Ark. Code Ann. § 5-26-401 — AR Code / Title 5 / Chapter 26 / Subchapter 4 / Section 5-26-401
Nonsupport
Status: in_force

(a) A person commits the offense of nonsupport if he or she fails to provide support to the person's: (1) Spouse who is physically or mentally infirm or financially dependent; (2) Legitimate child who is less than eighteen (18) years of age; (3) Illegitimate child who is less than eighteen (18) years of age and whose parentage has been determined in a previous judicial proceeding; or (4) Dependent child who is physically or mentally infirm. (b) (1) Nonsupport is a Class A misdemeanor. (2) However, nonsupport is a: (A) Class D felony if the person: (i) Leaves or remains outside the State of Arkansas for more than thirty (30) days while a current duty of support is unpaid. However, it is an affirmative defense to a charge under this subdivision (b)(2)(A)(i) that the defendant did not leave or remain outside the state with the purpose of avoiding the payment of support; (ii) Has previously been convicted of nonsupport; or (iii) Owes more than two thousand five hundred dollars ($2,500) in past-due child support, pursuant to a court order or by operation of law, and the amount represents at least four (4) months of past-due child support; (B) Class C felony if the person owes more than ten thousand dollars ($10,000) but less than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law; or (C) Class B felony if the person owes more than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law. (c) The court may direct that a fine imposed upon conviction of nonsupport or a bond forfeited in connection with a prosecution for nonsupport be paid for the support and maintenance of the person entitled to support. (d) A district court located in a county having a population in excess of two hundred thousand (200,000) inhabitants shall cause a warrant of arrest to be issued upon affidavit of a spouse or any person who is responsible for maintenance of a dependent child who states that nonsupport has taken place. (e) Any person found guilty of nonsupport is also responsible for the court costs and administrative costs incurred by the court. (f) The state may take judgment against any defendant convicted of nonsupport for any money expended by any state agency for the support and maintenance of the person with respect to whom the defendant had a duty to support. (g) It is an affirmative defense to a prosecution under this section that the defendant had just cause to fail to provide the support. Acts 1975, No. 280, § 2405; 1983, No. 174, § 1; A.S.A. 1947, § 41-2405; Acts 1997, No. 1282, § 1; 1999, No. 1484, § 1; 2007, No. 827, § 31.

(a) A person commits the offense of nonsupport if he or she fails to provide support to the person's: (1) Spouse who is physically or mentally infirm or financially dependent; (2) Legitimate child who is less than eighteen (18) years of age; (3) Illegitimate child who is less than eighteen (18) years of age and whose parentage has been determined in a previous judicial proceeding; or (4) Dependent child who is physically or mentally infirm.

(1) Spouse who is physically or mentally infirm or financially dependent;

(2) Legitimate child who is less than eighteen (18) years of age;

(3) Illegitimate child who is less than eighteen (18) years of age and whose parentage has been determined in a previous judicial proceeding; or

(4) Dependent child who is physically or mentally infirm.

(b) (1) Nonsupport is a Class A misdemeanor. (2) However, nonsupport is a: (A) Class D felony if the person: (i) Leaves or remains outside the State of Arkansas for more than thirty (30) days while a current duty of support is unpaid. However, it is an affirmative defense to a charge under this subdivision (b)(2)(A)(i) that the defendant did not leave or remain outside the state with the purpose of avoiding the payment of support; (ii) Has previously been convicted of nonsupport; or (iii) Owes more than two thousand five hundred dollars ($2,500) in past-due child support, pursuant to a court order or by operation of law, and the amount represents at least four (4) months of past-due child support; (B) Class C felony if the person owes more than ten thousand dollars ($10,000) but less than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law; or (C) Class B felony if the person owes more than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law.

(1) Nonsupport is a Class A misdemeanor.

(2) However, nonsupport is a: (A) Class D felony if the person: (i) Leaves or remains outside the State of Arkansas for more than thirty (30) days while a current duty of support is unpaid. However, it is an affirmative defense to a charge under this subdivision (b)(2)(A)(i) that the defendant did not leave or remain outside the state with the purpose of avoiding the payment of support; (ii) Has previously been convicted of nonsupport; or (iii) Owes more than two thousand five hundred dollars ($2,500) in past-due child support, pursuant to a court order or by operation of law, and the amount represents at least four (4) months of past-due child support; (B) Class C felony if the person owes more than ten thousand dollars ($10,000) but less than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law; or (C) Class B felony if the person owes more than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law.

(A) Class D felony if the person: (i) Leaves or remains outside the State of Arkansas for more than thirty (30) days while a current duty of support is unpaid. However, it is an affirmative defense to a charge under this subdivision (b)(2)(A)(i) that the defendant did not leave or remain outside the state with the purpose of avoiding the payment of support; (ii) Has previously been convicted of nonsupport; or (iii) Owes more than two thousand five hundred dollars ($2,500) in past-due child support, pursuant to a court order or by operation of law, and the amount represents at least four (4) months of past-due child support;

(i) Leaves or remains outside the State of Arkansas for more than thirty (30) days while a current duty of support is unpaid. However, it is an affirmative defense to a charge under this subdivision (b)(2)(A)(i) that the defendant did not leave or remain outside the state with the purpose of avoiding the payment of support;

(ii) Has previously been convicted of nonsupport; or

(iii) Owes more than two thousand five hundred dollars ($2,500) in past-due child support, pursuant to a court order or by operation of law, and the amount represents at least four (4) months of past-due child support;

(B) Class C felony if the person owes more than ten thousand dollars ($10,000) but less than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law; or

(C) Class B felony if the person owes more than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law.

(c) The court may direct that a fine imposed upon conviction of nonsupport or a bond forfeited in connection with a prosecution for nonsupport be paid for the support and maintenance of the person entitled to support.

(d) A district court located in a county having a population in excess of two hundred thousand (200,000) inhabitants shall cause a warrant of arrest to be issued upon affidavit of a spouse or any person who is responsible for maintenance of a dependent child who states that nonsupport has taken place.

(e) Any person found guilty of nonsupport is also responsible for the court costs and administrative costs incurred by the court.

(f) The state may take judgment against any defendant convicted of nonsupport for any money expended by any state agency for the support and maintenance of the person with respect to whom the defendant had a duty to support.

(g) It is an affirmative defense to a prosecution under this section that the defendant had just cause to fail to provide the support.

Acts 1975, No. 280, § 2405; 1983, No. 174, § 1; A.S.A. 1947, § 41-2405; Acts 1997, No. 1282, § 1; 1999, No. 1484, § 1; 2007, No. 827, § 31.
Ark. Code Ann. § 5-2-605 — AR Code / Title 5 / Chapter 2 / Subchapter 6 / Section 5-2-605
Use of physical force generally
Status: in_force

The use upon another person of physical force that would otherwise constitute an offense is justifiable under any of the following circumstances: (1) A parent, school employee, guardian, or other person entrusted with care and supervision of a minor or an incompetent person may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent reasonably necessary to maintain discipline or to promote the welfare of the minor or incompetent person or if the parent, school employee, guardian, or other person entrusted with care and supervision of the minor or the incompetent person is authorized by § 5-2-606 to use physical force on the minor or incompetent person; (2) A warden or other authorized official of a correctional facility may use nondeadly physical force to the extent reasonably necessary to maintain order and discipline; (3) A person responsible for the maintenance of order in a common carrier or a person acting under the responsible person's direction may use nondeadly physical force to the extent reasonably necessary to maintain order; (4) A person who reasonably believes that another person is about to commit suicide or to inflict serious physical injury upon himself or herself may use nondeadly physical force upon the other person to the extent reasonably necessary to thwart the suicide or infliction of serious physical injury; (5) A duly licensed physician or a person assisting a duly licensed physician at the duly licensed physician's direction may use physical force for the purpose of administering a recognized form of treatment reasonably adapted to promoting the physical or mental health of a patient if the treatment is administered: (A) With the consent of the patient or, if the patient is a minor who is unable to appreciate or understand the nature or possible consequences of the proposed medical treatment or is an incompetent person, with the consent of a parent, guardian, or other person entrusted with the patient's care and supervision; or (B) In an emergency when the duly licensed physician reasonably believes that no person competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent. Amended by Act 2023, No. 165,§ 2, eff. 8/1/2023. Acts 1975, No. 280, § 505; A.S.A. 1947, § 41-505; Acts 2007, No. 827, § 12.

The use upon another person of physical force that would otherwise constitute an offense is justifiable under any of the following circumstances:

(1) A parent, school employee, guardian, or other person entrusted with care and supervision of a minor or an incompetent person may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent reasonably necessary to maintain discipline or to promote the welfare of the minor or incompetent person or if the parent, school employee, guardian, or other person entrusted with care and supervision of the minor or the incompetent person is authorized by § 5-2-606 to use physical force on the minor or incompetent person;

(2) A warden or other authorized official of a correctional facility may use nondeadly physical force to the extent reasonably necessary to maintain order and discipline;

(3) A person responsible for the maintenance of order in a common carrier or a person acting under the responsible person's direction may use nondeadly physical force to the extent reasonably necessary to maintain order;

(4) A person who reasonably believes that another person is about to commit suicide or to inflict serious physical injury upon himself or herself may use nondeadly physical force upon the other person to the extent reasonably necessary to thwart the suicide or infliction of serious physical injury;

(5) A duly licensed physician or a person assisting a duly licensed physician at the duly licensed physician's direction may use physical force for the purpose of administering a recognized form of treatment reasonably adapted to promoting the physical or mental health of a patient if the treatment is administered: (A) With the consent of the patient or, if the patient is a minor who is unable to appreciate or understand the nature or possible consequences of the proposed medical treatment or is an incompetent person, with the consent of a parent, guardian, or other person entrusted with the patient's care and supervision; or (B) In an emergency when the duly licensed physician reasonably believes that no person competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.

(A) With the consent of the patient or, if the patient is a minor who is unable to appreciate or understand the nature or possible consequences of the proposed medical treatment or is an incompetent person, with the consent of a parent, guardian, or other person entrusted with the patient's care and supervision; or

(B) In an emergency when the duly licensed physician reasonably believes that no person competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.

Amended by Act 2023, No. 165,§ 2, eff. 8/1/2023.

Acts 1975, No. 280, § 505; A.S.A. 1947, § 41-505; Acts 2007, No. 827, § 12.
Ark. Code Ann. § 5-4-208 — AR Code / Title 5 / Chapter 4 / Subchapter 2 / Section 5-4-208
Installment payments - Restitution to be paid first
Status: in_force

If a defendant is making installment payments under § 5-4-202(b) , and is also making installment payments for restitution under § 5-4-205(e)(1)(B) , the installment payments are given priority as follows: (1) First, installment payments are applied to restitution, with the exception of the monthly installment fee, which is remitted as provided under § 5-4-205(e)(1)(B)(ii) ; and (2) Second, when restitution has been paid in full, remaining installment payments are applied to court costs and then fines. Added by Act 2023, No. 450,§ 1, eff. 8/1/2023.

If a defendant is making installment payments under § 5-4-202(b) , and is also making installment payments for restitution under § 5-4-205(e)(1)(B) , the installment payments are given priority as follows:

(1) First, installment payments are applied to restitution, with the exception of the monthly installment fee, which is remitted as provided under § 5-4-205(e)(1)(B)(ii) ; and

(2) Second, when restitution has been paid in full, remaining installment payments are applied to court costs and then fines.

Added by Act 2023, No. 450,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 5-73-128 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-128
Offenses upon property of public schools
Status: in_force

(a) (1) The court shall prepare and transmit to the Department of Finance and Administration an order of denial of driving privileges for a person within twenty-four (24) hours after the plea or finding, if a person who is less than nineteen (19) years of age at the time of the commission of the offense: (A) Pleads guilty or nolo contendere to any criminal offense under § 5-73-101 et seq. or the Uniform Machine Gun Act, § 5-73-201 et seq., and the plea is accepted by the court, or is found guilty of any criminal offense under § 5-73-101 et seq. or the Uniform Machine Gun Act, § 5-73-201 et seq., if the state proves that the offense was committed upon the property of a public school or in or upon any school bus; or (B) Is found by a juvenile division of circuit court to have committed an offense described in subdivision (a)(1)(A) of this section. (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 section, the department shall suspend the motor vehicle operator's license of the person for not less than twelve (12) months nor more than thirty-six (36) months. (c) A penalty prescribed in this section is in addition to any other penalty prescribed by law for an offense covered by this section. Acts 1993, No. 264 §§ 1-3; 1993, No. 781, §§ 1-3.

(a) (1) The court shall prepare and transmit to the Department of Finance and Administration an order of denial of driving privileges for a person within twenty-four (24) hours after the plea or finding, if a person who is less than nineteen (19) years of age at the time of the commission of the offense: (A) Pleads guilty or nolo contendere to any criminal offense under § 5-73-101 et seq. or the Uniform Machine Gun Act, § 5-73-201 et seq., and the plea is accepted by the court, or is found guilty of any criminal offense under § 5-73-101 et seq. or the Uniform Machine Gun Act, § 5-73-201 et seq., if the state proves that the offense was committed upon the property of a public school or in or upon any school bus; or (B) Is found by a juvenile division of circuit court to have committed an offense described in subdivision (a)(1)(A) of this section. (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) The court shall prepare and transmit to the Department of Finance and Administration an order of denial of driving privileges for a person within twenty-four (24) hours after the plea or finding, if a person who is less than nineteen (19) years of age at the time of the commission of the offense: (A) Pleads guilty or nolo contendere to any criminal offense under § 5-73-101 et seq. or the Uniform Machine Gun Act, § 5-73-201 et seq., and the plea is accepted by the court, or is found guilty of any criminal offense under § 5-73-101 et seq. or the Uniform Machine Gun Act, § 5-73-201 et seq., if the state proves that the offense was committed upon the property of a public school or in or upon any school bus; or (B) Is found by a juvenile division of circuit court to have committed an offense described in subdivision (a)(1)(A) of this section.

(A) Pleads guilty or nolo contendere to any criminal offense under § 5-73-101 et seq. or the Uniform Machine Gun Act, § 5-73-201 et seq., and the plea is accepted by the court, or is found guilty of any criminal offense under § 5-73-101 et seq. or the Uniform Machine Gun Act, § 5-73-201 et seq., if the state proves that the offense was committed upon the property of a public school or in or upon any school bus; or

(B) Is found by a juvenile division of circuit court to have committed an offense described in subdivision (a)(1)(A) of this section.

(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 section, the department shall suspend the motor vehicle operator's license of the person for not less than twelve (12) months nor more than thirty-six (36) months.

(c) A penalty prescribed in this section is in addition to any other penalty prescribed by law for an offense covered by this section.

Acts 1993, No. 264 §§ 1-3; 1993, No. 781, §§ 1-3.
Ark. Code Ann. § 5-2-310 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-310
Lack of fitness to proceed - Procedures subsequent to finding
Status: in_force

(a) (1) (A) If the court determines that a defendant lacks fitness to proceed, the proceeding against him or her shall be suspended and the court may commit the defendant to the custody of the Department of Human Services for detention, care, and treatment until restoration of fitness to proceed. (B) However, if the court is satisfied that the defendant may be released without danger to himself or herself or to the person or property of another, the court may order the defendant's release and the release shall continue at the discretion of the court on conditions the court determines necessary. (2) A copy of the report filed under § 5-2-327 shall be attached to the order of commitment or order of conditional release. (b) (1) Within a reasonable period of time, but in any case within ten (10) months of a commitment pursuant to subsection (a) of this section, the department shall file with the committing court a written report indicating whether the defendant is fit to proceed, or if not, whether: (A) The defendant's mental disease or defect is of a nature precluding restoration of fitness to proceed; and (B) The defendant presents a danger to himself or herself or to the person or property of another. (2) (A) The court shall make a determination within one (1) year of a commitment pursuant to subsection (a) of this section. (B) Pursuant to the report of the department or as a result of a hearing on the report, if the court determines that the defendant is fit to proceed, prosecution in ordinary course may commence. (C) If the defendant lacks fitness to proceed but does not present a danger to himself or herself or to the person or property of another, the court may release the defendant on conditions the court determines to be proper. (D) If the defendant lacks fitness to proceed and presents a danger to himself or herself or the person or property of another, the court shall order the department to petition for an involuntary admission. (E) Upon filing of an order finding that the defendant lacks fitness to proceed issued under subdivision (b)(2)(A) of this section with a circuit clerk or a probate clerk, the circuit clerk or the probate clerk shall submit a copy of the order to the Arkansas Crime Information Center. (c) (1) On the court's own motion or upon application of the department, the prosecuting attorney, or the defendant, and after a hearing if a hearing is requested, if the court determines that the defendant has regained fitness to proceed, the criminal proceeding shall be resumed. (2) However, if the court is of the view that so much time has elapsed since the alleged commission of the offense in question that it would be unjust to resume the criminal proceeding, the court may dismiss the charge. Amended by Act 2017, No. 472,§ 9, eff. 8/1/2017. Acts 1975, No. 280, § 607; A.S.A. 1947, § 41-607; Acts 1989, No. 645, § 1; No. 911, § 1; 2007, No. 463, § 1; No. 568, § 1.

(a) (1) (A) If the court determines that a defendant lacks fitness to proceed, the proceeding against him or her shall be suspended and the court may commit the defendant to the custody of the Department of Human Services for detention, care, and treatment until restoration of fitness to proceed. (B) However, if the court is satisfied that the defendant may be released without danger to himself or herself or to the person or property of another, the court may order the defendant's release and the release shall continue at the discretion of the court on conditions the court determines necessary. (2) A copy of the report filed under § 5-2-327 shall be attached to the order of commitment or order of conditional release.

(1) (A) If the court determines that a defendant lacks fitness to proceed, the proceeding against him or her shall be suspended and the court may commit the defendant to the custody of the Department of Human Services for detention, care, and treatment until restoration of fitness to proceed. (B) However, if the court is satisfied that the defendant may be released without danger to himself or herself or to the person or property of another, the court may order the defendant's release and the release shall continue at the discretion of the court on conditions the court determines necessary.

(A) If the court determines that a defendant lacks fitness to proceed, the proceeding against him or her shall be suspended and the court may commit the defendant to the custody of the Department of Human Services for detention, care, and treatment until restoration of fitness to proceed.

(B) However, if the court is satisfied that the defendant may be released without danger to himself or herself or to the person or property of another, the court may order the defendant's release and the release shall continue at the discretion of the court on conditions the court determines necessary.

(2) A copy of the report filed under § 5-2-327 shall be attached to the order of commitment or order of conditional release.

(b) (1) Within a reasonable period of time, but in any case within ten (10) months of a commitment pursuant to subsection (a) of this section, the department shall file with the committing court a written report indicating whether the defendant is fit to proceed, or if not, whether: (A) The defendant's mental disease or defect is of a nature precluding restoration of fitness to proceed; and (B) The defendant presents a danger to himself or herself or to the person or property of another. (2) (A) The court shall make a determination within one (1) year of a commitment pursuant to subsection (a) of this section. (B) Pursuant to the report of the department or as a result of a hearing on the report, if the court determines that the defendant is fit to proceed, prosecution in ordinary course may commence. (C) If the defendant lacks fitness to proceed but does not present a danger to himself or herself or to the person or property of another, the court may release the defendant on conditions the court determines to be proper. (D) If the defendant lacks fitness to proceed and presents a danger to himself or herself or the person or property of another, the court shall order the department to petition for an involuntary admission. (E) Upon filing of an order finding that the defendant lacks fitness to proceed issued under subdivision (b)(2)(A) of this section with a circuit clerk or a probate clerk, the circuit clerk or the probate clerk shall submit a copy of the order to the Arkansas Crime Information Center.

(1) Within a reasonable period of time, but in any case within ten (10) months of a commitment pursuant to subsection (a) of this section, the department shall file with the committing court a written report indicating whether the defendant is fit to proceed, or if not, whether: (A) The defendant's mental disease or defect is of a nature precluding restoration of fitness to proceed; and (B) The defendant presents a danger to himself or herself or to the person or property of another.

(A) The defendant's mental disease or defect is of a nature precluding restoration of fitness to proceed; and

(B) The defendant presents a danger to himself or herself or to the person or property of another.

(2) (A) The court shall make a determination within one (1) year of a commitment pursuant to subsection (a) of this section. (B) Pursuant to the report of the department or as a result of a hearing on the report, if the court determines that the defendant is fit to proceed, prosecution in ordinary course may commence. (C) If the defendant lacks fitness to proceed but does not present a danger to himself or herself or to the person or property of another, the court may release the defendant on conditions the court determines to be proper. (D) If the defendant lacks fitness to proceed and presents a danger to himself or herself or the person or property of another, the court shall order the department to petition for an involuntary admission. (E) Upon filing of an order finding that the defendant lacks fitness to proceed issued under subdivision (b)(2)(A) of this section with a circuit clerk or a probate clerk, the circuit clerk or the probate clerk shall submit a copy of the order to the Arkansas Crime Information Center.

(A) The court shall make a determination within one (1) year of a commitment pursuant to subsection (a) of this section.

(B) Pursuant to the report of the department or as a result of a hearing on the report, if the court determines that the defendant is fit to proceed, prosecution in ordinary course may commence.

(C) If the defendant lacks fitness to proceed but does not present a danger to himself or herself or to the person or property of another, the court may release the defendant on conditions the court determines to be proper.

(D) If the defendant lacks fitness to proceed and presents a danger to himself or herself or the person or property of another, the court shall order the department to petition for an involuntary admission.

(E) Upon filing of an order finding that the defendant lacks fitness to proceed issued under subdivision (b)(2)(A) of this section with a circuit clerk or a probate clerk, the circuit clerk or the probate clerk shall submit a copy of the order to the Arkansas Crime Information Center.

(c) (1) On the court's own motion or upon application of the department, the prosecuting attorney, or the defendant, and after a hearing if a hearing is requested, if the court determines that the defendant has regained fitness to proceed, the criminal proceeding shall be resumed. (2) However, if the court is of the view that so much time has elapsed since the alleged commission of the offense in question that it would be unjust to resume the criminal proceeding, the court may dismiss the charge.

(1) On the court's own motion or upon application of the department, the prosecuting attorney, or the defendant, and after a hearing if a hearing is requested, if the court determines that the defendant has regained fitness to proceed, the criminal proceeding shall be resumed.

(2) However, if the court is of the view that so much time has elapsed since the alleged commission of the offense in question that it would be unjust to resume the criminal proceeding, the court may dismiss the charge.

Amended by Act 2017, No. 472,§ 9, eff. 8/1/2017.

Acts 1975, No. 280, § 607; A.S.A. 1947, § 41-607; Acts 1989, No. 645, § 1; No. 911, § 1; 2007, No. 463, § 1; No. 568, § 1.
Ark. Code Ann. § 5-37-215 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-215
Fraudulently filing a Uniform Commercial Code financing statement
Status: in_force

(a) As used in this section: (1) "Financing statement" means the same as defined in § 4-9-102(a)(39) ; and (2) "Security agreement" means the same as defined in § 4-9-102(a)(75) . (b) A person commits the offense of fraudulently filing a Uniform Commercial Code financing statement if, with the purpose to defraud or harass an alleged debtor or any other person, the person knowingly presents or conspires with another person to present a financing statement under the Uniform Commercial Code, § 4-1-101 et seq., for filing that the person knows: (1) Is not based on a bona fide security agreement; or (2) Was not authorized or authenticated by the alleged debtor identified in the financing statement or an authorized representative of the alleged debtor. (c) (1) Fraudulently filing a Uniform Commercial Code financing statement is a Class A misdemeanor. (2) (A) A subsequent offense of fraudulently filing a Uniform Commercial Code financing statement is a Class D felony. (B) (i) Subdivision (c)(2)(A) of this section includes a subsequent offense by a defendant who has previously pleaded guilty or nolo contendere to or been found guilty of an equivalent penal law of another state or foreign jurisdiction or an equivalent penal federal law. (ii) The trial judge shall determine whether the defendant has previously pleaded guilty or nolo contendere to or been found guilty of an equivalent penal law in another state or foreign jurisdiction or an equivalent penal federal law based on certified records of the previous offense. (d) In addition to the criminal penalties provided under subsection (c) of this section and in addition to any other laws under which a person may obtain relief, a person aggrieved or damaged by the filing of a Uniform Commercial Code financing statement in violation of subsection (b) of this section has a civil cause of action against the defendant for injunctive and other curative relief and may also recover: (1) The greater of ten thousand dollars ($10,000) or the actual damages caused by the violation; (2) Court costs; (3) Reasonable attorney's fees; (4) Costs and expenses reasonably related to the expenses of investigating and bringing the civil action; and (5) Exemplary or punitive damages in an amount determined by the fact finder. Acts 2009, No. 336, § 1.

(a) As used in this section: (1) "Financing statement" means the same as defined in § 4-9-102(a)(39) ; and (2) "Security agreement" means the same as defined in § 4-9-102(a)(75) .

(1) "Financing statement" means the same as defined in § 4-9-102(a)(39) ; and

(2) "Security agreement" means the same as defined in § 4-9-102(a)(75) .

(b) A person commits the offense of fraudulently filing a Uniform Commercial Code financing statement if, with the purpose to defraud or harass an alleged debtor or any other person, the person knowingly presents or conspires with another person to present a financing statement under the Uniform Commercial Code, § 4-1-101 et seq., for filing that the person knows: (1) Is not based on a bona fide security agreement; or (2) Was not authorized or authenticated by the alleged debtor identified in the financing statement or an authorized representative of the alleged debtor.

(1) Is not based on a bona fide security agreement; or

(2) Was not authorized or authenticated by the alleged debtor identified in the financing statement or an authorized representative of the alleged debtor.

(c) (1) Fraudulently filing a Uniform Commercial Code financing statement is a Class A misdemeanor. (2) (A) A subsequent offense of fraudulently filing a Uniform Commercial Code financing statement is a Class D felony. (B) (i) Subdivision (c)(2)(A) of this section includes a subsequent offense by a defendant who has previously pleaded guilty or nolo contendere to or been found guilty of an equivalent penal law of another state or foreign jurisdiction or an equivalent penal federal law. (ii) The trial judge shall determine whether the defendant has previously pleaded guilty or nolo contendere to or been found guilty of an equivalent penal law in another state or foreign jurisdiction or an equivalent penal federal law based on certified records of the previous offense.

(1) Fraudulently filing a Uniform Commercial Code financing statement is a Class A misdemeanor.

(2) (A) A subsequent offense of fraudulently filing a Uniform Commercial Code financing statement is a Class D felony. (B) (i) Subdivision (c)(2)(A) of this section includes a subsequent offense by a defendant who has previously pleaded guilty or nolo contendere to or been found guilty of an equivalent penal law of another state or foreign jurisdiction or an equivalent penal federal law. (ii) The trial judge shall determine whether the defendant has previously pleaded guilty or nolo contendere to or been found guilty of an equivalent penal law in another state or foreign jurisdiction or an equivalent penal federal law based on certified records of the previous offense.

(A) A subsequent offense of fraudulently filing a Uniform Commercial Code financing statement is a Class D felony.

(B) (i) Subdivision (c)(2)(A) of this section includes a subsequent offense by a defendant who has previously pleaded guilty or nolo contendere to or been found guilty of an equivalent penal law of another state or foreign jurisdiction or an equivalent penal federal law. (ii) The trial judge shall determine whether the defendant has previously pleaded guilty or nolo contendere to or been found guilty of an equivalent penal law in another state or foreign jurisdiction or an equivalent penal federal law based on certified records of the previous offense.

(i) Subdivision (c)(2)(A) of this section includes a subsequent offense by a defendant who has previously pleaded guilty or nolo contendere to or been found guilty of an equivalent penal law of another state or foreign jurisdiction or an equivalent penal federal law.

(ii) The trial judge shall determine whether the defendant has previously pleaded guilty or nolo contendere to or been found guilty of an equivalent penal law in another state or foreign jurisdiction or an equivalent penal federal law based on certified records of the previous offense.

(d) In addition to the criminal penalties provided under subsection (c) of this section and in addition to any other laws under which a person may obtain relief, a person aggrieved or damaged by the filing of a Uniform Commercial Code financing statement in violation of subsection (b) of this section has a civil cause of action against the defendant for injunctive and other curative relief and may also recover: (1) The greater of ten thousand dollars ($10,000) or the actual damages caused by the violation; (2) Court costs; (3) Reasonable attorney's fees; (4) Costs and expenses reasonably related to the expenses of investigating and bringing the civil action; and (5) Exemplary or punitive damages in an amount determined by the fact finder.

(1) The greater of ten thousand dollars ($10,000) or the actual damages caused by the violation;

(2) Court costs;

(3) Reasonable attorney's fees;

(4) Costs and expenses reasonably related to the expenses of investigating and bringing the civil action; and

(5) Exemplary or punitive damages in an amount determined by the fact finder.

Acts 2009, No. 336, § 1.
Ark. Code Ann. § 5-73-107 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-107
Possession of a defaced firearm
Status: in_force

(a) A person commits the offense of possession of a defaced firearm if he or she knowingly possesses a firearm with a manufacturer's serial number or other identification mark required by law that has been removed, defaced, marred, altered, or destroyed. (b) It is a defense to a prosecution under this section that: (1) The person reported the possession to the police or other governmental agency prior to arrest or the issuance of an arrest warrant or summons; or (2) The firearm was manufactured prior to January 1, 1968. (c) (1) Possession of a defaced firearm is a Class D felony. (2) However, possession of a defaced firearm is a Class A misdemeanor if the manufacturer's serial number or other identification mark required by law is merely covered or obstructed, but still retrievable. Amended by Act 2017, No. 73,§ 1, eff. 8/1/2017. Acts 1975, No. 280, § 3107; A.S.A. 1947, § 41-3107; Acts 1995, No. 1202, § 1.

(a) A person commits the offense of possession of a defaced firearm if he or she knowingly possesses a firearm with a manufacturer's serial number or other identification mark required by law that has been removed, defaced, marred, altered, or destroyed.

(b) It is a defense to a prosecution under this section that: (1) The person reported the possession to the police or other governmental agency prior to arrest or the issuance of an arrest warrant or summons; or (2) The firearm was manufactured prior to January 1, 1968.

(1) The person reported the possession to the police or other governmental agency prior to arrest or the issuance of an arrest warrant or summons; or

(2) The firearm was manufactured prior to January 1, 1968.

(c) (1) Possession of a defaced firearm is a Class D felony. (2) However, possession of a defaced firearm is a Class A misdemeanor if the manufacturer's serial number or other identification mark required by law is merely covered or obstructed, but still retrievable.

(1) Possession of a defaced firearm is a Class D felony.

(2) However, possession of a defaced firearm is a Class A misdemeanor if the manufacturer's serial number or other identification mark required by law is merely covered or obstructed, but still retrievable.

Amended by Act 2017, No. 73,§ 1, eff. 8/1/2017.

Acts 1975, No. 280, § 3107; A.S.A. 1947, § 41-3107; Acts 1995, No. 1202, § 1.
Ark. Code Ann. § 5-54-119 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-119
Furnishing, possessing, or using prohibited articles - Delivering a prohibited article
Status: in_force

(a) A person commits the offense of furnishing a prohibited article if he or she knowingly: (1) Introduces a prohibited article into a correctional facility, the Arkansas State Hospital, or a youth services program; or (2) Provides a person confined in a correctional facility, the Arkansas State Hospital, or a youth services program with a prohibited article. (b) (1) (A) Furnishing or providing a weapon, intoxicating beverage, controlled substance, moneys, a cellular telephone or other communication device, the components of a cellular telephone or other communication device, or any other items that would facilitate an escape, engaging in a continuing criminal enterprise, § 5-64-405 , or violence within a facility is a Class B felony. (B) Otherwise, furnishing a prohibited article is a Class C felony. (2) This section does not apply to a religious official who supplies sacramental wine labeled as sacramental wine to an inmate in the Division of Correction for the sole purpose of an approved religious service, pursuant to rules promulgated by the Board of Corrections. (c) (1) A person commits possessing a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly possesses a: (A) Cellular telephone or other communication device; (B) Component of a cellular telephone or other communication device; or (C) Controlled substance. (2) Possessing a prohibited article is a Class B felony. (d) (1) A person commits using a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly uses a cellular telephone or other communication device to commit or to attempt, conspire, or solicit to commit: (A) An escape from the custody of the correctional facility; (B) Engaging in a continuing criminal enterprise, § 5-64-405 ; or (C) A violent felony as defined at § 5-4-501(d)(2) . (2) Using a prohibited article is a Class A felony. (e) (1) A person commits the offense of delivering a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly delivers a controlled substance to another person. (2) (A) Delivering a prohibited article is a Class A felony if the controlled substance through its use causes the death of or serious bodily injury to another person. (B) Otherwise, delivering a prohibited article is a Class B felony. (f) A person may not be convicted of furnishing, possessing, or delivering a prohibited article if the prohibited article is a controlled substance and the person has been charged with, tried for, or convicted of a possession or delivery offense under § 5-64-401 et seq., that arises out of the same set of facts. (g) A person convicted of furnishing a prohibited article, possessing a prohibited article, using a prohibited article, or delivering a prohibited article and who, at the time of the offense, was an employee of, volunteer for, or contractor with a correctional facility shall have his or her sentence enhanced as follows: (1) (A) The term of imprisonment is enhanced by up to ten (10) additional years. (B) The enhanced term of imprisonment under subdivision (g)(1)(A) of this section is consecutive to any other sentence imposed. (C) A person subject to an enhanced term of imprisonment under subdivision (g)(1)(A) of this section is not eligible for parole, post-release supervision, or community correction transfer for the enhanced term of imprisonment under subdivision (g)(1)(A) of this section; and (2) The fine is enhanced by up to ten thousand dollars ($10,000). Amended by Act 2023, No. 659,§ 40, eff. 1/1/2024. Amended by Act 2019, No. 315,§ 151, eff. 7/24/2019. Amended by Act 2019, No. 672,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 129,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 2819; 1977, No. 360, § 17; 1985, No. 686, § 1; A.S.A. 1947, § 41-2819; Acts 1988 (4th Ex. Sess.), No. 8, § 2; 1988 (4th Ex. Sess.), No. 23, § 2; 2005, No. 168, § 1; 2005, No. 1994, § 258; 2009, No. 479, § 1.

(a) A person commits the offense of furnishing a prohibited article if he or she knowingly: (1) Introduces a prohibited article into a correctional facility, the Arkansas State Hospital, or a youth services program; or (2) Provides a person confined in a correctional facility, the Arkansas State Hospital, or a youth services program with a prohibited article.

(1) Introduces a prohibited article into a correctional facility, the Arkansas State Hospital, or a youth services program; or

(2) Provides a person confined in a correctional facility, the Arkansas State Hospital, or a youth services program with a prohibited article.

(b) (1) (A) Furnishing or providing a weapon, intoxicating beverage, controlled substance, moneys, a cellular telephone or other communication device, the components of a cellular telephone or other communication device, or any other items that would facilitate an escape, engaging in a continuing criminal enterprise, § 5-64-405 , or violence within a facility is a Class B felony. (B) Otherwise, furnishing a prohibited article is a Class C felony. (2) This section does not apply to a religious official who supplies sacramental wine labeled as sacramental wine to an inmate in the Division of Correction for the sole purpose of an approved religious service, pursuant to rules promulgated by the Board of Corrections.

(1) (A) Furnishing or providing a weapon, intoxicating beverage, controlled substance, moneys, a cellular telephone or other communication device, the components of a cellular telephone or other communication device, or any other items that would facilitate an escape, engaging in a continuing criminal enterprise, § 5-64-405 , or violence within a facility is a Class B felony. (B) Otherwise, furnishing a prohibited article is a Class C felony.

(A) Furnishing or providing a weapon, intoxicating beverage, controlled substance, moneys, a cellular telephone or other communication device, the components of a cellular telephone or other communication device, or any other items that would facilitate an escape, engaging in a continuing criminal enterprise, § 5-64-405 , or violence within a facility is a Class B felony.

(B) Otherwise, furnishing a prohibited article is a Class C felony.

(2) This section does not apply to a religious official who supplies sacramental wine labeled as sacramental wine to an inmate in the Division of Correction for the sole purpose of an approved religious service, pursuant to rules promulgated by the Board of Corrections.

(c) (1) A person commits possessing a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly possesses a: (A) Cellular telephone or other communication device; (B) Component of a cellular telephone or other communication device; or (C) Controlled substance. (2) Possessing a prohibited article is a Class B felony.

(1) A person commits possessing a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly possesses a: (A) Cellular telephone or other communication device; (B) Component of a cellular telephone or other communication device; or (C) Controlled substance.

(A) Cellular telephone or other communication device;

(B) Component of a cellular telephone or other communication device; or

(C) Controlled substance.

(2) Possessing a prohibited article is a Class B felony.

(d) (1) A person commits using a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly uses a cellular telephone or other communication device to commit or to attempt, conspire, or solicit to commit: (A) An escape from the custody of the correctional facility; (B) Engaging in a continuing criminal enterprise, § 5-64-405 ; or (C) A violent felony as defined at § 5-4-501(d)(2) . (2) Using a prohibited article is a Class A felony.

(1) A person commits using a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly uses a cellular telephone or other communication device to commit or to attempt, conspire, or solicit to commit: (A) An escape from the custody of the correctional facility; (B) Engaging in a continuing criminal enterprise, § 5-64-405 ; or (C) A violent felony as defined at § 5-4-501(d)(2) .

(A) An escape from the custody of the correctional facility;

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

(C) A violent felony as defined at § 5-4-501(d)(2) .

(2) Using a prohibited article is a Class A felony.

(e) (1) A person commits the offense of delivering a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly delivers a controlled substance to another person. (2) (A) Delivering a prohibited article is a Class A felony if the controlled substance through its use causes the death of or serious bodily injury to another person. (B) Otherwise, delivering a prohibited article is a Class B felony.

(1) A person commits the offense of delivering a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly delivers a controlled substance to another person.

(2) (A) Delivering a prohibited article is a Class A felony if the controlled substance through its use causes the death of or serious bodily injury to another person. (B) Otherwise, delivering a prohibited article is a Class B felony.

(A) Delivering a prohibited article is a Class A felony if the controlled substance through its use causes the death of or serious bodily injury to another person.

(B) Otherwise, delivering a prohibited article is a Class B felony.

(f) A person may not be convicted of furnishing, possessing, or delivering a prohibited article if the prohibited article is a controlled substance and the person has been charged with, tried for, or convicted of a possession or delivery offense under § 5-64-401 et seq., that arises out of the same set of facts.

(g) A person convicted of furnishing a prohibited article, possessing a prohibited article, using a prohibited article, or delivering a prohibited article and who, at the time of the offense, was an employee of, volunteer for, or contractor with a correctional facility shall have his or her sentence enhanced as follows: (1) (A) The term of imprisonment is enhanced by up to ten (10) additional years. (B) The enhanced term of imprisonment under subdivision (g)(1)(A) of this section is consecutive to any other sentence imposed. (C) A person subject to an enhanced term of imprisonment under subdivision (g)(1)(A) of this section is not eligible for parole, post-release supervision, or community correction transfer for the enhanced term of imprisonment under subdivision (g)(1)(A) of this section; and (2) The fine is enhanced by up to ten thousand dollars ($10,000).

(1) (A) The term of imprisonment is enhanced by up to ten (10) additional years. (B) The enhanced term of imprisonment under subdivision (g)(1)(A) of this section is consecutive to any other sentence imposed. (C) A person subject to an enhanced term of imprisonment under subdivision (g)(1)(A) of this section is not eligible for parole, post-release supervision, or community correction transfer for the enhanced term of imprisonment under subdivision (g)(1)(A) of this section; and

(A) The term of imprisonment is enhanced by up to ten (10) additional years.

(B) The enhanced term of imprisonment under subdivision (g)(1)(A) of this section is consecutive to any other sentence imposed.

(C) A person subject to an enhanced term of imprisonment under subdivision (g)(1)(A) of this section is not eligible for parole, post-release supervision, or community correction transfer for the enhanced term of imprisonment under subdivision (g)(1)(A) of this section; and

(2) The fine is enhanced by up to ten thousand dollars ($10,000).

Amended by Act 2023, No. 659,§ 40, eff. 1/1/2024.

Amended by Act 2019, No. 315,§ 151, eff. 7/24/2019.

Amended by Act 2019, No. 672,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 129,§ 1, eff. 8/16/2013.

Acts 1975, No. 280, § 2819; 1977, No. 360, § 17; 1985, No. 686, § 1; A.S.A. 1947, § 41-2819; Acts 1988 (4th Ex. Sess.), No. 8, § 2; 1988 (4th Ex. Sess.), No. 23, § 2; 2005, No. 168, § 1; 2005, No. 1994, § 258; 2009, No. 479, § 1.
Ark. Code Ann. § 5-73-327 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-327
Voluntary mental health treatment
Status: in_force

(a) As used in this section, "mental health institution or mental health treatment facility" means a public or private facility where a person may voluntarily admit himself or herself for mental health treatment. (b) (1) A person who voluntarily seeks and completes mental health treatment in a mental health institution or mental health treatment facility may obtain a license to carry a concealed handgun under this subchapter by filing a petition in the circuit court where the person resides. (2) However, the person may not obtain a license to carry a concealed handgun under this subchapter until at least two (2) years after he or she completed mental health treatment in a mental health institution or mental health treatment facility. (c) (1) A petition under this section shall request a judicial determination that the petitioner is mentally fit and that his or her past voluntary commitment to a mental health institution or mental health treatment facility would currently not have a negative impact on the petitioner's ability to responsibly possess a license to carry a concealed handgun. (2) A petitioner shall also provide the circuit court with a limited medical waiver that would allow the circuit court and the prosecuting attorney access to and the ability to request any medical record that concerns the petitioner's mental health treatment at issue. (d) (1) A copy of a petition under this section shall be served on the prosecuting attorney within thirty (30) days of the filing of the petition. (2) The prosecuting attorney may appear, support, object to, or present evidence relevant to the petition. (e) The circuit court shall consider evidence in an open proceeding, including evidence offered by the petitioner concerning: (1) The circumstances that led to the petitioner voluntarily seeking mental health treatment; (2) The petitioner's certified mental health records; (3) The petitioner's certified criminal history; (4) The petitioner's reputation; and (5) Changes in the petitioner's condition or circumstances relevant to the petition. (f) The circuit court shall grant the petition if the circuit court finds by a preponderance of the evidence the following: (1) The petitioner is not likely to act in a manner that is dangerous to public safety; and (2) Granting the petition would not be contrary to the public interest. (g) The petitioner may appeal a final order denying the petition and the review on appeal shall be de novo. (h) A person may file a petition under this section no more than one (1) time every two (2) years. (i) When the circuit court issues an order granting a petition under this section, as soon as practicable but no later than thirty (30) days after issuance of the order, the circuit clerk shall forward a copy of the order to the Division of Arkansas State Police. Amended by Act 2023, No. 30,§ 2, eff. 8/1/2023. Added by Act 2019, No. 917,§ 2, eff. 7/24/2019.

(a) As used in this section, "mental health institution or mental health treatment facility" means a public or private facility where a person may voluntarily admit himself or herself for mental health treatment.

(b) (1) A person who voluntarily seeks and completes mental health treatment in a mental health institution or mental health treatment facility may obtain a license to carry a concealed handgun under this subchapter by filing a petition in the circuit court where the person resides. (2) However, the person may not obtain a license to carry a concealed handgun under this subchapter until at least two (2) years after he or she completed mental health treatment in a mental health institution or mental health treatment facility.

(1) A person who voluntarily seeks and completes mental health treatment in a mental health institution or mental health treatment facility may obtain a license to carry a concealed handgun under this subchapter by filing a petition in the circuit court where the person resides.

(2) However, the person may not obtain a license to carry a concealed handgun under this subchapter until at least two (2) years after he or she completed mental health treatment in a mental health institution or mental health treatment facility.

(c) (1) A petition under this section shall request a judicial determination that the petitioner is mentally fit and that his or her past voluntary commitment to a mental health institution or mental health treatment facility would currently not have a negative impact on the petitioner's ability to responsibly possess a license to carry a concealed handgun. (2) A petitioner shall also provide the circuit court with a limited medical waiver that would allow the circuit court and the prosecuting attorney access to and the ability to request any medical record that concerns the petitioner's mental health treatment at issue.

(1) A petition under this section shall request a judicial determination that the petitioner is mentally fit and that his or her past voluntary commitment to a mental health institution or mental health treatment facility would currently not have a negative impact on the petitioner's ability to responsibly possess a license to carry a concealed handgun.

(2) A petitioner shall also provide the circuit court with a limited medical waiver that would allow the circuit court and the prosecuting attorney access to and the ability to request any medical record that concerns the petitioner's mental health treatment at issue.

(d) (1) A copy of a petition under this section shall be served on the prosecuting attorney within thirty (30) days of the filing of the petition. (2) The prosecuting attorney may appear, support, object to, or present evidence relevant to the petition.

(1) A copy of a petition under this section shall be served on the prosecuting attorney within thirty (30) days of the filing of the petition.

(2) The prosecuting attorney may appear, support, object to, or present evidence relevant to the petition.

(e) The circuit court shall consider evidence in an open proceeding, including evidence offered by the petitioner concerning: (1) The circumstances that led to the petitioner voluntarily seeking mental health treatment; (2) The petitioner's certified mental health records; (3) The petitioner's certified criminal history; (4) The petitioner's reputation; and (5) Changes in the petitioner's condition or circumstances relevant to the petition.

(1) The circumstances that led to the petitioner voluntarily seeking mental health treatment;

(2) The petitioner's certified mental health records;

(3) The petitioner's certified criminal history;

(4) The petitioner's reputation; and

(5) Changes in the petitioner's condition or circumstances relevant to the petition.

(f) The circuit court shall grant the petition if the circuit court finds by a preponderance of the evidence the following: (1) The petitioner is not likely to act in a manner that is dangerous to public safety; and (2) Granting the petition would not be contrary to the public interest.

(1) The petitioner is not likely to act in a manner that is dangerous to public safety; and

(2) Granting the petition would not be contrary to the public interest.

(g) The petitioner may appeal a final order denying the petition and the review on appeal shall be de novo.

(h) A person may file a petition under this section no more than one (1) time every two (2) years.

(i) When the circuit court issues an order granting a petition under this section, as soon as practicable but no later than thirty (30) days after issuance of the order, the circuit clerk shall forward a copy of the order to the Division of Arkansas State Police.

Amended by Act 2023, No. 30,§ 2, eff. 8/1/2023.

Added by Act 2019, No. 917,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 5-68-308 — AR Code / Title 5 / Chapter 68 / Subchapter 3 / Section 5-68-308
Defenses
Status: in_force

(a) No employee is liable to prosecution under this subchapter for promoting or possessing with intent to promote any obscene motion picture if the employee is acting within the scope of his or her regular employment. (b) (1) As used in subsection (a) of this section, "employee" means any person regularly employed by an owner or operator of a motion picture theater if the person: (A) Has no financial interest other than salary or wages in the ownership or operation of the motion picture theater; (B) Has no financial interest in or control over the selection of a motion picture shown in the theater; and (C) Is working within the motion picture theater where he or she is regularly employed. (2) However, "employee" does not include a manager of a motion picture theater. (c) No employee, director, or trustee of a bona fide museum, acting within the scope of his or her regular employment, is liable to prosecution for a violation of this subchapter for disseminating a writing, film, slide, drawing, or other visual reproduction that is claimed to be obscene. Amended by Act 2023, No. 372,§ 2, eff. 8/1/2023. Acts 1981 (Ex. Sess.), No. 28, § 8; A.S.A. 1947, § 41-3585.7.

(a) No employee is liable to prosecution under this subchapter for promoting or possessing with intent to promote any obscene motion picture if the employee is acting within the scope of his or her regular employment.

(b) (1) As used in subsection (a) of this section, "employee" means any person regularly employed by an owner or operator of a motion picture theater if the person: (A) Has no financial interest other than salary or wages in the ownership or operation of the motion picture theater; (B) Has no financial interest in or control over the selection of a motion picture shown in the theater; and (C) Is working within the motion picture theater where he or she is regularly employed. (2) However, "employee" does not include a manager of a motion picture theater.

(1) As used in subsection (a) of this section, "employee" means any person regularly employed by an owner or operator of a motion picture theater if the person: (A) Has no financial interest other than salary or wages in the ownership or operation of the motion picture theater; (B) Has no financial interest in or control over the selection of a motion picture shown in the theater; and (C) Is working within the motion picture theater where he or she is regularly employed.

(A) Has no financial interest other than salary or wages in the ownership or operation of the motion picture theater;

(B) Has no financial interest in or control over the selection of a motion picture shown in the theater; and

(C) Is working within the motion picture theater where he or she is regularly employed.

(2) However, "employee" does not include a manager of a motion picture theater.

(c) No employee, director, or trustee of a bona fide museum, acting within the scope of his or her regular employment, is liable to prosecution for a violation of this subchapter for disseminating a writing, film, slide, drawing, or other visual reproduction that is claimed to be obscene.

Amended by Act 2023, No. 372,§ 2, eff. 8/1/2023.

Acts 1981 (Ex. Sess.), No. 28, § 8; A.S.A. 1947, § 41-3585.7.
Ark. Code Ann. § 5-37-505 — AR Code / Title 5 / Chapter 37 / Subchapter 5 / Section 5-37-505
Insurance fraud by use of a procurer
Status: in_force

(a) As used in this section and § 5-37-506 : (1) (A) "Procurer" means a person or entity that for pecuniary benefit procures or attempts to procure a client, patient, or customer by directly contacting the client, patient, or customer in person, by telephone, or by electronic means at the direction of, request of, employment of, or in cooperation with a provider. (B) "Procurer" does not include a provider or a person that procures or attempts to procure a client, patient, or customer for a provider through public media or a person that refers a client, patient, or customer to a provider as otherwise authorized by law; (2) "Provider" means: (A) An attorney; (B) A healthcare provider; or (C) An employee of a provider; and (3) "Public media" means telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards, and mailed or electronically transmitted written or visual communications that do not involve in-person or direct contact with a specific prospective client, patient, or customer. (b) A person commits the offense of insurance fraud by use of a procurer if: (1) He or she is a procurer or provider; and (2) For the purpose of defrauding an insured person or an insurance carrier, he or she knowingly: (A) Falsely represents the services to be provided to an actual or prospective client, patient, or customer; (B) Makes a misrepresentation, including without limitation affiliation with an insurance company, a law enforcement agency, or a governing board of a healthcare provider while procuring or attempting to procure a client, patient, or customer; or (C) Uses, solicits, directs, hires, or employs another person to act as a procurer to falsely represent the services to be provided to an actual or prospective client, patient, or customer. (c) Insurance fraud by use of a procurer or provider is a Class D felony. Added by Act 2013, No. 513,§ 1, eff. 8/16/2013.

(a) As used in this section and § 5-37-506 : (1) (A) "Procurer" means a person or entity that for pecuniary benefit procures or attempts to procure a client, patient, or customer by directly contacting the client, patient, or customer in person, by telephone, or by electronic means at the direction of, request of, employment of, or in cooperation with a provider. (B) "Procurer" does not include a provider or a person that procures or attempts to procure a client, patient, or customer for a provider through public media or a person that refers a client, patient, or customer to a provider as otherwise authorized by law; (2) "Provider" means: (A) An attorney; (B) A healthcare provider; or (C) An employee of a provider; and (3) "Public media" means telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards, and mailed or electronically transmitted written or visual communications that do not involve in-person or direct contact with a specific prospective client, patient, or customer.

(1) (A) "Procurer" means a person or entity that for pecuniary benefit procures or attempts to procure a client, patient, or customer by directly contacting the client, patient, or customer in person, by telephone, or by electronic means at the direction of, request of, employment of, or in cooperation with a provider. (B) "Procurer" does not include a provider or a person that procures or attempts to procure a client, patient, or customer for a provider through public media or a person that refers a client, patient, or customer to a provider as otherwise authorized by law;

(A) "Procurer" means a person or entity that for pecuniary benefit procures or attempts to procure a client, patient, or customer by directly contacting the client, patient, or customer in person, by telephone, or by electronic means at the direction of, request of, employment of, or in cooperation with a provider.

(B) "Procurer" does not include a provider or a person that procures or attempts to procure a client, patient, or customer for a provider through public media or a person that refers a client, patient, or customer to a provider as otherwise authorized by law;

(2) "Provider" means: (A) An attorney; (B) A healthcare provider; or (C) An employee of a provider; and

(A) An attorney;

(B) A healthcare provider; or

(C) An employee of a provider; and

(3) "Public media" means telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards, and mailed or electronically transmitted written or visual communications that do not involve in-person or direct contact with a specific prospective client, patient, or customer.

(b) A person commits the offense of insurance fraud by use of a procurer if: (1) He or she is a procurer or provider; and (2) For the purpose of defrauding an insured person or an insurance carrier, he or she knowingly: (A) Falsely represents the services to be provided to an actual or prospective client, patient, or customer; (B) Makes a misrepresentation, including without limitation affiliation with an insurance company, a law enforcement agency, or a governing board of a healthcare provider while procuring or attempting to procure a client, patient, or customer; or (C) Uses, solicits, directs, hires, or employs another person to act as a procurer to falsely represent the services to be provided to an actual or prospective client, patient, or customer.

(1) He or she is a procurer or provider; and

(2) For the purpose of defrauding an insured person or an insurance carrier, he or she knowingly: (A) Falsely represents the services to be provided to an actual or prospective client, patient, or customer; (B) Makes a misrepresentation, including without limitation affiliation with an insurance company, a law enforcement agency, or a governing board of a healthcare provider while procuring or attempting to procure a client, patient, or customer; or (C) Uses, solicits, directs, hires, or employs another person to act as a procurer to falsely represent the services to be provided to an actual or prospective client, patient, or customer.

(A) Falsely represents the services to be provided to an actual or prospective client, patient, or customer;

(B) Makes a misrepresentation, including without limitation affiliation with an insurance company, a law enforcement agency, or a governing board of a healthcare provider while procuring or attempting to procure a client, patient, or customer; or

(C) Uses, solicits, directs, hires, or employs another person to act as a procurer to falsely represent the services to be provided to an actual or prospective client, patient, or customer.

(c) Insurance fraud by use of a procurer or provider is a Class D felony.

Added by Act 2013, No. 513,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-51-308 — AR Code / Title 5 / Chapter 51 / Subchapter 3 / Section 5-51-308
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1348,§ 9, eff. 8/16/2013. Acts 1941, No. 312, § 6; A.S.A. 1947, § 41-3963.

Repealed by Act 2013, No. 1348,§ 9, eff. 8/16/2013.

Acts 1941, No. 312, § 6; A.S.A. 1947, § 41-3963.
Ark. Code Ann. § 5-64-308-d-1 — AR Code / Title 5 / Chapter 64 / Subchapter 3 / Section 5-64-308-d-1
Arkansas Code of 1987 (2024) Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) Subchapter 3 - UNIFORM CONTROLLED SUBSTANCES ACT - REGULATION OF DISTRIBUTION (§§ 5-64-301 — 5-64-308) Section 5-64-308 - [See Note] Prescriptions - mandatory electronic prescribing
Status: in_force

(a) A prescription for a controlled substance included in Schedule III or Schedule IV shall not be filled or refilled more than six (6) months after the date of the prescription or be refilled more than five (5) times unless renewed by the practitioner. (b) A controlled substance included in Schedule V shall not be distributed or dispensed other than for a medical purpose. (c) Except as provided in subsection (d) of this section, a practitioner shall not issue a prescription for a controlled substance included in Schedule II through Schedule VI unless the prescription is made by electronic prescription from the practitioner issuing the prescription to a pharmacy. (d) A practitioner may issue a prescription for a controlled substance included in Schedule II through Schedule VI by written, oral, or faxed method if issued: (1) By: (A) A veterinarian; or (B) A practitioner: (i) To be dispensed by a pharmacy located outside of the state; (ii) For a controlled substances for which the United States Food and Drug Administration requires the prescription to contain certain elements that are not captured through electronic prescribing methods; (iii) For the dispensing of a nonpatient specific prescription under a standing order, approved protocol for drug therapy, collaborative drug management or comprehensive medication management, or in response to a public health emergency or other circumstances in which the practitioner may issue a nonpatient specific prescription; (iv) For a controlled substance under a research protocol; (v) (a) Who has received a waiver or a renewal of a waiver for a specified time period from the electronic prescription requirement due to economic hardship, technological limitations that are not reasonably within the control of the practitioner, or other exceptional circumstances demonstrated by the practitioner. (b) A practitioner who has received a waiver from the United States Department of Health and Human Services shall have a valid waiver in this state; or (vi) Under circumstances in which the practitioner reasonably determines that obtaining the controlled substances in a timely manner is impractical through electronic prescription and the delay would adversely impact the medical condition of the patient; (2) In circumstances in which electronic prescribing is not available due to temporary technological or electrical failure; or (3) When the practitioner and the dispenser are the same entity. (e) (1) A pharmacist or pharmacy that receives a written, oral, or faxed prescription for a controlled substance included in Schedule I through Schedule VI is not required to verify that the prescription properly falls under one (1) of the exceptions listed in subsection (d) of this section. (2) A pharmacist may continue to dispense a controlled substance from an otherwise valid written, oral, or faxed prescription that is consistent with state law or rules or federal law and regulations. (f) In addition to other penalties available under this chapter, a licensing board of a practitioner may impose a civil penalty of two hundred fifty dollars ($250) per violation of this section. (g) This section does not apply to prescriptions written by a prescriber employed by or working under a professional services contract for the Department of Correction or the Department of Community Corrections. Amended by Act 2019, No. 447,§ 1, eff. 7/24/2019the later of: 1/1/2021; or the certification by the Attorney General that the United States Department of Health and Human Services requires mandatory electronic prescribing. Amended by Act 2013, No. 1331,§ 1, eff. 8/16/2013. Acts 1971, No. 590, Art. 3, § 2; A.S.A. 1947, § 82-2616. This section is set out more than once due to postponed, multiple, or conflicting amendments.

(a) A prescription for a controlled substance included in Schedule III or Schedule IV shall not be filled or refilled more than six (6) months after the date of the prescription or be refilled more than five (5) times unless renewed by the practitioner.

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

(c) Except as provided in subsection (d) of this section, a practitioner shall not issue a prescription for a controlled substance included in Schedule II through Schedule VI unless the prescription is made by electronic prescription from the practitioner issuing the prescription to a pharmacy.

(d) A practitioner may issue a prescription for a controlled substance included in Schedule II through Schedule VI by written, oral, or faxed method if issued: (1) By: (A) A veterinarian; or (B) A practitioner: (i) To be dispensed by a pharmacy located outside of the state; (ii) For a controlled substances for which the United States Food and Drug Administration requires the prescription to contain certain elements that are not captured through electronic prescribing methods; (iii) For the dispensing of a nonpatient specific prescription under a standing order, approved protocol for drug therapy, collaborative drug management or comprehensive medication management, or in response to a public health emergency or other circumstances in which the practitioner may issue a nonpatient specific prescription; (iv) For a controlled substance under a research protocol; (v) (a) Who has received a waiver or a renewal of a waiver for a specified time period from the electronic prescription requirement due to economic hardship, technological limitations that are not reasonably within the control of the practitioner, or other exceptional circumstances demonstrated by the practitioner. (b) A practitioner who has received a waiver from the United States Department of Health and Human Services shall have a valid waiver in this state; or (vi) Under circumstances in which the practitioner reasonably determines that obtaining the controlled substances in a timely manner is impractical through electronic prescription and the delay would adversely impact the medical condition of the patient; (2) In circumstances in which electronic prescribing is not available due to temporary technological or electrical failure; or (3) When the practitioner and the dispenser are the same entity.

(1) By: (A) A veterinarian; or (B) A practitioner: (i) To be dispensed by a pharmacy located outside of the state; (ii) For a controlled substances for which the United States Food and Drug Administration requires the prescription to contain certain elements that are not captured through electronic prescribing methods; (iii) For the dispensing of a nonpatient specific prescription under a standing order, approved protocol for drug therapy, collaborative drug management or comprehensive medication management, or in response to a public health emergency or other circumstances in which the practitioner may issue a nonpatient specific prescription; (iv) For a controlled substance under a research protocol; (v) (a) Who has received a waiver or a renewal of a waiver for a specified time period from the electronic prescription requirement due to economic hardship, technological limitations that are not reasonably within the control of the practitioner, or other exceptional circumstances demonstrated by the practitioner. (b) A practitioner who has received a waiver from the United States Department of Health and Human Services shall have a valid waiver in this state; or (vi) Under circumstances in which the practitioner reasonably determines that obtaining the controlled substances in a timely manner is impractical through electronic prescription and the delay would adversely impact the medical condition of the patient;

(A) A veterinarian; or

(B) A practitioner: (i) To be dispensed by a pharmacy located outside of the state; (ii) For a controlled substances for which the United States Food and Drug Administration requires the prescription to contain certain elements that are not captured through electronic prescribing methods; (iii) For the dispensing of a nonpatient specific prescription under a standing order, approved protocol for drug therapy, collaborative drug management or comprehensive medication management, or in response to a public health emergency or other circumstances in which the practitioner may issue a nonpatient specific prescription; (iv) For a controlled substance under a research protocol; (v) (a) Who has received a waiver or a renewal of a waiver for a specified time period from the electronic prescription requirement due to economic hardship, technological limitations that are not reasonably within the control of the practitioner, or other exceptional circumstances demonstrated by the practitioner. (b) A practitioner who has received a waiver from the United States Department of Health and Human Services shall have a valid waiver in this state; or (vi) Under circumstances in which the practitioner reasonably determines that obtaining the controlled substances in a timely manner is impractical through electronic prescription and the delay would adversely impact the medical condition of the patient;

(i) To be dispensed by a pharmacy located outside of the state;

(ii) For a controlled substances for which the United States Food and Drug Administration requires the prescription to contain certain elements that are not captured through electronic prescribing methods;

(iii) For the dispensing of a nonpatient specific prescription under a standing order, approved protocol for drug therapy, collaborative drug management or comprehensive medication management, or in response to a public health emergency or other circumstances in which the practitioner may issue a nonpatient specific prescription;

(iv) For a controlled substance under a research protocol;

(v) (a) Who has received a waiver or a renewal of a waiver for a specified time period from the electronic prescription requirement due to economic hardship, technological limitations that are not reasonably within the control of the practitioner, or other exceptional circumstances demonstrated by the practitioner. (b) A practitioner who has received a waiver from the United States Department of Health and Human Services shall have a valid waiver in this state; or

(a) Who has received a waiver or a renewal of a waiver for a specified time period from the electronic prescription requirement due to economic hardship, technological limitations that are not reasonably within the control of the practitioner, or other exceptional circumstances demonstrated by the practitioner.

(b) A practitioner who has received a waiver from the United States Department of Health and Human Services shall have a valid waiver in this state; or

(vi) Under circumstances in which the practitioner reasonably determines that obtaining the controlled substances in a timely manner is impractical through electronic prescription and the delay would adversely impact the medical condition of the patient;

(2) In circumstances in which electronic prescribing is not available due to temporary technological or electrical failure; or

(3) When the practitioner and the dispenser are the same entity.

(e) (1) A pharmacist or pharmacy that receives a written, oral, or faxed prescription for a controlled substance included in Schedule I through Schedule VI is not required to verify that the prescription properly falls under one (1) of the exceptions listed in subsection (d) of this section. (2) A pharmacist may continue to dispense a controlled substance from an otherwise valid written, oral, or faxed prescription that is consistent with state law or rules or federal law and regulations.

(1) A pharmacist or pharmacy that receives a written, oral, or faxed prescription for a controlled substance included in Schedule I through Schedule VI is not required to verify that the prescription properly falls under one (1) of the exceptions listed in subsection (d) of this section.

(2) A pharmacist may continue to dispense a controlled substance from an otherwise valid written, oral, or faxed prescription that is consistent with state law or rules or federal law and regulations.

(f) In addition to other penalties available under this chapter, a licensing board of a practitioner may impose a civil penalty of two hundred fifty dollars ($250) per violation of this section.

(g) This section does not apply to prescriptions written by a prescriber employed by or working under a professional services contract for the Department of Correction or the Department of Community Corrections.

Amended by Act 2019, No. 447,§ 1, eff. 7/24/2019the later of: 1/1/2021; or the certification by the Attorney General that the United States Department of Health and Human Services requires mandatory electronic prescribing.

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

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

This section is set out more than once due to postponed, multiple, or conflicting amendments.
Ark. Code Ann. § 5-37-218 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-218
Stolen valor
Status: in_force

(a) As used in this section, "United States Armed Forces" means: (1) Any branch or reserve component of the United States Armed Forces; and (2) The National Guard of any state. (b) A person commits the offense of stolen valor if, with the purpose to obtain property, a service, or a benefit, he or she knowingly misrepresents himself or herself: (1) By the use of false military identification, including without limitation a: (A) United States Department of Defense identification card; (B) Military veteran's Certificate of Release or Discharge from Active Duty, generally referred to as a "DD Form 214"; or (C) United States Department of Veterans Affairs identification card; (2) To be an active member or veteran of the United States Armed Forces; (3) To be a recipient of a military decoration, medal, or badge; (4) To be a holder of an awarded qualification or military occupational specialty, including without limitation the following designations: (A) Aircraft pilot, navigator, or crew member; (B) United States Navy SEAL or diver; (C) United States Army Ranger; (D) United States Special Forces member; (E) Parachutist Badge; or (F) Explosive Ordnance Disposal Technician; (5) To be a recipient of the: (A) Medal of Honor; (B) Distinguished Service Cross; (C) Navy Cross; (D) Air Force Cross; (E) Silver Star Medal; (F) Purple Heart; (G) Combat Infantryman Badge; (H) Combat Action Badge; (I) Combat Medical Badge; (J) Combat Action Ribbon; or (K) Air Force Combat Action Medal; or (6) To have been a prisoner of war. (c) Stolen valor is a: (1) Class B misdemeanor for a second or subsequent violation or for a violation under subdivision (b)(5) of this section; or (2) Class C misdemeanor if otherwise committed. (d) The fines collected under this section by the municipality or county where the offense occurred shall be distributed to the Department of Veterans Affairs to be used to maintain and operate the veterans' homes established under § 20-81-105 . Added by Act 2017, No. 907,§ 1, eff. 8/1/2017.

(a) As used in this section, "United States Armed Forces" means: (1) Any branch or reserve component of the United States Armed Forces; and (2) The National Guard of any state.

(1) Any branch or reserve component of the United States Armed Forces; and

(2) The National Guard of any state.

(b) A person commits the offense of stolen valor if, with the purpose to obtain property, a service, or a benefit, he or she knowingly misrepresents himself or herself: (1) By the use of false military identification, including without limitation a: (A) United States Department of Defense identification card; (B) Military veteran's Certificate of Release or Discharge from Active Duty, generally referred to as a "DD Form 214"; or (C) United States Department of Veterans Affairs identification card; (2) To be an active member or veteran of the United States Armed Forces; (3) To be a recipient of a military decoration, medal, or badge; (4) To be a holder of an awarded qualification or military occupational specialty, including without limitation the following designations: (A) Aircraft pilot, navigator, or crew member; (B) United States Navy SEAL or diver; (C) United States Army Ranger; (D) United States Special Forces member; (E) Parachutist Badge; or (F) Explosive Ordnance Disposal Technician; (5) To be a recipient of the: (A) Medal of Honor; (B) Distinguished Service Cross; (C) Navy Cross; (D) Air Force Cross; (E) Silver Star Medal; (F) Purple Heart; (G) Combat Infantryman Badge; (H) Combat Action Badge; (I) Combat Medical Badge; (J) Combat Action Ribbon; or (K) Air Force Combat Action Medal; or (6) To have been a prisoner of war.

(1) By the use of false military identification, including without limitation a: (A) United States Department of Defense identification card; (B) Military veteran's Certificate of Release or Discharge from Active Duty, generally referred to as a "DD Form 214"; or (C) United States Department of Veterans Affairs identification card;

(A) United States Department of Defense identification card;

(B) Military veteran's Certificate of Release or Discharge from Active Duty, generally referred to as a "DD Form 214"; or

(C) United States Department of Veterans Affairs identification card;

(2) To be an active member or veteran of the United States Armed Forces;

(3) To be a recipient of a military decoration, medal, or badge;

(4) To be a holder of an awarded qualification or military occupational specialty, including without limitation the following designations: (A) Aircraft pilot, navigator, or crew member; (B) United States Navy SEAL or diver; (C) United States Army Ranger; (D) United States Special Forces member; (E) Parachutist Badge; or (F) Explosive Ordnance Disposal Technician;

(A) Aircraft pilot, navigator, or crew member;

(B) United States Navy SEAL or diver;

(C) United States Army Ranger;

(D) United States Special Forces member;

(E) Parachutist Badge; or

(F) Explosive Ordnance Disposal Technician;

(5) To be a recipient of the: (A) Medal of Honor; (B) Distinguished Service Cross; (C) Navy Cross; (D) Air Force Cross; (E) Silver Star Medal; (F) Purple Heart; (G) Combat Infantryman Badge; (H) Combat Action Badge; (I) Combat Medical Badge; (J) Combat Action Ribbon; or (K) Air Force Combat Action Medal; or

(A) Medal of Honor;

(B) Distinguished Service Cross;

(C) Navy Cross;

(D) Air Force Cross;

(E) Silver Star Medal;

(F) Purple Heart;

(G) Combat Infantryman Badge;

(H) Combat Action Badge;

(I) Combat Medical Badge;

(J) Combat Action Ribbon; or

(K) Air Force Combat Action Medal; or

(6) To have been a prisoner of war.

(c) Stolen valor is a: (1) Class B misdemeanor for a second or subsequent violation or for a violation under subdivision (b)(5) of this section; or (2) Class C misdemeanor if otherwise committed.

(1) Class B misdemeanor for a second or subsequent violation or for a violation under subdivision (b)(5) of this section; or

(2) Class C misdemeanor if otherwise committed.

(d) The fines collected under this section by the municipality or county where the offense occurred shall be distributed to the Department of Veterans Affairs to be used to maintain and operate the veterans' homes established under § 20-81-105 .

Added by Act 2017, No. 907,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 5-26-310 — AR Code / Title 5 / Chapter 26 / Subchapter 3 / Section 5-26-310
Costs
Status: in_force

(a) The abused in any misdemeanor or felony domestic violence offense shall not bear the costs associated with the filing of a criminal charge against the domestic violence offender or the costs associated with the issuance or service of a warrant and witness subpoena, except as provided in subsection (b) of this section. (b) Nothing in this section shall be construed to prohibit a judge from assessing costs if an allegation of abuse is determined to be false. (c) (1) Upon entering a plea of guilty or nolo contendere or being found guilty, a defendant violating §§ 5-26-303 - 5-26-305 or §§ 5-26-307 - 5-26-309 may be required to reimburse any abuse shelter or other entity providing a service to the victim under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., if some proof of expense is provided in conjunction with the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq. (2) (A) If the defendant maintains the home in which the abuse occurred and the victim will continue to incur lodging costs, the defendant may be ordered to continue to provide remuneration for the victim's lodging under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., until an action is commenced in a court of competent jurisdiction. (B) Nothing in this section conflicts with or preempts any order of a judge in a divorce, custody, separate maintenance, or other related action to dissolve a marriage. (d) Nothing in this section conflicts with or preempts a provision of § 16-90-703 . Acts 1995, No. 401, § 1; 2003, No. 1770, § 1.

(a) The abused in any misdemeanor or felony domestic violence offense shall not bear the costs associated with the filing of a criminal charge against the domestic violence offender or the costs associated with the issuance or service of a warrant and witness subpoena, except as provided in subsection (b) of this section.

(b) Nothing in this section shall be construed to prohibit a judge from assessing costs if an allegation of abuse is determined to be false.

(c) (1) Upon entering a plea of guilty or nolo contendere or being found guilty, a defendant violating §§ 5-26-303 - 5-26-305 or §§ 5-26-307 - 5-26-309 may be required to reimburse any abuse shelter or other entity providing a service to the victim under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., if some proof of expense is provided in conjunction with the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq. (2) (A) If the defendant maintains the home in which the abuse occurred and the victim will continue to incur lodging costs, the defendant may be ordered to continue to provide remuneration for the victim's lodging under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., until an action is commenced in a court of competent jurisdiction. (B) Nothing in this section conflicts with or preempts any order of a judge in a divorce, custody, separate maintenance, or other related action to dissolve a marriage.

(1) Upon entering a plea of guilty or nolo contendere or being found guilty, a defendant violating §§ 5-26-303 - 5-26-305 or §§ 5-26-307 - 5-26-309 may be required to reimburse any abuse shelter or other entity providing a service to the victim under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., if some proof of expense is provided in conjunction with the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq.

(2) (A) If the defendant maintains the home in which the abuse occurred and the victim will continue to incur lodging costs, the defendant may be ordered to continue to provide remuneration for the victim's lodging under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., until an action is commenced in a court of competent jurisdiction. (B) Nothing in this section conflicts with or preempts any order of a judge in a divorce, custody, separate maintenance, or other related action to dissolve a marriage.

(A) If the defendant maintains the home in which the abuse occurred and the victim will continue to incur lodging costs, the defendant may be ordered to continue to provide remuneration for the victim's lodging under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., until an action is commenced in a court of competent jurisdiction.

(B) Nothing in this section conflicts with or preempts any order of a judge in a divorce, custody, separate maintenance, or other related action to dissolve a marriage.

(d) Nothing in this section conflicts with or preempts a provision of § 16-90-703 .

Acts 1995, No. 401, § 1; 2003, No. 1770, § 1.
Ark. Code Ann. § 5-71-219 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-219
Unlawful use and transport of medical marijuana
Status: in_force

(a) As used in this section: (1) "Cultivation facility" means the same as defined in the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98; (2) "Dispensary" means the same as defined in the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98; (3) "Medical marijuana" means marijuana lawfully possessed, transported, or used for a medical use under state law; and (4) "Medical use" means the same as defined in the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98. (b) It is unlawful for a person to knowingly: (1) Use medical marijuana through inhalation in a place prohibited under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98; (2) Transport medical marijuana in an amount greater than five ounces (5 oz.) unless the person is a licensed transporter, is employed by a cultivation facility or dispensary licensed by the Medical Marijuana Commission, and is in possession of a valid registration identification card issued by the Alcoholic Beverage Control Division; or (3) Transport medical marijuana from another state into Arkansas. (c) A violation of this section is a Class C misdemeanor. Added by Act 2021, No. 1062,§ 1, eff. 7/28/2021.

(a) As used in this section: (1) "Cultivation facility" means the same as defined in the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98; (2) "Dispensary" means the same as defined in the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98; (3) "Medical marijuana" means marijuana lawfully possessed, transported, or used for a medical use under state law; and (4) "Medical use" means the same as defined in the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98.

(1) "Cultivation facility" means the same as defined in the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98;

(2) "Dispensary" means the same as defined in the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98;

(3) "Medical marijuana" means marijuana lawfully possessed, transported, or used for a medical use under state law; and

(4) "Medical use" means the same as defined in the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98.

(b) It is unlawful for a person to knowingly: (1) Use medical marijuana through inhalation in a place prohibited under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98; (2) Transport medical marijuana in an amount greater than five ounces (5 oz.) unless the person is a licensed transporter, is employed by a cultivation facility or dispensary licensed by the Medical Marijuana Commission, and is in possession of a valid registration identification card issued by the Alcoholic Beverage Control Division; or (3) Transport medical marijuana from another state into Arkansas.

(1) Use medical marijuana through inhalation in a place prohibited under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98;

(2) Transport medical marijuana in an amount greater than five ounces (5 oz.) unless the person is a licensed transporter, is employed by a cultivation facility or dispensary licensed by the Medical Marijuana Commission, and is in possession of a valid registration identification card issued by the Alcoholic Beverage Control Division; or

(3) Transport medical marijuana from another state into Arkansas.

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

Added by Act 2021, No. 1062,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 5-65-111 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-111
Sentencing - Periods of incarceration - Exception
Status: in_force

(a) (1) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a first offense upon conviction is guilty of an unclassified misdemeanor and may be imprisoned for not less than: (A) Twenty-four (24) hours but no more than one (1) year; or (B) Seven (7) days but no more than one (1) year if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense. (2) The court may order public service instead of imprisonment and, if the court orders public service, the court shall include the reasons for the order of public service instead of imprisonment in the court's written order or judgment. (b) (1) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a second offense occurring within ten (10) years of the first offense upon conviction is guilty of an unclassified misdemeanor and may be imprisoned for not less than: (A) Seven (7) days but no more than one (1) year; or (B) Thirty (30) days but no more than one (1) year if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense. (2) The court may order public service instead of imprisonment in the following manner, and if the court orders public service, the court shall include the reasons for the order of public service instead of imprisonment in its written order or judgment: (A) Not less than thirty (30) days; or (B) Not less than sixty (60) days if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense. (c) (1) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a third offense occurring within ten (10) years of the first offense upon conviction is guilty of an unclassified misdemeanor and may be imprisoned for not less than: (A) Ninety (90) days but no more than one (1) year; or (B) One hundred twenty (120) days but no more than one (1) year if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense. (2) The court may order public service instead of imprisonment in the following manner, and if the court orders public service, the court shall include the reasons for the order of public service instead of imprisonment in its written order or judgment: (A) Not less than ninety (90) days; or (B) Not less than one hundred twenty (120) days if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense. (d) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a fourth offense occurring within ten (10) years of the first offense upon conviction is guilty of an unclassified felony and may be imprisoned for not less than: (1) One (1) year but no more than six (6) years; or (2) Two (2) years but no more than six (6) years if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense. (e) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a fifth or subsequent offense occurring within ten (10) years of the first offense upon conviction is guilty of an unclassified felony and may be imprisoned for no fewer than: (1) Two (2) years but no more than ten (10) years; or (2) Three (3) years but no more than ten (10) years if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense. (f) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a sixth or subsequent offense occurring within twenty (20) years of the first offense upon conviction is guilty of a Class B felony. (g) A certified judgment of conviction of driving or boating while intoxicated or other equivalent offense from another state or jurisdiction may be used to enhance the penalties as a previous offense under this section. (h) For any arrest or offense occurring before July 28, 2021, that has not reached a final disposition as to judgment in court, the offense shall be decided under the law in effect at the time the offense occurred, and the defendant is subject to the penalty provisions in effect at that time and not under the provisions of this section. (i) It is an affirmative defense to prosecution under subdivisions (a)(1)(B), (b)(1)(B), (c)(1)(B), (d)(2), and (e)(2) of this section that the person operating or in actual physical control of the motor vehicle or motorboat was not more than two (2) years older than the passenger. (j) (1) A prior conviction for § 5-10-105(a)(1)(A) or § 5-10-105(a)(1)(B) is considered a previous offense for purposes of this section. (2) A prior conviction under former § 5-76-102 is considered a previous offense for purposes of this section only if the current offense is operating a motorboat on the waters of this state while intoxicated. Amended by Act 2021, No. 274,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 1032,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 333,§ 4, eff. 8/1/2017. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Amended by Act 2013, No. 1268,§ 1, eff. 8/16/2013. Acts 1983, No. 549, § 4; A.S.A. 1947, § 75-2504; Acts 1997, No. 1236, § 1; 1999, No. 1077, § 11; 2001, No. 1206, § 1; 2003, No. 1461, §§ 1, 2; 2009, No. 650, § 3.

(a) (1) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a first offense upon conviction is guilty of an unclassified misdemeanor and may be imprisoned for not less than: (A) Twenty-four (24) hours but no more than one (1) year; or (B) Seven (7) days but no more than one (1) year if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense. (2) The court may order public service instead of imprisonment and, if the court orders public service, the court shall include the reasons for the order of public service instead of imprisonment in the court's written order or judgment.

(1) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a first offense upon conviction is guilty of an unclassified misdemeanor and may be imprisoned for not less than: (A) Twenty-four (24) hours but no more than one (1) year; or (B) Seven (7) days but no more than one (1) year if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.

(A) Twenty-four (24) hours but no more than one (1) year; or

(B) Seven (7) days but no more than one (1) year if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.

(2) The court may order public service instead of imprisonment and, if the court orders public service, the court shall include the reasons for the order of public service instead of imprisonment in the court's written order or judgment.

(b) (1) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a second offense occurring within ten (10) years of the first offense upon conviction is guilty of an unclassified misdemeanor and may be imprisoned for not less than: (A) Seven (7) days but no more than one (1) year; or (B) Thirty (30) days but no more than one (1) year if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense. (2) The court may order public service instead of imprisonment in the following manner, and if the court orders public service, the court shall include the reasons for the order of public service instead of imprisonment in its written order or judgment: (A) Not less than thirty (30) days; or (B) Not less than sixty (60) days if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.

(1) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a second offense occurring within ten (10) years of the first offense upon conviction is guilty of an unclassified misdemeanor and may be imprisoned for not less than: (A) Seven (7) days but no more than one (1) year; or (B) Thirty (30) days but no more than one (1) year if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.

(A) Seven (7) days but no more than one (1) year; or

(B) Thirty (30) days but no more than one (1) year if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.

(2) The court may order public service instead of imprisonment in the following manner, and if the court orders public service, the court shall include the reasons for the order of public service instead of imprisonment in its written order or judgment: (A) Not less than thirty (30) days; or (B) Not less than sixty (60) days if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.

(A) Not less than thirty (30) days; or

(B) Not less than sixty (60) days if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.

(c) (1) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a third offense occurring within ten (10) years of the first offense upon conviction is guilty of an unclassified misdemeanor and may be imprisoned for not less than: (A) Ninety (90) days but no more than one (1) year; or (B) One hundred twenty (120) days but no more than one (1) year if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense. (2) The court may order public service instead of imprisonment in the following manner, and if the court orders public service, the court shall include the reasons for the order of public service instead of imprisonment in its written order or judgment: (A) Not less than ninety (90) days; or (B) Not less than one hundred twenty (120) days if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.

(1) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a third offense occurring within ten (10) years of the first offense upon conviction is guilty of an unclassified misdemeanor and may be imprisoned for not less than: (A) Ninety (90) days but no more than one (1) year; or (B) One hundred twenty (120) days but no more than one (1) year if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.

(A) Ninety (90) days but no more than one (1) year; or

(B) One hundred twenty (120) days but no more than one (1) year if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.

(2) The court may order public service instead of imprisonment in the following manner, and if the court orders public service, the court shall include the reasons for the order of public service instead of imprisonment in its written order or judgment: (A) Not less than ninety (90) days; or (B) Not less than one hundred twenty (120) days if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.

(A) Not less than ninety (90) days; or

(B) Not less than one hundred twenty (120) days if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.

(d) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a fourth offense occurring within ten (10) years of the first offense upon conviction is guilty of an unclassified felony and may be imprisoned for not less than: (1) One (1) year but no more than six (6) years; or (2) Two (2) years but no more than six (6) years if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.

(1) One (1) year but no more than six (6) years; or

(2) Two (2) years but no more than six (6) years if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.

(e) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a fifth or subsequent offense occurring within ten (10) years of the first offense upon conviction is guilty of an unclassified felony and may be imprisoned for no fewer than: (1) Two (2) years but no more than ten (10) years; or (2) Three (3) years but no more than ten (10) years if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.

(1) Two (2) years but no more than ten (10) years; or

(2) Three (3) years but no more than ten (10) years if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.

(f) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a sixth or subsequent offense occurring within twenty (20) years of the first offense upon conviction is guilty of a Class B felony.

(g) A certified judgment of conviction of driving or boating while intoxicated or other equivalent offense from another state or jurisdiction may be used to enhance the penalties as a previous offense under this section.

(h) For any arrest or offense occurring before July 28, 2021, that has not reached a final disposition as to judgment in court, the offense shall be decided under the law in effect at the time the offense occurred, and the defendant is subject to the penalty provisions in effect at that time and not under the provisions of this section.

(i) It is an affirmative defense to prosecution under subdivisions (a)(1)(B), (b)(1)(B), (c)(1)(B), (d)(2), and (e)(2) of this section that the person operating or in actual physical control of the motor vehicle or motorboat was not more than two (2) years older than the passenger.

(j) (1) A prior conviction for § 5-10-105(a)(1)(A) or § 5-10-105(a)(1)(B) is considered a previous offense for purposes of this section. (2) A prior conviction under former § 5-76-102 is considered a previous offense for purposes of this section only if the current offense is operating a motorboat on the waters of this state while intoxicated.

(1) A prior conviction for § 5-10-105(a)(1)(A) or § 5-10-105(a)(1)(B) is considered a previous offense for purposes of this section.

(2) A prior conviction under former § 5-76-102 is considered a previous offense for purposes of this section only if the current offense is operating a motorboat on the waters of this state while intoxicated.

Amended by Act 2021, No. 274,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 1032,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 333,§ 4, eff. 8/1/2017.

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

Amended by Act 2013, No. 1268,§ 1, eff. 8/16/2013.

Acts 1983, No. 549, § 4; A.S.A. 1947, § 75-2504; Acts 1997, No. 1236, § 1; 1999, No. 1077, § 11; 2001, No. 1206, § 1; 2003, No. 1461, §§ 1, 2; 2009, No. 650, § 3.
Ark. Code Ann. § 5-67-102 — AR Code / Title 5 / Chapter 67 / Section 5-67-102
False or misleading signs
Status: in_force

(a) It is unlawful for any person, firm, or corporation to erect or cause to be erected or maintained on or within one hundred yards (100 yds.) of the right-of-way of any state highway any sign or billboard that has printed, painted, or otherwise placed on the sign or billboard words or figures: (1) Calculated to cause the traveling public of this state or tourists from other states to abandon the state highway and travel any public road to any town, city, or destination in this state unless the sign or billboard is erected and maintained by and with the consent and approval of the State Highway Commission; or (2) That give to the traveling public any false or misleading information pertaining to the highways of this state. (b) Any person, firm, or corporation violating a provision of this section is guilty of a violation and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100). (c) The commission shall remove and destroy any signboard within one hundred yards (100 yds.) of the right-of-way of any state highway that gives to the traveling public any false or misleading information pertaining to the highways of this state. Acts 1925, No. 135, §§ 1-4; Pope's Dig., §§ 3660-3663; A.S.A. 1947, §§ 41-3351 -- 41-3354; Acts 2005, No. 1994, § 54; Acts 2007, No. 827, § 88.

(a) It is unlawful for any person, firm, or corporation to erect or cause to be erected or maintained on or within one hundred yards (100 yds.) of the right-of-way of any state highway any sign or billboard that has printed, painted, or otherwise placed on the sign or billboard words or figures: (1) Calculated to cause the traveling public of this state or tourists from other states to abandon the state highway and travel any public road to any town, city, or destination in this state unless the sign or billboard is erected and maintained by and with the consent and approval of the State Highway Commission; or (2) That give to the traveling public any false or misleading information pertaining to the highways of this state.

(1) Calculated to cause the traveling public of this state or tourists from other states to abandon the state highway and travel any public road to any town, city, or destination in this state unless the sign or billboard is erected and maintained by and with the consent and approval of the State Highway Commission; or

(2) That give to the traveling public any false or misleading information pertaining to the highways of this state.

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

(c) The commission shall remove and destroy any signboard within one hundred yards (100 yds.) of the right-of-way of any state highway that gives to the traveling public any false or misleading information pertaining to the highways of this state.

Acts 1925, No. 135, §§ 1-4; Pope's Dig., §§ 3660-3663; A.S.A. 1947, §§ 41-3351 -- 41-3354; Acts 2005, No. 1994, § 54; Acts 2007, No. 827, § 88.
Ark. Code Ann. § 5-62-106 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-106
Disposition of animal
Status: in_force

(a) (1) Unless otherwise ordered by a court, for purposes of this subchapter, an animal that has been seized by a law enforcement officer or animal control officer under this subchapter shall remain at the appropriate place of custody for a period of at least fifteen (15) consecutive days, including weekends and holidays, after written notice is received by the owner. (2) The written notice shall: (A) Be left at the last known address of the owner; and (B) Contain a description of the animal seized, the date seized, the name and contact information of the law enforcement or animal control officer seizing the animal, the location of the animal, and the reason for the seizure. (3) If the owner of the animal cannot be determined, a written notice regarding the seizure of the animal shall be conspicuously posted where the animal is seized at the time the seizure occurs if practicable and a notice shall be published in a local newspaper of general circulation in the jurisdiction where the animal was seized at least two (2) times each week for two (2) consecutive weeks, with the first notice published within three (3) days of the seizure, and no less than at least five (5) days before a hearing conducted under this section. (4) (A) After written notice is received by the owner or published under subdivision (a)(3) of this section, the owner within fifteen (15) business days may petition the district court having jurisdiction where the animal was seized to determine the custody of the animal. (B) If a petition is not filed by the owner within the time period prescribed by this section, the prosecuting attorney shall file a petition in the district court to divest the owner of ownership of the animal and, after a hearing, the district court may order the animal transferred to an appropriate place of custody, euthanized, or any other disposition the district court deems appropriate. (b) (1) (A) When an owner files a petition under subsection (a) of this section and the district court determines that the owner shall be divested of custody of the animal, the district court shall order the owner of the animal to post a bond with the district court in an amount the district court determines is sufficient to care for the animal for at least thirty (30) days. (B) The bond shall not prevent the appropriate place of custody from disposing of the animal at the end of the thirty-day period covered by the bond, unless a person claiming an interest in the animal posts a new bond for an amount determined by the court for an additional thirty-day period. (2) (A) If a petition has been filed by the owner of an animal or the prosecuting attorney under subsection (a) of this section, a person claiming an interest in an animal seized may prevent disposition of the animal as provided in subsection (a) of this section by posting a bond with the district court in an amount the district court determines is sufficient to care for the animal for at least thirty (30) days. (B) If a person who claims an interest in the animal has not posted bond in accordance with subdivision (b)(2)(A) of this section, the district court shall determine final disposition of the animal in accordance with reasonable practices for the humane treatment of animals. (c) (1) A diseased or injured animal: (A) Seized under this section may be appropriately treated for injury or disease without a court order; and (B) Is subject to being euthanized without a court order when it is determined by a licensed veterinarian that euthanizing is necessary to prevent the suffering of the animal. (2) (A) Except as provided in subdivision (c)(1) of this section, an appropriate place of custody shall not alter or modify an animal in any manner, including without limitation the neutering, spaying, or castration of the animal, without: (i) A written court order that is issued after a petition is filed by the prosecuting attorney requesting alteration or modification and a hearing involving all interested parties as set forth in subsection (a) of this section; or (ii) The written consent of the owner. (B) A violation of this subsection is a Class B misdemeanor. (d) (1) If a person pleads guilty or nolo contendere to or is found guilty of either the offense of cruelty to animals, § 5-62-103 , or the offense of aggravated cruelty to a dog, cat, or equine, § 5-62-104 , and if that person is also the owner of the animal subject to the offense, the court shall divest the person of ownership of the animal, and the court shall either: (A) Order the animal given to an appropriate place of custody; (B) Order the animal euthanized if the court decides that the best interests of the animal or that the public health and safety would be best served by euthanizing the animal based on the sworn testimony of a licensed veterinarian or animal control officer; or (C) Make any other disposition the court deems appropriate. (2) If a person pleads guilty or nolo contendere to or is found guilty of either the offense of cruelty to animals, § 5-62-103 , or the offense of aggravated cruelty to a dog, cat, or equine, § 5-62-104 , and the person is not the owner of the animal subject to the offense, the court shall order that the animal be returned to the owner, if practicable, or, if not practicable, the court shall either: (A) Order the animal given to an appropriate place of custody; (B) Order the animal euthanized if the court decides that the best interests of the animal or that the public health and safety would be best served by euthanizing the animal based on the sworn testimony of a licensed veterinarian or animal control officer; or (C) Make any other disposition the court deems appropriate. (e) The court shall order an animal seized under this section returned to the owner if the owner: (1) Filed a petition under subsection (a) of this section; (2) Paid all reasonable expenses incurred in caring for the animal; and (3) Is found not guilty of the offense of cruelty to animals, § 5-62-103 , or the offense of aggravated cruelty to a dog, cat, or equine, § 5-62-104 , or the proceedings against the owner have otherwise terminated. (f) An owner of an animal that has been seized under this subchapter shall be responsible only for reasonable expenses that were incurred for the care of the animal while the animal was in the appropriate place of custody. (g) This section does not prohibit the return of an animal to the rightful owner if the rightful owner is located outside the state and the prosecuting attorney has decided not to charge the rightful owner with an offense under this subchapter. Amended by Act 2017, No. 389,§ 4, eff. 8/1/2017. Amended by Act 2013, No. 1175,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 1160,§ 1, eff. 8/16/2013. Acts 2009, No. 33, § 3.

(a) (1) Unless otherwise ordered by a court, for purposes of this subchapter, an animal that has been seized by a law enforcement officer or animal control officer under this subchapter shall remain at the appropriate place of custody for a period of at least fifteen (15) consecutive days, including weekends and holidays, after written notice is received by the owner. (2) The written notice shall: (A) Be left at the last known address of the owner; and (B) Contain a description of the animal seized, the date seized, the name and contact information of the law enforcement or animal control officer seizing the animal, the location of the animal, and the reason for the seizure. (3) If the owner of the animal cannot be determined, a written notice regarding the seizure of the animal shall be conspicuously posted where the animal is seized at the time the seizure occurs if practicable and a notice shall be published in a local newspaper of general circulation in the jurisdiction where the animal was seized at least two (2) times each week for two (2) consecutive weeks, with the first notice published within three (3) days of the seizure, and no less than at least five (5) days before a hearing conducted under this section. (4) (A) After written notice is received by the owner or published under subdivision (a)(3) of this section, the owner within fifteen (15) business days may petition the district court having jurisdiction where the animal was seized to determine the custody of the animal. (B) If a petition is not filed by the owner within the time period prescribed by this section, the prosecuting attorney shall file a petition in the district court to divest the owner of ownership of the animal and, after a hearing, the district court may order the animal transferred to an appropriate place of custody, euthanized, or any other disposition the district court deems appropriate.

(1) Unless otherwise ordered by a court, for purposes of this subchapter, an animal that has been seized by a law enforcement officer or animal control officer under this subchapter shall remain at the appropriate place of custody for a period of at least fifteen (15) consecutive days, including weekends and holidays, after written notice is received by the owner.

(2) The written notice shall: (A) Be left at the last known address of the owner; and (B) Contain a description of the animal seized, the date seized, the name and contact information of the law enforcement or animal control officer seizing the animal, the location of the animal, and the reason for the seizure.

(A) Be left at the last known address of the owner; and

(B) Contain a description of the animal seized, the date seized, the name and contact information of the law enforcement or animal control officer seizing the animal, the location of the animal, and the reason for the seizure.

(3) If the owner of the animal cannot be determined, a written notice regarding the seizure of the animal shall be conspicuously posted where the animal is seized at the time the seizure occurs if practicable and a notice shall be published in a local newspaper of general circulation in the jurisdiction where the animal was seized at least two (2) times each week for two (2) consecutive weeks, with the first notice published within three (3) days of the seizure, and no less than at least five (5) days before a hearing conducted under this section.

(4) (A) After written notice is received by the owner or published under subdivision (a)(3) of this section, the owner within fifteen (15) business days may petition the district court having jurisdiction where the animal was seized to determine the custody of the animal. (B) If a petition is not filed by the owner within the time period prescribed by this section, the prosecuting attorney shall file a petition in the district court to divest the owner of ownership of the animal and, after a hearing, the district court may order the animal transferred to an appropriate place of custody, euthanized, or any other disposition the district court deems appropriate.

(A) After written notice is received by the owner or published under subdivision (a)(3) of this section, the owner within fifteen (15) business days may petition the district court having jurisdiction where the animal was seized to determine the custody of the animal.

(B) If a petition is not filed by the owner within the time period prescribed by this section, the prosecuting attorney shall file a petition in the district court to divest the owner of ownership of the animal and, after a hearing, the district court may order the animal transferred to an appropriate place of custody, euthanized, or any other disposition the district court deems appropriate.

(b) (1) (A) When an owner files a petition under subsection (a) of this section and the district court determines that the owner shall be divested of custody of the animal, the district court shall order the owner of the animal to post a bond with the district court in an amount the district court determines is sufficient to care for the animal for at least thirty (30) days. (B) The bond shall not prevent the appropriate place of custody from disposing of the animal at the end of the thirty-day period covered by the bond, unless a person claiming an interest in the animal posts a new bond for an amount determined by the court for an additional thirty-day period. (2) (A) If a petition has been filed by the owner of an animal or the prosecuting attorney under subsection (a) of this section, a person claiming an interest in an animal seized may prevent disposition of the animal as provided in subsection (a) of this section by posting a bond with the district court in an amount the district court determines is sufficient to care for the animal for at least thirty (30) days. (B) If a person who claims an interest in the animal has not posted bond in accordance with subdivision (b)(2)(A) of this section, the district court shall determine final disposition of the animal in accordance with reasonable practices for the humane treatment of animals.

(1) (A) When an owner files a petition under subsection (a) of this section and the district court determines that the owner shall be divested of custody of the animal, the district court shall order the owner of the animal to post a bond with the district court in an amount the district court determines is sufficient to care for the animal for at least thirty (30) days. (B) The bond shall not prevent the appropriate place of custody from disposing of the animal at the end of the thirty-day period covered by the bond, unless a person claiming an interest in the animal posts a new bond for an amount determined by the court for an additional thirty-day period.

(A) When an owner files a petition under subsection (a) of this section and the district court determines that the owner shall be divested of custody of the animal, the district court shall order the owner of the animal to post a bond with the district court in an amount the district court determines is sufficient to care for the animal for at least thirty (30) days.

(B) The bond shall not prevent the appropriate place of custody from disposing of the animal at the end of the thirty-day period covered by the bond, unless a person claiming an interest in the animal posts a new bond for an amount determined by the court for an additional thirty-day period.

(2) (A) If a petition has been filed by the owner of an animal or the prosecuting attorney under subsection (a) of this section, a person claiming an interest in an animal seized may prevent disposition of the animal as provided in subsection (a) of this section by posting a bond with the district court in an amount the district court determines is sufficient to care for the animal for at least thirty (30) days. (B) If a person who claims an interest in the animal has not posted bond in accordance with subdivision (b)(2)(A) of this section, the district court shall determine final disposition of the animal in accordance with reasonable practices for the humane treatment of animals.

(A) If a petition has been filed by the owner of an animal or the prosecuting attorney under subsection (a) of this section, a person claiming an interest in an animal seized may prevent disposition of the animal as provided in subsection (a) of this section by posting a bond with the district court in an amount the district court determines is sufficient to care for the animal for at least thirty (30) days.

(B) If a person who claims an interest in the animal has not posted bond in accordance with subdivision (b)(2)(A) of this section, the district court shall determine final disposition of the animal in accordance with reasonable practices for the humane treatment of animals.

(c) (1) A diseased or injured animal: (A) Seized under this section may be appropriately treated for injury or disease without a court order; and (B) Is subject to being euthanized without a court order when it is determined by a licensed veterinarian that euthanizing is necessary to prevent the suffering of the animal. (2) (A) Except as provided in subdivision (c)(1) of this section, an appropriate place of custody shall not alter or modify an animal in any manner, including without limitation the neutering, spaying, or castration of the animal, without: (i) A written court order that is issued after a petition is filed by the prosecuting attorney requesting alteration or modification and a hearing involving all interested parties as set forth in subsection (a) of this section; or (ii) The written consent of the owner. (B) A violation of this subsection is a Class B misdemeanor.

(1) A diseased or injured animal: (A) Seized under this section may be appropriately treated for injury or disease without a court order; and (B) Is subject to being euthanized without a court order when it is determined by a licensed veterinarian that euthanizing is necessary to prevent the suffering of the animal.

(A) Seized under this section may be appropriately treated for injury or disease without a court order; and

(B) Is subject to being euthanized without a court order when it is determined by a licensed veterinarian that euthanizing is necessary to prevent the suffering of the animal.

(2) (A) Except as provided in subdivision (c)(1) of this section, an appropriate place of custody shall not alter or modify an animal in any manner, including without limitation the neutering, spaying, or castration of the animal, without: (i) A written court order that is issued after a petition is filed by the prosecuting attorney requesting alteration or modification and a hearing involving all interested parties as set forth in subsection (a) of this section; or (ii) The written consent of the owner. (B) A violation of this subsection is a Class B misdemeanor.

(A) Except as provided in subdivision (c)(1) of this section, an appropriate place of custody shall not alter or modify an animal in any manner, including without limitation the neutering, spaying, or castration of the animal, without: (i) A written court order that is issued after a petition is filed by the prosecuting attorney requesting alteration or modification and a hearing involving all interested parties as set forth in subsection (a) of this section; or (ii) The written consent of the owner.

(i) A written court order that is issued after a petition is filed by the prosecuting attorney requesting alteration or modification and a hearing involving all interested parties as set forth in subsection (a) of this section; or

(ii) The written consent of the owner.

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

(d) (1) If a person pleads guilty or nolo contendere to or is found guilty of either the offense of cruelty to animals, § 5-62-103 , or the offense of aggravated cruelty to a dog, cat, or equine, § 5-62-104 , and if that person is also the owner of the animal subject to the offense, the court shall divest the person of ownership of the animal, and the court shall either: (A) Order the animal given to an appropriate place of custody; (B) Order the animal euthanized if the court decides that the best interests of the animal or that the public health and safety would be best served by euthanizing the animal based on the sworn testimony of a licensed veterinarian or animal control officer; or (C) Make any other disposition the court deems appropriate. (2) If a person pleads guilty or nolo contendere to or is found guilty of either the offense of cruelty to animals, § 5-62-103 , or the offense of aggravated cruelty to a dog, cat, or equine, § 5-62-104 , and the person is not the owner of the animal subject to the offense, the court shall order that the animal be returned to the owner, if practicable, or, if not practicable, the court shall either: (A) Order the animal given to an appropriate place of custody; (B) Order the animal euthanized if the court decides that the best interests of the animal or that the public health and safety would be best served by euthanizing the animal based on the sworn testimony of a licensed veterinarian or animal control officer; or (C) Make any other disposition the court deems appropriate.

(1) If a person pleads guilty or nolo contendere to or is found guilty of either the offense of cruelty to animals, § 5-62-103 , or the offense of aggravated cruelty to a dog, cat, or equine, § 5-62-104 , and if that person is also the owner of the animal subject to the offense, the court shall divest the person of ownership of the animal, and the court shall either: (A) Order the animal given to an appropriate place of custody; (B) Order the animal euthanized if the court decides that the best interests of the animal or that the public health and safety would be best served by euthanizing the animal based on the sworn testimony of a licensed veterinarian or animal control officer; or (C) Make any other disposition the court deems appropriate.

(A) Order the animal given to an appropriate place of custody;

(B) Order the animal euthanized if the court decides that the best interests of the animal or that the public health and safety would be best served by euthanizing the animal based on the sworn testimony of a licensed veterinarian or animal control officer; or

(C) Make any other disposition the court deems appropriate.

(2) If a person pleads guilty or nolo contendere to or is found guilty of either the offense of cruelty to animals, § 5-62-103 , or the offense of aggravated cruelty to a dog, cat, or equine, § 5-62-104 , and the person is not the owner of the animal subject to the offense, the court shall order that the animal be returned to the owner, if practicable, or, if not practicable, the court shall either: (A) Order the animal given to an appropriate place of custody; (B) Order the animal euthanized if the court decides that the best interests of the animal or that the public health and safety would be best served by euthanizing the animal based on the sworn testimony of a licensed veterinarian or animal control officer; or (C) Make any other disposition the court deems appropriate.

(A) Order the animal given to an appropriate place of custody;

(B) Order the animal euthanized if the court decides that the best interests of the animal or that the public health and safety would be best served by euthanizing the animal based on the sworn testimony of a licensed veterinarian or animal control officer; or

(C) Make any other disposition the court deems appropriate.

(e) The court shall order an animal seized under this section returned to the owner if the owner: (1) Filed a petition under subsection (a) of this section; (2) Paid all reasonable expenses incurred in caring for the animal; and (3) Is found not guilty of the offense of cruelty to animals, § 5-62-103 , or the offense of aggravated cruelty to a dog, cat, or equine, § 5-62-104 , or the proceedings against the owner have otherwise terminated.

(1) Filed a petition under subsection (a) of this section;

(2) Paid all reasonable expenses incurred in caring for the animal; and

(3) Is found not guilty of the offense of cruelty to animals, § 5-62-103 , or the offense of aggravated cruelty to a dog, cat, or equine, § 5-62-104 , or the proceedings against the owner have otherwise terminated.

(f) An owner of an animal that has been seized under this subchapter shall be responsible only for reasonable expenses that were incurred for the care of the animal while the animal was in the appropriate place of custody.

(g) This section does not prohibit the return of an animal to the rightful owner if the rightful owner is located outside the state and the prosecuting attorney has decided not to charge the rightful owner with an offense under this subchapter.

Amended by Act 2017, No. 389,§ 4, eff. 8/1/2017.

Amended by Act 2013, No. 1175,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 1160,§ 1, eff. 8/16/2013.

Acts 2009, No. 33, § 3.
Ark. Code Ann. § 5-74-107 — AR Code / Title 5 / Chapter 74 / Subchapter 1 / Section 5-74-107
Unlawful discharge of a firearm from a vehicle
Status: in_force

(a) (1) A person commits unlawful discharge of a firearm from a vehicle in the first degree if he or she knowingly discharges a firearm from a vehicle and by the discharge of the firearm causes death or serious physical injury to another person. (2) Unlawful discharge of a firearm from a vehicle in the first degree is a Class Y felony. (b) (1) A person commits unlawful discharge of a firearm from a vehicle in the second degree if he or she recklessly discharges a firearm from a vehicle in a manner that creates a substantial risk of physical injury to another person or property damage to a home, residence, or other occupiable structure. (2) Unlawful discharge of a firearm from a vehicle in the second degree is a Class B felony. (c) (1) (A) Any vehicle or property used by the owner, or anyone acting with the knowledge and consent of the owner, to facilitate a violation of this section is subject to forfeiture. (B) Subdivision (c)(1)(A) of this section is a new and independent ground for forfeiture. (2) (A) Property that is forfeitable based on this section is forfeited pursuant to and in accordance with the procedures for forfeiture in § 5-64-505 . (B) The reference in subdivision (c)(2)(A) of this section to § 5-64-505 is procedural only, and it is not a defense to forfeiture under this section that the discharge of a firearm did not involve a controlled substance. Amended by Act 2017, No. 333,§ 6, eff. 8/1/2017. Acts 1993, No. 1002, § 1.

(a) (1) A person commits unlawful discharge of a firearm from a vehicle in the first degree if he or she knowingly discharges a firearm from a vehicle and by the discharge of the firearm causes death or serious physical injury to another person. (2) Unlawful discharge of a firearm from a vehicle in the first degree is a Class Y felony.

(1) A person commits unlawful discharge of a firearm from a vehicle in the first degree if he or she knowingly discharges a firearm from a vehicle and by the discharge of the firearm causes death or serious physical injury to another person.

(2) Unlawful discharge of a firearm from a vehicle in the first degree is a Class Y felony.

(b) (1) A person commits unlawful discharge of a firearm from a vehicle in the second degree if he or she recklessly discharges a firearm from a vehicle in a manner that creates a substantial risk of physical injury to another person or property damage to a home, residence, or other occupiable structure. (2) Unlawful discharge of a firearm from a vehicle in the second degree is a Class B felony.

(1) A person commits unlawful discharge of a firearm from a vehicle in the second degree if he or she recklessly discharges a firearm from a vehicle in a manner that creates a substantial risk of physical injury to another person or property damage to a home, residence, or other occupiable structure.

(2) Unlawful discharge of a firearm from a vehicle in the second degree is a Class B felony.

(c) (1) (A) Any vehicle or property used by the owner, or anyone acting with the knowledge and consent of the owner, to facilitate a violation of this section is subject to forfeiture. (B) Subdivision (c)(1)(A) of this section is a new and independent ground for forfeiture. (2) (A) Property that is forfeitable based on this section is forfeited pursuant to and in accordance with the procedures for forfeiture in § 5-64-505 . (B) The reference in subdivision (c)(2)(A) of this section to § 5-64-505 is procedural only, and it is not a defense to forfeiture under this section that the discharge of a firearm did not involve a controlled substance.

(1) (A) Any vehicle or property used by the owner, or anyone acting with the knowledge and consent of the owner, to facilitate a violation of this section is subject to forfeiture. (B) Subdivision (c)(1)(A) of this section is a new and independent ground for forfeiture.

(A) Any vehicle or property used by the owner, or anyone acting with the knowledge and consent of the owner, to facilitate a violation of this section is subject to forfeiture.

(B) Subdivision (c)(1)(A) of this section is a new and independent ground for forfeiture.

(2) (A) Property that is forfeitable based on this section is forfeited pursuant to and in accordance with the procedures for forfeiture in § 5-64-505 . (B) The reference in subdivision (c)(2)(A) of this section to § 5-64-505 is procedural only, and it is not a defense to forfeiture under this section that the discharge of a firearm did not involve a controlled substance.

(A) Property that is forfeitable based on this section is forfeited pursuant to and in accordance with the procedures for forfeiture in § 5-64-505 .

(B) The reference in subdivision (c)(2)(A) of this section to § 5-64-505 is procedural only, and it is not a defense to forfeiture under this section that the discharge of a firearm did not involve a controlled substance.

Amended by Act 2017, No. 333,§ 6, eff. 8/1/2017.

Acts 1993, No. 1002, § 1.
Ark. Code Ann. § 5-68-403 — AR Code / Title 5 / Chapter 68 / Subchapter 4 / Section 5-68-403
Definitions
Status: in_force

As used in this subchapter: (1) "Mailable matter" means: (A) Printed or written matter or material having second-class mailing privileges under the laws of the United States; or (B) Any other printed or written matter or material that has not been determined to be nonmailable under the laws of the United States; (2) "Obscene" means that to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest; (3) "Person" means any individual, partnership, firm, association, corporation, or other legal entity; and (4) (A) "Printed or written matter or material" means any book, pamphlet, magazine, periodical, newspaper, picture magazine, comic book, story paper, or other printed or written matter. (B) "Printed or written matter or material" does not include written or printed matter or material used by or in any recognized religious, scientific, or educational institution. Acts 1961, No. 261, § 3; A.S.A. 1947, § 41-3564.

As used in this subchapter:

(1) "Mailable matter" means: (A) Printed or written matter or material having second-class mailing privileges under the laws of the United States; or (B) Any other printed or written matter or material that has not been determined to be nonmailable under the laws of the United States;

(A) Printed or written matter or material having second-class mailing privileges under the laws of the United States; or

(B) Any other printed or written matter or material that has not been determined to be nonmailable under the laws of the United States;

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

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

(4) (A) "Printed or written matter or material" means any book, pamphlet, magazine, periodical, newspaper, picture magazine, comic book, story paper, or other printed or written matter. (B) "Printed or written matter or material" does not include written or printed matter or material used by or in any recognized religious, scientific, or educational institution.

(A) "Printed or written matter or material" means any book, pamphlet, magazine, periodical, newspaper, picture magazine, comic book, story paper, or other printed or written matter.

(B) "Printed or written matter or material" does not include written or printed matter or material used by or in any recognized religious, scientific, or educational institution.

Acts 1961, No. 261, § 3; A.S.A. 1947, § 41-3564.
Ark. Code Ann. § 5-62-111 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-111
Prevention of cruelty
Status: in_force

(a) A person may lawfully interfere to prevent the imminent or ongoing perpetration of any offense of cruelty to animals, § 5-62-103 , or aggravated cruelty to a dog, cat, or equine, § 5-62-104 , upon any animal in his or her presence. (b) Upon a conviction, a person who knowingly interferes with or obstructs a person acting under subsection (a) of this section is guilty of a Class A misdemeanor. Amended by Act 2017, No. 389,§ 6, eff. 8/1/2017. Acts 1879, No. 47, § 10, p. 54; C. & M. Dig., § 2619; Pope's Dig., § 3306; A.S.A. 1947, § 41-2957; Acts 2009, No. 33, § 4.

(a) A person may lawfully interfere to prevent the imminent or ongoing perpetration of any offense of cruelty to animals, § 5-62-103 , or aggravated cruelty to a dog, cat, or equine, § 5-62-104 , upon any animal in his or her presence.

(b) Upon a conviction, a person who knowingly interferes with or obstructs a person acting under subsection (a) of this section is guilty of a Class A misdemeanor.

Amended by Act 2017, No. 389,§ 6, eff. 8/1/2017.

Acts 1879, No. 47, § 10, p. 54; C. & M. Dig., § 2619; Pope's Dig., § 3306; A.S.A. 1947, § 41-2957; Acts 2009, No. 33, § 4.
Ark. Code Ann. § 5-4-908 — AR Code / Title 5 / Chapter 4 / Subchapter 9 / Section 5-4-908
Program operation
Status: in_force

(a) (1) A pre-adjudication probation program may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems. (2) A pre-adjudication probation program team shall be designated by a circuit judge assigned to manage the pre-adjudication probation program docket and may include a circuit judge, a prosecuting attorney, a public defender or private defense attorney, one (1) or more probation officers, and any other individual or individuals determined necessary by the pre-adjudication probation program judge. (3) (A) The administrative judge of the judicial district shall designate one (1) or more circuit judges to administer the pre-adjudication probation program. (B) If a county is in a judicial district that does not have a circuit judge who is able to administer the pre-adjudication probation program on a consistent basis, the administrative plan for the judicial circuit required by Supreme Court Administrative Order No. 14 may designate a state district court judge to administer the pre-adjudication probation program. (b) Each judicial district may develop a training and implementation manual for a pre-adjudication probation program with the assistance of: (1) The Department of Human Services; (2) The Division of Elementary and Secondary Education; (3) The Adult Education Section; (4) The Division of Community Correction; (5) The Administrative Office of the Courts; and (6) Any vocational school, technical school, community college, or two-year and four-year public university that has volunteered to be part of the pre-adjudication program in the judicial district. Amended by Act 2019, No. 910,§ 134, eff. 7/1/2019. Amended by Act 2015, No. 1198,§ 4, eff. 7/22/2015. Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.

(a) (1) A pre-adjudication probation program may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems. (2) A pre-adjudication probation program team shall be designated by a circuit judge assigned to manage the pre-adjudication probation program docket and may include a circuit judge, a prosecuting attorney, a public defender or private defense attorney, one (1) or more probation officers, and any other individual or individuals determined necessary by the pre-adjudication probation program judge. (3) (A) The administrative judge of the judicial district shall designate one (1) or more circuit judges to administer the pre-adjudication probation program. (B) If a county is in a judicial district that does not have a circuit judge who is able to administer the pre-adjudication probation program on a consistent basis, the administrative plan for the judicial circuit required by Supreme Court Administrative Order No. 14 may designate a state district court judge to administer the pre-adjudication probation program.

(1) A pre-adjudication probation program may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems.

(2) A pre-adjudication probation program team shall be designated by a circuit judge assigned to manage the pre-adjudication probation program docket and may include a circuit judge, a prosecuting attorney, a public defender or private defense attorney, one (1) or more probation officers, and any other individual or individuals determined necessary by the pre-adjudication probation program judge.

(3) (A) The administrative judge of the judicial district shall designate one (1) or more circuit judges to administer the pre-adjudication probation program. (B) If a county is in a judicial district that does not have a circuit judge who is able to administer the pre-adjudication probation program on a consistent basis, the administrative plan for the judicial circuit required by Supreme Court Administrative Order No. 14 may designate a state district court judge to administer the pre-adjudication probation program.

(A) The administrative judge of the judicial district shall designate one (1) or more circuit judges to administer the pre-adjudication probation program.

(B) If a county is in a judicial district that does not have a circuit judge who is able to administer the pre-adjudication probation program on a consistent basis, the administrative plan for the judicial circuit required by Supreme Court Administrative Order No. 14 may designate a state district court judge to administer the pre-adjudication probation program.

(b) Each judicial district may develop a training and implementation manual for a pre-adjudication probation program with the assistance of: (1) The Department of Human Services; (2) The Division of Elementary and Secondary Education; (3) The Adult Education Section; (4) The Division of Community Correction; (5) The Administrative Office of the Courts; and (6) Any vocational school, technical school, community college, or two-year and four-year public university that has volunteered to be part of the pre-adjudication program in the judicial district.

(1) The Department of Human Services;

(2) The Division of Elementary and Secondary Education;

(3) The Adult Education Section;

(4) The Division of Community Correction;

(5) The Administrative Office of the Courts; and

(6) Any vocational school, technical school, community college, or two-year and four-year public university that has volunteered to be part of the pre-adjudication program in the judicial district.

Amended by Act 2019, No. 910,§ 134, eff. 7/1/2019.

Amended by Act 2015, No. 1198,§ 4, eff. 7/22/2015.

Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-62-204 — AR Code / Title 5 / Chapter 62 / Subchapter 2 / Section 5-62-204
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1263,§ 16, eff. 7/22/2015. Acts 1991, No. 1006, § 4.

Repealed by Act 2015, No. 1263,§ 16, eff. 7/22/2015.

Acts 1991, No. 1006, § 4.
Ark. Code Ann. § 5-75-101 — AR Code / Title 5 / Chapter 75 / Section 5-75-101
Definitions
Status: in_force

As used in this chapter: (1) "Aircraft" means any contrivance invented, used, or designed for the navigation of or flight in the air, and that is required to be registered under the laws of the United States; (2) (A) "Controlled substance" means a drug, substance, or immediate precursor in Schedules I through VI. (B) The fact that any person charged with a violation of this chapter is or has been entitled to use that drug or controlled substance under the laws of this state does not constitute a defense against any charge of violating this chapter; and (3) "Intoxicated" means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant, to such a degree that the operator's or navigator's reactions, motor skills, and judgment are substantially altered and the operator or navigator, therefore, constitutes a clear and substantial danger of physical injury or death to himself or herself and other persons. Acts 1993, No. 824, § 1.

As used in this chapter:

(1) "Aircraft" means any contrivance invented, used, or designed for the navigation of or flight in the air, and that is required to be registered under the laws of the United States;

(2) (A) "Controlled substance" means a drug, substance, or immediate precursor in Schedules I through VI. (B) The fact that any person charged with a violation of this chapter is or has been entitled to use that drug or controlled substance under the laws of this state does not constitute a defense against any charge of violating this chapter; and

(A) "Controlled substance" means a drug, substance, or immediate precursor in Schedules I through VI.

(B) The fact that any person charged with a violation of this chapter is or has been entitled to use that drug or controlled substance under the laws of this state does not constitute a defense against any charge of violating this chapter; and

(3) "Intoxicated" means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant, to such a degree that the operator's or navigator's reactions, motor skills, and judgment are substantially altered and the operator or navigator, therefore, constitutes a clear and substantial danger of physical injury or death to himself or herself and other persons.

Acts 1993, No. 824, § 1.
Ark. Code Ann. § 5-42-204 — AR Code / Title 5 / Chapter 42 / Subchapter 2 / Section 5-42-204
Criminal use of property or laundering criminal proceeds
Status: in_force

(a) A person commits the offense of criminal use of property or laundering criminal proceeds if the person knowingly: (1) Conducts or attempts to conduct a transaction involving criminal proceeds that were derived from any predicate criminal offense, or that were represented to be criminal proceeds from any predicate criminal offense, with the intent to: (A) Conceal the location, source, ownership, or control of the criminal proceeds; (B) Avoid a reporting requirement under state or federal law; or (C) Acquire any interest in the criminal proceeds; or (2) Uses or makes available for use any property in which he or she has any ownership or lawful possessory interest to facilitate a predicate criminal offense. (b) Any person who is guilty of criminal use of property or laundering criminal proceeds commits a Class C felony. (c) (1) Upon conviction, the prosecuting attorney may institute a civil action against any person who violates this section to obtain a judgment against any person who violates this section, jointly and severally, for damages in an amount equal to property, funds, or a monetary instrument involved in the violation as well as the proceeds acquired by any person involved in the enterprise or by reason of conduct in furtherance of the violation, together with costs incurred for resources and personnel used in the investigation and prosecution of both criminal and civil proceedings. (2) The standard of proof in an action brought under this subsection is preponderance of the evidence. (3) The procedures for forfeiture and distribution in the asset forfeiture law, § 5-64-505 , apply. (4) A defendant in a civil action brought under this subsection is entitled to trial by jury. (d) (1) An attorney who represents a criminal defendant or person who he or she reasonably believes may become a criminal defendant may not be prosecuted for receiving payment for a service rendered to a person whom he or she represents in a criminal proceeding or in dealing with a matter that might reasonably become the subject of a criminal proceeding. (2) Should a court deny a motion to dismiss, a licensed attorney may maintain this as a defense at trial. (3) No payment described in subdivision (d)(1) of this section may be seized from the attorney if the payment was received for a service rendered pursuant to prosecution under this section, unless a court of competent jurisdiction determines after a hearing that seizure of the property is necessary for prosecution of any criminal matter and is not protected by any applicable privilege. Acts 1993, No. 1148, § 4; 2005, No. 1962, § 8.

(a) A person commits the offense of criminal use of property or laundering criminal proceeds if the person knowingly: (1) Conducts or attempts to conduct a transaction involving criminal proceeds that were derived from any predicate criminal offense, or that were represented to be criminal proceeds from any predicate criminal offense, with the intent to: (A) Conceal the location, source, ownership, or control of the criminal proceeds; (B) Avoid a reporting requirement under state or federal law; or (C) Acquire any interest in the criminal proceeds; or (2) Uses or makes available for use any property in which he or she has any ownership or lawful possessory interest to facilitate a predicate criminal offense.

(1) Conducts or attempts to conduct a transaction involving criminal proceeds that were derived from any predicate criminal offense, or that were represented to be criminal proceeds from any predicate criminal offense, with the intent to: (A) Conceal the location, source, ownership, or control of the criminal proceeds; (B) Avoid a reporting requirement under state or federal law; or (C) Acquire any interest in the criminal proceeds; or

(A) Conceal the location, source, ownership, or control of the criminal proceeds;

(B) Avoid a reporting requirement under state or federal law; or

(C) Acquire any interest in the criminal proceeds; or

(2) Uses or makes available for use any property in which he or she has any ownership or lawful possessory interest to facilitate a predicate criminal offense.

(b) Any person who is guilty of criminal use of property or laundering criminal proceeds commits a Class C felony.

(c) (1) Upon conviction, the prosecuting attorney may institute a civil action against any person who violates this section to obtain a judgment against any person who violates this section, jointly and severally, for damages in an amount equal to property, funds, or a monetary instrument involved in the violation as well as the proceeds acquired by any person involved in the enterprise or by reason of conduct in furtherance of the violation, together with costs incurred for resources and personnel used in the investigation and prosecution of both criminal and civil proceedings. (2) The standard of proof in an action brought under this subsection is preponderance of the evidence. (3) The procedures for forfeiture and distribution in the asset forfeiture law, § 5-64-505 , apply. (4) A defendant in a civil action brought under this subsection is entitled to trial by jury.

(1) Upon conviction, the prosecuting attorney may institute a civil action against any person who violates this section to obtain a judgment against any person who violates this section, jointly and severally, for damages in an amount equal to property, funds, or a monetary instrument involved in the violation as well as the proceeds acquired by any person involved in the enterprise or by reason of conduct in furtherance of the violation, together with costs incurred for resources and personnel used in the investigation and prosecution of both criminal and civil proceedings.

(2) The standard of proof in an action brought under this subsection is preponderance of the evidence.

(3) The procedures for forfeiture and distribution in the asset forfeiture law, § 5-64-505 , apply.

(4) A defendant in a civil action brought under this subsection is entitled to trial by jury.

(d) (1) An attorney who represents a criminal defendant or person who he or she reasonably believes may become a criminal defendant may not be prosecuted for receiving payment for a service rendered to a person whom he or she represents in a criminal proceeding or in dealing with a matter that might reasonably become the subject of a criminal proceeding. (2) Should a court deny a motion to dismiss, a licensed attorney may maintain this as a defense at trial. (3) No payment described in subdivision (d)(1) of this section may be seized from the attorney if the payment was received for a service rendered pursuant to prosecution under this section, unless a court of competent jurisdiction determines after a hearing that seizure of the property is necessary for prosecution of any criminal matter and is not protected by any applicable privilege.

(1) An attorney who represents a criminal defendant or person who he or she reasonably believes may become a criminal defendant may not be prosecuted for receiving payment for a service rendered to a person whom he or she represents in a criminal proceeding or in dealing with a matter that might reasonably become the subject of a criminal proceeding.

(2) Should a court deny a motion to dismiss, a licensed attorney may maintain this as a defense at trial.

(3) No payment described in subdivision (d)(1) of this section may be seized from the attorney if the payment was received for a service rendered pursuant to prosecution under this section, unless a court of competent jurisdiction determines after a hearing that seizure of the property is necessary for prosecution of any criminal matter and is not protected by any applicable privilege.

Acts 1993, No. 1148, § 4; 2005, No. 1962, § 8.
Ark. Code Ann. § 5-55-107 — AR Code / Title 5 / Chapter 55 / Subchapter 1 / Section 5-55-107
Restitution and collection
Status: in_force

(a) In addition to any other fine that may be levied, any person found guilty of or who pleads guilty or nolo contendere to Medicaid fraud as described in this subchapter shall make full restitution and payment of costs and expenses as follows: (1) (A) Restitution to the Department of Human Services, with the restitution to be deposited into the Arkansas Medicaid Program Trust Fund for the loss to the Arkansas Medicaid Program or its fiscal agents. (B) When permitted by contract or rules, the department may return all or a portion of the restitution to a managed care organization or any similar organization that suffered a loss due to the Medicaid fraud; and (2) The office of the Attorney General or prosecuting attorney may recover reasonable and necessary costs and expenses incurred during investigation and prosecution of Medicaid fraud. (b) (1) Upon a conviction of Medicaid fraud, the sentencing authority shall make a finding regarding the amount of restitution that a defendant shall pay, including without limitation: (A) The full amount of the monetary loss to the Arkansas Medicaid Program and its fiscal agents; (B) The amount of reasonable and necessary expenses incurred by the office of the Attorney General or the prosecuting attorney during the investigation and prosecution; and (C) Any other measurable monetary damages directly related to the Medicaid fraud. (2) Except as provided in subdivision (b)(1) of this section, the sentencing authority shall follow the procedures for determination of the restitution amount under § 5-4-205 . (c) (1) In addition to the sentencing order in a criminal case, a court shall enter a separate restitution order against the defendant convicted of Medicaid fraud regarding restitution consistent with this section and § 5-55-108 . (2) The restitution order is a judgment against the defendant and has the same effect as any other civil judgment recorded in the state. (3) The restitution order shall: (A) Require the defendant to: (i) Comply with § 16-66-221 by filing a schedule of property; and (ii) Update the schedule of property on an annual basis until the restitution is paid in full; and (B) State that: (i) Interest shall accrue on the amount of the restitution from the date of the restitution order under § 16-65-114 ; and (ii) Restitution may be collected through an interception of the defendant's state income tax return under § 5-4-206 if the defendant fails to comply with the terms and conditions of the restitution order. (d) (1) (A) The Attorney General may use all available civil remedies under state law to collect on a restitution order under this section. (B) Civil efforts to collect restitution may proceed jointly with criminal efforts to collect restitution. (C) This subsection does not limit the contempt power of the court or prevent a court from revoking the probation or suspended sentence of a defendant who has willfully failed to pay restitution ordered under this section. (2) (A) The Attorney General shall provide a full accounting of any restitution collected using civil remedies to the court. (B) A defendant shall not be required to pay restitution more than one (1) time. (3) (A) Restitution ordered for a loss to the Arkansas Medicaid Program shall not be excused by the court. (B) A conviction under this subchapter shall not be sealed or expunged until all ordered restitution is paid in full. (e) (1) Restitution ordered for losses to the Arkansas Medicaid Program shall be paid to the Arkansas Medicaid Program Trust Fund and used by the Department of Human Services as required by state law. (2) Restitution ordered for reasonable and necessary expenses incurred by the office of the Attorney General or the prosecuting attorney during investigation and prosecution shall be paid to the office of the Attorney General or the prosecuting attorney to be retained and used in future investigations for Medicaid fraud. Amended by Act 2023, No. 659,§ 43, eff. 1/1/2024. Amended by Act 2021, No. 466,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 916,§ 5, eff. 7/24/2019. Amended by Act 2017, No. 978,§ 5, eff. 8/1/2017. Acts 1979, No. 823, § 4; A.S.A. 1947, § 41-4404; Acts 1993, No. 1291, § 4.

(a) In addition to any other fine that may be levied, any person found guilty of or who pleads guilty or nolo contendere to Medicaid fraud as described in this subchapter shall make full restitution and payment of costs and expenses as follows: (1) (A) Restitution to the Department of Human Services, with the restitution to be deposited into the Arkansas Medicaid Program Trust Fund for the loss to the Arkansas Medicaid Program or its fiscal agents. (B) When permitted by contract or rules, the department may return all or a portion of the restitution to a managed care organization or any similar organization that suffered a loss due to the Medicaid fraud; and (2) The office of the Attorney General or prosecuting attorney may recover reasonable and necessary costs and expenses incurred during investigation and prosecution of Medicaid fraud.

(1) (A) Restitution to the Department of Human Services, with the restitution to be deposited into the Arkansas Medicaid Program Trust Fund for the loss to the Arkansas Medicaid Program or its fiscal agents. (B) When permitted by contract or rules, the department may return all or a portion of the restitution to a managed care organization or any similar organization that suffered a loss due to the Medicaid fraud; and

(A) Restitution to the Department of Human Services, with the restitution to be deposited into the Arkansas Medicaid Program Trust Fund for the loss to the Arkansas Medicaid Program or its fiscal agents.

(B) When permitted by contract or rules, the department may return all or a portion of the restitution to a managed care organization or any similar organization that suffered a loss due to the Medicaid fraud; and

(2) The office of the Attorney General or prosecuting attorney may recover reasonable and necessary costs and expenses incurred during investigation and prosecution of Medicaid fraud.

(b) (1) Upon a conviction of Medicaid fraud, the sentencing authority shall make a finding regarding the amount of restitution that a defendant shall pay, including without limitation: (A) The full amount of the monetary loss to the Arkansas Medicaid Program and its fiscal agents; (B) The amount of reasonable and necessary expenses incurred by the office of the Attorney General or the prosecuting attorney during the investigation and prosecution; and (C) Any other measurable monetary damages directly related to the Medicaid fraud. (2) Except as provided in subdivision (b)(1) of this section, the sentencing authority shall follow the procedures for determination of the restitution amount under § 5-4-205 .

(1) Upon a conviction of Medicaid fraud, the sentencing authority shall make a finding regarding the amount of restitution that a defendant shall pay, including without limitation: (A) The full amount of the monetary loss to the Arkansas Medicaid Program and its fiscal agents; (B) The amount of reasonable and necessary expenses incurred by the office of the Attorney General or the prosecuting attorney during the investigation and prosecution; and (C) Any other measurable monetary damages directly related to the Medicaid fraud.

(A) The full amount of the monetary loss to the Arkansas Medicaid Program and its fiscal agents;

(B) The amount of reasonable and necessary expenses incurred by the office of the Attorney General or the prosecuting attorney during the investigation and prosecution; and

(C) Any other measurable monetary damages directly related to the Medicaid fraud.

(2) Except as provided in subdivision (b)(1) of this section, the sentencing authority shall follow the procedures for determination of the restitution amount under § 5-4-205 .

(c) (1) In addition to the sentencing order in a criminal case, a court shall enter a separate restitution order against the defendant convicted of Medicaid fraud regarding restitution consistent with this section and § 5-55-108 . (2) The restitution order is a judgment against the defendant and has the same effect as any other civil judgment recorded in the state. (3) The restitution order shall: (A) Require the defendant to: (i) Comply with § 16-66-221 by filing a schedule of property; and (ii) Update the schedule of property on an annual basis until the restitution is paid in full; and (B) State that: (i) Interest shall accrue on the amount of the restitution from the date of the restitution order under § 16-65-114 ; and (ii) Restitution may be collected through an interception of the defendant's state income tax return under § 5-4-206 if the defendant fails to comply with the terms and conditions of the restitution order.

(1) In addition to the sentencing order in a criminal case, a court shall enter a separate restitution order against the defendant convicted of Medicaid fraud regarding restitution consistent with this section and § 5-55-108 .

(2) The restitution order is a judgment against the defendant and has the same effect as any other civil judgment recorded in the state.

(3) The restitution order shall: (A) Require the defendant to: (i) Comply with § 16-66-221 by filing a schedule of property; and (ii) Update the schedule of property on an annual basis until the restitution is paid in full; and (B) State that: (i) Interest shall accrue on the amount of the restitution from the date of the restitution order under § 16-65-114 ; and (ii) Restitution may be collected through an interception of the defendant's state income tax return under § 5-4-206 if the defendant fails to comply with the terms and conditions of the restitution order.

(A) Require the defendant to: (i) Comply with § 16-66-221 by filing a schedule of property; and (ii) Update the schedule of property on an annual basis until the restitution is paid in full; and

(i) Comply with § 16-66-221 by filing a schedule of property; and

(ii) Update the schedule of property on an annual basis until the restitution is paid in full; and

(B) State that: (i) Interest shall accrue on the amount of the restitution from the date of the restitution order under § 16-65-114 ; and (ii) Restitution may be collected through an interception of the defendant's state income tax return under § 5-4-206 if the defendant fails to comply with the terms and conditions of the restitution order.

(i) Interest shall accrue on the amount of the restitution from the date of the restitution order under § 16-65-114 ; and

(ii) Restitution may be collected through an interception of the defendant's state income tax return under § 5-4-206 if the defendant fails to comply with the terms and conditions of the restitution order.

(d) (1) (A) The Attorney General may use all available civil remedies under state law to collect on a restitution order under this section. (B) Civil efforts to collect restitution may proceed jointly with criminal efforts to collect restitution. (C) This subsection does not limit the contempt power of the court or prevent a court from revoking the probation or suspended sentence of a defendant who has willfully failed to pay restitution ordered under this section. (2) (A) The Attorney General shall provide a full accounting of any restitution collected using civil remedies to the court. (B) A defendant shall not be required to pay restitution more than one (1) time. (3) (A) Restitution ordered for a loss to the Arkansas Medicaid Program shall not be excused by the court. (B) A conviction under this subchapter shall not be sealed or expunged until all ordered restitution is paid in full.

(1) (A) The Attorney General may use all available civil remedies under state law to collect on a restitution order under this section. (B) Civil efforts to collect restitution may proceed jointly with criminal efforts to collect restitution. (C) This subsection does not limit the contempt power of the court or prevent a court from revoking the probation or suspended sentence of a defendant who has willfully failed to pay restitution ordered under this section.

(A) The Attorney General may use all available civil remedies under state law to collect on a restitution order under this section.

(B) Civil efforts to collect restitution may proceed jointly with criminal efforts to collect restitution.

(C) This subsection does not limit the contempt power of the court or prevent a court from revoking the probation or suspended sentence of a defendant who has willfully failed to pay restitution ordered under this section.

(2) (A) The Attorney General shall provide a full accounting of any restitution collected using civil remedies to the court. (B) A defendant shall not be required to pay restitution more than one (1) time.

(A) The Attorney General shall provide a full accounting of any restitution collected using civil remedies to the court.

(B) A defendant shall not be required to pay restitution more than one (1) time.

(3) (A) Restitution ordered for a loss to the Arkansas Medicaid Program shall not be excused by the court. (B) A conviction under this subchapter shall not be sealed or expunged until all ordered restitution is paid in full.

(A) Restitution ordered for a loss to the Arkansas Medicaid Program shall not be excused by the court.

(B) A conviction under this subchapter shall not be sealed or expunged until all ordered restitution is paid in full.

(e) (1) Restitution ordered for losses to the Arkansas Medicaid Program shall be paid to the Arkansas Medicaid Program Trust Fund and used by the Department of Human Services as required by state law. (2) Restitution ordered for reasonable and necessary expenses incurred by the office of the Attorney General or the prosecuting attorney during investigation and prosecution shall be paid to the office of the Attorney General or the prosecuting attorney to be retained and used in future investigations for Medicaid fraud.

(1) Restitution ordered for losses to the Arkansas Medicaid Program shall be paid to the Arkansas Medicaid Program Trust Fund and used by the Department of Human Services as required by state law.

(2) Restitution ordered for reasonable and necessary expenses incurred by the office of the Attorney General or the prosecuting attorney during investigation and prosecution shall be paid to the office of the Attorney General or the prosecuting attorney to be retained and used in future investigations for Medicaid fraud.

Amended by Act 2023, No. 659,§ 43, eff. 1/1/2024.

Amended by Act 2021, No. 466,§ 4, eff. 7/28/2021.

Amended by Act 2019, No. 916,§ 5, eff. 7/24/2019.

Amended by Act 2017, No. 978,§ 5, eff. 8/1/2017.

Acts 1979, No. 823, § 4; A.S.A. 1947, § 41-4404; Acts 1993, No. 1291, § 4.
Ark. Code Ann. § 5-65-109 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-109
Presentencing report
Status: in_force

(a) The court shall immediately request and the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or its designee shall provide a presentence screening and assessment report of the defendant who pleads guilty or nolo contendere or is found guilty of violating § 5-65-103 or § 5-65-303 . (b) (1) The presentence screening and assessment report shall be provided within thirty (30) days of the request. (2) (A) If the defendant's sentencing is delayed by the defendant after he or she pleads guilty or nolo contendere, or if he or she is found guilty, the clerk of the court shall notify the defendant by first-class mail sent to the defendant's last known address that he or she has fifteen (15) days to appear and show cause for failing to appear for sentencing. (B) The court may proceed with sentencing even in the absence of the defendant after the expiration of the fifteen (15) days under subdivision (b)(2)(A) of this section. (c) The presentence screening and assessment report shall include without limitation: (1) The defendant's driving record; (2) An alcohol problem assessment; and (3) A victim impact statement, if applicable. Amended by Act 2019, No. 321,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 913,§ 19, eff. 8/1/2017. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Amended by Act 2013, No. 1107,§ 3, eff. 8/16/2013. Acts 1983, No. 549, § 6; A.S.A. 1947, § 75-2506; Acts 1991, No. 899, § 1; 1999, No. 1077, § 10; 2003, No. 129, § 1; 2007, No. 251, § 1; 2007, No. 827, § 77.

(a) The court shall immediately request and the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or its designee shall provide a presentence screening and assessment report of the defendant who pleads guilty or nolo contendere or is found guilty of violating § 5-65-103 or § 5-65-303 .

(b) (1) The presentence screening and assessment report shall be provided within thirty (30) days of the request. (2) (A) If the defendant's sentencing is delayed by the defendant after he or she pleads guilty or nolo contendere, or if he or she is found guilty, the clerk of the court shall notify the defendant by first-class mail sent to the defendant's last known address that he or she has fifteen (15) days to appear and show cause for failing to appear for sentencing. (B) The court may proceed with sentencing even in the absence of the defendant after the expiration of the fifteen (15) days under subdivision (b)(2)(A) of this section.

(1) The presentence screening and assessment report shall be provided within thirty (30) days of the request.

(2) (A) If the defendant's sentencing is delayed by the defendant after he or she pleads guilty or nolo contendere, or if he or she is found guilty, the clerk of the court shall notify the defendant by first-class mail sent to the defendant's last known address that he or she has fifteen (15) days to appear and show cause for failing to appear for sentencing. (B) The court may proceed with sentencing even in the absence of the defendant after the expiration of the fifteen (15) days under subdivision (b)(2)(A) of this section.

(A) If the defendant's sentencing is delayed by the defendant after he or she pleads guilty or nolo contendere, or if he or she is found guilty, the clerk of the court shall notify the defendant by first-class mail sent to the defendant's last known address that he or she has fifteen (15) days to appear and show cause for failing to appear for sentencing.

(B) The court may proceed with sentencing even in the absence of the defendant after the expiration of the fifteen (15) days under subdivision (b)(2)(A) of this section.

(c) The presentence screening and assessment report shall include without limitation: (1) The defendant's driving record; (2) An alcohol problem assessment; and (3) A victim impact statement, if applicable.

(1) The defendant's driving record;

(2) An alcohol problem assessment; and

(3) A victim impact statement, if applicable.

Amended by Act 2019, No. 321,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 913,§ 19, eff. 8/1/2017.

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

Amended by Act 2013, No. 1107,§ 3, eff. 8/16/2013.

Acts 1983, No. 549, § 6; A.S.A. 1947, § 75-2506; Acts 1991, No. 899, § 1; 1999, No. 1077, § 10; 2003, No. 129, § 1; 2007, No. 251, § 1; 2007, No. 827, § 77.
Ark. Code Ann. § 5-37-206 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-206
Receiving a deposit in a failing financial institution
Status: in_force

(a) A person commits the offense of receiving a deposit in a failing financial institution if, as an officer, manager, or other person participating in the direction of a financial institution, the person knowingly receives or permits the receipt of a deposit or other investment, knowing that the financial institution is insolvent, without disclosing the true financial condition of the financial institution. (b) Receiving a deposit in a failing financial institution is a Class A misdemeanor. Acts 1975, No. 280, § 2307; A.S.A. 1947, § 41-2307.

(a) A person commits the offense of receiving a deposit in a failing financial institution if, as an officer, manager, or other person participating in the direction of a financial institution, the person knowingly receives or permits the receipt of a deposit or other investment, knowing that the financial institution is insolvent, without disclosing the true financial condition of the financial institution.

(b) Receiving a deposit in a failing financial institution is a Class A misdemeanor.

Acts 1975, No. 280, § 2307; A.S.A. 1947, § 41-2307.
Ark. Code Ann. § 5-2-604 — AR Code / Title 5 / Chapter 2 / Subchapter 6 / Section 5-2-604
Choice of evils
Status: in_force

(a) Conduct that would otherwise constitute an offense is justifiable when: (1) The conduct is necessary as an emergency measure to avoid an imminent public or private injury; and (2) According to ordinary standards of reasonableness, the desirability and urgency of avoiding the imminent public or private injury outweigh the injury sought to be prevented by the law proscribing the conduct. (b) Justification under this section shall not rest upon a consideration pertaining to the morality or advisability of the statute defining the offense charged. (c) If the actor is reckless or negligent in bringing about the situation requiring a choice of evils or in appraising the necessity for his or her conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish a culpable mental state. Acts 1975, No. 280, § 504; A.S.A. 1947, § 41-504.

(a) Conduct that would otherwise constitute an offense is justifiable when: (1) The conduct is necessary as an emergency measure to avoid an imminent public or private injury; and (2) According to ordinary standards of reasonableness, the desirability and urgency of avoiding the imminent public or private injury outweigh the injury sought to be prevented by the law proscribing the conduct.

(1) The conduct is necessary as an emergency measure to avoid an imminent public or private injury; and

(2) According to ordinary standards of reasonableness, the desirability and urgency of avoiding the imminent public or private injury outweigh the injury sought to be prevented by the law proscribing the conduct.

(b) Justification under this section shall not rest upon a consideration pertaining to the morality or advisability of the statute defining the offense charged.

(c) If the actor is reckless or negligent in bringing about the situation requiring a choice of evils or in appraising the necessity for his or her conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish a culpable mental state.

Acts 1975, No. 280, § 504; A.S.A. 1947, § 41-504.
Ark. Code Ann. § 5-4-320 — AR Code / Title 5 / Chapter 4 / Subchapter 3 / Section 5-4-320
Certain convicted felons to observe operations of correctional facility
Status: in_force

(a) Any person who pleads guilty or nolo contendere or is found guilty in any circuit court of this state of a felony and whose sentence of imprisonment is placed on suspension or who is placed on probation may be ordered by the circuit court to report to an appropriate Division of Correction facility on a date certain to be scheduled by the division for the duration of that work day to observe the operation of the division's facility. (b) The person convicted of the felony shall bear the cost of transportation to and from the division's facility. Amended by Act 2019, No. 910,§ 656, eff. 7/1/2019. Acts 1985, No. 548, § 1; A.S.A. 1947, § 41-1212.

(a) Any person who pleads guilty or nolo contendere or is found guilty in any circuit court of this state of a felony and whose sentence of imprisonment is placed on suspension or who is placed on probation may be ordered by the circuit court to report to an appropriate Division of Correction facility on a date certain to be scheduled by the division for the duration of that work day to observe the operation of the division's facility.

(b) The person convicted of the felony shall bear the cost of transportation to and from the division's facility.

Amended by Act 2019, No. 910,§ 656, eff. 7/1/2019.

Acts 1985, No. 548, § 1; A.S.A. 1947, § 41-1212.
Ark. Code Ann. § 5-64-801 — AR Code / Title 5 / Chapter 64 / Subchapter 8 / Section 5-64-801
Definition
Status: in_force

(a) As used in this subchapter, "drug device" means an object usable for smoking marijuana, for smoking a controlled substance defined as a tetrahydrocannabinol, or for ingesting or inhaling cocaine, and includes, but is not limited to: (1) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; (2) A water pipe; (3) A carburetion tube or device; (4) A smoking or carburetion mask; (5) A roach clip, meaning an object used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand; (6) A chamber pipe; (7) A carburetor pipe; (8) An electric pipe; (9) An air-driven pipe; (10) A chillum; (11) A bong; (12) An ice pipe or chiller; and (13) A miniature cocaine spoon or a cocaine vial. (b) In any prosecution under this subchapter, the question of whether an object is a drug device is a question of fact. Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.

(a) As used in this subchapter, "drug device" means an object usable for smoking marijuana, for smoking a controlled substance defined as a tetrahydrocannabinol, or for ingesting or inhaling cocaine, and includes, but is not limited to: (1) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; (2) A water pipe; (3) A carburetion tube or device; (4) A smoking or carburetion mask; (5) A roach clip, meaning an object used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand; (6) A chamber pipe; (7) A carburetor pipe; (8) An electric pipe; (9) An air-driven pipe; (10) A chillum; (11) A bong; (12) An ice pipe or chiller; and (13) A miniature cocaine spoon or a cocaine vial.

(1) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;

(2) A water pipe;

(3) A carburetion tube or device;

(4) A smoking or carburetion mask;

(5) A roach clip, meaning an object used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

(6) A chamber pipe;

(7) A carburetor pipe;

(8) An electric pipe;

(9) An air-driven pipe;

(10) A chillum;

(11) A bong;

(12) An ice pipe or chiller; and

(13) A miniature cocaine spoon or a cocaine vial.

(b) In any prosecution under this subchapter, the question of whether an object is a drug device is a question of fact.

Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.
Ark. Code Ann. § 5-54-117 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-117
Assisting in or furnishing an implement for escape
Status: in_force

(a) A person commits the offense of assisting in or furnishing an implement for escape if, with the purpose of facilitating escape, he or she: (1) Introduces an implement for escape into a correctional facility; (2) Provides an inmate in a correctional facility with an implement for escape; (3) Provides a person in custody with an implement for escape; (4) Provides transportation of any kind that is used in the commission or furtherance of an escape from a correctional facility; (5) Furnishes food, clothing, finances, or other aid to a person who escaped from a correctional facility; or (6) Provides shelter or housing to a person who escaped from a correctional facility. (b) (1) Assisting in or furnishing an implement for escape is a Class B felony if the implement for escape provided is a deadly weapon. (2) Otherwise assisting in or furnishing an implement for escape is a Class C felony. Acts 1975, No. 280, § 2817; A.S.A. 1947, § 41-2817; Acts 2009, No. 478, § 4; 2011, No. 1120, § 11.

(a) A person commits the offense of assisting in or furnishing an implement for escape if, with the purpose of facilitating escape, he or she: (1) Introduces an implement for escape into a correctional facility; (2) Provides an inmate in a correctional facility with an implement for escape; (3) Provides a person in custody with an implement for escape; (4) Provides transportation of any kind that is used in the commission or furtherance of an escape from a correctional facility; (5) Furnishes food, clothing, finances, or other aid to a person who escaped from a correctional facility; or (6) Provides shelter or housing to a person who escaped from a correctional facility.

(1) Introduces an implement for escape into a correctional facility;

(2) Provides an inmate in a correctional facility with an implement for escape;

(3) Provides a person in custody with an implement for escape;

(4) Provides transportation of any kind that is used in the commission or furtherance of an escape from a correctional facility;

(5) Furnishes food, clothing, finances, or other aid to a person who escaped from a correctional facility; or

(6) Provides shelter or housing to a person who escaped from a correctional facility.

(b) (1) Assisting in or furnishing an implement for escape is a Class B felony if the implement for escape provided is a deadly weapon. (2) Otherwise assisting in or furnishing an implement for escape is a Class C felony.

(1) Assisting in or furnishing an implement for escape is a Class B felony if the implement for escape provided is a deadly weapon.

(2) Otherwise assisting in or furnishing an implement for escape is a Class C felony.

Acts 1975, No. 280, § 2817; A.S.A. 1947, § 41-2817; Acts 2009, No. 478, § 4; 2011, No. 1120, § 11.