Ark. Code Ann. § 5-71-202 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-202
Aggravated riot
Status: in_force

(a) A person commits the offense of aggravated riot if he or she commits the offense of riot when: (1) The person knowingly possesses a deadly weapon; or (2) The person knows that another person with whom he or she is acting possesses a deadly weapon. (b) (1) Aggravated riot is a Class D felony. (2) A person convicted of aggravated riot shall be sentenced to a minimum of forty-five (45) days' imprisonment and shall be ordered to pay restitution for any physical injury, damage, or loss incurred as a result of the offense. Amended by Act 2021, No. 1014,§ 8, eff. 7/28/2021. Acts 1975, No. 280, § 2903; A.S.A. 1947, § 41-2903; Acts 2007, No. 827, § 92.

(a) A person commits the offense of aggravated riot if he or she commits the offense of riot when: (1) The person knowingly possesses a deadly weapon; or (2) The person knows that another person with whom he or she is acting possesses a deadly weapon.

(1) The person knowingly possesses a deadly weapon; or

(2) The person knows that another person with whom he or she is acting possesses a deadly weapon.

(b) (1) Aggravated riot is a Class D felony. (2) A person convicted of aggravated riot shall be sentenced to a minimum of forty-five (45) days' imprisonment and shall be ordered to pay restitution for any physical injury, damage, or loss incurred as a result of the offense.

(1) Aggravated riot is a Class D felony.

(2) A person convicted of aggravated riot shall be sentenced to a minimum of forty-five (45) days' imprisonment and shall be ordered to pay restitution for any physical injury, damage, or loss incurred as a result of the offense.

Amended by Act 2021, No. 1014,§ 8, eff. 7/28/2021.

Acts 1975, No. 280, § 2903; A.S.A. 1947, § 41-2903; Acts 2007, No. 827, § 92.
Ark. Code Ann. § 5-66-111 — AR Code / Title 5 / Chapter 66 / Section 5-66-111
Pinball machines, etc
Status: in_force

(a) (1) Any coin-operated pinball machine or other device that is designed so that more than one (1) coin can be inserted so as to give the player additional odds in making a high score or winning an additional free game is unlawful. (2) The operation of the coin-operated pinball machine or other device described in subdivision (a)(1) of this section is a misdemeanor that is punishable by the imposition of a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail for not more than one (1) year, or both. (b) It is the intent of this section to prohibit the use of so-called "bingo"-type pinball machines, the interstate transportation of which is prohibited by 15 U.S.C. § 1172 . (c) (1) A coin-operated amusement device, including a pinball machine, that takes only one (1) coin for each player for each game and that is equipped with flippers that can be activated by the player to propel a ball back onto the playing surface of the machine so as to prolong the playing time and increase the score attained by the player and upon which not more than twenty-five (25) free games can be won by the player are specifically designated as an amusement device. (2) The use of an amusement device described in subdivision (c)(1) of this section is declared to be legal so long as all state and municipal taxes have been paid and the owner of the amusement device has obtained a permit, filed a bond, and paid the privilege tax required by § 26-57-401 et seq. Acts 1977, No. 283, §§ 1, 2; A.S.A. 1947, §§ 41-3201, 41-3202.

(a) (1) Any coin-operated pinball machine or other device that is designed so that more than one (1) coin can be inserted so as to give the player additional odds in making a high score or winning an additional free game is unlawful. (2) The operation of the coin-operated pinball machine or other device described in subdivision (a)(1) of this section is a misdemeanor that is punishable by the imposition of a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail for not more than one (1) year, or both.

(1) Any coin-operated pinball machine or other device that is designed so that more than one (1) coin can be inserted so as to give the player additional odds in making a high score or winning an additional free game is unlawful.

(2) The operation of the coin-operated pinball machine or other device described in subdivision (a)(1) of this section is a misdemeanor that is punishable by the imposition of a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail for not more than one (1) year, or both.

(b) It is the intent of this section to prohibit the use of so-called "bingo"-type pinball machines, the interstate transportation of which is prohibited by 15 U.S.C. § 1172 .

(c) (1) A coin-operated amusement device, including a pinball machine, that takes only one (1) coin for each player for each game and that is equipped with flippers that can be activated by the player to propel a ball back onto the playing surface of the machine so as to prolong the playing time and increase the score attained by the player and upon which not more than twenty-five (25) free games can be won by the player are specifically designated as an amusement device. (2) The use of an amusement device described in subdivision (c)(1) of this section is declared to be legal so long as all state and municipal taxes have been paid and the owner of the amusement device has obtained a permit, filed a bond, and paid the privilege tax required by § 26-57-401 et seq.

(1) A coin-operated amusement device, including a pinball machine, that takes only one (1) coin for each player for each game and that is equipped with flippers that can be activated by the player to propel a ball back onto the playing surface of the machine so as to prolong the playing time and increase the score attained by the player and upon which not more than twenty-five (25) free games can be won by the player are specifically designated as an amusement device.

(2) The use of an amusement device described in subdivision (c)(1) of this section is declared to be legal so long as all state and municipal taxes have been paid and the owner of the amusement device has obtained a permit, filed a bond, and paid the privilege tax required by § 26-57-401 et seq.

Acts 1977, No. 283, §§ 1, 2; A.S.A. 1947, §§ 41-3201, 41-3202.
Ark. Code Ann. § 5-71-301 — AR Code / Title 5 / Chapter 71 / Subchapter 3 / Section 5-71-301
Definitions
Status: in_force

As used in this subchapter: (1) "Civil disorder" means any public disturbance involving an act of violence by an assemblage of three (3) or more persons that causes an immediate danger of or results in damage or injury to the property or person of any other individual; (2) "Explosive or incendiary device" includes: (A) Dynamite and any other form of a high explosive; (B) Any explosive bomb, grenade, missile, or similar device; (C) An explosive material, meaning: (i) An explosive; (ii) A blasting agent; and (iii) A detonator; and (D) Any incendiary bomb or grenade, fire bomb, or similar device, and including any device that consists of or includes a breakable container containing a flammable liquid or compound and a wick composed of any material that when ignited is capable of igniting the flammable liquid or compound, and can be carried or thrown by one (1) individual acting alone; and (3) "Firearm" means the same as defined in § 5-1-102 . Acts 1985, No. 903, § 1; A.S.A. 1947, § 41-2926; Acts 1995, No. 989, § 1.

As used in this subchapter:

(1) "Civil disorder" means any public disturbance involving an act of violence by an assemblage of three (3) or more persons that causes an immediate danger of or results in damage or injury to the property or person of any other individual;

(2) "Explosive or incendiary device" includes: (A) Dynamite and any other form of a high explosive; (B) Any explosive bomb, grenade, missile, or similar device; (C) An explosive material, meaning: (i) An explosive; (ii) A blasting agent; and (iii) A detonator; and (D) Any incendiary bomb or grenade, fire bomb, or similar device, and including any device that consists of or includes a breakable container containing a flammable liquid or compound and a wick composed of any material that when ignited is capable of igniting the flammable liquid or compound, and can be carried or thrown by one (1) individual acting alone; and

(A) Dynamite and any other form of a high explosive;

(B) Any explosive bomb, grenade, missile, or similar device;

(C) An explosive material, meaning: (i) An explosive; (ii) A blasting agent; and (iii) A detonator; and

(i) An explosive;

(ii) A blasting agent; and

(iii) A detonator; and

(D) Any incendiary bomb or grenade, fire bomb, or similar device, and including any device that consists of or includes a breakable container containing a flammable liquid or compound and a wick composed of any material that when ignited is capable of igniting the flammable liquid or compound, and can be carried or thrown by one (1) individual acting alone; and

(3) "Firearm" means the same as defined in § 5-1-102 .

Acts 1985, No. 903, § 1; A.S.A. 1947, § 41-2926; Acts 1995, No. 989, § 1.
Ark. Code Ann. § 5-65-120 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-120
Restricted driving permit
Status: in_force

(a) The Office of Driver Services may modify the administrative denial or suspension of a driver's license under § 5-65-402 after a hearing or upon the request of a person whose driving privilege has been denied or suspended by issuing a restricted driving permit if: (1) The denial or suspension results in a case of extreme and unusual hardship; and (2) After reviewing the person's driving record for the five (5) years previous to the denial, revocation, or suspension of his or her driving privilege, the office determines that: (A) The person: (i) Is not a multiple traffic law offender; or (ii) Does not present a threat to the general public; and (B) Other adequate means of transportation do not exist for the person except to allow the person to drive in any of the following situations: (i) To and from the person's place of employment; (ii) In the course of the person's employment; (iii) To and from an educational institution for the purpose of attending a class if the person is enrolled and regularly attending a class at the institution; (iv) To and from an alcohol education program or alcoholism treatment program for drunk drivers; or (v) To and from a hospital or clinic for medical treatment or care for an illness, disease, or other medical condition of the person or a family member. (b) The issuance of a restricted driving permit under this section is solely within the discretion of the office. (c) A restricted driving permit issued under this section shall state the specific times and circumstances under which driving is permitted. (d) A restricted driving permit issued under this section shall not be granted to a person whose driving privilege was suspended or revoked for violating § 5-65-103 , § 5-65-205 , § 5-65-303 , or § 5-65-310 , a second or subsequent time within five (5) years of the first offense. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Acts 1995, No. 802, §§ 3, 5; 1997, No. 1325, § 3; 1999, No. 1077, § 14; 2007, No. 827, § 80; 2009, No. 748, § 29; 2009, No. 1293, § 2.

(a) The Office of Driver Services may modify the administrative denial or suspension of a driver's license under § 5-65-402 after a hearing or upon the request of a person whose driving privilege has been denied or suspended by issuing a restricted driving permit if: (1) The denial or suspension results in a case of extreme and unusual hardship; and (2) After reviewing the person's driving record for the five (5) years previous to the denial, revocation, or suspension of his or her driving privilege, the office determines that: (A) The person: (i) Is not a multiple traffic law offender; or (ii) Does not present a threat to the general public; and (B) Other adequate means of transportation do not exist for the person except to allow the person to drive in any of the following situations: (i) To and from the person's place of employment; (ii) In the course of the person's employment; (iii) To and from an educational institution for the purpose of attending a class if the person is enrolled and regularly attending a class at the institution; (iv) To and from an alcohol education program or alcoholism treatment program for drunk drivers; or (v) To and from a hospital or clinic for medical treatment or care for an illness, disease, or other medical condition of the person or a family member.

(1) The denial or suspension results in a case of extreme and unusual hardship; and

(2) After reviewing the person's driving record for the five (5) years previous to the denial, revocation, or suspension of his or her driving privilege, the office determines that: (A) The person: (i) Is not a multiple traffic law offender; or (ii) Does not present a threat to the general public; and (B) Other adequate means of transportation do not exist for the person except to allow the person to drive in any of the following situations: (i) To and from the person's place of employment; (ii) In the course of the person's employment; (iii) To and from an educational institution for the purpose of attending a class if the person is enrolled and regularly attending a class at the institution; (iv) To and from an alcohol education program or alcoholism treatment program for drunk drivers; or (v) To and from a hospital or clinic for medical treatment or care for an illness, disease, or other medical condition of the person or a family member.

(A) The person: (i) Is not a multiple traffic law offender; or (ii) Does not present a threat to the general public; and

(i) Is not a multiple traffic law offender; or

(ii) Does not present a threat to the general public; and

(B) Other adequate means of transportation do not exist for the person except to allow the person to drive in any of the following situations: (i) To and from the person's place of employment; (ii) In the course of the person's employment; (iii) To and from an educational institution for the purpose of attending a class if the person is enrolled and regularly attending a class at the institution; (iv) To and from an alcohol education program or alcoholism treatment program for drunk drivers; or (v) To and from a hospital or clinic for medical treatment or care for an illness, disease, or other medical condition of the person or a family member.

(i) To and from the person's place of employment;

(ii) In the course of the person's employment;

(iii) To and from an educational institution for the purpose of attending a class if the person is enrolled and regularly attending a class at the institution;

(iv) To and from an alcohol education program or alcoholism treatment program for drunk drivers; or

(v) To and from a hospital or clinic for medical treatment or care for an illness, disease, or other medical condition of the person or a family member.

(b) The issuance of a restricted driving permit under this section is solely within the discretion of the office.

(c) A restricted driving permit issued under this section shall state the specific times and circumstances under which driving is permitted.

(d) A restricted driving permit issued under this section shall not be granted to a person whose driving privilege was suspended or revoked for violating § 5-65-103 , § 5-65-205 , § 5-65-303 , or § 5-65-310 , a second or subsequent time within five (5) years of the first offense.

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

Acts 1995, No. 802, §§ 3, 5; 1997, No. 1325, § 3; 1999, No. 1077, § 14; 2007, No. 827, § 80; 2009, No. 748, § 29; 2009, No. 1293, § 2.
Ark. Code Ann. § 5-64-403 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-403
Controlled substances - Fraudulent practices
Status: in_force

(a) It is unlawful for a person to knowingly: (1) Distribute as a practitioner a Schedule I or Schedule II controlled substance, except under an order form as required by § 5-64-307 ; (2) Acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or theft; (3) Furnish false or fraudulent material information in or omit any material information from any record, application, report, or other document required to be kept or filed under this chapter; (4) Make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another person or any likeness of any trademark, trade name, or other identifying mark, imprint, or device of another person upon any drug or container or labeling of a drug or container so as to render the drug a counterfeit substance; or (5) (A) Agree, consent, or in any manner offer to unlawfully sell, furnish, transport, administer, or give any controlled substance to any person or to arrange for any action described in this subdivision (a)(5)(A), and then to substitute a noncontrolled substance in lieu of the controlled substance bargained for. (B) The proffer of a controlled substance creates a rebuttable presumption of knowingly agreeing, consenting, or offering to sell, furnish, transport, administer, or give a noncontrolled substance that does not require additional showing of specific purpose to substitute a noncontrolled substance. (b) A person who violates: (1) Subdivision (a)(1), subdivision (a)(2), subdivision (a)(3), or subdivision (a)(4) of this section upon conviction is guilty of a Class D felony; or (2) Subdivision (a)(5) of this section with respect to a noncontrolled substance represented to be a controlled substance classified in: (A) Schedule I or Schedule II upon conviction is guilty of a Class C felony; (B) Schedule III, Schedule IV, or Schedule V upon conviction is guilty of a Class D felony; or (C) Schedule VI upon conviction is guilty of a Class A misdemeanor. (c) A second or subsequent offense of attempt to violate subdivision (a)(1), subdivision (a)(2), subdivision (a)(3), or subdivision (a)(4) of this section is a Class D felony. Amended by Act 2013, No. 1192,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 1192,§ 1, eff. 8/16/2013. Acts 1971, No. 590, Art. 4, § 3; 1972 (Ex. Sess.), No. 67, § 2; 1977, No. 557, § 3; 1981, No. 78, § 2; 1981, No. 116, §§ 2, 3; 1981, No. 117, § 1; 1983, No. 787, § 6; A.S.A. 1947, § 82-2619; Acts 1999, No. 326, § 1; 1999, No. 1268, § 3; 2001, No. 1451, § 1; 2005, No. 1994, § 305[A]; 2007, No. 827, § 60; 2009, No. 748, § 27; 2011, No. 570, § 35.

(a) It is unlawful for a person to knowingly: (1) Distribute as a practitioner a Schedule I or Schedule II controlled substance, except under an order form as required by § 5-64-307 ; (2) Acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or theft; (3) Furnish false or fraudulent material information in or omit any material information from any record, application, report, or other document required to be kept or filed under this chapter; (4) Make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another person or any likeness of any trademark, trade name, or other identifying mark, imprint, or device of another person upon any drug or container or labeling of a drug or container so as to render the drug a counterfeit substance; or (5) (A) Agree, consent, or in any manner offer to unlawfully sell, furnish, transport, administer, or give any controlled substance to any person or to arrange for any action described in this subdivision (a)(5)(A), and then to substitute a noncontrolled substance in lieu of the controlled substance bargained for. (B) The proffer of a controlled substance creates a rebuttable presumption of knowingly agreeing, consenting, or offering to sell, furnish, transport, administer, or give a noncontrolled substance that does not require additional showing of specific purpose to substitute a noncontrolled substance.

(1) Distribute as a practitioner a Schedule I or Schedule II controlled substance, except under an order form as required by § 5-64-307 ;

(2) Acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or theft;

(3) Furnish false or fraudulent material information in or omit any material information from any record, application, report, or other document required to be kept or filed under this chapter;

(4) Make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another person or any likeness of any trademark, trade name, or other identifying mark, imprint, or device of another person upon any drug or container or labeling of a drug or container so as to render the drug a counterfeit substance; or

(5) (A) Agree, consent, or in any manner offer to unlawfully sell, furnish, transport, administer, or give any controlled substance to any person or to arrange for any action described in this subdivision (a)(5)(A), and then to substitute a noncontrolled substance in lieu of the controlled substance bargained for. (B) The proffer of a controlled substance creates a rebuttable presumption of knowingly agreeing, consenting, or offering to sell, furnish, transport, administer, or give a noncontrolled substance that does not require additional showing of specific purpose to substitute a noncontrolled substance.

(A) Agree, consent, or in any manner offer to unlawfully sell, furnish, transport, administer, or give any controlled substance to any person or to arrange for any action described in this subdivision (a)(5)(A), and then to substitute a noncontrolled substance in lieu of the controlled substance bargained for.

(B) The proffer of a controlled substance creates a rebuttable presumption of knowingly agreeing, consenting, or offering to sell, furnish, transport, administer, or give a noncontrolled substance that does not require additional showing of specific purpose to substitute a noncontrolled substance.

(b) A person who violates: (1) Subdivision (a)(1), subdivision (a)(2), subdivision (a)(3), or subdivision (a)(4) of this section upon conviction is guilty of a Class D felony; or (2) Subdivision (a)(5) of this section with respect to a noncontrolled substance represented to be a controlled substance classified in: (A) Schedule I or Schedule II upon conviction is guilty of a Class C felony; (B) Schedule III, Schedule IV, or Schedule V upon conviction is guilty of a Class D felony; or (C) Schedule VI upon conviction is guilty of a Class A misdemeanor.

(1) Subdivision (a)(1), subdivision (a)(2), subdivision (a)(3), or subdivision (a)(4) of this section upon conviction is guilty of a Class D felony; or

(2) Subdivision (a)(5) of this section with respect to a noncontrolled substance represented to be a controlled substance classified in: (A) Schedule I or Schedule II upon conviction is guilty of a Class C felony; (B) Schedule III, Schedule IV, or Schedule V upon conviction is guilty of a Class D felony; or (C) Schedule VI upon conviction is guilty of a Class A misdemeanor.

(A) Schedule I or Schedule II upon conviction is guilty of a Class C felony;

(B) Schedule III, Schedule IV, or Schedule V upon conviction is guilty of a Class D felony; or

(C) Schedule VI upon conviction is guilty of a Class A misdemeanor.

(c) A second or subsequent offense of attempt to violate subdivision (a)(1), subdivision (a)(2), subdivision (a)(3), or subdivision (a)(4) of this section is a Class D felony.

Amended by Act 2013, No. 1192,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 1192,§ 1, eff. 8/16/2013.

Acts 1971, No. 590, Art. 4, § 3; 1972 (Ex. Sess.), No. 67, § 2; 1977, No. 557, § 3; 1981, No. 78, § 2; 1981, No. 116, §§ 2, 3; 1981, No. 117, § 1; 1983, No. 787, § 6; A.S.A. 1947, § 82-2619; Acts 1999, No. 326, § 1; 1999, No. 1268, § 3; 2001, No. 1451, § 1; 2005, No. 1994, § 305[A]; 2007, No. 827, § 60; 2009, No. 748, § 27; 2011, No. 570, § 35.
Ark. Code Ann. § 5-10-208 — AR Code / Title 5 / Chapter 10 / Subchapter 2 / Section 5-10-208
Penalties not exclusive
Status: in_force

This subchapter and the criminal penalties provided in this subchapter are in addition to any other criminal penalty a person may be subject to under the Arkansas Criminal Code or the Uniform Controlled Substances Act, § 5-64-101 et seq. Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.

This subchapter and the criminal penalties provided in this subchapter are in addition to any other criminal penalty a person may be subject to under the Arkansas Criminal Code or the Uniform Controlled Substances Act, § 5-64-101 et seq.

Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.
Ark. Code Ann. § 5-62-122 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-122
Permitting livestock to run at large
Status: in_force

(a) A person commits the offense of permitting livestock to run at large if being the owner or person charged with the custody and care of livestock he or she knowingly permits the livestock to run at large. (b) (1) Except as provided in subdivision (b)(2) of this section, permitting livestock to run at large is a violation and upon conviction a person may be subject to a fine not to exceed one hundred dollars ($100). (2) Any person who knowingly allows any hog to run at large is guilty of a violation and upon conviction is subject to a fine not to exceed five hundred dollars ($500). Acts 1975, No. 280, § 2919; A.S.A. 1947, § 41-2919; Acts 1999, No. 457, § 4; 2005, No. 1994, § 183; 2009, No. 33, § 7.

(a) A person commits the offense of permitting livestock to run at large if being the owner or person charged with the custody and care of livestock he or she knowingly permits the livestock to run at large.

(b) (1) Except as provided in subdivision (b)(2) of this section, permitting livestock to run at large is a violation and upon conviction a person may be subject to a fine not to exceed one hundred dollars ($100). (2) Any person who knowingly allows any hog to run at large is guilty of a violation and upon conviction is subject to a fine not to exceed five hundred dollars ($500).

(1) Except as provided in subdivision (b)(2) of this section, permitting livestock to run at large is a violation and upon conviction a person may be subject to a fine not to exceed one hundred dollars ($100).

(2) Any person who knowingly allows any hog to run at large is guilty of a violation and upon conviction is subject to a fine not to exceed five hundred dollars ($500).

Acts 1975, No. 280, § 2919; A.S.A. 1947, § 41-2919; Acts 1999, No. 457, § 4; 2005, No. 1994, § 183; 2009, No. 33, § 7.
Ark. Code Ann. § 5-61-401 — AR Code / Title 5 / Chapter 61 / Subchapter 4 / Section 5-61-401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Unborn Child Protection Act". Added by Act 2021, No. 309,§ 1, eff. 7/28/2021.

This subchapter shall be known and may be cited as the "Arkansas Unborn Child Protection Act".

Added by Act 2021, No. 309,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 5-62-104 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-104
Offense of aggravated cruelty to a dog, cat, or equine - Definition
Status: in_force

(a) A person commits the offense of aggravated cruelty to a dog, cat, or equine if he or she knowingly tortures any dog, cat, or equine. (b) A person who pleads guilty or nolo contendere to or is found guilty of aggravated cruelty to a dog, cat, or equine: (1) Shall be guilty of a Class D felony; (2) May be ordered to perform up to four hundred (400) hours of community service; and (3) Both: (A) Ordered to receive a psychiatric or psychological evaluation; and (B) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court. (c) A person who pleads guilty or nolo contendere to or is found guilty of aggravated cruelty to a dog, cat, or equine for a subsequent offense occurring within five (5) years from a previous offense of aggravated cruelty to a dog, cat, or equine or of any other equivalent penal offense of another state or foreign jurisdiction is guilty of a Class C felony and shall be: (1) Ordered to receive a psychiatric or psychological evaluation; and (2) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court. (d) The cost of any psychiatric or psychological evaluation, counseling, or treatment ordered under this section shall be paid by the person ordered to receive the psychiatric or psychological evaluation, counseling, or treatment. (e) For purposes of this section, each alleged act of the offense of aggravated cruelty to a dog, cat, or equine committed against more than one (1) dog, cat, or equine may constitute a separate offense. (f) (1) For the sole purpose of calculating the number of previous offenses under subsection (b) of this section, all offenses of aggravated cruelty to a dog, cat, or equine that are committed against one (1) or more dogs, cats, or equines, as part of the same criminal episode are a single offense. (2) As used in this section, "criminal episode" means an act that constitutes the offense of aggravated cruelty to a dog, cat, or equine, committed by a person against one (1) or more dogs, cats, or equines within a period of twenty-four (24) hours. Amended by Act 2017, No. 389,§ 3, eff. 8/1/2017. Acts 2009, No. 33, § 3.

(a) A person commits the offense of aggravated cruelty to a dog, cat, or equine if he or she knowingly tortures any dog, cat, or equine.

(b) A person who pleads guilty or nolo contendere to or is found guilty of aggravated cruelty to a dog, cat, or equine: (1) Shall be guilty of a Class D felony; (2) May be ordered to perform up to four hundred (400) hours of community service; and (3) Both: (A) Ordered to receive a psychiatric or psychological evaluation; and (B) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court.

(1) Shall be guilty of a Class D felony;

(2) May be ordered to perform up to four hundred (400) hours of community service; and

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

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

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

(c) A person who pleads guilty or nolo contendere to or is found guilty of aggravated cruelty to a dog, cat, or equine for a subsequent offense occurring within five (5) years from a previous offense of aggravated cruelty to a dog, cat, or equine or of any other equivalent penal offense of another state or foreign jurisdiction is guilty of a Class C felony and shall be: (1) Ordered to receive a psychiatric or psychological evaluation; and (2) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court.

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

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

(d) The cost of any psychiatric or psychological evaluation, counseling, or treatment ordered under this section shall be paid by the person ordered to receive the psychiatric or psychological evaluation, counseling, or treatment.

(e) For purposes of this section, each alleged act of the offense of aggravated cruelty to a dog, cat, or equine committed against more than one (1) dog, cat, or equine may constitute a separate offense.

(f) (1) For the sole purpose of calculating the number of previous offenses under subsection (b) of this section, all offenses of aggravated cruelty to a dog, cat, or equine that are committed against one (1) or more dogs, cats, or equines, as part of the same criminal episode are a single offense. (2) As used in this section, "criminal episode" means an act that constitutes the offense of aggravated cruelty to a dog, cat, or equine, committed by a person against one (1) or more dogs, cats, or equines within a period of twenty-four (24) hours.

(1) For the sole purpose of calculating the number of previous offenses under subsection (b) of this section, all offenses of aggravated cruelty to a dog, cat, or equine that are committed against one (1) or more dogs, cats, or equines, as part of the same criminal episode are a single offense.

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

Amended by Act 2017, No. 389,§ 3, eff. 8/1/2017.

Acts 2009, No. 33, § 3.
Ark. Code Ann. § 5-72-105 — AR Code / Title 5 / Chapter 72 / Section 5-72-105
Obstruction of drains by timber or material - Floating logs or boom
Status: in_force

(a) (1) It is unlawful for any person or corporation to cause any timber, tree, or material to be felled or thrown into any ditch, drain, stream, or canal, whether natural or artificial, that tends to obstruct the free flow of water in the ditch, drain, stream, or canal. (2) However, this subsection does not prevent any person from floating a log or having a boom in any natural stream in this state if the floating of the log or use of the boom does not tend to overflow the land adjacent to the boom. (b) (1) Any person, levee district, or drainage district interested in the maintenance of the free flow of water through any stream, drain, ditch, or canal, may remove any timber, tree, or material in the stream, ditch, drain, or canal that tends to obstruct the free flow of water. (2) The person, levee district, or drainage district has a cause of action against any person or corporation that may have felled or thrown, or caused to be felled or thrown timber, a tree, or material into a stream, drain, ditch, or canal, for the reasonable cost of removing the timber, tree, or material. (c) Any person or corporation that violates subsection (a) of this section is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). Acts 1905, No. 320, §§ 1-3, p. 764; C. & M. Dig., §§ 3662-3664; Pope's Dig., §§ 4513-4515; A.S.A. 1947, §§ 21-406 -- 21-408; Acts 2005, No. 1994, § 469; 2007, No. 827, § 95.

(a) (1) It is unlawful for any person or corporation to cause any timber, tree, or material to be felled or thrown into any ditch, drain, stream, or canal, whether natural or artificial, that tends to obstruct the free flow of water in the ditch, drain, stream, or canal. (2) However, this subsection does not prevent any person from floating a log or having a boom in any natural stream in this state if the floating of the log or use of the boom does not tend to overflow the land adjacent to the boom.

(1) It is unlawful for any person or corporation to cause any timber, tree, or material to be felled or thrown into any ditch, drain, stream, or canal, whether natural or artificial, that tends to obstruct the free flow of water in the ditch, drain, stream, or canal.

(2) However, this subsection does not prevent any person from floating a log or having a boom in any natural stream in this state if the floating of the log or use of the boom does not tend to overflow the land adjacent to the boom.

(b) (1) Any person, levee district, or drainage district interested in the maintenance of the free flow of water through any stream, drain, ditch, or canal, may remove any timber, tree, or material in the stream, ditch, drain, or canal that tends to obstruct the free flow of water. (2) The person, levee district, or drainage district has a cause of action against any person or corporation that may have felled or thrown, or caused to be felled or thrown timber, a tree, or material into a stream, drain, ditch, or canal, for the reasonable cost of removing the timber, tree, or material.

(1) Any person, levee district, or drainage district interested in the maintenance of the free flow of water through any stream, drain, ditch, or canal, may remove any timber, tree, or material in the stream, ditch, drain, or canal that tends to obstruct the free flow of water.

(2) The person, levee district, or drainage district has a cause of action against any person or corporation that may have felled or thrown, or caused to be felled or thrown timber, a tree, or material into a stream, drain, ditch, or canal, for the reasonable cost of removing the timber, tree, or material.

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

Acts 1905, No. 320, §§ 1-3, p. 764; C. & M. Dig., §§ 3662-3664; Pope's Dig., §§ 4513-4515; A.S.A. 1947, §§ 21-406 -- 21-408; Acts 2005, No. 1994, § 469; 2007, No. 827, § 95.
Ark. Code Ann. § 5-68-416 — AR Code / Title 5 / Chapter 68 / Subchapter 4 / Section 5-68-416
Nonresidents subject to jurisdiction
Status: in_force

In order to protect the morals and general welfare of the citizens and residents of this state against obscene printed or written matter or material originating outside this state, it is the purpose of this section to subject to the jurisdiction of the courts of this state those persons that are responsible for the importation of obscene printed or written matter or material into this state and, by that act, submit themselves to the jurisdiction of the courts of this state in any action authorized by § 5-68-406 . Acts 1961, No. 261, § 16; A.S.A. 1947, § 41-3577.

In order to protect the morals and general welfare of the citizens and residents of this state against obscene printed or written matter or material originating outside this state, it is the purpose of this section to subject to the jurisdiction of the courts of this state those persons that are responsible for the importation of obscene printed or written matter or material into this state and, by that act, submit themselves to the jurisdiction of the courts of this state in any action authorized by § 5-68-406 .

Acts 1961, No. 261, § 16; A.S.A. 1947, § 41-3577.
Ark. Code Ann. § 5-26-311 — AR Code / Title 5 / Chapter 26 / Subchapter 3 / Section 5-26-311
Residential confinement in home of victim prohibited
Status: in_force

In a case involving domestic or family violence, a court shall not order residential confinement as a condition of bond or probation for a defendant in any household shared by the defendant and the alleged victim. Acts 1999, No. 1317, § 3.

In a case involving domestic or family violence, a court shall not order residential confinement as a condition of bond or probation for a defendant in any household shared by the defendant and the alleged victim.

Acts 1999, No. 1317, § 3.
Ark. Code Ann. § 5-41-206 — AR Code / Title 5 / Chapter 41 / Subchapter 2 / Section 5-41-206
Computer password disclosure
Status: in_force

(a) A person commits computer password disclosure if the person purposely and without authorization discloses a number, code, password, or other means of access to a computer or computer network that is subsequently used to access a computer or computer network. (b) Computer password disclosure is a: (1) Class A misdemeanor; or (2) Class D felony if the violation of subsection (a) of this section was committed to devise or execute a scheme to defraud or illegally obtain property. Acts 2001, No. 1496, § 2; 2005, No. 1994, § 482.

(a) A person commits computer password disclosure if the person purposely and without authorization discloses a number, code, password, or other means of access to a computer or computer network that is subsequently used to access a computer or computer network.

(b) Computer password disclosure is a: (1) Class A misdemeanor; or (2) Class D felony if the violation of subsection (a) of this section was committed to devise or execute a scheme to defraud or illegally obtain property.

(1) Class A misdemeanor; or

(2) Class D felony if the violation of subsection (a) of this section was committed to devise or execute a scheme to defraud or illegally obtain property.

Acts 2001, No. 1496, § 2; 2005, No. 1994, § 482.
Ark. Code Ann. § 5-27-401 — AR Code / Title 5 / Chapter 27 / Subchapter 4 / Section 5-27-401
Definitions
Status: in_force

As used in this subchapter: (1) "Performance" means any play, dance, act, drama, piece, interlude, pantomime, show, scene, or other three-dimensional presentation or a part of a play, dance, act, drama, piece, interlude, pantomime, show, scene, or other three-dimensional presentation, whether: (A) Performed live or photographed; (B) Filmed; (C) Videotaped; or (D) Visually depicted by any other photographic, cinematic, magnetic, or electronic means; (2) "Promote" means to: (A) Sell, give, provide, distribute, circulate, disseminate, present, exhibit, or advertise; or (B) Offer or agree to sell, give, provide, distribute, circulate, disseminate, present, exhibit, or advertise; (3) "Sadomasochistic abuse" means flagellation, mutilation, or torture by or upon a person who is nude or clad in an undergarment or in revealing or bizarre costume or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed, in a sexual context; (4) "Sexual conduct" means: (A) Actual or simulated sexual intercourse; (B) Deviate sexual activity; (C) Sexual bestiality; (D) Masturbation; (E) Sadomasochistic abuse; or (F) Lewd exhibition of the genitals or pubic area of any person or a breast of a female; and (5) "Sexual performance" means any performance or part of a performance that includes sexual conduct by a child under eighteen (18) years of age. Acts 1983, No. 451, § 1; A.S.A. 1947, § 41-4206; Acts 1995, No. 337, § 1; 1995, No. 1209, § 2; 2007, No. 827, § 38; 2011, No. 1190, § 2.

As used in this subchapter:

(1) "Performance" means any play, dance, act, drama, piece, interlude, pantomime, show, scene, or other three-dimensional presentation or a part of a play, dance, act, drama, piece, interlude, pantomime, show, scene, or other three-dimensional presentation, whether: (A) Performed live or photographed; (B) Filmed; (C) Videotaped; or (D) Visually depicted by any other photographic, cinematic, magnetic, or electronic means;

(A) Performed live or photographed;

(B) Filmed;

(C) Videotaped; or

(D) Visually depicted by any other photographic, cinematic, magnetic, or electronic means;

(2) "Promote" means to: (A) Sell, give, provide, distribute, circulate, disseminate, present, exhibit, or advertise; or (B) Offer or agree to sell, give, provide, distribute, circulate, disseminate, present, exhibit, or advertise;

(A) Sell, give, provide, distribute, circulate, disseminate, present, exhibit, or advertise; or

(B) Offer or agree to sell, give, provide, distribute, circulate, disseminate, present, exhibit, or advertise;

(3) "Sadomasochistic abuse" means flagellation, mutilation, or torture by or upon a person who is nude or clad in an undergarment or in revealing or bizarre costume or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed, in a sexual context;

(4) "Sexual conduct" means: (A) Actual or simulated sexual intercourse; (B) Deviate sexual activity; (C) Sexual bestiality; (D) Masturbation; (E) Sadomasochistic abuse; or (F) Lewd exhibition of the genitals or pubic area of any person or a breast of a female; and

(A) Actual or simulated sexual intercourse;

(B) Deviate sexual activity;

(C) Sexual bestiality;

(D) Masturbation;

(E) Sadomasochistic abuse; or

(F) Lewd exhibition of the genitals or pubic area of any person or a breast of a female; and

(5) "Sexual performance" means any performance or part of a performance that includes sexual conduct by a child under eighteen (18) years of age.

Acts 1983, No. 451, § 1; A.S.A. 1947, § 41-4206; Acts 1995, No. 337, § 1; 1995, No. 1209, § 2; 2007, No. 827, § 38; 2011, No. 1190, § 2.
Ark. Code Ann. § 5-64-1106 — AR Code / Title 5 / Chapter 64 / Subchapter 11 / Section 5-64-1106
Real-time electronic logbook
Status: in_force

(a) (1) Subject to available funding, on or before May 15, 2008, the Arkansas Crime Information Center shall provide pharmacies in this state access to a real-time electronic logbook for the purpose of entering into the real-time electronic logbook any transaction required to be reported by § 5-64-1104 . (2) The real-time electronic logbook shall have the capability to calculate both state and federal ephedrine, pseudoephedrine, or phenylpropanolamine purchase limitations. (b) The center may contract with a private vendor to implement this section. (c) The center shall not charge a pharmacy any fee: (1) To support the establishment or maintenance of the real-time electronic logbook; or (2) For any computer software required to be installed as part of the real-time electronic logbook. Acts 2007, No. 508, § 3.

(a) (1) Subject to available funding, on or before May 15, 2008, the Arkansas Crime Information Center shall provide pharmacies in this state access to a real-time electronic logbook for the purpose of entering into the real-time electronic logbook any transaction required to be reported by § 5-64-1104 . (2) The real-time electronic logbook shall have the capability to calculate both state and federal ephedrine, pseudoephedrine, or phenylpropanolamine purchase limitations.

(1) Subject to available funding, on or before May 15, 2008, the Arkansas Crime Information Center shall provide pharmacies in this state access to a real-time electronic logbook for the purpose of entering into the real-time electronic logbook any transaction required to be reported by § 5-64-1104 .

(2) The real-time electronic logbook shall have the capability to calculate both state and federal ephedrine, pseudoephedrine, or phenylpropanolamine purchase limitations.

(b) The center may contract with a private vendor to implement this section.

(c) The center shall not charge a pharmacy any fee: (1) To support the establishment or maintenance of the real-time electronic logbook; or (2) For any computer software required to be installed as part of the real-time electronic logbook.

(1) To support the establishment or maintenance of the real-time electronic logbook; or

(2) For any computer software required to be installed as part of the real-time electronic logbook.

Acts 2007, No. 508, § 3.
Ark. Code Ann. § 5-4-402 — AR Code / Title 5 / Chapter 4 / Subchapter 4 / Section 5-4-402
Place of imprisonment
Status: in_force

(a) Except as provided in §§ 5-4-304 and 16-93-708 , a defendant convicted of a felony and sentenced to imprisonment shall be committed to the custody of the Division of Correction for the term of his or her sentence or until released in accordance with law. (b) Except as provided in § 16-93-708 , a defendant convicted of a misdemeanor and sentenced to imprisonment shall be committed to the county jail or other authorized institution designated by the court for the term of his or her sentence or until released in accordance with law. (c) Except as provided in § 5-4-304 or § 16-93-708 , a defendant convicted of a felony violation of §§ 5-64-419 - 5-64-442 and sentenced to imprisonment shall be committed to the custody of the Division of Correction for the term of his or her sentence or until released in accordance with law. (d) (1) (A) A juvenile sentenced in circuit court who is less than sixteen (16) years of age when sentenced shall be committed to the custody of the Division of Youth Services until his or her sixteenth birthday, at which time he or she shall be transferred to the Division of Correction, except as provided by court order or parole decision made by the Post-Prison Transfer Board. (B) Any record from the Division of Youth Services shall be transferred to the Division of Correction at the time the juvenile is transferred. (2) A juvenile less than sixteen (16) years of age who is awaiting transfer to the Division of Correction shall be segregated from the general delinquency population housed at the Division of Youth Services. (e) (1) With the consent and approval of the Division of Youth Services, the Division of Correction may transfer from the Division of Correction to the Division of Youth Services any inmate less than eighteen (18) years of age who, in the opinion of the Division of Correction and the Division of Youth Services, is more suited and adaptable by age, physical size, and temperament to a program of the Department of Human Services. (2) (A) An inmate transferred to the Division of Youth Services shall be segregated from the general delinquency population housed at the Division of Youth Services. (B) If an inmate violates a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the Division of Youth Services may return the inmate to the Division of Correction. (3) Any inmate transferred to the Division of Youth Services under this subsection shall be returned to the Division of Correction on the inmate's eighteenth birthday. Amended by Act 2023, No. 659,§ 13, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 657, eff. 7/1/2019. Acts 1975, No. 280, § 902; 1985, No. 982, § 1; A.S.A. 1947, § 41-902; Acts 1999, No. 1192, § 11; 2001, No. 559, § 9; 2005, No. 680, § 2; 2011, No. 570, § 18; 2011, No. 1120, § 4.

(a) Except as provided in §§ 5-4-304 and 16-93-708 , a defendant convicted of a felony and sentenced to imprisonment shall be committed to the custody of the Division of Correction for the term of his or her sentence or until released in accordance with law.

(b) Except as provided in § 16-93-708 , a defendant convicted of a misdemeanor and sentenced to imprisonment shall be committed to the county jail or other authorized institution designated by the court for the term of his or her sentence or until released in accordance with law.

(c) Except as provided in § 5-4-304 or § 16-93-708 , a defendant convicted of a felony violation of §§ 5-64-419 - 5-64-442 and sentenced to imprisonment shall be committed to the custody of the Division of Correction for the term of his or her sentence or until released in accordance with law.

(d) (1) (A) A juvenile sentenced in circuit court who is less than sixteen (16) years of age when sentenced shall be committed to the custody of the Division of Youth Services until his or her sixteenth birthday, at which time he or she shall be transferred to the Division of Correction, except as provided by court order or parole decision made by the Post-Prison Transfer Board. (B) Any record from the Division of Youth Services shall be transferred to the Division of Correction at the time the juvenile is transferred. (2) A juvenile less than sixteen (16) years of age who is awaiting transfer to the Division of Correction shall be segregated from the general delinquency population housed at the Division of Youth Services.

(1) (A) A juvenile sentenced in circuit court who is less than sixteen (16) years of age when sentenced shall be committed to the custody of the Division of Youth Services until his or her sixteenth birthday, at which time he or she shall be transferred to the Division of Correction, except as provided by court order or parole decision made by the Post-Prison Transfer Board. (B) Any record from the Division of Youth Services shall be transferred to the Division of Correction at the time the juvenile is transferred.

(A) A juvenile sentenced in circuit court who is less than sixteen (16) years of age when sentenced shall be committed to the custody of the Division of Youth Services until his or her sixteenth birthday, at which time he or she shall be transferred to the Division of Correction, except as provided by court order or parole decision made by the Post-Prison Transfer Board.

(B) Any record from the Division of Youth Services shall be transferred to the Division of Correction at the time the juvenile is transferred.

(2) A juvenile less than sixteen (16) years of age who is awaiting transfer to the Division of Correction shall be segregated from the general delinquency population housed at the Division of Youth Services.

(e) (1) With the consent and approval of the Division of Youth Services, the Division of Correction may transfer from the Division of Correction to the Division of Youth Services any inmate less than eighteen (18) years of age who, in the opinion of the Division of Correction and the Division of Youth Services, is more suited and adaptable by age, physical size, and temperament to a program of the Department of Human Services. (2) (A) An inmate transferred to the Division of Youth Services shall be segregated from the general delinquency population housed at the Division of Youth Services. (B) If an inmate violates a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the Division of Youth Services may return the inmate to the Division of Correction. (3) Any inmate transferred to the Division of Youth Services under this subsection shall be returned to the Division of Correction on the inmate's eighteenth birthday.

(1) With the consent and approval of the Division of Youth Services, the Division of Correction may transfer from the Division of Correction to the Division of Youth Services any inmate less than eighteen (18) years of age who, in the opinion of the Division of Correction and the Division of Youth Services, is more suited and adaptable by age, physical size, and temperament to a program of the Department of Human Services.

(2) (A) An inmate transferred to the Division of Youth Services shall be segregated from the general delinquency population housed at the Division of Youth Services. (B) If an inmate violates a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the Division of Youth Services may return the inmate to the Division of Correction.

(A) An inmate transferred to the Division of Youth Services shall be segregated from the general delinquency population housed at the Division of Youth Services.

(B) If an inmate violates a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the Division of Youth Services may return the inmate to the Division of Correction.

(3) Any inmate transferred to the Division of Youth Services under this subsection shall be returned to the Division of Correction on the inmate's eighteenth birthday.

Amended by Act 2023, No. 659,§ 13, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 657, eff. 7/1/2019.

Acts 1975, No. 280, § 902; 1985, No. 982, § 1; A.S.A. 1947, § 41-902; Acts 1999, No. 1192, § 11; 2001, No. 559, § 9; 2005, No. 680, § 2; 2011, No. 570, § 18; 2011, No. 1120, § 4.
Ark. Code Ann. § 5-66-117 — AR Code / Title 5 / Chapter 66 / Section 5-66-117
Horseracing - Agency service wagering
Status: in_force

(a) (1) It is unlawful for any person, either for himself or herself or as agent or employee of another person, to place, offer, or agree to place, either in person or by messenger, telephone, or telegraph, a wager on behalf of another person, for a consideration paid or to be paid by or on behalf of the other person, on a thoroughbred horse race being conducted in or out of this state. (2) Upon conviction, a person who violates subdivision (a)(1) of this section is guilty of a Class D felony. (b) It is a defense to prosecution under this section if a defendant can prove that his or her wager on behalf of another person was: (1) Of a casual nature with no profit motive; and (2) Merely an accommodation to the other person. Acts 1977, No. 791, §§ 1, 2; A.S.A. 1947, §§ 41-3203, 41-3204; Acts 2007, No. 827, § 87.

(a) (1) It is unlawful for any person, either for himself or herself or as agent or employee of another person, to place, offer, or agree to place, either in person or by messenger, telephone, or telegraph, a wager on behalf of another person, for a consideration paid or to be paid by or on behalf of the other person, on a thoroughbred horse race being conducted in or out of this state. (2) Upon conviction, a person who violates subdivision (a)(1) of this section is guilty of a Class D felony.

(1) It is unlawful for any person, either for himself or herself or as agent or employee of another person, to place, offer, or agree to place, either in person or by messenger, telephone, or telegraph, a wager on behalf of another person, for a consideration paid or to be paid by or on behalf of the other person, on a thoroughbred horse race being conducted in or out of this state.

(2) Upon conviction, a person who violates subdivision (a)(1) of this section is guilty of a Class D felony.

(b) It is a defense to prosecution under this section if a defendant can prove that his or her wager on behalf of another person was: (1) Of a casual nature with no profit motive; and (2) Merely an accommodation to the other person.

(1) Of a casual nature with no profit motive; and

(2) Merely an accommodation to the other person.

Acts 1977, No. 791, §§ 1, 2; A.S.A. 1947, §§ 41-3203, 41-3204; Acts 2007, No. 827, § 87.
Ark. Code Ann. § 5-4-910 — AR Code / Title 5 / Chapter 4 / Subchapter 9 / Section 5-4-910
Disposition of court costs and user fees
Status: in_force

(a) All court costs and pre-adjudication probation program user fees assessed by the pre-adjudication probation program judge shall be paid to the circuit court clerk for remittance to the county treasury under § 14-14-1313 . (b) The county treasurer shall credit all court costs received under this section to the county administration of justice fund to be distributed under § 16-10-307 . (c) The county treasurer shall credit all pre-adjudication probation program user fees received under this section to a fund known as the county pre-adjudication probation program fund and appropriated by the quorum court for the benefit and administration of the pre-adjudication probation program. Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.

(a) All court costs and pre-adjudication probation program user fees assessed by the pre-adjudication probation program judge shall be paid to the circuit court clerk for remittance to the county treasury under § 14-14-1313 .

(b) The county treasurer shall credit all court costs received under this section to the county administration of justice fund to be distributed under § 16-10-307 .

(c) The county treasurer shall credit all pre-adjudication probation program user fees received under this section to a fund known as the county pre-adjudication probation program fund and appropriated by the quorum court for the benefit and administration of the pre-adjudication probation program.

Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-41-204 — AR Code / Title 5 / Chapter 41 / Subchapter 2 / Section 5-41-204
Unlawful use of encryption
Status: in_force

(a) A person commits unlawful use of encryption if the person knowingly uses or attempts to use encryption, directly or indirectly, to: (1) Commit, facilitate, further, or promote any criminal offense; (2) Aid, assist, or encourage another person to commit any criminal offense; (3) Conceal the commission of any criminal offense; (4) Conceal or protect the identity of a person who has committed any criminal offense; or (5) Delay, hinder, or obstruct the administration of the law. (b) A person who violates any provision of this section commits a criminal offense that is separate and distinct from any other criminal offense and may be prosecuted and convicted pursuant to this section whether or not the person or any other person is or has been prosecuted or convicted for any other criminal offense arising out of the same facts as the violation of this section. (c) An unlawful use of encryption is a: (1) Class D felony if the criminal offense concealed by encryption is a Class Y felony, Class A felony, or Class B felony; (2) Class A misdemeanor if the criminal offense concealed by encryption is a Class C felony, Class D felony, or an unclassified felony; or (3) Misdemeanor classed one (1) degree below the misdemeanor constituted by the criminal offense concealed by encryption for any other unlawful use of encryption. Acts 2001, No. 1496, § 2.

(a) A person commits unlawful use of encryption if the person knowingly uses or attempts to use encryption, directly or indirectly, to: (1) Commit, facilitate, further, or promote any criminal offense; (2) Aid, assist, or encourage another person to commit any criminal offense; (3) Conceal the commission of any criminal offense; (4) Conceal or protect the identity of a person who has committed any criminal offense; or (5) Delay, hinder, or obstruct the administration of the law.

(1) Commit, facilitate, further, or promote any criminal offense;

(2) Aid, assist, or encourage another person to commit any criminal offense;

(3) Conceal the commission of any criminal offense;

(4) Conceal or protect the identity of a person who has committed any criminal offense; or

(5) Delay, hinder, or obstruct the administration of the law.

(b) A person who violates any provision of this section commits a criminal offense that is separate and distinct from any other criminal offense and may be prosecuted and convicted pursuant to this section whether or not the person or any other person is or has been prosecuted or convicted for any other criminal offense arising out of the same facts as the violation of this section.

(c) An unlawful use of encryption is a: (1) Class D felony if the criminal offense concealed by encryption is a Class Y felony, Class A felony, or Class B felony; (2) Class A misdemeanor if the criminal offense concealed by encryption is a Class C felony, Class D felony, or an unclassified felony; or (3) Misdemeanor classed one (1) degree below the misdemeanor constituted by the criminal offense concealed by encryption for any other unlawful use of encryption.

(1) Class D felony if the criminal offense concealed by encryption is a Class Y felony, Class A felony, or Class B felony;

(2) Class A misdemeanor if the criminal offense concealed by encryption is a Class C felony, Class D felony, or an unclassified felony; or

(3) Misdemeanor classed one (1) degree below the misdemeanor constituted by the criminal offense concealed by encryption for any other unlawful use of encryption.

Acts 2001, No. 1496, § 2.
Ark. Code Ann. § 5-36-307 — AR Code / Title 5 / Chapter 36 / Subchapter 3 / Section 5-36-307
Scanners not prohibited
Status: in_force

The provisions of this subchapter shall not be construed to prohibit the possession or use of a police scanner or an emergency scanner available to the general public. Acts 1997, No. 1310, § 7.

The provisions of this subchapter shall not be construed to prohibit the possession or use of a police scanner or an emergency scanner available to the general public.

Acts 1997, No. 1310, § 7.
Ark. Code Ann. § 5-55-105 — AR Code / Title 5 / Chapter 55 / Subchapter 1 / Section 5-55-105
Liability of organizations
Status: in_force

In naming a person as a defendant under this subchapter, it is expressly intended that all of the provisions of §§ 5-2-501 - 5-2-503 apply. Acts 1979, No. 823, § 5; A.S.A. 1947, § 41-4405.

In naming a person as a defendant under this subchapter, it is expressly intended that all of the provisions of §§ 5-2-501 - 5-2-503 apply.

Acts 1979, No. 823, § 5; A.S.A. 1947, § 41-4405.
Ark. Code Ann. § 5-65-301 — AR Code / Title 5 / Chapter 65 / Subchapter 3 / Section 5-65-301
Title
Status: in_force

This subchapter may be known and cited as the "Underage Driving or Boating Under the Influence Law" or the "Underage DUI or BUI Law". Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015. Acts 1993, No. 863, § 1.

This subchapter may be known and cited as the "Underage Driving or Boating Under the Influence Law" or the "Underage DUI or BUI Law".

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

Acts 1993, No. 863, § 1.
Ark. Code Ann. § 5-68-402 — AR Code / Title 5 / Chapter 68 / Subchapter 4 / Section 5-68-402
Purpose and intent
Status: in_force

(a) The General Assembly determines that during the past several years, the spread of obscene publications has become a matter of increasingly grave concern to the people of this state. (b) The elimination of this evil and the consequent protection of the citizens and residents of this state against those publications are in the best interests of the morals and general welfare of the people. (c) The accomplishment of these ends can best be achieved by providing prosecuting attorneys both with a speedy civil remedy for obtaining a judicial determination of the character and contents of publications and with an effective power to reach nonresidents responsible for the composition, publication, and distribution of obscene publications within the state. Acts 1961, No. 261, § 2; A.S.A. 1947, § 41-3563.

(a) The General Assembly determines that during the past several years, the spread of obscene publications has become a matter of increasingly grave concern to the people of this state.

(b) The elimination of this evil and the consequent protection of the citizens and residents of this state against those publications are in the best interests of the morals and general welfare of the people.

(c) The accomplishment of these ends can best be achieved by providing prosecuting attorneys both with a speedy civil remedy for obtaining a judicial determination of the character and contents of publications and with an effective power to reach nonresidents responsible for the composition, publication, and distribution of obscene publications within the state.

Acts 1961, No. 261, § 2; A.S.A. 1947, § 41-3563.
Ark. Code Ann. § 5-64-428 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-428
Possession of a Schedule III controlled substance with the purpose to deliver
Status: in_force

(a) Except as provided by this chapter, it is unlawful if a person possesses a Schedule III controlled substance with the purpose to deliver the Schedule III controlled substance. Purpose to deliver may be shown by any of the following factors: (1) The person possesses the means to weigh, separate, or package a Schedule III controlled substance; (2) The person possesses a record indicating a drug-related transaction; (3) The Schedule III controlled substance is separated and packaged in a manner to facilitate delivery; (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the Schedule III controlled substance; (5) The person possesses at least two (2) other controlled substances in any amount; or (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a Schedule III controlled substance. (b) A person who violates this section upon conviction is guilty of a: (1) Class C felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Less than twenty-eight grams (28g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(1); (B) Less than eighty (80) dosage units for any other Schedule III depressant or hallucinogenic drug; or (C) Less than eighty (80) dosage units for any other Schedule III stimulant drug; (2) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III depressant or hallucinogenic drug; or (C) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III stimulant drug; or (3) Class A felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Two hundred grams (200g) or more but less than four hundred grams (400g) of a Schedule III controlled substance not a controlled substance listed in this subdivision (b)(3); (B) One hundred sixty (160) dosage units or more for any other Schedule III depressant or hallucinogenic drug; or (C) One hundred sixty (160) dosage units or more for any other Schedule III stimulant drug. (c) It is a defense to a prosecution under this section that the person possessed less than the minimum listed amount of a Schedule III controlled substance that is listed in this section. Amended by Act 2013, No. 529,§ 2, eff. 8/16/2013. Acts 2011, No. 570, § 51.

(a) Except as provided by this chapter, it is unlawful if a person possesses a Schedule III controlled substance with the purpose to deliver the Schedule III controlled substance. Purpose to deliver may be shown by any of the following factors: (1) The person possesses the means to weigh, separate, or package a Schedule III controlled substance; (2) The person possesses a record indicating a drug-related transaction; (3) The Schedule III controlled substance is separated and packaged in a manner to facilitate delivery; (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the Schedule III controlled substance; (5) The person possesses at least two (2) other controlled substances in any amount; or (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a Schedule III controlled substance.

(1) The person possesses the means to weigh, separate, or package a Schedule III controlled substance;

(2) The person possesses a record indicating a drug-related transaction;

(3) The Schedule III controlled substance is separated and packaged in a manner to facilitate delivery;

(4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the Schedule III controlled substance;

(5) The person possesses at least two (2) other controlled substances in any amount; or

(6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a Schedule III controlled substance.

(b) A person who violates this section upon conviction is guilty of a: (1) Class C felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Less than twenty-eight grams (28g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(1); (B) Less than eighty (80) dosage units for any other Schedule III depressant or hallucinogenic drug; or (C) Less than eighty (80) dosage units for any other Schedule III stimulant drug; (2) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III depressant or hallucinogenic drug; or (C) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III stimulant drug; or (3) Class A felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Two hundred grams (200g) or more but less than four hundred grams (400g) of a Schedule III controlled substance not a controlled substance listed in this subdivision (b)(3); (B) One hundred sixty (160) dosage units or more for any other Schedule III depressant or hallucinogenic drug; or (C) One hundred sixty (160) dosage units or more for any other Schedule III stimulant drug.

(1) Class C felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Less than twenty-eight grams (28g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(1); (B) Less than eighty (80) dosage units for any other Schedule III depressant or hallucinogenic drug; or (C) Less than eighty (80) dosage units for any other Schedule III stimulant drug;

(A) Less than twenty-eight grams (28g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(1);

(B) Less than eighty (80) dosage units for any other Schedule III depressant or hallucinogenic drug; or

(C) Less than eighty (80) dosage units for any other Schedule III stimulant drug;

(2) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III depressant or hallucinogenic drug; or (C) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III stimulant drug; or

(A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(2);

(B) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III depressant or hallucinogenic drug; or

(C) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III stimulant drug; or

(3) Class A felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Two hundred grams (200g) or more but less than four hundred grams (400g) of a Schedule III controlled substance not a controlled substance listed in this subdivision (b)(3); (B) One hundred sixty (160) dosage units or more for any other Schedule III depressant or hallucinogenic drug; or (C) One hundred sixty (160) dosage units or more for any other Schedule III stimulant drug.

(A) Two hundred grams (200g) or more but less than four hundred grams (400g) of a Schedule III controlled substance not a controlled substance listed in this subdivision (b)(3);

(B) One hundred sixty (160) dosage units or more for any other Schedule III depressant or hallucinogenic drug; or

(C) One hundred sixty (160) dosage units or more for any other Schedule III stimulant drug.

(c) It is a defense to a prosecution under this section that the person possessed less than the minimum listed amount of a Schedule III controlled substance that is listed in this section.

Amended by Act 2013, No. 529,§ 2, eff. 8/16/2013.

Acts 2011, No. 570, § 51.
Ark. Code Ann. § 5-53-115 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-115
Jury tampering
Status: in_force

(a) A person commits the offense of jury tampering if he or she attempts directly or indirectly to communicate with a juror, other than as a part of the official proceedings in which the juror is participating, with the purpose of influencing the juror's vote, decision, or other action as a juror. (b) Juror tampering is a Class C felony. Amended by Act 2019, No. 1017,§ 6, eff. 7/24/2019. Acts 1975, No. 280, § 2615; A.S.A. 1947, § 41-2615.

(a) A person commits the offense of jury tampering if he or she attempts directly or indirectly to communicate with a juror, other than as a part of the official proceedings in which the juror is participating, with the purpose of influencing the juror's vote, decision, or other action as a juror.

(b) Juror tampering is a Class C felony.

Amended by Act 2019, No. 1017,§ 6, eff. 7/24/2019.

Acts 1975, No. 280, § 2615; A.S.A. 1947, § 41-2615.
Ark. Code Ann. § 5-38-206 — AR Code / Title 5 / Chapter 38 / Subchapter 2 / Section 5-38-206
Damaging wires and other fixtures of telephone, cable, and electric power companies
Status: in_force

(a) It is unlawful for a person to knowingly damage, destroy, or pull down: (1) A telephone, cable communications, or electric power transmission pedestal or pole owned or operated by a telephone, cable, or electric power company; (2) A telephone, cable communications, or electric power line, wire, fiber insulator, power supply transformer, transmission, or other apparatus, equipment, or fixture, including without limitation a backup deep cycle battery or other power supply, used in the transmission of telephone, cable communications, or electric power owned or operated by a telephone, cable, or electric power company; or (3) Equipment related to wireless communications that are regulated by the Federal Communications Commission. (b) It is unlawful for a person to knowingly damage, destroy, remove, or alter in a way that could result in physical injury any electric power line, gas line, water line, wire or fiber insulator, electric motor, or other similar apparatus connected to a farm shop, an on-farm grain drying and storage complex, a heating and cooling system, an environmental control system, an animal production facility, an irrigation system, or a dwelling. (c) A violation of this section is a Class D felony. Amended by Act 2019, No. 311,§ 2, eff. 7/24/2019. Acts 2009, No. 390, § 1; 2011, No. 1120, § 10.

(a) It is unlawful for a person to knowingly damage, destroy, or pull down: (1) A telephone, cable communications, or electric power transmission pedestal or pole owned or operated by a telephone, cable, or electric power company; (2) A telephone, cable communications, or electric power line, wire, fiber insulator, power supply transformer, transmission, or other apparatus, equipment, or fixture, including without limitation a backup deep cycle battery or other power supply, used in the transmission of telephone, cable communications, or electric power owned or operated by a telephone, cable, or electric power company; or (3) Equipment related to wireless communications that are regulated by the Federal Communications Commission.

(1) A telephone, cable communications, or electric power transmission pedestal or pole owned or operated by a telephone, cable, or electric power company;

(2) A telephone, cable communications, or electric power line, wire, fiber insulator, power supply transformer, transmission, or other apparatus, equipment, or fixture, including without limitation a backup deep cycle battery or other power supply, used in the transmission of telephone, cable communications, or electric power owned or operated by a telephone, cable, or electric power company; or

(3) Equipment related to wireless communications that are regulated by the Federal Communications Commission.

(b) It is unlawful for a person to knowingly damage, destroy, remove, or alter in a way that could result in physical injury any electric power line, gas line, water line, wire or fiber insulator, electric motor, or other similar apparatus connected to a farm shop, an on-farm grain drying and storage complex, a heating and cooling system, an environmental control system, an animal production facility, an irrigation system, or a dwelling.

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

Amended by Act 2019, No. 311,§ 2, eff. 7/24/2019.

Acts 2009, No. 390, § 1; 2011, No. 1120, § 10.
Ark. Code Ann. § 5-27-504 — AR Code / Title 5 / Chapter 27 / Subchapter 5 / Section 5-27-504
Denial of driving privileges
Status: in_force

(a) (1) If a minor pleads guilty, nolo contendere, or is found guilty of violation of § 5-27-503 , or is found by a juvenile division of circuit court to have committed a violation of § 5-27-503 , the court shall prepare and transmit to the Department of Finance and Administration within twenty-four (24) hours after the plea or finding an order of denial of driving privileges for the minor. (2) In a case of extreme and unusual hardship, the order may provide for the issuance of a restricted driving permit to allow driving to and from a place of employment or driving to and from school. (b) Upon receipt of an order of denial of driving privileges under this subchapter, the department shall suspend the motor vehicle operator's license of the minor for twelve (12) months or until the minor reaches eighteen (18) years of age, whichever period of time is shortest. (c) A penalty prescribed in this section is in addition to a penalty prescribed by § 5-27-503 . Acts 1991, No. 567, § 4.

(a) (1) If a minor pleads guilty, nolo contendere, or is found guilty of violation of § 5-27-503 , or is found by a juvenile division of circuit court to have committed a violation of § 5-27-503 , the court shall prepare and transmit to the Department of Finance and Administration within twenty-four (24) hours after the plea or finding an order of denial of driving privileges for the minor. (2) In a case of extreme and unusual hardship, the order may provide 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) If a minor pleads guilty, nolo contendere, or is found guilty of violation of § 5-27-503 , or is found by a juvenile division of circuit court to have committed a violation of § 5-27-503 , the court shall prepare and transmit to the Department of Finance and Administration within twenty-four (24) hours after the plea or finding an order of denial of driving privileges for the minor.

(2) In a case of extreme and unusual hardship, the order may provide for the issuance of a restricted driving permit to allow driving to and from a place of employment or driving to and from school.

(b) Upon receipt of an order of denial of driving privileges under this subchapter, the department shall suspend the motor vehicle operator's license of the minor for twelve (12) months or until the minor reaches eighteen (18) years of age, whichever period of time is shortest.

(c) A penalty prescribed in this section is in addition to a penalty prescribed by § 5-27-503 .

Acts 1991, No. 567, § 4.
Ark. Code Ann. § 5-71-204 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-204
Arming rioters
Status: in_force

(a) A person commits the offense of arming rioters if he or she: (1) Furnishes a deadly weapon or explosive device to another person knowing the deadly weapon or explosive device is to be used in a riot; or (2) Instructs another person in the preparation or use of a deadly weapon or explosive device knowing that the deadly weapon or explosive device is to be used in a riot. (b) Arming rioters is a Class B felony. Acts 1975, No. 280, § 2905; A.S.A. 1947, § 41-2905.

(a) A person commits the offense of arming rioters if he or she: (1) Furnishes a deadly weapon or explosive device to another person knowing the deadly weapon or explosive device is to be used in a riot; or (2) Instructs another person in the preparation or use of a deadly weapon or explosive device knowing that the deadly weapon or explosive device is to be used in a riot.

(1) Furnishes a deadly weapon or explosive device to another person knowing the deadly weapon or explosive device is to be used in a riot; or

(2) Instructs another person in the preparation or use of a deadly weapon or explosive device knowing that the deadly weapon or explosive device is to be used in a riot.

(b) Arming rioters is a Class B felony.

Acts 1975, No. 280, § 2905; A.S.A. 1947, § 41-2905.
Ark. Code Ann. § 5-4-207 — AR Code / Title 5 / Chapter 4 / Subchapter 2 / Section 5-4-207
Installment payments - Request for temporary acceptance
Status: in_force

(a) (1) If a defendant is paying a fine or costs as the result of a felony conviction in installments as authorized under § 5-4-202(b) , the defendant may contact the entity with the responsibility to collect the fines or costs and request that the entity permit a lower installment payment based upon a demonstration of hardship. (2) (A) Lower installment payments may be accepted by the entity with the responsibility to collect the fines or costs under subdivision (a)(1) of this section for no more than three (3) consecutive months. (B) A request for and acceptance of lower installment payments in excess of or more than three (3) months shall be made by order of the circuit court. (b) (1) A defendant shall not request permission under subsection (a) of this section if the defendant's failure to pay is attributable to the defendant's: (A) Purposeful refusal to obey the sentence of the court; or (B) Refusal or failure to make a good-faith effort to obtain the funds required for payment. (2) (A) If a defendant becomes delinquent in his or her installment payments and a warrant is issued for the defendant's arrest, the bond amount set by the court shall not exceed ten percent (10%) of the amount of the defendant's arrearage. (B) However, a defendant is not delinquent during a period in which he or she: (i) Has had his or her installment payment amount lowered as provided under subsection (a) of this section; and (ii) Is making installment payments in accordance with the lower payments as temporarily authorized under subsection (a) of this section. (c) (1) An inmate in the Department of Corrections upon request is permitted to file in the circuit court in which the inmate has outstanding fines, court costs, fees, or restitution obligations notice to the circuit court of his or her incarceration and to seek temporary abatement or the imposition of reduced installment payments during the period of his or her incarceration. (2) An inmate in the department upon request may be allowed to make arrangements during the time period six (6) months or less before his or her release from custody to file in the circuit court in which the inmate has outstanding fines, court costs, fees, or restitution obligations notice to the circuit court of his or her impending release from incarceration and to seek temporary abatement or the imposition of reduced installment payments during the six-month period immediately following the scheduled release from incarceration. (d) (1) If the circuit court determines that a hearing is necessary, a hearing under this subsection may be conducted. (2) The preferred method to conduct the hearing is by telephone, video conference, or other electronic means. Added by Act 2021, No. 1071,§ 2, eff. 7/28/2021.

(a) (1) If a defendant is paying a fine or costs as the result of a felony conviction in installments as authorized under § 5-4-202(b) , the defendant may contact the entity with the responsibility to collect the fines or costs and request that the entity permit a lower installment payment based upon a demonstration of hardship. (2) (A) Lower installment payments may be accepted by the entity with the responsibility to collect the fines or costs under subdivision (a)(1) of this section for no more than three (3) consecutive months. (B) A request for and acceptance of lower installment payments in excess of or more than three (3) months shall be made by order of the circuit court.

(1) If a defendant is paying a fine or costs as the result of a felony conviction in installments as authorized under § 5-4-202(b) , the defendant may contact the entity with the responsibility to collect the fines or costs and request that the entity permit a lower installment payment based upon a demonstration of hardship.

(2) (A) Lower installment payments may be accepted by the entity with the responsibility to collect the fines or costs under subdivision (a)(1) of this section for no more than three (3) consecutive months. (B) A request for and acceptance of lower installment payments in excess of or more than three (3) months shall be made by order of the circuit court.

(A) Lower installment payments may be accepted by the entity with the responsibility to collect the fines or costs under subdivision (a)(1) of this section for no more than three (3) consecutive months.

(B) A request for and acceptance of lower installment payments in excess of or more than three (3) months shall be made by order of the circuit court.

(b) (1) A defendant shall not request permission under subsection (a) of this section if the defendant's failure to pay is attributable to the defendant's: (A) Purposeful refusal to obey the sentence of the court; or (B) Refusal or failure to make a good-faith effort to obtain the funds required for payment. (2) (A) If a defendant becomes delinquent in his or her installment payments and a warrant is issued for the defendant's arrest, the bond amount set by the court shall not exceed ten percent (10%) of the amount of the defendant's arrearage. (B) However, a defendant is not delinquent during a period in which he or she: (i) Has had his or her installment payment amount lowered as provided under subsection (a) of this section; and (ii) Is making installment payments in accordance with the lower payments as temporarily authorized under subsection (a) of this section.

(1) A defendant shall not request permission under subsection (a) of this section if the defendant's failure to pay is attributable to the defendant's: (A) Purposeful refusal to obey the sentence of the court; or (B) Refusal or failure to make a good-faith effort to obtain the funds required for payment.

(A) Purposeful refusal to obey the sentence of the court; or

(B) Refusal or failure to make a good-faith effort to obtain the funds required for payment.

(2) (A) If a defendant becomes delinquent in his or her installment payments and a warrant is issued for the defendant's arrest, the bond amount set by the court shall not exceed ten percent (10%) of the amount of the defendant's arrearage. (B) However, a defendant is not delinquent during a period in which he or she: (i) Has had his or her installment payment amount lowered as provided under subsection (a) of this section; and (ii) Is making installment payments in accordance with the lower payments as temporarily authorized under subsection (a) of this section.

(A) If a defendant becomes delinquent in his or her installment payments and a warrant is issued for the defendant's arrest, the bond amount set by the court shall not exceed ten percent (10%) of the amount of the defendant's arrearage.

(B) However, a defendant is not delinquent during a period in which he or she: (i) Has had his or her installment payment amount lowered as provided under subsection (a) of this section; and (ii) Is making installment payments in accordance with the lower payments as temporarily authorized under subsection (a) of this section.

(i) Has had his or her installment payment amount lowered as provided under subsection (a) of this section; and

(ii) Is making installment payments in accordance with the lower payments as temporarily authorized under subsection (a) of this section.

(c) (1) An inmate in the Department of Corrections upon request is permitted to file in the circuit court in which the inmate has outstanding fines, court costs, fees, or restitution obligations notice to the circuit court of his or her incarceration and to seek temporary abatement or the imposition of reduced installment payments during the period of his or her incarceration. (2) An inmate in the department upon request may be allowed to make arrangements during the time period six (6) months or less before his or her release from custody to file in the circuit court in which the inmate has outstanding fines, court costs, fees, or restitution obligations notice to the circuit court of his or her impending release from incarceration and to seek temporary abatement or the imposition of reduced installment payments during the six-month period immediately following the scheduled release from incarceration.

(1) An inmate in the Department of Corrections upon request is permitted to file in the circuit court in which the inmate has outstanding fines, court costs, fees, or restitution obligations notice to the circuit court of his or her incarceration and to seek temporary abatement or the imposition of reduced installment payments during the period of his or her incarceration.

(2) An inmate in the department upon request may be allowed to make arrangements during the time period six (6) months or less before his or her release from custody to file in the circuit court in which the inmate has outstanding fines, court costs, fees, or restitution obligations notice to the circuit court of his or her impending release from incarceration and to seek temporary abatement or the imposition of reduced installment payments during the six-month period immediately following the scheduled release from incarceration.

(d) (1) If the circuit court determines that a hearing is necessary, a hearing under this subsection may be conducted. (2) The preferred method to conduct the hearing is by telephone, video conference, or other electronic means.

(1) If the circuit court determines that a hearing is necessary, a hearing under this subsection may be conducted.

(2) The preferred method to conduct the hearing is by telephone, video conference, or other electronic means.

Added by Act 2021, No. 1071,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 5-26-203 — AR Code / Title 5 / Chapter 26 / Subchapter 2 / Section 5-26-203
Concealing birth
Status: in_force

(a) A person commits the offense of concealing birth if he or she hides the corpse of a newborn child with purpose to conceal the fact of the child's birth or to prevent a determination of whether the child was born alive. (b) Concealing birth is a Class D felony. Acts 1975, No. 280, § 2404; A.S.A. 1947, § 41-2404; Acts 2001, No. 205, § 1.

(a) A person commits the offense of concealing birth if he or she hides the corpse of a newborn child with purpose to conceal the fact of the child's birth or to prevent a determination of whether the child was born alive.

(b) Concealing birth is a Class D felony.

Acts 1975, No. 280, § 2404; A.S.A. 1947, § 41-2404; Acts 2001, No. 205, § 1.
Ark. Code Ann. § 5-71-210 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-210
Communicating a false alarm
Status: in_force

(a) A person commits the offense of communicating a false alarm if he or she purposely initiates or circulates a report of a present, past, or impending bombing, fire, offense, catastrophe, or other emergency while knowing that the report is false or baseless and knowing that it is likely to: (1) Cause action of any sort by an official or volunteer agency organized to deal with emergencies; (2) Place any person in fear of physical injury to himself or herself or another person or of damage to his or her property or that of another person; or (3) Cause total or partial evacuation of any occupiable structure, vehicle, or vital public facility. (b) (1) (A) Communicating a false alarm is a Class C felony if physical injury to a person results. (B) Communicating a false alarm is a Class D felony if: (i) Damage to property results; or (ii) The false alarm communicates a present or impending bombing and is made to or about a public or private educational institution. (2) (A) If there is no resulting physical injury or damage to property, communicating a false alarm is a Class A misdemeanor. (B) A second or subsequent offense that would otherwise be a Class A misdemeanor is a Class D felony. (c) In addition to any other restitution ordered under § 5-4-205 , the court may order that a person who violates this section make restitution to the State of Arkansas or any of its political subdivisions for any cleanup costs associated with the commission of the offense. Acts 1975, No. 280, § 2911; A.S.A. 1947, § 41-2911; Acts 2001, No. 567, § 1; 2003, No. 1342, § 4.

(a) A person commits the offense of communicating a false alarm if he or she purposely initiates or circulates a report of a present, past, or impending bombing, fire, offense, catastrophe, or other emergency while knowing that the report is false or baseless and knowing that it is likely to: (1) Cause action of any sort by an official or volunteer agency organized to deal with emergencies; (2) Place any person in fear of physical injury to himself or herself or another person or of damage to his or her property or that of another person; or (3) Cause total or partial evacuation of any occupiable structure, vehicle, or vital public facility.

(1) Cause action of any sort by an official or volunteer agency organized to deal with emergencies;

(2) Place any person in fear of physical injury to himself or herself or another person or of damage to his or her property or that of another person; or

(3) Cause total or partial evacuation of any occupiable structure, vehicle, or vital public facility.

(b) (1) (A) Communicating a false alarm is a Class C felony if physical injury to a person results. (B) Communicating a false alarm is a Class D felony if: (i) Damage to property results; or (ii) The false alarm communicates a present or impending bombing and is made to or about a public or private educational institution. (2) (A) If there is no resulting physical injury or damage to property, communicating a false alarm is a Class A misdemeanor. (B) A second or subsequent offense that would otherwise be a Class A misdemeanor is a Class D felony.

(1) (A) Communicating a false alarm is a Class C felony if physical injury to a person results. (B) Communicating a false alarm is a Class D felony if: (i) Damage to property results; or (ii) The false alarm communicates a present or impending bombing and is made to or about a public or private educational institution.

(A) Communicating a false alarm is a Class C felony if physical injury to a person results.

(B) Communicating a false alarm is a Class D felony if: (i) Damage to property results; or (ii) The false alarm communicates a present or impending bombing and is made to or about a public or private educational institution.

(i) Damage to property results; or

(ii) The false alarm communicates a present or impending bombing and is made to or about a public or private educational institution.

(2) (A) If there is no resulting physical injury or damage to property, communicating a false alarm is a Class A misdemeanor. (B) A second or subsequent offense that would otherwise be a Class A misdemeanor is a Class D felony.

(A) If there is no resulting physical injury or damage to property, communicating a false alarm is a Class A misdemeanor.

(B) A second or subsequent offense that would otherwise be a Class A misdemeanor is a Class D felony.

(c) In addition to any other restitution ordered under § 5-4-205 , the court may order that a person who violates this section make restitution to the State of Arkansas or any of its political subdivisions for any cleanup costs associated with the commission of the offense.

Acts 1975, No. 280, § 2911; A.S.A. 1947, § 41-2911; Acts 2001, No. 567, § 1; 2003, No. 1342, § 4.
Ark. Code Ann. § 5-71-216 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-216
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1348,§ 17, eff. 8/16/2013. Acts 1975, No. 280, § 2917; A.S.A. 1947, § 41-2917.

Repealed by Act 2013, No. 1348,§ 17, eff. 8/16/2013.

Acts 1975, No. 280, § 2917; A.S.A. 1947, § 41-2917.
Ark. Code Ann. § 5-37-502 — AR Code / Title 5 / Chapter 37 / Subchapter 5 / Section 5-37-502
Animals - Marking, branding, or altering brands
Status: in_force

If any person shall mark, brand, or alter the mark or brand of any animal being the property of another person with an intent to steal or convert the carcass or skin of the animal to his or her own use or to prevent identification by the true owner, then upon conviction the person shall be punished in the same manner prescribed by law for theft of the value of the animal. Chapters of Digest p. 232 (4/12/1869), § 1; C. & M. Dig., § 2508; Pope's Dig., § 3159; A.S.A. 1947, § 41-2374; Acts 2005, No. 1994, § 292.

If any person shall mark, brand, or alter the mark or brand of any animal being the property of another person with an intent to steal or convert the carcass or skin of the animal to his or her own use or to prevent identification by the true owner, then upon conviction the person shall be punished in the same manner prescribed by law for theft of the value of the animal.

Chapters of Digest p. 232 (4/12/1869), § 1; C. & M. Dig., § 2508; Pope's Dig., § 3159; A.S.A. 1947, § 41-2374; Acts 2005, No. 1994, § 292.
Ark. Code Ann. § 5-64-201 — AR Code / Title 5 / Chapter 64 / Subchapter 2 / Section 5-64-201
Secretary's duties
Status: in_force

(a) (1) (A) (i) The Secretary of the Department of Health shall administer this chapter and may add a substance to or delete or reschedule any substance enumerated in a schedule under the procedures of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (ii) The secretary may promulgate without action or approval of the State Board of Health an emergency rule under the procedures of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., that adds a substance to or deletes a substance from a schedule or reschedules a substance. (iii) If the secretary adds, deletes, or reschedules a substance through an emergency rule under the procedures of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the emergency rule may be effective for no longer than one hundred eighty (180) days. (B) However, the secretary shall not delete any substance from a schedule in effect on July 20, 1979, without prior approval by the Legislative Council. (2) In making a determination regarding a substance, the secretary shall consider the following: (A) The actual or relative potential for abuse; (B) The scientific evidence of its pharmacological effect, if known; (C) The state of current scientific knowledge regarding the substance; (D) The history and current pattern of abuse; (E) The scope, duration, and significance of abuse; (F) The risk to public health; (G) The potential of the substance to produce psychic or physiological dependence liability; and (H) Whether the substance is an immediate precursor of a substance already controlled under this subchapter. (b) After considering the factors enumerated in subsection (a) of this section, the secretary shall make findings with respect to the factors and issue a rule controlling the substance if he or she finds the substance has a potential for abuse. (c) If the secretary designates a substance as an immediate precursor, a substance that is a precursor of the controlled precursor is not subject to control solely because it is a precursor of the controlled precursor. (d) (1) If any substance is designated as a controlled substance under federal law and notice of the designation is given to the secretary, the secretary shall similarly control the substance under this chapter after the expiration of thirty (30) days from publication in the Federal Register of a final order designating a substance as a controlled substance unless within that thirty-day period the secretary objects to inclusion. (2) (A) If the secretary objects to inclusion, the secretary shall publish the reasons for objection and afford any interested party an opportunity to be heard. (B) At the conclusion of the hearing, the secretary shall publish his or her decision. (C) Any person aggrieved by a decision of the secretary is entitled to judicial review in the Pulaski County Circuit Court. (3) Upon publication of objection to inclusion under this chapter by the secretary, control under this chapter is stayed until the secretary publishes his or her decision or, if judicial review is sought, the inclusion is stayed until adjudication of the judicial review. (4) If notice has been given to the secretary that the United States Food and Drug Administration has designated, rescheduled, or descheduled a marijuana-derived substance under federal law and approved for marketing the marijuana-derived substance as a prescription medication, the secretary shall consider the designation, rescheduling, or descheduling of the marijuana-derived substance under this chapter. (e) Authority to control under this section does not extend to distilled spirits, wine, malt beverages, or tobacco. (f) The secretary shall schedule gamma-hydroxybutyrate and its known precursors and analogs in a manner consistent with the procedures outlined in this section. Amended by Act 2019, No. 910,§ 4831, eff. 7/1/2019. Amended by Act 2017, No. 440,§ 1, eff. 8/1/2017. Acts 1971, No. 590, Art. 2, § 1; 1973, No. 186, § 1; 1979, No. 898, § 3; A.S.A. 1947, § 82-2602; Acts 2001, No. 320, § 2; 2005, No. 1994, § 302; 2011, No. 587, § 1.

(a) (1) (A) (i) The Secretary of the Department of Health shall administer this chapter and may add a substance to or delete or reschedule any substance enumerated in a schedule under the procedures of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (ii) The secretary may promulgate without action or approval of the State Board of Health an emergency rule under the procedures of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., that adds a substance to or deletes a substance from a schedule or reschedules a substance. (iii) If the secretary adds, deletes, or reschedules a substance through an emergency rule under the procedures of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the emergency rule may be effective for no longer than one hundred eighty (180) days. (B) However, the secretary shall not delete any substance from a schedule in effect on July 20, 1979, without prior approval by the Legislative Council. (2) In making a determination regarding a substance, the secretary shall consider the following: (A) The actual or relative potential for abuse; (B) The scientific evidence of its pharmacological effect, if known; (C) The state of current scientific knowledge regarding the substance; (D) The history and current pattern of abuse; (E) The scope, duration, and significance of abuse; (F) The risk to public health; (G) The potential of the substance to produce psychic or physiological dependence liability; and (H) Whether the substance is an immediate precursor of a substance already controlled under this subchapter.

(1) (A) (i) The Secretary of the Department of Health shall administer this chapter and may add a substance to or delete or reschedule any substance enumerated in a schedule under the procedures of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (ii) The secretary may promulgate without action or approval of the State Board of Health an emergency rule under the procedures of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., that adds a substance to or deletes a substance from a schedule or reschedules a substance. (iii) If the secretary adds, deletes, or reschedules a substance through an emergency rule under the procedures of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the emergency rule may be effective for no longer than one hundred eighty (180) days. (B) However, the secretary shall not delete any substance from a schedule in effect on July 20, 1979, without prior approval by the Legislative Council.

(A) (i) The Secretary of the Department of Health shall administer this chapter and may add a substance to or delete or reschedule any substance enumerated in a schedule under the procedures of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (ii) The secretary may promulgate without action or approval of the State Board of Health an emergency rule under the procedures of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., that adds a substance to or deletes a substance from a schedule or reschedules a substance. (iii) If the secretary adds, deletes, or reschedules a substance through an emergency rule under the procedures of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the emergency rule may be effective for no longer than one hundred eighty (180) days.

(i) The Secretary of the Department of Health shall administer this chapter and may add a substance to or delete or reschedule any substance enumerated in a schedule under the procedures of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(ii) The secretary may promulgate without action or approval of the State Board of Health an emergency rule under the procedures of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., that adds a substance to or deletes a substance from a schedule or reschedules a substance.

(iii) If the secretary adds, deletes, or reschedules a substance through an emergency rule under the procedures of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the emergency rule may be effective for no longer than one hundred eighty (180) days.

(B) However, the secretary shall not delete any substance from a schedule in effect on July 20, 1979, without prior approval by the Legislative Council.

(2) In making a determination regarding a substance, the secretary shall consider the following: (A) The actual or relative potential for abuse; (B) The scientific evidence of its pharmacological effect, if known; (C) The state of current scientific knowledge regarding the substance; (D) The history and current pattern of abuse; (E) The scope, duration, and significance of abuse; (F) The risk to public health; (G) The potential of the substance to produce psychic or physiological dependence liability; and (H) Whether the substance is an immediate precursor of a substance already controlled under this subchapter.

(A) The actual or relative potential for abuse;

(B) The scientific evidence of its pharmacological effect, if known;

(C) The state of current scientific knowledge regarding the substance;

(D) The history and current pattern of abuse;

(E) The scope, duration, and significance of abuse;

(F) The risk to public health;

(G) The potential of the substance to produce psychic or physiological dependence liability; and

(H) Whether the substance is an immediate precursor of a substance already controlled under this subchapter.

(b) After considering the factors enumerated in subsection (a) of this section, the secretary shall make findings with respect to the factors and issue a rule controlling the substance if he or she finds the substance has a potential for abuse.

(c) If the secretary designates a substance as an immediate precursor, a substance that is a precursor of the controlled precursor is not subject to control solely because it is a precursor of the controlled precursor.

(d) (1) If any substance is designated as a controlled substance under federal law and notice of the designation is given to the secretary, the secretary shall similarly control the substance under this chapter after the expiration of thirty (30) days from publication in the Federal Register of a final order designating a substance as a controlled substance unless within that thirty-day period the secretary objects to inclusion. (2) (A) If the secretary objects to inclusion, the secretary shall publish the reasons for objection and afford any interested party an opportunity to be heard. (B) At the conclusion of the hearing, the secretary shall publish his or her decision. (C) Any person aggrieved by a decision of the secretary is entitled to judicial review in the Pulaski County Circuit Court. (3) Upon publication of objection to inclusion under this chapter by the secretary, control under this chapter is stayed until the secretary publishes his or her decision or, if judicial review is sought, the inclusion is stayed until adjudication of the judicial review. (4) If notice has been given to the secretary that the United States Food and Drug Administration has designated, rescheduled, or descheduled a marijuana-derived substance under federal law and approved for marketing the marijuana-derived substance as a prescription medication, the secretary shall consider the designation, rescheduling, or descheduling of the marijuana-derived substance under this chapter.

(1) If any substance is designated as a controlled substance under federal law and notice of the designation is given to the secretary, the secretary shall similarly control the substance under this chapter after the expiration of thirty (30) days from publication in the Federal Register of a final order designating a substance as a controlled substance unless within that thirty-day period the secretary objects to inclusion.

(2) (A) If the secretary objects to inclusion, the secretary shall publish the reasons for objection and afford any interested party an opportunity to be heard. (B) At the conclusion of the hearing, the secretary shall publish his or her decision. (C) Any person aggrieved by a decision of the secretary is entitled to judicial review in the Pulaski County Circuit Court.

(A) If the secretary objects to inclusion, the secretary shall publish the reasons for objection and afford any interested party an opportunity to be heard.

(B) At the conclusion of the hearing, the secretary shall publish his or her decision.

(C) Any person aggrieved by a decision of the secretary is entitled to judicial review in the Pulaski County Circuit Court.

(3) Upon publication of objection to inclusion under this chapter by the secretary, control under this chapter is stayed until the secretary publishes his or her decision or, if judicial review is sought, the inclusion is stayed until adjudication of the judicial review.

(4) If notice has been given to the secretary that the United States Food and Drug Administration has designated, rescheduled, or descheduled a marijuana-derived substance under federal law and approved for marketing the marijuana-derived substance as a prescription medication, the secretary shall consider the designation, rescheduling, or descheduling of the marijuana-derived substance under this chapter.

(e) Authority to control under this section does not extend to distilled spirits, wine, malt beverages, or tobacco.

(f) The secretary shall schedule gamma-hydroxybutyrate and its known precursors and analogs in a manner consistent with the procedures outlined in this section.

Amended by Act 2019, No. 910,§ 4831, eff. 7/1/2019.

Amended by Act 2017, No. 440,§ 1, eff. 8/1/2017.

Acts 1971, No. 590, Art. 2, § 1; 1973, No. 186, § 1; 1979, No. 898, § 3; A.S.A. 1947, § 82-2602; Acts 2001, No. 320, § 2; 2005, No. 1994, § 302; 2011, No. 587, § 1.
Ark. Code Ann. § 5-2-305 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-305
[Repealed]
Status: repealed

Repealed without reference to amendments by Act 2017, No. 913 by Act 2017, No. 472,§ 5, eff. 8/1/2017. Amended by Act 2017, No. 913,§ 14, eff. 8/1/2017. Amended by Act 2017, No. 913,§ 13, eff. 8/1/2017. Amended by Act 2015, No. 1155,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 1155,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 506,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 605; 1977, No. 360, § 2; 1979, No. 886, § 1; 1983, No. 191, § 3; A.S.A. 1947, § 41-605; Acts 1989, No. 645, §§ 5, 6; 1989, No. 898, § 1; 1989, No. 911, §§ 5, 6; 1995, No. 767, § 3; 2001, No. 1554, § 3; 2011, No. 991, §§ 1, 2, 3.

Repealed without reference to amendments by Act 2017, No. 913 by Act 2017, No. 472,§ 5, eff. 8/1/2017.

Amended by Act 2017, No. 913,§ 14, eff. 8/1/2017.

Amended by Act 2017, No. 913,§ 13, eff. 8/1/2017.

Amended by Act 2015, No. 1155,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 1155,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 506,§ 1, eff. 8/16/2013.

Acts 1975, No. 280, § 605; 1977, No. 360, § 2; 1979, No. 886, § 1; 1983, No. 191, § 3; A.S.A. 1947, § 41-605; Acts 1989, No. 645, §§ 5, 6; 1989, No. 898, § 1; 1989, No. 911, §§ 5, 6; 1995, No. 767, § 3; 2001, No. 1554, § 3; 2011, No. 991, §§ 1, 2, 3.
Ark. Code Ann. § 5-73-325 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-325
Firearm-sensitive areas - Security plan approval
Status: in_force

(a) (1) The following entities may submit a security plan to the Division of Arkansas State Police for approval that designates certain areas as a firearm-sensitive area where possession of a concealed handgun by a licensee under this subchapter is prohibited: (A) The Arkansas State Hospital; (B) The University of Arkansas for Medical Sciences; and (C) (i) An institution of higher education that hosts or sponsors a collegiate athletic event. (ii) A firearm-sensitive area under subdivision (a)(1)(C)(i) of this section is limited to an area where a collegiate athletic event is held. (2) A security plan submitted under this section shall include the following information and corresponding security measures: (A) Total projected attendance; (B) Number of entrances and exits; (C) Number of on-site private security personnel; (D) Number of on-site law enforcement officers; (E) Number of on-site first responders; (F) Location of parking areas and number of motor vehicles projected to use the parking areas; (G) Routes for emergency vehicles; (H) Locations of all restrooms, stairs, and elevators; (I) Evacuation procedures; (J) Security communication protocol; (K) Location of emergency vehicles; (L) Public communication protocol; and (M) Bomb threat and active shooter procedures. (b) Security measures under this section shall include without limitation: (1) Security personnel or law enforcement officers on-site; (2) Use of a magnetometer or other metal-detecting device designed to detect a weapon; (3) Barricades; or (4) Other measures or devices designed to protect the public from a security threat. (c) (1) An entity shall submit a security plan to the division under this section annually or no later than five (5) days before a scheduled collegiate athletic event. (2) The division shall approve or disapprove a security plan for a scheduled collegiate athletic event within seventy-two (72) hours of the receipt of the security plan. (3) Otherwise the division shall approve or disapprove a security plan within ten (10) business days. (d) Upon approval of a security plan, an entity shall post a notification at all firearm-sensitive areas that possession of a concealed handgun is prohibited. (e) A security plan submitted under this section is exempt from public disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. Added by Act 2017, No. 859,§ 9, eff. 9/1/2017.

(a) (1) The following entities may submit a security plan to the Division of Arkansas State Police for approval that designates certain areas as a firearm-sensitive area where possession of a concealed handgun by a licensee under this subchapter is prohibited: (A) The Arkansas State Hospital; (B) The University of Arkansas for Medical Sciences; and (C) (i) An institution of higher education that hosts or sponsors a collegiate athletic event. (ii) A firearm-sensitive area under subdivision (a)(1)(C)(i) of this section is limited to an area where a collegiate athletic event is held. (2) A security plan submitted under this section shall include the following information and corresponding security measures: (A) Total projected attendance; (B) Number of entrances and exits; (C) Number of on-site private security personnel; (D) Number of on-site law enforcement officers; (E) Number of on-site first responders; (F) Location of parking areas and number of motor vehicles projected to use the parking areas; (G) Routes for emergency vehicles; (H) Locations of all restrooms, stairs, and elevators; (I) Evacuation procedures; (J) Security communication protocol; (K) Location of emergency vehicles; (L) Public communication protocol; and (M) Bomb threat and active shooter procedures.

(1) The following entities may submit a security plan to the Division of Arkansas State Police for approval that designates certain areas as a firearm-sensitive area where possession of a concealed handgun by a licensee under this subchapter is prohibited: (A) The Arkansas State Hospital; (B) The University of Arkansas for Medical Sciences; and (C) (i) An institution of higher education that hosts or sponsors a collegiate athletic event. (ii) A firearm-sensitive area under subdivision (a)(1)(C)(i) of this section is limited to an area where a collegiate athletic event is held.

(A) The Arkansas State Hospital;

(B) The University of Arkansas for Medical Sciences; and

(C) (i) An institution of higher education that hosts or sponsors a collegiate athletic event. (ii) A firearm-sensitive area under subdivision (a)(1)(C)(i) of this section is limited to an area where a collegiate athletic event is held.

(i) An institution of higher education that hosts or sponsors a collegiate athletic event.

(ii) A firearm-sensitive area under subdivision (a)(1)(C)(i) of this section is limited to an area where a collegiate athletic event is held.

(2) A security plan submitted under this section shall include the following information and corresponding security measures: (A) Total projected attendance; (B) Number of entrances and exits; (C) Number of on-site private security personnel; (D) Number of on-site law enforcement officers; (E) Number of on-site first responders; (F) Location of parking areas and number of motor vehicles projected to use the parking areas; (G) Routes for emergency vehicles; (H) Locations of all restrooms, stairs, and elevators; (I) Evacuation procedures; (J) Security communication protocol; (K) Location of emergency vehicles; (L) Public communication protocol; and (M) Bomb threat and active shooter procedures.

(A) Total projected attendance;

(B) Number of entrances and exits;

(C) Number of on-site private security personnel;

(D) Number of on-site law enforcement officers;

(E) Number of on-site first responders;

(F) Location of parking areas and number of motor vehicles projected to use the parking areas;

(G) Routes for emergency vehicles;

(H) Locations of all restrooms, stairs, and elevators;

(I) Evacuation procedures;

(J) Security communication protocol;

(K) Location of emergency vehicles;

(L) Public communication protocol; and

(M) Bomb threat and active shooter procedures.

(b) Security measures under this section shall include without limitation: (1) Security personnel or law enforcement officers on-site; (2) Use of a magnetometer or other metal-detecting device designed to detect a weapon; (3) Barricades; or (4) Other measures or devices designed to protect the public from a security threat.

(1) Security personnel or law enforcement officers on-site;

(2) Use of a magnetometer or other metal-detecting device designed to detect a weapon;

(3) Barricades; or

(4) Other measures or devices designed to protect the public from a security threat.

(c) (1) An entity shall submit a security plan to the division under this section annually or no later than five (5) days before a scheduled collegiate athletic event. (2) The division shall approve or disapprove a security plan for a scheduled collegiate athletic event within seventy-two (72) hours of the receipt of the security plan. (3) Otherwise the division shall approve or disapprove a security plan within ten (10) business days.

(1) An entity shall submit a security plan to the division under this section annually or no later than five (5) days before a scheduled collegiate athletic event.

(2) The division shall approve or disapprove a security plan for a scheduled collegiate athletic event within seventy-two (72) hours of the receipt of the security plan.

(3) Otherwise the division shall approve or disapprove a security plan within ten (10) business days.

(d) Upon approval of a security plan, an entity shall post a notification at all firearm-sensitive areas that possession of a concealed handgun is prohibited.

(e) A security plan submitted under this section is exempt from public disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

Added by Act 2017, No. 859,§ 9, eff. 9/1/2017.
Ark. Code Ann. § 5-36-301 — AR Code / Title 5 / Chapter 36 / Subchapter 3 / Section 5-36-301
Title
Status: in_force

This subchapter may be cited as the "Wireless Services Theft Prevention Law". Acts 1997, No. 1310, § 1.

This subchapter may be cited as the "Wireless Services Theft Prevention Law".

Acts 1997, No. 1310, § 1.
Ark. Code Ann. § 5-25-101 — AR Code / Title 5 / Chapter 25 / Section 5-25-101
Definitions
Status: in_force

As used in this subtitle: (1) "Adult" means any person eighteen (18) years of age or older; (2) "Deviate sexual activity" means any act of sexual gratification involving: (A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or (B) The penetration, however slight, of the labia majora or anus of a person by any body member of or foreign instrument manipulated by another person; (3) (A) "Incompetent" means any person unable to care for himself or herself because of physical or mental disease or defect. (B) The status embraced by "incompetent" may or may not exist regardless of any adjudication concerning incompetency; (4) "Minor" means any person under eighteen (18) years of age; and (5) "Sexual intercourse" means penetration, however slight, of the labia majora by a penis. Acts 1975, No. 280, § 2401; 1977, No. 360, § 11; A.S.A. 1947, § 41-2401; Acts 2005, No. 1994, § 291.

As used in this subtitle:

(1) "Adult" means any person eighteen (18) years of age or older;

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

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

(B) The penetration, however slight, of the labia majora or anus of a person by any body member of or foreign instrument manipulated by another person;

(3) (A) "Incompetent" means any person unable to care for himself or herself because of physical or mental disease or defect. (B) The status embraced by "incompetent" may or may not exist regardless of any adjudication concerning incompetency;

(A) "Incompetent" means any person unable to care for himself or herself because of physical or mental disease or defect.

(B) The status embraced by "incompetent" may or may not exist regardless of any adjudication concerning incompetency;

(4) "Minor" means any person under eighteen (18) years of age; and

(5) "Sexual intercourse" means penetration, however slight, of the labia majora by a penis.

Acts 1975, No. 280, § 2401; 1977, No. 360, § 11; A.S.A. 1947, § 41-2401; Acts 2005, No. 1994, § 291.
Ark. Code Ann. § 5-67-106 — AR Code / Title 5 / Chapter 67 / Section 5-67-106
Use of spotlight
Status: in_force

(a) It is unlawful to use a spotlight from any public road, street, or highway except for use by: (1) A law enforcement officer, game and fish officer, emergency service worker, or utility company employee in the performance of his or her duties; (2) A person or his or her employee to examine real or personal property or livestock owned or rented by the person; or (3) A person to assist in the repair or removal of a motor vehicle or other property. (b) This section does not apply within the boundaries of a city of the first class or a city of the second class. (c) A violation of this section is a Class C misdemeanor. Acts 1987, No. 625, § 1.

(a) It is unlawful to use a spotlight from any public road, street, or highway except for use by: (1) A law enforcement officer, game and fish officer, emergency service worker, or utility company employee in the performance of his or her duties; (2) A person or his or her employee to examine real or personal property or livestock owned or rented by the person; or (3) A person to assist in the repair or removal of a motor vehicle or other property.

(1) A law enforcement officer, game and fish officer, emergency service worker, or utility company employee in the performance of his or her duties;

(2) A person or his or her employee to examine real or personal property or livestock owned or rented by the person; or

(3) A person to assist in the repair or removal of a motor vehicle or other property.

(b) This section does not apply within the boundaries of a city of the first class or a city of the second class.

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

Acts 1987, No. 625, § 1.
Ark. Code Ann. § 5-64-427 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-427
Manufacture of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine
Status: in_force

(a) This section does not apply to the manufacture of methamphetamine, fentanyl, heroin, or cocaine, which is governed by §§ 5-64-421 and 5-64-423 . (b) Except as provided by this chapter, it is unlawful for a person to manufacture a Schedule I or Schedule II controlled substance. (c) A person who violates this section upon conviction is guilty of a: (1) Class C felony if the person manufactured by aggregate weight, including an adulterant or diluent, less than two grams (2g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine; (2) Class B felony if the person manufactured by aggregate weight, including an adulterant or diluent: (A) Two grams (2g) or more but less than twenty-eight grams (28g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (c)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride; (C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD); (D) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule I or Schedule II depressant or hallucinogenic drug regardless of weight; or (E) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule I or Schedule II stimulant drug regardless of weight; or (3) Class A felony if the person manufactured by aggregate weight, including an adulterant or diluent: (A) Twenty-eight grams (28g) or more of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (c)(3); (B) One hundred sixty (160) dosage units or more of hydromorphone hydrochloride; (C) One hundred sixty (160) or more dosage units of lysergic acid diethylamide (LSD); (D) One hundred sixty (160) dosage units or more regardless of weight for any other Schedule I or Schedule II depressant or hallucinogenic drug; or (E) One hundred sixty (160) dosage units or more regardless of weight for any other Schedule I or Schedule II stimulant drug. Amended by Act 2021, No. 887,§ 6, eff. 7/28/2021. Acts 2011, No. 570, § 50.

(a) This section does not apply to the manufacture of methamphetamine, fentanyl, heroin, or cocaine, which is governed by §§ 5-64-421 and 5-64-423 .

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

(c) A person who violates this section upon conviction is guilty of a: (1) Class C felony if the person manufactured by aggregate weight, including an adulterant or diluent, less than two grams (2g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine; (2) Class B felony if the person manufactured by aggregate weight, including an adulterant or diluent: (A) Two grams (2g) or more but less than twenty-eight grams (28g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (c)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride; (C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD); (D) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule I or Schedule II depressant or hallucinogenic drug regardless of weight; or (E) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule I or Schedule II stimulant drug regardless of weight; or (3) Class A felony if the person manufactured by aggregate weight, including an adulterant or diluent: (A) Twenty-eight grams (28g) or more of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (c)(3); (B) One hundred sixty (160) dosage units or more of hydromorphone hydrochloride; (C) One hundred sixty (160) or more dosage units of lysergic acid diethylamide (LSD); (D) One hundred sixty (160) dosage units or more regardless of weight for any other Schedule I or Schedule II depressant or hallucinogenic drug; or (E) One hundred sixty (160) dosage units or more regardless of weight for any other Schedule I or Schedule II stimulant drug.

(1) Class C felony if the person manufactured by aggregate weight, including an adulterant or diluent, less than two grams (2g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine;

(2) Class B felony if the person manufactured by aggregate weight, including an adulterant or diluent: (A) Two grams (2g) or more but less than twenty-eight grams (28g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (c)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride; (C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD); (D) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule I or Schedule II depressant or hallucinogenic drug regardless of weight; or (E) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule I or Schedule II stimulant drug regardless of weight; or

(A) Two grams (2g) or more but less than twenty-eight grams (28g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (c)(2);

(B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride;

(C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD);

(D) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule I or Schedule II depressant or hallucinogenic drug regardless of weight; or

(E) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule I or Schedule II stimulant drug regardless of weight; or

(3) Class A felony if the person manufactured by aggregate weight, including an adulterant or diluent: (A) Twenty-eight grams (28g) or more of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (c)(3); (B) One hundred sixty (160) dosage units or more of hydromorphone hydrochloride; (C) One hundred sixty (160) or more dosage units of lysergic acid diethylamide (LSD); (D) One hundred sixty (160) dosage units or more regardless of weight for any other Schedule I or Schedule II depressant or hallucinogenic drug; or (E) One hundred sixty (160) dosage units or more regardless of weight for any other Schedule I or Schedule II stimulant drug.

(A) Twenty-eight grams (28g) or more of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (c)(3);

(B) One hundred sixty (160) dosage units or more of hydromorphone hydrochloride;

(C) One hundred sixty (160) or more dosage units of lysergic acid diethylamide (LSD);

(D) One hundred sixty (160) dosage units or more regardless of weight for any other Schedule I or Schedule II depressant or hallucinogenic drug; or

(E) One hundred sixty (160) dosage units or more regardless of weight for any other Schedule I or Schedule II stimulant drug.

Amended by Act 2021, No. 887,§ 6, eff. 7/28/2021.

Acts 2011, No. 570, § 50.
Ark. Code Ann. § 5-42-202 — AR Code / Title 5 / Chapter 42 / Subchapter 2 / Section 5-42-202
General legislative findings, declarations, and intent
Status: in_force

(a) (1) The General Assembly finds that the State of Arkansas is experiencing an increase in crime committed by criminal gangs, organizations, or enterprises. (2) These criminal gangs, organizations, or enterprises support themselves by engaging in criminal activity for profit, most commonly through the distribution of controlled substances and by theft of property. (b) (1) The General Assembly further finds that with increasing frequency, criminals are using sophisticated means of concealing criminal proceeds and in most cases moving criminal proceeds out of Arkansas. (2) (A) In order to reap the rewards of their criminal conduct, criminals must conceal the source of the criminal proceeds and the identity of the individuals who work to obtain the criminal proceeds. (B) They convert the criminal proceeds to property or assets that appear to have come from a legitimate source. (C) (i) Often they must maintain the property or assets in another person's name. (ii) This also helps them to avoid detection, identification, and seizure. (3) (A) While individual criminals launder their criminal proceeds, this is particularly common among members and associates of criminal gangs, organizations, and enterprises. (B) There is strong evidence that this increased sophistication is due largely to contact with other criminal gangs, organizations, or enterprises from other states. (c) The General Assembly further finds that we cannot afford to allow millions of dollars in untaxed criminal proceeds to be taken from the state's economy each year. (d) The intent of the General Assembly is to enact penalties that will: (1) Deter and punish the criminal use of property or the laundering of criminal proceeds; and (2) Facilitate the investigation of the criminal use of property or the laundering of criminal proceeds. Acts 1993, No. 1148, § 2; 2005, No. 1962, § 7.

(a) (1) The General Assembly finds that the State of Arkansas is experiencing an increase in crime committed by criminal gangs, organizations, or enterprises. (2) These criminal gangs, organizations, or enterprises support themselves by engaging in criminal activity for profit, most commonly through the distribution of controlled substances and by theft of property.

(1) The General Assembly finds that the State of Arkansas is experiencing an increase in crime committed by criminal gangs, organizations, or enterprises.

(2) These criminal gangs, organizations, or enterprises support themselves by engaging in criminal activity for profit, most commonly through the distribution of controlled substances and by theft of property.

(b) (1) The General Assembly further finds that with increasing frequency, criminals are using sophisticated means of concealing criminal proceeds and in most cases moving criminal proceeds out of Arkansas. (2) (A) In order to reap the rewards of their criminal conduct, criminals must conceal the source of the criminal proceeds and the identity of the individuals who work to obtain the criminal proceeds. (B) They convert the criminal proceeds to property or assets that appear to have come from a legitimate source. (C) (i) Often they must maintain the property or assets in another person's name. (ii) This also helps them to avoid detection, identification, and seizure. (3) (A) While individual criminals launder their criminal proceeds, this is particularly common among members and associates of criminal gangs, organizations, and enterprises. (B) There is strong evidence that this increased sophistication is due largely to contact with other criminal gangs, organizations, or enterprises from other states.

(1) The General Assembly further finds that with increasing frequency, criminals are using sophisticated means of concealing criminal proceeds and in most cases moving criminal proceeds out of Arkansas.

(2) (A) In order to reap the rewards of their criminal conduct, criminals must conceal the source of the criminal proceeds and the identity of the individuals who work to obtain the criminal proceeds. (B) They convert the criminal proceeds to property or assets that appear to have come from a legitimate source. (C) (i) Often they must maintain the property or assets in another person's name. (ii) This also helps them to avoid detection, identification, and seizure.

(A) In order to reap the rewards of their criminal conduct, criminals must conceal the source of the criminal proceeds and the identity of the individuals who work to obtain the criminal proceeds.

(B) They convert the criminal proceeds to property or assets that appear to have come from a legitimate source.

(C) (i) Often they must maintain the property or assets in another person's name. (ii) This also helps them to avoid detection, identification, and seizure.

(i) Often they must maintain the property or assets in another person's name.

(ii) This also helps them to avoid detection, identification, and seizure.

(3) (A) While individual criminals launder their criminal proceeds, this is particularly common among members and associates of criminal gangs, organizations, and enterprises. (B) There is strong evidence that this increased sophistication is due largely to contact with other criminal gangs, organizations, or enterprises from other states.

(A) While individual criminals launder their criminal proceeds, this is particularly common among members and associates of criminal gangs, organizations, and enterprises.

(B) There is strong evidence that this increased sophistication is due largely to contact with other criminal gangs, organizations, or enterprises from other states.

(c) The General Assembly further finds that we cannot afford to allow millions of dollars in untaxed criminal proceeds to be taken from the state's economy each year.

(d) The intent of the General Assembly is to enact penalties that will: (1) Deter and punish the criminal use of property or the laundering of criminal proceeds; and (2) Facilitate the investigation of the criminal use of property or the laundering of criminal proceeds.

(1) Deter and punish the criminal use of property or the laundering of criminal proceeds; and

(2) Facilitate the investigation of the criminal use of property or the laundering of criminal proceeds.

Acts 1993, No. 1148, § 2; 2005, No. 1962, § 7.
Ark. Code Ann. § 5-4-616 — AR Code / Title 5 / Chapter 4 / Subchapter 6 / Section 5-4-616
Procedures following remand or mistrial of capital case after vacation of death sentence - Retroactive application
Status: in_force

Notwithstanding § 5-4-602(3) that requires that the same jury sit in the sentencing phase of a capital felony trial, the following shall apply: (1) (A) Upon any appeal by the defendant when the sentence is of death, if the appellate court finds prejudicial error in the sentencing proceeding only, the appellate court may set aside the sentence of death and remand the case to the trial court in the jurisdiction in which the defendant was originally sentenced. (B) No error in the sentencing proceeding shall result in the reversal of the conviction for a capital felony. (C) When a capital case is remanded after vacation of a death sentence, the prosecuting attorney may move the trial court to: (i) Impose a sentence of life without parole, and the trial court may impose the sentence of life without parole without a hearing; or (ii) Impanel a new sentencing jury; (2) (A) Upon the declaration of a mistrial during the sentencing proceeding, the prosecuting attorney may move the trial court to: (i) Impose a sentence of life without parole, and the trial court may impose the sentence of life without parole without a hearing; or (ii) Impanel a new sentencing jury. (B) A mistrial during the sentencing proceeding shall not result in the invalidation of the finding of guilt for a capital felony; (3) If the prosecuting attorney elects subdivision (1)(C)(ii) or subdivision (2)(A)(ii) of this section the trial court shall impanel a new jury for the purpose of conducting a new sentencing proceeding; (4) A new sentencing proceeding is governed by the provisions of § 5-4-602(4) and (5) and §§ 5-4-603 - 5-4-605 ; (5) (A) Any exhibit and a transcript of any testimony or other evidence properly admitted in the prior trial or preceding guilt phase of the trial and sentencing is admissible in the new sentencing proceeding. (B) Additional relevant evidence may be admitted including testimony of a witness who testified at the previous trial or preceding guilt phase of the trial and sentencing; and (6) The provisions of this section: (A) Are procedural; and (B) Apply retroactively to any defendant sentenced to death after January 1, 1974. Amended by Act 2021, No. 695,§ 2, eff. 7/28/2021. Acts 1983, No. 546, § 1; A.S.A. 1947, § 41-1358.

Notwithstanding § 5-4-602(3) that requires that the same jury sit in the sentencing phase of a capital felony trial, the following shall apply:

(1) (A) Upon any appeal by the defendant when the sentence is of death, if the appellate court finds prejudicial error in the sentencing proceeding only, the appellate court may set aside the sentence of death and remand the case to the trial court in the jurisdiction in which the defendant was originally sentenced. (B) No error in the sentencing proceeding shall result in the reversal of the conviction for a capital felony. (C) When a capital case is remanded after vacation of a death sentence, the prosecuting attorney may move the trial court to: (i) Impose a sentence of life without parole, and the trial court may impose the sentence of life without parole without a hearing; or (ii) Impanel a new sentencing jury;

(A) Upon any appeal by the defendant when the sentence is of death, if the appellate court finds prejudicial error in the sentencing proceeding only, the appellate court may set aside the sentence of death and remand the case to the trial court in the jurisdiction in which the defendant was originally sentenced.

(B) No error in the sentencing proceeding shall result in the reversal of the conviction for a capital felony.

(C) When a capital case is remanded after vacation of a death sentence, the prosecuting attorney may move the trial court to: (i) Impose a sentence of life without parole, and the trial court may impose the sentence of life without parole without a hearing; or (ii) Impanel a new sentencing jury;

(i) Impose a sentence of life without parole, and the trial court may impose the sentence of life without parole without a hearing; or

(ii) Impanel a new sentencing jury;

(2) (A) Upon the declaration of a mistrial during the sentencing proceeding, the prosecuting attorney may move the trial court to: (i) Impose a sentence of life without parole, and the trial court may impose the sentence of life without parole without a hearing; or (ii) Impanel a new sentencing jury. (B) A mistrial during the sentencing proceeding shall not result in the invalidation of the finding of guilt for a capital felony;

(A) Upon the declaration of a mistrial during the sentencing proceeding, the prosecuting attorney may move the trial court to: (i) Impose a sentence of life without parole, and the trial court may impose the sentence of life without parole without a hearing; or (ii) Impanel a new sentencing jury.

(i) Impose a sentence of life without parole, and the trial court may impose the sentence of life without parole without a hearing; or

(ii) Impanel a new sentencing jury.

(B) A mistrial during the sentencing proceeding shall not result in the invalidation of the finding of guilt for a capital felony;

(3) If the prosecuting attorney elects subdivision (1)(C)(ii) or subdivision (2)(A)(ii) of this section the trial court shall impanel a new jury for the purpose of conducting a new sentencing proceeding;

(4) A new sentencing proceeding is governed by the provisions of § 5-4-602(4) and (5) and §§ 5-4-603 - 5-4-605 ;

(5) (A) Any exhibit and a transcript of any testimony or other evidence properly admitted in the prior trial or preceding guilt phase of the trial and sentencing is admissible in the new sentencing proceeding. (B) Additional relevant evidence may be admitted including testimony of a witness who testified at the previous trial or preceding guilt phase of the trial and sentencing; and

(A) Any exhibit and a transcript of any testimony or other evidence properly admitted in the prior trial or preceding guilt phase of the trial and sentencing is admissible in the new sentencing proceeding.

(B) Additional relevant evidence may be admitted including testimony of a witness who testified at the previous trial or preceding guilt phase of the trial and sentencing; and

(6) The provisions of this section: (A) Are procedural; and (B) Apply retroactively to any defendant sentenced to death after January 1, 1974.

(A) Are procedural; and

(B) Apply retroactively to any defendant sentenced to death after January 1, 1974.

Amended by Act 2021, No. 695,§ 2, eff. 7/28/2021.

Acts 1983, No. 546, § 1; A.S.A. 1947, § 41-1358.
Ark. Code Ann. § 5-52-107 — AR Code / Title 5 / Chapter 52 / Section 5-52-107
Abuse of office
Status: in_force

(a) A person commits the offense of abuse of office if, being a public servant, or being a person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position, and with the purpose of benefiting in a pecuniary fashion or obtaining a sexual favor for himself or herself or another person or of harming another person, the person knowingly: (1) Commits an unauthorized act which purports to be an act of his or her office; or (2) Omits to perform a duty imposed on him or her by law or clearly inherent in the nature of his or her office. (b) Abuse of office is a: (1) Class B felony if the value of the benefit is twenty-five thousand dollars ($25,000) or more; (2) Class C felony if the value of the benefit is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000); (3) Class D felony if the value of the benefit is five hundred dollars ($500) or more but less than five thousand dollars ($5,000); or (4) Class A misdemeanor if the value of the benefit is less than five hundred dollars ($500) or the value of the benefit cannot be determined. Amended by Act 2017, No. 431,§ 2, eff. 8/1/2017. Acts 1975, No. 280, § 2707; A.S.A. 1947, § 41-2707.

(a) A person commits the offense of abuse of office if, being a public servant, or being a person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position, and with the purpose of benefiting in a pecuniary fashion or obtaining a sexual favor for himself or herself or another person or of harming another person, the person knowingly: (1) Commits an unauthorized act which purports to be an act of his or her office; or (2) Omits to perform a duty imposed on him or her by law or clearly inherent in the nature of his or her office.

(1) Commits an unauthorized act which purports to be an act of his or her office; or

(2) Omits to perform a duty imposed on him or her by law or clearly inherent in the nature of his or her office.

(b) Abuse of office is a: (1) Class B felony if the value of the benefit is twenty-five thousand dollars ($25,000) or more; (2) Class C felony if the value of the benefit is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000); (3) Class D felony if the value of the benefit is five hundred dollars ($500) or more but less than five thousand dollars ($5,000); or (4) Class A misdemeanor if the value of the benefit is less than five hundred dollars ($500) or the value of the benefit cannot be determined.

(1) Class B felony if the value of the benefit is twenty-five thousand dollars ($25,000) or more;

(2) Class C felony if the value of the benefit is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000);

(3) Class D felony if the value of the benefit is five hundred dollars ($500) or more but less than five thousand dollars ($5,000); or

(4) Class A misdemeanor if the value of the benefit is less than five hundred dollars ($500) or the value of the benefit cannot be determined.

Amended by Act 2017, No. 431,§ 2, eff. 8/1/2017.

Acts 1975, No. 280, § 2707; A.S.A. 1947, § 41-2707.
Ark. Code Ann. § 5-64-501 — AR Code / Title 5 / Chapter 64 / Subchapter 5 / Section 5-64-501
Powers of officials generally
Status: in_force

Any law enforcement officer, any person authorized to enforce this chapter, or any employee of the Department of Health designated by the Secretary of the Department of Health to conduct an examination, investigation, or inspection under this chapter relating to a controlled substance or to a counterfeit drug may: (1) Carry a firearm in the performance of his or her official duties; (2) Execute and serve a search warrant, arrest warrant, administrative inspection warrant, subpoena, or summons issued under the authority of this state; (3) Make an arrest without warrant for any offense under this chapter committed in his or her presence, or if he or she has probable cause to believe that the person to be arrested has committed a violation of this chapter that may constitute a felony; (4) Make a seizure of property pursuant to this chapter; or (5) Perform any other law enforcement duty as the secretary designates. Amended by Act 2019, No. 910,§ 4846, eff. 7/1/2019. Acts 1971, No. 590, Art. 5, § 1; 1972 (Ex. Sess.), No. 67, § 5; 1979, No. 898, § 14; A.S.A. 1947, § 82-2625; Acts 2005, No. 1994, § 308.

Any law enforcement officer, any person authorized to enforce this chapter, or any employee of the Department of Health designated by the Secretary of the Department of Health to conduct an examination, investigation, or inspection under this chapter relating to a controlled substance or to a counterfeit drug may:

(1) Carry a firearm in the performance of his or her official duties;

(2) Execute and serve a search warrant, arrest warrant, administrative inspection warrant, subpoena, or summons issued under the authority of this state;

(3) Make an arrest without warrant for any offense under this chapter committed in his or her presence, or if he or she has probable cause to believe that the person to be arrested has committed a violation of this chapter that may constitute a felony;

(4) Make a seizure of property pursuant to this chapter; or

(5) Perform any other law enforcement duty as the secretary designates.

Amended by Act 2019, No. 910,§ 4846, eff. 7/1/2019.

Acts 1971, No. 590, Art. 5, § 1; 1972 (Ex. Sess.), No. 67, § 5; 1979, No. 898, § 14; A.S.A. 1947, § 82-2625; Acts 2005, No. 1994, § 308.
Ark. Code Ann. § 5-62-201 — AR Code / Title 5 / Chapter 62 / Subchapter 2 / Section 5-62-201
Findings of the General Assembly
Status: in_force

(a) The General Assembly finds that: (1) The caring, rearing, feeding, breeding, and sale of animals and animal products and the use of animals in research, testing, and education represent vital segments of the economy of the state; (2) Producers and others involved in the production and sale of animals and animal products and the use of animals in research and education have a vested interest in protecting the health and welfare of animals and the physical and intellectual property rights which they have in animals; and (3) There has been an increasing number of illegal acts committed against farm animal and research facilities. (b) The General Assembly further finds that these illegal acts threaten the production of agricultural products and jeopardize crucial scientific, biomedical, or agricultural research. (c) Finally, the General Assembly finds that these illegal acts threaten the public safety, by exposing communities to contagious diseases and damage research. Acts 1991, No. 1006, § 2.

(a) The General Assembly finds that: (1) The caring, rearing, feeding, breeding, and sale of animals and animal products and the use of animals in research, testing, and education represent vital segments of the economy of the state; (2) Producers and others involved in the production and sale of animals and animal products and the use of animals in research and education have a vested interest in protecting the health and welfare of animals and the physical and intellectual property rights which they have in animals; and (3) There has been an increasing number of illegal acts committed against farm animal and research facilities.

(1) The caring, rearing, feeding, breeding, and sale of animals and animal products and the use of animals in research, testing, and education represent vital segments of the economy of the state;

(2) Producers and others involved in the production and sale of animals and animal products and the use of animals in research and education have a vested interest in protecting the health and welfare of animals and the physical and intellectual property rights which they have in animals; and

(3) There has been an increasing number of illegal acts committed against farm animal and research facilities.

(b) The General Assembly further finds that these illegal acts threaten the production of agricultural products and jeopardize crucial scientific, biomedical, or agricultural research.

(c) Finally, the General Assembly finds that these illegal acts threaten the public safety, by exposing communities to contagious diseases and damage research.

Acts 1991, No. 1006, § 2.
Ark. Code Ann. § 5-26-302 — AR Code / Title 5 / Chapter 26 / Subchapter 3 / Section 5-26-302
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Dating relationship" means a romantic or intimate social relationship between two (2) individuals that is determined by examining the following factors: (i) The length of the relationship; (ii) The type of the relationship; and (iii) The frequency of interaction between the two (2) individuals involved in the relationship. (B) "Dating relationship" does not include a casual relationship or ordinary fraternization between two (2) individuals in a business or social context; (2) "Family or household member" means: (A) A spouse; (B) A former spouse; (C) A parent; (D) A child, including any minor residing in the household; (E) (i) Persons related by blood within the fourth degree of consanguinity. (ii) The degree of consanguinity is computed pursuant to § 28-9-212 ; (F) Persons who presently or in the past have resided or cohabited together; (G) Persons who have or have had a child in common; or (H) Persons who are presently or in the past have been in a dating relationship together; (3) "Harass" means an act of harassment as prohibited by § 5-71-208 ; (4) "Intimidate" means to force into or deter from an action by inducing fear; (5) "Sexual nature" means that an image, picture, video, or voice or audio recording depicts actual or simulated: (A) Sexual intercourse; (B) Deviate sexual activity; (C) Bestiality; (D) Masturbation; (E) Sadomasochistic abuse for the purpose of sexual stimulation; or (F) Lewd exhibition of the: (i) Genitals or pubic area of any person; or (ii) Breast of a female; and (6) "State of nudity" means: (A) The appearance of a human anus, human genitals, or a female breast below a point immediately above the top of the areola; or (B) A state of dress that fails to opaquely cover a human anus, human genitals, or a female breast below a point immediately above the top of the areola. Amended by Act 2015, No. 304,§ 1, eff. 7/22/2015. Acts 1995, No. 1291, § 8; 1999, No. 1317, § 1; 2001, No. 1678, § 2; 2005, No. 1875, § 2.

As used in this subchapter:

(1) (A) "Dating relationship" means a romantic or intimate social relationship between two (2) individuals that is determined by examining the following factors: (i) The length of the relationship; (ii) The type of the relationship; and (iii) The frequency of interaction between the two (2) individuals involved in the relationship. (B) "Dating relationship" does not include a casual relationship or ordinary fraternization between two (2) individuals in a business or social context;

(A) "Dating relationship" means a romantic or intimate social relationship between two (2) individuals that is determined by examining the following factors: (i) The length of the relationship; (ii) The type of the relationship; and (iii) The frequency of interaction between the two (2) individuals involved in the relationship.

(i) The length of the relationship;

(ii) The type of the relationship; and

(iii) The frequency of interaction between the two (2) individuals involved in the relationship.

(B) "Dating relationship" does not include a casual relationship or ordinary fraternization between two (2) individuals in a business or social context;

(2) "Family or household member" means: (A) A spouse; (B) A former spouse; (C) A parent; (D) A child, including any minor residing in the household; (E) (i) Persons related by blood within the fourth degree of consanguinity. (ii) The degree of consanguinity is computed pursuant to § 28-9-212 ; (F) Persons who presently or in the past have resided or cohabited together; (G) Persons who have or have had a child in common; or (H) Persons who are presently or in the past have been in a dating relationship together;

(A) A spouse;

(B) A former spouse;

(C) A parent;

(D) A child, including any minor residing in the household;

(E) (i) Persons related by blood within the fourth degree of consanguinity. (ii) The degree of consanguinity is computed pursuant to § 28-9-212 ;

(i) Persons related by blood within the fourth degree of consanguinity.

(ii) The degree of consanguinity is computed pursuant to § 28-9-212 ;

(F) Persons who presently or in the past have resided or cohabited together;

(G) Persons who have or have had a child in common; or

(H) Persons who are presently or in the past have been in a dating relationship together;

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

(4) "Intimidate" means to force into or deter from an action by inducing fear;

(5) "Sexual nature" means that an image, picture, video, or voice or audio recording depicts actual or simulated: (A) Sexual intercourse; (B) Deviate sexual activity; (C) Bestiality; (D) Masturbation; (E) Sadomasochistic abuse for the purpose of sexual stimulation; or (F) Lewd exhibition of the: (i) Genitals or pubic area of any person; or (ii) Breast of a female; and

(A) Sexual intercourse;

(B) Deviate sexual activity;

(C) Bestiality;

(D) Masturbation;

(E) Sadomasochistic abuse for the purpose of sexual stimulation; or

(F) Lewd exhibition of the: (i) Genitals or pubic area of any person; or (ii) Breast of a female; and

(i) Genitals or pubic area of any person; or

(ii) Breast of a female; and

(6) "State of nudity" means: (A) The appearance of a human anus, human genitals, or a female breast below a point immediately above the top of the areola; or (B) A state of dress that fails to opaquely cover a human anus, human genitals, or a female breast below a point immediately above the top of the areola.

(A) The appearance of a human anus, human genitals, or a female breast below a point immediately above the top of the areola; or

(B) A state of dress that fails to opaquely cover a human anus, human genitals, or a female breast below a point immediately above the top of the areola.

Amended by Act 2015, No. 304,§ 1, eff. 7/22/2015.

Acts 1995, No. 1291, § 8; 1999, No. 1317, § 1; 2001, No. 1678, § 2; 2005, No. 1875, § 2.
Ark. Code Ann. § 5-39-210 — AR Code / Title 5 / Chapter 39 / Subchapter 2 / Section 5-39-210
Forcible possession of land
Status: in_force

Any person who takes or keeps possession of any real estate by actual force or violence without the authority of law, or who, being armed with a deadly or dangerous weapon, by violence to any person entitled to the possession, or by putting in fear of immediate danger to his or her person obtains or keeps possession of any real estate or property without legal authority upon conviction is adjudged guilty of a Class A misdemeanor. Rev. Stat., ch. 44, div. 8, art. 1, § 6; C. & M. Dig., § 2779; Pope's Dig., § 3483; A.S.A. 1947, § 41-2051; Acts 2005, No. 1994, § 220.

Any person who takes or keeps possession of any real estate by actual force or violence without the authority of law, or who, being armed with a deadly or dangerous weapon, by violence to any person entitled to the possession, or by putting in fear of immediate danger to his or her person obtains or keeps possession of any real estate or property without legal authority upon conviction is adjudged guilty of a Class A misdemeanor.

Rev. Stat., ch. 44, div. 8, art. 1, § 6; C. & M. Dig., § 2779; Pope's Dig., § 3483; A.S.A. 1947, § 41-2051; Acts 2005, No. 1994, § 220.
Ark. Code Ann. § 5-36-302 — AR Code / Title 5 / Chapter 36 / Subchapter 3 / Section 5-36-302
Definitions
Status: in_force

As used in this subchapter: (1) "Manufacture of a wireless device" means to produce, activate, or assemble a wireless device or to modify, alter, program, or reprogram a device to be capable of acquiring or facilitating the acquisition of a wireless service without the consent of the wireless service provider; (2) (A) "Wireless device" means any type of instrument, device, machine, or equipment that is capable of transmitting or receiving telephonic, electronic, or radio communications and that is capable, or has been altered, modified, programmed, or reprogrammed alone or in conjunction with another access device or other equipment so as to be capable of acquiring or facilitating the acquisition of a wireless service without the consent of the wireless service provider. (B) "Wireless device" includes, but is not limited to, a phone altered to obtain service without the consent of the wireless service provider, a tumbler phone, counterfeit or clone phone, tumbler microchip, counterfeit or clone microchip, or other instrument capable of disguising its identity or location or of gaining access to a communications system operated by a wireless service provider; (3) "Wireless service" includes, but is not limited to, any service provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of a sign, signals, data, writing, image or sound, or intelligence of any nature by telephone, including a cellular, personal communication service, wireless, radio, electromagnetic, photoelectronic, or photo-optical system; and (4) "Wireless service provider" means a person or entity providing a commercial mobile service as defined in § 23-17-403 . Acts 1997, No. 1310, § 2.

As used in this subchapter:

(1) "Manufacture of a wireless device" means to produce, activate, or assemble a wireless device or to modify, alter, program, or reprogram a device to be capable of acquiring or facilitating the acquisition of a wireless service without the consent of the wireless service provider;

(2) (A) "Wireless device" means any type of instrument, device, machine, or equipment that is capable of transmitting or receiving telephonic, electronic, or radio communications and that is capable, or has been altered, modified, programmed, or reprogrammed alone or in conjunction with another access device or other equipment so as to be capable of acquiring or facilitating the acquisition of a wireless service without the consent of the wireless service provider. (B) "Wireless device" includes, but is not limited to, a phone altered to obtain service without the consent of the wireless service provider, a tumbler phone, counterfeit or clone phone, tumbler microchip, counterfeit or clone microchip, or other instrument capable of disguising its identity or location or of gaining access to a communications system operated by a wireless service provider;

(A) "Wireless device" means any type of instrument, device, machine, or equipment that is capable of transmitting or receiving telephonic, electronic, or radio communications and that is capable, or has been altered, modified, programmed, or reprogrammed alone or in conjunction with another access device or other equipment so as to be capable of acquiring or facilitating the acquisition of a wireless service without the consent of the wireless service provider.

(B) "Wireless device" includes, but is not limited to, a phone altered to obtain service without the consent of the wireless service provider, a tumbler phone, counterfeit or clone phone, tumbler microchip, counterfeit or clone microchip, or other instrument capable of disguising its identity or location or of gaining access to a communications system operated by a wireless service provider;

(3) "Wireless service" includes, but is not limited to, any service provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of a sign, signals, data, writing, image or sound, or intelligence of any nature by telephone, including a cellular, personal communication service, wireless, radio, electromagnetic, photoelectronic, or photo-optical system; and

(4) "Wireless service provider" means a person or entity providing a commercial mobile service as defined in § 23-17-403 .

Acts 1997, No. 1310, § 2.
Ark. Code Ann. § 5-1-103 — AR Code / Title 5 / Chapter 1 / Section 5-1-103
Applicability to offenses generally
Status: in_force

(a) The provisions of the Arkansas Criminal Code govern a prosecution for any offense defined by the Arkansas Criminal Code and committed after January 1, 1976. (b) Unless otherwise expressly provided, the provisions of the Arkansas Criminal Code govern a prosecution for any offense defined by a statute not part of the Arkansas Criminal Code and committed after January 1, 1976. (c) (1) The provisions of the Arkansas Criminal Code do not apply to the prosecution for any offense committed prior to January 1, 1976. (2) An offense committed prior to January 1, 1976, shall be construed and punished in accordance with the law existing at the time of the commission of the offense. (d) (1) A defendant in a criminal prosecution for an offense committed prior to January 1, 1976, may elect to have the construction and application of any defense to the prosecution governed by the provisions of the Arkansas Criminal Code. (2) (A) An election under subdivision (d)(1) of this section shall be made by motion to the court that is to conduct the trial. (B) (i) The motion shall be timely filed but not later than ten (10) days before the date set for the trial of the case. (ii) However, the court for a good cause shown may entertain the motion at a later time. (e) When all or part of a statute defining a criminal offense is amended or repealed, the statute or part of the statute that is amended or repealed remains in force for the purpose of authorizing the prosecution, conviction, and punishment of a person committing an offense under the statute or part of the statute prior to the effective date of the amending or repealing act. Acts 1975, No. 280, § 102; A.S.A. 1947, § 41-102.

(a) The provisions of the Arkansas Criminal Code govern a prosecution for any offense defined by the Arkansas Criminal Code and committed after January 1, 1976.

(b) Unless otherwise expressly provided, the provisions of the Arkansas Criminal Code govern a prosecution for any offense defined by a statute not part of the Arkansas Criminal Code and committed after January 1, 1976.

(c) (1) The provisions of the Arkansas Criminal Code do not apply to the prosecution for any offense committed prior to January 1, 1976. (2) An offense committed prior to January 1, 1976, shall be construed and punished in accordance with the law existing at the time of the commission of the offense.

(1) The provisions of the Arkansas Criminal Code do not apply to the prosecution for any offense committed prior to January 1, 1976.

(2) An offense committed prior to January 1, 1976, shall be construed and punished in accordance with the law existing at the time of the commission of the offense.

(d) (1) A defendant in a criminal prosecution for an offense committed prior to January 1, 1976, may elect to have the construction and application of any defense to the prosecution governed by the provisions of the Arkansas Criminal Code. (2) (A) An election under subdivision (d)(1) of this section shall be made by motion to the court that is to conduct the trial. (B) (i) The motion shall be timely filed but not later than ten (10) days before the date set for the trial of the case. (ii) However, the court for a good cause shown may entertain the motion at a later time.

(1) A defendant in a criminal prosecution for an offense committed prior to January 1, 1976, may elect to have the construction and application of any defense to the prosecution governed by the provisions of the Arkansas Criminal Code.

(2) (A) An election under subdivision (d)(1) of this section shall be made by motion to the court that is to conduct the trial. (B) (i) The motion shall be timely filed but not later than ten (10) days before the date set for the trial of the case. (ii) However, the court for a good cause shown may entertain the motion at a later time.

(A) An election under subdivision (d)(1) of this section shall be made by motion to the court that is to conduct the trial.

(B) (i) The motion shall be timely filed but not later than ten (10) days before the date set for the trial of the case. (ii) However, the court for a good cause shown may entertain the motion at a later time.

(i) The motion shall be timely filed but not later than ten (10) days before the date set for the trial of the case.

(ii) However, the court for a good cause shown may entertain the motion at a later time.

(e) When all or part of a statute defining a criminal offense is amended or repealed, the statute or part of the statute that is amended or repealed remains in force for the purpose of authorizing the prosecution, conviction, and punishment of a person committing an offense under the statute or part of the statute prior to the effective date of the amending or repealing act.

Acts 1975, No. 280, § 102; A.S.A. 1947, § 41-102.
Ark. Code Ann. § 5-3-202 — AR Code / Title 5 / Chapter 3 / Subchapter 2 / Section 5-3-202
Complicity
Status: in_force

(a) A person attempts to commit an offense if, with the purpose of aiding another person in the commission of the offense, the person engages in conduct that would establish his or her complicity under § 5-2-402 if the offense were committed by the other person. (b) It is not a defense to a prosecution under this section that: (1) The other person did not commit or attempt to commit an offense; or (2) It was impossible for the actor to assist the other person in the commission of the offense if the actor could have assisted the other person had the attendant circumstances been as the actor believed them to be. Acts 1975, No. 280, § 702; A.S.A. 1947, § 41-702.

(a) A person attempts to commit an offense if, with the purpose of aiding another person in the commission of the offense, the person engages in conduct that would establish his or her complicity under § 5-2-402 if the offense were committed by the other person.

(b) It is not a defense to a prosecution under this section that: (1) The other person did not commit or attempt to commit an offense; or (2) It was impossible for the actor to assist the other person in the commission of the offense if the actor could have assisted the other person had the attendant circumstances been as the actor believed them to be.

(1) The other person did not commit or attempt to commit an offense; or

(2) It was impossible for the actor to assist the other person in the commission of the offense if the actor could have assisted the other person had the attendant circumstances been as the actor believed them to be.

Acts 1975, No. 280, § 702; A.S.A. 1947, § 41-702.
Ark. Code Ann. § 5-53-104 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-104
Perjury - Retraction
Status: in_force

(a) It is a defense to a prosecution for perjury that the defendant retracted his or her false material statement: (1) In a manner showing a complete and voluntary retraction of the statement; (2) During the course of the same official proceeding in which the statement was made; and (3) Before the subject matter of the official proceeding was submitted to the ultimate trier of fact. (b) A statement made in a separate hearing at a separate stage of the same case or administrative proceeding is deemed to have been made in the course of the same proceeding. (c) Any person who in making a retraction causes termination of any official proceeding by reason of prejudice to a legal right of a party to the official proceeding is guilty of a Class A misdemeanor. Acts 1975, No. 280, § 2606; A.S.A. 1947, § 41-2606.

(a) It is a defense to a prosecution for perjury that the defendant retracted his or her false material statement: (1) In a manner showing a complete and voluntary retraction of the statement; (2) During the course of the same official proceeding in which the statement was made; and (3) Before the subject matter of the official proceeding was submitted to the ultimate trier of fact.

(1) In a manner showing a complete and voluntary retraction of the statement;

(2) During the course of the same official proceeding in which the statement was made; and

(3) Before the subject matter of the official proceeding was submitted to the ultimate trier of fact.

(b) A statement made in a separate hearing at a separate stage of the same case or administrative proceeding is deemed to have been made in the course of the same proceeding.

(c) Any person who in making a retraction causes termination of any official proceeding by reason of prejudice to a legal right of a party to the official proceeding is guilty of a Class A misdemeanor.

Acts 1975, No. 280, § 2606; A.S.A. 1947, § 41-2606.
Ark. Code Ann. § 5-5-302 — AR Code / Title 5 / Chapter 5 / Subchapter 3 / Section 5-5-302
Property subject to forfeiture
Status: in_force

(a) The following property is subject to forfeiture pursuant to this subchapter: (1) Contraband property used or intended to be used in the commission of theft of livestock; (2) The proceeds gained from the commission of theft of livestock; (3) Personal property acquired with proceeds gained from the commission of theft of livestock; (4) (A) Any conveyance, including an aircraft, vessel, vehicle, or horse that is used or intended for use to transport or in any manner to facilitate the transportation for the purpose of the commission of theft of livestock. (B) No conveyance used by any person as a common carrier in the transportation of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this subchapter. (C) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without the owner's knowledge or consent. (D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the bona fide security interest of the secured party; (5) Any book, record, or research product or material including microfilm, tape, or data that is used or intended for use in the theft of livestock; and (6) (A) (i) Anything of value furnished or intended to be furnished or traded or used as payment or invested for anything of value in return for the commission of the theft of livestock. (ii) However, subdivision (a)(6)(A)(i) of this section does not include real property. (B) It may be presumed that property described in subdivision (a)(6)(A)(i) of this section was acquired with proceeds gained from the commission of theft of livestock and is subject to forfeiture. (b) Property that is used in the commission of theft of livestock that has title of ownership with two (2) parties on the title or a cosigner is subject to forfeiture if one (1) party on the title uses the property in the commission of theft of livestock or receives titled property as the proceeds of the commission of theft of livestock, even if the second party claims that he or she did not have knowledge or involvement in the commission of theft of livestock. (c) (1) Any money, coin, or currency found in possession of a person arrested for the theft of livestock or found in, on, or in close proximity to any forfeited property used or intended for the use in the theft of livestock is presumed to be forfeitable under this section. (2) The burden of proof is upon a claimant of property described in subdivision (c)(1) of this section to rebut the presumption under subdivision (c)(1) of this section. Acts 1993, No. 1031, § 2.

(a) The following property is subject to forfeiture pursuant to this subchapter: (1) Contraband property used or intended to be used in the commission of theft of livestock; (2) The proceeds gained from the commission of theft of livestock; (3) Personal property acquired with proceeds gained from the commission of theft of livestock; (4) (A) Any conveyance, including an aircraft, vessel, vehicle, or horse that is used or intended for use to transport or in any manner to facilitate the transportation for the purpose of the commission of theft of livestock. (B) No conveyance used by any person as a common carrier in the transportation of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this subchapter. (C) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without the owner's knowledge or consent. (D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the bona fide security interest of the secured party; (5) Any book, record, or research product or material including microfilm, tape, or data that is used or intended for use in the theft of livestock; and (6) (A) (i) Anything of value furnished or intended to be furnished or traded or used as payment or invested for anything of value in return for the commission of the theft of livestock. (ii) However, subdivision (a)(6)(A)(i) of this section does not include real property. (B) It may be presumed that property described in subdivision (a)(6)(A)(i) of this section was acquired with proceeds gained from the commission of theft of livestock and is subject to forfeiture.

(1) Contraband property used or intended to be used in the commission of theft of livestock;

(2) The proceeds gained from the commission of theft of livestock;

(3) Personal property acquired with proceeds gained from the commission of theft of livestock;

(4) (A) Any conveyance, including an aircraft, vessel, vehicle, or horse that is used or intended for use to transport or in any manner to facilitate the transportation for the purpose of the commission of theft of livestock. (B) No conveyance used by any person as a common carrier in the transportation of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this subchapter. (C) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without the owner's knowledge or consent. (D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the bona fide security interest of the secured party;

(A) Any conveyance, including an aircraft, vessel, vehicle, or horse that is used or intended for use to transport or in any manner to facilitate the transportation for the purpose of the commission of theft of livestock.

(B) No conveyance used by any person as a common carrier in the transportation of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this subchapter.

(C) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without the owner's knowledge or consent.

(D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the bona fide security interest of the secured party;

(5) Any book, record, or research product or material including microfilm, tape, or data that is used or intended for use in the theft of livestock; and

(6) (A) (i) Anything of value furnished or intended to be furnished or traded or used as payment or invested for anything of value in return for the commission of the theft of livestock. (ii) However, subdivision (a)(6)(A)(i) of this section does not include real property. (B) It may be presumed that property described in subdivision (a)(6)(A)(i) of this section was acquired with proceeds gained from the commission of theft of livestock and is subject to forfeiture.

(A) (i) Anything of value furnished or intended to be furnished or traded or used as payment or invested for anything of value in return for the commission of the theft of livestock. (ii) However, subdivision (a)(6)(A)(i) of this section does not include real property.

(i) Anything of value furnished or intended to be furnished or traded or used as payment or invested for anything of value in return for the commission of the theft of livestock.

(ii) However, subdivision (a)(6)(A)(i) of this section does not include real property.

(B) It may be presumed that property described in subdivision (a)(6)(A)(i) of this section was acquired with proceeds gained from the commission of theft of livestock and is subject to forfeiture.

(b) Property that is used in the commission of theft of livestock that has title of ownership with two (2) parties on the title or a cosigner is subject to forfeiture if one (1) party on the title uses the property in the commission of theft of livestock or receives titled property as the proceeds of the commission of theft of livestock, even if the second party claims that he or she did not have knowledge or involvement in the commission of theft of livestock.

(c) (1) Any money, coin, or currency found in possession of a person arrested for the theft of livestock or found in, on, or in close proximity to any forfeited property used or intended for the use in the theft of livestock is presumed to be forfeitable under this section. (2) The burden of proof is upon a claimant of property described in subdivision (c)(1) of this section to rebut the presumption under subdivision (c)(1) of this section.

(1) Any money, coin, or currency found in possession of a person arrested for the theft of livestock or found in, on, or in close proximity to any forfeited property used or intended for the use in the theft of livestock is presumed to be forfeitable under this section.

(2) The burden of proof is upon a claimant of property described in subdivision (c)(1) of this section to rebut the presumption under subdivision (c)(1) of this section.

Acts 1993, No. 1031, § 2.