Ark. Code Ann. § 5-39-203 — AR Code / Title 5 / Chapter 39 / Subchapter 2 / Section 5-39-203
Criminal trespass
Status: in_force

(a) A person commits criminal trespass if he or she purposely enters or remains unlawfully in or upon: (1) A vehicle of another person; (2) The premises owned or leased by another person; or (3) Critical infrastructure. (b) Criminal trespass is a: (1) Class D felony if: (A) The person has two (2) or more convictions for a Class A misdemeanor violation of this section or § 5-39-305 ; or (B) The premises is critical infrastructure; (2) Class A misdemeanor if: (A) At the time of the criminal trespass, the person is in possession of one (1) or more of the following: (i) A killing device; (ii) A harvesting device; (iii) A device primarily used for the location and unearthing of buried or submerged artifacts; or (iv) A tool designed to gain entry into a structure by breaking a lock or breaking through a fence, including without limitation a boltcutter; (B) The person is on premises containing a commercial fishing or fish breeding operation and at that time is in possession of a fishing pole or net designed to capture fish; or (C) The person has a prior conviction for a violation of this section; (3) Class B misdemeanor if: (A) The vehicle or premises involved is an occupiable structure; or (B) The conduct involves the removal of a posted sign, a fence, or a portion of a fence as defined in § 2-39-102 ; or (4) Class C misdemeanor if otherwise committed. (c) It is a defense to prosecution under this section that: (1) The person was a guest or invitee; (2) The person was required to enter upon the premises of the other person for a business reason or for health and safety reasons; (3) The person was authorized by law to enter upon the premises; (4) The privately owned premises were made open to the public; or (5) The person owns or is employed by a person or entity that owns property adjoining the premises and is traveling over the premises with good faith or for a legitimate reason. (d) This section does not apply to the following persons who are acting in the line of duty or within the scope of their employment: (1) A law enforcement officer; (2) A firefighter; (3) An emergency first responder; (4) An employee of a state agency, court, or school who is tasked with monitoring, supervising, or making direct contact with a minor or the parents of a minor concerning the well-being of the minor; or (5) An employee of a federal, state, or local agency, commission, board, political subdivision, school district, or municipality who has entered onto or remains on the premises for a purpose directly relating to the employee's employment with the federal, state, or local agency, commission, board, political subdivision, school district, or municipality. (e) (1) It is an affirmative defense to prosecution under this section if the person who enters the premises of another person is: (A) Temporarily on the premises of the other person for the sole purpose of recovering livestock, a dog, or any other domesticated animal; and (B) Either: (i) The owner of the livestock, dog, or other domesticated animal; or (ii) An employee or agent of the owner of the livestock, dog, or other domesticated animal. (2) A person who enters the premises of another person as described in subdivision (e)(1) of this section is subject to civil liability for any property damage that occurs in the course of recovering the livestock, dog, or other domesticated animal. (f) A person aggrieved by a violation of this section is granted a private cause of action against the person who violated this section and is entitled to recover: (1) Actual damages caused by the violation; (2) Reasonable attorney's fees; and (3) Punitive damages. Amended by Act 2021, No. 712,§ 4, eff. 7/28/2021. Amended by Act 2017, No. 877,§ 3, eff. 8/1/2017. Amended by Act 2013, No. 960,§ 2, eff. 8/16/2013. Acts 1975, No. 280, § 2004; A.S.A. 1947, § 41-2004.

(a) A person commits criminal trespass if he or she purposely enters or remains unlawfully in or upon: (1) A vehicle of another person; (2) The premises owned or leased by another person; or (3) Critical infrastructure.

(1) A vehicle of another person;

(2) The premises owned or leased by another person; or

(3) Critical infrastructure.

(b) Criminal trespass is a: (1) Class D felony if: (A) The person has two (2) or more convictions for a Class A misdemeanor violation of this section or § 5-39-305 ; or (B) The premises is critical infrastructure; (2) Class A misdemeanor if: (A) At the time of the criminal trespass, the person is in possession of one (1) or more of the following: (i) A killing device; (ii) A harvesting device; (iii) A device primarily used for the location and unearthing of buried or submerged artifacts; or (iv) A tool designed to gain entry into a structure by breaking a lock or breaking through a fence, including without limitation a boltcutter; (B) The person is on premises containing a commercial fishing or fish breeding operation and at that time is in possession of a fishing pole or net designed to capture fish; or (C) The person has a prior conviction for a violation of this section; (3) Class B misdemeanor if: (A) The vehicle or premises involved is an occupiable structure; or (B) The conduct involves the removal of a posted sign, a fence, or a portion of a fence as defined in § 2-39-102 ; or (4) Class C misdemeanor if otherwise committed.

(1) Class D felony if: (A) The person has two (2) or more convictions for a Class A misdemeanor violation of this section or § 5-39-305 ; or (B) The premises is critical infrastructure;

(A) The person has two (2) or more convictions for a Class A misdemeanor violation of this section or § 5-39-305 ; or

(B) The premises is critical infrastructure;

(2) Class A misdemeanor if: (A) At the time of the criminal trespass, the person is in possession of one (1) or more of the following: (i) A killing device; (ii) A harvesting device; (iii) A device primarily used for the location and unearthing of buried or submerged artifacts; or (iv) A tool designed to gain entry into a structure by breaking a lock or breaking through a fence, including without limitation a boltcutter; (B) The person is on premises containing a commercial fishing or fish breeding operation and at that time is in possession of a fishing pole or net designed to capture fish; or (C) The person has a prior conviction for a violation of this section;

(A) At the time of the criminal trespass, the person is in possession of one (1) or more of the following: (i) A killing device; (ii) A harvesting device; (iii) A device primarily used for the location and unearthing of buried or submerged artifacts; or (iv) A tool designed to gain entry into a structure by breaking a lock or breaking through a fence, including without limitation a boltcutter;

(i) A killing device;

(ii) A harvesting device;

(iii) A device primarily used for the location and unearthing of buried or submerged artifacts; or

(iv) A tool designed to gain entry into a structure by breaking a lock or breaking through a fence, including without limitation a boltcutter;

(B) The person is on premises containing a commercial fishing or fish breeding operation and at that time is in possession of a fishing pole or net designed to capture fish; or

(C) The person has a prior conviction for a violation of this section;

(3) Class B misdemeanor if: (A) The vehicle or premises involved is an occupiable structure; or (B) The conduct involves the removal of a posted sign, a fence, or a portion of a fence as defined in § 2-39-102 ; or

(A) The vehicle or premises involved is an occupiable structure; or

(B) The conduct involves the removal of a posted sign, a fence, or a portion of a fence as defined in § 2-39-102 ; or

(4) Class C misdemeanor if otherwise committed.

(c) It is a defense to prosecution under this section that: (1) The person was a guest or invitee; (2) The person was required to enter upon the premises of the other person for a business reason or for health and safety reasons; (3) The person was authorized by law to enter upon the premises; (4) The privately owned premises were made open to the public; or (5) The person owns or is employed by a person or entity that owns property adjoining the premises and is traveling over the premises with good faith or for a legitimate reason.

(1) The person was a guest or invitee;

(2) The person was required to enter upon the premises of the other person for a business reason or for health and safety reasons;

(3) The person was authorized by law to enter upon the premises;

(4) The privately owned premises were made open to the public; or

(5) The person owns or is employed by a person or entity that owns property adjoining the premises and is traveling over the premises with good faith or for a legitimate reason.

(d) This section does not apply to the following persons who are acting in the line of duty or within the scope of their employment: (1) A law enforcement officer; (2) A firefighter; (3) An emergency first responder; (4) An employee of a state agency, court, or school who is tasked with monitoring, supervising, or making direct contact with a minor or the parents of a minor concerning the well-being of the minor; or (5) An employee of a federal, state, or local agency, commission, board, political subdivision, school district, or municipality who has entered onto or remains on the premises for a purpose directly relating to the employee's employment with the federal, state, or local agency, commission, board, political subdivision, school district, or municipality.

(1) A law enforcement officer;

(2) A firefighter;

(3) An emergency first responder;

(4) An employee of a state agency, court, or school who is tasked with monitoring, supervising, or making direct contact with a minor or the parents of a minor concerning the well-being of the minor; or

(5) An employee of a federal, state, or local agency, commission, board, political subdivision, school district, or municipality who has entered onto or remains on the premises for a purpose directly relating to the employee's employment with the federal, state, or local agency, commission, board, political subdivision, school district, or municipality.

(e) (1) It is an affirmative defense to prosecution under this section if the person who enters the premises of another person is: (A) Temporarily on the premises of the other person for the sole purpose of recovering livestock, a dog, or any other domesticated animal; and (B) Either: (i) The owner of the livestock, dog, or other domesticated animal; or (ii) An employee or agent of the owner of the livestock, dog, or other domesticated animal. (2) A person who enters the premises of another person as described in subdivision (e)(1) of this section is subject to civil liability for any property damage that occurs in the course of recovering the livestock, dog, or other domesticated animal.

(1) It is an affirmative defense to prosecution under this section if the person who enters the premises of another person is: (A) Temporarily on the premises of the other person for the sole purpose of recovering livestock, a dog, or any other domesticated animal; and (B) Either: (i) The owner of the livestock, dog, or other domesticated animal; or (ii) An employee or agent of the owner of the livestock, dog, or other domesticated animal.

(A) Temporarily on the premises of the other person for the sole purpose of recovering livestock, a dog, or any other domesticated animal; and

(B) Either: (i) The owner of the livestock, dog, or other domesticated animal; or (ii) An employee or agent of the owner of the livestock, dog, or other domesticated animal.

(i) The owner of the livestock, dog, or other domesticated animal; or

(ii) An employee or agent of the owner of the livestock, dog, or other domesticated animal.

(2) A person who enters the premises of another person as described in subdivision (e)(1) of this section is subject to civil liability for any property damage that occurs in the course of recovering the livestock, dog, or other domesticated animal.

(f) A person aggrieved by a violation of this section is granted a private cause of action against the person who violated this section and is entitled to recover: (1) Actual damages caused by the violation; (2) Reasonable attorney's fees; and (3) Punitive damages.

(1) Actual damages caused by the violation;

(2) Reasonable attorney's fees; and

(3) Punitive damages.

Amended by Act 2021, No. 712,§ 4, eff. 7/28/2021.

Amended by Act 2017, No. 877,§ 3, eff. 8/1/2017.

Amended by Act 2013, No. 960,§ 2, eff. 8/16/2013.

Acts 1975, No. 280, § 2004; A.S.A. 1947, § 41-2004.
Ark. Code Ann. § 5-51-304 — AR Code / Title 5 / Chapter 51 / Subchapter 3 / Section 5-51-304
Intentionally defective workmanship
Status: in_force

Any person who knowingly and intentionally makes or causes to be made any defective article or thing to be used by the United States, the State of Arkansas, or any subdivision of this state with intent to injure or hinder the United States, the State of Arkansas, or any subdivision of this state in the preparation for war, the prosecution of war, or in the United States, the State of Arkansas, or any subdivision of this state's use for defense purposes is guilty of a Class D felony. Acts 1941, No. 312, § 3; A.S.A. 1947, § 41-3962; Acts 2005, No. 1994, § 424.

Any person who knowingly and intentionally makes or causes to be made any defective article or thing to be used by the United States, the State of Arkansas, or any subdivision of this state with intent to injure or hinder the United States, the State of Arkansas, or any subdivision of this state in the preparation for war, the prosecution of war, or in the United States, the State of Arkansas, or any subdivision of this state's use for defense purposes is guilty of a Class D felony.

Acts 1941, No. 312, § 3; A.S.A. 1947, § 41-3962; Acts 2005, No. 1994, § 424.
Ark. Code Ann. § 5-36-104 — AR Code / Title 5 / Chapter 36 / Subchapter 1 / Section 5-36-104
Theft of services
Status: in_force

(a) A person commits theft of services if, with purpose to defraud: (1) The person purposely obtains a service that he or she knows to be available only for compensation, by deception, threat, or other means to avoid payment for the service; or (2) Having control over the disposition of a service to which he or she is not entitled, the person purposely diverts the service to his or her own benefit or to the benefit of another person not entitled to the service. (b) In a circumstance in which payment is ordinarily made immediately upon the rendering of a service, absconding without payment or offer to pay gives rise to a presumption that the actor obtained the service with the purpose of avoiding payment. (c) Theft of services is a: (1) Class B felony if: (A) The value of the service is twenty-five thousand dollars ($25,000) or more; (B) The service is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person; (C) The service is obtained by threat, and the actor stands in a confidential or fiduciary relationship to the person threatened; or (D) The theft of services involves a theft of a utility service that results in: (i) Any contamination of a line, pipe, waterline, meter, or other utility property; or (ii) A spill, dumping, or release of any hazardous material into the environment; (2) Class C felony if: (A) The value of the service is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or (B) The service is obtained by threat; (3) Class D felony if the value of the service is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); or (4) Class A misdemeanor if the theft of services: (A) Involves a theft of a utility service that results in the destruction or damage to a line, pipe, waterline, meter, or any other property of the utility; or (B) Is otherwise committed. (d) (1) In addition to any other fine that may be levied under § 5-4-201 , any person found guilty of theft of services under this section is required to make full restitution to the utility from which the service was obtained if the theft of services involves the theft of a utility service such as a gas, electricity, water, telephone, or cable television service. (2) For a prosecution brought under this subsection to enable the court to properly fix the amount of restitution, after appropriate investigation the prosecuting attorney shall recommend an amount that would make the utility whole with respect to: (A) The value of the service received; (B) The cost of repair of any damage to any: (i) Line; (ii) Pipe; (iii) Waterline; (iv) Meter; or (v) Other utility property; and (C) Any other measurable monetary damage directly related to the offense, including the expense of investigation. (3) If the defendant disagrees with the recommendation of the prosecuting attorney, he or she is entitled to introduce evidence in mitigation of the amount recommended. (4) The monetary judgment for restitution, as provided in this section, becomes a judgment against the offender and has the same force and effect as any other civil judgment recorded in this state. Acts 1975, No. 280, § 2204; 1977, No. 360, § 9; 1983, No. 719, § 2; A.S.A. 1947, § 41-2204; Acts 1997, No. 518, § 1; 1999, No. 986, § 1; 2011, No. 570, § 24; 2011, No. 1120, § 15.

(a) A person commits theft of services if, with purpose to defraud: (1) The person purposely obtains a service that he or she knows to be available only for compensation, by deception, threat, or other means to avoid payment for the service; or (2) Having control over the disposition of a service to which he or she is not entitled, the person purposely diverts the service to his or her own benefit or to the benefit of another person not entitled to the service.

(1) The person purposely obtains a service that he or she knows to be available only for compensation, by deception, threat, or other means to avoid payment for the service; or

(2) Having control over the disposition of a service to which he or she is not entitled, the person purposely diverts the service to his or her own benefit or to the benefit of another person not entitled to the service.

(b) In a circumstance in which payment is ordinarily made immediately upon the rendering of a service, absconding without payment or offer to pay gives rise to a presumption that the actor obtained the service with the purpose of avoiding payment.

(c) Theft of services is a: (1) Class B felony if: (A) The value of the service is twenty-five thousand dollars ($25,000) or more; (B) The service is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person; (C) The service is obtained by threat, and the actor stands in a confidential or fiduciary relationship to the person threatened; or (D) The theft of services involves a theft of a utility service that results in: (i) Any contamination of a line, pipe, waterline, meter, or other utility property; or (ii) A spill, dumping, or release of any hazardous material into the environment; (2) Class C felony if: (A) The value of the service is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or (B) The service is obtained by threat; (3) Class D felony if the value of the service is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); or (4) Class A misdemeanor if the theft of services: (A) Involves a theft of a utility service that results in the destruction or damage to a line, pipe, waterline, meter, or any other property of the utility; or (B) Is otherwise committed.

(1) Class B felony if: (A) The value of the service is twenty-five thousand dollars ($25,000) or more; (B) The service is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person; (C) The service is obtained by threat, and the actor stands in a confidential or fiduciary relationship to the person threatened; or (D) The theft of services involves a theft of a utility service that results in: (i) Any contamination of a line, pipe, waterline, meter, or other utility property; or (ii) A spill, dumping, or release of any hazardous material into the environment;

(A) The value of the service is twenty-five thousand dollars ($25,000) or more;

(B) The service is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person;

(C) The service is obtained by threat, and the actor stands in a confidential or fiduciary relationship to the person threatened; or

(D) The theft of services involves a theft of a utility service that results in: (i) Any contamination of a line, pipe, waterline, meter, or other utility property; or (ii) A spill, dumping, or release of any hazardous material into the environment;

(i) Any contamination of a line, pipe, waterline, meter, or other utility property; or

(ii) A spill, dumping, or release of any hazardous material into the environment;

(2) Class C felony if: (A) The value of the service is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or (B) The service is obtained by threat;

(A) The value of the service is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or

(B) The service is obtained by threat;

(3) Class D felony if the value of the service is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); or

(4) Class A misdemeanor if the theft of services: (A) Involves a theft of a utility service that results in the destruction or damage to a line, pipe, waterline, meter, or any other property of the utility; or (B) Is otherwise committed.

(A) Involves a theft of a utility service that results in the destruction or damage to a line, pipe, waterline, meter, or any other property of the utility; or

(B) Is otherwise committed.

(d) (1) In addition to any other fine that may be levied under § 5-4-201 , any person found guilty of theft of services under this section is required to make full restitution to the utility from which the service was obtained if the theft of services involves the theft of a utility service such as a gas, electricity, water, telephone, or cable television service. (2) For a prosecution brought under this subsection to enable the court to properly fix the amount of restitution, after appropriate investigation the prosecuting attorney shall recommend an amount that would make the utility whole with respect to: (A) The value of the service received; (B) The cost of repair of any damage to any: (i) Line; (ii) Pipe; (iii) Waterline; (iv) Meter; or (v) Other utility property; and (C) Any other measurable monetary damage directly related to the offense, including the expense of investigation. (3) If the defendant disagrees with the recommendation of the prosecuting attorney, he or she is entitled to introduce evidence in mitigation of the amount recommended. (4) The monetary judgment for restitution, as provided in this section, becomes a judgment against the offender and has the same force and effect as any other civil judgment recorded in this state.

(1) In addition to any other fine that may be levied under § 5-4-201 , any person found guilty of theft of services under this section is required to make full restitution to the utility from which the service was obtained if the theft of services involves the theft of a utility service such as a gas, electricity, water, telephone, or cable television service.

(2) For a prosecution brought under this subsection to enable the court to properly fix the amount of restitution, after appropriate investigation the prosecuting attorney shall recommend an amount that would make the utility whole with respect to: (A) The value of the service received; (B) The cost of repair of any damage to any: (i) Line; (ii) Pipe; (iii) Waterline; (iv) Meter; or (v) Other utility property; and (C) Any other measurable monetary damage directly related to the offense, including the expense of investigation.

(A) The value of the service received;

(B) The cost of repair of any damage to any: (i) Line; (ii) Pipe; (iii) Waterline; (iv) Meter; or (v) Other utility property; and

(i) Line;

(ii) Pipe;

(iii) Waterline;

(iv) Meter; or

(v) Other utility property; and

(C) Any other measurable monetary damage directly related to the offense, including the expense of investigation.

(3) If the defendant disagrees with the recommendation of the prosecuting attorney, he or she is entitled to introduce evidence in mitigation of the amount recommended.

(4) The monetary judgment for restitution, as provided in this section, becomes a judgment against the offender and has the same force and effect as any other civil judgment recorded in this state.

Acts 1975, No. 280, § 2204; 1977, No. 360, § 9; 1983, No. 719, § 2; A.S.A. 1947, § 41-2204; Acts 1997, No. 518, § 1; 1999, No. 986, § 1; 2011, No. 570, § 24; 2011, No. 1120, § 15.
Ark. Code Ann. § 5-65-205 — AR Code / Title 5 / Chapter 65 / Subchapter 2 / Section 5-65-205
Refusal to submit to a chemical test
Status: in_force

(a) (1) If a person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement agency as provided in § 5-65-202 : (A) A chemical test shall not be given; (B) The person's motor vehicle operator's license, permit, or other evidence of driving privilege shall be seized by the law enforcement officer; and (C) The law enforcement officer shall immediately deliver to the person from whom the motor vehicle operator's license, permit, or other evidence of driving privilege was seized a temporary driving permit under § 5-65-402 . (2) Refusal to submit to a chemical test under this subsection is a strict liability offense and is a violation. (b) (1) The Office of Driver Services shall suspend or revoke the driving privilege of an arrested person who refuses to submit to a chemical test under this subchapter. (2) (A) A person who refuses to submit to a chemical test of his or her breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the person's blood or breath shall have his or her driving privileges: (i) Suspended for one hundred eighty (180) days for a first offense; (ii) Suspended for two (2) years for a second offense occurring within five (5) years of the first offense; (iii) Revoked for three (3) years for a third offense occurring within five (5) years of the first offense; and (iv) Revoked for his or her lifetime for a fourth offense occurring within five (5) years of the first offense. (B) The office may issue an ignition interlock restricted license under § 5-65-118 immediately, but only: (i) To a person who is arrested for a first offense under this section; and (ii) When the person is arrested for operating or being in actual physical control of a motor vehicle or motorboat while intoxicated by the ingestion of alcohol. (C) The restricted driving permit provision of § 5-65-120 does not apply to a suspension for a first offense under this section. (c) The office shall consider any of the following that occurred within the five (5) years immediately before the current offense a previous offense for the purposes of enhancing the administrative penalty under this section: (1) A conviction for an offense of refusing to submit to a chemical test; and (2) A suspension or revocation of driving privileges for an arrest for refusing to submit to a chemical test when the person was not subsequently acquitted of the criminal charge. (d) The office shall deny the issuance of a license or permit to operate a motor vehicle to a person who is a resident and who violates this section but who does not have a license or permit to operate a motor vehicle, in addition to any other penalty under this section, for the following periods of time: (1) Six (6) months for a first offense; and (2) One (1) year for a second or subsequent offense. Amended by Act 2017, No. 1031,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 333,§ 5, eff. 8/1/2017. Amended by Act 2015, No. 1155,§ 12, eff. 7/22/2015. Amended by Act 2015, No. 299,§ 9, eff. 7/22/2015. Amended by Act 2013, No. 361,§ 8, eff. 8/16/2013. Amended by Act 2013, No. 361,§ 7, eff. 8/16/2013. Acts 1969, No. 106, § 1; 1971, No. 55, § 1; 1971, No. 306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549, § 11; A.S.A. 1947, § 75-1045; Acts 1987, No. 277, § 1; 1995, No. 802, §§ 4, 5; 1999, No. 1077, § 15; 2001, No. 1501, § 3; 2003, No. 1779, § 2; 2005, No. 1234, § 1; 2007, No. 712, § 2; 2009, No. 359, § 4; 2009, No. 633, § 4, 2009, No. 748, § 30.

(a) (1) If a person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement agency as provided in § 5-65-202 : (A) A chemical test shall not be given; (B) The person's motor vehicle operator's license, permit, or other evidence of driving privilege shall be seized by the law enforcement officer; and (C) The law enforcement officer shall immediately deliver to the person from whom the motor vehicle operator's license, permit, or other evidence of driving privilege was seized a temporary driving permit under § 5-65-402 . (2) Refusal to submit to a chemical test under this subsection is a strict liability offense and is a violation.

(1) If a person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement agency as provided in § 5-65-202 : (A) A chemical test shall not be given; (B) The person's motor vehicle operator's license, permit, or other evidence of driving privilege shall be seized by the law enforcement officer; and (C) The law enforcement officer shall immediately deliver to the person from whom the motor vehicle operator's license, permit, or other evidence of driving privilege was seized a temporary driving permit under § 5-65-402 .

(A) A chemical test shall not be given;

(B) The person's motor vehicle operator's license, permit, or other evidence of driving privilege shall be seized by the law enforcement officer; and

(C) The law enforcement officer shall immediately deliver to the person from whom the motor vehicle operator's license, permit, or other evidence of driving privilege was seized a temporary driving permit under § 5-65-402 .

(2) Refusal to submit to a chemical test under this subsection is a strict liability offense and is a violation.

(b) (1) The Office of Driver Services shall suspend or revoke the driving privilege of an arrested person who refuses to submit to a chemical test under this subchapter. (2) (A) A person who refuses to submit to a chemical test of his or her breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the person's blood or breath shall have his or her driving privileges: (i) Suspended for one hundred eighty (180) days for a first offense; (ii) Suspended for two (2) years for a second offense occurring within five (5) years of the first offense; (iii) Revoked for three (3) years for a third offense occurring within five (5) years of the first offense; and (iv) Revoked for his or her lifetime for a fourth offense occurring within five (5) years of the first offense. (B) The office may issue an ignition interlock restricted license under § 5-65-118 immediately, but only: (i) To a person who is arrested for a first offense under this section; and (ii) When the person is arrested for operating or being in actual physical control of a motor vehicle or motorboat while intoxicated by the ingestion of alcohol. (C) The restricted driving permit provision of § 5-65-120 does not apply to a suspension for a first offense under this section.

(1) The Office of Driver Services shall suspend or revoke the driving privilege of an arrested person who refuses to submit to a chemical test under this subchapter.

(2) (A) A person who refuses to submit to a chemical test of his or her breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the person's blood or breath shall have his or her driving privileges: (i) Suspended for one hundred eighty (180) days for a first offense; (ii) Suspended for two (2) years for a second offense occurring within five (5) years of the first offense; (iii) Revoked for three (3) years for a third offense occurring within five (5) years of the first offense; and (iv) Revoked for his or her lifetime for a fourth offense occurring within five (5) years of the first offense. (B) The office may issue an ignition interlock restricted license under § 5-65-118 immediately, but only: (i) To a person who is arrested for a first offense under this section; and (ii) When the person is arrested for operating or being in actual physical control of a motor vehicle or motorboat while intoxicated by the ingestion of alcohol. (C) The restricted driving permit provision of § 5-65-120 does not apply to a suspension for a first offense under this section.

(A) A person who refuses to submit to a chemical test of his or her breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the person's blood or breath shall have his or her driving privileges: (i) Suspended for one hundred eighty (180) days for a first offense; (ii) Suspended for two (2) years for a second offense occurring within five (5) years of the first offense; (iii) Revoked for three (3) years for a third offense occurring within five (5) years of the first offense; and (iv) Revoked for his or her lifetime for a fourth offense occurring within five (5) years of the first offense.

(i) Suspended for one hundred eighty (180) days for a first offense;

(ii) Suspended for two (2) years for a second offense occurring within five (5) years of the first offense;

(iii) Revoked for three (3) years for a third offense occurring within five (5) years of the first offense; and

(iv) Revoked for his or her lifetime for a fourth offense occurring within five (5) years of the first offense.

(B) The office may issue an ignition interlock restricted license under § 5-65-118 immediately, but only: (i) To a person who is arrested for a first offense under this section; and (ii) When the person is arrested for operating or being in actual physical control of a motor vehicle or motorboat while intoxicated by the ingestion of alcohol.

(i) To a person who is arrested for a first offense under this section; and

(ii) When the person is arrested for operating or being in actual physical control of a motor vehicle or motorboat while intoxicated by the ingestion of alcohol.

(C) The restricted driving permit provision of § 5-65-120 does not apply to a suspension for a first offense under this section.

(c) The office shall consider any of the following that occurred within the five (5) years immediately before the current offense a previous offense for the purposes of enhancing the administrative penalty under this section: (1) A conviction for an offense of refusing to submit to a chemical test; and (2) A suspension or revocation of driving privileges for an arrest for refusing to submit to a chemical test when the person was not subsequently acquitted of the criminal charge.

(1) A conviction for an offense of refusing to submit to a chemical test; and

(2) A suspension or revocation of driving privileges for an arrest for refusing to submit to a chemical test when the person was not subsequently acquitted of the criminal charge.

(d) The office shall deny the issuance of a license or permit to operate a motor vehicle to a person who is a resident and who violates this section but who does not have a license or permit to operate a motor vehicle, in addition to any other penalty under this section, for the following periods of time: (1) Six (6) months for a first offense; and (2) One (1) year for a second or subsequent offense.

(1) Six (6) months for a first offense; and

(2) One (1) year for a second or subsequent offense.

Amended by Act 2017, No. 1031,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 333,§ 5, eff. 8/1/2017.

Amended by Act 2015, No. 1155,§ 12, eff. 7/22/2015.

Amended by Act 2015, No. 299,§ 9, eff. 7/22/2015.

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

Amended by Act 2013, No. 361,§ 7, eff. 8/16/2013.

Acts 1969, No. 106, § 1; 1971, No. 55, § 1; 1971, No. 306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549, § 11; A.S.A. 1947, § 75-1045; Acts 1987, No. 277, § 1; 1995, No. 802, §§ 4, 5; 1999, No. 1077, § 15; 2001, No. 1501, § 3; 2003, No. 1779, § 2; 2005, No. 1234, § 1; 2007, No. 712, § 2; 2009, No. 359, § 4; 2009, No. 633, § 4, 2009, No. 748, § 30.
Ark. Code Ann. § 5-27-205 — AR Code / Title 5 / Chapter 27 / Subchapter 2 / Section 5-27-205
Endangering the welfare of a minor in the first degree
Status: in_force

(a) A person commits the offense of endangering the welfare of a minor in the first degree if, being a parent, guardian, person legally charged with care or custody of a minor, or a person charged with supervision of a minor, he or she purposely: (1) Engages in conduct creating a substantial risk of death or serious physical injury to a minor; or (2) Deserts a minor less than ten (10) years old under circumstances creating a substantial risk of death or serious physical injury. (b) Endangering the welfare of a minor in the first degree is a Class D felony. (c) (1) It is an affirmative defense to a prosecution under this section that a parent voluntarily delivered a child to and left the child with or in, or voluntarily arranged for another person to deliver a child to and leave the child with or in, a medical provider, law enforcement agency, fire department, or a newborn safety device as provided in § 9-34-201 et seq. (2) (A) Subdivision (c)(1) of this section does not create a defense to any prosecution arising from any conduct other than the act of delivering a child as described in subdivision (c)(1) of this section. (B) Subdivision (c)(1) of this section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed before the delivery of a child to a medical provider, law enforcement agency, fire department, or a newborn safety device as provided in § 9-34-201 et seq. Amended by Act 2023, No. 68,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 185,§ 1, eff. 7/24/2019. Acts 1975, No. 280, § 2407; A.S.A. 1947, § 41-2407; Acts 2001, No. 236, § 2; 2005, No. 2207, § 1.

(a) A person commits the offense of endangering the welfare of a minor in the first degree if, being a parent, guardian, person legally charged with care or custody of a minor, or a person charged with supervision of a minor, he or she purposely: (1) Engages in conduct creating a substantial risk of death or serious physical injury to a minor; or (2) Deserts a minor less than ten (10) years old under circumstances creating a substantial risk of death or serious physical injury.

(1) Engages in conduct creating a substantial risk of death or serious physical injury to a minor; or

(2) Deserts a minor less than ten (10) years old under circumstances creating a substantial risk of death or serious physical injury.

(b) Endangering the welfare of a minor in the first degree is a Class D felony.

(c) (1) It is an affirmative defense to a prosecution under this section that a parent voluntarily delivered a child to and left the child with or in, or voluntarily arranged for another person to deliver a child to and leave the child with or in, a medical provider, law enforcement agency, fire department, or a newborn safety device as provided in § 9-34-201 et seq. (2) (A) Subdivision (c)(1) of this section does not create a defense to any prosecution arising from any conduct other than the act of delivering a child as described in subdivision (c)(1) of this section. (B) Subdivision (c)(1) of this section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed before the delivery of a child to a medical provider, law enforcement agency, fire department, or a newborn safety device as provided in § 9-34-201 et seq.

(1) It is an affirmative defense to a prosecution under this section that a parent voluntarily delivered a child to and left the child with or in, or voluntarily arranged for another person to deliver a child to and leave the child with or in, a medical provider, law enforcement agency, fire department, or a newborn safety device as provided in § 9-34-201 et seq.

(2) (A) Subdivision (c)(1) of this section does not create a defense to any prosecution arising from any conduct other than the act of delivering a child as described in subdivision (c)(1) of this section. (B) Subdivision (c)(1) of this section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed before the delivery of a child to a medical provider, law enforcement agency, fire department, or a newborn safety device as provided in § 9-34-201 et seq.

(A) Subdivision (c)(1) of this section does not create a defense to any prosecution arising from any conduct other than the act of delivering a child as described in subdivision (c)(1) of this section.

(B) Subdivision (c)(1) of this section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed before the delivery of a child to a medical provider, law enforcement agency, fire department, or a newborn safety device as provided in § 9-34-201 et seq.

Amended by Act 2023, No. 68,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 185,§ 1, eff. 7/24/2019.

Acts 1975, No. 280, § 2407; A.S.A. 1947, § 41-2407; Acts 2001, No. 236, § 2; 2005, No. 2207, § 1.
Ark. Code Ann. § 5-68-404 — AR Code / Title 5 / Chapter 68 / Subchapter 4 / Section 5-68-404
Mailable matter subject to provisions of subchapter
Status: in_force

Any mailable matter that is sent or caused to be sent, brought, or caused to be brought into this state for sale or commercial distribution or that in this state is sold, exhibited or commercially distributed, given away, or offered to be given away, by any person with knowledge of the judgment, or is in the possession of any person with knowledge of the judgment with intent to sell or commercially distribute or exhibit or give away or offer to give away, is subject to the provisions of § 5-68-405 . Acts 1961, No. 261, § 12; A.S.A. 1947, § 41-3573.

Any mailable matter that is sent or caused to be sent, brought, or caused to be brought into this state for sale or commercial distribution or that in this state is sold, exhibited or commercially distributed, given away, or offered to be given away, by any person with knowledge of the judgment, or is in the possession of any person with knowledge of the judgment with intent to sell or commercially distribute or exhibit or give away or offer to give away, is subject to the provisions of § 5-68-405 .

Acts 1961, No. 261, § 12; A.S.A. 1947, § 41-3573.
Ark. Code Ann. § 5-4-404 — AR Code / Title 5 / Chapter 4 / Subchapter 4 / Section 5-4-404
Credit for time spent in custody
Status: in_force

If a defendant is held in custody for conduct that results in a sentence to imprisonment or confinement as a condition of suspension or probation, the court, the Division of Correction, or the Division of Community Correction shall credit the time spent in custody against the sentence, including time spent in a local jail facility awaiting transfer to the Division of Correction or the Division of Community Correction. Amended by Act 2019, No. 910,§ 658, eff. 7/1/2019. Acts 1975, No. 280, § 904; A.S.A. 1947, § 41-904; Acts 2001, No. 1034, § 1.

If a defendant is held in custody for conduct that results in a sentence to imprisonment or confinement as a condition of suspension or probation, the court, the Division of Correction, or the Division of Community Correction shall credit the time spent in custody against the sentence, including time spent in a local jail facility awaiting transfer to the Division of Correction or the Division of Community Correction.

Amended by Act 2019, No. 910,§ 658, eff. 7/1/2019.

Acts 1975, No. 280, § 904; A.S.A. 1947, § 41-904; Acts 2001, No. 1034, § 1.
Ark. Code Ann. § 5-39-201 — AR Code / Title 5 / Chapter 39 / Subchapter 2 / Section 5-39-201
Residential burglary - Commercial burglary
Status: in_force

(a) (1) A person commits residential burglary if he or she enters or remains unlawfully in a residential occupiable structure of another person with the purpose of committing in the residential occupiable structure any offense punishable by imprisonment. (2) Residential burglary is a Class B felony. (b) (1) A person commits commercial burglary if he or she enters or remains unlawfully in a commercial occupiable structure of another person with the purpose of committing in the commercial occupiable structure any offense punishable by imprisonment. (2) Commercial burglary is a Class C felony. (3) (A) A person who commits commercial burglary in which the commercial occupiable structure is a pharmacy as defined in § 17-92-101 is subject to an enhanced sentence of an additional term of imprisonment of five (5) years. (B) To seek the enhanced sentence established in this subdivision (b)(3), a prosecuting attorney shall notify the defendant in writing that the defendant is subject to the enhanced sentence. (C) If the defendant is charged by information or indictment, the prosecuting attorney may include the written notice required under subdivision (b)(3)(B) of this section in the information or indictment. (D) An enhanced sentence imposed under this subdivision (b)(3) is consecutive to any other sentence imposed. (E) A person convicted under this subdivision (b)(3) is ineligible to receive earned release credits for the enhanced portion of the sentence. Amended by Act 2023, No. 837,§ 1, eff. 8/1/2023. Acts 1975, No. 280, § 2002; A.S.A. 1947, § 41-2002; Acts 1993, No. 442, § 2; 1993, No. 552, § 2.

(a) (1) A person commits residential burglary if he or she enters or remains unlawfully in a residential occupiable structure of another person with the purpose of committing in the residential occupiable structure any offense punishable by imprisonment. (2) Residential burglary is a Class B felony.

(1) A person commits residential burglary if he or she enters or remains unlawfully in a residential occupiable structure of another person with the purpose of committing in the residential occupiable structure any offense punishable by imprisonment.

(2) Residential burglary is a Class B felony.

(b) (1) A person commits commercial burglary if he or she enters or remains unlawfully in a commercial occupiable structure of another person with the purpose of committing in the commercial occupiable structure any offense punishable by imprisonment. (2) Commercial burglary is a Class C felony. (3) (A) A person who commits commercial burglary in which the commercial occupiable structure is a pharmacy as defined in § 17-92-101 is subject to an enhanced sentence of an additional term of imprisonment of five (5) years. (B) To seek the enhanced sentence established in this subdivision (b)(3), a prosecuting attorney shall notify the defendant in writing that the defendant is subject to the enhanced sentence. (C) If the defendant is charged by information or indictment, the prosecuting attorney may include the written notice required under subdivision (b)(3)(B) of this section in the information or indictment. (D) An enhanced sentence imposed under this subdivision (b)(3) is consecutive to any other sentence imposed. (E) A person convicted under this subdivision (b)(3) is ineligible to receive earned release credits for the enhanced portion of the sentence.

(1) A person commits commercial burglary if he or she enters or remains unlawfully in a commercial occupiable structure of another person with the purpose of committing in the commercial occupiable structure any offense punishable by imprisonment.

(2) Commercial burglary is a Class C felony.

(3) (A) A person who commits commercial burglary in which the commercial occupiable structure is a pharmacy as defined in § 17-92-101 is subject to an enhanced sentence of an additional term of imprisonment of five (5) years. (B) To seek the enhanced sentence established in this subdivision (b)(3), a prosecuting attorney shall notify the defendant in writing that the defendant is subject to the enhanced sentence. (C) If the defendant is charged by information or indictment, the prosecuting attorney may include the written notice required under subdivision (b)(3)(B) of this section in the information or indictment. (D) An enhanced sentence imposed under this subdivision (b)(3) is consecutive to any other sentence imposed. (E) A person convicted under this subdivision (b)(3) is ineligible to receive earned release credits for the enhanced portion of the sentence.

(A) A person who commits commercial burglary in which the commercial occupiable structure is a pharmacy as defined in § 17-92-101 is subject to an enhanced sentence of an additional term of imprisonment of five (5) years.

(B) To seek the enhanced sentence established in this subdivision (b)(3), a prosecuting attorney shall notify the defendant in writing that the defendant is subject to the enhanced sentence.

(C) If the defendant is charged by information or indictment, the prosecuting attorney may include the written notice required under subdivision (b)(3)(B) of this section in the information or indictment.

(D) An enhanced sentence imposed under this subdivision (b)(3) is consecutive to any other sentence imposed.

(E) A person convicted under this subdivision (b)(3) is ineligible to receive earned release credits for the enhanced portion of the sentence.

Amended by Act 2023, No. 837,§ 1, eff. 8/1/2023.

Acts 1975, No. 280, § 2002; A.S.A. 1947, § 41-2002; Acts 1993, No. 442, § 2; 1993, No. 552, § 2.
Ark. Code Ann. § 5-2-327 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-327
Examination of defendant - Fitness to proceed
Status: in_force

(a) (1) Any party or the court may raise the issue of the defendant's fitness to proceed. (2) The court shall order an examination under this section if it finds there is a reasonable suspicion that a defendant is not fit to proceed. (3) (A) Subject to §§ 5-2-304 and 5-2-311 , the court shall immediately suspend further proceedings in a prosecution if it has ordered an examination under this section. (B) (i) If a jury has been impaneled and the court suspends proceedings under subdivision (a)(3)(A) of this section, the court may retain the jury or declare a mistrial and discharge the jury. (ii) A discharge of the jury is not a bar to further prosecution. (4) If a court suspends further proceedings in the prosecution under subdivision (a)(3)(A) of this section, the court shall enter an order: (A) Appointing one (1) or more experts who do not practice in the Arkansas State Hospital to examine the defendant and report on the defendant's mental condition; or (B) (i) Directing the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to provide an expert who will examine and report upon the defendant's mental condition. (ii) The director or his or her designee shall determine the location of the examination required under subdivision (a)(4)(B)(i) of this section. (b) An examination ordered under this section shall be for a period not exceeding sixty (60) days unless the director or his or her designee determines a longer period of examination is necessary for the purpose of the examination. (c) (1) A uniform order to be used by a court ordering an examination of a defendant's fitness to proceed under this section shall be developed by the Administrative Office of the Courts in conjunction with the following organizations: (A) The Arkansas Prosecuting Attorneys Association; (B) The Department of Human Services; and (C) The Arkansas Public Defender Commission. (2) The uniform order developed under this subsection shall contain the following information: (A) The defendant's name, age, gender, and race; (B) The criminal charges pending against the defendant; (C) The defendant's attorney's name and address; (D) The defendant's custody status; (E) The case number for which the examination was ordered; (F) A unique identifying number on the incident reporting form as required by the Arkansas Crime Information Center; and (G) The name of the requesting attorney, if applicable. (3) An examination under this section shall not be conducted without using the uniform order required under this subsection. (4) The uniform order shall require the prosecuting attorney to provide to the examiner any information relevant to the examination, including without limitation: (A) The name and address of any attorney involved in the matter; and (B) Information about the alleged offense. (5) The court may require the attorney for the defendant to provide any available information relevant to the examination, including without limitation: (A) Psychiatric records; (B) Medical records; or (C) Records pertaining to treatment of the defendant for substance or alcohol abuse. (d) (1) An examination report ordered under this section shall be filed with the clerk of the court ordering the examination and is a public record. (2) The court clerk shall provide copies of the examination report to the defendant's attorney and the prosecuting attorney. (e) (1) An examination report prepared by an examiner ordered under this section shall: (A) Contain an opinion as to whether or not the defendant is fit to proceed and the basis for the opinion; (B) Contain an opinion as to whether the defendant has a mental disease or defect; (C) Contain a substantiated diagnosis in the terminology of the American Psychiatric Association's most current edition of the Diagnostic and Statistical Manual of Mental Disorders; (D) Document that the examiner explained to the defendant: (i) The purpose of the examination; (ii) The persons to whom the examination report is provided; and (iii) The limits on rules of confidentiality applying to the relationship between the examiner and the defendant; and (E) Describe, in specific terms: (i) The procedures, techniques, and tests used in the examination; (ii) The purpose of each procedure, technique, or test; and (iii) The conclusions reached. (2) An examiner's opinion on the defendant's fitness to proceed or lack of fitness to proceed may not be based solely on the defendant's refusal to communicate during the examination. (3) (A) During an examination to determine a defendant's fitness to proceed and in any examination report based on that examination, an examiner shall consider: (i) The capacity of the defendant during criminal proceedings to: (a) Rationally understand the charges against him or her and the potential consequences of the pending criminal proceedings; (b) Disclose to the defendant's attorney pertinent facts, events, and states of mind; (c) Engage in a reasoned choice of legal strategies and options; (d) Understand the adversarial nature of criminal proceedings; (e) Exhibit appropriate courtroom behavior; and (f) Testify; (ii) As supported by current indications and the defendant's personal history, whether the defendant is a person with: (a) A mental disease or defect; or (b) An intellectual disability; and (iii) The degree of impairment resulting from the mental disease or defect or intellectual disability, if existent, and the specific impact on the defendant's capacity to engage with the defendant's attorney in an effective manner. (B) The information or lack of information contained in the examiner's report is not intended to limit the introduction of evidence regarding the defendant's fitness to proceed. (f) This subchapter does not preclude the defendant from having an examination conducted by an expert of the defendant's own choosing to determine the defendant's fitness to proceed, and the court shall provide the defendant's expert with a reasonable opportunity to examine the defendant upon a timely request. (g) When the defendant has previously been found fit to proceed, the court may order a second or subsequent examination to determine a defendant's fitness to proceed only if the court: (1) Finds reasonable cause to believe that new or previously undiscovered evidence calls into question the factual, legal, or scientific basis of the opinion upon which the previous finding of fitness relied; (2) Finds reasonable cause to believe that the defendant's mental condition has changed; or (3) Sets forth in the order a factual or legal basis upon which to order another examination. (h) Upon completion of examination under this section, the court may enter an order providing for further examination of the defendant and may order the defendant into the custody of the director for further examination and observation if the court determines that commitment and further examination are warranted. Added by Act 2017, No. 472,§ 14, eff. 8/1/2017.

(a) (1) Any party or the court may raise the issue of the defendant's fitness to proceed. (2) The court shall order an examination under this section if it finds there is a reasonable suspicion that a defendant is not fit to proceed. (3) (A) Subject to §§ 5-2-304 and 5-2-311 , the court shall immediately suspend further proceedings in a prosecution if it has ordered an examination under this section. (B) (i) If a jury has been impaneled and the court suspends proceedings under subdivision (a)(3)(A) of this section, the court may retain the jury or declare a mistrial and discharge the jury. (ii) A discharge of the jury is not a bar to further prosecution. (4) If a court suspends further proceedings in the prosecution under subdivision (a)(3)(A) of this section, the court shall enter an order: (A) Appointing one (1) or more experts who do not practice in the Arkansas State Hospital to examine the defendant and report on the defendant's mental condition; or (B) (i) Directing the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to provide an expert who will examine and report upon the defendant's mental condition. (ii) The director or his or her designee shall determine the location of the examination required under subdivision (a)(4)(B)(i) of this section.

(1) Any party or the court may raise the issue of the defendant's fitness to proceed.

(2) The court shall order an examination under this section if it finds there is a reasonable suspicion that a defendant is not fit to proceed.

(3) (A) Subject to §§ 5-2-304 and 5-2-311 , the court shall immediately suspend further proceedings in a prosecution if it has ordered an examination under this section. (B) (i) If a jury has been impaneled and the court suspends proceedings under subdivision (a)(3)(A) of this section, the court may retain the jury or declare a mistrial and discharge the jury. (ii) A discharge of the jury is not a bar to further prosecution.

(A) Subject to §§ 5-2-304 and 5-2-311 , the court shall immediately suspend further proceedings in a prosecution if it has ordered an examination under this section.

(B) (i) If a jury has been impaneled and the court suspends proceedings under subdivision (a)(3)(A) of this section, the court may retain the jury or declare a mistrial and discharge the jury. (ii) A discharge of the jury is not a bar to further prosecution.

(i) If a jury has been impaneled and the court suspends proceedings under subdivision (a)(3)(A) of this section, the court may retain the jury or declare a mistrial and discharge the jury.

(ii) A discharge of the jury is not a bar to further prosecution.

(4) If a court suspends further proceedings in the prosecution under subdivision (a)(3)(A) of this section, the court shall enter an order: (A) Appointing one (1) or more experts who do not practice in the Arkansas State Hospital to examine the defendant and report on the defendant's mental condition; or (B) (i) Directing the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to provide an expert who will examine and report upon the defendant's mental condition. (ii) The director or his or her designee shall determine the location of the examination required under subdivision (a)(4)(B)(i) of this section.

(A) Appointing one (1) or more experts who do not practice in the Arkansas State Hospital to examine the defendant and report on the defendant's mental condition; or

(B) (i) Directing the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to provide an expert who will examine and report upon the defendant's mental condition. (ii) The director or his or her designee shall determine the location of the examination required under subdivision (a)(4)(B)(i) of this section.

(i) Directing the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to provide an expert who will examine and report upon the defendant's mental condition.

(ii) The director or his or her designee shall determine the location of the examination required under subdivision (a)(4)(B)(i) of this section.

(b) An examination ordered under this section shall be for a period not exceeding sixty (60) days unless the director or his or her designee determines a longer period of examination is necessary for the purpose of the examination.

(c) (1) A uniform order to be used by a court ordering an examination of a defendant's fitness to proceed under this section shall be developed by the Administrative Office of the Courts in conjunction with the following organizations: (A) The Arkansas Prosecuting Attorneys Association; (B) The Department of Human Services; and (C) The Arkansas Public Defender Commission. (2) The uniform order developed under this subsection shall contain the following information: (A) The defendant's name, age, gender, and race; (B) The criminal charges pending against the defendant; (C) The defendant's attorney's name and address; (D) The defendant's custody status; (E) The case number for which the examination was ordered; (F) A unique identifying number on the incident reporting form as required by the Arkansas Crime Information Center; and (G) The name of the requesting attorney, if applicable. (3) An examination under this section shall not be conducted without using the uniform order required under this subsection. (4) The uniform order shall require the prosecuting attorney to provide to the examiner any information relevant to the examination, including without limitation: (A) The name and address of any attorney involved in the matter; and (B) Information about the alleged offense. (5) The court may require the attorney for the defendant to provide any available information relevant to the examination, including without limitation: (A) Psychiatric records; (B) Medical records; or (C) Records pertaining to treatment of the defendant for substance or alcohol abuse.

(1) A uniform order to be used by a court ordering an examination of a defendant's fitness to proceed under this section shall be developed by the Administrative Office of the Courts in conjunction with the following organizations: (A) The Arkansas Prosecuting Attorneys Association; (B) The Department of Human Services; and (C) The Arkansas Public Defender Commission.

(A) The Arkansas Prosecuting Attorneys Association;

(B) The Department of Human Services; and

(C) The Arkansas Public Defender Commission.

(2) The uniform order developed under this subsection shall contain the following information: (A) The defendant's name, age, gender, and race; (B) The criminal charges pending against the defendant; (C) The defendant's attorney's name and address; (D) The defendant's custody status; (E) The case number for which the examination was ordered; (F) A unique identifying number on the incident reporting form as required by the Arkansas Crime Information Center; and (G) The name of the requesting attorney, if applicable.

(A) The defendant's name, age, gender, and race;

(B) The criminal charges pending against the defendant;

(C) The defendant's attorney's name and address;

(D) The defendant's custody status;

(E) The case number for which the examination was ordered;

(F) A unique identifying number on the incident reporting form as required by the Arkansas Crime Information Center; and

(G) The name of the requesting attorney, if applicable.

(3) An examination under this section shall not be conducted without using the uniform order required under this subsection.

(4) The uniform order shall require the prosecuting attorney to provide to the examiner any information relevant to the examination, including without limitation: (A) The name and address of any attorney involved in the matter; and (B) Information about the alleged offense.

(A) The name and address of any attorney involved in the matter; and

(B) Information about the alleged offense.

(5) The court may require the attorney for the defendant to provide any available information relevant to the examination, including without limitation: (A) Psychiatric records; (B) Medical records; or (C) Records pertaining to treatment of the defendant for substance or alcohol abuse.

(A) Psychiatric records;

(B) Medical records; or

(C) Records pertaining to treatment of the defendant for substance or alcohol abuse.

(d) (1) An examination report ordered under this section shall be filed with the clerk of the court ordering the examination and is a public record. (2) The court clerk shall provide copies of the examination report to the defendant's attorney and the prosecuting attorney.

(1) An examination report ordered under this section shall be filed with the clerk of the court ordering the examination and is a public record.

(2) The court clerk shall provide copies of the examination report to the defendant's attorney and the prosecuting attorney.

(e) (1) An examination report prepared by an examiner ordered under this section shall: (A) Contain an opinion as to whether or not the defendant is fit to proceed and the basis for the opinion; (B) Contain an opinion as to whether the defendant has a mental disease or defect; (C) Contain a substantiated diagnosis in the terminology of the American Psychiatric Association's most current edition of the Diagnostic and Statistical Manual of Mental Disorders; (D) Document that the examiner explained to the defendant: (i) The purpose of the examination; (ii) The persons to whom the examination report is provided; and (iii) The limits on rules of confidentiality applying to the relationship between the examiner and the defendant; and (E) Describe, in specific terms: (i) The procedures, techniques, and tests used in the examination; (ii) The purpose of each procedure, technique, or test; and (iii) The conclusions reached. (2) An examiner's opinion on the defendant's fitness to proceed or lack of fitness to proceed may not be based solely on the defendant's refusal to communicate during the examination. (3) (A) During an examination to determine a defendant's fitness to proceed and in any examination report based on that examination, an examiner shall consider: (i) The capacity of the defendant during criminal proceedings to: (a) Rationally understand the charges against him or her and the potential consequences of the pending criminal proceedings; (b) Disclose to the defendant's attorney pertinent facts, events, and states of mind; (c) Engage in a reasoned choice of legal strategies and options; (d) Understand the adversarial nature of criminal proceedings; (e) Exhibit appropriate courtroom behavior; and (f) Testify; (ii) As supported by current indications and the defendant's personal history, whether the defendant is a person with: (a) A mental disease or defect; or (b) An intellectual disability; and (iii) The degree of impairment resulting from the mental disease or defect or intellectual disability, if existent, and the specific impact on the defendant's capacity to engage with the defendant's attorney in an effective manner. (B) The information or lack of information contained in the examiner's report is not intended to limit the introduction of evidence regarding the defendant's fitness to proceed.

(1) An examination report prepared by an examiner ordered under this section shall: (A) Contain an opinion as to whether or not the defendant is fit to proceed and the basis for the opinion; (B) Contain an opinion as to whether the defendant has a mental disease or defect; (C) Contain a substantiated diagnosis in the terminology of the American Psychiatric Association's most current edition of the Diagnostic and Statistical Manual of Mental Disorders; (D) Document that the examiner explained to the defendant: (i) The purpose of the examination; (ii) The persons to whom the examination report is provided; and (iii) The limits on rules of confidentiality applying to the relationship between the examiner and the defendant; and (E) Describe, in specific terms: (i) The procedures, techniques, and tests used in the examination; (ii) The purpose of each procedure, technique, or test; and (iii) The conclusions reached.

(A) Contain an opinion as to whether or not the defendant is fit to proceed and the basis for the opinion;

(B) Contain an opinion as to whether the defendant has a mental disease or defect;

(C) Contain a substantiated diagnosis in the terminology of the American Psychiatric Association's most current edition of the Diagnostic and Statistical Manual of Mental Disorders;

(D) Document that the examiner explained to the defendant: (i) The purpose of the examination; (ii) The persons to whom the examination report is provided; and (iii) The limits on rules of confidentiality applying to the relationship between the examiner and the defendant; and

(i) The purpose of the examination;

(ii) The persons to whom the examination report is provided; and

(iii) The limits on rules of confidentiality applying to the relationship between the examiner and the defendant; and

(E) Describe, in specific terms: (i) The procedures, techniques, and tests used in the examination; (ii) The purpose of each procedure, technique, or test; and (iii) The conclusions reached.

(i) The procedures, techniques, and tests used in the examination;

(ii) The purpose of each procedure, technique, or test; and

(iii) The conclusions reached.

(2) An examiner's opinion on the defendant's fitness to proceed or lack of fitness to proceed may not be based solely on the defendant's refusal to communicate during the examination.

(3) (A) During an examination to determine a defendant's fitness to proceed and in any examination report based on that examination, an examiner shall consider: (i) The capacity of the defendant during criminal proceedings to: (a) Rationally understand the charges against him or her and the potential consequences of the pending criminal proceedings; (b) Disclose to the defendant's attorney pertinent facts, events, and states of mind; (c) Engage in a reasoned choice of legal strategies and options; (d) Understand the adversarial nature of criminal proceedings; (e) Exhibit appropriate courtroom behavior; and (f) Testify; (ii) As supported by current indications and the defendant's personal history, whether the defendant is a person with: (a) A mental disease or defect; or (b) An intellectual disability; and (iii) The degree of impairment resulting from the mental disease or defect or intellectual disability, if existent, and the specific impact on the defendant's capacity to engage with the defendant's attorney in an effective manner. (B) The information or lack of information contained in the examiner's report is not intended to limit the introduction of evidence regarding the defendant's fitness to proceed.

(A) During an examination to determine a defendant's fitness to proceed and in any examination report based on that examination, an examiner shall consider: (i) The capacity of the defendant during criminal proceedings to: (a) Rationally understand the charges against him or her and the potential consequences of the pending criminal proceedings; (b) Disclose to the defendant's attorney pertinent facts, events, and states of mind; (c) Engage in a reasoned choice of legal strategies and options; (d) Understand the adversarial nature of criminal proceedings; (e) Exhibit appropriate courtroom behavior; and (f) Testify; (ii) As supported by current indications and the defendant's personal history, whether the defendant is a person with: (a) A mental disease or defect; or (b) An intellectual disability; and (iii) The degree of impairment resulting from the mental disease or defect or intellectual disability, if existent, and the specific impact on the defendant's capacity to engage with the defendant's attorney in an effective manner.

(i) The capacity of the defendant during criminal proceedings to: (a) Rationally understand the charges against him or her and the potential consequences of the pending criminal proceedings; (b) Disclose to the defendant's attorney pertinent facts, events, and states of mind; (c) Engage in a reasoned choice of legal strategies and options; (d) Understand the adversarial nature of criminal proceedings; (e) Exhibit appropriate courtroom behavior; and (f) Testify;

(a) Rationally understand the charges against him or her and the potential consequences of the pending criminal proceedings;

(b) Disclose to the defendant's attorney pertinent facts, events, and states of mind;

(c) Engage in a reasoned choice of legal strategies and options;

(d) Understand the adversarial nature of criminal proceedings;

(e) Exhibit appropriate courtroom behavior; and

(f) Testify;

(ii) As supported by current indications and the defendant's personal history, whether the defendant is a person with: (a) A mental disease or defect; or (b) An intellectual disability; and

(a) A mental disease or defect; or

(b) An intellectual disability; and

(iii) The degree of impairment resulting from the mental disease or defect or intellectual disability, if existent, and the specific impact on the defendant's capacity to engage with the defendant's attorney in an effective manner.

(B) The information or lack of information contained in the examiner's report is not intended to limit the introduction of evidence regarding the defendant's fitness to proceed.

(f) This subchapter does not preclude the defendant from having an examination conducted by an expert of the defendant's own choosing to determine the defendant's fitness to proceed, and the court shall provide the defendant's expert with a reasonable opportunity to examine the defendant upon a timely request.

(g) When the defendant has previously been found fit to proceed, the court may order a second or subsequent examination to determine a defendant's fitness to proceed only if the court: (1) Finds reasonable cause to believe that new or previously undiscovered evidence calls into question the factual, legal, or scientific basis of the opinion upon which the previous finding of fitness relied; (2) Finds reasonable cause to believe that the defendant's mental condition has changed; or (3) Sets forth in the order a factual or legal basis upon which to order another examination.

(1) Finds reasonable cause to believe that new or previously undiscovered evidence calls into question the factual, legal, or scientific basis of the opinion upon which the previous finding of fitness relied;

(2) Finds reasonable cause to believe that the defendant's mental condition has changed; or

(3) Sets forth in the order a factual or legal basis upon which to order another examination.

(h) Upon completion of examination under this section, the court may enter an order providing for further examination of the defendant and may order the defendant into the custody of the director for further examination and observation if the court determines that commitment and further examination are warranted.

Added by Act 2017, No. 472,§ 14, eff. 8/1/2017.
Ark. Code Ann. § 5-64-507 — AR Code / Title 5 / Chapter 64 / Subchapter 5 / Section 5-64-507
Conclusiveness of findings
Status: in_force

(a) Any final determination, finding, or conclusion of the Secretary of the Department of Health under this chapter is a final and conclusive decision of the matter involved. (b) Any person aggrieved by the decision may obtain review of the decision in the circuit court of the county. (c) If supported by substantial evidence, a finding of fact by the secretary is conclusive. Amended by Act 2019, No. 910,§ 4848, eff. 7/1/2019. Acts 1971, No. 590, Art. 5, § 7; A.S.A. 1947, § 82-2631; Acts 2005, No. 1994, § 311.

(a) Any final determination, finding, or conclusion of the Secretary of the Department of Health under this chapter is a final and conclusive decision of the matter involved.

(b) Any person aggrieved by the decision may obtain review of the decision in the circuit court of the county.

(c) If supported by substantial evidence, a finding of fact by the secretary is conclusive.

Amended by Act 2019, No. 910,§ 4848, eff. 7/1/2019.

Acts 1971, No. 590, Art. 5, § 7; A.S.A. 1947, § 82-2631; Acts 2005, No. 1994, § 311.
Ark. Code Ann. § 5-28-105 — AR Code / Title 5 / Chapter 28 / Subchapter 1 / Section 5-28-105
Spiritual treatment alone not abusive
Status: in_force

Nothing in this chapter shall be construed to imply that a reported adult endangered person or adult impaired person, who is being furnished with treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner of the recognized church or religious denomination, is for that reason alone a person who is: (1) Endangered; (2) Abused; (3) Neglected; (4) Maltreated; or (5) Exploited. Acts 1983, No. 452, § 4; A.S.A. 1947, § 59-1304; Acts 1995, No. 1338, § 2.

Nothing in this chapter shall be construed to imply that a reported adult endangered person or adult impaired person, who is being furnished with treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner of the recognized church or religious denomination, is for that reason alone a person who is:

(1) Endangered;

(2) Abused;

(3) Neglected;

(4) Maltreated; or

(5) Exploited.

Acts 1983, No. 452, § 4; A.S.A. 1947, § 59-1304; Acts 1995, No. 1338, § 2.
Ark. Code Ann. § 5-70-107 — AR Code / Title 5 / Chapter 70 / Section 5-70-107
Sexual solicitation of a minor
Status: in_force

(a) A person commits the offense of sexual solicitation of a minor if he or she: (1) Offers or agrees to pay a fee or provide a thing of value to a person who he or she knows or reasonably should know is a minor to engage in sexual activity with the person who he or she knows or reasonably should know is a minor; (2) Offers or agrees to pay a fee or provide a thing of value to another person for the purpose of engaging in sexual activity with a person who he or she knows or reasonably should know is a minor; (3) Solicits, offers, or agrees to accept a fee or a thing of value from another person for the purpose of allowing the other person to engage in sexual activity with a person who he or she knows or reasonably should know is a minor; or (4) Pays a fee or provides a thing of value to a person who he or she knows or reasonably should know is a minor or another person for the purpose of engaging in sexual activity with the person who he or she knows or reasonably should know is a minor. (b) It is an affirmative defense to a prosecution under this section that the actor in good faith reasonably believed that the minor was eighteen (18) years of age or older. (c) It is not a defense to a prosecution under this section that the minor consented to the sexual activity. (d) Sexual solicitation of a minor is a Class B felony. (e) (1) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000). (2) Fine payments received under subdivision (e)(1) of this section shall be deposited as follows: (A) Fifty percent (50%) into the Safe Harbor Fund for Sexually Exploited Children; and (B) Fifty percent (50%) into the Human Trafficking Victim Support Fund. Added by Act 2023, No. 722,§ 1, eff. 8/1/2023.

(a) A person commits the offense of sexual solicitation of a minor if he or she: (1) Offers or agrees to pay a fee or provide a thing of value to a person who he or she knows or reasonably should know is a minor to engage in sexual activity with the person who he or she knows or reasonably should know is a minor; (2) Offers or agrees to pay a fee or provide a thing of value to another person for the purpose of engaging in sexual activity with a person who he or she knows or reasonably should know is a minor; (3) Solicits, offers, or agrees to accept a fee or a thing of value from another person for the purpose of allowing the other person to engage in sexual activity with a person who he or she knows or reasonably should know is a minor; or (4) Pays a fee or provides a thing of value to a person who he or she knows or reasonably should know is a minor or another person for the purpose of engaging in sexual activity with the person who he or she knows or reasonably should know is a minor.

(1) Offers or agrees to pay a fee or provide a thing of value to a person who he or she knows or reasonably should know is a minor to engage in sexual activity with the person who he or she knows or reasonably should know is a minor;

(2) Offers or agrees to pay a fee or provide a thing of value to another person for the purpose of engaging in sexual activity with a person who he or she knows or reasonably should know is a minor;

(3) Solicits, offers, or agrees to accept a fee or a thing of value from another person for the purpose of allowing the other person to engage in sexual activity with a person who he or she knows or reasonably should know is a minor; or

(4) Pays a fee or provides a thing of value to a person who he or she knows or reasonably should know is a minor or another person for the purpose of engaging in sexual activity with the person who he or she knows or reasonably should know is a minor.

(b) It is an affirmative defense to a prosecution under this section that the actor in good faith reasonably believed that the minor was eighteen (18) years of age or older.

(c) It is not a defense to a prosecution under this section that the minor consented to the sexual activity.

(d) Sexual solicitation of a minor is a Class B felony.

(e) (1) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000). (2) Fine payments received under subdivision (e)(1) of this section shall be deposited as follows: (A) Fifty percent (50%) into the Safe Harbor Fund for Sexually Exploited Children; and (B) Fifty percent (50%) into the Human Trafficking Victim Support Fund.

(1) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000).

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

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

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

Added by Act 2023, No. 722,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 5-65-403 — AR Code / Title 5 / Chapter 65 / Subchapter 4 / Section 5-65-403
Notice and receipt from arresting officer
Status: in_force

(a) At the time of arrest for violating § 5-65-103 , § 5-65-303 , § 27-23-114(a)(1) , or § 27-23-114(a)(2) , the arresting law enforcement officer shall provide written notice to the arrested person: (1) That the registration of a motor vehicle owned by the arrested person is suspended effective in thirty (30) days if the arrested person's driving privileges have been suspended, disqualified, or revoked for violating § 5-65-103 , § 5-65-303 , § 27-23-114(a)(1) , or § 27-23-114(a)(2) in the previous five (5) years; (2) Of the right to a hearing within twenty (20) days; and (3) That the hearing request is required to be made within seven (7) calendar days of the notice being given if the arrested person wants to request a hearing. (b) The receipt shall also contain phone numbers and the address of the Office of Driver Services and inform the arrested person of the procedure for requesting a hearing. (c) If the Office of Driver Services is unable to conduct a hearing within the twenty-day period, a temporary permit shall be issued and is valid until the date of the hearing. (d) (1) The seized license, permit, or other evidence of driving privilege and a copy of the receipt form issued to the arrested person shall be: (A) Attached to the sworn report of the arresting law enforcement officer; and (B) Submitted by mail or in person to the Secretary of the Department of Finance and Administration or his or her designated representative within seven (7) days of the issuance of the receipt. (2) The failure of the arresting law enforcement officer to timely file the sworn report does not affect the authority of the Office of Driver Services to suspend the registration of a motor vehicle owned by the arrested person. (e) A notice from the Office of Driver Services required under this section that is not personally delivered shall be sent as provided by § 5-65-402 . (f) (1) If the arrested person is a nonresident, the arrested person's motor vehicle registration in Arkansas shall be suspended in the same manner as that of a resident. (2) The Office of Driver Services shall notify the out-of-state entity that issued the nonresident's motor vehicle registration of the action taken by the Office of Driver Services. (g) The hearing shall be held by the Office of Driver Services at the conclusion of any hearing under § 5-65-402 and the scope of the hearing is limited to: (1) Determining if the arrested person's driving privileges had been suspended, revoked, or disqualified for violation of § 5-65-103 , § 5-65-303 , § 27-23-114(a)(1) , or § 27-23-114(a)(2) in the five (5) years prior to the current offense; and (2) Determining if any motor vehicle is licensed or registered in the arrested person's name as either owner or co-owner of the motor vehicle. (h) (1) (A) A person adversely affected by the hearing disposition order of the Office of Driver Services or its authorized agent may file a de novo petition for review within thirty (30) days in the circuit court in the county where the offense took place. (B) The filing of a petition for review does not stay or place in abeyance the decision of the Office of Driver Services or its authorized agent. (2) An administrative hearing held under this section is exempt from the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (3) The circuit court shall hear the case de novo on review in order to determine whether, based on a preponderance of the evidence, a ground exists for suspension of the person's motor vehicle registration. (i) The suspension ordered shall be equal to the suspension of driving privileges ordered under § 5-65-402 or one (1) year, whichever is longer, but shall not exceed five (5) years. (j) (1) (A) Upon determination that a person is completely dependent on the motor vehicle for the necessities of life, the secretary may grant a restricted registration to a family member or co-owner of any immobilized motor vehicle. (B) A restricted registration is not valid for use by the person whose driving privileges have been suspended or revoked. (2) Operation of a motor vehicle in a manner inconsistent with the restricted registration or license plate has the same effect as operating an unlicensed motor vehicle. (k) If the secretary orders immobilization of a motor vehicle, notice of immobilization shall be sent by first-class mail to any persons, other than the arrested person, listed as an owner or co-owner of the immobilized motor vehicle in the records of the Office of Motor Vehicle. Amended by Act 2019, No. 910,§ 3363, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3362, eff. 7/1/2019. Amended by Act 2015, No. 299,§ 15, eff. 7/22/2015. Acts 1999, No. 1077, § 21.

(a) At the time of arrest for violating § 5-65-103 , § 5-65-303 , § 27-23-114(a)(1) , or § 27-23-114(a)(2) , the arresting law enforcement officer shall provide written notice to the arrested person: (1) That the registration of a motor vehicle owned by the arrested person is suspended effective in thirty (30) days if the arrested person's driving privileges have been suspended, disqualified, or revoked for violating § 5-65-103 , § 5-65-303 , § 27-23-114(a)(1) , or § 27-23-114(a)(2) in the previous five (5) years; (2) Of the right to a hearing within twenty (20) days; and (3) That the hearing request is required to be made within seven (7) calendar days of the notice being given if the arrested person wants to request a hearing.

(1) That the registration of a motor vehicle owned by the arrested person is suspended effective in thirty (30) days if the arrested person's driving privileges have been suspended, disqualified, or revoked for violating § 5-65-103 , § 5-65-303 , § 27-23-114(a)(1) , or § 27-23-114(a)(2) in the previous five (5) years;

(2) Of the right to a hearing within twenty (20) days; and

(3) That the hearing request is required to be made within seven (7) calendar days of the notice being given if the arrested person wants to request a hearing.

(b) The receipt shall also contain phone numbers and the address of the Office of Driver Services and inform the arrested person of the procedure for requesting a hearing.

(c) If the Office of Driver Services is unable to conduct a hearing within the twenty-day period, a temporary permit shall be issued and is valid until the date of the hearing.

(d) (1) The seized license, permit, or other evidence of driving privilege and a copy of the receipt form issued to the arrested person shall be: (A) Attached to the sworn report of the arresting law enforcement officer; and (B) Submitted by mail or in person to the Secretary of the Department of Finance and Administration or his or her designated representative within seven (7) days of the issuance of the receipt. (2) The failure of the arresting law enforcement officer to timely file the sworn report does not affect the authority of the Office of Driver Services to suspend the registration of a motor vehicle owned by the arrested person.

(1) The seized license, permit, or other evidence of driving privilege and a copy of the receipt form issued to the arrested person shall be: (A) Attached to the sworn report of the arresting law enforcement officer; and (B) Submitted by mail or in person to the Secretary of the Department of Finance and Administration or his or her designated representative within seven (7) days of the issuance of the receipt.

(A) Attached to the sworn report of the arresting law enforcement officer; and

(B) Submitted by mail or in person to the Secretary of the Department of Finance and Administration or his or her designated representative within seven (7) days of the issuance of the receipt.

(2) The failure of the arresting law enforcement officer to timely file the sworn report does not affect the authority of the Office of Driver Services to suspend the registration of a motor vehicle owned by the arrested person.

(e) A notice from the Office of Driver Services required under this section that is not personally delivered shall be sent as provided by § 5-65-402 .

(f) (1) If the arrested person is a nonresident, the arrested person's motor vehicle registration in Arkansas shall be suspended in the same manner as that of a resident. (2) The Office of Driver Services shall notify the out-of-state entity that issued the nonresident's motor vehicle registration of the action taken by the Office of Driver Services.

(1) If the arrested person is a nonresident, the arrested person's motor vehicle registration in Arkansas shall be suspended in the same manner as that of a resident.

(2) The Office of Driver Services shall notify the out-of-state entity that issued the nonresident's motor vehicle registration of the action taken by the Office of Driver Services.

(g) The hearing shall be held by the Office of Driver Services at the conclusion of any hearing under § 5-65-402 and the scope of the hearing is limited to: (1) Determining if the arrested person's driving privileges had been suspended, revoked, or disqualified for violation of § 5-65-103 , § 5-65-303 , § 27-23-114(a)(1) , or § 27-23-114(a)(2) in the five (5) years prior to the current offense; and (2) Determining if any motor vehicle is licensed or registered in the arrested person's name as either owner or co-owner of the motor vehicle.

(1) Determining if the arrested person's driving privileges had been suspended, revoked, or disqualified for violation of § 5-65-103 , § 5-65-303 , § 27-23-114(a)(1) , or § 27-23-114(a)(2) in the five (5) years prior to the current offense; and

(2) Determining if any motor vehicle is licensed or registered in the arrested person's name as either owner or co-owner of the motor vehicle.

(h) (1) (A) A person adversely affected by the hearing disposition order of the Office of Driver Services or its authorized agent may file a de novo petition for review within thirty (30) days in the circuit court in the county where the offense took place. (B) The filing of a petition for review does not stay or place in abeyance the decision of the Office of Driver Services or its authorized agent. (2) An administrative hearing held under this section is exempt from the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (3) The circuit court shall hear the case de novo on review in order to determine whether, based on a preponderance of the evidence, a ground exists for suspension of the person's motor vehicle registration.

(1) (A) A person adversely affected by the hearing disposition order of the Office of Driver Services or its authorized agent may file a de novo petition for review within thirty (30) days in the circuit court in the county where the offense took place. (B) The filing of a petition for review does not stay or place in abeyance the decision of the Office of Driver Services or its authorized agent.

(A) A person adversely affected by the hearing disposition order of the Office of Driver Services or its authorized agent may file a de novo petition for review within thirty (30) days in the circuit court in the county where the offense took place.

(B) The filing of a petition for review does not stay or place in abeyance the decision of the Office of Driver Services or its authorized agent.

(2) An administrative hearing held under this section is exempt from the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(3) The circuit court shall hear the case de novo on review in order to determine whether, based on a preponderance of the evidence, a ground exists for suspension of the person's motor vehicle registration.

(i) The suspension ordered shall be equal to the suspension of driving privileges ordered under § 5-65-402 or one (1) year, whichever is longer, but shall not exceed five (5) years.

(j) (1) (A) Upon determination that a person is completely dependent on the motor vehicle for the necessities of life, the secretary may grant a restricted registration to a family member or co-owner of any immobilized motor vehicle. (B) A restricted registration is not valid for use by the person whose driving privileges have been suspended or revoked. (2) Operation of a motor vehicle in a manner inconsistent with the restricted registration or license plate has the same effect as operating an unlicensed motor vehicle.

(1) (A) Upon determination that a person is completely dependent on the motor vehicle for the necessities of life, the secretary may grant a restricted registration to a family member or co-owner of any immobilized motor vehicle. (B) A restricted registration is not valid for use by the person whose driving privileges have been suspended or revoked.

(A) Upon determination that a person is completely dependent on the motor vehicle for the necessities of life, the secretary may grant a restricted registration to a family member or co-owner of any immobilized motor vehicle.

(B) A restricted registration is not valid for use by the person whose driving privileges have been suspended or revoked.

(2) Operation of a motor vehicle in a manner inconsistent with the restricted registration or license plate has the same effect as operating an unlicensed motor vehicle.

(k) If the secretary orders immobilization of a motor vehicle, notice of immobilization shall be sent by first-class mail to any persons, other than the arrested person, listed as an owner or co-owner of the immobilized motor vehicle in the records of the Office of Motor Vehicle.

Amended by Act 2019, No. 910,§ 3363, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3362, eff. 7/1/2019.

Amended by Act 2015, No. 299,§ 15, eff. 7/22/2015.

Acts 1999, No. 1077, § 21.
Ark. Code Ann. § 5-64-415 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-415
Drug precursors
Status: in_force

(a) Definition. (1) "Drug precursor" means any substance, material, compound, mixture, or preparation listed in rules promulgated or adopted pursuant to this section or any of their salts or isomers. (2) "Drug precursor" specifically excludes those substances, materials, compounds, mixtures, or preparations that: (A) Are prepared for dispensing pursuant to a prescription or over-the-counter distribution as a substance that is generally recognized as safe and effective within the meaning of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as amended; or (B) Have been manufactured, distributed, or possessed in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of § 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 355 , as amended. (b) Authority to Control Drug Precursors by Rule. (1) (A) The Department of Health shall promulgate by rule a list of drug precursors, comprised of any substance, material, compound, mixture, or preparation or any of their salts or isomers that are drug precursors. (B) The Department of Health may add substances to, delete substances from, and reschedule substances listed in the drug precursors list pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (2) In making a determination regarding a substance to be placed on the drug precursor list, the Department of Health shall consider the following: (A) Whether the substance is an immediate precursor of a controlled substance; (B) The actual or relative potential for abuse; (C) The scientific evidence of the substance's pharmacological effect, if known; (D) The state of current scientific knowledge regarding the substance or the controlled substance for which it is a precursor; (E) The history and current pattern of abuse of the controlled substance for which the substance is a precursor; (F) The scope, duration, and significance of abuse of the controlled substance for which the substance is a precursor; (G) The risk to the public health; and (H) The potential of the substance or the controlled substance to produce psychic or physiological dependence liability. (3) The Department of Health may consider findings of the United States Food and Drug Administration or the United States Drug Enforcement Administration as prima facie evidence relating to one (1) or more of the factors listed in subdivision (b)(2) of this section in connection with the Department of Health's determination. (4) (A) After considering the factors enumerated in subdivision (b)(2) of this section, the Department of Health shall make findings with respect to the factors and shall promulgate a rule controlling a substance as a drug precursor upon a finding that the substance has a potential for abuse. (B) If the Department of Health designates a substance as an immediate drug precursor, a substance that is a precursor of the controlled precursor is not subject to control solely because it is a precursor of the controlled precursor. (5) Authority to control under this section does not extend to an alcoholic beverage, alcoholic liquor, a fermented malt beverage, or tobacco. (c) License Required - Controlled Substances Drug Precursors. (1) (A) The Department of Health may promulgate rules and charge reasonable fees of not more than twenty-five dollars ($25.00) relating to the licensing and control of the manufacture, possession, transfer, and transportation of a drug precursor. (B) (i) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, a cash fund to be known as the "Health Department Drug Precursor Cash Fund". (ii) The fees established under this subsection shall be collected by the Department of Health and transmitted to the Treasurer of State, who shall credit the fees to the Health Department Drug Precursor Cash Fund. (iii) The fund shall be administered by the Division of Pharmacy Services and Drug Control of the Department of Health. (2) Any person that manufactures, possesses, transfers, or transports any drug precursor or that proposes to engage in the manufacture, possession, transfer, or transportation of any drug precursor shall annually obtain a license issued by the Department of Health. (3) A person licensed by the Department of Health to manufacture, possess, transfer, or transport a drug precursor may manufacture, possess, transfer, or transport the drug precursor to the extent authorized by the person's license and in conformity with any other provision of law. (4) The following persons are not required to be licensed under this subsection and may lawfully possess a drug precursor: (A) A physician, dentist, pharmacist, veterinarian, or podiatrist; (B) An agent of any manufacturer, or wholesaler of any drug precursor if the agent is acting in the usual course of his or her principal's business or employment; (C) An employee of a licensed common or contract carrier or licensed warehouseman whose possession of any drug precursor is in the usual course of the licensed common or contract carrier or licensed warehouseman's business; (D) A student enrolled in a college chemistry class for credit if the student's use of the drug precursor is for a bona fide educational purpose and the educational institution otherwise possesses all the necessary licenses required by the Department of Health; (E) An officer or employee of an appropriate agency of federal, state, or local government and a law enforcement agency acting pursuant to its official duties; and (F) Any researcher, including an analytical laboratory, experimenting with, studying, or testing any drug analog that is licensed by the Department of Health pursuant to the requirements of this subsection. (d) Waiver. The Department of Health may waive by rule the requirement for licensing of certain manufacturers if the waiver is consistent with the public health and safety. (e) Issuance of License - Fees. (1) (A) The Department of Health shall license an applicant to manufacture, possess, transfer, or transport a drug precursor unless it determines that the issuance of the license would be inconsistent with the public interest. (B) In determining the public interest, the Department of Health shall consider the following factors: (i) Maintenance of effective controls against diversion of a drug precursor other than a legitimate medical, scientific, or industrial channel; (ii) Compliance with applicable state and local law; (iii) Any conviction of the applicant under federal or state law relating to any controlled substance or drug precursor; (iv) Past experience in the manufacture, possession, transfer, or transportation of a drug precursor and the existence in the applicant's establishment of effective controls against diversion; (v) Furnishing by the applicant of false or fraudulent material in any application filed under subsection (c) of this section; (vi) Suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense a controlled substance or drug precursor authorized by federal law; and (vii) Any other factor relevant to and consistent with the public health and safety. (2) Licensing under this section does not entitle a licensee to manufacture, possess, transfer, or transport a drug precursor other than a drug precursor allowed in the license. (f) Denial, Revocation, or Suspension of License. (1) The Department of Health may deny, revoke, or suspend a license issued pursuant to subsection (c) of this section for any of the following reasons: (A) If a licensee is convicted of or has accepted by a court a plea of guilty or nolo contendere to a felony under any state or federal law relating to a controlled substance or a drug precursor; (B) (i) If a licensee has its federal registration to manufacture, conduct research on, distribute, or dispense a controlled substance or a drug precursor suspended or revoked. (ii) The Department of Health may limit revocation or suspension of a license to the particular controlled substance or drug precursor that was the basis for revocation or suspension; or (C) If a licensee commits an unlawful act as enumerated in subsection (g) of this section. (2) (A) (i) When the Department of Health suspends or revokes a license, any controlled substance or drug precursor owned or possessed by the licensee at the time of the suspension or on the effective date of the revocation order may be placed under seal. (ii) No disposition may be made of a controlled substance or drug precursor under seal until the time for making an appeal has elapsed or until all appeals have been concluded unless a court orders otherwise or orders the sale of any perishable controlled substance or drug precursor and the deposit of the proceeds with the court. (B) Upon a revocation order becoming final: (i) Any controlled substance and any drug precursor may be forfeited to the Department of Health; (ii) Any expense of disposing of a forfeited controlled substance or drug precursor shall be borne by the licensee; (iii) The court may order the licensee to pay a reasonable sum of money to the Department of Health to cover the expenses of disposition; and (iv) The Department of Health may seek enforcement of the order of payment, or reimbursement for any expenses through any lawful means. (g) Unlawful Acts - Licenses - Penalties. (1) It is unlawful to: (A) Knowingly transfer a drug precursor except to an authorized licensee; (B) Knowingly use in the course of the manufacture or transfer of a drug precursor a license number which is fictitious, revoked, suspended, or issued to another person; (C) Knowingly acquire or obtain, or attempt to acquire or obtain, possession of a drug precursor by misrepresentation, fraud, forgery, deception, or subterfuge; (D) Knowingly furnish false or fraudulent material information in, or omitting any material information from, any application, report, or other document required to be kept or filed under this section or any record required to be kept by this section; (E) Have knowledge of the manufacture of a drug precursor not authorized by a licensee's license, or have knowledge of the transfer of a drug precursor not authorized by the licensee's license to another licensee or authorized person; (F) Refuse entry into any premises for any inspection authorized by this section; or (G) Manufacture, possess, transfer, or transport a drug precursor without the appropriate license or in violation of any rule of the Department of Health. (2) Any person who violates a provision of this subsection is guilty of a Class D felony. (h) Records to be Kept - Order Forms. (1) A manufacturer, wholesaler, retailer, or other person that sells, transfers, or otherwise furnishes any drug precursor to a person shall make an accurate and legible record of the transaction and maintain the record for a period of at least two (2) years after the date of the transaction. (2) Before selling, transferring, or otherwise furnishing to a person in this state a drug precursor, a manufacturer, wholesaler, retailer, or other person shall: (A) If the recipient does not represent a business, obtain from the recipient: (i) The recipient's driver's license number or other personal identification certificate number, date of birth, and residential or mailing address, other than a post office box number, from a driver's license or personal identification card issued by the Department of Finance and Administration that contains a photograph of the recipient; (ii) The year, state, and number of the motor vehicle license of the motor vehicle owned or operated by the recipient; (iii) A complete description of how the drug precursor is to be used; and (iv) The recipient's signature; (B) If the recipient represents a business, obtain from the recipient: (i) A letter of authorization from the business that includes the business license or comptroller tax identification number, address, area code, and telephone number, and a complete description of how the drug precursor is to be used; and (ii) The recipient's signature; and (C) For any recipient, sign as a witness to the signature and identification of the recipient. (3) (A) Except as otherwise provided in this section, a manufacturer, wholesaler, retailer, or other person that sells, transfers, or otherwise furnishes to a person in this state a drug precursor shall submit to the Department of Health, at least twenty-one (21) days before the delivery of the drug precursor, a report of the transaction on a form obtained from the Department of Health that includes the information required by subdivision (h)(2)(A) or subdivision (h)(2)(B) of this section. (B) A copy of this report shall be transmitted to the Division of Arkansas State Police. (i) Reports of Theft, Loss, Shipping Discrepancies, and Other Transactions. (1) The theft or loss of any drug precursor discovered by any person regulated by this section shall be reported to the Department of Health and the Division of Arkansas State Police within three (3) days after the discovery. (2) (A) Any difference between the quantity of any drug precursor received and the quantity shipped shall be reported to the Department of Health within three (3) days after the receipt of actual knowledge of the discrepancy. (B) When applicable, any report made pursuant to this subsection shall also include the name of any common carrier or person that transported the substance and the date of shipment of the substance. (3) Any manufacturer, wholesaler, retailer, or other person subject to any other reporting requirement in this section that receives from a source outside of this state any drug precursor specified in rules promulgated pursuant to this section shall submit a report of the transaction to the Department of Health in accordance with rules adopted by the Department of Health. (4) Any person violating any provision of this subsection is guilty of a Class A misdemeanor. (5) The Department of Health may authorize a manufacturer, wholesaler, retailer, or other person to submit a comprehensive monthly report instead of the report required by subdivision (i)(2)(A) of this section if the Secretary of the Department of Health determines that: (A) There is a pattern of regular supply and purchase of the drug precursor between the furnisher and the recipient; or (B) The recipient has established a record of utilization of the drug precursor solely for a lawful purpose. (j) Investigations and Inspections. (1) The Division of Arkansas State Police specifically may investigate any violation of a provision of this section, and enforce its provisions. (2) Further, the Division of Arkansas State Police and the Department of Health shall exchange information gathered or received by either agency under the provisions of this section. (3) Any record kept by a licensee pursuant to this section is open to inspection by an authorized investigator of the Division of Arkansas State Police or the Department of Health during normal business hours and at any other reasonable time. (k) In addition to rules authorized by a provision of this section, the Department of Health may promulgate necessary rules to carry out the provisions of this section. Amended by Act 2019, No. 315,§ 163, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 162, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 161, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 160, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 159, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 158, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 157, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4845, eff. 7/1/2019. Amended by Act 2017, No. 333,§ 2, eff. 8/1/2017. Acts 1991, No. 954, §§ 1, 3, 4; 2007, No. 827, §§ 63, 64.

(a) Definition. (1) "Drug precursor" means any substance, material, compound, mixture, or preparation listed in rules promulgated or adopted pursuant to this section or any of their salts or isomers. (2) "Drug precursor" specifically excludes those substances, materials, compounds, mixtures, or preparations that: (A) Are prepared for dispensing pursuant to a prescription or over-the-counter distribution as a substance that is generally recognized as safe and effective within the meaning of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as amended; or (B) Have been manufactured, distributed, or possessed in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of § 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 355 , as amended.

(1) "Drug precursor" means any substance, material, compound, mixture, or preparation listed in rules promulgated or adopted pursuant to this section or any of their salts or isomers.

(2) "Drug precursor" specifically excludes those substances, materials, compounds, mixtures, or preparations that: (A) Are prepared for dispensing pursuant to a prescription or over-the-counter distribution as a substance that is generally recognized as safe and effective within the meaning of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as amended; or (B) Have been manufactured, distributed, or possessed in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of § 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 355 , as amended.

(A) Are prepared for dispensing pursuant to a prescription or over-the-counter distribution as a substance that is generally recognized as safe and effective within the meaning of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as amended; or

(B) Have been manufactured, distributed, or possessed in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of § 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 355 , as amended.

(b) Authority to Control Drug Precursors by Rule. (1) (A) The Department of Health shall promulgate by rule a list of drug precursors, comprised of any substance, material, compound, mixture, or preparation or any of their salts or isomers that are drug precursors. (B) The Department of Health may add substances to, delete substances from, and reschedule substances listed in the drug precursors list pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (2) In making a determination regarding a substance to be placed on the drug precursor list, the Department of Health shall consider the following: (A) Whether the substance is an immediate precursor of a controlled substance; (B) The actual or relative potential for abuse; (C) The scientific evidence of the substance's pharmacological effect, if known; (D) The state of current scientific knowledge regarding the substance or the controlled substance for which it is a precursor; (E) The history and current pattern of abuse of the controlled substance for which the substance is a precursor; (F) The scope, duration, and significance of abuse of the controlled substance for which the substance is a precursor; (G) The risk to the public health; and (H) The potential of the substance or the controlled substance to produce psychic or physiological dependence liability. (3) The Department of Health may consider findings of the United States Food and Drug Administration or the United States Drug Enforcement Administration as prima facie evidence relating to one (1) or more of the factors listed in subdivision (b)(2) of this section in connection with the Department of Health's determination. (4) (A) After considering the factors enumerated in subdivision (b)(2) of this section, the Department of Health shall make findings with respect to the factors and shall promulgate a rule controlling a substance as a drug precursor upon a finding that the substance has a potential for abuse. (B) If the Department of Health designates a substance as an immediate drug precursor, a substance that is a precursor of the controlled precursor is not subject to control solely because it is a precursor of the controlled precursor. (5) Authority to control under this section does not extend to an alcoholic beverage, alcoholic liquor, a fermented malt beverage, or tobacco.

(1) (A) The Department of Health shall promulgate by rule a list of drug precursors, comprised of any substance, material, compound, mixture, or preparation or any of their salts or isomers that are drug precursors. (B) The Department of Health may add substances to, delete substances from, and reschedule substances listed in the drug precursors list pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(A) The Department of Health shall promulgate by rule a list of drug precursors, comprised of any substance, material, compound, mixture, or preparation or any of their salts or isomers that are drug precursors.

(B) The Department of Health may add substances to, delete substances from, and reschedule substances listed in the drug precursors list pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(2) In making a determination regarding a substance to be placed on the drug precursor list, the Department of Health shall consider the following: (A) Whether the substance is an immediate precursor of a controlled substance; (B) The actual or relative potential for abuse; (C) The scientific evidence of the substance's pharmacological effect, if known; (D) The state of current scientific knowledge regarding the substance or the controlled substance for which it is a precursor; (E) The history and current pattern of abuse of the controlled substance for which the substance is a precursor; (F) The scope, duration, and significance of abuse of the controlled substance for which the substance is a precursor; (G) The risk to the public health; and (H) The potential of the substance or the controlled substance to produce psychic or physiological dependence liability.

(A) Whether the substance is an immediate precursor of a controlled substance;

(B) The actual or relative potential for abuse;

(C) The scientific evidence of the substance's pharmacological effect, if known;

(D) The state of current scientific knowledge regarding the substance or the controlled substance for which it is a precursor;

(E) The history and current pattern of abuse of the controlled substance for which the substance is a precursor;

(F) The scope, duration, and significance of abuse of the controlled substance for which the substance is a precursor;

(G) The risk to the public health; and

(H) The potential of the substance or the controlled substance to produce psychic or physiological dependence liability.

(3) The Department of Health may consider findings of the United States Food and Drug Administration or the United States Drug Enforcement Administration as prima facie evidence relating to one (1) or more of the factors listed in subdivision (b)(2) of this section in connection with the Department of Health's determination.

(4) (A) After considering the factors enumerated in subdivision (b)(2) of this section, the Department of Health shall make findings with respect to the factors and shall promulgate a rule controlling a substance as a drug precursor upon a finding that the substance has a potential for abuse. (B) If the Department of Health designates a substance as an immediate drug precursor, a substance that is a precursor of the controlled precursor is not subject to control solely because it is a precursor of the controlled precursor.

(A) After considering the factors enumerated in subdivision (b)(2) of this section, the Department of Health shall make findings with respect to the factors and shall promulgate a rule controlling a substance as a drug precursor upon a finding that the substance has a potential for abuse.

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

(5) Authority to control under this section does not extend to an alcoholic beverage, alcoholic liquor, a fermented malt beverage, or tobacco.

(c) License Required - Controlled Substances Drug Precursors. (1) (A) The Department of Health may promulgate rules and charge reasonable fees of not more than twenty-five dollars ($25.00) relating to the licensing and control of the manufacture, possession, transfer, and transportation of a drug precursor. (B) (i) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, a cash fund to be known as the "Health Department Drug Precursor Cash Fund". (ii) The fees established under this subsection shall be collected by the Department of Health and transmitted to the Treasurer of State, who shall credit the fees to the Health Department Drug Precursor Cash Fund. (iii) The fund shall be administered by the Division of Pharmacy Services and Drug Control of the Department of Health. (2) Any person that manufactures, possesses, transfers, or transports any drug precursor or that proposes to engage in the manufacture, possession, transfer, or transportation of any drug precursor shall annually obtain a license issued by the Department of Health. (3) A person licensed by the Department of Health to manufacture, possess, transfer, or transport a drug precursor may manufacture, possess, transfer, or transport the drug precursor to the extent authorized by the person's license and in conformity with any other provision of law. (4) The following persons are not required to be licensed under this subsection and may lawfully possess a drug precursor: (A) A physician, dentist, pharmacist, veterinarian, or podiatrist; (B) An agent of any manufacturer, or wholesaler of any drug precursor if the agent is acting in the usual course of his or her principal's business or employment; (C) An employee of a licensed common or contract carrier or licensed warehouseman whose possession of any drug precursor is in the usual course of the licensed common or contract carrier or licensed warehouseman's business; (D) A student enrolled in a college chemistry class for credit if the student's use of the drug precursor is for a bona fide educational purpose and the educational institution otherwise possesses all the necessary licenses required by the Department of Health; (E) An officer or employee of an appropriate agency of federal, state, or local government and a law enforcement agency acting pursuant to its official duties; and (F) Any researcher, including an analytical laboratory, experimenting with, studying, or testing any drug analog that is licensed by the Department of Health pursuant to the requirements of this subsection.

(1) (A) The Department of Health may promulgate rules and charge reasonable fees of not more than twenty-five dollars ($25.00) relating to the licensing and control of the manufacture, possession, transfer, and transportation of a drug precursor. (B) (i) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, a cash fund to be known as the "Health Department Drug Precursor Cash Fund". (ii) The fees established under this subsection shall be collected by the Department of Health and transmitted to the Treasurer of State, who shall credit the fees to the Health Department Drug Precursor Cash Fund. (iii) The fund shall be administered by the Division of Pharmacy Services and Drug Control of the Department of Health.

(A) The Department of Health may promulgate rules and charge reasonable fees of not more than twenty-five dollars ($25.00) relating to the licensing and control of the manufacture, possession, transfer, and transportation of a drug precursor.

(B) (i) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, a cash fund to be known as the "Health Department Drug Precursor Cash Fund". (ii) The fees established under this subsection shall be collected by the Department of Health and transmitted to the Treasurer of State, who shall credit the fees to the Health Department Drug Precursor Cash Fund. (iii) The fund shall be administered by the Division of Pharmacy Services and Drug Control of the Department of Health.

(i) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, a cash fund to be known as the "Health Department Drug Precursor Cash Fund".

(ii) The fees established under this subsection shall be collected by the Department of Health and transmitted to the Treasurer of State, who shall credit the fees to the Health Department Drug Precursor Cash Fund.

(iii) The fund shall be administered by the Division of Pharmacy Services and Drug Control of the Department of Health.

(2) Any person that manufactures, possesses, transfers, or transports any drug precursor or that proposes to engage in the manufacture, possession, transfer, or transportation of any drug precursor shall annually obtain a license issued by the Department of Health.

(3) A person licensed by the Department of Health to manufacture, possess, transfer, or transport a drug precursor may manufacture, possess, transfer, or transport the drug precursor to the extent authorized by the person's license and in conformity with any other provision of law.

(4) The following persons are not required to be licensed under this subsection and may lawfully possess a drug precursor: (A) A physician, dentist, pharmacist, veterinarian, or podiatrist; (B) An agent of any manufacturer, or wholesaler of any drug precursor if the agent is acting in the usual course of his or her principal's business or employment; (C) An employee of a licensed common or contract carrier or licensed warehouseman whose possession of any drug precursor is in the usual course of the licensed common or contract carrier or licensed warehouseman's business; (D) A student enrolled in a college chemistry class for credit if the student's use of the drug precursor is for a bona fide educational purpose and the educational institution otherwise possesses all the necessary licenses required by the Department of Health; (E) An officer or employee of an appropriate agency of federal, state, or local government and a law enforcement agency acting pursuant to its official duties; and (F) Any researcher, including an analytical laboratory, experimenting with, studying, or testing any drug analog that is licensed by the Department of Health pursuant to the requirements of this subsection.

(A) A physician, dentist, pharmacist, veterinarian, or podiatrist;

(B) An agent of any manufacturer, or wholesaler of any drug precursor if the agent is acting in the usual course of his or her principal's business or employment;

(C) An employee of a licensed common or contract carrier or licensed warehouseman whose possession of any drug precursor is in the usual course of the licensed common or contract carrier or licensed warehouseman's business;

(D) A student enrolled in a college chemistry class for credit if the student's use of the drug precursor is for a bona fide educational purpose and the educational institution otherwise possesses all the necessary licenses required by the Department of Health;

(E) An officer or employee of an appropriate agency of federal, state, or local government and a law enforcement agency acting pursuant to its official duties; and

(F) Any researcher, including an analytical laboratory, experimenting with, studying, or testing any drug analog that is licensed by the Department of Health pursuant to the requirements of this subsection.

(d) Waiver. The Department of Health may waive by rule the requirement for licensing of certain manufacturers if the waiver is consistent with the public health and safety.

(e) Issuance of License - Fees. (1) (A) The Department of Health shall license an applicant to manufacture, possess, transfer, or transport a drug precursor unless it determines that the issuance of the license would be inconsistent with the public interest. (B) In determining the public interest, the Department of Health shall consider the following factors: (i) Maintenance of effective controls against diversion of a drug precursor other than a legitimate medical, scientific, or industrial channel; (ii) Compliance with applicable state and local law; (iii) Any conviction of the applicant under federal or state law relating to any controlled substance or drug precursor; (iv) Past experience in the manufacture, possession, transfer, or transportation of a drug precursor and the existence in the applicant's establishment of effective controls against diversion; (v) Furnishing by the applicant of false or fraudulent material in any application filed under subsection (c) of this section; (vi) Suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense a controlled substance or drug precursor authorized by federal law; and (vii) Any other factor relevant to and consistent with the public health and safety. (2) Licensing under this section does not entitle a licensee to manufacture, possess, transfer, or transport a drug precursor other than a drug precursor allowed in the license.

(1) (A) The Department of Health shall license an applicant to manufacture, possess, transfer, or transport a drug precursor unless it determines that the issuance of the license would be inconsistent with the public interest. (B) In determining the public interest, the Department of Health shall consider the following factors: (i) Maintenance of effective controls against diversion of a drug precursor other than a legitimate medical, scientific, or industrial channel; (ii) Compliance with applicable state and local law; (iii) Any conviction of the applicant under federal or state law relating to any controlled substance or drug precursor; (iv) Past experience in the manufacture, possession, transfer, or transportation of a drug precursor and the existence in the applicant's establishment of effective controls against diversion; (v) Furnishing by the applicant of false or fraudulent material in any application filed under subsection (c) of this section; (vi) Suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense a controlled substance or drug precursor authorized by federal law; and (vii) Any other factor relevant to and consistent with the public health and safety.

(A) The Department of Health shall license an applicant to manufacture, possess, transfer, or transport a drug precursor unless it determines that the issuance of the license would be inconsistent with the public interest.

(B) In determining the public interest, the Department of Health shall consider the following factors: (i) Maintenance of effective controls against diversion of a drug precursor other than a legitimate medical, scientific, or industrial channel; (ii) Compliance with applicable state and local law; (iii) Any conviction of the applicant under federal or state law relating to any controlled substance or drug precursor; (iv) Past experience in the manufacture, possession, transfer, or transportation of a drug precursor and the existence in the applicant's establishment of effective controls against diversion; (v) Furnishing by the applicant of false or fraudulent material in any application filed under subsection (c) of this section; (vi) Suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense a controlled substance or drug precursor authorized by federal law; and (vii) Any other factor relevant to and consistent with the public health and safety.

(i) Maintenance of effective controls against diversion of a drug precursor other than a legitimate medical, scientific, or industrial channel;

(ii) Compliance with applicable state and local law;

(iii) Any conviction of the applicant under federal or state law relating to any controlled substance or drug precursor;

(iv) Past experience in the manufacture, possession, transfer, or transportation of a drug precursor and the existence in the applicant's establishment of effective controls against diversion;

(v) Furnishing by the applicant of false or fraudulent material in any application filed under subsection (c) of this section;

(vi) Suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense a controlled substance or drug precursor authorized by federal law; and

(vii) Any other factor relevant to and consistent with the public health and safety.

(2) Licensing under this section does not entitle a licensee to manufacture, possess, transfer, or transport a drug precursor other than a drug precursor allowed in the license.

(f) Denial, Revocation, or Suspension of License. (1) The Department of Health may deny, revoke, or suspend a license issued pursuant to subsection (c) of this section for any of the following reasons: (A) If a licensee is convicted of or has accepted by a court a plea of guilty or nolo contendere to a felony under any state or federal law relating to a controlled substance or a drug precursor; (B) (i) If a licensee has its federal registration to manufacture, conduct research on, distribute, or dispense a controlled substance or a drug precursor suspended or revoked. (ii) The Department of Health may limit revocation or suspension of a license to the particular controlled substance or drug precursor that was the basis for revocation or suspension; or (C) If a licensee commits an unlawful act as enumerated in subsection (g) of this section. (2) (A) (i) When the Department of Health suspends or revokes a license, any controlled substance or drug precursor owned or possessed by the licensee at the time of the suspension or on the effective date of the revocation order may be placed under seal. (ii) No disposition may be made of a controlled substance or drug precursor under seal until the time for making an appeal has elapsed or until all appeals have been concluded unless a court orders otherwise or orders the sale of any perishable controlled substance or drug precursor and the deposit of the proceeds with the court. (B) Upon a revocation order becoming final: (i) Any controlled substance and any drug precursor may be forfeited to the Department of Health; (ii) Any expense of disposing of a forfeited controlled substance or drug precursor shall be borne by the licensee; (iii) The court may order the licensee to pay a reasonable sum of money to the Department of Health to cover the expenses of disposition; and (iv) The Department of Health may seek enforcement of the order of payment, or reimbursement for any expenses through any lawful means.

(1) The Department of Health may deny, revoke, or suspend a license issued pursuant to subsection (c) of this section for any of the following reasons: (A) If a licensee is convicted of or has accepted by a court a plea of guilty or nolo contendere to a felony under any state or federal law relating to a controlled substance or a drug precursor; (B) (i) If a licensee has its federal registration to manufacture, conduct research on, distribute, or dispense a controlled substance or a drug precursor suspended or revoked. (ii) The Department of Health may limit revocation or suspension of a license to the particular controlled substance or drug precursor that was the basis for revocation or suspension; or (C) If a licensee commits an unlawful act as enumerated in subsection (g) of this section.

(A) If a licensee is convicted of or has accepted by a court a plea of guilty or nolo contendere to a felony under any state or federal law relating to a controlled substance or a drug precursor;

(B) (i) If a licensee has its federal registration to manufacture, conduct research on, distribute, or dispense a controlled substance or a drug precursor suspended or revoked. (ii) The Department of Health may limit revocation or suspension of a license to the particular controlled substance or drug precursor that was the basis for revocation or suspension; or

(i) If a licensee has its federal registration to manufacture, conduct research on, distribute, or dispense a controlled substance or a drug precursor suspended or revoked.

(ii) The Department of Health may limit revocation or suspension of a license to the particular controlled substance or drug precursor that was the basis for revocation or suspension; or

(C) If a licensee commits an unlawful act as enumerated in subsection (g) of this section.

(2) (A) (i) When the Department of Health suspends or revokes a license, any controlled substance or drug precursor owned or possessed by the licensee at the time of the suspension or on the effective date of the revocation order may be placed under seal. (ii) No disposition may be made of a controlled substance or drug precursor under seal until the time for making an appeal has elapsed or until all appeals have been concluded unless a court orders otherwise or orders the sale of any perishable controlled substance or drug precursor and the deposit of the proceeds with the court. (B) Upon a revocation order becoming final: (i) Any controlled substance and any drug precursor may be forfeited to the Department of Health; (ii) Any expense of disposing of a forfeited controlled substance or drug precursor shall be borne by the licensee; (iii) The court may order the licensee to pay a reasonable sum of money to the Department of Health to cover the expenses of disposition; and (iv) The Department of Health may seek enforcement of the order of payment, or reimbursement for any expenses through any lawful means.

(A) (i) When the Department of Health suspends or revokes a license, any controlled substance or drug precursor owned or possessed by the licensee at the time of the suspension or on the effective date of the revocation order may be placed under seal. (ii) No disposition may be made of a controlled substance or drug precursor under seal until the time for making an appeal has elapsed or until all appeals have been concluded unless a court orders otherwise or orders the sale of any perishable controlled substance or drug precursor and the deposit of the proceeds with the court.

(i) When the Department of Health suspends or revokes a license, any controlled substance or drug precursor owned or possessed by the licensee at the time of the suspension or on the effective date of the revocation order may be placed under seal.

(ii) No disposition may be made of a controlled substance or drug precursor under seal until the time for making an appeal has elapsed or until all appeals have been concluded unless a court orders otherwise or orders the sale of any perishable controlled substance or drug precursor and the deposit of the proceeds with the court.

(B) Upon a revocation order becoming final: (i) Any controlled substance and any drug precursor may be forfeited to the Department of Health; (ii) Any expense of disposing of a forfeited controlled substance or drug precursor shall be borne by the licensee; (iii) The court may order the licensee to pay a reasonable sum of money to the Department of Health to cover the expenses of disposition; and (iv) The Department of Health may seek enforcement of the order of payment, or reimbursement for any expenses through any lawful means.

(i) Any controlled substance and any drug precursor may be forfeited to the Department of Health;

(ii) Any expense of disposing of a forfeited controlled substance or drug precursor shall be borne by the licensee;

(iii) The court may order the licensee to pay a reasonable sum of money to the Department of Health to cover the expenses of disposition; and

(iv) The Department of Health may seek enforcement of the order of payment, or reimbursement for any expenses through any lawful means.

(g) Unlawful Acts - Licenses - Penalties. (1) It is unlawful to: (A) Knowingly transfer a drug precursor except to an authorized licensee; (B) Knowingly use in the course of the manufacture or transfer of a drug precursor a license number which is fictitious, revoked, suspended, or issued to another person; (C) Knowingly acquire or obtain, or attempt to acquire or obtain, possession of a drug precursor by misrepresentation, fraud, forgery, deception, or subterfuge; (D) Knowingly furnish false or fraudulent material information in, or omitting any material information from, any application, report, or other document required to be kept or filed under this section or any record required to be kept by this section; (E) Have knowledge of the manufacture of a drug precursor not authorized by a licensee's license, or have knowledge of the transfer of a drug precursor not authorized by the licensee's license to another licensee or authorized person; (F) Refuse entry into any premises for any inspection authorized by this section; or (G) Manufacture, possess, transfer, or transport a drug precursor without the appropriate license or in violation of any rule of the Department of Health. (2) Any person who violates a provision of this subsection is guilty of a Class D felony.

(1) It is unlawful to: (A) Knowingly transfer a drug precursor except to an authorized licensee; (B) Knowingly use in the course of the manufacture or transfer of a drug precursor a license number which is fictitious, revoked, suspended, or issued to another person; (C) Knowingly acquire or obtain, or attempt to acquire or obtain, possession of a drug precursor by misrepresentation, fraud, forgery, deception, or subterfuge; (D) Knowingly furnish false or fraudulent material information in, or omitting any material information from, any application, report, or other document required to be kept or filed under this section or any record required to be kept by this section; (E) Have knowledge of the manufacture of a drug precursor not authorized by a licensee's license, or have knowledge of the transfer of a drug precursor not authorized by the licensee's license to another licensee or authorized person; (F) Refuse entry into any premises for any inspection authorized by this section; or (G) Manufacture, possess, transfer, or transport a drug precursor without the appropriate license or in violation of any rule of the Department of Health.

(A) Knowingly transfer a drug precursor except to an authorized licensee;

(B) Knowingly use in the course of the manufacture or transfer of a drug precursor a license number which is fictitious, revoked, suspended, or issued to another person;

(C) Knowingly acquire or obtain, or attempt to acquire or obtain, possession of a drug precursor by misrepresentation, fraud, forgery, deception, or subterfuge;

(D) Knowingly furnish false or fraudulent material information in, or omitting any material information from, any application, report, or other document required to be kept or filed under this section or any record required to be kept by this section;

(E) Have knowledge of the manufacture of a drug precursor not authorized by a licensee's license, or have knowledge of the transfer of a drug precursor not authorized by the licensee's license to another licensee or authorized person;

(F) Refuse entry into any premises for any inspection authorized by this section; or

(G) Manufacture, possess, transfer, or transport a drug precursor without the appropriate license or in violation of any rule of the Department of Health.

(2) Any person who violates a provision of this subsection is guilty of a Class D felony.

(h) Records to be Kept - Order Forms. (1) A manufacturer, wholesaler, retailer, or other person that sells, transfers, or otherwise furnishes any drug precursor to a person shall make an accurate and legible record of the transaction and maintain the record for a period of at least two (2) years after the date of the transaction. (2) Before selling, transferring, or otherwise furnishing to a person in this state a drug precursor, a manufacturer, wholesaler, retailer, or other person shall: (A) If the recipient does not represent a business, obtain from the recipient: (i) The recipient's driver's license number or other personal identification certificate number, date of birth, and residential or mailing address, other than a post office box number, from a driver's license or personal identification card issued by the Department of Finance and Administration that contains a photograph of the recipient; (ii) The year, state, and number of the motor vehicle license of the motor vehicle owned or operated by the recipient; (iii) A complete description of how the drug precursor is to be used; and (iv) The recipient's signature; (B) If the recipient represents a business, obtain from the recipient: (i) A letter of authorization from the business that includes the business license or comptroller tax identification number, address, area code, and telephone number, and a complete description of how the drug precursor is to be used; and (ii) The recipient's signature; and (C) For any recipient, sign as a witness to the signature and identification of the recipient. (3) (A) Except as otherwise provided in this section, a manufacturer, wholesaler, retailer, or other person that sells, transfers, or otherwise furnishes to a person in this state a drug precursor shall submit to the Department of Health, at least twenty-one (21) days before the delivery of the drug precursor, a report of the transaction on a form obtained from the Department of Health that includes the information required by subdivision (h)(2)(A) or subdivision (h)(2)(B) of this section. (B) A copy of this report shall be transmitted to the Division of Arkansas State Police.

(1) A manufacturer, wholesaler, retailer, or other person that sells, transfers, or otherwise furnishes any drug precursor to a person shall make an accurate and legible record of the transaction and maintain the record for a period of at least two (2) years after the date of the transaction.

(2) Before selling, transferring, or otherwise furnishing to a person in this state a drug precursor, a manufacturer, wholesaler, retailer, or other person shall: (A) If the recipient does not represent a business, obtain from the recipient: (i) The recipient's driver's license number or other personal identification certificate number, date of birth, and residential or mailing address, other than a post office box number, from a driver's license or personal identification card issued by the Department of Finance and Administration that contains a photograph of the recipient; (ii) The year, state, and number of the motor vehicle license of the motor vehicle owned or operated by the recipient; (iii) A complete description of how the drug precursor is to be used; and (iv) The recipient's signature; (B) If the recipient represents a business, obtain from the recipient: (i) A letter of authorization from the business that includes the business license or comptroller tax identification number, address, area code, and telephone number, and a complete description of how the drug precursor is to be used; and (ii) The recipient's signature; and (C) For any recipient, sign as a witness to the signature and identification of the recipient.

(A) If the recipient does not represent a business, obtain from the recipient: (i) The recipient's driver's license number or other personal identification certificate number, date of birth, and residential or mailing address, other than a post office box number, from a driver's license or personal identification card issued by the Department of Finance and Administration that contains a photograph of the recipient; (ii) The year, state, and number of the motor vehicle license of the motor vehicle owned or operated by the recipient; (iii) A complete description of how the drug precursor is to be used; and (iv) The recipient's signature;

(i) The recipient's driver's license number or other personal identification certificate number, date of birth, and residential or mailing address, other than a post office box number, from a driver's license or personal identification card issued by the Department of Finance and Administration that contains a photograph of the recipient;

(ii) The year, state, and number of the motor vehicle license of the motor vehicle owned or operated by the recipient;

(iii) A complete description of how the drug precursor is to be used; and

(iv) The recipient's signature;

(B) If the recipient represents a business, obtain from the recipient: (i) A letter of authorization from the business that includes the business license or comptroller tax identification number, address, area code, and telephone number, and a complete description of how the drug precursor is to be used; and (ii) The recipient's signature; and

(i) A letter of authorization from the business that includes the business license or comptroller tax identification number, address, area code, and telephone number, and a complete description of how the drug precursor is to be used; and

(ii) The recipient's signature; and

(C) For any recipient, sign as a witness to the signature and identification of the recipient.

(3) (A) Except as otherwise provided in this section, a manufacturer, wholesaler, retailer, or other person that sells, transfers, or otherwise furnishes to a person in this state a drug precursor shall submit to the Department of Health, at least twenty-one (21) days before the delivery of the drug precursor, a report of the transaction on a form obtained from the Department of Health that includes the information required by subdivision (h)(2)(A) or subdivision (h)(2)(B) of this section. (B) A copy of this report shall be transmitted to the Division of Arkansas State Police.

(A) Except as otherwise provided in this section, a manufacturer, wholesaler, retailer, or other person that sells, transfers, or otherwise furnishes to a person in this state a drug precursor shall submit to the Department of Health, at least twenty-one (21) days before the delivery of the drug precursor, a report of the transaction on a form obtained from the Department of Health that includes the information required by subdivision (h)(2)(A) or subdivision (h)(2)(B) of this section.

(B) A copy of this report shall be transmitted to the Division of Arkansas State Police.

(i) Reports of Theft, Loss, Shipping Discrepancies, and Other Transactions. (1) The theft or loss of any drug precursor discovered by any person regulated by this section shall be reported to the Department of Health and the Division of Arkansas State Police within three (3) days after the discovery. (2) (A) Any difference between the quantity of any drug precursor received and the quantity shipped shall be reported to the Department of Health within three (3) days after the receipt of actual knowledge of the discrepancy. (B) When applicable, any report made pursuant to this subsection shall also include the name of any common carrier or person that transported the substance and the date of shipment of the substance. (3) Any manufacturer, wholesaler, retailer, or other person subject to any other reporting requirement in this section that receives from a source outside of this state any drug precursor specified in rules promulgated pursuant to this section shall submit a report of the transaction to the Department of Health in accordance with rules adopted by the Department of Health. (4) Any person violating any provision of this subsection is guilty of a Class A misdemeanor. (5) The Department of Health may authorize a manufacturer, wholesaler, retailer, or other person to submit a comprehensive monthly report instead of the report required by subdivision (i)(2)(A) of this section if the Secretary of the Department of Health determines that: (A) There is a pattern of regular supply and purchase of the drug precursor between the furnisher and the recipient; or (B) The recipient has established a record of utilization of the drug precursor solely for a lawful purpose.

(1) The theft or loss of any drug precursor discovered by any person regulated by this section shall be reported to the Department of Health and the Division of Arkansas State Police within three (3) days after the discovery.

(2) (A) Any difference between the quantity of any drug precursor received and the quantity shipped shall be reported to the Department of Health within three (3) days after the receipt of actual knowledge of the discrepancy. (B) When applicable, any report made pursuant to this subsection shall also include the name of any common carrier or person that transported the substance and the date of shipment of the substance.

(A) Any difference between the quantity of any drug precursor received and the quantity shipped shall be reported to the Department of Health within three (3) days after the receipt of actual knowledge of the discrepancy.

(B) When applicable, any report made pursuant to this subsection shall also include the name of any common carrier or person that transported the substance and the date of shipment of the substance.

(3) Any manufacturer, wholesaler, retailer, or other person subject to any other reporting requirement in this section that receives from a source outside of this state any drug precursor specified in rules promulgated pursuant to this section shall submit a report of the transaction to the Department of Health in accordance with rules adopted by the Department of Health.

(4) Any person violating any provision of this subsection is guilty of a Class A misdemeanor.

(5) The Department of Health may authorize a manufacturer, wholesaler, retailer, or other person to submit a comprehensive monthly report instead of the report required by subdivision (i)(2)(A) of this section if the Secretary of the Department of Health determines that: (A) There is a pattern of regular supply and purchase of the drug precursor between the furnisher and the recipient; or (B) The recipient has established a record of utilization of the drug precursor solely for a lawful purpose.

(A) There is a pattern of regular supply and purchase of the drug precursor between the furnisher and the recipient; or

(B) The recipient has established a record of utilization of the drug precursor solely for a lawful purpose.

(j) Investigations and Inspections. (1) The Division of Arkansas State Police specifically may investigate any violation of a provision of this section, and enforce its provisions. (2) Further, the Division of Arkansas State Police and the Department of Health shall exchange information gathered or received by either agency under the provisions of this section. (3) Any record kept by a licensee pursuant to this section is open to inspection by an authorized investigator of the Division of Arkansas State Police or the Department of Health during normal business hours and at any other reasonable time.

(1) The Division of Arkansas State Police specifically may investigate any violation of a provision of this section, and enforce its provisions.

(2) Further, the Division of Arkansas State Police and the Department of Health shall exchange information gathered or received by either agency under the provisions of this section.

(3) Any record kept by a licensee pursuant to this section is open to inspection by an authorized investigator of the Division of Arkansas State Police or the Department of Health during normal business hours and at any other reasonable time.

(k) In addition to rules authorized by a provision of this section, the Department of Health may promulgate necessary rules to carry out the provisions of this section.

Amended by Act 2019, No. 315,§ 163, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 162, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 161, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 160, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 159, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 158, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 157, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4845, eff. 7/1/2019.

Amended by Act 2017, No. 333,§ 2, eff. 8/1/2017.

Acts 1991, No. 954, §§ 1, 3, 4; 2007, No. 827, §§ 63, 64.
Ark. Code Ann. § 5-4-618 — AR Code / Title 5 / Chapter 4 / Subchapter 6 / Section 5-4-618
Defendants with intellectual disabilities
Status: in_force

(a) (1) As used in this section, "intellectual disabilities" means: (A) Significantly below-average general intellectual functioning accompanied by a significant deficit or impairment in adaptive functioning manifest in the developmental period, but no later than eighteen (18) years of age; and (B) A deficit in adaptive behavior. (2) There is a rebuttable presumption of intellectual disabilities when a defendant has an intelligence quotient of sixty-five (65) or below. (b) No defendant with intellectual disabilities at the time of committing capital murder shall be sentenced to death. (c) The defendant has the burden of proving intellectual disabilities at the time of committing the offense by a preponderance of the evidence. (d) (1) A defendant on trial for capital murder shall raise the special sentencing provision of intellectual disabilities by motion prior to trial. (2) (A) Prior to trial, the court shall determine if the defendant has an intellectual disability. (B) (i) If the court determines that the defendant does not have an intellectual disability, the defendant may raise the question of an intellectual disability to the jury for determination de novo during the sentencing phase of the trial. (ii) At the time the jury retires to decide mitigating and aggravating circumstances, the jury shall be given a special verdict form on an intellectual disability. (iii) If the jury unanimously determines that the defendant had an intellectual disability at the time of the commission of capital murder, then the defendant will automatically be sentenced to life imprisonment without possibility of parole. (C) If the court determines that the defendant has an intellectual disability, then: (i) The jury is not "death qualified"; and (ii) The jury shall sentence the defendant to life imprisonment without possibility of parole upon conviction. (e) However, this section is not deemed to: (1) Require unanimity for consideration of any mitigating circumstance; or (2) Supersede any suggested mitigating circumstance regarding mental defect or disease currently found in § 5-4-605 . Amended by Act 2019, No. 1035,§ 3, eff. 7/24/2019. Acts 1993, No. 420, § 1.

(a) (1) As used in this section, "intellectual disabilities" means: (A) Significantly below-average general intellectual functioning accompanied by a significant deficit or impairment in adaptive functioning manifest in the developmental period, but no later than eighteen (18) years of age; and (B) A deficit in adaptive behavior. (2) There is a rebuttable presumption of intellectual disabilities when a defendant has an intelligence quotient of sixty-five (65) or below.

(1) As used in this section, "intellectual disabilities" means: (A) Significantly below-average general intellectual functioning accompanied by a significant deficit or impairment in adaptive functioning manifest in the developmental period, but no later than eighteen (18) years of age; and (B) A deficit in adaptive behavior.

(A) Significantly below-average general intellectual functioning accompanied by a significant deficit or impairment in adaptive functioning manifest in the developmental period, but no later than eighteen (18) years of age; and

(B) A deficit in adaptive behavior.

(2) There is a rebuttable presumption of intellectual disabilities when a defendant has an intelligence quotient of sixty-five (65) or below.

(b) No defendant with intellectual disabilities at the time of committing capital murder shall be sentenced to death.

(c) The defendant has the burden of proving intellectual disabilities at the time of committing the offense by a preponderance of the evidence.

(d) (1) A defendant on trial for capital murder shall raise the special sentencing provision of intellectual disabilities by motion prior to trial. (2) (A) Prior to trial, the court shall determine if the defendant has an intellectual disability. (B) (i) If the court determines that the defendant does not have an intellectual disability, the defendant may raise the question of an intellectual disability to the jury for determination de novo during the sentencing phase of the trial. (ii) At the time the jury retires to decide mitigating and aggravating circumstances, the jury shall be given a special verdict form on an intellectual disability. (iii) If the jury unanimously determines that the defendant had an intellectual disability at the time of the commission of capital murder, then the defendant will automatically be sentenced to life imprisonment without possibility of parole. (C) If the court determines that the defendant has an intellectual disability, then: (i) The jury is not "death qualified"; and (ii) The jury shall sentence the defendant to life imprisonment without possibility of parole upon conviction.

(1) A defendant on trial for capital murder shall raise the special sentencing provision of intellectual disabilities by motion prior to trial.

(2) (A) Prior to trial, the court shall determine if the defendant has an intellectual disability. (B) (i) If the court determines that the defendant does not have an intellectual disability, the defendant may raise the question of an intellectual disability to the jury for determination de novo during the sentencing phase of the trial. (ii) At the time the jury retires to decide mitigating and aggravating circumstances, the jury shall be given a special verdict form on an intellectual disability. (iii) If the jury unanimously determines that the defendant had an intellectual disability at the time of the commission of capital murder, then the defendant will automatically be sentenced to life imprisonment without possibility of parole. (C) If the court determines that the defendant has an intellectual disability, then: (i) The jury is not "death qualified"; and (ii) The jury shall sentence the defendant to life imprisonment without possibility of parole upon conviction.

(A) Prior to trial, the court shall determine if the defendant has an intellectual disability.

(B) (i) If the court determines that the defendant does not have an intellectual disability, the defendant may raise the question of an intellectual disability to the jury for determination de novo during the sentencing phase of the trial. (ii) At the time the jury retires to decide mitigating and aggravating circumstances, the jury shall be given a special verdict form on an intellectual disability. (iii) If the jury unanimously determines that the defendant had an intellectual disability at the time of the commission of capital murder, then the defendant will automatically be sentenced to life imprisonment without possibility of parole.

(i) If the court determines that the defendant does not have an intellectual disability, the defendant may raise the question of an intellectual disability to the jury for determination de novo during the sentencing phase of the trial.

(ii) At the time the jury retires to decide mitigating and aggravating circumstances, the jury shall be given a special verdict form on an intellectual disability.

(iii) If the jury unanimously determines that the defendant had an intellectual disability at the time of the commission of capital murder, then the defendant will automatically be sentenced to life imprisonment without possibility of parole.

(C) If the court determines that the defendant has an intellectual disability, then: (i) The jury is not "death qualified"; and (ii) The jury shall sentence the defendant to life imprisonment without possibility of parole upon conviction.

(i) The jury is not "death qualified"; and

(ii) The jury shall sentence the defendant to life imprisonment without possibility of parole upon conviction.

(e) However, this section is not deemed to: (1) Require unanimity for consideration of any mitigating circumstance; or (2) Supersede any suggested mitigating circumstance regarding mental defect or disease currently found in § 5-4-605 .

(1) Require unanimity for consideration of any mitigating circumstance; or

(2) Supersede any suggested mitigating circumstance regarding mental defect or disease currently found in § 5-4-605 .

Amended by Act 2019, No. 1035,§ 3, eff. 7/24/2019.

Acts 1993, No. 420, § 1.
Ark. Code Ann. § 5-66-101 — AR Code / Title 5 / Chapter 66 / Section 5-66-101
Construction of statutes
Status: in_force

(a) In their construction of the statutes prohibiting gaming, the judges of the several courts in this state shall construe the statutes liberally, with a view of preventing persons from evading the penalty of the law by changing of the name or the invention of new names or devices that now are, or may hereafter be, brought into practice, in any and in all kinds of gaming, and all general terms of descriptions shall be so construed as to have effect, and include all such games and devices as are not specially named. (b) In all cases in which construction is necessary, the construction shall be in favor of the prohibition and against the offender. Rev. Stat., ch. 44, div. 6, art. 3, § 13; C. & M. Dig., § 2645; Pope's Dig., § 3335; A.S.A. 1947, § 41-3265.

(a) In their construction of the statutes prohibiting gaming, the judges of the several courts in this state shall construe the statutes liberally, with a view of preventing persons from evading the penalty of the law by changing of the name or the invention of new names or devices that now are, or may hereafter be, brought into practice, in any and in all kinds of gaming, and all general terms of descriptions shall be so construed as to have effect, and include all such games and devices as are not specially named.

(b) In all cases in which construction is necessary, the construction shall be in favor of the prohibition and against the offender.

Rev. Stat., ch. 44, div. 6, art. 3, § 13; C. & M. Dig., § 2645; Pope's Dig., § 3335; A.S.A. 1947, § 41-3265.
Ark. Code Ann. § 5-27-610 — AR Code / Title 5 / Chapter 27 / Subchapter 6 / Section 5-27-610
Unlawful doxxing of minor on social media platform
Status: in_force

(a) As used in this section: (1) "Communication" means the electronic communication of information of a person's choosing between or among points specified by the person without change in the form of the content of the information as sent and received; (2) "Doxxes" means to publish private or identifying information about a particular person on social media with malicious purpose; and (3) "Social media platform" means a website or computer application designed to facilitate communication between one (1) or more persons. (b) A person commits the offense of doxxing of a minor on a social media platform if: (1) The person knowingly doxxes or transmits, sends, or posts a communication concerning a minor to a social media platform with the purpose to frighten, coerce, intimidate, threaten, abuse, or harass the minor; and (2) The communication causes the minor to be in reasonable fear of physical injury. (c) (1) Doxxing of a minor on a social media platform is a: (A) Class B felony if: (i) Death of the minor occurs due to the offense; or (ii) Monetary loss to the minor due to the offense is one million dollars ($1,000,000) or more; (B) Class C felony if: (i) Physical injury occurs to the minor due to the offense; or (ii) Monetary loss to the minor due to the offense is ten thousand dollars ($10,000) or more but less than one million dollars ($1,000,000); or (C) Class D felony if monetary loss to the minor due to the offense is five hundred dollars ($500) or more but less than ten thousand dollars ($10,000). (2) Otherwise, doxxing of a minor on a social media platform is a Class A misdemeanor. Added by Act 2021, No. 375,§ 1, eff. 7/28/2021.

(a) As used in this section: (1) "Communication" means the electronic communication of information of a person's choosing between or among points specified by the person without change in the form of the content of the information as sent and received; (2) "Doxxes" means to publish private or identifying information about a particular person on social media with malicious purpose; and (3) "Social media platform" means a website or computer application designed to facilitate communication between one (1) or more persons.

(1) "Communication" means the electronic communication of information of a person's choosing between or among points specified by the person without change in the form of the content of the information as sent and received;

(2) "Doxxes" means to publish private or identifying information about a particular person on social media with malicious purpose; and

(3) "Social media platform" means a website or computer application designed to facilitate communication between one (1) or more persons.

(b) A person commits the offense of doxxing of a minor on a social media platform if: (1) The person knowingly doxxes or transmits, sends, or posts a communication concerning a minor to a social media platform with the purpose to frighten, coerce, intimidate, threaten, abuse, or harass the minor; and (2) The communication causes the minor to be in reasonable fear of physical injury.

(1) The person knowingly doxxes or transmits, sends, or posts a communication concerning a minor to a social media platform with the purpose to frighten, coerce, intimidate, threaten, abuse, or harass the minor; and

(2) The communication causes the minor to be in reasonable fear of physical injury.

(c) (1) Doxxing of a minor on a social media platform is a: (A) Class B felony if: (i) Death of the minor occurs due to the offense; or (ii) Monetary loss to the minor due to the offense is one million dollars ($1,000,000) or more; (B) Class C felony if: (i) Physical injury occurs to the minor due to the offense; or (ii) Monetary loss to the minor due to the offense is ten thousand dollars ($10,000) or more but less than one million dollars ($1,000,000); or (C) Class D felony if monetary loss to the minor due to the offense is five hundred dollars ($500) or more but less than ten thousand dollars ($10,000). (2) Otherwise, doxxing of a minor on a social media platform is a Class A misdemeanor.

(1) Doxxing of a minor on a social media platform is a: (A) Class B felony if: (i) Death of the minor occurs due to the offense; or (ii) Monetary loss to the minor due to the offense is one million dollars ($1,000,000) or more; (B) Class C felony if: (i) Physical injury occurs to the minor due to the offense; or (ii) Monetary loss to the minor due to the offense is ten thousand dollars ($10,000) or more but less than one million dollars ($1,000,000); or (C) Class D felony if monetary loss to the minor due to the offense is five hundred dollars ($500) or more but less than ten thousand dollars ($10,000).

(A) Class B felony if: (i) Death of the minor occurs due to the offense; or (ii) Monetary loss to the minor due to the offense is one million dollars ($1,000,000) or more;

(i) Death of the minor occurs due to the offense; or

(ii) Monetary loss to the minor due to the offense is one million dollars ($1,000,000) or more;

(B) Class C felony if: (i) Physical injury occurs to the minor due to the offense; or (ii) Monetary loss to the minor due to the offense is ten thousand dollars ($10,000) or more but less than one million dollars ($1,000,000); or

(i) Physical injury occurs to the minor due to the offense; or

(ii) Monetary loss to the minor due to the offense is ten thousand dollars ($10,000) or more but less than one million dollars ($1,000,000); or

(C) Class D felony if monetary loss to the minor due to the offense is five hundred dollars ($500) or more but less than ten thousand dollars ($10,000).

(2) Otherwise, doxxing of a minor on a social media platform is a Class A misdemeanor.

Added by Act 2021, No. 375,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 5-11-101 — AR Code / Title 5 / Chapter 11 / Section 5-11-101
Definitions
Status: in_force

As used in this chapter: (1) "Deviate sexual activity" means any act of sexual gratification involving: (A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or (B) The penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person; (2) (A) "Incompetent" means that a person is unable to care for himself or herself because of physical or mental disease or defect. (B) The status embraced by "incompetent" may or may not exist regardless of any adjudication concerning incompetency; (3) "Restraint without consent" includes: (A) Restraint by physical force, threat, or deception; or (B) In the case of a person who is under fourteen (14) years of age or incompetent, restraint without the consent of a parent, guardian, or other person responsible for general supervision of his or her welfare; (4) "Sexual contact" means any act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female; (5) "Sexual intercourse" means penetration, however slight, of the labia majora by a penis; and (6) "Vehicle" means any craft or device designed for the transportation of a person or property across land or water or through the air. Acts 1975, No. 280, § 1701; 1977, No. 360, § 5; A.S.A. 1947, § 41-1701; Acts 2007, No. 827, §§ 24, 25.

As used in this chapter:

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

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

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

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

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

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

(3) "Restraint without consent" includes: (A) Restraint by physical force, threat, or deception; or (B) In the case of a person who is under fourteen (14) years of age or incompetent, restraint without the consent of a parent, guardian, or other person responsible for general supervision of his or her welfare;

(A) Restraint by physical force, threat, or deception; or

(B) In the case of a person who is under fourteen (14) years of age or incompetent, restraint without the consent of a parent, guardian, or other person responsible for general supervision of his or her welfare;

(4) "Sexual contact" means any act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female;

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

(6) "Vehicle" means any craft or device designed for the transportation of a person or property across land or water or through the air.

Acts 1975, No. 280, § 1701; 1977, No. 360, § 5; A.S.A. 1947, § 41-1701; Acts 2007, No. 827, §§ 24, 25.
Ark. Code Ann. § 5-64-443 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-443
Possession of drug paraphernalia
Status: in_force

(a) A person who possesses drug paraphernalia with the purpose to use the drug paraphernalia to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or to store, contain, conceal, or weigh a controlled substance in violation of this chapter upon conviction is guilty of: (1) A Class A misdemeanor; or (2) A Class D felony if the: (A) Controlled substance is methamphetamine, heroin, fentanyl, or cocaine; and (B) Person has been previously convicted of a violation of this chapter. (b) A person who uses or possesses with the purpose to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, or repack a controlled substance in violation of this chapter upon conviction is guilty of a: (1) Class D felony; or (2) Class B felony if the controlled substance is methamphetamine, heroin, fentanyl, or cocaine. (c) When the same conduct of a defendant may establish the commission of more than one (1) offense under this section, the defendant may only be convicted of one (1) offense under this section. Amended by Act 2021, No. 453,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 1014,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 888,§ 1, eff. 8/1/2017. Acts 2011, No. 570, § 63.

(a) A person who possesses drug paraphernalia with the purpose to use the drug paraphernalia to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or to store, contain, conceal, or weigh a controlled substance in violation of this chapter upon conviction is guilty of: (1) A Class A misdemeanor; or (2) A Class D felony if the: (A) Controlled substance is methamphetamine, heroin, fentanyl, or cocaine; and (B) Person has been previously convicted of a violation of this chapter.

(1) A Class A misdemeanor; or

(2) A Class D felony if the: (A) Controlled substance is methamphetamine, heroin, fentanyl, or cocaine; and (B) Person has been previously convicted of a violation of this chapter.

(A) Controlled substance is methamphetamine, heroin, fentanyl, or cocaine; and

(B) Person has been previously convicted of a violation of this chapter.

(b) A person who uses or possesses with the purpose to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, or repack a controlled substance in violation of this chapter upon conviction is guilty of a: (1) Class D felony; or (2) Class B felony if the controlled substance is methamphetamine, heroin, fentanyl, or cocaine.

(1) Class D felony; or

(2) Class B felony if the controlled substance is methamphetamine, heroin, fentanyl, or cocaine.

(c) When the same conduct of a defendant may establish the commission of more than one (1) offense under this section, the defendant may only be convicted of one (1) offense under this section.

Amended by Act 2021, No. 453,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 1014,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 888,§ 1, eff. 8/1/2017.

Acts 2011, No. 570, § 63.
Ark. Code Ann. § 5-37-226 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-226
Filing instruments affecting title or interest in real property
Status: in_force

(a) It is unlawful for a person with the knowledge of the instrument's lack of authenticity or genuineness to have placed of record in the office of the county recorder or the office of the Secretary of State any instrument: (1) Clouding or adversely affecting: (A) The title or interest of the true owner, lessee, or assignee in real property; or (B) Any bona fide interest in real property; and (2) With the purpose of: (A) Clouding, adversely affecting, impairing, or discrediting the title or other interest in the real property which may prevent the true owner, lessee, or assignee from disposing of the real property or transferring or granting any interest in the real property; or (B) Procuring money or value from the true owner, lessee, or assignee to clear the instrument from the records of the office of the county recorder or the office of the Secretary of State. (b) (1) (A) A person who violates subsection (a) of this section is guilty of a Class A misdemeanor. (B) Except as provided under subdivision (b)(2) of this section, a person who has a previous conviction under this section upon conviction is guilty of a Class D felony for a subsequent violation of subsection (a) of this section. (2) However, a person who violates subsection (a) of this section is guilty of a Class C felony if the person violates subsection (a) of this section because of the performance of official duties by the victim and the victim is: (A) A judge or other court personnel; (B) A prosecuting attorney or deputy prosecuting attorney; (C) A state, county, or municipal law enforcement officer or jailer; (D) An employee of the Division of Correction; (E) An employee of the Division of Community Correction; (F) A judge, prosecuting attorney, deputy prosecuting attorney, law enforcement officer, or jailer from another state, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States; (G) A person elected to a federal, state, or local position; or (H) A person employed by the Attorney General. (c) An owner, lessee, or assignee of real property located in the State of Arkansas who suffers loss or damages as a result of conduct that is prohibited under subsection (a) of this section and who must bring civil action to remove any cloud from his or her title or interest in the real property or to clear his or her title or interest in the real property is entitled to three (3) times actual damages, punitive damages, and costs, including any reasonable attorney's fees or other costs of litigation reasonably incurred. (d) This section does not apply to a bona fide filing of lis pendens, materialmen's lien, laborer's lien, or other legitimate notice or protective filing as provided by law. Amended by Act 2019, No. 910,§ 674, eff. 7/1/2019. Amended by Act 2013, No. 1125,§ 9, eff. 8/16/2013. Acts 1995, No. 1086, §§ 1-3; 2011, No. 172, § 1.

(a) It is unlawful for a person with the knowledge of the instrument's lack of authenticity or genuineness to have placed of record in the office of the county recorder or the office of the Secretary of State any instrument: (1) Clouding or adversely affecting: (A) The title or interest of the true owner, lessee, or assignee in real property; or (B) Any bona fide interest in real property; and (2) With the purpose of: (A) Clouding, adversely affecting, impairing, or discrediting the title or other interest in the real property which may prevent the true owner, lessee, or assignee from disposing of the real property or transferring or granting any interest in the real property; or (B) Procuring money or value from the true owner, lessee, or assignee to clear the instrument from the records of the office of the county recorder or the office of the Secretary of State.

(1) Clouding or adversely affecting: (A) The title or interest of the true owner, lessee, or assignee in real property; or (B) Any bona fide interest in real property; and

(A) The title or interest of the true owner, lessee, or assignee in real property; or

(B) Any bona fide interest in real property; and

(2) With the purpose of: (A) Clouding, adversely affecting, impairing, or discrediting the title or other interest in the real property which may prevent the true owner, lessee, or assignee from disposing of the real property or transferring or granting any interest in the real property; or (B) Procuring money or value from the true owner, lessee, or assignee to clear the instrument from the records of the office of the county recorder or the office of the Secretary of State.

(A) Clouding, adversely affecting, impairing, or discrediting the title or other interest in the real property which may prevent the true owner, lessee, or assignee from disposing of the real property or transferring or granting any interest in the real property; or

(B) Procuring money or value from the true owner, lessee, or assignee to clear the instrument from the records of the office of the county recorder or the office of the Secretary of State.

(b) (1) (A) A person who violates subsection (a) of this section is guilty of a Class A misdemeanor. (B) Except as provided under subdivision (b)(2) of this section, a person who has a previous conviction under this section upon conviction is guilty of a Class D felony for a subsequent violation of subsection (a) of this section. (2) However, a person who violates subsection (a) of this section is guilty of a Class C felony if the person violates subsection (a) of this section because of the performance of official duties by the victim and the victim is: (A) A judge or other court personnel; (B) A prosecuting attorney or deputy prosecuting attorney; (C) A state, county, or municipal law enforcement officer or jailer; (D) An employee of the Division of Correction; (E) An employee of the Division of Community Correction; (F) A judge, prosecuting attorney, deputy prosecuting attorney, law enforcement officer, or jailer from another state, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States; (G) A person elected to a federal, state, or local position; or (H) A person employed by the Attorney General.

(1) (A) A person who violates subsection (a) of this section is guilty of a Class A misdemeanor. (B) Except as provided under subdivision (b)(2) of this section, a person who has a previous conviction under this section upon conviction is guilty of a Class D felony for a subsequent violation of subsection (a) of this section.

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

(B) Except as provided under subdivision (b)(2) of this section, a person who has a previous conviction under this section upon conviction is guilty of a Class D felony for a subsequent violation of subsection (a) of this section.

(2) However, a person who violates subsection (a) of this section is guilty of a Class C felony if the person violates subsection (a) of this section because of the performance of official duties by the victim and the victim is: (A) A judge or other court personnel; (B) A prosecuting attorney or deputy prosecuting attorney; (C) A state, county, or municipal law enforcement officer or jailer; (D) An employee of the Division of Correction; (E) An employee of the Division of Community Correction; (F) A judge, prosecuting attorney, deputy prosecuting attorney, law enforcement officer, or jailer from another state, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States; (G) A person elected to a federal, state, or local position; or (H) A person employed by the Attorney General.

(A) A judge or other court personnel;

(B) A prosecuting attorney or deputy prosecuting attorney;

(C) A state, county, or municipal law enforcement officer or jailer;

(D) An employee of the Division of Correction;

(E) An employee of the Division of Community Correction;

(F) A judge, prosecuting attorney, deputy prosecuting attorney, law enforcement officer, or jailer from another state, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States;

(G) A person elected to a federal, state, or local position; or

(H) A person employed by the Attorney General.

(c) An owner, lessee, or assignee of real property located in the State of Arkansas who suffers loss or damages as a result of conduct that is prohibited under subsection (a) of this section and who must bring civil action to remove any cloud from his or her title or interest in the real property or to clear his or her title or interest in the real property is entitled to three (3) times actual damages, punitive damages, and costs, including any reasonable attorney's fees or other costs of litigation reasonably incurred.

(d) This section does not apply to a bona fide filing of lis pendens, materialmen's lien, laborer's lien, or other legitimate notice or protective filing as provided by law.

Amended by Act 2019, No. 910,§ 674, eff. 7/1/2019.

Amended by Act 2013, No. 1125,§ 9, eff. 8/16/2013.

Acts 1995, No. 1086, §§ 1-3; 2011, No. 172, § 1.
Ark. Code Ann. § 5-74-203 — AR Code / Title 5 / Chapter 74 / Subchapter 2 / Section 5-74-203
Soliciting or recruiting a minor to join or to remain a member of a criminal gang, organization, or enterprise
Status: in_force

(a) Any person who by intimidation or duress causes, aids, abets, encourages, solicits, or recruits a minor to become or to remain a member of any group that the person knows to be a criminal gang, organization, or enterprise that falls into the definition and intent of this subchapter is guilty of a Class C felony. (b) Any person who is found guilty of or who pleads guilty or nolo contendere to a second or subsequent violation of this section is guilty of a Class B felony. Acts 1994 (2nd Ex. Sess.), No. 33, § 3; 1994 (2nd Ex. Sess.), No. 34, § 3.

(a) Any person who by intimidation or duress causes, aids, abets, encourages, solicits, or recruits a minor to become or to remain a member of any group that the person knows to be a criminal gang, organization, or enterprise that falls into the definition and intent of this subchapter is guilty of a Class C felony.

(b) Any person who is found guilty of or who pleads guilty or nolo contendere to a second or subsequent violation of this section is guilty of a Class B felony.

Acts 1994 (2nd Ex. Sess.), No. 33, § 3; 1994 (2nd Ex. Sess.), No. 34, § 3.