Class A felony, the sentence shall be not less than six (6) years nor more than thirty (30) years;

(3) For a Class B felony, the sentence shall be not less than five (5) years nor more than twenty (20) years;

(4) For a Class C felony, the sentence shall be not less than three (3) years nor more than ten (10) years;

(5) For a Class D felony, the sentence shall not exceed six (6) years; and

(6) For an unclassified felony, the sentence shall be in accordance with a limitation of the statute defining the felony.

(b) A defendant convicted of a misdemeanor may be sentenced according to the following limitations: (1) For a Class A misdemeanor, the sentence shall not exceed one (1) year; (2) For a Class B misdemeanor, the sentence shall not exceed ninety (90) days; (3) For a Class C misdemeanor, the sentence shall not exceed thirty (30) days; and (4) For an unclassified misdemeanor, the sentence shall be in accordance with a limitation of the statute defining the misdemeanor.

(1) For a Class A misdemeanor, the sentence shall not exceed one (1) year;

(2) For a Class B misdemeanor, the sentence shall not exceed ninety (90) days;

(3) For a Class C misdemeanor, the sentence shall not exceed thirty (30) days; and

(4) For an unclassified misdemeanor, the sentence shall be in accordance with a limitation of the statute defining the misdemeanor.

Acts 1975, No. 280, § 901; 1977, No. 474, § 3; 1981, No. 620, § 8; 1983, No. 409, § 2; A.S.A. 1947, § 41-901.
Ark. Code Ann. § 5-55-601 — AR Code / Title 5 / Chapter 55 / Subchapter 6 / Section 5-55-601
Petition fraud
Status: in_force

(a) As used in this section, "petition" means a petition under § 3-8-201 et seq., § 3-8-801 et seq., or § 7-9-101 et seq. (b) A person commits the offense of petition fraud: (1) If the person knowingly: (A) Signs a name other than his or her name to a petition; (B) Signs his or her name more than one (1) time to a petition; or (C) Signs a petition when he or she is not legally entitled to sign the petition; (2) If the person acting as a canvasser, notary, sponsor as defined under § 7-9-101 , or agent of a sponsor: (A) Signs a name other than his or her own to a petition; (B) Prints a name, address, or birth date other than his or her own to a petition unless the signor requires assistance due to disability and the person complies with § 7-9-103 ; (C) Solicits or obtains a signature to a petition knowing that the person signing is not qualified to sign the petition; (D) Knowingly pays a person any form of compensation in exchange for signing a petition as a petitioner; (E) Accepts or pays money or anything of value for obtaining signatures on a petition when the person acting as a canvasser, sponsor, or agent of a sponsor knows that the person acting as a canvasser's name or address is not included on the sponsor's list filed with the Secretary of State under § 7-9-601 ; or (F) Knowingly misrepresents the purpose and effect of the petition or the measure affected for the purpose of causing a person to sign a petition; (3) If the person acting as a canvasser knowingly makes a false statement on a petition verification form; (4) If the person acting as a notary knowingly fails to witness a canvasser's affidavit by witnessing the signing of the instrument in person and either personally knowing the signor or by being presented with proof of the identity of the signer; or (5) If the person acting as a sponsor files a petition or a part of a petition with the official charged with verifying the signatures knowing that the petition or part of the petition contains one (1) or more false or fraudulent signatures unless each false or fraudulent signature is clearly stricken by the sponsor before filing. (c) Petition fraud is a Class D felony. Amended by Act 2019, No. 376,§ 1, eff. 3/8/2019. Added by Act 2013, No. 1432,§ 9, eff. 8/16/2013.

(a) As used in this section, "petition" means a petition under § 3-8-201 et seq., § 3-8-801 et seq., or § 7-9-101 et seq.

(b) A person commits the offense of petition fraud: (1) If the person knowingly: (A) Signs a name other than his or her name to a petition; (B) Signs his or her name more than one (1) time to a petition; or (C) Signs a petition when he or she is not legally entitled to sign the petition; (2) If the person acting as a canvasser, notary, sponsor as defined under § 7-9-101 , or agent of a sponsor: (A) Signs a name other than his or her own to a petition; (B) Prints a name, address, or birth date other than his or her own to a petition unless the signor requires assistance due to disability and the person complies with § 7-9-103 ; (C) Solicits or obtains a signature to a petition knowing that the person signing is not qualified to sign the petition; (D) Knowingly pays a person any form of compensation in exchange for signing a petition as a petitioner; (E) Accepts or pays money or anything of value for obtaining signatures on a petition when the person acting as a canvasser, sponsor, or agent of a sponsor knows that the person acting as a canvasser's name or address is not included on the sponsor's list filed with the Secretary of State under § 7-9-601 ; or (F) Knowingly misrepresents the purpose and effect of the petition or the measure affected for the purpose of causing a person to sign a petition; (3) If the person acting as a canvasser knowingly makes a false statement on a petition verification form; (4) If the person acting as a notary knowingly fails to witness a canvasser's affidavit by witnessing the signing of the instrument in person and either personally knowing the signor or by being presented with proof of the identity of the signer; or (5) If the person acting as a sponsor files a petition or a part of a petition with the official charged with verifying the signatures knowing that the petition or part of the petition contains one (1) or more false or fraudulent signatures unless each false or fraudulent signature is clearly stricken by the sponsor before filing.

(1) If the person knowingly: (A) Signs a name other than his or her name to a petition; (B) Signs his or her name more than one (1) time to a petition; or (C) Signs a petition when he or she is not legally entitled to sign the petition;

(A) Signs a name other than his or her name to a petition;

(B) Signs his or her name more than one (1) time to a petition; or

(C) Signs a petition when he or she is not legally entitled to sign the petition;

(2) If the person acting as a canvasser, notary, sponsor as defined under § 7-9-101 , or agent of a sponsor: (A) Signs a name other than his or her own to a petition; (B) Prints a name, address, or birth date other than his or her own to a petition unless the signor requires assistance due to disability and the person complies with § 7-9-103 ; (C) Solicits or obtains a signature to a petition knowing that the person signing is not qualified to sign the petition; (D) Knowingly pays a person any form of compensation in exchange for signing a petition as a petitioner; (E) Accepts or pays money or anything of value for obtaining signatures on a petition when the person acting as a canvasser, sponsor, or agent of a sponsor knows that the person acting as a canvasser's name or address is not included on the sponsor's list filed with the Secretary of State under § 7-9-601 ; or (F) Knowingly misrepresents the purpose and effect of the petition or the measure affected for the purpose of causing a person to sign a petition;

(A) Signs a name other than his or her own to a petition;

(B) Prints a name, address, or birth date other than his or her own to a petition unless the signor requires assistance due to disability and the person complies with § 7-9-103 ;

(C) Solicits or obtains a signature to a petition knowing that the person signing is not qualified to sign the petition;

(D) Knowingly pays a person any form of compensation in exchange for signing a petition as a petitioner;

(E) Accepts or pays money or anything of value for obtaining signatures on a petition when the person acting as a canvasser, sponsor, or agent of a sponsor knows that the person acting as a canvasser's name or address is not included on the sponsor's list filed with the Secretary of State under § 7-9-601 ; or

(F) Knowingly misrepresents the purpose and effect of the petition or the measure affected for the purpose of causing a person to sign a petition;

(3) If the person acting as a canvasser knowingly makes a false statement on a petition verification form;

(4) If the person acting as a notary knowingly fails to witness a canvasser's affidavit by witnessing the signing of the instrument in person and either personally knowing the signor or by being presented with proof of the identity of the signer; or

(5) If the person acting as a sponsor files a petition or a part of a petition with the official charged with verifying the signatures knowing that the petition or part of the petition contains one (1) or more false or fraudulent signatures unless each false or fraudulent signature is clearly stricken by the sponsor before filing.

(c) Petition fraud is a Class D felony.

Amended by Act 2019, No. 376,§ 1, eff. 3/8/2019.

Added by Act 2013, No. 1432,§ 9, eff. 8/16/2013.
Ark. Code Ann. § 5-61-404 — AR Code / Title 5 / Chapter 61 / Subchapter 4 / Section 5-61-404
Prohibition
Status: in_force

(a) A person shall not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency. (b) Performing or attempting to perform an abortion is an unclassified felony with a fine not to exceed one hundred thousand dollars ($100,000) or imprisonment not to exceed ten (10) years, or both. (c) This section does not: (1) Authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child; or (2) Prohibit the sale, use, prescription, or administration of a contraceptive measure, drug, or chemical if the contraceptive measure, drug, or chemical is administered before the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure, drug, or chemical is sold, used, prescribed, or administered in accordance with manufacturer instructions. (d) It is an affirmative defense to prosecution under this section if a licensed physician provides medical treatment to a pregnant woman which results in the accidental or unintentional physical injury or death to the unborn child. Added by Act 2021, No. 309,§ 1, eff. 7/28/2021.

(a) A person shall not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency.

(b) Performing or attempting to perform an abortion is an unclassified felony with a fine not to exceed one hundred thousand dollars ($100,000) or imprisonment not to exceed ten (10) years, or both.

(c) This section does not: (1) Authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child; or (2) Prohibit the sale, use, prescription, or administration of a contraceptive measure, drug, or chemical if the contraceptive measure, drug, or chemical is administered before the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure, drug, or chemical is sold, used, prescribed, or administered in accordance with manufacturer instructions.

(1) Authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child; or

(2) Prohibit the sale, use, prescription, or administration of a contraceptive measure, drug, or chemical if the contraceptive measure, drug, or chemical is administered before the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure, drug, or chemical is sold, used, prescribed, or administered in accordance with manufacturer instructions.

(d) It is an affirmative defense to prosecution under this section if a licensed physician provides medical treatment to a pregnant woman which results in the accidental or unintentional physical injury or death to the unborn child.

Added by Act 2021, No. 309,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 5-4-601 — AR Code / Title 5 / Chapter 4 / Subchapter 6 / Section 5-4-601
Legislative intent
Status: in_force

(a) In enacting this subchapter, it is the intent of the General Assembly to specify the procedures and standards pursuant to which a sentencing body shall conform in making a determination as to whether a sentence of death is to be imposed upon a conviction of capital murder. (b) If the provisions of this subchapter respecting sentencing procedures are held invalid with regard to the imposition of a sentence of death or a sentence of death is declared to be invalid per se, it is the intent of the General Assembly that: (1) Capital murder is punishable by life imprisonment without parole; and (2) The procedures and findings required by §§ 5-4-602 - 5-4-605 , 5-4-607 , and 5-4-608 are deemed repealed and of no effect. Acts 1975, No. 280, § 1308; A.S.A. 1947, § 41-1308.

(a) In enacting this subchapter, it is the intent of the General Assembly to specify the procedures and standards pursuant to which a sentencing body shall conform in making a determination as to whether a sentence of death is to be imposed upon a conviction of capital murder.

(b) If the provisions of this subchapter respecting sentencing procedures are held invalid with regard to the imposition of a sentence of death or a sentence of death is declared to be invalid per se, it is the intent of the General Assembly that: (1) Capital murder is punishable by life imprisonment without parole; and (2) The procedures and findings required by §§ 5-4-602 - 5-4-605 , 5-4-607 , and 5-4-608 are deemed repealed and of no effect.

(1) Capital murder is punishable by life imprisonment without parole; and

(2) The procedures and findings required by §§ 5-4-602 - 5-4-605 , 5-4-607 , and 5-4-608 are deemed repealed and of no effect.

Acts 1975, No. 280, § 1308; A.S.A. 1947, § 41-1308.
Ark. Code Ann. § 5-3-407 — AR Code / Title 5 / Chapter 3 / Subchapter 4 / Section 5-3-407
Venue for prosecution
Status: in_force

A prosecution for criminal conspiracy may be brought in any county where any overt act in furtherance of the conspiracy is alleged to have occurred, and that county is a proper place of venue for the prosecution of any person charged as a party to that conspiracy. Acts 1975, No. 280, § 712; A.S.A. 1947, § 41-712.

A prosecution for criminal conspiracy may be brought in any county where any overt act in furtherance of the conspiracy is alleged to have occurred, and that county is a proper place of venue for the prosecution of any person charged as a party to that conspiracy.

Acts 1975, No. 280, § 712; A.S.A. 1947, § 41-712.
Ark. Code Ann. § 5-71-101 — AR Code / Title 5 / Chapter 71 / Subchapter 1 / Section 5-71-101
Definitions
Status: in_force

As used in this chapter: (1) "Alcoholic beverage" means: (A) Beer, ale, porter, stout, sake, or other similar fermented beverage of any name or description containing five-tenths percent (0.5%) or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any malt substitute; (B) Wine of not less than five-tenths percent (0.5%) of alcohol by volume; or (C) A distilled spirit known as "ethyl alcohol", "ethanol", or "spirits of wine" in any form, including all dilutions and mixtures of a distilled spirit, from whatever source or by whatever process produced; (2) "Deviate sexual activity" means any act of sexual gratification involving: (A) The penetration, however slight, of the anus or mouth of one (1) person by the penis of another person; or (B) The penetration, however slight, of the vagina or anus of one (1) person by any body member or foreign instrument manipulated by another person; (3) "Governmental function" means any activity that a public servant is legally authorized to undertake on behalf of any governmental unit he or she serves; (4) (A) "Motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on a public highway. (B) "Motor vehicle" does not include a vehicle operated solely on a rail or rails; (5) "Occupiable structure" means a vehicle, building, or other structure: (A) Where any person lives or carries on a business or other calling; (B) Where people assemble for purposes of business, government, education, religion, entertainment, or public transportation; or (C) (i) That is customarily used for overnight accommodation of persons, whether or not a person is actually present. (ii) Each unit of an occupiable structure divided into separately occupied units is itself an occupiable structure; (6) "Open alcoholic beverage container" means a bottle, can, or other receptacle that: (A) Contains any amount of alcoholic beverage; and (B) Is either: (i) Open or has a broken seal; or (ii) Not open or having a broken seal but with its contents already partially removed; (7) "Property" means real property or tangible or intangible personal property, including money or any paper or document that represents or embodies anything of value; (8) "Prostitution" has the meaning specified in § 5-70-102 ; (9) "Public building" means a structure owned, operated, or occupied by any agency of the State of Arkansas or its political subdivisions or by any agency of the United States Government; (10) "Public place" means a publicly or privately owned place to which the public or a substantial number of people have access; (11) "Vehicle" means any craft or device designed for the transportation of people or property across land or water or through the air; and (12) "Vital public facility" means a facility maintained for use for: (A) Public communications; (B) Transportation; (C) Supply of water, gas, or power; (D) Law enforcement; (E) Fire protection; (F) Civil or national defense; or (G) Other public service. Amended by Act 2018EX2, No. 7,§ 1, eff. 7/24/2019. Amended by Act 2018EX2, No. 4,§ 1, eff. 7/24/2019. Acts 1975, No. 280, § 2901; A.S.A. 1947, § 41-2901.

As used in this chapter:

(1) "Alcoholic beverage" means: (A) Beer, ale, porter, stout, sake, or other similar fermented beverage of any name or description containing five-tenths percent (0.5%) or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any malt substitute; (B) Wine of not less than five-tenths percent (0.5%) of alcohol by volume; or (C) A distilled spirit known as "ethyl alcohol", "ethanol", or "spirits of wine" in any form, including all dilutions and mixtures of a distilled spirit, from whatever source or by whatever process produced;

(A) Beer, ale, porter, stout, sake, or other similar fermented beverage of any name or description containing five-tenths percent (0.5%) or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any malt substitute;

(B) Wine of not less than five-tenths percent (0.5%) of alcohol by volume; or

(C) A distilled spirit known as "ethyl alcohol", "ethanol", or "spirits of wine" in any form, including all dilutions and mixtures of a distilled spirit, from whatever source or by whatever process produced;

(2) "Deviate sexual activity" means any act of sexual gratification involving: (A) The penetration, however slight, of the anus or mouth of one (1) person by the penis of another person; or (B) The penetration, however slight, of the vagina or anus of one (1) person by any body member or foreign instrument manipulated by another person;

(A) The penetration, however slight, of the anus or mouth of one (1) person by the penis of another person; or

(B) The penetration, however slight, of the vagina or anus of one (1) person by any body member or foreign instrument manipulated by another person;

(3) "Governmental function" means any activity that a public servant is legally authorized to undertake on behalf of any governmental unit he or she serves;

(4) (A) "Motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on a public highway. (B) "Motor vehicle" does not include a vehicle operated solely on a rail or rails;

(A) "Motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on a public highway.

(B) "Motor vehicle" does not include a vehicle operated solely on a rail or rails;

(5) "Occupiable structure" means a vehicle, building, or other structure: (A) Where any person lives or carries on a business or other calling; (B) Where people assemble for purposes of business, government, education, religion, entertainment, or public transportation; or (C) (i) That is customarily used for overnight accommodation of persons, whether or not a person is actually present. (ii) Each unit of an occupiable structure divided into separately occupied units is itself an occupiable structure;

(A) Where any person lives or carries on a business or other calling;

(B) Where people assemble for purposes of business, government, education, religion, entertainment, or public transportation; or

(C) (i) That is customarily used for overnight accommodation of persons, whether or not a person is actually present. (ii) Each unit of an occupiable structure divided into separately occupied units is itself an occupiable structure;

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

(ii) Each unit of an occupiable structure divided into separately occupied units is itself an occupiable structure;

(6) "Open alcoholic beverage container" means a bottle, can, or other receptacle that: (A) Contains any amount of alcoholic beverage; and (B) Is either: (i) Open or has a broken seal; or (ii) Not open or having a broken seal but with its contents already partially removed;

(A) Contains any amount of alcoholic beverage; and

(B) Is either: (i) Open or has a broken seal; or (ii) Not open or having a broken seal but with its contents already partially removed;

(i) Open or has a broken seal; or

(ii) Not open or having a broken seal but with its contents already partially removed;

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

(8) "Prostitution" has the meaning specified in § 5-70-102 ;

(9) "Public building" means a structure owned, operated, or occupied by any agency of the State of Arkansas or its political subdivisions or by any agency of the United States Government;

(10) "Public place" means a publicly or privately owned place to which the public or a substantial number of people have access;

(11) "Vehicle" means any craft or device designed for the transportation of people or property across land or water or through the air; and

(12) "Vital public facility" means a facility maintained for use for: (A) Public communications; (B) Transportation; (C) Supply of water, gas, or power; (D) Law enforcement; (E) Fire protection; (F) Civil or national defense; or (G) Other public service.

(A) Public communications;

(B) Transportation;

(C) Supply of water, gas, or power;

(D) Law enforcement;

(E) Fire protection;

(F) Civil or national defense; or

(G) Other public service.

Amended by Act 2018EX2, No. 7,§ 1, eff. 7/24/2019.

Amended by Act 2018EX2, No. 4,§ 1, eff. 7/24/2019.

Acts 1975, No. 280, § 2901; A.S.A. 1947, § 41-2901.
Ark. Code Ann. § 5-64-710 — AR Code / Title 5 / Chapter 64 / Subchapter 7 / Section 5-64-710
Denial of driving privileges for minor - Restricted permit
Status: in_force

(a) (1) As used in this section "drug offense" means the: (A) Possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under this chapter; or (B) Operation of a motor vehicle under the influence of any substance the possession of which is prohibited under this chapter. (2) As used in subdivision (a)(1) of this section: (A) (i) "Motor vehicle" means any vehicle that is self-propelled by which a person or thing may be transported upon a public highway and is registered in the State of Arkansas or of the type subject to registration in Arkansas. (ii) "Motor vehicle" includes any: (a) "Motorcycle", "motor-driven cycle", or "motorized bicycle", as defined in § 27-20-101 ; and (b) "Commercial motor vehicle", as defined in § 27-23-103 ; and (B) "Substance the possession of which is prohibited under this chapter" or "substance" means a "controlled substance" or "counterfeit substance", as defined in the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 802 . (b) (1) (A) When a person who is under eighteen (18) years of age pleads guilty or nolo contendere to or is found guilty of driving or boating while intoxicated under the Omnibus DWI or BWI Act, § 5-65-101 et seq., a criminal offense involving the illegal possession or use of a controlled substance, or any drug offense in this state or any other state, the court having jurisdiction of the matter, including any federal court, shall prepare and transmit to the Department of Finance and Administration an order of denial of driving privileges for the person under eighteen (18) years of age. (B) A court within the State of Arkansas shall prepare and transmit any order under subdivision (b)(1)(A) of this section to the department within twenty-four (24) hours after the plea or finding. (C) A court outside Arkansas having jurisdiction over any person holding driving privileges issued by the State of Arkansas shall prepare and transmit any order under subdivision (b)(1)(A) of this section pursuant to an agreement or arrangement entered into between that state and the Director of the Department of Finance and Administration. (D) An arrangement or agreement under subdivision (b)(1)(C) of this section may also provide for the forwarding by the department of an order issued by a court within this state to the state where any person holds driving privileges issued by that state. (2) For any person holding driving privileges issued by the State of Arkansas, a court within this state in a case of extreme and unusual hardship may provide in an order for the issuance of a restricted driving permit to allow driving to and from a place of employment or driving to and from school. (c) (1) Except as provided in subdivision (c)(2) of this section, a penalty prescribed in this section and § 27-16-914 is in addition to any other penalty prescribed by law for an offense covered by this section and § 27-16-914 . (2) A juvenile adjudicated delinquent is subject to a juvenile disposition provided in § 9-27-330 . (d) In regard to any offense involving illegal possession under this section, it is a defense if the controlled substance is the property of an adult who owns the motor vehicle. (e) If a juvenile is found delinquent for any offense described in subsection (a) or subsection (b) of this section, the circuit court may order any juvenile disposition available under § 9-27-330 . Amended by Act 2015, No. 299,§ 5, eff. 7/22/2015. Acts 1989 (3rd Ex. Sess.), No. 93, §§ 1, 3, 4; 1993, No. 1257, § 1; 2005, No. 1876, § 1; 2005, No. 1994, § 314.

(a) (1) As used in this section "drug offense" means the: (A) Possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under this chapter; or (B) Operation of a motor vehicle under the influence of any substance the possession of which is prohibited under this chapter. (2) As used in subdivision (a)(1) of this section: (A) (i) "Motor vehicle" means any vehicle that is self-propelled by which a person or thing may be transported upon a public highway and is registered in the State of Arkansas or of the type subject to registration in Arkansas. (ii) "Motor vehicle" includes any: (a) "Motorcycle", "motor-driven cycle", or "motorized bicycle", as defined in § 27-20-101 ; and (b) "Commercial motor vehicle", as defined in § 27-23-103 ; and (B) "Substance the possession of which is prohibited under this chapter" or "substance" means a "controlled substance" or "counterfeit substance", as defined in the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 802 .

(1) As used in this section "drug offense" means the: (A) Possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under this chapter; or (B) Operation of a motor vehicle under the influence of any substance the possession of which is prohibited under this chapter.

(A) Possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under this chapter; or

(B) Operation of a motor vehicle under the influence of any substance the possession of which is prohibited under this chapter.

(2) As used in subdivision (a)(1) of this section: (A) (i) "Motor vehicle" means any vehicle that is self-propelled by which a person or thing may be transported upon a public highway and is registered in the State of Arkansas or of the type subject to registration in Arkansas. (ii) "Motor vehicle" includes any: (a) "Motorcycle", "motor-driven cycle", or "motorized bicycle", as defined in § 27-20-101 ; and (b) "Commercial motor vehicle", as defined in § 27-23-103 ; and (B) "Substance the possession of which is prohibited under this chapter" or "substance" means a "controlled substance" or "counterfeit substance", as defined in the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 802 .

(A) (i) "Motor vehicle" means any vehicle that is self-propelled by which a person or thing may be transported upon a public highway and is registered in the State of Arkansas or of the type subject to registration in Arkansas. (ii) "Motor vehicle" includes any: (a) "Motorcycle", "motor-driven cycle", or "motorized bicycle", as defined in § 27-20-101 ; and (b) "Commercial motor vehicle", as defined in § 27-23-103 ; and

(i) "Motor vehicle" means any vehicle that is self-propelled by which a person or thing may be transported upon a public highway and is registered in the State of Arkansas or of the type subject to registration in Arkansas.

(ii) "Motor vehicle" includes any: (a) "Motorcycle", "motor-driven cycle", or "motorized bicycle", as defined in § 27-20-101 ; and (b) "Commercial motor vehicle", as defined in § 27-23-103 ; and

(a) "Motorcycle", "motor-driven cycle", or "motorized bicycle", as defined in § 27-20-101 ; and

(b) "Commercial motor vehicle", as defined in § 27-23-103 ; and

(B) "Substance the possession of which is prohibited under this chapter" or "substance" means a "controlled substance" or "counterfeit substance", as defined in the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 802 .

(b) (1) (A) When a person who is under eighteen (18) years of age pleads guilty or nolo contendere to or is found guilty of driving or boating while intoxicated under the Omnibus DWI or BWI Act, § 5-65-101 et seq., a criminal offense involving the illegal possession or use of a controlled substance, or any drug offense in this state or any other state, the court having jurisdiction of the matter, including any federal court, shall prepare and transmit to the Department of Finance and Administration an order of denial of driving privileges for the person under eighteen (18) years of age. (B) A court within the State of Arkansas shall prepare and transmit any order under subdivision (b)(1)(A) of this section to the department within twenty-four (24) hours after the plea or finding. (C) A court outside Arkansas having jurisdiction over any person holding driving privileges issued by the State of Arkansas shall prepare and transmit any order under subdivision (b)(1)(A) of this section pursuant to an agreement or arrangement entered into between that state and the Director of the Department of Finance and Administration. (D) An arrangement or agreement under subdivision (b)(1)(C) of this section may also provide for the forwarding by the department of an order issued by a court within this state to the state where any person holds driving privileges issued by that state. (2) For any person holding driving privileges issued by the State of Arkansas, a court within this state in a case of extreme and unusual hardship may provide in an order for the issuance of a restricted driving permit to allow driving to and from a place of employment or driving to and from school.

(1) (A) When a person who is under eighteen (18) years of age pleads guilty or nolo contendere to or is found guilty of driving or boating while intoxicated under the Omnibus DWI or BWI Act, § 5-65-101 et seq., a criminal offense involving the illegal possession or use of a controlled substance, or any drug offense in this state or any other state, the court having jurisdiction of the matter, including any federal court, shall prepare and transmit to the Department of Finance and Administration an order of denial of driving privileges for the person under eighteen (18) years of age. (B) A court within the State of Arkansas shall prepare and transmit any order under subdivision (b)(1)(A) of this section to the department within twenty-four (24) hours after the plea or finding. (C) A court outside Arkansas having jurisdiction over any person holding driving privileges issued by the State of Arkansas shall prepare and transmit any order under subdivision (b)(1)(A) of this section pursuant to an agreement or arrangement entered into between that state and the Director of the Department of Finance and Administration. (D) An arrangement or agreement under subdivision (b)(1)(C) of this section may also provide for the forwarding by the department of an order issued by a court within this state to the state where any person holds driving privileges issued by that state.

(A) When a person who is under eighteen (18) years of age pleads guilty or nolo contendere to or is found guilty of driving or boating while intoxicated under the Omnibus DWI or BWI Act, § 5-65-101 et seq., a criminal offense involving the illegal possession or use of a controlled substance, or any drug offense in this state or any other state, the court having jurisdiction of the matter, including any federal court, shall prepare and transmit to the Department of Finance and Administration an order of denial of driving privileges for the person under eighteen (18) years of age.

(B) A court within the State of Arkansas shall prepare and transmit any order under subdivision (b)(1)(A) of this section to the department within twenty-four (24) hours after the plea or finding.

(C) A court outside Arkansas having jurisdiction over any person holding driving privileges issued by the State of Arkansas shall prepare and transmit any order under subdivision (b)(1)(A) of this section pursuant to an agreement or arrangement entered into between that state and the Director of the Department of Finance and Administration.

(D) An arrangement or agreement under subdivision (b)(1)(C) of this section may also provide for the forwarding by the department of an order issued by a court within this state to the state where any person holds driving privileges issued by that state.

(2) For any person holding driving privileges issued by the State of Arkansas, a court within this state in a case of extreme and unusual hardship may provide in an order for the issuance of a restricted driving permit to allow driving to and from a place of employment or driving to and from school.

(c) (1) Except as provided in subdivision (c)(2) of this section, a penalty prescribed in this section and § 27-16-914 is in addition to any other penalty prescribed by law for an offense covered by this section and § 27-16-914 . (2) A juvenile adjudicated delinquent is subject to a juvenile disposition provided in § 9-27-330 .

(1) Except as provided in subdivision (c)(2) of this section, a penalty prescribed in this section and § 27-16-914 is in addition to any other penalty prescribed by law for an offense covered by this section and § 27-16-914 .

(2) A juvenile adjudicated delinquent is subject to a juvenile disposition provided in § 9-27-330 .

(d) In regard to any offense involving illegal possession under this section, it is a defense if the controlled substance is the property of an adult who owns the motor vehicle.

(e) If a juvenile is found delinquent for any offense described in subsection (a) or subsection (b) of this section, the circuit court may order any juvenile disposition available under § 9-27-330 .

Amended by Act 2015, No. 299,§ 5, eff. 7/22/2015.

Acts 1989 (3rd Ex. Sess.), No. 93, §§ 1, 3, 4; 1993, No. 1257, § 1; 2005, No. 1876, § 1; 2005, No. 1994, § 314.
Ark. Code Ann. § 5-60-101 — AR Code / Title 5 / Chapter 60 / Subchapter 1 / Section 5-60-101
Abuse of a corpse
Status: in_force

(a) A person commits abuse of a corpse if, except as authorized by law, he or she knowingly: (1) Disinters, removes, dissects, or mutilates a corpse; or (2) (A) Physically mistreats or conceals a corpse in a manner offensive to a person of reasonable sensibilities. (B) A person who conceals a corpse in a manner offensive to a person of reasonable sensibilities that results in the corpse remaining concealed is continuing in a course of conduct under § 5-1-109(e)(1)(B) . (C) (i) As used in this section, "in a manner offensive to a person of reasonable sensibilities" means in a manner that is outside the normal practices of handling or disposing of a corpse. (ii) "In a manner offensive to a person of reasonable sensibilities" includes without limitation the dismembering, submerging, or burning of a corpse. (b) Abuse of a corpse is a Class C felony. Acts 1975, No. 280, § 2920; A.S.A. 1947, § 41-2920; Acts 2011, No. 1003, § 1; 2011, No. 1158, § 1.

(a) A person commits abuse of a corpse if, except as authorized by law, he or she knowingly: (1) Disinters, removes, dissects, or mutilates a corpse; or (2) (A) Physically mistreats or conceals a corpse in a manner offensive to a person of reasonable sensibilities. (B) A person who conceals a corpse in a manner offensive to a person of reasonable sensibilities that results in the corpse remaining concealed is continuing in a course of conduct under § 5-1-109(e)(1)(B) . (C) (i) As used in this section, "in a manner offensive to a person of reasonable sensibilities" means in a manner that is outside the normal practices of handling or disposing of a corpse. (ii) "In a manner offensive to a person of reasonable sensibilities" includes without limitation the dismembering, submerging, or burning of a corpse.

(1) Disinters, removes, dissects, or mutilates a corpse; or

(2) (A) Physically mistreats or conceals a corpse in a manner offensive to a person of reasonable sensibilities. (B) A person who conceals a corpse in a manner offensive to a person of reasonable sensibilities that results in the corpse remaining concealed is continuing in a course of conduct under § 5-1-109(e)(1)(B) . (C) (i) As used in this section, "in a manner offensive to a person of reasonable sensibilities" means in a manner that is outside the normal practices of handling or disposing of a corpse. (ii) "In a manner offensive to a person of reasonable sensibilities" includes without limitation the dismembering, submerging, or burning of a corpse.

(A) Physically mistreats or conceals a corpse in a manner offensive to a person of reasonable sensibilities.

(B) A person who conceals a corpse in a manner offensive to a person of reasonable sensibilities that results in the corpse remaining concealed is continuing in a course of conduct under § 5-1-109(e)(1)(B) .

(C) (i) As used in this section, "in a manner offensive to a person of reasonable sensibilities" means in a manner that is outside the normal practices of handling or disposing of a corpse. (ii) "In a manner offensive to a person of reasonable sensibilities" includes without limitation the dismembering, submerging, or burning of a corpse.

(i) As used in this section, "in a manner offensive to a person of reasonable sensibilities" means in a manner that is outside the normal practices of handling or disposing of a corpse.

(ii) "In a manner offensive to a person of reasonable sensibilities" includes without limitation the dismembering, submerging, or burning of a corpse.

(b) Abuse of a corpse is a Class C felony.

Acts 1975, No. 280, § 2920; A.S.A. 1947, § 41-2920; Acts 2011, No. 1003, § 1; 2011, No. 1158, § 1.
Ark. Code Ann. § 5-54-126 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-126
Killing or injuring animals used by law enforcement or search and rescue dogs
Status: in_force

(a) Any person who: (1) Purposely kills or physically injures; (2) Purposely causes physical contact that is of a nature likely to cause physical injury to; or (3) Attempts to cause physical contact that is of a nature likely to cause physical injury to, any animal owned by or used by a law enforcement agency or any search and rescue dog upon conviction is guilty of a Class D felony. (b) A person who purposely interferes with or obstructs an animal owned by or used by a law enforcement agency or a search and rescue dog used by a law enforcement officer in the discharge or attempted discharge of his or her duties upon conviction is guilty of a Class A misdemeanor. (c) As used in this section, "search and rescue dog" means a dog: (1) In training for or trained for the purpose of search and rescue; (2) Owned by an independent handler or member of a search and rescue team; (3) Used in conjunction with a local law enforcement organization or an emergency services organization for the purpose of locating a missing person or evidence of arson; (4) Trained for the purpose of locating controlled substances; or (5) Trained to assist in the apprehension of persons alleged to have violated any law. (d) A person guilty of violating this section is also required to make restitution to the law enforcement agency or owner of the animal that suffered a loss due to the violation, including without limitation reimbursement for veterinary bills, and the replacement cost of the animal if the animal is permanently disabled or killed as a result of the violation. Acts 1985, No. 446, §§ 1, 2; A.S.A. 1947, §§ 41-2858, 41-2859; Acts 1987, No. 884, § 1; 1999, No. 571, § 1; 2009, No. 530, § 1.

(a) Any person who: (1) Purposely kills or physically injures; (2) Purposely causes physical contact that is of a nature likely to cause physical injury to; or (3) Attempts to cause physical contact that is of a nature likely to cause physical injury to, any animal owned by or used by a law enforcement agency or any search and rescue dog upon conviction is guilty of a Class D felony.

(1) Purposely kills or physically injures;

(2) Purposely causes physical contact that is of a nature likely to cause physical injury to; or

(3) Attempts to cause physical contact that is of a nature likely to cause physical injury to, any animal owned by or used by a law enforcement agency or any search and rescue dog upon conviction is guilty of a Class D felony.

(b) A person who purposely interferes with or obstructs an animal owned by or used by a law enforcement agency or a search and rescue dog used by a law enforcement officer in the discharge or attempted discharge of his or her duties upon conviction is guilty of a Class A misdemeanor.

(c) As used in this section, "search and rescue dog" means a dog: (1) In training for or trained for the purpose of search and rescue; (2) Owned by an independent handler or member of a search and rescue team; (3) Used in conjunction with a local law enforcement organization or an emergency services organization for the purpose of locating a missing person or evidence of arson; (4) Trained for the purpose of locating controlled substances; or (5) Trained to assist in the apprehension of persons alleged to have violated any law.

(1) In training for or trained for the purpose of search and rescue;

(2) Owned by an independent handler or member of a search and rescue team;

(3) Used in conjunction with a local law enforcement organization or an emergency services organization for the purpose of locating a missing person or evidence of arson;

(4) Trained for the purpose of locating controlled substances; or

(5) Trained to assist in the apprehension of persons alleged to have violated any law.

(d) A person guilty of violating this section is also required to make restitution to the law enforcement agency or owner of the animal that suffered a loss due to the violation, including without limitation reimbursement for veterinary bills, and the replacement cost of the animal if the animal is permanently disabled or killed as a result of the violation.

Acts 1985, No. 446, §§ 1, 2; A.S.A. 1947, §§ 41-2858, 41-2859; Acts 1987, No. 884, § 1; 1999, No. 571, § 1; 2009, No. 530, § 1.
Ark. Code Ann. § 5-5-405 — AR Code / Title 5 / Chapter 5 / Subchapter 4 / Section 5-5-405
Destruction
Status: in_force

When the Executive Director of the State Crime Laboratory determines that any weapon or ammunition transferred or donated pursuant to a provision of this subchapter is no longer useful to the State Crime Laboratory, the weapon, piece of weapon, or ammunition shall be destroyed. Acts 1995, No. 202, § 1.

When the Executive Director of the State Crime Laboratory determines that any weapon or ammunition transferred or donated pursuant to a provision of this subchapter is no longer useful to the State Crime Laboratory, the weapon, piece of weapon, or ammunition shall be destroyed.

Acts 1995, No. 202, § 1.
Ark. Code Ann. § 5-2-405 — AR Code / Title 5 / Chapter 2 / Subchapter 4 / Section 5-2-405
Claims that are not defenses to liability for another
Status: in_force

In any prosecution for an offense in which the liability of the defendant is based on conduct of another person, it is no defense that: (1) The offense charged, as defined, can be committed only by a particular class of persons and the defendant not belonging to that particular class of persons is for that reason legally incapable of committing the offense in an individual capacity, unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing his or her incapacity; (2) The other person has not been charged with, prosecuted for, convicted of, or has been acquitted of any offense or has been convicted of a different offense or degree of offense, based upon the conduct in question, even if the defendant and the other person were tried jointly; or (3) The other person has a legal immunity from prosecution based upon the conduct in question. Acts 1975, No. 280, § 304; A.S.A. 1947, § 41-304; Acts 1995, No. 1294, § 1.

In any prosecution for an offense in which the liability of the defendant is based on conduct of another person, it is no defense that:

(1) The offense charged, as defined, can be committed only by a particular class of persons and the defendant not belonging to that particular class of persons is for that reason legally incapable of committing the offense in an individual capacity, unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing his or her incapacity;

(2) The other person has not been charged with, prosecuted for, convicted of, or has been acquitted of any offense or has been convicted of a different offense or degree of offense, based upon the conduct in question, even if the defendant and the other person were tried jointly; or

(3) The other person has a legal immunity from prosecution based upon the conduct in question.

Acts 1975, No. 280, § 304; A.S.A. 1947, § 41-304; Acts 1995, No. 1294, § 1.
Ark. Code Ann. § 5-71-229 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-229
Stalking
Status: in_force

(a) (1) A person commits stalking in the first degree if he or she knowingly engages in a course of conduct that would place a reasonable person in the victim's position under emotional distress and in fear for his or her safety or a third person's safety, and the actor: (A) Does so in contravention of an order of protection consistent with the Domestic Abuse Act of 1991, § 9-15-101 et seq., or a no contact order as set out in subdivision (a)(2)(A) of this section, protecting the same victim, or any other order issued by any court protecting the same victim; (B) Has been convicted within the previous ten (10) years of: (i) Stalking in the second degree; (ii) Terroristic threatening, § 5-13-301 , or terroristic act, § 5-13-310 ; or (iii) Stalking or threats against another person's safety under the statutory provisions of any other state jurisdiction; or (C) Is armed with a deadly weapon or represents by word or conduct that he or she is armed with a deadly weapon. (2) (A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection. (C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and the arresting law enforcement agency without unnecessary delay. (D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328 , or both. (3) Stalking in the first degree is a Class B felony. (b) (1) A person commits stalking in the second degree if he or she knowingly engages in a course of conduct that harasses another person and makes a terroristic threat with the purpose of placing that person in imminent fear of death or serious bodily injury or placing that person in imminent fear of the death or serious bodily injury of his or her immediate family. (2) (A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection. (C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and arresting law enforcement agency without unnecessary delay. (D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328 , or both. (3) Stalking in the second degree is a Class C felony. (c) (1) A person commits stalking in the third degree if he or she knowingly commits an act that would place a reasonable person in the victim's position under emotional distress and in fear for his or her safety or a third person's safety. (2) (A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection. (C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and arresting law enforcement agency without unnecessary delay. (D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328 , or both. (3) Stalking in the third degree is a Class A misdemeanor. (d) It is an affirmative defense to prosecution under this section if the actor is a law enforcement officer, licensed private investigator, attorney, process server, licensed bail bondsman, or a store detective acting within the reasonable scope of his or her duty while conducting surveillance on an official work assignment. (e) It is not a defense to a prosecution under this section that the actor was not given actual notice by the victim that the actor's conduct was not wanted. (f) As used in this section: (1) (A) "Course of conduct" means a pattern of conduct composed of two (2) or more acts, separated by at least thirty-six (36) hours, but occurring within one (1) year, including without limitation an act in which the actor directly, indirectly, or through a third party by any action, method, device, or means follows, monitors, observes, places under surveillance, threatens, or communicates to or about a person or interferes with a person's property. (B) (i) "Course of conduct" does not include constitutionally protected activity. (ii) If the defendant claims that he or she was engaged in a constitutionally protected activity, the court shall determine the validity of that claim as a matter of law and, if found valid, shall exclude that activity from evidence; (2) (A) "Emotional distress" means significant mental suffering or distress. (B) "Emotional distress" does not require that the victim sought or received medical or other professional treatment or counseling; and (3) "Harasses" means an act of harassment as prohibited by § 5-71-208 . Amended by Act 2021, No. 1085,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 1085,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 472,§ 24, eff. 8/1/2017. Amended by Act 2017, No. 472,§ 23, eff. 8/1/2017. Amended by Act 2017, No. 472,§ 22, eff. 8/1/2017. Amended by Act 2013, No. 1014,§ 1, eff. 8/16/2013. Acts 1993, No. 379, §§ 1-3; 1993, No. 388, §§ 1-3; 1995, No. 1302, § 1; 2007, No. 827, § 94.

(a) (1) A person commits stalking in the first degree if he or she knowingly engages in a course of conduct that would place a reasonable person in the victim's position under emotional distress and in fear for his or her safety or a third person's safety, and the actor: (A) Does so in contravention of an order of protection consistent with the Domestic Abuse Act of 1991, § 9-15-101 et seq., or a no contact order as set out in subdivision (a)(2)(A) of this section, protecting the same victim, or any other order issued by any court protecting the same victim; (B) Has been convicted within the previous ten (10) years of: (i) Stalking in the second degree; (ii) Terroristic threatening, § 5-13-301 , or terroristic act, § 5-13-310 ; or (iii) Stalking or threats against another person's safety under the statutory provisions of any other state jurisdiction; or (C) Is armed with a deadly weapon or represents by word or conduct that he or she is armed with a deadly weapon. (2) (A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection. (C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and the arresting law enforcement agency without unnecessary delay. (D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328 , or both. (3) Stalking in the first degree is a Class B felony.

(1) A person commits stalking in the first degree if he or she knowingly engages in a course of conduct that would place a reasonable person in the victim's position under emotional distress and in fear for his or her safety or a third person's safety, and the actor: (A) Does so in contravention of an order of protection consistent with the Domestic Abuse Act of 1991, § 9-15-101 et seq., or a no contact order as set out in subdivision (a)(2)(A) of this section, protecting the same victim, or any other order issued by any court protecting the same victim; (B) Has been convicted within the previous ten (10) years of: (i) Stalking in the second degree; (ii) Terroristic threatening, § 5-13-301 , or terroristic act, § 5-13-310 ; or (iii) Stalking or threats against another person's safety under the statutory provisions of any other state jurisdiction; or (C) Is armed with a deadly weapon or represents by word or conduct that he or she is armed with a deadly weapon.

(A) Does so in contravention of an order of protection consistent with the Domestic Abuse Act of 1991, § 9-15-101 et seq., or a no contact order as set out in subdivision (a)(2)(A) of this section, protecting the same victim, or any other order issued by any court protecting the same victim;

(B) Has been convicted within the previous ten (10) years of: (i) Stalking in the second degree; (ii) Terroristic threatening, § 5-13-301 , or terroristic act, § 5-13-310 ; or (iii) Stalking or threats against another person's safety under the statutory provisions of any other state jurisdiction; or

(i) Stalking in the second degree;

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

(iii) Stalking or threats against another person's safety under the statutory provisions of any other state jurisdiction; or

(C) Is armed with a deadly weapon or represents by word or conduct that he or she is armed with a deadly weapon.

(2) (A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection. (C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and the arresting law enforcement agency without unnecessary delay. (D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328 , or both.

(A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.

(B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection.

(C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and the arresting law enforcement agency without unnecessary delay.

(D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328 , or both.

(3) Stalking in the first degree is a Class B felony.

(b) (1) A person commits stalking in the second degree if he or she knowingly engages in a course of conduct that harasses another person and makes a terroristic threat with the purpose of placing that person in imminent fear of death or serious bodily injury or placing that person in imminent fear of the death or serious bodily injury of his or her immediate family. (2) (A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection. (C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and arresting law enforcement agency without unnecessary delay. (D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328 , or both. (3) Stalking in the second degree is a Class C felony.

(1) A person commits stalking in the second degree if he or she knowingly engages in a course of conduct that harasses another person and makes a terroristic threat with the purpose of placing that person in imminent fear of death or serious bodily injury or placing that person in imminent fear of the death or serious bodily injury of his or her immediate family.

(2) (A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection. (C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and arresting law enforcement agency without unnecessary delay. (D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328 , or both.

(A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.

(B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection.

(C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and arresting law enforcement agency without unnecessary delay.

(D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328 , or both.

(3) Stalking in the second degree is a Class C felony.

(c) (1) A person commits stalking in the third degree if he or she knowingly commits an act that would place a reasonable person in the victim's position under emotional distress and in fear for his or her safety or a third person's safety. (2) (A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection. (C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and arresting law enforcement agency without unnecessary delay. (D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328 , or both. (3) Stalking in the third degree is a Class A misdemeanor.

(1) A person commits stalking in the third degree if he or she knowingly commits an act that would place a reasonable person in the victim's position under emotional distress and in fear for his or her safety or a third person's safety.

(2) (A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection. (C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and arresting law enforcement agency without unnecessary delay. (D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328 , or both.

(A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.

(B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection.

(C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and arresting law enforcement agency without unnecessary delay.

(D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328 , or both.

(3) Stalking in the third degree is a Class A misdemeanor.

(d) It is an affirmative defense to prosecution under this section if the actor is a law enforcement officer, licensed private investigator, attorney, process server, licensed bail bondsman, or a store detective acting within the reasonable scope of his or her duty while conducting surveillance on an official work assignment.

(e) It is not a defense to a prosecution under this section that the actor was not given actual notice by the victim that the actor's conduct was not wanted.

(f) As used in this section: (1) (A) "Course of conduct" means a pattern of conduct composed of two (2) or more acts, separated by at least thirty-six (36) hours, but occurring within one (1) year, including without limitation an act in which the actor directly, indirectly, or through a third party by any action, method, device, or means follows, monitors, observes, places under surveillance, threatens, or communicates to or about a person or interferes with a person's property. (B) (i) "Course of conduct" does not include constitutionally protected activity. (ii) If the defendant claims that he or she was engaged in a constitutionally protected activity, the court shall determine the validity of that claim as a matter of law and, if found valid, shall exclude that activity from evidence; (2) (A) "Emotional distress" means significant mental suffering or distress. (B) "Emotional distress" does not require that the victim sought or received medical or other professional treatment or counseling; and (3) "Harasses" means an act of harassment as prohibited by § 5-71-208 .

(1) (A) "Course of conduct" means a pattern of conduct composed of two (2) or more acts, separated by at least thirty-six (36) hours, but occurring within one (1) year, including without limitation an act in which the actor directly, indirectly, or through a third party by any action, method, device, or means follows, monitors, observes, places under surveillance, threatens, or communicates to or about a person or interferes with a person's property. (B) (i) "Course of conduct" does not include constitutionally protected activity. (ii) If the defendant claims that he or she was engaged in a constitutionally protected activity, the court shall determine the validity of that claim as a matter of law and, if found valid, shall exclude that activity from evidence;

(A) "Course of conduct" means a pattern of conduct composed of two (2) or more acts, separated by at least thirty-six (36) hours, but occurring within one (1) year, including without limitation an act in which the actor directly, indirectly, or through a third party by any action, method, device, or means follows, monitors, observes, places under surveillance, threatens, or communicates to or about a person or interferes with a person's property.

(B) (i) "Course of conduct" does not include constitutionally protected activity. (ii) If the defendant claims that he or she was engaged in a constitutionally protected activity, the court shall determine the validity of that claim as a matter of law and, if found valid, shall exclude that activity from evidence;

(i) "Course of conduct" does not include constitutionally protected activity.

(ii) If the defendant claims that he or she was engaged in a constitutionally protected activity, the court shall determine the validity of that claim as a matter of law and, if found valid, shall exclude that activity from evidence;

(2) (A) "Emotional distress" means significant mental suffering or distress. (B) "Emotional distress" does not require that the victim sought or received medical or other professional treatment or counseling; and

(A) "Emotional distress" means significant mental suffering or distress.

(B) "Emotional distress" does not require that the victim sought or received medical or other professional treatment or counseling; and

(3) "Harasses" means an act of harassment as prohibited by § 5-71-208 .

Amended by Act 2021, No. 1085,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 1085,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 472,§ 24, eff. 8/1/2017.

Amended by Act 2017, No. 472,§ 23, eff. 8/1/2017.

Amended by Act 2017, No. 472,§ 22, eff. 8/1/2017.

Amended by Act 2013, No. 1014,§ 1, eff. 8/16/2013.

Acts 1993, No. 379, §§ 1-3; 1993, No. 388, §§ 1-3; 1995, No. 1302, § 1; 2007, No. 827, § 94.
Ark. Code Ann. § 5-70-102 — AR Code / Title 5 / Chapter 70 / Section 5-70-102
Prostitution
Status: in_force

(a) A person commits prostitution if in return for or in expectation of a fee he or she engages in or agrees or offers to engage in sexual activity with any other person. (b) Prostitution is a: (1) Class B misdemeanor for the first offense; and (2) Class A misdemeanor for a second or subsequent offense under this section. (c) It is not an offense under this section if at the time of the person's commission of or arrest for an act that meets the elements of the offense of prostitution, the person was a victim of trafficking of persons, § 5-18-103 . (d) (1) If a law enforcement agency is investigating an offense under this section that has allegedly been committed by a minor, the law enforcement agency shall make every effort to determine whether the minor, at the time of the offense, was a victim of trafficking of persons, § 5-18-103 . (2) If a determination under subdivision (d)(1) of this section is made that the minor was a victim of trafficking of persons, § 5-18-103 , the law enforcement agency investigating the offense shall immediately notify the prosecuting attorney. (e) (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: (A) One thousand dollars ($1,000) if convicted of a Class B misdemeanor; or (B) Two thousand five hundred dollars ($2,500) if convicted of a Class A misdemeanor. (2) Fine payments received under subdivision (e)(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,§ 7, eff. 8/1/2023. Amended by Act 2019, No. 1020,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 1257,§ 5, eff. 8/16/2013. Amended by Act 2013, No. 133,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 132,§ 4, eff. 8/16/2013. Acts 1975, No. 280, § 3002; 1981, No. 816, § 1; 1983, No. 414, § 1; A.S.A. 1947, § 41-3002.

(a) A person commits prostitution if in return for or in expectation of a fee he or she engages in or agrees or offers to engage in sexual activity with any other person.

(b) Prostitution is a: (1) Class B misdemeanor for the first offense; and (2) Class A misdemeanor for a second or subsequent offense under this section.

(1) Class B misdemeanor for the first offense; and

(2) Class A misdemeanor for a second or subsequent offense under this section.

(c) It is not an offense under this section if at the time of the person's commission of or arrest for an act that meets the elements of the offense of prostitution, the person was a victim of trafficking of persons, § 5-18-103 .

(d) (1) If a law enforcement agency is investigating an offense under this section that has allegedly been committed by a minor, the law enforcement agency shall make every effort to determine whether the minor, at the time of the offense, was a victim of trafficking of persons, § 5-18-103 . (2) If a determination under subdivision (d)(1) of this section is made that the minor was a victim of trafficking of persons, § 5-18-103 , the law enforcement agency investigating the offense shall immediately notify the prosecuting attorney.

(1) If a law enforcement agency is investigating an offense under this section that has allegedly been committed by a minor, the law enforcement agency shall make every effort to determine whether the minor, at the time of the offense, was a victim of trafficking of persons, § 5-18-103 .

(2) If a determination under subdivision (d)(1) of this section is made that the minor was a victim of trafficking of persons, § 5-18-103 , the law enforcement agency investigating the offense shall immediately notify the prosecuting attorney.

(e) (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: (A) One thousand dollars ($1,000) if convicted of a Class B misdemeanor; or (B) Two thousand five hundred dollars ($2,500) if convicted of a Class A misdemeanor. (2) Fine payments received under subdivision (e)(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: (A) One thousand dollars ($1,000) if convicted of a Class B misdemeanor; or (B) Two thousand five hundred dollars ($2,500) if convicted of a Class A misdemeanor.

(A) One thousand dollars ($1,000) if convicted of a Class B misdemeanor; or

(B) Two thousand five hundred dollars ($2,500) if convicted of a Class A misdemeanor.

(2) Fine payments received under subdivision (e)(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,§ 7, eff. 8/1/2023.

Amended by Act 2019, No. 1020,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 1257,§ 5, eff. 8/16/2013.

Amended by Act 2013, No. 133,§ 4, eff. 8/16/2013.

Amended by Act 2013, No. 132,§ 4, eff. 8/16/2013.

Acts 1975, No. 280, § 3002; 1981, No. 816, § 1; 1983, No. 414, § 1; A.S.A. 1947, § 41-3002.
Ark. Code Ann. § 5-14-113 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-113
Sexual extortion
Status: in_force

(a) A person commits the offense of sexual extortion if: (1) With the purpose to coerce another person to engage in sexual contact or sexually explicit conduct, the person communicates a threat to: (A) Damage the property or harm the reputation of the other person; or (B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity; (2) With the purpose to produce or distribute a recording of a person in a state of nudity or engaged in sexually explicit conduct, the person communicates a threat to: (A) Damage the property or harm the reputation of the other person; or (B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity; (3) The person knowingly causes another person to engage in sexual contact or sexually explicit conduct or to produce or distribute a recording of a person in a state of nudity or engaged in sexually explicit conduct by communicating a threat to: (A) Damage the property or harm the reputation of the other person; or (B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity; or (4) The person knowingly demands payment of money or receipt of anything of value by communicating a threat to distribute a recording of a person engaged in sexually explicit conduct or depicted in a state of nudity. (b) Sexual extortion is a Class B felony. Amended by Act 2023, No. 659,§ 32, eff. 1/1/2024. Added by Act 2017, No. 664,§ 2, eff. 8/1/2017.

(a) A person commits the offense of sexual extortion if: (1) With the purpose to coerce another person to engage in sexual contact or sexually explicit conduct, the person communicates a threat to: (A) Damage the property or harm the reputation of the other person; or (B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity; (2) With the purpose to produce or distribute a recording of a person in a state of nudity or engaged in sexually explicit conduct, the person communicates a threat to: (A) Damage the property or harm the reputation of the other person; or (B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity; (3) The person knowingly causes another person to engage in sexual contact or sexually explicit conduct or to produce or distribute a recording of a person in a state of nudity or engaged in sexually explicit conduct by communicating a threat to: (A) Damage the property or harm the reputation of the other person; or (B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity; or (4) The person knowingly demands payment of money or receipt of anything of value by communicating a threat to distribute a recording of a person engaged in sexually explicit conduct or depicted in a state of nudity.

(1) With the purpose to coerce another person to engage in sexual contact or sexually explicit conduct, the person communicates a threat to: (A) Damage the property or harm the reputation of the other person; or (B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity;

(A) Damage the property or harm the reputation of the other person; or

(B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity;

(2) With the purpose to produce or distribute a recording of a person in a state of nudity or engaged in sexually explicit conduct, the person communicates a threat to: (A) Damage the property or harm the reputation of the other person; or (B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity;

(A) Damage the property or harm the reputation of the other person; or

(B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity;

(3) The person knowingly causes another person to engage in sexual contact or sexually explicit conduct or to produce or distribute a recording of a person in a state of nudity or engaged in sexually explicit conduct by communicating a threat to: (A) Damage the property or harm the reputation of the other person; or (B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity; or

(A) Damage the property or harm the reputation of the other person; or

(B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity; or

(4) The person knowingly demands payment of money or receipt of anything of value by communicating a threat to distribute a recording of a person engaged in sexually explicit conduct or depicted in a state of nudity.

(b) Sexual extortion is a Class B felony.

Amended by Act 2023, No. 659,§ 32, eff. 1/1/2024.

Added by Act 2017, No. 664,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 5-38-210 — AR Code / Title 5 / Chapter 38 / Subchapter 2 / Section 5-38-210
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1348,§ 1, eff. 8/16/2013. Acts 1883, No. 28, §§ 1-5, p. 50; C. & M. Dig., §§ 2533-2537; Pope's Dig., §§ 3182-3186; A.S.A. 1947, §§ 41-1966 -- 41-1970; Acts 2005, No. 1994, § 46.

Repealed by Act 2013, No. 1348,§ 1, eff. 8/16/2013.

Acts 1883, No. 28, §§ 1-5, p. 50; C. & M. Dig., §§ 2533-2537; Pope's Dig., §§ 3182-3186; A.S.A. 1947, §§ 41-1966 -- 41-1970; Acts 2005, No. 1994, § 46.
Ark. Code Ann. § 5-54-121 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-121
Tampering with a public record
Status: in_force

(a) A person commits the offense of tampering with a public record if, with the purpose of impairing the verity, legibility, or availability of a public record, he or she knowingly: (1) Makes a false entry in or falsely alters any public record; or (2) Erases, obliterates, removes, destroys, or conceals a public record. (b) (1) (A) Tampering with a public record is a Class C felony if the public record is a court record. (B) Tampering with a public record is a Class B felony if the public record is a court record and the person broke into any building or structure with the intent of tampering with a court record located in the building or structure. (2) Otherwise, tampering with a public record is a Class D felony. Acts 1975, No. 280, § 2821; A.S.A. 1947, § 41-2821; Acts 1987, No. 37, § 1; 1999, No. 1104, § 1.

(a) A person commits the offense of tampering with a public record if, with the purpose of impairing the verity, legibility, or availability of a public record, he or she knowingly: (1) Makes a false entry in or falsely alters any public record; or (2) Erases, obliterates, removes, destroys, or conceals a public record.

(1) Makes a false entry in or falsely alters any public record; or

(2) Erases, obliterates, removes, destroys, or conceals a public record.

(b) (1) (A) Tampering with a public record is a Class C felony if the public record is a court record. (B) Tampering with a public record is a Class B felony if the public record is a court record and the person broke into any building or structure with the intent of tampering with a court record located in the building or structure. (2) Otherwise, tampering with a public record is a Class D felony.

(1) (A) Tampering with a public record is a Class C felony if the public record is a court record. (B) Tampering with a public record is a Class B felony if the public record is a court record and the person broke into any building or structure with the intent of tampering with a court record located in the building or structure.

(A) Tampering with a public record is a Class C felony if the public record is a court record.

(B) Tampering with a public record is a Class B felony if the public record is a court record and the person broke into any building or structure with the intent of tampering with a court record located in the building or structure.

(2) Otherwise, tampering with a public record is a Class D felony.

Acts 1975, No. 280, § 2821; A.S.A. 1947, § 41-2821; Acts 1987, No. 37, § 1; 1999, No. 1104, § 1.
Ark. Code Ann. § 5-27-609 — AR Code / Title 5 / Chapter 27 / Subchapter 6 / Section 5-27-609
Possession of sexually explicit digital material
Status: in_force

(a) As used in this section: (1) "Nudity" means a: (A) Showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; (B) Showing of the female breast with less than fully opaque covering of any portion of the female breast below the top of the nipple; or (C) Depiction of covered male genitals in a discernibly turgid state; and (2) (A) "Sexually explicit digital material" means any photograph, digitized impact, or visual depiction of a minor: (i) In any condition of nudity; or (ii) Involved in any prohibited sexual act. (B) The distribution of sexually explicit digital material by a minor may commonly be referred to as "sexting". (b) A minor commits the offense of possession of sexually explicit digital material if the minor purposely creates, produces, distributes, presents, transmits, posts, exchanges, disseminates, or possesses through a computer, wireless communication device, or digital media, any sexually explicit digital material. (c) It is an affirmative defense to the offense of possession of sexually explicit digital material that: (1) A minor: (A) Has not solicited the sexually explicit digital material; (B) Does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the sexually explicit digital material; and (C) Deletes or destroys the sexually explicit digital material upon receipt; or (2) A minor: (A) Creates a photograph, digitized impact, or visual depiction of himself or herself; and (B) Does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the photograph, digitized impact, or visual depiction of himself or herself. (d) (1) Possession of sexually explicit digital material is a Class A misdemeanor. (2) A minor who pleads guilty or nolo contendere to or is found guilty of violating this section for a first offense may be ordered to eight (8) hours of community service. Amended by Act 2015, No. 1155,§ 7, eff. 7/22/2015. Added by Act 2013, No. 1086,§ 4, eff. 8/16/2013.

(a) As used in this section: (1) "Nudity" means a: (A) Showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; (B) Showing of the female breast with less than fully opaque covering of any portion of the female breast below the top of the nipple; or (C) Depiction of covered male genitals in a discernibly turgid state; and (2) (A) "Sexually explicit digital material" means any photograph, digitized impact, or visual depiction of a minor: (i) In any condition of nudity; or (ii) Involved in any prohibited sexual act. (B) The distribution of sexually explicit digital material by a minor may commonly be referred to as "sexting".

(1) "Nudity" means a: (A) Showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; (B) Showing of the female breast with less than fully opaque covering of any portion of the female breast below the top of the nipple; or (C) Depiction of covered male genitals in a discernibly turgid state; and

(A) Showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering;

(B) Showing of the female breast with less than fully opaque covering of any portion of the female breast below the top of the nipple; or

(C) Depiction of covered male genitals in a discernibly turgid state; and

(2) (A) "Sexually explicit digital material" means any photograph, digitized impact, or visual depiction of a minor: (i) In any condition of nudity; or (ii) Involved in any prohibited sexual act. (B) The distribution of sexually explicit digital material by a minor may commonly be referred to as "sexting".

(A) "Sexually explicit digital material" means any photograph, digitized impact, or visual depiction of a minor: (i) In any condition of nudity; or (ii) Involved in any prohibited sexual act.

(i) In any condition of nudity; or

(ii) Involved in any prohibited sexual act.

(B) The distribution of sexually explicit digital material by a minor may commonly be referred to as "sexting".

(b) A minor commits the offense of possession of sexually explicit digital material if the minor purposely creates, produces, distributes, presents, transmits, posts, exchanges, disseminates, or possesses through a computer, wireless communication device, or digital media, any sexually explicit digital material.

(c) It is an affirmative defense to the offense of possession of sexually explicit digital material that: (1) A minor: (A) Has not solicited the sexually explicit digital material; (B) Does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the sexually explicit digital material; and (C) Deletes or destroys the sexually explicit digital material upon receipt; or (2) A minor: (A) Creates a photograph, digitized impact, or visual depiction of himself or herself; and (B) Does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the photograph, digitized impact, or visual depiction of himself or herself.

(1) A minor: (A) Has not solicited the sexually explicit digital material; (B) Does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the sexually explicit digital material; and (C) Deletes or destroys the sexually explicit digital material upon receipt; or

(A) Has not solicited the sexually explicit digital material;

(B) Does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the sexually explicit digital material; and

(C) Deletes or destroys the sexually explicit digital material upon receipt; or

(2) A minor: (A) Creates a photograph, digitized impact, or visual depiction of himself or herself; and (B) Does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the photograph, digitized impact, or visual depiction of himself or herself.

(A) Creates a photograph, digitized impact, or visual depiction of himself or herself; and

(B) Does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the photograph, digitized impact, or visual depiction of himself or herself.

(d) (1) Possession of sexually explicit digital material is a Class A misdemeanor. (2) A minor who pleads guilty or nolo contendere to or is found guilty of violating this section for a first offense may be ordered to eight (8) hours of community service.

(1) Possession of sexually explicit digital material is a Class A misdemeanor.

(2) A minor who pleads guilty or nolo contendere to or is found guilty of violating this section for a first offense may be ordered to eight (8) hours of community service.

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

Added by Act 2013, No. 1086,§ 4, eff. 8/16/2013.
Ark. Code Ann. § 5-1-105 — AR Code / Title 5 / Chapter 1 / Section 5-1-105
Offenses - Court authority not limited
Status: in_force

(a) An offense is conduct for which a sentence to a term of imprisonment or fine or both is authorized by statute. (b) An offense is classified as follows: (1) Felony; (2) Misdemeanor; or (3) Violation. (c) Nothing in the Arkansas Criminal Code shall be construed to limit the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order, judgment, or decree. Acts 1975, No. 280, § 111; A.S.A. 1947, § 41-111.

(a) An offense is conduct for which a sentence to a term of imprisonment or fine or both is authorized by statute.

(b) An offense is classified as follows: (1) Felony; (2) Misdemeanor; or (3) Violation.

(1) Felony;

(2) Misdemeanor; or

(3) Violation.

(c) Nothing in the Arkansas Criminal Code shall be construed to limit the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order, judgment, or decree.

Acts 1975, No. 280, § 111; A.S.A. 1947, § 41-111.
Ark. Code Ann. § 5-4-802 — AR Code / Title 5 / Chapter 4 / Subchapter 8 / Section 5-4-802
Rules
Status: in_force

The Board of Corrections shall promulgate necessary rules to be followed by a government entity in the supervision of eligible offenders sentenced under this subchapter. Amended by Act 2013, No. 1125,§ 2, eff. 8/16/2013. Acts 2011, No. 570, § 21.

The Board of Corrections shall promulgate necessary rules to be followed by a government entity in the supervision of eligible offenders sentenced under this subchapter.

Amended by Act 2013, No. 1125,§ 2, eff. 8/16/2013.

Acts 2011, No. 570, § 21.
Ark. Code Ann. § 5-77-202 — AR Code / Title 5 / Chapter 77 / Subchapter 2 / Section 5-77-202
Law enforcement insignia sales
Status: in_force

(a) (1) It is unlawful to sell official law enforcement insignia to any person other than a law enforcement officer. (2) It is unlawful for a person other than a law enforcement officer to buy official law enforcement insignia. (b) Before selling official law enforcement insignia, the seller shall require the buyer to provide identification that legally demonstrates that the buyer is currently employed as a law enforcement officer or is currently an appointed auxiliary law enforcement officer. (c) A violation of this section is a Class D felony. (d) As used in this section: (1) "Auxiliary law enforcement officer" means the same as defined in § 12-9-301 ; and (2) "Official law enforcement insignia" means those items relating to the performance of a person's duty as a law enforcement officer when the items are formally sanctioned by the law enforcement agency employing the person. Amended by Act 2017, No. 439,§ 2, eff. 8/1/2017. Acts 1997, No. 1281, § 2.

(a) (1) It is unlawful to sell official law enforcement insignia to any person other than a law enforcement officer. (2) It is unlawful for a person other than a law enforcement officer to buy official law enforcement insignia.

(1) It is unlawful to sell official law enforcement insignia to any person other than a law enforcement officer.

(2) It is unlawful for a person other than a law enforcement officer to buy official law enforcement insignia.

(b) Before selling official law enforcement insignia, the seller shall require the buyer to provide identification that legally demonstrates that the buyer is currently employed as a law enforcement officer or is currently an appointed auxiliary law enforcement officer.

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

(d) As used in this section: (1) "Auxiliary law enforcement officer" means the same as defined in § 12-9-301 ; and (2) "Official law enforcement insignia" means those items relating to the performance of a person's duty as a law enforcement officer when the items are formally sanctioned by the law enforcement agency employing the person.

(1) "Auxiliary law enforcement officer" means the same as defined in § 12-9-301 ; and

(2) "Official law enforcement insignia" means those items relating to the performance of a person's duty as a law enforcement officer when the items are formally sanctioned by the law enforcement agency employing the person.

Amended by Act 2017, No. 439,§ 2, eff. 8/1/2017.

Acts 1997, No. 1281, § 2.
Ark. Code Ann. § 5-71-213 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-213
Loitering
Status: in_force

(a) A person commits the offense of loitering if he or she: (1) Lingers, remains, or prowls in a public place or the premises of another person without apparent reason and under circumstances that warrant alarm or concern for the safety of persons or property in the vicinity and, upon inquiry by a law enforcement officer, refuses to identify himself or herself and give a reasonably credible account of his or her presence and purpose; (2) Lingers, remains, or prowls in or near a school building, not having any reason or relationship involving custody of or responsibility for a student and not having written permission from anyone authorized to grant permission; (3) Lingers or remains on a sidewalk, roadway, or public right-of-way, in a public parking lot or public transportation vehicle or facility, or on private property: (A) In a harassing or threatening manner; (B) In a way likely to cause alarm to another person; or (C) Under circumstances that create a traffic hazard or impediment; (4) Lingers or remains in a public place for the purpose of unlawful gambling; (5) Lingers or remains in a public place for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual activity; (6) Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or using a controlled substance; (7) Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or consuming an alcoholic beverage; (8) Lingers or remains on or about the premises of another person for the purpose of spying upon or invading the privacy of another person; or (9) Lingers or remains on or about the premises of any off-site customer-bank communication terminal without any legitimate purpose. (b) Among the circumstances that may be considered in determining whether a person is loitering are that the person: (1) Takes flight upon the appearance of a law enforcement officer; (2) Refuses to identify himself or herself; (3) Manifestly endeavors to conceal himself or herself or any object; or (4) Has acted in a harassing or threatening manner or in a way likely to cause alarm to another person after sunset or before sunrise. (c) Unless flight by the actor or another circumstance makes it impracticable, prior to an arrest for an offense under subdivision (a)(1) of this section a law enforcement officer shall afford the actor an opportunity to dispel any alarm that would otherwise be warranted by requesting the actor to identify himself or herself and explain his or her presence and conduct. (d) It is a defense to a prosecution under subdivision (a)(1) of this section if: (1) The law enforcement officer did not afford the defendant an opportunity to identify himself or herself and explain his or her presence and conduct; or (2) It appears at trial that an explanation given by the defendant to the law enforcement officer was true and, if believed by the law enforcement officer at that time, would have dispelled the alarm. (e) Loitering is a Class C misdemeanor. Amended by Act 2023, No. 255,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 380,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 847,§ 1, eff. 8/1/2017. Acts 1975, No. 280, § 2914; A.S.A. 1947, § 41-2914; Acts 1995, No. 557, § 1; 1995, No. 1107, § 1.

(a) A person commits the offense of loitering if he or she: (1) Lingers, remains, or prowls in a public place or the premises of another person without apparent reason and under circumstances that warrant alarm or concern for the safety of persons or property in the vicinity and, upon inquiry by a law enforcement officer, refuses to identify himself or herself and give a reasonably credible account of his or her presence and purpose; (2) Lingers, remains, or prowls in or near a school building, not having any reason or relationship involving custody of or responsibility for a student and not having written permission from anyone authorized to grant permission; (3) Lingers or remains on a sidewalk, roadway, or public right-of-way, in a public parking lot or public transportation vehicle or facility, or on private property: (A) In a harassing or threatening manner; (B) In a way likely to cause alarm to another person; or (C) Under circumstances that create a traffic hazard or impediment; (4) Lingers or remains in a public place for the purpose of unlawful gambling; (5) Lingers or remains in a public place for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual activity; (6) Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or using a controlled substance; (7) Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or consuming an alcoholic beverage; (8) Lingers or remains on or about the premises of another person for the purpose of spying upon or invading the privacy of another person; or (9) Lingers or remains on or about the premises of any off-site customer-bank communication terminal without any legitimate purpose.

(1) Lingers, remains, or prowls in a public place or the premises of another person without apparent reason and under circumstances that warrant alarm or concern for the safety of persons or property in the vicinity and, upon inquiry by a law enforcement officer, refuses to identify himself or herself and give a reasonably credible account of his or her presence and purpose;

(2) Lingers, remains, or prowls in or near a school building, not having any reason or relationship involving custody of or responsibility for a student and not having written permission from anyone authorized to grant permission;

(3) Lingers or remains on a sidewalk, roadway, or public right-of-way, in a public parking lot or public transportation vehicle or facility, or on private property: (A) In a harassing or threatening manner; (B) In a way likely to cause alarm to another person; or (C) Under circumstances that create a traffic hazard or impediment;

(A) In a harassing or threatening manner;

(B) In a way likely to cause alarm to another person; or

(C) Under circumstances that create a traffic hazard or impediment;

(4) Lingers or remains in a public place for the purpose of unlawful gambling;

(5) Lingers or remains in a public place for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual activity;

(6) Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or using a controlled substance;

(7) Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or consuming an alcoholic beverage;

(8) Lingers or remains on or about the premises of another person for the purpose of spying upon or invading the privacy of another person; or

(9) Lingers or remains on or about the premises of any off-site customer-bank communication terminal without any legitimate purpose.

(b) Among the circumstances that may be considered in determining whether a person is loitering are that the person: (1) Takes flight upon the appearance of a law enforcement officer; (2) Refuses to identify himself or herself; (3) Manifestly endeavors to conceal himself or herself or any object; or (4) Has acted in a harassing or threatening manner or in a way likely to cause alarm to another person after sunset or before sunrise.

(1) Takes flight upon the appearance of a law enforcement officer;

(2) Refuses to identify himself or herself;

(3) Manifestly endeavors to conceal himself or herself or any object; or

(4) Has acted in a harassing or threatening manner or in a way likely to cause alarm to another person after sunset or before sunrise.

(c) Unless flight by the actor or another circumstance makes it impracticable, prior to an arrest for an offense under subdivision (a)(1) of this section a law enforcement officer shall afford the actor an opportunity to dispel any alarm that would otherwise be warranted by requesting the actor to identify himself or herself and explain his or her presence and conduct.

(d) It is a defense to a prosecution under subdivision (a)(1) of this section if: (1) The law enforcement officer did not afford the defendant an opportunity to identify himself or herself and explain his or her presence and conduct; or (2) It appears at trial that an explanation given by the defendant to the law enforcement officer was true and, if believed by the law enforcement officer at that time, would have dispelled the alarm.

(1) The law enforcement officer did not afford the defendant an opportunity to identify himself or herself and explain his or her presence and conduct; or

(2) It appears at trial that an explanation given by the defendant to the law enforcement officer was true and, if believed by the law enforcement officer at that time, would have dispelled the alarm.

(e) Loitering is a Class C misdemeanor.

Amended by Act 2023, No. 255,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 380,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 847,§ 1, eff. 8/1/2017.

Acts 1975, No. 280, § 2914; A.S.A. 1947, § 41-2914; Acts 1995, No. 557, § 1; 1995, No. 1107, § 1.
Ark. Code Ann. § 5-16-101 — AR Code / Title 5 / Chapter 16 / Section 5-16-101
Crime of video voyeurism
Status: in_force

(a) It is unlawful for a person to use a camera, videotape, photo-optical, photoelectric, or other image recording device for the purpose of secretly observing, viewing, photographing, filming, or videotaping another person who is present in a residence, place of business, school, or other structure, or a room or particular location within that structure, if the other person: (1) Is in a private area out of public view; (2) Has a reasonable expectation of privacy; and (3) Has not consented to the observing, viewing, photographing, filming, or videotaping. (b) It is unlawful for a person to knowingly use an unmanned vehicle or aircraft, a camcorder, a motion picture camera, a photographic camera of any type, or other equipment that is concealed, operated in a manner to escape detection, or disguised to secretly or surreptitiously videotape, film, photograph, record, or view by electronic means another person: (1) For the purpose of viewing any portion of the other person's body and for which the other person has a reasonable expectation of privacy; (2) Without the knowledge or consent of the other person; and (3) Under circumstances in which the other person has a reasonable expectation of privacy. (c) (1) A person who violates subsection (a) of this section upon conviction is guilty of a: (A) Class D felony for a first or second offense; (B) Class C felony for a third or subsequent offense; or (C) Class C felony if the victim is under fourteen (14) years of age. (2) (A) A person who violates subsection (b) of this section upon conviction is guilty of a Class B misdemeanor. (B) However, a person who violates subsection (b) of this section upon conviction is guilty of a Class A misdemeanor if the person: (i) Distributed or transmitted the video recording, film, or photo to another person; (ii) Posted the video recording, film, or photo in a format accessible by another person via the internet; or (iii) Has previously been convicted of a violation of this section or § 5-16-102 . (d) This section does not apply to: (1) Video recording or monitoring conducted under a court order from a court of competent jurisdiction; (2) Security monitoring operated by or at the direction of an occupant of a residence; (3) Security monitoring operated by or at the direction of the owner or administrator of a place of business, school, or other structure; (4) Security monitoring operated in a motor vehicle used for public transit; (5) Security monitoring and observation associated with a correctional facility, regardless of the location of the monitoring equipment; (6) Video recording or monitoring conducted by a law enforcement officer within the official scope of his or her duty; or (7) Videotaping under § 12-18-615(b) . Amended by Act 2021, No. 822,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 597,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 461,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 293,§ 1, eff. 7/22/2015. Acts 1999, No. 757, § 1; 2001, No. 532, § 1; 2007, No. 187, § 1; 2009, No. 330, § 1; 2009, No. 758, § 5.

(a) It is unlawful for a person to use a camera, videotape, photo-optical, photoelectric, or other image recording device for the purpose of secretly observing, viewing, photographing, filming, or videotaping another person who is present in a residence, place of business, school, or other structure, or a room or particular location within that structure, if the other person: (1) Is in a private area out of public view; (2) Has a reasonable expectation of privacy; and (3) Has not consented to the observing, viewing, photographing, filming, or videotaping.

(1) Is in a private area out of public view;

(2) Has a reasonable expectation of privacy; and

(3) Has not consented to the observing, viewing, photographing, filming, or videotaping.

(b) It is unlawful for a person to knowingly use an unmanned vehicle or aircraft, a camcorder, a motion picture camera, a photographic camera of any type, or other equipment that is concealed, operated in a manner to escape detection, or disguised to secretly or surreptitiously videotape, film, photograph, record, or view by electronic means another person: (1) For the purpose of viewing any portion of the other person's body and for which the other person has a reasonable expectation of privacy; (2) Without the knowledge or consent of the other person; and (3) Under circumstances in which the other person has a reasonable expectation of privacy.

(1) For the purpose of viewing any portion of the other person's body and for which the other person has a reasonable expectation of privacy;

(2) Without the knowledge or consent of the other person; and

(3) Under circumstances in which the other person has a reasonable expectation of privacy.

(c) (1) A person who violates subsection (a) of this section upon conviction is guilty of a: (A) Class D felony for a first or second offense; (B) Class C felony for a third or subsequent offense; or (C) Class C felony if the victim is under fourteen (14) years of age. (2) (A) A person who violates subsection (b) of this section upon conviction is guilty of a Class B misdemeanor. (B) However, a person who violates subsection (b) of this section upon conviction is guilty of a Class A misdemeanor if the person: (i) Distributed or transmitted the video recording, film, or photo to another person; (ii) Posted the video recording, film, or photo in a format accessible by another person via the internet; or (iii) Has previously been convicted of a violation of this section or § 5-16-102 .

(1) A person who violates subsection (a) of this section upon conviction is guilty of a: (A) Class D felony for a first or second offense; (B) Class C felony for a third or subsequent offense; or (C) Class C felony if the victim is under fourteen (14) years of age.

(A) Class D felony for a first or second offense;

(B) Class C felony for a third or subsequent offense; or

(C) Class C felony if the victim is under fourteen (14) years of age.

(2) (A) A person who violates subsection (b) of this section upon conviction is guilty of a Class B misdemeanor. (B) However, a person who violates subsection (b) of this section upon conviction is guilty of a Class A misdemeanor if the person: (i) Distributed or transmitted the video recording, film, or photo to another person; (ii) Posted the video recording, film, or photo in a format accessible by another person via the internet; or (iii) Has previously been convicted of a violation of this section or § 5-16-102 .

(A) A person who violates subsection (b) of this section upon conviction is guilty of a Class B misdemeanor.

(B) However, a person who violates subsection (b) of this section upon conviction is guilty of a Class A misdemeanor if the person: (i) Distributed or transmitted the video recording, film, or photo to another person; (ii) Posted the video recording, film, or photo in a format accessible by another person via the internet; or (iii) Has previously been convicted of a violation of this section or § 5-16-102 .

(i) Distributed or transmitted the video recording, film, or photo to another person;

(ii) Posted the video recording, film, or photo in a format accessible by another person via the internet; or

(iii) Has previously been convicted of a violation of this section or § 5-16-102 .

(d) This section does not apply to: (1) Video recording or monitoring conducted under a court order from a court of competent jurisdiction; (2) Security monitoring operated by or at the direction of an occupant of a residence; (3) Security monitoring operated by or at the direction of the owner or administrator of a place of business, school, or other structure; (4) Security monitoring operated in a motor vehicle used for public transit; (5) Security monitoring and observation associated with a correctional facility, regardless of the location of the monitoring equipment; (6) Video recording or monitoring conducted by a law enforcement officer within the official scope of his or her duty; or (7) Videotaping under § 12-18-615(b) .

(1) Video recording or monitoring conducted under a court order from a court of competent jurisdiction;

(2) Security monitoring operated by or at the direction of an occupant of a residence;

(3) Security monitoring operated by or at the direction of the owner or administrator of a place of business, school, or other structure;

(4) Security monitoring operated in a motor vehicle used for public transit;

(5) Security monitoring and observation associated with a correctional facility, regardless of the location of the monitoring equipment;

(6) Video recording or monitoring conducted by a law enforcement officer within the official scope of his or her duty; or

(7) Videotaping under § 12-18-615(b) .

Amended by Act 2021, No. 822,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 597,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 461,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 293,§ 1, eff. 7/22/2015.

Acts 1999, No. 757, § 1; 2001, No. 532, § 1; 2007, No. 187, § 1; 2009, No. 330, § 1; 2009, No. 758, § 5.
Ark. Code Ann. § 5-2-602 — AR Code / Title 5 / Chapter 2 / Subchapter 6 / Section 5-2-602
Defense
Status: in_force

In a prosecution for an offense, justification as defined in this subchapter is a defense. Acts 1975, No. 280, § 502; A.S.A. 1947, § 41-502.

In a prosecution for an offense, justification as defined in this subchapter is a defense.

Acts 1975, No. 280, § 502; A.S.A. 1947, § 41-502.
Ark. Code Ann. § 5-37-510 — AR Code / Title 5 / Chapter 37 / Subchapter 5 / Section 5-37-510
Unauthorized copying or sale of recordings
Status: in_force

(a) As used in this section: (1) "Owner" means the person who owns the: (A) Original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film, or other device used for reproducing a sound on a recording upon which sound is recorded and from which the transferred recorded sound is directly derived; or (B) Right to record a live performance; (2) "Person" means any individual, firm, partnership, corporation, or association; and (3) "Recording" means the tangible medium on which sound or image is recorded or otherwise stored and includes any phonograph record, audio or video disc, audio or video tape, wire, film, or other medium now known or later developed on which a sound or image is recorded or otherwise stored. (b) It is unlawful for any person for commercial advantage or private financial gain knowingly to: (1) Transfer or cause to be transferred any sound recorded on a phonograph record, disc, wire, tape, film, or other article on which a sound is recorded, or any live performance, onto any recording without the consent of the owner; or (2) Sell, distribute, circulate, offer for sale, distribution, or circulation, possess for the purpose of sale, distribution, or circulation, cause to be sold, distributed, or circulated, offered for sale, distribution, or circulation, or possessed for sale, distribution, or circulation, any recording on which a sound or a performance has been transferred, knowing it to have been made without the consent of the owner. (c) It is unlawful for any person for commercial advantage or private financial gain to sell, distribute, circulate, offer for sale, distribution, or circulation, or possess for the purposes of sale, distribution, or circulation, any recording on which a sound or image has been transferred unless the recording bears the actual name and address of the transferor of the sound or image in a prominent place on the recording's outside face, label, cover, jacket, or package. (d) This section does not apply to any person who transfers or causes to be transferred any sound or image: (1) Intended for or in connection with radio or television broadcast transmission, for communication media, or a related use; (2) For an archival purpose; (3) For an educational purpose, with no compensation being derived as a result of the transfer; (4) For the internal operation of a business; (5) With prior authorization by a court of competent jurisdiction; or (6) Solely for the personal use of the person transferring or causing the transfer if the person transferring or causing the transfer has no intention to evade a provision or intent of this section if proof of intent is an element of the offense. (e) (1) Upon conviction, any person violating a provision of this section is guilty of a Class A misdemeanor for the first offense involving fewer than one hundred (100) sound recordings or fewer than seven (7) audiovisual recordings. (2) For a subsequent offense, and for an offense involving one hundred (100) or more sound recordings or seven (7) or more audiovisual recordings, the person is guilty of a Class D felony and is subject to an additional fine not to exceed two hundred fifty thousand dollars ($250,000). (f) This section does not enlarge or diminish the right of a party in private litigation. (g) When a person is convicted of any violation of this section, the court in its judgment of conviction shall order the forfeiture and destruction or other disposition of any recording that does not conform to a requirement of this section and any implement, device, label, or equipment used in the manufacture of the recording. (h) (1) Upon discovery, it is the duty of any law enforcement officer to confiscate any recording that does not conform to a provision of this section. (2) It is the duty of law enforcement, by court order, to destroy or otherwise dispose of a recording described in subdivision (h)(1) of this section. Acts 1977, No. 764, §§ 1, 2; A.S.A. 1947, §§ 41-2375, 41-2376; Acts 1991, No. 490, § 1; 1999, No. 1578, § 2; 2005, No. 1994, § 461.

(a) As used in this section: (1) "Owner" means the person who owns the: (A) Original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film, or other device used for reproducing a sound on a recording upon which sound is recorded and from which the transferred recorded sound is directly derived; or (B) Right to record a live performance; (2) "Person" means any individual, firm, partnership, corporation, or association; and (3) "Recording" means the tangible medium on which sound or image is recorded or otherwise stored and includes any phonograph record, audio or video disc, audio or video tape, wire, film, or other medium now known or later developed on which a sound or image is recorded or otherwise stored.

(1) "Owner" means the person who owns the: (A) Original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film, or other device used for reproducing a sound on a recording upon which sound is recorded and from which the transferred recorded sound is directly derived; or (B) Right to record a live performance;

(A) Original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film, or other device used for reproducing a sound on a recording upon which sound is recorded and from which the transferred recorded sound is directly derived; or

(B) Right to record a live performance;

(2) "Person" means any individual, firm, partnership, corporation, or association; and

(3) "Recording" means the tangible medium on which sound or image is recorded or otherwise stored and includes any phonograph record, audio or video disc, audio or video tape, wire, film, or other medium now known or later developed on which a sound or image is recorded or otherwise stored.

(b) It is unlawful for any person for commercial advantage or private financial gain knowingly to: (1) Transfer or cause to be transferred any sound recorded on a phonograph record, disc, wire, tape, film, or other article on which a sound is recorded, or any live performance, onto any recording without the consent of the owner; or (2) Sell, distribute, circulate, offer for sale, distribution, or circulation, possess for the purpose of sale, distribution, or circulation, cause to be sold, distributed, or circulated, offered for sale, distribution, or circulation, or possessed for sale, distribution, or circulation, any recording on which a sound or a performance has been transferred, knowing it to have been made without the consent of the owner.

(1) Transfer or cause to be transferred any sound recorded on a phonograph record, disc, wire, tape, film, or other article on which a sound is recorded, or any live performance, onto any recording without the consent of the owner; or

(2) Sell, distribute, circulate, offer for sale, distribution, or circulation, possess for the purpose of sale, distribution, or circulation, cause to be sold, distributed, or circulated, offered for sale, distribution, or circulation, or possessed for sale, distribution, or circulation, any recording on which a sound or a performance has been transferred, knowing it to have been made without the consent of the owner.

(c) It is unlawful for any person for commercial advantage or private financial gain to sell, distribute, circulate, offer for sale, distribution, or circulation, or possess for the purposes of sale, distribution, or circulation, any recording on which a sound or image has been transferred unless the recording bears the actual name and address of the transferor of the sound or image in a prominent place on the recording's outside face, label, cover, jacket, or package.

(d) This section does not apply to any person who transfers or causes to be transferred any sound or image: (1) Intended for or in connection with radio or television broadcast transmission, for communication media, or a related use; (2) For an archival purpose; (3) For an educational purpose, with no compensation being derived as a result of the transfer; (4) For the internal operation of a business; (5) With prior authorization by a court of competent jurisdiction; or (6) Solely for the personal use of the person transferring or causing the transfer if the person transferring or causing the transfer has no intention to evade a provision or intent of this section if proof of intent is an element of the offense.

(1) Intended for or in connection with radio or television broadcast transmission, for communication media, or a related use;

(2) For an archival purpose;

(3) For an educational purpose, with no compensation being derived as a result of the transfer;

(4) For the internal operation of a business;

(5) With prior authorization by a court of competent jurisdiction; or

(6) Solely for the personal use of the person transferring or causing the transfer if the person transferring or causing the transfer has no intention to evade a provision or intent of this section if proof of intent is an element of the offense.

(e) (1) Upon conviction, any person violating a provision of this section is guilty of a Class A misdemeanor for the first offense involving fewer than one hundred (100) sound recordings or fewer than seven (7) audiovisual recordings. (2) For a subsequent offense, and for an offense involving one hundred (100) or more sound recordings or seven (7) or more audiovisual recordings, the person is guilty of a Class D felony and is subject to an additional fine not to exceed two hundred fifty thousand dollars ($250,000).

(1) Upon conviction, any person violating a provision of this section is guilty of a Class A misdemeanor for the first offense involving fewer than one hundred (100) sound recordings or fewer than seven (7) audiovisual recordings.

(2) For a subsequent offense, and for an offense involving one hundred (100) or more sound recordings or seven (7) or more audiovisual recordings, the person is guilty of a Class D felony and is subject to an additional fine not to exceed two hundred fifty thousand dollars ($250,000).

(f) This section does not enlarge or diminish the right of a party in private litigation.

(g) When a person is convicted of any violation of this section, the court in its judgment of conviction shall order the forfeiture and destruction or other disposition of any recording that does not conform to a requirement of this section and any implement, device, label, or equipment used in the manufacture of the recording.

(h) (1) Upon discovery, it is the duty of any law enforcement officer to confiscate any recording that does not conform to a provision of this section. (2) It is the duty of law enforcement, by court order, to destroy or otherwise dispose of a recording described in subdivision (h)(1) of this section.

(1) Upon discovery, it is the duty of any law enforcement officer to confiscate any recording that does not conform to a provision of this section.

(2) It is the duty of law enforcement, by court order, to destroy or otherwise dispose of a recording described in subdivision (h)(1) of this section.

Acts 1977, No. 764, §§ 1, 2; A.S.A. 1947, §§ 41-2375, 41-2376; Acts 1991, No. 490, § 1; 1999, No. 1578, § 2; 2005, No. 1994, § 461.
Ark. Code Ann. § 5-64-414 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-414
Controlled substance analog
Status: in_force

(a) (1) "Controlled substance analog" means a substance: (A) The chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or Schedule II or that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II; or (B) With respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II. (2) "Controlled substance analog" does not include: (A) A controlled substance; (B) A substance for which there is an approved new drug application; (C) A substance with respect to which an exemption is in effect for investigational use by a particular person under § 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 355 , to the extent conduct with respect to the substance is pursuant to the exemption; or (D) Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance. (b) A controlled substance analog, to the extent intended for human consumption, is treated for the purposes of this chapter as a substance included in Schedule I. (c) Within ten (10) days after the initiation of prosecution with respect to a controlled substance analog by indictment or information, the prosecuting attorney shall notify the Secretary of the Department of Health of information relevant to emergency scheduling as provided for in § 5-64-201(a) . (d) After final determination that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may continue or take place. Amended by Act 2019, No. 910,§ 4844, eff. 7/1/2019. Acts 1989 (3rd Ex. Sess.), No. 84, § 1; 2005, No. 1994, § 306.

(a) (1) "Controlled substance analog" means a substance: (A) The chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or Schedule II or that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II; or (B) With respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II. (2) "Controlled substance analog" does not include: (A) A controlled substance; (B) A substance for which there is an approved new drug application; (C) A substance with respect to which an exemption is in effect for investigational use by a particular person under § 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 355 , to the extent conduct with respect to the substance is pursuant to the exemption; or (D) Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.

(1) "Controlled substance analog" means a substance: (A) The chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or Schedule II or that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II; or (B) With respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II.

(A) The chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or Schedule II or that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II; or

(B) With respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II.

(2) "Controlled substance analog" does not include: (A) A controlled substance; (B) A substance for which there is an approved new drug application; (C) A substance with respect to which an exemption is in effect for investigational use by a particular person under § 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 355 , to the extent conduct with respect to the substance is pursuant to the exemption; or (D) Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.

(A) A controlled substance;

(B) A substance for which there is an approved new drug application;

(C) A substance with respect to which an exemption is in effect for investigational use by a particular person under § 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 355 , to the extent conduct with respect to the substance is pursuant to the exemption; or

(D) Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.

(b) A controlled substance analog, to the extent intended for human consumption, is treated for the purposes of this chapter as a substance included in Schedule I.

(c) Within ten (10) days after the initiation of prosecution with respect to a controlled substance analog by indictment or information, the prosecuting attorney shall notify the Secretary of the Department of Health of information relevant to emergency scheduling as provided for in § 5-64-201(a) .

(d) After final determination that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may continue or take place.

Amended by Act 2019, No. 910,§ 4844, eff. 7/1/2019.

Acts 1989 (3rd Ex. Sess.), No. 84, § 1; 2005, No. 1994, § 306.
Ark. Code Ann. § 5-69-102 — AR Code / Title 5 / Chapter 69 / Section 5-69-102
Carbon black
Status: in_force

(a) The use of natural gas within the State of Arkansas for the purpose of obtaining the carbon black content by the process of burning is prohibited. (b) The erection, enlargement, maintenance, and operation of any plant in the State of Arkansas for the purpose of burning natural gas to obtain from the natural gas the carbon black content is prohibited within this state. (c) No person, firm, or corporation owning or operating any gas well within this state shall: (1) Use any part of the gas produced from the gas well for the purpose of obtaining the carbon black content of the gas by the process of burning; or (2) Sell or deliver any part of the gas produced from the gas well to any other person, firm, or corporation for use by that person, firm, or corporation in obtaining the carbon black content of the gas by the process of burning the gas. (d) (1) The erection, maintenance, or operation of any carbon black plant in violation of this section or the use, sale, or delivery of any natural gas from any gas well in this state in violation of a provision of this section is declared a public nuisance. (2) The Attorney General and the several prosecuting attorneys of this state shall proceed in the name of the State of Arkansas in any court of competent jurisdiction by injunction, mandamus, or other appropriate remedy for the abatement of a public nuisance under subdivision (d)(1) of this section. (e) (1) Any person, firm, or corporation violating any provision of this section is guilty of a violation and upon conviction shall be fined in any sum not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000). (2) Each day that any plant is operated for the purpose of manufacturing carbon black or each day that any gas is used, sold, or delivered from any gas well in violation of a provision of this section is deemed a separate offense. (f) Nothing in this section shall be construed as prohibiting the use of casing-head gas, produced from any oil well, in the manufacture of carbon black. Acts 1925, No. 350, §§ 1-6; Pope's Dig., §§ 3122-3127; A.S.A. 1947, §§ 41-3653 -- 41-3658; Acts 2005, No. 1994, § 56; 2007, No. 827, § 91.

(a) The use of natural gas within the State of Arkansas for the purpose of obtaining the carbon black content by the process of burning is prohibited.

(b) The erection, enlargement, maintenance, and operation of any plant in the State of Arkansas for the purpose of burning natural gas to obtain from the natural gas the carbon black content is prohibited within this state.

(c) No person, firm, or corporation owning or operating any gas well within this state shall: (1) Use any part of the gas produced from the gas well for the purpose of obtaining the carbon black content of the gas by the process of burning; or (2) Sell or deliver any part of the gas produced from the gas well to any other person, firm, or corporation for use by that person, firm, or corporation in obtaining the carbon black content of the gas by the process of burning the gas.

(1) Use any part of the gas produced from the gas well for the purpose of obtaining the carbon black content of the gas by the process of burning; or

(2) Sell or deliver any part of the gas produced from the gas well to any other person, firm, or corporation for use by that person, firm, or corporation in obtaining the carbon black content of the gas by the process of burning the gas.

(d) (1) The erection, maintenance, or operation of any carbon black plant in violation of this section or the use, sale, or delivery of any natural gas from any gas well in this state in violation of a provision of this section is declared a public nuisance. (2) The Attorney General and the several prosecuting attorneys of this state shall proceed in the name of the State of Arkansas in any court of competent jurisdiction by injunction, mandamus, or other appropriate remedy for the abatement of a public nuisance under subdivision (d)(1) of this section.

(1) The erection, maintenance, or operation of any carbon black plant in violation of this section or the use, sale, or delivery of any natural gas from any gas well in this state in violation of a provision of this section is declared a public nuisance.

(2) The Attorney General and the several prosecuting attorneys of this state shall proceed in the name of the State of Arkansas in any court of competent jurisdiction by injunction, mandamus, or other appropriate remedy for the abatement of a public nuisance under subdivision (d)(1) of this section.

(e) (1) Any person, firm, or corporation violating any provision of this section is guilty of a violation and upon conviction shall be fined in any sum not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000). (2) Each day that any plant is operated for the purpose of manufacturing carbon black or each day that any gas is used, sold, or delivered from any gas well in violation of a provision of this section is deemed a separate offense.

(1) Any person, firm, or corporation violating any provision of this section is guilty of a violation and upon conviction shall be fined in any sum not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000).

(2) Each day that any plant is operated for the purpose of manufacturing carbon black or each day that any gas is used, sold, or delivered from any gas well in violation of a provision of this section is deemed a separate offense.

(f) Nothing in this section shall be construed as prohibiting the use of casing-head gas, produced from any oil well, in the manufacture of carbon black.

Acts 1925, No. 350, §§ 1-6; Pope's Dig., §§ 3122-3127; A.S.A. 1947, §§ 41-3653 -- 41-3658; Acts 2005, No. 1994, § 56; 2007, No. 827, § 91.
Ark. Code Ann. § 5-67-107 — AR Code / Title 5 / Chapter 67 / Section 5-67-107
Solicitation on or near a highway
Status: in_force

(a) It is unlawful for any person to solicit a donation or offer to sell any item or service: (1) On a state highway; (2) Within ten feet (10') of a state highway, if there is not a sidewalk along the highway; or (3) Between the highway and a sidewalk, if there is a sidewalk within ten feet (10') of the highway. (b) A violation of this section is a Class C misdemeanor. Acts 1993, No. 980, § 1.

(a) It is unlawful for any person to solicit a donation or offer to sell any item or service: (1) On a state highway; (2) Within ten feet (10') of a state highway, if there is not a sidewalk along the highway; or (3) Between the highway and a sidewalk, if there is a sidewalk within ten feet (10') of the highway.

(1) On a state highway;

(2) Within ten feet (10') of a state highway, if there is not a sidewalk along the highway; or

(3) Between the highway and a sidewalk, if there is a sidewalk within ten feet (10') of the highway.

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

Acts 1993, No. 980, § 1.
Ark. Code Ann. § 5-36-126 — AR Code / Title 5 / Chapter 36 / Subchapter 1 / Section 5-36-126
Theft of a catalytic converter - Unauthorized possession of a catalytic converter
Status: in_force

(a) As used in this section: (1) "Catalytic converter" means an exhaust emission control device that reduces toxic gases and pollutants from internal combustion engines; and (2) "Permanently marked" means marked in a permanent manner, including without limitation engraving or permanent ink, that clearly and legibly indicates the: (A) Date the catalytic converter was removed from the motor vehicle; and (B) Vehicle identification number, the last eight (8) digits of the vehicle identification number, or a stock number within an electronic database associated with a single vehicle identification number of the motor vehicle the catalytic converter was removed from. (b) A person commits theft of a catalytic converter if he or she commits, aids, or is an accomplice to a commission of theft of property under § 5-36-103(a) and the property is a catalytic converter. (c) A person commits unauthorized possession of a catalytic converter if the person: (1) Knowingly possesses a catalytic converter that has been removed from a motor vehicle and that is not permanently marked; and (2) Is not: (A) The owner of the motor vehicle from which the catalytic converter was removed; or (B) Possessing the catalytic converter in the ordinary course of the person's business. (d) (1) Theft of a catalytic converter is a Class C felony. (2) The court may order a person convicted of theft of a catalytic converter to pay restitution for the value of the repair or replacement of the catalytic converter. (e) Unauthorized possession of a catalytic converter is a: (1) Class C felony if the person: (A) Has a prior conviction for unauthorized possession of a catalytic converter; or (B) In the course of the unauthorized possession of a catalytic converter, the person commits or attempts, conspires, or solicits another person to commit an offense related to a catalytic converter; or (2) Class D felony if otherwise committed. Amended by Act 2023, No. 709,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 709,§ 1, eff. 8/1/2023. Added by Act 2023, No. 264,§ 1, eff. 8/1/2023.

(a) As used in this section: (1) "Catalytic converter" means an exhaust emission control device that reduces toxic gases and pollutants from internal combustion engines; and (2) "Permanently marked" means marked in a permanent manner, including without limitation engraving or permanent ink, that clearly and legibly indicates the: (A) Date the catalytic converter was removed from the motor vehicle; and (B) Vehicle identification number, the last eight (8) digits of the vehicle identification number, or a stock number within an electronic database associated with a single vehicle identification number of the motor vehicle the catalytic converter was removed from.

(1) "Catalytic converter" means an exhaust emission control device that reduces toxic gases and pollutants from internal combustion engines; and

(2) "Permanently marked" means marked in a permanent manner, including without limitation engraving or permanent ink, that clearly and legibly indicates the: (A) Date the catalytic converter was removed from the motor vehicle; and (B) Vehicle identification number, the last eight (8) digits of the vehicle identification number, or a stock number within an electronic database associated with a single vehicle identification number of the motor vehicle the catalytic converter was removed from.

(A) Date the catalytic converter was removed from the motor vehicle; and

(B) Vehicle identification number, the last eight (8) digits of the vehicle identification number, or a stock number within an electronic database associated with a single vehicle identification number of the motor vehicle the catalytic converter was removed from.

(b) A person commits theft of a catalytic converter if he or she commits, aids, or is an accomplice to a commission of theft of property under § 5-36-103(a) and the property is a catalytic converter.

(c) A person commits unauthorized possession of a catalytic converter if the person: (1) Knowingly possesses a catalytic converter that has been removed from a motor vehicle and that is not permanently marked; and (2) Is not: (A) The owner of the motor vehicle from which the catalytic converter was removed; or (B) Possessing the catalytic converter in the ordinary course of the person's business.

(1) Knowingly possesses a catalytic converter that has been removed from a motor vehicle and that is not permanently marked; and

(2) Is not: (A) The owner of the motor vehicle from which the catalytic converter was removed; or (B) Possessing the catalytic converter in the ordinary course of the person's business.

(A) The owner of the motor vehicle from which the catalytic converter was removed; or

(B) Possessing the catalytic converter in the ordinary course of the person's business.

(d) (1) Theft of a catalytic converter is a Class C felony. (2) The court may order a person convicted of theft of a catalytic converter to pay restitution for the value of the repair or replacement of the catalytic converter.

(1) Theft of a catalytic converter is a Class C felony.

(2) The court may order a person convicted of theft of a catalytic converter to pay restitution for the value of the repair or replacement of the catalytic converter.

(e) Unauthorized possession of a catalytic converter is a: (1) Class C felony if the person: (A) Has a prior conviction for unauthorized possession of a catalytic converter; or (B) In the course of the unauthorized possession of a catalytic converter, the person commits or attempts, conspires, or solicits another person to commit an offense related to a catalytic converter; or (2) Class D felony if otherwise committed.

(1) Class C felony if the person: (A) Has a prior conviction for unauthorized possession of a catalytic converter; or (B) In the course of the unauthorized possession of a catalytic converter, the person commits or attempts, conspires, or solicits another person to commit an offense related to a catalytic converter; or

(A) Has a prior conviction for unauthorized possession of a catalytic converter; or

(B) In the course of the unauthorized possession of a catalytic converter, the person commits or attempts, conspires, or solicits another person to commit an offense related to a catalytic converter; or

(2) Class D felony if otherwise committed.

Amended by Act 2023, No. 709,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 709,§ 1, eff. 8/1/2023.

Added by Act 2023, No. 264,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 5-10-106 — AR Code / Title 5 / Chapter 10 / Section 5-10-106
Physician-assisted suicide
Status: in_force

(a) (1) As used in this section, "physician-assisted suicide" means a physician or healthcare provider participating in a medical procedure or knowingly prescribing any drug, compound, or substance for the express purpose of assisting a patient to intentionally end the patient's life. (2) However, "physician-assisted suicide" does not apply to a person participating in the execution of a person sentenced by a court to death by lethal injection. (b) It is unlawful for a physician or healthcare provider to commit the offense of physician-assisted suicide by: (1) Prescribing any drug, compound, or substance to a patient with the express purpose of assisting the patient to intentionally end the patient's life; or (2) Assisting in any medical procedure for the express purpose of assisting a patient to intentionally end the patient's life. (c) Physician-assisted suicide is a Class B felony. (d) This section does not prohibit a: (1) Physician or healthcare provider from carrying out an advanced directive or living will; or (2) Physician from prescribing any drug, compound, or substance for the specific purpose of pain relief. Amended by Act 2019, No. 930,§ 1, eff. 7/24/2019. Acts 1999, No. 394, § 1; 2007, No. 827, §§ 22, 23.

(a) (1) As used in this section, "physician-assisted suicide" means a physician or healthcare provider participating in a medical procedure or knowingly prescribing any drug, compound, or substance for the express purpose of assisting a patient to intentionally end the patient's life. (2) However, "physician-assisted suicide" does not apply to a person participating in the execution of a person sentenced by a court to death by lethal injection.

(1) As used in this section, "physician-assisted suicide" means a physician or healthcare provider participating in a medical procedure or knowingly prescribing any drug, compound, or substance for the express purpose of assisting a patient to intentionally end the patient's life.

(2) However, "physician-assisted suicide" does not apply to a person participating in the execution of a person sentenced by a court to death by lethal injection.

(b) It is unlawful for a physician or healthcare provider to commit the offense of physician-assisted suicide by: (1) Prescribing any drug, compound, or substance to a patient with the express purpose of assisting the patient to intentionally end the patient's life; or (2) Assisting in any medical procedure for the express purpose of assisting a patient to intentionally end the patient's life.

(1) Prescribing any drug, compound, or substance to a patient with the express purpose of assisting the patient to intentionally end the patient's life; or

(2) Assisting in any medical procedure for the express purpose of assisting a patient to intentionally end the patient's life.

(c) Physician-assisted suicide is a Class B felony.

(d) This section does not prohibit a: (1) Physician or healthcare provider from carrying out an advanced directive or living will; or (2) Physician from prescribing any drug, compound, or substance for the specific purpose of pain relief.

(1) Physician or healthcare provider from carrying out an advanced directive or living will; or

(2) Physician from prescribing any drug, compound, or substance for the specific purpose of pain relief.

Amended by Act 2019, No. 930,§ 1, eff. 7/24/2019.

Acts 1999, No. 394, § 1; 2007, No. 827, §§ 22, 23.
Ark. Code Ann. § 5-37-307 — AR Code / Title 5 / Chapter 37 / Subchapter 3 / Section 5-37-307
Knowingly issuing worthless check
Status: in_force

(a) A person commits an offense if he or she issues or passes a check, order, draft, or any other form of presentment involving the transmission of account information for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check, order, draft, or any other form of presentment involving the transmission of account information, as well as any other check, order, draft, or any other form of presentment involving the transmission of account information outstanding at the time of issuance. (b) (1) This section and § 21-6-411 do not apply to a preexisting debt or a situation in which nothing of value was acquired. (2) However, this section and § 21-6-411 do apply to a payment of rent, child support, consignment, tax, license, fee, fine, and court costs. (c) (1) This section does not prevent the prosecuting attorney from establishing the required knowledge by direct evidence. (2) However, for purposes of this section, the issuer's knowledge of insufficient funds is presumed, except in the case of a postdated check, order, draft, or any other form of presentment involving the transmission of account information if: (A) The issuer had no account with the bank or other drawee at the time he or she issued the check, order, draft, or any other form of presentment involving the transmission of account information; or (B) Payment was refused by the bank or other drawee for lack of funds or insufficient funds on presentation within thirty (30) days after issue and the issuer failed to pay the holder in full, plus a service charge not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by a financial institution as a result of the check's not being honored, within ten (10) days after receiving notice of that refusal. (d) Notice for purposes of this section shall be by the procedure as set forth in §§ 5-37-303 and 5-37-304 . (e) If notice is given, it is presumed that the notice was received no later than five (5) days after it was sent. (f) An offense under this section is a violation and is punishable as provided in § 5-4-104 . (g) This act is cumulative to all other acts and shall not repeal any other act. Acts 1985 (1st Ex. Sess.), No. 33, §§ 1, 4; A.S.A. 1947, §§ 67-726, 67-728n; Acts 1987, No. 69, § 2; 1987, No. 678, § 2; 1991, No. 1051, § 2; 1995, No. 335, § 4; 2001, No. 996, § 4; 2001, No. 1466, § 4; 2011, No. 1012, § 5.

(a) A person commits an offense if he or she issues or passes a check, order, draft, or any other form of presentment involving the transmission of account information for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check, order, draft, or any other form of presentment involving the transmission of account information, as well as any other check, order, draft, or any other form of presentment involving the transmission of account information outstanding at the time of issuance.

(b) (1) This section and § 21-6-411 do not apply to a preexisting debt or a situation in which nothing of value was acquired. (2) However, this section and § 21-6-411 do apply to a payment of rent, child support, consignment, tax, license, fee, fine, and court costs.

(1) This section and § 21-6-411 do not apply to a preexisting debt or a situation in which nothing of value was acquired.

(2) However, this section and § 21-6-411 do apply to a payment of rent, child support, consignment, tax, license, fee, fine, and court costs.

(c) (1) This section does not prevent the prosecuting attorney from establishing the required knowledge by direct evidence. (2) However, for purposes of this section, the issuer's knowledge of insufficient funds is presumed, except in the case of a postdated check, order, draft, or any other form of presentment involving the transmission of account information if: (A) The issuer had no account with the bank or other drawee at the time he or she issued the check, order, draft, or any other form of presentment involving the transmission of account information; or (B) Payment was refused by the bank or other drawee for lack of funds or insufficient funds on presentation within thirty (30) days after issue and the issuer failed to pay the holder in full, plus a service charge not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by a financial institution as a result of the check's not being honored, within ten (10) days after receiving notice of that refusal.

(1) This section does not prevent the prosecuting attorney from establishing the required knowledge by direct evidence.

(2) However, for purposes of this section, the issuer's knowledge of insufficient funds is presumed, except in the case of a postdated check, order, draft, or any other form of presentment involving the transmission of account information if: (A) The issuer had no account with the bank or other drawee at the time he or she issued the check, order, draft, or any other form of presentment involving the transmission of account information; or (B) Payment was refused by the bank or other drawee for lack of funds or insufficient funds on presentation within thirty (30) days after issue and the issuer failed to pay the holder in full, plus a service charge not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by a financial institution as a result of the check's not being honored, within ten (10) days after receiving notice of that refusal.

(A) The issuer had no account with the bank or other drawee at the time he or she issued the check, order, draft, or any other form of presentment involving the transmission of account information; or

(B) Payment was refused by the bank or other drawee for lack of funds or insufficient funds on presentation within thirty (30) days after issue and the issuer failed to pay the holder in full, plus a service charge not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by a financial institution as a result of the check's not being honored, within ten (10) days after receiving notice of that refusal.

(d) Notice for purposes of this section shall be by the procedure as set forth in §§ 5-37-303 and 5-37-304 .

(e) If notice is given, it is presumed that the notice was received no later than five (5) days after it was sent.

(f) An offense under this section is a violation and is punishable as provided in § 5-4-104 .

(g) This act is cumulative to all other acts and shall not repeal any other act.

Acts 1985 (1st Ex. Sess.), No. 33, §§ 1, 4; A.S.A. 1947, §§ 67-726, 67-728n; Acts 1987, No. 69, § 2; 1987, No. 678, § 2; 1991, No. 1051, § 2; 1995, No. 335, § 4; 2001, No. 996, § 4; 2001, No. 1466, § 4; 2011, No. 1012, § 5.
Ark. Code Ann. § 5-64-502 — AR Code / Title 5 / Chapter 64 / Subchapter 5 / Section 5-64-502
Issuance and execution of administrative inspection warrants
Status: in_force

(a) Issuance and execution of an administrative inspection warrant shall be as follows: (1) (A) A judge of a court of record, within his or her jurisdiction, and upon proper oath or affirmation showing probable cause, may issue a warrant for the purpose of conducting an administrative inspection authorized by this chapter or a rule under this chapter, and a seizure of property appropriate to the administrative inspection. (B) For purposes of the issuance of an administrative inspection warrant, probable cause exists from showing a valid public interest in the effective enforcement of this chapter or a rule under this chapter, sufficient to justify administrative inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the administrative inspection warrant; (2) (A) An administrative inspection warrant shall issue only upon an affidavit of a designated officer or employee having knowledge of the facts alleged, sworn to before the judge or magistrate, and establishing the grounds for issuing the administrative inspection warrant. (B) If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he or she shall issue an administrative inspection warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any. (C) The administrative inspection warrant shall: (i) State the grounds for its issuance and the name of each person whose affidavit has been taken in support of it; (ii) Be directed to a person authorized by § 5-64-501 to execute it; (iii) Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified; (iv) Identify the item or types of property to be seized, if any; and (v) Direct that it be served during normal business hours and designate the judge or magistrate to whom it shall be returned; (3) (A) An administrative inspection warrant issued pursuant to this section shall be executed and returned within ten (10) days of its date unless, upon a showing of a need for additional time, the court orders otherwise. (B) If property is seized pursuant to an administrative inspection warrant, a copy of the administrative inspection warrant shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. (C) (i) The return of the administrative inspection warrant shall be made promptly, accompanied by a written inventory of any property taken. (ii) The inventory shall be made in the presence of the person executing the administrative inspection warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one (1) credible person other than the person executing the administrative inspection warrant. (iii) A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the administrative inspection warrant; and (4) The judge or magistrate who has issued an administrative inspection warrant shall attach to it a copy of the return and any paper returnable in connection with it and file the administrative inspection warrant, the copy of the return, and any paper returnable in connection with the administrative inspection warrant with the circuit clerk of the county where the inspection was made. (b) The Arkansas Drug Director may make an administrative inspection of controlled premises in accordance with the following provisions: (1) As used in this section, "controlled premises" means: (A) A place where a person is required by state law to keep records; and (B) A place including a factory, warehouse, establishment, or conveyance where a person registered or exempted from registration requirements under this chapter is permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance; (2) When authorized by an administrative inspection warrant issued pursuant to subsection (a) of this section an officer or employee designated by the director, upon presenting the administrative inspection warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection; (3) When authorized by an administrative inspection warrant, an officer or employee designated by the director may: (A) Inspect and copy a record required by this chapter to be kept; (B) Inspect, within reasonable limits and in a reasonable manner, controlled premises and any pertinent equipment, finished and unfinished material, container or labeling found in the controlled premises, and, except as provided in subdivision (b)(5) of this section, any other thing in the controlled premises, including a record, file, paper, process, control, or facility bearing on a violation of this chapter; and (C) Inventory any stock of any controlled substance in the controlled premises and obtain samples of the stock of any controlled substance; (4) This section does not prevent the inspection without an administrative inspection warrant of a book or record pursuant to an administrative subpoena, nor does it prevent an entry or an administrative inspection, including a seizure of property, without an administrative inspection warrant: (A) If the owner, operator, or agent in charge of the controlled premises consents; (B) In a situation presenting imminent danger to health or safety; (C) In a situation involving inspection of a conveyance if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain an administrative inspection warrant; (D) In any other exceptional or emergency circumstance when time or opportunity to apply for an administrative inspection warrant is lacking; or (E) In any other situation in which an administrative inspection warrant is not constitutionally required; and (5) An inspection authorized by this section does not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator, or agent in charge of the controlled premises consents in writing. Acts 1971, No. 590, Art. 5, § 2; A.S.A. 1947, § 82-2626; Acts 2005, No. 1994, § 308.

(a) Issuance and execution of an administrative inspection warrant shall be as follows: (1) (A) A judge of a court of record, within his or her jurisdiction, and upon proper oath or affirmation showing probable cause, may issue a warrant for the purpose of conducting an administrative inspection authorized by this chapter or a rule under this chapter, and a seizure of property appropriate to the administrative inspection. (B) For purposes of the issuance of an administrative inspection warrant, probable cause exists from showing a valid public interest in the effective enforcement of this chapter or a rule under this chapter, sufficient to justify administrative inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the administrative inspection warrant; (2) (A) An administrative inspection warrant shall issue only upon an affidavit of a designated officer or employee having knowledge of the facts alleged, sworn to before the judge or magistrate, and establishing the grounds for issuing the administrative inspection warrant. (B) If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he or she shall issue an administrative inspection warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any. (C) The administrative inspection warrant shall: (i) State the grounds for its issuance and the name of each person whose affidavit has been taken in support of it; (ii) Be directed to a person authorized by § 5-64-501 to execute it; (iii) Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified; (iv) Identify the item or types of property to be seized, if any; and (v) Direct that it be served during normal business hours and designate the judge or magistrate to whom it shall be returned; (3) (A) An administrative inspection warrant issued pursuant to this section shall be executed and returned within ten (10) days of its date unless, upon a showing of a need for additional time, the court orders otherwise. (B) If property is seized pursuant to an administrative inspection warrant, a copy of the administrative inspection warrant shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. (C) (i) The return of the administrative inspection warrant shall be made promptly, accompanied by a written inventory of any property taken. (ii) The inventory shall be made in the presence of the person executing the administrative inspection warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one (1) credible person other than the person executing the administrative inspection warrant. (iii) A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the administrative inspection warrant; and (4) The judge or magistrate who has issued an administrative inspection warrant shall attach to it a copy of the return and any paper returnable in connection with it and file the administrative inspection warrant, the copy of the return, and any paper returnable in connection with the administrative inspection warrant with the circuit clerk of the county where the inspection was made.

(1) (A) A judge of a court of record, within his or her jurisdiction, and upon proper oath or affirmation showing probable cause, may issue a warrant for the purpose of conducting an administrative inspection authorized by this chapter or a rule under this chapter, and a seizure of property appropriate to the administrative inspection. (B) For purposes of the issuance of an administrative inspection warrant, probable cause exists from showing a valid public interest in the effective enforcement of this chapter or a rule under this chapter, sufficient to justify administrative inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the administrative inspection warrant;

(A) A judge of a court of record, within his or her jurisdiction, and upon proper oath or affirmation showing probable cause, may issue a warrant for the purpose of conducting an administrative inspection authorized by this chapter or a rule under this chapter, and a seizure of property appropriate to the administrative inspection.

(B) For purposes of the issuance of an administrative inspection warrant, probable cause exists from showing a valid public interest in the effective enforcement of this chapter or a rule under this chapter, sufficient to justify administrative inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the administrative inspection warrant;

(2) (A) An administrative inspection warrant shall issue only upon an affidavit of a designated officer or employee having knowledge of the facts alleged, sworn to before the judge or magistrate, and establishing the grounds for issuing the administrative inspection warrant. (B) If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he or she shall issue an administrative inspection warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any. (C) The administrative inspection warrant shall: (i) State the grounds for its issuance and the name of each person whose affidavit has been taken in support of it; (ii) Be directed to a person authorized by § 5-64-501 to execute it; (iii) Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified; (iv) Identify the item or types of property to be seized, if any; and (v) Direct that it be served during normal business hours and designate the judge or magistrate to whom it shall be returned;

(A) An administrative inspection warrant shall issue only upon an affidavit of a designated officer or employee having knowledge of the facts alleged, sworn to before the judge or magistrate, and establishing the grounds for issuing the administrative inspection warrant.

(B) If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he or she shall issue an administrative inspection warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any.

(C) The administrative inspection warrant shall: (i) State the grounds for its issuance and the name of each person whose affidavit has been taken in support of it; (ii) Be directed to a person authorized by § 5-64-501 to execute it; (iii) Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified; (iv) Identify the item or types of property to be seized, if any; and (v) Direct that it be served during normal business hours and designate the judge or magistrate to whom it shall be returned;

(i) State the grounds for its issuance and the name of each person whose affidavit has been taken in support of it;

(ii) Be directed to a person authorized by § 5-64-501 to execute it;

(iii) Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;

(iv) Identify the item or types of property to be seized, if any; and

(v) Direct that it be served during normal business hours and designate the judge or magistrate to whom it shall be returned;

(3) (A) An administrative inspection warrant issued pursuant to this section shall be executed and returned within ten (10) days of its date unless, upon a showing of a need for additional time, the court orders otherwise. (B) If property is seized pursuant to an administrative inspection warrant, a copy of the administrative inspection warrant shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. (C) (i) The return of the administrative inspection warrant shall be made promptly, accompanied by a written inventory of any property taken. (ii) The inventory shall be made in the presence of the person executing the administrative inspection warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one (1) credible person other than the person executing the administrative inspection warrant. (iii) A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the administrative inspection warrant; and

(A) An administrative inspection warrant issued pursuant to this section shall be executed and returned within ten (10) days of its date unless, upon a showing of a need for additional time, the court orders otherwise.

(B) If property is seized pursuant to an administrative inspection warrant, a copy of the administrative inspection warrant shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken.

(C) (i) The return of the administrative inspection warrant shall be made promptly, accompanied by a written inventory of any property taken. (ii) The inventory shall be made in the presence of the person executing the administrative inspection warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one (1) credible person other than the person executing the administrative inspection warrant. (iii) A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the administrative inspection warrant; and

(i) The return of the administrative inspection warrant shall be made promptly, accompanied by a written inventory of any property taken.

(ii) The inventory shall be made in the presence of the person executing the administrative inspection warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one (1) credible person other than the person executing the administrative inspection warrant.

(iii) A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the administrative inspection warrant; and

(4) The judge or magistrate who has issued an administrative inspection warrant shall attach to it a copy of the return and any paper returnable in connection with it and file the administrative inspection warrant, the copy of the return, and any paper returnable in connection with the administrative inspection warrant with the circuit clerk of the county where the inspection was made.

(b) The Arkansas Drug Director may make an administrative inspection of controlled premises in accordance with the following provisions: (1) As used in this section, "controlled premises" means: (A) A place where a person is required by state law to keep records; and (B) A place including a factory, warehouse, establishment, or conveyance where a person registered or exempted from registration requirements under this chapter is permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance; (2) When authorized by an administrative inspection warrant issued pursuant to subsection (a) of this section an officer or employee designated by the director, upon presenting the administrative inspection warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection; (3) When authorized by an administrative inspection warrant, an officer or employee designated by the director may: (A) Inspect and copy a record required by this chapter to be kept; (B) Inspect, within reasonable limits and in a reasonable manner, controlled premises and any pertinent equipment, finished and unfinished material, container or labeling found in the controlled premises, and, except as provided in subdivision (b)(5) of this section, any other thing in the controlled premises, including a record, file, paper, process, control, or facility bearing on a violation of this chapter; and (C) Inventory any stock of any controlled substance in the controlled premises and obtain samples of the stock of any controlled substance; (4) This section does not prevent the inspection without an administrative inspection warrant of a book or record pursuant to an administrative subpoena, nor does it prevent an entry or an administrative inspection, including a seizure of property, without an administrative inspection warrant: (A) If the owner, operator, or agent in charge of the controlled premises consents; (B) In a situation presenting imminent danger to health or safety; (C) In a situation involving inspection of a conveyance if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain an administrative inspection warrant; (D) In any other exceptional or emergency circumstance when time or opportunity to apply for an administrative inspection warrant is lacking; or (E) In any other situation in which an administrative inspection warrant is not constitutionally required; and (5) An inspection authorized by this section does not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator, or agent in charge of the controlled premises consents in writing.

(1) As used in this section, "controlled premises" means: (A) A place where a person is required by state law to keep records; and (B) A place including a factory, warehouse, establishment, or conveyance where a person registered or exempted from registration requirements under this chapter is permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance;

(A) A place where a person is required by state law to keep records; and

(B) A place including a factory, warehouse, establishment, or conveyance where a person registered or exempted from registration requirements under this chapter is permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance;

(2) When authorized by an administrative inspection warrant issued pursuant to subsection (a) of this section an officer or employee designated by the director, upon presenting the administrative inspection warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection;

(3) When authorized by an administrative inspection warrant, an officer or employee designated by the director may: (A) Inspect and copy a record required by this chapter to be kept; (B) Inspect, within reasonable limits and in a reasonable manner, controlled premises and any pertinent equipment, finished and unfinished material, container or labeling found in the controlled premises, and, except as provided in subdivision (b)(5) of this section, any other thing in the controlled premises, including a record, file, paper, process, control, or facility bearing on a violation of this chapter; and (C) Inventory any stock of any controlled substance in the controlled premises and obtain samples of the stock of any controlled substance;

(A) Inspect and copy a record required by this chapter to be kept;

(B) Inspect, within reasonable limits and in a reasonable manner, controlled premises and any pertinent equipment, finished and unfinished material, container or labeling found in the controlled premises, and, except as provided in subdivision (b)(5) of this section, any other thing in the controlled premises, including a record, file, paper, process, control, or facility bearing on a violation of this chapter; and

(C) Inventory any stock of any controlled substance in the controlled premises and obtain samples of the stock of any controlled substance;

(4) This section does not prevent the inspection without an administrative inspection warrant of a book or record pursuant to an administrative subpoena, nor does it prevent an entry or an administrative inspection, including a seizure of property, without an administrative inspection warrant: (A) If the owner, operator, or agent in charge of the controlled premises consents; (B) In a situation presenting imminent danger to health or safety; (C) In a situation involving inspection of a conveyance if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain an administrative inspection warrant; (D) In any other exceptional or emergency circumstance when time or opportunity to apply for an administrative inspection warrant is lacking; or (E) In any other situation in which an administrative inspection warrant is not constitutionally required; and

(A) If the owner, operator, or agent in charge of the controlled premises consents;

(B) In a situation presenting imminent danger to health or safety;

(C) In a situation involving inspection of a conveyance if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain an administrative inspection warrant;

(D) In any other exceptional or emergency circumstance when time or opportunity to apply for an administrative inspection warrant is lacking; or

(E) In any other situation in which an administrative inspection warrant is not constitutionally required; and

(5) An inspection authorized by this section does not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator, or agent in charge of the controlled premises consents in writing.

Acts 1971, No. 590, Art. 5, § 2; A.S.A. 1947, § 82-2626; Acts 2005, No. 1994, § 308.