Ark. Code Ann. § 5-42-203 — AR Code / Title 5 / Chapter 42 / Subchapter 2 / Section 5-42-203
Definitions
Status: in_force

As used in this subchapter: (1) "Conducts" means initiating or concluding, or participating in initiating or concluding, a transaction; (2) "Contraband" means any funds or property or monetary instrument that is criminal proceeds or that was otherwise used with the knowledge and consent of the owner to facilitate a violation of this subchapter, as well as any related record and any other article possessed under circumstances prohibited by law; (3) "Crime of pecuniary gain" means any violation of Arkansas law that results, or was intended to result, in the defendant receiving income, benefit, property, money, or anything of value; (4) "Crime of violence" means any violation of Arkansas law in which a person purposely or knowingly causes, or threatens to cause, death or physical injury to another person, specifically including rape; (5) "Criminal proceeds" means: (A) Anything of value furnished or intended to be furnished in exchange for criminal conduct or contraband received in violation of state or federal law; and (B) Property or profits traceable to an exchange described in this subdivision (5); (6) "Monetary instrument" means any: (A) Coin or currency of the United States or of any other country; and (B) Traveler's check, personal check, bank check, money order, investment security in bearer form or otherwise in such form that title to the investment security passes upon delivery, and negotiable instrument in bearer form or otherwise in such form that title to the negotiable instrument passes upon delivery; (7) "Predicate criminal offense" means any violation of Arkansas law that is a crime of violence or crime of pecuniary gain; and (8) (A) "Transaction" means any acquisition or disposition of property by any means, including a purchase, sale, trade, investment, payment, loan, pledge, gift, transfer, delivery, deposit, withdrawal, transfer between accounts, exchange of currency, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected. (B) Subdivision (8)(A) of this section is not an exclusive list. Acts 1993, No. 1148, § 3.

As used in this subchapter:

(1) "Conducts" means initiating or concluding, or participating in initiating or concluding, a transaction;

(2) "Contraband" means any funds or property or monetary instrument that is criminal proceeds or that was otherwise used with the knowledge and consent of the owner to facilitate a violation of this subchapter, as well as any related record and any other article possessed under circumstances prohibited by law;

(3) "Crime of pecuniary gain" means any violation of Arkansas law that results, or was intended to result, in the defendant receiving income, benefit, property, money, or anything of value;

(4) "Crime of violence" means any violation of Arkansas law in which a person purposely or knowingly causes, or threatens to cause, death or physical injury to another person, specifically including rape;

(5) "Criminal proceeds" means: (A) Anything of value furnished or intended to be furnished in exchange for criminal conduct or contraband received in violation of state or federal law; and (B) Property or profits traceable to an exchange described in this subdivision (5);

(A) Anything of value furnished or intended to be furnished in exchange for criminal conduct or contraband received in violation of state or federal law; and

(B) Property or profits traceable to an exchange described in this subdivision (5);

(6) "Monetary instrument" means any: (A) Coin or currency of the United States or of any other country; and (B) Traveler's check, personal check, bank check, money order, investment security in bearer form or otherwise in such form that title to the investment security passes upon delivery, and negotiable instrument in bearer form or otherwise in such form that title to the negotiable instrument passes upon delivery;

(A) Coin or currency of the United States or of any other country; and

(B) Traveler's check, personal check, bank check, money order, investment security in bearer form or otherwise in such form that title to the investment security passes upon delivery, and negotiable instrument in bearer form or otherwise in such form that title to the negotiable instrument passes upon delivery;

(7) "Predicate criminal offense" means any violation of Arkansas law that is a crime of violence or crime of pecuniary gain; and

(8) (A) "Transaction" means any acquisition or disposition of property by any means, including a purchase, sale, trade, investment, payment, loan, pledge, gift, transfer, delivery, deposit, withdrawal, transfer between accounts, exchange of currency, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected. (B) Subdivision (8)(A) of this section is not an exclusive list.

(A) "Transaction" means any acquisition or disposition of property by any means, including a purchase, sale, trade, investment, payment, loan, pledge, gift, transfer, delivery, deposit, withdrawal, transfer between accounts, exchange of currency, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected.

(B) Subdivision (8)(A) of this section is not an exclusive list.

Acts 1993, No. 1148, § 3.
Ark. Code Ann. § 5-38-312 — AR Code / Title 5 / Chapter 38 / Subchapter 3 / Section 5-38-312
No presumption on cause of fire
Status: in_force

(a) The purpose of this section is to: (1) Clarify that there is not a presumption as to the cause of fire related to a violation of this subchapter; (2) Abolish any common law contrary to this section, including without limitation Johnson v. State, 198 Ark. 871, 131 S.W.2d 934 (1939) and Thomas v. State, 295 Ark. 29, 746 S.W.2d 49 (1988); and (3) Clarify that there is no change under this section to the public policy as it relates to civil actions involving the cause of a fire. (b) There is not a presumption in a prosecution brought under this subchapter that: (1) A fire was caused by: (A) Accident; or (B) Natural causes; or (2) A fire was set on purpose or of incendiary origin. (c) The burden of proof for the cause of a fire in a prosecution brought under this subchapter is beyond a reasonable doubt as provided under § 5-1-111 . (d) This section does not affect a civil action involving the cause of a fire. Added by Act 2013, No. 982,§ 1, eff. 8/16/2013.

(a) The purpose of this section is to: (1) Clarify that there is not a presumption as to the cause of fire related to a violation of this subchapter; (2) Abolish any common law contrary to this section, including without limitation Johnson v. State, 198 Ark. 871, 131 S.W.2d 934 (1939) and Thomas v. State, 295 Ark. 29, 746 S.W.2d 49 (1988); and (3) Clarify that there is no change under this section to the public policy as it relates to civil actions involving the cause of a fire.

(1) Clarify that there is not a presumption as to the cause of fire related to a violation of this subchapter;

(2) Abolish any common law contrary to this section, including without limitation Johnson v. State, 198 Ark. 871, 131 S.W.2d 934 (1939) and Thomas v. State, 295 Ark. 29, 746 S.W.2d 49 (1988); and

(3) Clarify that there is no change under this section to the public policy as it relates to civil actions involving the cause of a fire.

(b) There is not a presumption in a prosecution brought under this subchapter that: (1) A fire was caused by: (A) Accident; or (B) Natural causes; or (2) A fire was set on purpose or of incendiary origin.

(1) A fire was caused by: (A) Accident; or (B) Natural causes; or

(A) Accident; or

(B) Natural causes; or

(2) A fire was set on purpose or of incendiary origin.

(c) The burden of proof for the cause of a fire in a prosecution brought under this subchapter is beyond a reasonable doubt as provided under § 5-1-111 .

(d) This section does not affect a civil action involving the cause of a fire.

Added by Act 2013, No. 982,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-5-304 — AR Code / Title 5 / Chapter 5 / Subchapter 3 / Section 5-5-304
Disposition of forfeited property
Status: in_force

(a) Subject to the provisions of subsection (c) of this section, if property forfeited pursuant to § 5-5-302 is harmful to the public health or is required by law to be destroyed, the law enforcement agency to which the property is forfeited shall: (1) Require the sheriff of the county to take custody of the property and remove it to any appropriate location for disposition in accordance with law; or (2) Forward the property to the Department of Arkansas State Police for disposition. (b) Subject to the provisions of subsection (c) of this section, if property forfeited pursuant to § 5-5-302 is not harmful to the public health and is not required by law to be destroyed, the law enforcement agency to which the property is forfeited shall: (1) Sell the property in accordance with subsection (d) of this section; or (2) Retain the property for official use if the property is not subject to a lien that has been preserved by the circuit court. (c) If the property is a controlled substance, the law enforcement agency to which the property is forfeited shall transfer it to the Drug Enforcement Administration of the United States Department of Justice or the Department of Health for disposition or destruction. (d) (1) If a law enforcement agency desires to sell property forfeited to it pursuant to § 5-5-302 , the law enforcement agency shall first cause notice of the sale to be made by publication at least two (2) times a week for two (2) consecutive weeks in a newspaper having general circulation in the county and sending a copy of the notice of the sale by certified mail, return receipt requested, to any person having ownership of or a security interest in the property or in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure, if: (A) The property is of a type for which title or registration is required by law; (B) The owner of the property is known in fact to the law enforcement agency at the time of seizure; or (C) The property is subject to a security interest perfected in accordance with the Uniform Commercial Code, § 4-1-101 et seq. (2) The notice of the sale shall include the time, place, and conditions of the sale and a description of the property to be sold. (3) The property shall then be disposed of at public auction to the highest bidder for cash without appraisal. Acts 1993, No. 1031, § 4.

(a) Subject to the provisions of subsection (c) of this section, if property forfeited pursuant to § 5-5-302 is harmful to the public health or is required by law to be destroyed, the law enforcement agency to which the property is forfeited shall: (1) Require the sheriff of the county to take custody of the property and remove it to any appropriate location for disposition in accordance with law; or (2) Forward the property to the Department of Arkansas State Police for disposition.

(1) Require the sheriff of the county to take custody of the property and remove it to any appropriate location for disposition in accordance with law; or

(2) Forward the property to the Department of Arkansas State Police for disposition.

(b) Subject to the provisions of subsection (c) of this section, if property forfeited pursuant to § 5-5-302 is not harmful to the public health and is not required by law to be destroyed, the law enforcement agency to which the property is forfeited shall: (1) Sell the property in accordance with subsection (d) of this section; or (2) Retain the property for official use if the property is not subject to a lien that has been preserved by the circuit court.

(1) Sell the property in accordance with subsection (d) of this section; or

(2) Retain the property for official use if the property is not subject to a lien that has been preserved by the circuit court.

(c) If the property is a controlled substance, the law enforcement agency to which the property is forfeited shall transfer it to the Drug Enforcement Administration of the United States Department of Justice or the Department of Health for disposition or destruction.

(d) (1) If a law enforcement agency desires to sell property forfeited to it pursuant to § 5-5-302 , the law enforcement agency shall first cause notice of the sale to be made by publication at least two (2) times a week for two (2) consecutive weeks in a newspaper having general circulation in the county and sending a copy of the notice of the sale by certified mail, return receipt requested, to any person having ownership of or a security interest in the property or in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure, if: (A) The property is of a type for which title or registration is required by law; (B) The owner of the property is known in fact to the law enforcement agency at the time of seizure; or (C) The property is subject to a security interest perfected in accordance with the Uniform Commercial Code, § 4-1-101 et seq. (2) The notice of the sale shall include the time, place, and conditions of the sale and a description of the property to be sold. (3) The property shall then be disposed of at public auction to the highest bidder for cash without appraisal.

(1) If a law enforcement agency desires to sell property forfeited to it pursuant to § 5-5-302 , the law enforcement agency shall first cause notice of the sale to be made by publication at least two (2) times a week for two (2) consecutive weeks in a newspaper having general circulation in the county and sending a copy of the notice of the sale by certified mail, return receipt requested, to any person having ownership of or a security interest in the property or in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure, if: (A) The property is of a type for which title or registration is required by law; (B) The owner of the property is known in fact to the law enforcement agency at the time of seizure; or (C) The property is subject to a security interest perfected in accordance with the Uniform Commercial Code, § 4-1-101 et seq.

(A) The property is of a type for which title or registration is required by law;

(B) The owner of the property is known in fact to the law enforcement agency at the time of seizure; or

(C) The property is subject to a security interest perfected in accordance with the Uniform Commercial Code, § 4-1-101 et seq.

(2) The notice of the sale shall include the time, place, and conditions of the sale and a description of the property to be sold.

(3) The property shall then be disposed of at public auction to the highest bidder for cash without appraisal.

Acts 1993, No. 1031, § 4.
Ark. Code Ann. § 5-66-119 — AR Code / Title 5 / Chapter 66 / Section 5-66-119
Lottery - Promotion through sales
Status: in_force

(a) (1) Any person who in this state, directly or indirectly, sets up, promotes, engages in, or in any manner participates in any plan, scheme, device, or other means, either alone or in concert with any other person, firm, or corporation, either within or without the State of Arkansas, in which goods, property, or any other thing of value is sold to any person, firm, or corporation for any consideration, either cash or otherwise, and upon the further consideration that the purchaser agrees to obtain one (1) or more persons to participate in the plan, scheme, device, or other means by making a similar purchase and a similar agreement to secure one (1) or more other persons to participate in the plan, scheme, device, or other means in the same manner, each purchaser being given the right to obtain money, credits, goods, or some other thing of value, depending upon the number of persons joining in or participating in the plan, scheme, device, or other means, is declared to have set up, promoted, engaged in, or participated in a lottery, which is declared to be unlawful. (2) The promotion, engaging in, or participation in the plan, scheme, device, or other means described in subdivision (a)(1) of this section is punishable as provided in this section. (b) (1) Upon a complaint filed by any interested person, on relation of the State of Arkansas, the Attorney General, or any prosecuting attorney of any county where a plan, scheme, device, or other means described in subdivision (a)(1) of this section is proposed, promoted, operated, engaged in, or participated in, the circuit court of the county where the plan, scheme, device, or other means described in subdivision (a)(1) of this section is set up, proposed, operated, promoted, engaged in, or participated in may enjoin the further operation, promotion of, engagement, or participation in the plan, scheme, device, or other means. (2) Any injunction under subdivision (b)(1) of this section may be granted without bond furnished by the plaintiff, and the circuit court may make further orders touching upon the subject matter as it may find necessary and desirable. (c) (1) The General Assembly recognizes that: (A) The present laws relating to lotteries are vague in certain areas and, although designed to prohibit the operation of lotteries in the state, may be interpreted to prohibit even the printing of lottery tickets by companies in this state for distribution in other states where lotteries are legal; (B) There are companies in this state that print various types of tickets, stamps, tags, coupon books, and similar devices and that may be interested in printing lottery tickets for states where lotteries are lawful; and (C) It is the intent and purpose of this subsection to clarify the present law relating to lotteries to specifically permit businesses in Arkansas to print lottery tickets for use in states where lotteries are lawful. (2) (A) The printing or other production of lottery tickets by a business located in Arkansas for use in a state where a lottery is permitted is declared to be lawful. (B) Nothing contained in this section and § 5-66-119 or any other law shall be construed to make printing or production of lottery tickets described in subdivision (c)(2)(A) of this section unlawful. (d) Any person who violates a provision of this section commits a Class D felony. Acts 1961, No. 49, §§ 1-3; 1975, No. 928, § 10; A.S.A. 1947, §§ 41-3285 -- 41-3287; Acts 1987, No. 835, §§ 1, 2.

(a) (1) Any person who in this state, directly or indirectly, sets up, promotes, engages in, or in any manner participates in any plan, scheme, device, or other means, either alone or in concert with any other person, firm, or corporation, either within or without the State of Arkansas, in which goods, property, or any other thing of value is sold to any person, firm, or corporation for any consideration, either cash or otherwise, and upon the further consideration that the purchaser agrees to obtain one (1) or more persons to participate in the plan, scheme, device, or other means by making a similar purchase and a similar agreement to secure one (1) or more other persons to participate in the plan, scheme, device, or other means in the same manner, each purchaser being given the right to obtain money, credits, goods, or some other thing of value, depending upon the number of persons joining in or participating in the plan, scheme, device, or other means, is declared to have set up, promoted, engaged in, or participated in a lottery, which is declared to be unlawful. (2) The promotion, engaging in, or participation in the plan, scheme, device, or other means described in subdivision (a)(1) of this section is punishable as provided in this section.

(1) Any person who in this state, directly or indirectly, sets up, promotes, engages in, or in any manner participates in any plan, scheme, device, or other means, either alone or in concert with any other person, firm, or corporation, either within or without the State of Arkansas, in which goods, property, or any other thing of value is sold to any person, firm, or corporation for any consideration, either cash or otherwise, and upon the further consideration that the purchaser agrees to obtain one (1) or more persons to participate in the plan, scheme, device, or other means by making a similar purchase and a similar agreement to secure one (1) or more other persons to participate in the plan, scheme, device, or other means in the same manner, each purchaser being given the right to obtain money, credits, goods, or some other thing of value, depending upon the number of persons joining in or participating in the plan, scheme, device, or other means, is declared to have set up, promoted, engaged in, or participated in a lottery, which is declared to be unlawful.

(2) The promotion, engaging in, or participation in the plan, scheme, device, or other means described in subdivision (a)(1) of this section is punishable as provided in this section.

(b) (1) Upon a complaint filed by any interested person, on relation of the State of Arkansas, the Attorney General, or any prosecuting attorney of any county where a plan, scheme, device, or other means described in subdivision (a)(1) of this section is proposed, promoted, operated, engaged in, or participated in, the circuit court of the county where the plan, scheme, device, or other means described in subdivision (a)(1) of this section is set up, proposed, operated, promoted, engaged in, or participated in may enjoin the further operation, promotion of, engagement, or participation in the plan, scheme, device, or other means. (2) Any injunction under subdivision (b)(1) of this section may be granted without bond furnished by the plaintiff, and the circuit court may make further orders touching upon the subject matter as it may find necessary and desirable.

(1) Upon a complaint filed by any interested person, on relation of the State of Arkansas, the Attorney General, or any prosecuting attorney of any county where a plan, scheme, device, or other means described in subdivision (a)(1) of this section is proposed, promoted, operated, engaged in, or participated in, the circuit court of the county where the plan, scheme, device, or other means described in subdivision (a)(1) of this section is set up, proposed, operated, promoted, engaged in, or participated in may enjoin the further operation, promotion of, engagement, or participation in the plan, scheme, device, or other means.

(2) Any injunction under subdivision (b)(1) of this section may be granted without bond furnished by the plaintiff, and the circuit court may make further orders touching upon the subject matter as it may find necessary and desirable.

(c) (1) The General Assembly recognizes that: (A) The present laws relating to lotteries are vague in certain areas and, although designed to prohibit the operation of lotteries in the state, may be interpreted to prohibit even the printing of lottery tickets by companies in this state for distribution in other states where lotteries are legal; (B) There are companies in this state that print various types of tickets, stamps, tags, coupon books, and similar devices and that may be interested in printing lottery tickets for states where lotteries are lawful; and (C) It is the intent and purpose of this subsection to clarify the present law relating to lotteries to specifically permit businesses in Arkansas to print lottery tickets for use in states where lotteries are lawful. (2) (A) The printing or other production of lottery tickets by a business located in Arkansas for use in a state where a lottery is permitted is declared to be lawful. (B) Nothing contained in this section and § 5-66-119 or any other law shall be construed to make printing or production of lottery tickets described in subdivision (c)(2)(A) of this section unlawful.

(1) The General Assembly recognizes that: (A) The present laws relating to lotteries are vague in certain areas and, although designed to prohibit the operation of lotteries in the state, may be interpreted to prohibit even the printing of lottery tickets by companies in this state for distribution in other states where lotteries are legal; (B) There are companies in this state that print various types of tickets, stamps, tags, coupon books, and similar devices and that may be interested in printing lottery tickets for states where lotteries are lawful; and (C) It is the intent and purpose of this subsection to clarify the present law relating to lotteries to specifically permit businesses in Arkansas to print lottery tickets for use in states where lotteries are lawful.

(A) The present laws relating to lotteries are vague in certain areas and, although designed to prohibit the operation of lotteries in the state, may be interpreted to prohibit even the printing of lottery tickets by companies in this state for distribution in other states where lotteries are legal;

(B) There are companies in this state that print various types of tickets, stamps, tags, coupon books, and similar devices and that may be interested in printing lottery tickets for states where lotteries are lawful; and

(C) It is the intent and purpose of this subsection to clarify the present law relating to lotteries to specifically permit businesses in Arkansas to print lottery tickets for use in states where lotteries are lawful.

(2) (A) The printing or other production of lottery tickets by a business located in Arkansas for use in a state where a lottery is permitted is declared to be lawful. (B) Nothing contained in this section and § 5-66-119 or any other law shall be construed to make printing or production of lottery tickets described in subdivision (c)(2)(A) of this section unlawful.

(A) The printing or other production of lottery tickets by a business located in Arkansas for use in a state where a lottery is permitted is declared to be lawful.

(B) Nothing contained in this section and § 5-66-119 or any other law shall be construed to make printing or production of lottery tickets described in subdivision (c)(2)(A) of this section unlawful.

(d) Any person who violates a provision of this section commits a Class D felony.

Acts 1961, No. 49, §§ 1-3; 1975, No. 928, § 10; A.S.A. 1947, §§ 41-3285 -- 41-3287; Acts 1987, No. 835, §§ 1, 2.
Ark. Code Ann. § 5-73-301 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-301
Definitions
Status: in_force

As used in this subchapter: (1) "Acceptable electronic format" means an electronic image produced on the person's own cellular phone or other type of portable electronic device that displays all of the information on a concealed handgun license as clearly as an original concealed handgun license; (2) "Concealed" means to cover from observation so as to prevent public view; (3) "Convicted" means that a person pleaded guilty or nolo contendere to or was found guilty of a criminal offense; (4) "Handgun" means any firearm, other than a fully automatic firearm, with a barrel length of less than twelve inches (12") that is designed, made, or adapted to be fired with one (1) hand; (5) "Licensee" means a person granted a valid license to carry a concealed handgun pursuant to this subchapter; (6) "Parking lot" means an area, structure, or part of a structure designated for the parking of motor vehicles or a designated drop-off zone for children at a school; (7) "Private university or private college" means an institution of higher education that is not a public university, public college, or community college as defined in § 5-73-322 ; and (8) "Retired law enforcement officer" means a person who retired as a certified law enforcement officer from a local or state law enforcement agency with at least ten (10) years of experience as a law enforcement officer. Amended by Act 2017, No. 957,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 859,§ 3, eff. 9/1/2017. Amended by Act 2015, No. 1078,§ 3, eff. 7/22/2015. Amended by Act 2013, No. 419,§ 1, eff. 8/16/2013. Acts 1995, No. 411, § 1; 1995, No. 419, § 1; 1997, No. 1239, § 1; 2007, No. 664, § 1; 2007, No. 827, §§ 98, 99.

As used in this subchapter:

(1) "Acceptable electronic format" means an electronic image produced on the person's own cellular phone or other type of portable electronic device that displays all of the information on a concealed handgun license as clearly as an original concealed handgun license;

(2) "Concealed" means to cover from observation so as to prevent public view;

(3) "Convicted" means that a person pleaded guilty or nolo contendere to or was found guilty of a criminal offense;

(4) "Handgun" means any firearm, other than a fully automatic firearm, with a barrel length of less than twelve inches (12") that is designed, made, or adapted to be fired with one (1) hand;

(5) "Licensee" means a person granted a valid license to carry a concealed handgun pursuant to this subchapter;

(6) "Parking lot" means an area, structure, or part of a structure designated for the parking of motor vehicles or a designated drop-off zone for children at a school;

(7) "Private university or private college" means an institution of higher education that is not a public university, public college, or community college as defined in § 5-73-322 ; and

(8) "Retired law enforcement officer" means a person who retired as a certified law enforcement officer from a local or state law enforcement agency with at least ten (10) years of experience as a law enforcement officer.

Amended by Act 2017, No. 957,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 859,§ 3, eff. 9/1/2017.

Amended by Act 2015, No. 1078,§ 3, eff. 7/22/2015.

Amended by Act 2013, No. 419,§ 1, eff. 8/16/2013.

Acts 1995, No. 411, § 1; 1995, No. 419, § 1; 1997, No. 1239, § 1; 2007, No. 664, § 1; 2007, No. 827, §§ 98, 99.
Ark. Code Ann. § 5-63-205 — AR Code / Title 5 / Chapter 63 / Subchapter 2 / Section 5-63-205
Misleading caller identification information - Exemptions - Penalties
Status: in_force

(a) It is unlawful for a person, in connection with a telecommunications service, to cause a caller identification service to transmit misleading or inaccurate caller identification information if the purpose is to defraud, cause harm, or wrongfully obtain anything of value. (b) It is unlawful for a person, in connection with a telecommunications service, to cause a caller identification service to transmit misleading or inaccurate caller identification information unless the person has verified that the caller has a right to use the name and the phone number displayed. (c) It is unlawful for a telecommunications service to permit or cause a caller identification service or device to display the name or telephone number of the recipient. (d) It is unlawful for a person to use a third party to display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's telephone caller identification service for any purpose. (e) This section does not prohibit: (1) An authorized activity of a law enforcement agency; (2) Any investigative, protective, or intelligence activity of a law enforcement agency, including a law enforcement agency of the United States, another state, or a political subdivision of another state, an intelligence agency of the United States, or a protective services shelter or facility, including without limitation a domestic violence shelter, from transmitting or causing to be transmitted, an inaccurate telecommunications number; (3) A telecommunications service from blocking or restricting the name or phone number from being displayed by caller identification equipment or devices; (4) Any activity pursuant to a court order that specifically authorizes the use of caller identification manipulation; or (5) A telecommunications provider or other person from transmitting or causing to be transmitted an inaccurate telecommunications telephone number for a legitimate business purpose. (f) This section does not apply to a telecommunications provider that complies with § 23-17-122 . (g) A violation of this section is a Class D felony. Amended by Act 2019, No. 1074,§ 1, eff. 4/16/2019. Added by Act 2019, No. 677,§ 8, eff. 7/24/2019.

(a) It is unlawful for a person, in connection with a telecommunications service, to cause a caller identification service to transmit misleading or inaccurate caller identification information if the purpose is to defraud, cause harm, or wrongfully obtain anything of value.

(b) It is unlawful for a person, in connection with a telecommunications service, to cause a caller identification service to transmit misleading or inaccurate caller identification information unless the person has verified that the caller has a right to use the name and the phone number displayed.

(c) It is unlawful for a telecommunications service to permit or cause a caller identification service or device to display the name or telephone number of the recipient.

(d) It is unlawful for a person to use a third party to display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's telephone caller identification service for any purpose.

(e) This section does not prohibit: (1) An authorized activity of a law enforcement agency; (2) Any investigative, protective, or intelligence activity of a law enforcement agency, including a law enforcement agency of the United States, another state, or a political subdivision of another state, an intelligence agency of the United States, or a protective services shelter or facility, including without limitation a domestic violence shelter, from transmitting or causing to be transmitted, an inaccurate telecommunications number; (3) A telecommunications service from blocking or restricting the name or phone number from being displayed by caller identification equipment or devices; (4) Any activity pursuant to a court order that specifically authorizes the use of caller identification manipulation; or (5) A telecommunications provider or other person from transmitting or causing to be transmitted an inaccurate telecommunications telephone number for a legitimate business purpose.

(1) An authorized activity of a law enforcement agency;

(2) Any investigative, protective, or intelligence activity of a law enforcement agency, including a law enforcement agency of the United States, another state, or a political subdivision of another state, an intelligence agency of the United States, or a protective services shelter or facility, including without limitation a domestic violence shelter, from transmitting or causing to be transmitted, an inaccurate telecommunications number;

(3) A telecommunications service from blocking or restricting the name or phone number from being displayed by caller identification equipment or devices;

(4) Any activity pursuant to a court order that specifically authorizes the use of caller identification manipulation; or

(5) A telecommunications provider or other person from transmitting or causing to be transmitted an inaccurate telecommunications telephone number for a legitimate business purpose.

(f) This section does not apply to a telecommunications provider that complies with § 23-17-122 .

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

Amended by Act 2019, No. 1074,§ 1, eff. 4/16/2019.

Added by Act 2019, No. 677,§ 8, eff. 7/24/2019.
Ark. Code Ann. § 5-65-208 — AR Code / Title 5 / Chapter 65 / Subchapter 2 / Section 5-65-208
Motor vehicle and motorboat accidents - Testing required
Status: in_force

(a) When the driver of a motor vehicle or operator of a motorboat on the waters of this state is involved in an accident resulting in loss of human life, when there is reason to believe death may result, or when a person sustains serious physical injury, a chemical test of the driver's or operator's breath, saliva, or urine shall be administered to the driver or operator, even if he or she is fatally injured, to determine the presence of and percentage of alcohol concentration or the presence of a controlled substance, or both, in the driver's or operator's body. (b) (1) A chemical test under this section shall be ordered as soon as practicable by one (1) of the following persons or agencies: (A) The law enforcement agency investigating the accident; (B) The physician in attendance; or (C) Other person designated by state law. (2) (A) The person who conducts the chemical test of the driver's or operator's breath, saliva, or urine under this section shall forward the results of the chemical test to the Division of Arkansas State Police, and the division shall establish and maintain the results of the chemical tests required by subsection (a) of this section in a database. (B) The information in the database shall reflect the number of fatal motor vehicle accidents in which: (i) Alcohol was found to be a factor, including the percentage of alcohol concentration involved; (ii) Controlled substances were found to be a factor, including a list of the controlled substances found, the specific class of the controlled substance, and the amount; and (iii) Both alcohol and a controlled substance were found to be factors, including the percentage of alcohol concentration involved, as well as a list of the controlled substances found and the amount. (c) The result of a chemical test required by this section shall be reported to the division and may be used by state and local officials for: (1) Statistical purposes that do not reveal the identity of the deceased person; or (2) Any law enforcement purpose, including prosecution for the violation of any law. (d) Absent exigent circumstances, a test of a person's blood under this section to determine the person's alcohol concentration, controlled substance content, or other intoxicating substance content in his or her blood requires a warrant based on probable cause that the person was operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or the person's express consent to the test. Amended by Act 2021, No. 147,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 654,§ 3, eff. 7/24/2019. Amended by Act 2017, No. 1031,§ 5, eff. 8/1/2017. Amended by Act 2015, No. 299,§ 12, eff. 7/22/2015. Amended by Act 2013, No. 361,§ 9, eff. 8/16/2013. Acts 1995, No. 711, § 2; 1995, No. 1105, § 2; 2003, No. 950, § 1; 2009, No. 423, § 1; 2011, No. 1120, § 13.

(a) When the driver of a motor vehicle or operator of a motorboat on the waters of this state is involved in an accident resulting in loss of human life, when there is reason to believe death may result, or when a person sustains serious physical injury, a chemical test of the driver's or operator's breath, saliva, or urine shall be administered to the driver or operator, even if he or she is fatally injured, to determine the presence of and percentage of alcohol concentration or the presence of a controlled substance, or both, in the driver's or operator's body.

(b) (1) A chemical test under this section shall be ordered as soon as practicable by one (1) of the following persons or agencies: (A) The law enforcement agency investigating the accident; (B) The physician in attendance; or (C) Other person designated by state law. (2) (A) The person who conducts the chemical test of the driver's or operator's breath, saliva, or urine under this section shall forward the results of the chemical test to the Division of Arkansas State Police, and the division shall establish and maintain the results of the chemical tests required by subsection (a) of this section in a database. (B) The information in the database shall reflect the number of fatal motor vehicle accidents in which: (i) Alcohol was found to be a factor, including the percentage of alcohol concentration involved; (ii) Controlled substances were found to be a factor, including a list of the controlled substances found, the specific class of the controlled substance, and the amount; and (iii) Both alcohol and a controlled substance were found to be factors, including the percentage of alcohol concentration involved, as well as a list of the controlled substances found and the amount.

(1) A chemical test under this section shall be ordered as soon as practicable by one (1) of the following persons or agencies: (A) The law enforcement agency investigating the accident; (B) The physician in attendance; or (C) Other person designated by state law.

(A) The law enforcement agency investigating the accident;

(B) The physician in attendance; or

(C) Other person designated by state law.

(2) (A) The person who conducts the chemical test of the driver's or operator's breath, saliva, or urine under this section shall forward the results of the chemical test to the Division of Arkansas State Police, and the division shall establish and maintain the results of the chemical tests required by subsection (a) of this section in a database. (B) The information in the database shall reflect the number of fatal motor vehicle accidents in which: (i) Alcohol was found to be a factor, including the percentage of alcohol concentration involved; (ii) Controlled substances were found to be a factor, including a list of the controlled substances found, the specific class of the controlled substance, and the amount; and (iii) Both alcohol and a controlled substance were found to be factors, including the percentage of alcohol concentration involved, as well as a list of the controlled substances found and the amount.

(A) The person who conducts the chemical test of the driver's or operator's breath, saliva, or urine under this section shall forward the results of the chemical test to the Division of Arkansas State Police, and the division shall establish and maintain the results of the chemical tests required by subsection (a) of this section in a database.

(B) The information in the database shall reflect the number of fatal motor vehicle accidents in which: (i) Alcohol was found to be a factor, including the percentage of alcohol concentration involved; (ii) Controlled substances were found to be a factor, including a list of the controlled substances found, the specific class of the controlled substance, and the amount; and (iii) Both alcohol and a controlled substance were found to be factors, including the percentage of alcohol concentration involved, as well as a list of the controlled substances found and the amount.

(i) Alcohol was found to be a factor, including the percentage of alcohol concentration involved;

(ii) Controlled substances were found to be a factor, including a list of the controlled substances found, the specific class of the controlled substance, and the amount; and

(iii) Both alcohol and a controlled substance were found to be factors, including the percentage of alcohol concentration involved, as well as a list of the controlled substances found and the amount.

(c) The result of a chemical test required by this section shall be reported to the division and may be used by state and local officials for: (1) Statistical purposes that do not reveal the identity of the deceased person; or (2) Any law enforcement purpose, including prosecution for the violation of any law.

(1) Statistical purposes that do not reveal the identity of the deceased person; or

(2) Any law enforcement purpose, including prosecution for the violation of any law.

(d) Absent exigent circumstances, a test of a person's blood under this section to determine the person's alcohol concentration, controlled substance content, or other intoxicating substance content in his or her blood requires a warrant based on probable cause that the person was operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or the person's express consent to the test.

Amended by Act 2021, No. 147,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 654,§ 3, eff. 7/24/2019.

Amended by Act 2017, No. 1031,§ 5, eff. 8/1/2017.

Amended by Act 2015, No. 299,§ 12, eff. 7/22/2015.

Amended by Act 2013, No. 361,§ 9, eff. 8/16/2013.

Acts 1995, No. 711, § 2; 1995, No. 1105, § 2; 2003, No. 950, § 1; 2009, No. 423, § 1; 2011, No. 1120, § 13.
Ark. Code Ann. § 5-60-102 — AR Code / Title 5 / Chapter 60 / Subchapter 1 / Section 5-60-102
Prohibition on sales and distribution of novelty lighters
Status: in_force

(a) (1) As used in this section, "novelty lighter" means a product commonly used by consumers to ignite cigarettes, cigars, pipes, gas grills, or other combustible material that has entertaining audio or visual features that depict or resemble in physical form or function articles commonly recognized as appealing to or intended for use by children ten (10) years of age or younger, including without limitation lighters that depict or resemble cartoon characters, toys, guns, watches, musical instruments, vehicles, toy animals, food, or beverages or that play musical notes or have flashing lights or other entertaining features. (2) "Novelty lighter" does not include: (A) A lighter manufactured before 1980; or (B) A lighter that lacks a device necessary to produce combustion or a flame. (b) (1) The retail sale, offer of retail sale, gift, or distribution of any novelty lighter in Arkansas is prohibited. (2) Subdivision (b)(1) of this section does not apply to a novelty lighter that is: (A) Being actively transported through the state; or (B) Located in a warehouse closed to the public for purposes of retail sales. (c) A person who pleads guilty or nolo contendere to or is found guilty of violating this section is guilty of a violation and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) for each offense and shall pay court costs. Amended by Act 2013, No. 232,§ 1, eff. 8/16/2013. Acts 2009, No. 329, § 1.

(a) (1) As used in this section, "novelty lighter" means a product commonly used by consumers to ignite cigarettes, cigars, pipes, gas grills, or other combustible material that has entertaining audio or visual features that depict or resemble in physical form or function articles commonly recognized as appealing to or intended for use by children ten (10) years of age or younger, including without limitation lighters that depict or resemble cartoon characters, toys, guns, watches, musical instruments, vehicles, toy animals, food, or beverages or that play musical notes or have flashing lights or other entertaining features. (2) "Novelty lighter" does not include: (A) A lighter manufactured before 1980; or (B) A lighter that lacks a device necessary to produce combustion or a flame.

(1) As used in this section, "novelty lighter" means a product commonly used by consumers to ignite cigarettes, cigars, pipes, gas grills, or other combustible material that has entertaining audio or visual features that depict or resemble in physical form or function articles commonly recognized as appealing to or intended for use by children ten (10) years of age or younger, including without limitation lighters that depict or resemble cartoon characters, toys, guns, watches, musical instruments, vehicles, toy animals, food, or beverages or that play musical notes or have flashing lights or other entertaining features.

(2) "Novelty lighter" does not include: (A) A lighter manufactured before 1980; or (B) A lighter that lacks a device necessary to produce combustion or a flame.

(A) A lighter manufactured before 1980; or

(B) A lighter that lacks a device necessary to produce combustion or a flame.

(b) (1) The retail sale, offer of retail sale, gift, or distribution of any novelty lighter in Arkansas is prohibited. (2) Subdivision (b)(1) of this section does not apply to a novelty lighter that is: (A) Being actively transported through the state; or (B) Located in a warehouse closed to the public for purposes of retail sales.

(1) The retail sale, offer of retail sale, gift, or distribution of any novelty lighter in Arkansas is prohibited.

(2) Subdivision (b)(1) of this section does not apply to a novelty lighter that is: (A) Being actively transported through the state; or (B) Located in a warehouse closed to the public for purposes of retail sales.

(A) Being actively transported through the state; or

(B) Located in a warehouse closed to the public for purposes of retail sales.

(c) A person who pleads guilty or nolo contendere to or is found guilty of violating this section is guilty of a violation and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) for each offense and shall pay court costs.

Amended by Act 2013, No. 232,§ 1, eff. 8/16/2013.

Acts 2009, No. 329, § 1.
Ark. Code Ann. § 5-2-603 — AR Code / Title 5 / Chapter 2 / Subchapter 6 / Section 5-2-603
Execution of public duty
Status: in_force

(a) Conduct that would otherwise constitute an offense is justifiable when it is: (1) Required or authorized by law or by a judicial decree; or (2) Performed by a public servant or a person acting at the public servant's direction in a reasonable exercise or performance of the public servant's official power, duty, or function. (b) The justification afforded by this section applies if the actor reasonably believes his or her conduct is required or authorized: (1) By the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or tribunal or defect in the legal process; or (2) To assist a public servant in the performance of the public servant's duty, notwithstanding that the public servant has exceeded the public servant's legal authority. Acts 1975, No. 280, § 503; A.S.A. 1947, § 41-503.

(a) Conduct that would otherwise constitute an offense is justifiable when it is: (1) Required or authorized by law or by a judicial decree; or (2) Performed by a public servant or a person acting at the public servant's direction in a reasonable exercise or performance of the public servant's official power, duty, or function.

(1) Required or authorized by law or by a judicial decree; or

(2) Performed by a public servant or a person acting at the public servant's direction in a reasonable exercise or performance of the public servant's official power, duty, or function.

(b) The justification afforded by this section applies if the actor reasonably believes his or her conduct is required or authorized: (1) By the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or tribunal or defect in the legal process; or (2) To assist a public servant in the performance of the public servant's duty, notwithstanding that the public servant has exceeded the public servant's legal authority.

(1) By the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or tribunal or defect in the legal process; or

(2) To assist a public servant in the performance of the public servant's duty, notwithstanding that the public servant has exceeded the public servant's legal authority.

Acts 1975, No. 280, § 503; A.S.A. 1947, § 41-503.
Ark. Code Ann. § 5-27-503 — AR Code / Title 5 / Chapter 27 / Subchapter 5 / Section 5-27-503
Possession of fraudulent or altered personal identification document unlawful
Status: in_force

(a) It is unlawful for: (1) A person to possess a fraudulent or altered personal identification document for the purpose of providing a person under twenty-one (21) years of age identification that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law; (2) A person under twenty-one (21) years of age to possess a fraudulent or altered personal identification document that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law; or (3) A person under twenty-one (21) years of age to attempt to purchase an alcoholic beverage or use a fraudulent or altered personal identification document for the purpose of purchasing an alcoholic beverage illegally or other material or substance restricted to adult purchase or possession under existing law. (b) (1) (A) If a seller of alcoholic beverages or the seller's employee has reasonable cause to believe that a person has violated subdivision (a)(3) of this section, the person may be detained in a reasonable manner and for a reasonable length of time by the seller of alcoholic beverages or the seller's employee in order that the seller of alcoholic beverages or the seller's employee may call for a certified law enforcement officer to conduct an investigation. (B) The detention authorized under subdivision (b)(1)(A) of this section does not include a physical detention. (2) If the seller of alcoholic beverages or the seller's employee attempts to verify the age of the person attempting to purchase an alcoholic beverage by way of photographic identification and complies with subdivision (b)(1) of this section, the detention by a seller of alcoholic beverages or the seller's employee does not render the seller of alcoholic beverages or the seller's employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. (3) After conducting an investigation under subdivision (b)(1)(A) of this section and within twenty-four (24) hours of the call from a seller of alcoholic beverages or the seller's employee for the investigation, a certified law enforcement officer may arrest a person without a warrant upon probable cause for believing that the person has violated subdivision (a)(3) of this section. (c) (1) A person who violates this section is deemed guilty of a Class B misdemeanor. (2) A subsequent violation of this section is a Class A misdemeanor. (d) (1) Except for a minor subject to the penalty authorized by § 5-27-504 , in addition to any penalty authorized by subdivision (c)(1) or (2) of this section, at the time of arrest for a violation of subdivision (a)(3) of this section, the arrested person shall immediately surrender his or her license, permit, or other evidence of driving privilege to the arresting law enforcement officer as provided in § 5-65-402 . (2) The Office of Driver Services or its designated official shall suspend or revoke the driving privilege of the arrested person or shall suspend any nonresident driving privilege of the arrested person, as provided in § 5-65-402 . (3) The period of suspension or revocation of driving privilege of the arrested person shall be based on the number of previous offenses of the arrested person as follows: (A) Suspension for sixty (60) days for a first offense under subdivision (a)(3) of this section; (B) Suspension for one hundred twenty (120) days for a second offense under subdivision (a)(3) of this section; and (C) Suspension for one (1) year for a third or subsequent offense under subdivision (a)(3) of this section. (4) In order to determine the number of previous offenses under subdivision (d)(3) of this section to consider when suspending or revoking the arrested person's driving privileges, the office shall consider as a previous offense any conviction under subdivision (a)(3) of this section regardless of when the offense occurred. Acts 1991, No. 567, § 3; 2005, No. 1976, § 1; 2007, No. 922, § 1.

(a) It is unlawful for: (1) A person to possess a fraudulent or altered personal identification document for the purpose of providing a person under twenty-one (21) years of age identification that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law; (2) A person under twenty-one (21) years of age to possess a fraudulent or altered personal identification document that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law; or (3) A person under twenty-one (21) years of age to attempt to purchase an alcoholic beverage or use a fraudulent or altered personal identification document for the purpose of purchasing an alcoholic beverage illegally or other material or substance restricted to adult purchase or possession under existing law.

(1) A person to possess a fraudulent or altered personal identification document for the purpose of providing a person under twenty-one (21) years of age identification that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law;

(2) A person under twenty-one (21) years of age to possess a fraudulent or altered personal identification document that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law; or

(3) A person under twenty-one (21) years of age to attempt to purchase an alcoholic beverage or use a fraudulent or altered personal identification document for the purpose of purchasing an alcoholic beverage illegally or other material or substance restricted to adult purchase or possession under existing law.

(b) (1) (A) If a seller of alcoholic beverages or the seller's employee has reasonable cause to believe that a person has violated subdivision (a)(3) of this section, the person may be detained in a reasonable manner and for a reasonable length of time by the seller of alcoholic beverages or the seller's employee in order that the seller of alcoholic beverages or the seller's employee may call for a certified law enforcement officer to conduct an investigation. (B) The detention authorized under subdivision (b)(1)(A) of this section does not include a physical detention. (2) If the seller of alcoholic beverages or the seller's employee attempts to verify the age of the person attempting to purchase an alcoholic beverage by way of photographic identification and complies with subdivision (b)(1) of this section, the detention by a seller of alcoholic beverages or the seller's employee does not render the seller of alcoholic beverages or the seller's employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. (3) After conducting an investigation under subdivision (b)(1)(A) of this section and within twenty-four (24) hours of the call from a seller of alcoholic beverages or the seller's employee for the investigation, a certified law enforcement officer may arrest a person without a warrant upon probable cause for believing that the person has violated subdivision (a)(3) of this section.

(1) (A) If a seller of alcoholic beverages or the seller's employee has reasonable cause to believe that a person has violated subdivision (a)(3) of this section, the person may be detained in a reasonable manner and for a reasonable length of time by the seller of alcoholic beverages or the seller's employee in order that the seller of alcoholic beverages or the seller's employee may call for a certified law enforcement officer to conduct an investigation. (B) The detention authorized under subdivision (b)(1)(A) of this section does not include a physical detention.

(A) If a seller of alcoholic beverages or the seller's employee has reasonable cause to believe that a person has violated subdivision (a)(3) of this section, the person may be detained in a reasonable manner and for a reasonable length of time by the seller of alcoholic beverages or the seller's employee in order that the seller of alcoholic beverages or the seller's employee may call for a certified law enforcement officer to conduct an investigation.

(B) The detention authorized under subdivision (b)(1)(A) of this section does not include a physical detention.

(2) If the seller of alcoholic beverages or the seller's employee attempts to verify the age of the person attempting to purchase an alcoholic beverage by way of photographic identification and complies with subdivision (b)(1) of this section, the detention by a seller of alcoholic beverages or the seller's employee does not render the seller of alcoholic beverages or the seller's employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(3) After conducting an investigation under subdivision (b)(1)(A) of this section and within twenty-four (24) hours of the call from a seller of alcoholic beverages or the seller's employee for the investigation, a certified law enforcement officer may arrest a person without a warrant upon probable cause for believing that the person has violated subdivision (a)(3) of this section.

(c) (1) A person who violates this section is deemed guilty of a Class B misdemeanor. (2) A subsequent violation of this section is a Class A misdemeanor.

(1) A person who violates this section is deemed guilty of a Class B misdemeanor.

(2) A subsequent violation of this section is a Class A misdemeanor.

(d) (1) Except for a minor subject to the penalty authorized by § 5-27-504 , in addition to any penalty authorized by subdivision (c)(1) or (2) of this section, at the time of arrest for a violation of subdivision (a)(3) of this section, the arrested person shall immediately surrender his or her license, permit, or other evidence of driving privilege to the arresting law enforcement officer as provided in § 5-65-402 . (2) The Office of Driver Services or its designated official shall suspend or revoke the driving privilege of the arrested person or shall suspend any nonresident driving privilege of the arrested person, as provided in § 5-65-402 . (3) The period of suspension or revocation of driving privilege of the arrested person shall be based on the number of previous offenses of the arrested person as follows: (A) Suspension for sixty (60) days for a first offense under subdivision (a)(3) of this section; (B) Suspension for one hundred twenty (120) days for a second offense under subdivision (a)(3) of this section; and (C) Suspension for one (1) year for a third or subsequent offense under subdivision (a)(3) of this section. (4) In order to determine the number of previous offenses under subdivision (d)(3) of this section to consider when suspending or revoking the arrested person's driving privileges, the office shall consider as a previous offense any conviction under subdivision (a)(3) of this section regardless of when the offense occurred.

(1) Except for a minor subject to the penalty authorized by § 5-27-504 , in addition to any penalty authorized by subdivision (c)(1) or (2) of this section, at the time of arrest for a violation of subdivision (a)(3) of this section, the arrested person shall immediately surrender his or her license, permit, or other evidence of driving privilege to the arresting law enforcement officer as provided in § 5-65-402 .

(2) The Office of Driver Services or its designated official shall suspend or revoke the driving privilege of the arrested person or shall suspend any nonresident driving privilege of the arrested person, as provided in § 5-65-402 .

(3) The period of suspension or revocation of driving privilege of the arrested person shall be based on the number of previous offenses of the arrested person as follows: (A) Suspension for sixty (60) days for a first offense under subdivision (a)(3) of this section; (B) Suspension for one hundred twenty (120) days for a second offense under subdivision (a)(3) of this section; and (C) Suspension for one (1) year for a third or subsequent offense under subdivision (a)(3) of this section.

(A) Suspension for sixty (60) days for a first offense under subdivision (a)(3) of this section;

(B) Suspension for one hundred twenty (120) days for a second offense under subdivision (a)(3) of this section; and

(C) Suspension for one (1) year for a third or subsequent offense under subdivision (a)(3) of this section.

(4) In order to determine the number of previous offenses under subdivision (d)(3) of this section to consider when suspending or revoking the arrested person's driving privileges, the office shall consider as a previous offense any conviction under subdivision (a)(3) of this section regardless of when the offense occurred.

Acts 1991, No. 567, § 3; 2005, No. 1976, § 1; 2007, No. 922, § 1.
Ark. Code Ann. § 5-73-308 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-308
License - Issuance or denial
Status: in_force

(a) (1) (A) The Director of the Division of Arkansas State Police may deny a license if within the preceding five (5) years the applicant has been found guilty of one (1) or more crimes of violence constituting a misdemeanor or for the offense of carrying a weapon. (B) The director may revoke a license if the licensee has been found guilty of one (1) or more crimes of violence within the preceding three (3) years. (2) Subdivision (a)(1) of this section does not apply to a misdemeanor that has been expunged or for which the imposition of sentence was suspended. (3) Upon notification by any law enforcement agency or a court and subsequent written verification, the director shall suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify the licensee or applicant from having a license under this subchapter until final disposition of the case. (b) (1) The director may deny a license to carry a concealed handgun if the county sheriff or chief of police, if applicable, of the applicant's place of residence or the director or the director's designee submits an affidavit that the applicant has been or is reasonably likely to be a danger to himself or herself or others or to the community at large, as demonstrated by past patterns of behavior or participation in an incident involving unlawful violence or threats of unlawful violence, or if the applicant is under a criminal investigation at the time of applying for a license to carry a concealed handgun. (2) Within one hundred twenty (120) days after the date of receipt of the items listed in § 5-73-311(a) , the director shall: (A) Issue the license; or (B) Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in this subchapter. (3) (A) If the director denies the application, the director shall notify the applicant in writing, stating the grounds for denial. (B) The decision of the director is subject to appeal under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 910,§ 5737, eff. 7/1/2019. Amended by Act 2013, No. 1328,§ 1, eff. 8/16/2013. Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 4; 2011, No. 758, § 2.

(a) (1) (A) The Director of the Division of Arkansas State Police may deny a license if within the preceding five (5) years the applicant has been found guilty of one (1) or more crimes of violence constituting a misdemeanor or for the offense of carrying a weapon. (B) The director may revoke a license if the licensee has been found guilty of one (1) or more crimes of violence within the preceding three (3) years. (2) Subdivision (a)(1) of this section does not apply to a misdemeanor that has been expunged or for which the imposition of sentence was suspended. (3) Upon notification by any law enforcement agency or a court and subsequent written verification, the director shall suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify the licensee or applicant from having a license under this subchapter until final disposition of the case.

(1) (A) The Director of the Division of Arkansas State Police may deny a license if within the preceding five (5) years the applicant has been found guilty of one (1) or more crimes of violence constituting a misdemeanor or for the offense of carrying a weapon. (B) The director may revoke a license if the licensee has been found guilty of one (1) or more crimes of violence within the preceding three (3) years.

(A) The Director of the Division of Arkansas State Police may deny a license if within the preceding five (5) years the applicant has been found guilty of one (1) or more crimes of violence constituting a misdemeanor or for the offense of carrying a weapon.

(B) The director may revoke a license if the licensee has been found guilty of one (1) or more crimes of violence within the preceding three (3) years.

(2) Subdivision (a)(1) of this section does not apply to a misdemeanor that has been expunged or for which the imposition of sentence was suspended.

(3) Upon notification by any law enforcement agency or a court and subsequent written verification, the director shall suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify the licensee or applicant from having a license under this subchapter until final disposition of the case.

(b) (1) The director may deny a license to carry a concealed handgun if the county sheriff or chief of police, if applicable, of the applicant's place of residence or the director or the director's designee submits an affidavit that the applicant has been or is reasonably likely to be a danger to himself or herself or others or to the community at large, as demonstrated by past patterns of behavior or participation in an incident involving unlawful violence or threats of unlawful violence, or if the applicant is under a criminal investigation at the time of applying for a license to carry a concealed handgun. (2) Within one hundred twenty (120) days after the date of receipt of the items listed in § 5-73-311(a) , the director shall: (A) Issue the license; or (B) Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in this subchapter. (3) (A) If the director denies the application, the director shall notify the applicant in writing, stating the grounds for denial. (B) The decision of the director is subject to appeal under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) The director may deny a license to carry a concealed handgun if the county sheriff or chief of police, if applicable, of the applicant's place of residence or the director or the director's designee submits an affidavit that the applicant has been or is reasonably likely to be a danger to himself or herself or others or to the community at large, as demonstrated by past patterns of behavior or participation in an incident involving unlawful violence or threats of unlawful violence, or if the applicant is under a criminal investigation at the time of applying for a license to carry a concealed handgun.

(2) Within one hundred twenty (120) days after the date of receipt of the items listed in § 5-73-311(a) , the director shall: (A) Issue the license; or (B) Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in this subchapter.

(A) Issue the license; or

(B) Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in this subchapter.

(3) (A) If the director denies the application, the director shall notify the applicant in writing, stating the grounds for denial. (B) The decision of the director is subject to appeal under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(A) If the director denies the application, the director shall notify the applicant in writing, stating the grounds for denial.

(B) The decision of the director is subject to appeal under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 910,§ 5737, eff. 7/1/2019.

Amended by Act 2013, No. 1328,§ 1, eff. 8/16/2013.

Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 4; 2011, No. 758, § 2.
Ark. Code Ann. § 5-13-213 — AR Code / Title 5 / Chapter 13 / Subchapter 2 / Section 5-13-213
Aggravated assault against first responder
Status: in_force

(a) A person commits aggravated assault against a first responder if: (1) The person knowingly causes physical contact with a first responder by spitting, throwing, or otherwise transferring bodily fluids, pathogens, or human waste onto the person of the first responder or by throwing an object such as a brick, rock, bottle, projectile, firework, chemical agent, or explosive device that the person knows or reasonably should know could cause physical injury if the object struck the first responder; and (2) The physical contact: (A) Results in serious physical injury to the first responder; (B) Involves the use of a deadly weapon; (C) Involves the display of a firearm in such a manner that the display of the firearm creates a substantial danger of death or serious physical injury to another person; or (D) Involves strangulation or attempted strangulation. (b) Aggravated assault against a first responder is a Class C felony with a mandatory fine of ten thousand dollars ($10,000) and a mandatory minimum sentence of at least ninety (90) days' imprisonment for which the defendant is required to serve at least ninety (90) days before being released from imprisonment. Amended by Act 2023, No. 736,§ 2, eff. 8/1/2023. Added by Act 2021, No. 1014,§ 3, eff. 7/28/2021.

(a) A person commits aggravated assault against a first responder if: (1) The person knowingly causes physical contact with a first responder by spitting, throwing, or otherwise transferring bodily fluids, pathogens, or human waste onto the person of the first responder or by throwing an object such as a brick, rock, bottle, projectile, firework, chemical agent, or explosive device that the person knows or reasonably should know could cause physical injury if the object struck the first responder; and (2) The physical contact: (A) Results in serious physical injury to the first responder; (B) Involves the use of a deadly weapon; (C) Involves the display of a firearm in such a manner that the display of the firearm creates a substantial danger of death or serious physical injury to another person; or (D) Involves strangulation or attempted strangulation.

(1) The person knowingly causes physical contact with a first responder by spitting, throwing, or otherwise transferring bodily fluids, pathogens, or human waste onto the person of the first responder or by throwing an object such as a brick, rock, bottle, projectile, firework, chemical agent, or explosive device that the person knows or reasonably should know could cause physical injury if the object struck the first responder; and

(2) The physical contact: (A) Results in serious physical injury to the first responder; (B) Involves the use of a deadly weapon; (C) Involves the display of a firearm in such a manner that the display of the firearm creates a substantial danger of death or serious physical injury to another person; or (D) Involves strangulation or attempted strangulation.

(A) Results in serious physical injury to the first responder;

(B) Involves the use of a deadly weapon;

(C) Involves the display of a firearm in such a manner that the display of the firearm creates a substantial danger of death or serious physical injury to another person; or

(D) Involves strangulation or attempted strangulation.

(b) Aggravated assault against a first responder is a Class C felony with a mandatory fine of ten thousand dollars ($10,000) and a mandatory minimum sentence of at least ninety (90) days' imprisonment for which the defendant is required to serve at least ninety (90) days before being released from imprisonment.

Amended by Act 2023, No. 736,§ 2, eff. 8/1/2023.

Added by Act 2021, No. 1014,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 5-64-431 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-431
Manufacture of a Schedule III controlled substance
Status: in_force

(a) Except as provided by this chapter, it is unlawful for a person to manufacture a Schedule III controlled substance. (b) (1) A person who manufactures less than twenty-eight grams (28g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class C felony. (2) A person who manufactures twenty-eight grams (28g) or more but less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class B felony. (3) A person who manufactures two hundred grams (200g) or more by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class A felony. Acts 2011, No. 570, § 53.

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

(b) (1) A person who manufactures less than twenty-eight grams (28g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class C felony. (2) A person who manufactures twenty-eight grams (28g) or more but less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class B felony. (3) A person who manufactures two hundred grams (200g) or more by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class A felony.

(1) A person who manufactures less than twenty-eight grams (28g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class C felony.

(2) A person who manufactures twenty-eight grams (28g) or more but less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class B felony.

(3) A person who manufactures two hundred grams (200g) or more by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class A felony.

Acts 2011, No. 570, § 53.
Ark. Code Ann. § 5-68-304 — AR Code / Title 5 / Chapter 68 / Subchapter 3 / Section 5-68-304
Promoting obscene performance
Status: in_force

(a) A person commits promoting an obscene performance if he or she knowingly: (1) Directs, manages, finances, or presents an obscene performance; or (2) Promotes any obscene performance, as owner, producer, director, manager, or performer. (b) Promoting an obscene performance is a Class D felony. Acts 1981 (Ex. Sess.), No. 28, § 4; A.S.A. 1947, § 41-3585.3.

(a) A person commits promoting an obscene performance if he or she knowingly: (1) Directs, manages, finances, or presents an obscene performance; or (2) Promotes any obscene performance, as owner, producer, director, manager, or performer.

(1) Directs, manages, finances, or presents an obscene performance; or

(2) Promotes any obscene performance, as owner, producer, director, manager, or performer.

(b) Promoting an obscene performance is a Class D felony.

Acts 1981 (Ex. Sess.), No. 28, § 4; A.S.A. 1947, § 41-3585.3.
Ark. Code Ann. § 5-3-401 — AR Code / Title 5 / Chapter 3 / Subchapter 4 / Section 5-3-401
Conduct constituting conspiracy
Status: in_force

A person conspires to commit an offense if with the purpose of promoting or facilitating the commission of any criminal offense: (1) The person agrees with another person or other persons that: (A) One (1) or more of the persons will engage in conduct that constitutes that offense; or (B) The person will aid in the planning or commission of that criminal offense; and (2) The person or another person with whom the person conspires does any overt act in pursuance of the conspiracy. Acts 1975, No. 280, § 707; A.S.A. 1947, § 41-707.

A person conspires to commit an offense if with the purpose of promoting or facilitating the commission of any criminal offense:

(1) The person agrees with another person or other persons that: (A) One (1) or more of the persons will engage in conduct that constitutes that offense; or (B) The person will aid in the planning or commission of that criminal offense; and

(A) One (1) or more of the persons will engage in conduct that constitutes that offense; or

(B) The person will aid in the planning or commission of that criminal offense; and

(2) The person or another person with whom the person conspires does any overt act in pursuance of the conspiracy.

Acts 1975, No. 280, § 707; A.S.A. 1947, § 41-707.
Ark. Code Ann. § 5-26-204 — AR Code / Title 5 / Chapter 26 / Subchapter 2 / Section 5-26-204
Unlawful solicitation for the relinquishment of parental rights
Status: in_force

(a) (1) A person commits the offense of unlawful solicitation for the relinquishment of parental rights in the first degree if in exchange for consenting to the person's or another person's placing a baby who is not yet born for adoption the person offers anything of value prohibited or not permitted under § 9-9-206 to the: (A) Biological mother of the baby who is not yet born; (B) Biological or putative father of the baby who is not yet born; (C) Spouse, partner, or other relative of the biological mother of the baby who is not yet born; or (D) Spouse, partner, or other relative of the biological or putative father of the baby who is not yet born. (2) Unlawful solicitation for the relinquishment of parental rights in the first degree is a: (A) Class A felony if the person uses duress, coercion, undue influence, intimidation, a threat, fraud, or physical force to influence an individual listed in subdivisions (a)(1)(A)-(D) of this section to allow the person or another person to place the baby who is not yet born for adoption; or (B) Class C felony if otherwise committed. (b) (1) A person commits the offense of unlawful solicitation for the relinquishment of parental rights in the second degree if in exchange for consenting to the person's adopting a baby who is not yet born the person offers anything of value prohibited or not permitted under § 9-9-206 to the: (A) Biological mother of the baby who is not yet born; (B) Biological or putative father of the baby who is not yet born; (C) Spouse, partner, or other relative of the biological mother of the baby who is not yet born; or (D) Spouse, partner, or other relative of the biological or putative father of the baby who is not yet born. (2) Unlawful solicitation for the relinquishment of parental rights in the second degree is a: (A) Class D felony if the person uses duress, coercion, undue influence, intimidation, a threat, fraud, or physical force to influence an individual listed in subdivisions (b)(1)(A)-(D) of this section to consent to the person's or another person's adopting the baby who is not yet born; or (B) Class A misdemeanor if otherwise committed. Amended by Act 2019, No. 1022,§ 2, eff. 7/24/2019.

(a) (1) A person commits the offense of unlawful solicitation for the relinquishment of parental rights in the first degree if in exchange for consenting to the person's or another person's placing a baby who is not yet born for adoption the person offers anything of value prohibited or not permitted under § 9-9-206 to the: (A) Biological mother of the baby who is not yet born; (B) Biological or putative father of the baby who is not yet born; (C) Spouse, partner, or other relative of the biological mother of the baby who is not yet born; or (D) Spouse, partner, or other relative of the biological or putative father of the baby who is not yet born. (2) Unlawful solicitation for the relinquishment of parental rights in the first degree is a: (A) Class A felony if the person uses duress, coercion, undue influence, intimidation, a threat, fraud, or physical force to influence an individual listed in subdivisions (a)(1)(A)-(D) of this section to allow the person or another person to place the baby who is not yet born for adoption; or (B) Class C felony if otherwise committed.

(1) A person commits the offense of unlawful solicitation for the relinquishment of parental rights in the first degree if in exchange for consenting to the person's or another person's placing a baby who is not yet born for adoption the person offers anything of value prohibited or not permitted under § 9-9-206 to the: (A) Biological mother of the baby who is not yet born; (B) Biological or putative father of the baby who is not yet born; (C) Spouse, partner, or other relative of the biological mother of the baby who is not yet born; or (D) Spouse, partner, or other relative of the biological or putative father of the baby who is not yet born.

(A) Biological mother of the baby who is not yet born;

(B) Biological or putative father of the baby who is not yet born;

(C) Spouse, partner, or other relative of the biological mother of the baby who is not yet born; or

(D) Spouse, partner, or other relative of the biological or putative father of the baby who is not yet born.

(2) Unlawful solicitation for the relinquishment of parental rights in the first degree is a: (A) Class A felony if the person uses duress, coercion, undue influence, intimidation, a threat, fraud, or physical force to influence an individual listed in subdivisions (a)(1)(A)-(D) of this section to allow the person or another person to place the baby who is not yet born for adoption; or (B) Class C felony if otherwise committed.

(A) Class A felony if the person uses duress, coercion, undue influence, intimidation, a threat, fraud, or physical force to influence an individual listed in subdivisions (a)(1)(A)-(D) of this section to allow the person or another person to place the baby who is not yet born for adoption; or

(B) Class C felony if otherwise committed.

(b) (1) A person commits the offense of unlawful solicitation for the relinquishment of parental rights in the second degree if in exchange for consenting to the person's adopting a baby who is not yet born the person offers anything of value prohibited or not permitted under § 9-9-206 to the: (A) Biological mother of the baby who is not yet born; (B) Biological or putative father of the baby who is not yet born; (C) Spouse, partner, or other relative of the biological mother of the baby who is not yet born; or (D) Spouse, partner, or other relative of the biological or putative father of the baby who is not yet born. (2) Unlawful solicitation for the relinquishment of parental rights in the second degree is a: (A) Class D felony if the person uses duress, coercion, undue influence, intimidation, a threat, fraud, or physical force to influence an individual listed in subdivisions (b)(1)(A)-(D) of this section to consent to the person's or another person's adopting the baby who is not yet born; or (B) Class A misdemeanor if otherwise committed.

(1) A person commits the offense of unlawful solicitation for the relinquishment of parental rights in the second degree if in exchange for consenting to the person's adopting a baby who is not yet born the person offers anything of value prohibited or not permitted under § 9-9-206 to the: (A) Biological mother of the baby who is not yet born; (B) Biological or putative father of the baby who is not yet born; (C) Spouse, partner, or other relative of the biological mother of the baby who is not yet born; or (D) Spouse, partner, or other relative of the biological or putative father of the baby who is not yet born.

(A) Biological mother of the baby who is not yet born;

(B) Biological or putative father of the baby who is not yet born;

(C) Spouse, partner, or other relative of the biological mother of the baby who is not yet born; or

(D) Spouse, partner, or other relative of the biological or putative father of the baby who is not yet born.

(2) Unlawful solicitation for the relinquishment of parental rights in the second degree is a: (A) Class D felony if the person uses duress, coercion, undue influence, intimidation, a threat, fraud, or physical force to influence an individual listed in subdivisions (b)(1)(A)-(D) of this section to consent to the person's or another person's adopting the baby who is not yet born; or (B) Class A misdemeanor if otherwise committed.

(A) Class D felony if the person uses duress, coercion, undue influence, intimidation, a threat, fraud, or physical force to influence an individual listed in subdivisions (b)(1)(A)-(D) of this section to consent to the person's or another person's adopting the baby who is not yet born; or

(B) Class A misdemeanor if otherwise committed.

Amended by Act 2019, No. 1022,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 5-68-411 — AR Code / Title 5 / Chapter 68 / Subchapter 4 / Section 5-68-411
Judgment - Enforcement
Status: in_force

If the circuit court finds the mailable matter to be obscene, it shall enter judgment to that effect and may, in the judgment or in a subsequent order of enforcement of the judgment: (1) Enter a permanent injunction against any respondent prohibiting the respondent from doing or continuing to do any act condemned by this subchapter; (2) Direct any resident respondent to dispose of any obscene mailable matter in the resident respondent's possession or under the resident respondent's control under such conditions and within such time as the circuit court may find to be reasonable; or (3) If any respondent fails to comply with an order of the circuit court, direct any sheriff in the state to seize and destroy any obscene mailable matter in the possession or under the control of the respondent wherever the obscene mailable matter may be found. Acts 1961, No. 261, § 10; A.S.A. 1947, § 41-3571.

If the circuit court finds the mailable matter to be obscene, it shall enter judgment to that effect and may, in the judgment or in a subsequent order of enforcement of the judgment:

(1) Enter a permanent injunction against any respondent prohibiting the respondent from doing or continuing to do any act condemned by this subchapter;

(2) Direct any resident respondent to dispose of any obscene mailable matter in the resident respondent's possession or under the resident respondent's control under such conditions and within such time as the circuit court may find to be reasonable; or

(3) If any respondent fails to comply with an order of the circuit court, direct any sheriff in the state to seize and destroy any obscene mailable matter in the possession or under the control of the respondent wherever the obscene mailable matter may be found.

Acts 1961, No. 261, § 10; A.S.A. 1947, § 41-3571.
Ark. Code Ann. § 5-1-109 — AR Code / Title 5 / Chapter 1 / Section 5-1-109
Statute of limitations
Status: in_force

(a) (1) A prosecution for the following offenses may be commenced at any time: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Rape, § 5-14-103 , if the victim was a minor at the time of the offense; (E) Sexual indecency with a child, § 5-14-110 , if the offense is a felony; (F) Sexual assault in the first degree, § 5-14-124 ; (G) Sexual assault in the second degree, § 5-14-125 , if the victim was a minor at the time of the offense; (H) Incest, § 5-26-202 , if the victim was a minor at the time of the offense; (I) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (J) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (K) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (L) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (M) Computer exploitation of a child in the first degree, § 5-27-605 ; and (N) Fertility treatment fraud, § 5-37-220 . (2) A prosecution may be commenced for a violation of the following offenses, if, when the alleged violation occurred, the offense was committed against a minor, the violation has not been previously reported to a law enforcement agency or prosecuting attorney, and the victim has not reached the age of twenty-eight (28) years of age: (A) Sexual assault in the third degree, § 5-14-126 ; (B) Sexual assault in the fourth degree, § 5-14-127 ; (C) Endangering the welfare of a minor in the first degree, § 5-27-205 ; (D) Permitting abuse of a minor, § 5-27-221 ; and (E) Possession or use of child sexual abuse material, § 5-27-603 . (3) A prosecution for arson, § 5-38-301(a)(1)(G) , may be commenced within ten (10) years after the offense was committed. (4) A prosecution for failure to notify by a mandated reporter in the first degree, § 12-18-201 , and failure to notify by a mandated reporter in the second degree, § 12-18-202 , if the child victim in question was subject to child maltreatment, may be commenced by the later of the following: (A) Ten (10) years after the child victim reaches eighteen (18) years of age; or (B) The period of limitation for an offense underlying the child maltreatment. (b) Except as otherwise provided in this section, a prosecution for another offense shall be commenced within the following periods of limitation after the offense's commission: (1) (A) Class Y felony or Class A felony, six (6) years. (B) However, for rape, § 5-14-103 , the period of limitation is eliminated if biological evidence of the alleged perpetrator is identified that is capable of producing a deoxyribonucleic acid (DNA) profile; (2) (A) Except as provided in subdivision (b)(2)(B)(i) of this section, Class B felony, Class C felony, Class D felony, or an unclassified felony, three (3) years. (B) (i) A prosecution may be commenced for a violation of § 23-66-502 as follows: (a) Within three (3) years of completion of the last act taken to perpetrate alleged fraud; or (b) Within five (5) years of any alleged violation of § 23-66-502 involving a motor vehicle purposely used to cause a motor vehicle accident for the purpose of filing an insurance claim. (ii) If a prosecution could not be commenced within the time period prescribed by subdivision (b)(2)(B)(i) of this section because it was not reasonably possible to discover the alleged fraud at the time of the violation, the time period prescribed shall be extended for a period of three (3) years. (iii) The period of limitation under this subdivision (b)(2)(B) may not extend more than ten (10) years after the date of the violation of § 23-66-502 ; (3) (A) Misdemeanor or violation, one (1) year. (B) However, for a nine-point or greater violation of an Arkansas State Game and Fish Commission regulation or rule, the period of limitation is three (3) years; and (4) Municipal ordinance violation, one (1) year unless a different period of time not to exceed three (3) years is set by ordinance of the municipal government. (c) If the period prescribed in subsection (b) of this section has expired, a prosecution may nevertheless be commenced for: (1) Any offense involving either fraud or breach of a fiduciary obligation, within one (1) year after the offense is discovered or should reasonably have been discovered by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense; and (2) (A) Any offense that is concealed involving felonious conduct in office by a public servant at any time within five (5) years after he or she leaves public office or employment or within five (5) years after the offense is discovered or should reasonably have been discovered, whichever is sooner. (B) However, in no event does this subdivision (c)(2) extend the period of limitation by more than ten (10) years after the commission of the offense. (d) A defendant may be convicted of any offense included in the offense charged, notwithstanding that the period of limitation has expired for the included offense, if as to the offense charged the period of limitation has not expired or there is no period of limitation, and there is sufficient evidence to sustain a conviction for the offense charged. (e) (1) For the purposes of this section, an offense is committed either when: (A) Every element occurs; or (B) If a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time the course of conduct or the defendant's complicity in the course of conduct is terminated. (2) Time starts to run on the day after the offense is committed. (f) A prosecution is commenced: (1) When a person is arrested or issued a citation by a law enforcement officer based upon probable cause; (2) When an arrest warrant is issued by a judge, provided that the arrest warrant is sought to be executed without unreasonable delay; or (3) Upon the filing of an indictment, information, or other charging instrument. (g) The period of limitation does not run: (1) (A) During any time when the accused is continually absent from the state or has no reasonably ascertainable place of abode or work within the state. (B) However, in no event does this subdivision (g)(1) extend the period of limitation otherwise applicable by more than three (3) years; or (2) During any period when a prosecution against the accused for the same conduct is pending in this state. (h) If the period prescribed in subsection (b) of this section has expired, a prosecution may nevertheless be commenced for a violation of the following offenses if, when the alleged violation occurred, the offense was committed against a minor, the violation has not previously been reported to a law enforcement agency or prosecuting attorney, and the period prescribed in subsection (b) of this section has not expired since the victim has reached eighteen (18) years of age: (1) Battery in the first degree, § 5-13-201 ; (2) Battery in the second degree, § 5-13-202 ; (3) Aggravated assault, § 5-13-204 ; (4) Terroristic threatening in the first degree, § 5-13-301 ; (5) Kidnapping, § 5-11-102 ; (6) False imprisonment in the first degree, § 5-11-103 ; (7) Permanent detention or restraint, § 5-11-106 ; and (8) Criminal attempt, criminal solicitation, or criminal conspiracy to commit any offense listed in this subsection, §§ 5-3-201 , 5-3-202 , 5-3-301 , and 5-3-401 . (i) When deoxyribonucleic acid (DNA) testing implicates a person identified through a search of the State DNA Data Base or National DNA Index System, a statute of limitation shall not preclude prosecution of the offense. (j) (1) For an offense occurring after July 28, 2021, if the period prescribed in subsection (b) of this section has expired, a prosecution may nevertheless be commenced for an offense listed under subdivision (j)(2) of this section within five (5) years of the expiration of the limitations otherwise provided for under this section or for an offense listed under subdivision (j)(3) of this section within three (3) years of the expiration of the limitations otherwise provided for under this section, if the offense has not previously been reported to a law enforcement agency or prosecuting attorney and: (A) The state discovers deoxyribonucleic acid (DNA) evidence sufficient to charge the defendant after the period prescribed in subsection (b) of this section has expired; (B) The state becomes aware of the existence of an audio or video recording, a photograph, or a written or electronic communication that provides evidence sufficient to charge the defendant after the period prescribed in subsection (b) of this section has expired; (C) The defendant confesses to the offense and all other elements of the offense are present; or (D) Three (3) or more persons also victimized by the defendant present other evidence of the commission of an offense listed under subdivision (j)(2) of this section, as well as the commission of domestic battering in the third degree, § 5-26-305 , or first degree assault on a family or household member, § 5-26-307 , to a law enforcement agency or prosecuting attorney against the same defendant. (2) The applicable offenses under this subdivision (j)(2) are: (A) Domestic battering in the first degree, § 5-26-303 ; (B) Domestic battering in the second degree, § 5-26-304 ; and (C) Aggravated assault on a family or household member, § 5-26-306 . (3) The applicable offenses under this subdivision (j)(3) are: (A) Domestic battering in the third degree, § 5-26-305 ; and (B) First degree assault on a family or household member, § 5-26-307 . (4) As used in this subsection, "state" means a local law enforcement agency, prosecuting attorney's office, or other law enforcement agency with jurisdiction over the alleged offense. Amended by Act 2023, No. 727,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 727,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 619,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 507,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 174,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 21,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 1087,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 1087,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 800,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 609,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 148, eff. 7/24/2019. Amended by Act 2017, No. 695,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 630,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1009,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1086,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 144,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 104; 1981, No. 620, § 1; A.S.A. 1947, § 41-104; Acts 1987, No. 484, § 1; 1987, No. 586, § 1; 2001, No. 920, § 1; 2001, No. 1780, § 2; 2003, No. 1087, § 8; 2003, No. 1390, § 1; 2005, No. 2250, § 1; 2009, No. 1444, § 1; 2011, No. 698, § 1; 2011, No. 1127, §§ 1, 2.

(a) (1) A prosecution for the following offenses may be commenced at any time: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Rape, § 5-14-103 , if the victim was a minor at the time of the offense; (E) Sexual indecency with a child, § 5-14-110 , if the offense is a felony; (F) Sexual assault in the first degree, § 5-14-124 ; (G) Sexual assault in the second degree, § 5-14-125 , if the victim was a minor at the time of the offense; (H) Incest, § 5-26-202 , if the victim was a minor at the time of the offense; (I) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (J) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (K) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (L) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (M) Computer exploitation of a child in the first degree, § 5-27-605 ; and (N) Fertility treatment fraud, § 5-37-220 . (2) A prosecution may be commenced for a violation of the following offenses, if, when the alleged violation occurred, the offense was committed against a minor, the violation has not been previously reported to a law enforcement agency or prosecuting attorney, and the victim has not reached the age of twenty-eight (28) years of age: (A) Sexual assault in the third degree, § 5-14-126 ; (B) Sexual assault in the fourth degree, § 5-14-127 ; (C) Endangering the welfare of a minor in the first degree, § 5-27-205 ; (D) Permitting abuse of a minor, § 5-27-221 ; and (E) Possession or use of child sexual abuse material, § 5-27-603 . (3) A prosecution for arson, § 5-38-301(a)(1)(G) , may be commenced within ten (10) years after the offense was committed. (4) A prosecution for failure to notify by a mandated reporter in the first degree, § 12-18-201 , and failure to notify by a mandated reporter in the second degree, § 12-18-202 , if the child victim in question was subject to child maltreatment, may be commenced by the later of the following: (A) Ten (10) years after the child victim reaches eighteen (18) years of age; or (B) The period of limitation for an offense underlying the child maltreatment.

(1) A prosecution for the following offenses may be commenced at any time: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Rape, § 5-14-103 , if the victim was a minor at the time of the offense; (E) Sexual indecency with a child, § 5-14-110 , if the offense is a felony; (F) Sexual assault in the first degree, § 5-14-124 ; (G) Sexual assault in the second degree, § 5-14-125 , if the victim was a minor at the time of the offense; (H) Incest, § 5-26-202 , if the victim was a minor at the time of the offense; (I) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (J) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (K) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (L) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (M) Computer exploitation of a child in the first degree, § 5-27-605 ; and (N) Fertility treatment fraud, § 5-37-220 .

(A) Capital murder, § 5-10-101 ;

(B) Murder in the first degree, § 5-10-102 ;

(C) Murder in the second degree, § 5-10-103 ;

(D) Rape, § 5-14-103 , if the victim was a minor at the time of the offense;

(E) Sexual indecency with a child, § 5-14-110 , if the offense is a felony;

(F) Sexual assault in the first degree, § 5-14-124 ;

(G) Sexual assault in the second degree, § 5-14-125 , if the victim was a minor at the time of the offense;

(H) Incest, § 5-26-202 , if the victim was a minor at the time of the offense;

(I) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ;

(J) Transportation of minors for prohibited sexual conduct, § 5-27-305 ;

(K) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ;

(L) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ;

(M) Computer exploitation of a child in the first degree, § 5-27-605 ; and

(N) Fertility treatment fraud, § 5-37-220 .

(2) A prosecution may be commenced for a violation of the following offenses, if, when the alleged violation occurred, the offense was committed against a minor, the violation has not been previously reported to a law enforcement agency or prosecuting attorney, and the victim has not reached the age of twenty-eight (28) years of age: (A) Sexual assault in the third degree, § 5-14-126 ; (B) Sexual assault in the fourth degree, § 5-14-127 ; (C) Endangering the welfare of a minor in the first degree, § 5-27-205 ; (D) Permitting abuse of a minor, § 5-27-221 ; and (E) Possession or use of child sexual abuse material, § 5-27-603 .

(A) Sexual assault in the third degree, § 5-14-126 ;

(B) Sexual assault in the fourth degree, § 5-14-127 ;

(C) Endangering the welfare of a minor in the first degree, § 5-27-205 ;

(D) Permitting abuse of a minor, § 5-27-221 ; and

(E) Possession or use of child sexual abuse material, § 5-27-603 .

(3) A prosecution for arson, § 5-38-301(a)(1)(G) , may be commenced within ten (10) years after the offense was committed.

(4) A prosecution for failure to notify by a mandated reporter in the first degree, § 12-18-201 , and failure to notify by a mandated reporter in the second degree, § 12-18-202 , if the child victim in question was subject to child maltreatment, may be commenced by the later of the following: (A) Ten (10) years after the child victim reaches eighteen (18) years of age; or (B) The period of limitation for an offense underlying the child maltreatment.

(A) Ten (10) years after the child victim reaches eighteen (18) years of age; or

(B) The period of limitation for an offense underlying the child maltreatment.

(b) Except as otherwise provided in this section, a prosecution for another offense shall be commenced within the following periods of limitation after the offense's commission: (1) (A) Class Y felony or Class A felony, six (6) years. (B) However, for rape, § 5-14-103 , the period of limitation is eliminated if biological evidence of the alleged perpetrator is identified that is capable of producing a deoxyribonucleic acid (DNA) profile; (2) (A) Except as provided in subdivision (b)(2)(B)(i) of this section, Class B felony, Class C felony, Class D felony, or an unclassified felony, three (3) years. (B) (i) A prosecution may be commenced for a violation of § 23-66-502 as follows: (a) Within three (3) years of completion of the last act taken to perpetrate alleged fraud; or (b) Within five (5) years of any alleged violation of § 23-66-502 involving a motor vehicle purposely used to cause a motor vehicle accident for the purpose of filing an insurance claim. (ii) If a prosecution could not be commenced within the time period prescribed by subdivision (b)(2)(B)(i) of this section because it was not reasonably possible to discover the alleged fraud at the time of the violation, the time period prescribed shall be extended for a period of three (3) years. (iii) The period of limitation under this subdivision (b)(2)(B) may not extend more than ten (10) years after the date of the violation of § 23-66-502 ; (3) (A) Misdemeanor or violation, one (1) year. (B) However, for a nine-point or greater violation of an Arkansas State Game and Fish Commission regulation or rule, the period of limitation is three (3) years; and (4) Municipal ordinance violation, one (1) year unless a different period of time not to exceed three (3) years is set by ordinance of the municipal government.

(1) (A) Class Y felony or Class A felony, six (6) years. (B) However, for rape, § 5-14-103 , the period of limitation is eliminated if biological evidence of the alleged perpetrator is identified that is capable of producing a deoxyribonucleic acid (DNA) profile;

(A) Class Y felony or Class A felony, six (6) years.

(B) However, for rape, § 5-14-103 , the period of limitation is eliminated if biological evidence of the alleged perpetrator is identified that is capable of producing a deoxyribonucleic acid (DNA) profile;

(2) (A) Except as provided in subdivision (b)(2)(B)(i) of this section, Class B felony, Class C felony, Class D felony, or an unclassified felony, three (3) years. (B) (i) A prosecution may be commenced for a violation of § 23-66-502 as follows: (a) Within three (3) years of completion of the last act taken to perpetrate alleged fraud; or (b) Within five (5) years of any alleged violation of § 23-66-502 involving a motor vehicle purposely used to cause a motor vehicle accident for the purpose of filing an insurance claim. (ii) If a prosecution could not be commenced within the time period prescribed by subdivision (b)(2)(B)(i) of this section because it was not reasonably possible to discover the alleged fraud at the time of the violation, the time period prescribed shall be extended for a period of three (3) years. (iii) The period of limitation under this subdivision (b)(2)(B) may not extend more than ten (10) years after the date of the violation of § 23-66-502 ;

(A) Except as provided in subdivision (b)(2)(B)(i) of this section, Class B felony, Class C felony, Class D felony, or an unclassified felony, three (3) years.

(B) (i) A prosecution may be commenced for a violation of § 23-66-502 as follows: (a) Within three (3) years of completion of the last act taken to perpetrate alleged fraud; or (b) Within five (5) years of any alleged violation of § 23-66-502 involving a motor vehicle purposely used to cause a motor vehicle accident for the purpose of filing an insurance claim. (ii) If a prosecution could not be commenced within the time period prescribed by subdivision (b)(2)(B)(i) of this section because it was not reasonably possible to discover the alleged fraud at the time of the violation, the time period prescribed shall be extended for a period of three (3) years. (iii) The period of limitation under this subdivision (b)(2)(B) may not extend more than ten (10) years after the date of the violation of § 23-66-502 ;

(i) A prosecution may be commenced for a violation of § 23-66-502 as follows: (a) Within three (3) years of completion of the last act taken to perpetrate alleged fraud; or (b) Within five (5) years of any alleged violation of § 23-66-502 involving a motor vehicle purposely used to cause a motor vehicle accident for the purpose of filing an insurance claim.

(a) Within three (3) years of completion of the last act taken to perpetrate alleged fraud; or

(b) Within five (5) years of any alleged violation of § 23-66-502 involving a motor vehicle purposely used to cause a motor vehicle accident for the purpose of filing an insurance claim.

(ii) If a prosecution could not be commenced within the time period prescribed by subdivision (b)(2)(B)(i) of this section because it was not reasonably possible to discover the alleged fraud at the time of the violation, the time period prescribed shall be extended for a period of three (3) years.

(iii) The period of limitation under this subdivision (b)(2)(B) may not extend more than ten (10) years after the date of the violation of § 23-66-502 ;

(3) (A) Misdemeanor or violation, one (1) year. (B) However, for a nine-point or greater violation of an Arkansas State Game and Fish Commission regulation or rule, the period of limitation is three (3) years; and

(A) Misdemeanor or violation, one (1) year.

(B) However, for a nine-point or greater violation of an Arkansas State Game and Fish Commission regulation or rule, the period of limitation is three (3) years; and

(4) Municipal ordinance violation, one (1) year unless a different period of time not to exceed three (3) years is set by ordinance of the municipal government.

(c) If the period prescribed in subsection (b) of this section has expired, a prosecution may nevertheless be commenced for: (1) Any offense involving either fraud or breach of a fiduciary obligation, within one (1) year after the offense is discovered or should reasonably have been discovered by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense; and (2) (A) Any offense that is concealed involving felonious conduct in office by a public servant at any time within five (5) years after he or she leaves public office or employment or within five (5) years after the offense is discovered or should reasonably have been discovered, whichever is sooner. (B) However, in no event does this subdivision (c)(2) extend the period of limitation by more than ten (10) years after the commission of the offense.

(1) Any offense involving either fraud or breach of a fiduciary obligation, within one (1) year after the offense is discovered or should reasonably have been discovered by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense; and

(2) (A) Any offense that is concealed involving felonious conduct in office by a public servant at any time within five (5) years after he or she leaves public office or employment or within five (5) years after the offense is discovered or should reasonably have been discovered, whichever is sooner. (B) However, in no event does this subdivision (c)(2) extend the period of limitation by more than ten (10) years after the commission of the offense.

(A) Any offense that is concealed involving felonious conduct in office by a public servant at any time within five (5) years after he or she leaves public office or employment or within five (5) years after the offense is discovered or should reasonably have been discovered, whichever is sooner.

(B) However, in no event does this subdivision (c)(2) extend the period of limitation by more than ten (10) years after the commission of the offense.

(d) A defendant may be convicted of any offense included in the offense charged, notwithstanding that the period of limitation has expired for the included offense, if as to the offense charged the period of limitation has not expired or there is no period of limitation, and there is sufficient evidence to sustain a conviction for the offense charged.

(e) (1) For the purposes of this section, an offense is committed either when: (A) Every element occurs; or (B) If a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time the course of conduct or the defendant's complicity in the course of conduct is terminated. (2) Time starts to run on the day after the offense is committed.

(1) For the purposes of this section, an offense is committed either when: (A) Every element occurs; or (B) If a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time the course of conduct or the defendant's complicity in the course of conduct is terminated.

(A) Every element occurs; or

(B) If a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time the course of conduct or the defendant's complicity in the course of conduct is terminated.

(2) Time starts to run on the day after the offense is committed.

(f) A prosecution is commenced: (1) When a person is arrested or issued a citation by a law enforcement officer based upon probable cause; (2) When an arrest warrant is issued by a judge, provided that the arrest warrant is sought to be executed without unreasonable delay; or (3) Upon the filing of an indictment, information, or other charging instrument.

(1) When a person is arrested or issued a citation by a law enforcement officer based upon probable cause;

(2) When an arrest warrant is issued by a judge, provided that the arrest warrant is sought to be executed without unreasonable delay; or

(3) Upon the filing of an indictment, information, or other charging instrument.

(g) The period of limitation does not run: (1) (A) During any time when the accused is continually absent from the state or has no reasonably ascertainable place of abode or work within the state. (B) However, in no event does this subdivision (g)(1) extend the period of limitation otherwise applicable by more than three (3) years; or (2) During any period when a prosecution against the accused for the same conduct is pending in this state.

(1) (A) During any time when the accused is continually absent from the state or has no reasonably ascertainable place of abode or work within the state. (B) However, in no event does this subdivision (g)(1) extend the period of limitation otherwise applicable by more than three (3) years; or

(A) During any time when the accused is continually absent from the state or has no reasonably ascertainable place of abode or work within the state.

(B) However, in no event does this subdivision (g)(1) extend the period of limitation otherwise applicable by more than three (3) years; or

(2) During any period when a prosecution against the accused for the same conduct is pending in this state.

(h) If the period prescribed in subsection (b) of this section has expired, a prosecution may nevertheless be commenced for a violation of the following offenses if, when the alleged violation occurred, the offense was committed against a minor, the violation has not previously been reported to a law enforcement agency or prosecuting attorney, and the period prescribed in subsection (b) of this section has not expired since the victim has reached eighteen (18) years of age: (1) Battery in the first degree, § 5-13-201 ; (2) Battery in the second degree, § 5-13-202 ; (3) Aggravated assault, § 5-13-204 ; (4) Terroristic threatening in the first degree, § 5-13-301 ; (5) Kidnapping, § 5-11-102 ; (6) False imprisonment in the first degree, § 5-11-103 ; (7) Permanent detention or restraint, § 5-11-106 ; and (8) Criminal attempt, criminal solicitation, or criminal conspiracy to commit any offense listed in this subsection, §§ 5-3-201 , 5-3-202 , 5-3-301 , and 5-3-401 .

(1) Battery in the first degree, § 5-13-201 ;

(2) Battery in the second degree, § 5-13-202 ;

(3) Aggravated assault, § 5-13-204 ;

(4) Terroristic threatening in the first degree, § 5-13-301 ;

(5) Kidnapping, § 5-11-102 ;

(6) False imprisonment in the first degree, § 5-11-103 ;

(7) Permanent detention or restraint, § 5-11-106 ; and

(8) Criminal attempt, criminal solicitation, or criminal conspiracy to commit any offense listed in this subsection, §§ 5-3-201 , 5-3-202 , 5-3-301 , and 5-3-401 .

(i) When deoxyribonucleic acid (DNA) testing implicates a person identified through a search of the State DNA Data Base or National DNA Index System, a statute of limitation shall not preclude prosecution of the offense.

(j) (1) For an offense occurring after July 28, 2021, if the period prescribed in subsection (b) of this section has expired, a prosecution may nevertheless be commenced for an offense listed under subdivision (j)(2) of this section within five (5) years of the expiration of the limitations otherwise provided for under this section or for an offense listed under subdivision (j)(3) of this section within three (3) years of the expiration of the limitations otherwise provided for under this section, if the offense has not previously been reported to a law enforcement agency or prosecuting attorney and: (A) The state discovers deoxyribonucleic acid (DNA) evidence sufficient to charge the defendant after the period prescribed in subsection (b) of this section has expired; (B) The state becomes aware of the existence of an audio or video recording, a photograph, or a written or electronic communication that provides evidence sufficient to charge the defendant after the period prescribed in subsection (b) of this section has expired; (C) The defendant confesses to the offense and all other elements of the offense are present; or (D) Three (3) or more persons also victimized by the defendant present other evidence of the commission of an offense listed under subdivision (j)(2) of this section, as well as the commission of domestic battering in the third degree, § 5-26-305 , or first degree assault on a family or household member, § 5-26-307 , to a law enforcement agency or prosecuting attorney against the same defendant. (2) The applicable offenses under this subdivision (j)(2) are: (A) Domestic battering in the first degree, § 5-26-303 ; (B) Domestic battering in the second degree, § 5-26-304 ; and (C) Aggravated assault on a family or household member, § 5-26-306 . (3) The applicable offenses under this subdivision (j)(3) are: (A) Domestic battering in the third degree, § 5-26-305 ; and (B) First degree assault on a family or household member, § 5-26-307 . (4) As used in this subsection, "state" means a local law enforcement agency, prosecuting attorney's office, or other law enforcement agency with jurisdiction over the alleged offense.

(1) For an offense occurring after July 28, 2021, if the period prescribed in subsection (b) of this section has expired, a prosecution may nevertheless be commenced for an offense listed under subdivision (j)(2) of this section within five (5) years of the expiration of the limitations otherwise provided for under this section or for an offense listed under subdivision (j)(3) of this section within three (3) years of the expiration of the limitations otherwise provided for under this section, if the offense has not previously been reported to a law enforcement agency or prosecuting attorney and: (A) The state discovers deoxyribonucleic acid (DNA) evidence sufficient to charge the defendant after the period prescribed in subsection (b) of this section has expired; (B) The state becomes aware of the existence of an audio or video recording, a photograph, or a written or electronic communication that provides evidence sufficient to charge the defendant after the period prescribed in subsection (b) of this section has expired; (C) The defendant confesses to the offense and all other elements of the offense are present; or (D) Three (3) or more persons also victimized by the defendant present other evidence of the commission of an offense listed under subdivision (j)(2) of this section, as well as the commission of domestic battering in the third degree, § 5-26-305 , or first degree assault on a family or household member, § 5-26-307 , to a law enforcement agency or prosecuting attorney against the same defendant.

(A) The state discovers deoxyribonucleic acid (DNA) evidence sufficient to charge the defendant after the period prescribed in subsection (b) of this section has expired;

(B) The state becomes aware of the existence of an audio or video recording, a photograph, or a written or electronic communication that provides evidence sufficient to charge the defendant after the period prescribed in subsection (b) of this section has expired;

(C) The defendant confesses to the offense and all other elements of the offense are present; or

(D) Three (3) or more persons also victimized by the defendant present other evidence of the commission of an offense listed under subdivision (j)(2) of this section, as well as the commission of domestic battering in the third degree, § 5-26-305 , or first degree assault on a family or household member, § 5-26-307 , to a law enforcement agency or prosecuting attorney against the same defendant.

(2) The applicable offenses under this subdivision (j)(2) are: (A) Domestic battering in the first degree, § 5-26-303 ; (B) Domestic battering in the second degree, § 5-26-304 ; and (C) Aggravated assault on a family or household member, § 5-26-306 .

(A) Domestic battering in the first degree, § 5-26-303 ;

(B) Domestic battering in the second degree, § 5-26-304 ; and

(C) Aggravated assault on a family or household member, § 5-26-306 .

(3) The applicable offenses under this subdivision (j)(3) are: (A) Domestic battering in the third degree, § 5-26-305 ; and (B) First degree assault on a family or household member, § 5-26-307 .

(A) Domestic battering in the third degree, § 5-26-305 ; and

(B) First degree assault on a family or household member, § 5-26-307 .

(4) As used in this subsection, "state" means a local law enforcement agency, prosecuting attorney's office, or other law enforcement agency with jurisdiction over the alleged offense.

Amended by Act 2023, No. 727,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 727,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 619,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 507,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 174,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 21,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 1087,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 1087,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 800,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 609,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 148, eff. 7/24/2019.

Amended by Act 2017, No. 695,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 630,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1009,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1086,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 144,§ 1, eff. 8/16/2013.

Acts 1975, No. 280, § 104; 1981, No. 620, § 1; A.S.A. 1947, § 41-104; Acts 1987, No. 484, § 1; 1987, No. 586, § 1; 2001, No. 920, § 1; 2001, No. 1780, § 2; 2003, No. 1087, § 8; 2003, No. 1390, § 1; 2005, No. 2250, § 1; 2009, No. 1444, § 1; 2011, No. 698, § 1; 2011, No. 1127, §§ 1, 2.
Ark. Code Ann. § 5-65-110 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-110
Record of violations and court actions - Abstract
Status: in_force

(a) A court shall: (1) Keep or cause to be kept a record of any violation of this chapter presented to that court; and (2) Keep a record of any official action by that court in reference to the violation including without limitation: (A) A record of every finding of guilt; (B) A record of every plea of guilty or nolo contendere; (C) A judgment of acquittal; and (D) The amount of fine and jail sentence. (b) (1) The court or clerk of the court shall prepare and immediately forward to the Office of Driver Services an abstract of the court record pertaining to the case in which the person was found guilty or pleaded guilty or nolo contendere. (2) The abstract shall be: (A) Prepared within five (5) business days after the defendant was found guilty or pleaded guilty or nolo contendere and then sentenced; (B) Certified by the person required to prepare it to be true and correct; and (C) Made upon a form furnished by the office and shall include: (i) The name and address of the person charged; (ii) The number, if any, of the operator's or chauffeur's license of the person charged; (iii) The registration number of the vehicle or motorboat involved; (iv) The date of the hearing; (v) The defendant's plea; (vi) The judgment; and (vii) The amount of the fine and jail sentence. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Acts 1983, No. 549, § 10; A.S.A. 1947, § 75-2510.

(a) A court shall: (1) Keep or cause to be kept a record of any violation of this chapter presented to that court; and (2) Keep a record of any official action by that court in reference to the violation including without limitation: (A) A record of every finding of guilt; (B) A record of every plea of guilty or nolo contendere; (C) A judgment of acquittal; and (D) The amount of fine and jail sentence.

(1) Keep or cause to be kept a record of any violation of this chapter presented to that court; and

(2) Keep a record of any official action by that court in reference to the violation including without limitation: (A) A record of every finding of guilt; (B) A record of every plea of guilty or nolo contendere; (C) A judgment of acquittal; and (D) The amount of fine and jail sentence.

(A) A record of every finding of guilt;

(B) A record of every plea of guilty or nolo contendere;

(C) A judgment of acquittal; and

(D) The amount of fine and jail sentence.

(b) (1) The court or clerk of the court shall prepare and immediately forward to the Office of Driver Services an abstract of the court record pertaining to the case in which the person was found guilty or pleaded guilty or nolo contendere. (2) The abstract shall be: (A) Prepared within five (5) business days after the defendant was found guilty or pleaded guilty or nolo contendere and then sentenced; (B) Certified by the person required to prepare it to be true and correct; and (C) Made upon a form furnished by the office and shall include: (i) The name and address of the person charged; (ii) The number, if any, of the operator's or chauffeur's license of the person charged; (iii) The registration number of the vehicle or motorboat involved; (iv) The date of the hearing; (v) The defendant's plea; (vi) The judgment; and (vii) The amount of the fine and jail sentence.

(1) The court or clerk of the court shall prepare and immediately forward to the Office of Driver Services an abstract of the court record pertaining to the case in which the person was found guilty or pleaded guilty or nolo contendere.

(2) The abstract shall be: (A) Prepared within five (5) business days after the defendant was found guilty or pleaded guilty or nolo contendere and then sentenced; (B) Certified by the person required to prepare it to be true and correct; and (C) Made upon a form furnished by the office and shall include: (i) The name and address of the person charged; (ii) The number, if any, of the operator's or chauffeur's license of the person charged; (iii) The registration number of the vehicle or motorboat involved; (iv) The date of the hearing; (v) The defendant's plea; (vi) The judgment; and (vii) The amount of the fine and jail sentence.

(A) Prepared within five (5) business days after the defendant was found guilty or pleaded guilty or nolo contendere and then sentenced;

(B) Certified by the person required to prepare it to be true and correct; and

(C) Made upon a form furnished by the office and shall include: (i) The name and address of the person charged; (ii) The number, if any, of the operator's or chauffeur's license of the person charged; (iii) The registration number of the vehicle or motorboat involved; (iv) The date of the hearing; (v) The defendant's plea; (vi) The judgment; and (vii) The amount of the fine and jail sentence.

(i) The name and address of the person charged;

(ii) The number, if any, of the operator's or chauffeur's license of the person charged;

(iii) The registration number of the vehicle or motorboat involved;

(iv) The date of the hearing;

(v) The defendant's plea;

(vi) The judgment; and

(vii) The amount of the fine and jail sentence.

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

Acts 1983, No. 549, § 10; A.S.A. 1947, § 75-2510.
Ark. Code Ann. § 5-62-102 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-102
Definitions
Status: in_force

As used in this subchapter: (1) "Abandon" means to desert, surrender, forsake, or to give up absolutely; (2) "Animal" means any living vertebrate creature, except human beings and fish; (3) "Animal control officer" means an officer employed by or under contract with an agency of the state, county, municipality, or other governmental or political subdivision of the state that is responsible for animal control operations in its jurisdiction; (4) (A) "Animal husbandry practices" means the breeding, raising, production, and management of animals. (B) "Animal husbandry practices" includes without limitation dehorning, docking, and castration; (5) "Animal identification" means the use of a microchip, tattoo, an ear tag, an ear notch, branding, or any similar technology to identify the owner of an animal and that is generally accepted for the breed, species, and type of animal being identified; (6) "Appropriate place of custody" means any of the following within this state and, if practicable, within twenty (20) miles of the residence of the owner or other place owned by the owner: (A) A nonprofit animal shelter; (B) An animal pound; (C) A location owned or managed by a society incorporated for the prevention of cruelty to animals; (D) A location owned or managed by an agency of the state, county, municipality, or other governmental or political subdivision of the state that is responsible for animal control operations in its jurisdiction; (E) A location owned or managed by a public or private custodian that provides shelter, care, and necessary medical treatment to an animal; or (F) The residence or other place owned by the owner of the animal, if approved by written order of a court of competent jurisdiction; (7) "Competitive activity" means a lawful activity that is generally recognized as having an established schedule of events involving competition of animals or exhibitions of animals; (8) "Cruel mistreatment" means any act that causes or permits the continuation of unjustifiable pain or suffering; (9) "Equine" means a horse, pony, mule, donkey, or hinny; (10) "Equine activity" means: (A) Equine participation in equine shows, fairs, competitions, performances, or parades that involve any breed of equine and any of the equine disciplines, including without limitation dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting; (B) Teaching and training activities of an equine show or rodeo; (C) Boarding an equine; (D) Riding, inspecting, or evaluating an equine owned by another person, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; or (E) Any activity that involves riding or hunting; (11) "Euthanizing" means humanely killing an animal accomplished by a method that utilizes anesthesia produced by an agent that causes painless loss of consciousness and subsequent death, and administered by a licensed veterinarian or a euthanasia technician licensed by the federal Drug Enforcement Administration and certified by the Department of Health; (12) "Humanely killing" means causing the death of an animal in a manner intended to limit the pain or suffering of the animal as much as reasonably possible under the circumstances; (13) "Law enforcement officer" means any public servant vested by law with a duty to maintain public order or to make an arrest for an offense; (14) "Licensed veterinarian" means a veterinarian licensed to engage in the practice of veterinary medicine in Arkansas in accordance with applicable Arkansas laws; (15) "Livestock" means a horse, mule, bovine animal, goat, sheep, swine, chicken, duck, or similar animal or fowl commonly raised or used for farm purposes; (16) "Local law enforcement agency" means the police force of a municipality or the office of the county sheriff; (17) "Owner" means a person that: (A) Has a right of property or title in an animal; (B) Keeps or harbors an animal; (C) Has an animal in his, her, or its care; (D) Acts as an animal's custodian; or (E) Knowingly permits an animal to remain on or about any premises occupied by him or her or it; (18) "Person" means an individual, company, partnership, limited liability company, joint venture, joint agreement, mutual association or other, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other private entity; (19) "Professional pest control activities" means those activities governed by the Arkansas Pesticide Control Act, § 2-16-401 et seq., and the Arkansas Pest Control Law, § 17-37-101 et seq.; (20) "Rodeo" means an event involving a practice accepted by the Professional Rodeo Cowboys Association on January 1, 2009; and (21) "Torture" means: (A) The knowing commission of physical injury to a dog, cat, or horse by the infliction of inhumane treatment or gross physical abuse, causing the dog, cat, or horse intensive or prolonged pain, serious physical injury, or thereby causing death; and (B) Mutilating, maiming, burning, poisoning, drowning, or starving a dog, cat, or horse. Amended by Act 2013, No. 1175,§ 1, eff. 8/16/2013. Acts 2009, No. 33, § 3.

As used in this subchapter:

(1) "Abandon" means to desert, surrender, forsake, or to give up absolutely;

(2) "Animal" means any living vertebrate creature, except human beings and fish;

(3) "Animal control officer" means an officer employed by or under contract with an agency of the state, county, municipality, or other governmental or political subdivision of the state that is responsible for animal control operations in its jurisdiction;

(4) (A) "Animal husbandry practices" means the breeding, raising, production, and management of animals. (B) "Animal husbandry practices" includes without limitation dehorning, docking, and castration;

(A) "Animal husbandry practices" means the breeding, raising, production, and management of animals.

(B) "Animal husbandry practices" includes without limitation dehorning, docking, and castration;

(5) "Animal identification" means the use of a microchip, tattoo, an ear tag, an ear notch, branding, or any similar technology to identify the owner of an animal and that is generally accepted for the breed, species, and type of animal being identified;

(6) "Appropriate place of custody" means any of the following within this state and, if practicable, within twenty (20) miles of the residence of the owner or other place owned by the owner: (A) A nonprofit animal shelter; (B) An animal pound; (C) A location owned or managed by a society incorporated for the prevention of cruelty to animals; (D) A location owned or managed by an agency of the state, county, municipality, or other governmental or political subdivision of the state that is responsible for animal control operations in its jurisdiction; (E) A location owned or managed by a public or private custodian that provides shelter, care, and necessary medical treatment to an animal; or (F) The residence or other place owned by the owner of the animal, if approved by written order of a court of competent jurisdiction;

(A) A nonprofit animal shelter;

(B) An animal pound;

(C) A location owned or managed by a society incorporated for the prevention of cruelty to animals;

(D) A location owned or managed by an agency of the state, county, municipality, or other governmental or political subdivision of the state that is responsible for animal control operations in its jurisdiction;

(E) A location owned or managed by a public or private custodian that provides shelter, care, and necessary medical treatment to an animal; or

(F) The residence or other place owned by the owner of the animal, if approved by written order of a court of competent jurisdiction;

(7) "Competitive activity" means a lawful activity that is generally recognized as having an established schedule of events involving competition of animals or exhibitions of animals;

(8) "Cruel mistreatment" means any act that causes or permits the continuation of unjustifiable pain or suffering;

(9) "Equine" means a horse, pony, mule, donkey, or hinny;

(10) "Equine activity" means: (A) Equine participation in equine shows, fairs, competitions, performances, or parades that involve any breed of equine and any of the equine disciplines, including without limitation dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting; (B) Teaching and training activities of an equine show or rodeo; (C) Boarding an equine; (D) Riding, inspecting, or evaluating an equine owned by another person, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; or (E) Any activity that involves riding or hunting;

(A) Equine participation in equine shows, fairs, competitions, performances, or parades that involve any breed of equine and any of the equine disciplines, including without limitation dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting;

(B) Teaching and training activities of an equine show or rodeo;

(C) Boarding an equine;

(D) Riding, inspecting, or evaluating an equine owned by another person, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; or

(E) Any activity that involves riding or hunting;

(11) "Euthanizing" means humanely killing an animal accomplished by a method that utilizes anesthesia produced by an agent that causes painless loss of consciousness and subsequent death, and administered by a licensed veterinarian or a euthanasia technician licensed by the federal Drug Enforcement Administration and certified by the Department of Health;

(12) "Humanely killing" means causing the death of an animal in a manner intended to limit the pain or suffering of the animal as much as reasonably possible under the circumstances;

(13) "Law enforcement officer" means any public servant vested by law with a duty to maintain public order or to make an arrest for an offense;

(14) "Licensed veterinarian" means a veterinarian licensed to engage in the practice of veterinary medicine in Arkansas in accordance with applicable Arkansas laws;

(15) "Livestock" means a horse, mule, bovine animal, goat, sheep, swine, chicken, duck, or similar animal or fowl commonly raised or used for farm purposes;

(16) "Local law enforcement agency" means the police force of a municipality or the office of the county sheriff;

(17) "Owner" means a person that: (A) Has a right of property or title in an animal; (B) Keeps or harbors an animal; (C) Has an animal in his, her, or its care; (D) Acts as an animal's custodian; or (E) Knowingly permits an animal to remain on or about any premises occupied by him or her or it;

(A) Has a right of property or title in an animal;

(B) Keeps or harbors an animal;

(C) Has an animal in his, her, or its care;

(D) Acts as an animal's custodian; or

(E) Knowingly permits an animal to remain on or about any premises occupied by him or her or it;

(18) "Person" means an individual, company, partnership, limited liability company, joint venture, joint agreement, mutual association or other, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other private entity;

(19) "Professional pest control activities" means those activities governed by the Arkansas Pesticide Control Act, § 2-16-401 et seq., and the Arkansas Pest Control Law, § 17-37-101 et seq.;

(20) "Rodeo" means an event involving a practice accepted by the Professional Rodeo Cowboys Association on January 1, 2009; and

(21) "Torture" means: (A) The knowing commission of physical injury to a dog, cat, or horse by the infliction of inhumane treatment or gross physical abuse, causing the dog, cat, or horse intensive or prolonged pain, serious physical injury, or thereby causing death; and (B) Mutilating, maiming, burning, poisoning, drowning, or starving a dog, cat, or horse.

(A) The knowing commission of physical injury to a dog, cat, or horse by the infliction of inhumane treatment or gross physical abuse, causing the dog, cat, or horse intensive or prolonged pain, serious physical injury, or thereby causing death; and

(B) Mutilating, maiming, burning, poisoning, drowning, or starving a dog, cat, or horse.

Amended by Act 2013, No. 1175,§ 1, eff. 8/16/2013.

Acts 2009, No. 33, § 3.
Ark. Code Ann. § 5-68-305 — AR Code / Title 5 / Chapter 68 / Subchapter 3 / Section 5-68-305
Obscene performance at a live public show
Status: in_force

(a) A person commits an obscene performance at a live public show if he or she knowingly: (1) Engages in an obscene performance of sadomasochistic abuse, hard-core sexual conduct, or sexual conduct in a live public show; or (2) Directs, manages, finances, or presents an obscene performance at a live public show in which a participant engages in sadomasochistic abuse, hard-core sexual conduct, or sexual conduct. (b) Committing an obscene performance at a live public show is a Class C felony. Acts 1981 (Ex. Sess.), No. 28, § 5; A.S.A. 1947, § 41-3585.4.

(a) A person commits an obscene performance at a live public show if he or she knowingly: (1) Engages in an obscene performance of sadomasochistic abuse, hard-core sexual conduct, or sexual conduct in a live public show; or (2) Directs, manages, finances, or presents an obscene performance at a live public show in which a participant engages in sadomasochistic abuse, hard-core sexual conduct, or sexual conduct.

(1) Engages in an obscene performance of sadomasochistic abuse, hard-core sexual conduct, or sexual conduct in a live public show; or

(2) Directs, manages, finances, or presents an obscene performance at a live public show in which a participant engages in sadomasochistic abuse, hard-core sexual conduct, or sexual conduct.

(b) Committing an obscene performance at a live public show is a Class C felony.

Acts 1981 (Ex. Sess.), No. 28, § 5; A.S.A. 1947, § 41-3585.4.
Ark. Code Ann. § 5-4-615 — AR Code / Title 5 / Chapter 4 / Subchapter 6 / Section 5-4-615
Conviction - Punishments
Status: in_force

A person convicted of a capital offense shall be punished by death by lethal injection or by life imprisonment without parole pursuant to this subchapter. Acts 1973, No. 438, § 6; 1975, No. 928, § 17; A.S.A. 1947, § 41-1351.

A person convicted of a capital offense shall be punished by death by lethal injection or by life imprisonment without parole pursuant to this subchapter.

Acts 1973, No. 438, § 6; 1975, No. 928, § 17; A.S.A. 1947, § 41-1351.
Ark. Code Ann. § 5-41-102 — AR Code / Title 5 / Chapter 41 / Subchapter 1 / Section 5-41-102
Definitions
Status: in_force

As used in subchapter: (1) "Access" means to instruct, communicate with, store data in, or retrieve data from a computer, computer system, or computer network; (2) "Computer" means an electronic device that performs a logical, arithmetic, or memory function by manipulating an electronic or magnetic impulse and includes any input, output, processing, storage, computer software, or communication facility that is connected or related to that device in a system or a network; (3) "Computer network" means the interconnection of communications lines with a computer through a remote terminal or a complex consisting of two (2) or more interconnected computers; (4) "Computer program" means a set of instructions, statements, or related data that, in actual or modified form, is capable of causing a computer or a computer system to perform a specified function; (5) "Computer software" means one (1) or more computer programs, existing in any form, or any associated operational procedure, manual, or other documentation; (6) "Computer system" means a set of related, connected, or unconnected computers, other devices, and software; (7) "Data" means any representation of information, knowledge, a fact, concept, or an instruction that is being prepared or has been prepared and is intended to be processed or stored, is being processed or stored, or has been processed or stored in a computer, computer network, or computer system; (8) "Financial instrument" includes, but is not limited to, any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit card, debit card, transaction authorization mechanism, marketable security, or any computer system representation thereof; (9) "Message" means any transfer of a sign, signal, writing, image, sound, data, or intelligence of any nature, or any transfer of a computer program; (10) "Property" includes, but is not limited to, a financial instrument, data, computer program, document associated with a computer or computer program, or a copy of a financial instrument, data, computer program, or document associated with a computer or computer program, whether tangible or intangible, including both human and computer readable data, and data while in transit; and (11) "Service" includes, but is not limited to, the use of a computer, a computer system, a computer network, computer software, a computer program, or data. Acts 1987, No. 908, § 2; 1997, No. 1153, § 1.

As used in subchapter:

(1) "Access" means to instruct, communicate with, store data in, or retrieve data from a computer, computer system, or computer network;

(2) "Computer" means an electronic device that performs a logical, arithmetic, or memory function by manipulating an electronic or magnetic impulse and includes any input, output, processing, storage, computer software, or communication facility that is connected or related to that device in a system or a network;

(3) "Computer network" means the interconnection of communications lines with a computer through a remote terminal or a complex consisting of two (2) or more interconnected computers;

(4) "Computer program" means a set of instructions, statements, or related data that, in actual or modified form, is capable of causing a computer or a computer system to perform a specified function;

(5) "Computer software" means one (1) or more computer programs, existing in any form, or any associated operational procedure, manual, or other documentation;

(6) "Computer system" means a set of related, connected, or unconnected computers, other devices, and software;

(7) "Data" means any representation of information, knowledge, a fact, concept, or an instruction that is being prepared or has been prepared and is intended to be processed or stored, is being processed or stored, or has been processed or stored in a computer, computer network, or computer system;

(8) "Financial instrument" includes, but is not limited to, any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit card, debit card, transaction authorization mechanism, marketable security, or any computer system representation thereof;

(9) "Message" means any transfer of a sign, signal, writing, image, sound, data, or intelligence of any nature, or any transfer of a computer program;

(10) "Property" includes, but is not limited to, a financial instrument, data, computer program, document associated with a computer or computer program, or a copy of a financial instrument, data, computer program, or document associated with a computer or computer program, whether tangible or intangible, including both human and computer readable data, and data while in transit; and

(11) "Service" includes, but is not limited to, the use of a computer, a computer system, a computer network, computer software, a computer program, or data.

Acts 1987, No. 908, § 2; 1997, No. 1153, § 1.
Ark. Code Ann. § 5-64-417 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-417
Penalties under other laws
Status: in_force

Any penalty imposed for a violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. Acts 1991, No. 1145, §§ 1, 2; 2005, No. 1994, § 307.

Any penalty imposed for a violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.

Acts 1991, No. 1145, §§ 1, 2; 2005, No. 1994, § 307.
Ark. Code Ann. § 5-4-704 — AR Code / Title 5 / Chapter 4 / Subchapter 7 / Section 5-4-704
Sentence enhancement for offense targeting current or former law enforcement officer, first responder, or family member of current or former law enforcement officer or first responder
Status: in_force

(a) A person is subject to an enhanced sentence under this section if the person purposely selected the victim of an offense committed by the person because the victim is: (1) Currently employed or was formerly employed as a law enforcement officer or first responder; or (2) A family member of a current or former law enforcement officer or first responder. (b) If a sentence enhancement is sought under this section, the information or indictment shall include: (1) That the sentence enhancement under this section is being sought; and (2) The allegations supporting the imposition of the enhanced sentence under this section. (c) The sentence enhancement under this section is as follows: (1) If the person is convicted of a Class A misdemeanor or an unclassified misdemeanor with a possible sentence greater than ninety (90) days' imprisonment, an additional period of imprisonment of not more than one (1) year; (2) If the person is convicted of a Class C felony, Class D felony, or an unclassified felony, an additional period of imprisonment of at least six (6) months but no more than two (2) years; and (3) If the person is convicted of a Class Y felony, Class A felony, or Class B felony, an additional period of imprisonment of at least two (2) years but no more than ten (10) years. (d) The sentence enhancement under this section is not applicable if: (1) The victim of the offense is a law enforcement officer or first responder; and (2) An element of the underlying offense is that the victim is a law enforcement officer or first responder. Added by Act 2017, No. 332,§ 3, eff. 3/3/2017.

(a) A person is subject to an enhanced sentence under this section if the person purposely selected the victim of an offense committed by the person because the victim is: (1) Currently employed or was formerly employed as a law enforcement officer or first responder; or (2) A family member of a current or former law enforcement officer or first responder.

(1) Currently employed or was formerly employed as a law enforcement officer or first responder; or

(2) A family member of a current or former law enforcement officer or first responder.

(b) If a sentence enhancement is sought under this section, the information or indictment shall include: (1) That the sentence enhancement under this section is being sought; and (2) The allegations supporting the imposition of the enhanced sentence under this section.

(1) That the sentence enhancement under this section is being sought; and

(2) The allegations supporting the imposition of the enhanced sentence under this section.

(c) The sentence enhancement under this section is as follows: (1) If the person is convicted of a Class A misdemeanor or an unclassified misdemeanor with a possible sentence greater than ninety (90) days' imprisonment, an additional period of imprisonment of not more than one (1) year; (2) If the person is convicted of a Class C felony, Class D felony, or an unclassified felony, an additional period of imprisonment of at least six (6) months but no more than two (2) years; and (3) If the person is convicted of a Class Y felony, Class A felony, or Class B felony, an additional period of imprisonment of at least two (2) years but no more than ten (10) years.

(1) If the person is convicted of a Class A misdemeanor or an unclassified misdemeanor with a possible sentence greater than ninety (90) days' imprisonment, an additional period of imprisonment of not more than one (1) year;

(2) If the person is convicted of a Class C felony, Class D felony, or an unclassified felony, an additional period of imprisonment of at least six (6) months but no more than two (2) years; and

(3) If the person is convicted of a Class Y felony, Class A felony, or Class B felony, an additional period of imprisonment of at least two (2) years but no more than ten (10) years.

(d) The sentence enhancement under this section is not applicable if: (1) The victim of the offense is a law enforcement officer or first responder; and (2) An element of the underlying offense is that the victim is a law enforcement officer or first responder.

(1) The victim of the offense is a law enforcement officer or first responder; and

(2) An element of the underlying offense is that the victim is a law enforcement officer or first responder.

Added by Act 2017, No. 332,§ 3, eff. 3/3/2017.
Ark. Code Ann. § 5-4-303 — AR Code / Title 5 / Chapter 4 / Subchapter 3 / Section 5-4-303
Conditions of suspension or probation
Status: in_force

(a) If a court suspends imposition of sentence on a defendant or places him or her on probation, the court shall attach such conditions as are reasonably necessary to assist the defendant in leading a law-abiding life. (b) The court shall provide as an express condition of every suspension or probation that the defendant not commit an offense punishable by imprisonment during the period of suspension or probation. (c) If the court suspends imposition of sentence on a defendant or places him or her on probation, as a condition of its order the court may require that the defendant: (1) Support his or her dependents and meet his or her family responsibilities; (2) Undergo available medical or psychiatric treatment and enter and remain in a specified institution when required for medical or psychiatric treatment; (3) Participate in a community-based rehabilitative program or work-release program that uses practices proven to reduce recidivism and for which the court may impose a reasonable fee or assessment on the defendant to be used in support of the community-based rehabilitative program or work-release program; (4) Refrain from frequenting an unlawful or designated place or consorting with a designated person; (5) Have no firearm in his or her possession; (6) Make restitution to an aggrieved party in an amount the defendant can afford to pay for the actual loss or damage caused by his or her offense; (7) Post a bond, with or without surety, conditioned on the performance of a prescribed condition; and (8) Satisfy any other condition reasonably related to the rehabilitation of the defendant and not unduly restrictive of his or her liberty or incompatible with his or her freedom of conscience. (d) If the court places a defendant on probation, as a condition of its order the court may require that the defendant: (1) Report as directed to the court or the probation officer and permit the probation officer to visit the defendant at the defendant's place of employment or elsewhere; (2) Remain within the jurisdiction of the court unless granted permission to leave in a written statement by the court or the probation officer; and (3) Answer any reasonable inquiry by the court or the probation officer and promptly notify the court or probation officer of any change in address or employment. (e) If the court suspends imposition of sentence on a defendant or places him or her on probation, the court shall: (1) Require that the defendant either: (A) Work consistently in suitable employment for the entire duration of his or her suspended sentence or probation or for three (3) years, whichever occurs earlier; or (B) (i) If the defendant is unemployed, pursue a prescribed secular course of study and show continuous progress in improving academic skills and education by increasing his or her reading, math, and communication skills to at least the ninth grade level regardless of a prior high school or other educational credentials. (ii) Under subdivision (e)(1)(B)(i) of this section, a defendant shall also meet at least one (1) of the following benchmarks: (a) Earn a Career Readiness Certificate; (b) Earn a Workforce Alliance for Growth in the Economy certificate; (c) Earn a high school diploma by passing the Adult Education Section-approved assessment; or (d) Enroll in vocational training designed to equip him or her for suitable employment. (iii) If the defendant is serving a suspended sentence or is on probation at the end of the study or training required by subdivision (e)(1)(B)(i) of this section, he or she shall work in suitable employment for the remainder of his or her suspended sentence or probation or for three (3) years, whichever occurs earlier; and (2) Give the defendant a written statement explicitly setting forth the conditions under which he or she is being released. (f) (1) If the court suspends imposition of sentence on a defendant or places him or her on probation conditioned upon his or her making restitution under subdivision (c)(6) of this section, the court, by concurrence of the victim, defendant, and the prosecuting authority, shall determine the amount to be paid as restitution. (2) After considering the assets, financial condition, and occupation of the defendant, the court shall further determine: (A) Whether restitution shall be total or partial; (B) The amounts to be paid if by periodic payments; and (C) If a personal service is contemplated, the reasonable value and rate of compensation for the personal service rendered to the victim. (g) (1) In a case in which counsel has been appointed to represent a defendant due to the defendant's indigency and the court suspends imposition of sentence or places a defendant on probation at the time of disposition, the court shall revisit the issue of the defendant's indigency. (2) (A) When appropriate and when the defendant is financially able to do so, the court may assess an attorney's fee to be paid by the defendant as part of his or her suspension or probation. (B) The amount of the assessed attorney's fee shall be commensurate with the defendant's ability to pay. (C) The assessed attorney's fee shall be paid to the state as a means of partial reimbursement for providing appointed counsel. (3) In no event is failure to pay an assessed attorney's fee, standing alone, a ground for the revocation of a suspension or probation. (4) (A) The assessed attorney's fee under subdivision (g)(2) of this section shall be collected by the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in a circuit court or district court of this state. (B) On or before the tenth day of each month, the county or city official, agency, or department described in subdivision (g)(4)(A) of this section shall remit any assessed attorney's fee collected to the Arkansas Public Defender Commission on a form provided by the commission. (C) The commission shall deposit the money collected into a separate account within the State Central Services Fund to be known as "Public Defender Attorney Fees" to be used solely to defray costs for the commission. (h) In addition to other available sanctions, a person sentenced prior to August 1, 2017, who is on probation under this section has the option to be sanctioned administratively under § 16-93-306(d) as it existed at the time of his or her sentence or as § 16-93-306 exists as of August 1, 2017. (i) (1) Unless specified otherwise in subsection (g) of this section and § 16-87-213 , the moneys collected by the courts under subsection (g) of this section and § 16-87-213 shall be deposited into the State Treasury to the credit of the State Central Services Fund. (2) If Arkansas law requires that the fees levied under subsection (g) of this section be deposited into the State Administration of Justice Fund, the Treasurer of State shall transfer the amount of the fees collected each month under subsection (g) of this section from the State Administration of Justice Fund to the State Central Services Fund. Amended by Act 2019, No. 871,§ 17, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 131, eff. 7/1/2019. Amended by Act 2017, No. 423,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1198,§ 1, eff. 7/22/2015. Acts 1975, No. 280, § 1203; 1977, No. 474, §§ 3, 9; 1977, No. 482, § 3; 1985, No. 315, § 1; A.S.A. 1947, § 41-1203; Acts 1989, No. 305, § 1; 1993, No. 119, § 1; 1997, No. 281, § 1; 1999, No. 231, § 1; 1999, No. 1564, § 6; 1999, No. 1569, § 2; 2003, No. 1765, § 1; 2011, No. 570, § 7.

(a) If a court suspends imposition of sentence on a defendant or places him or her on probation, the court shall attach such conditions as are reasonably necessary to assist the defendant in leading a law-abiding life.

(b) The court shall provide as an express condition of every suspension or probation that the defendant not commit an offense punishable by imprisonment during the period of suspension or probation.

(c) If the court suspends imposition of sentence on a defendant or places him or her on probation, as a condition of its order the court may require that the defendant: (1) Support his or her dependents and meet his or her family responsibilities; (2) Undergo available medical or psychiatric treatment and enter and remain in a specified institution when required for medical or psychiatric treatment; (3) Participate in a community-based rehabilitative program or work-release program that uses practices proven to reduce recidivism and for which the court may impose a reasonable fee or assessment on the defendant to be used in support of the community-based rehabilitative program or work-release program; (4) Refrain from frequenting an unlawful or designated place or consorting with a designated person; (5) Have no firearm in his or her possession; (6) Make restitution to an aggrieved party in an amount the defendant can afford to pay for the actual loss or damage caused by his or her offense; (7) Post a bond, with or without surety, conditioned on the performance of a prescribed condition; and (8) Satisfy any other condition reasonably related to the rehabilitation of the defendant and not unduly restrictive of his or her liberty or incompatible with his or her freedom of conscience.

(1) Support his or her dependents and meet his or her family responsibilities;

(2) Undergo available medical or psychiatric treatment and enter and remain in a specified institution when required for medical or psychiatric treatment;

(3) Participate in a community-based rehabilitative program or work-release program that uses practices proven to reduce recidivism and for which the court may impose a reasonable fee or assessment on the defendant to be used in support of the community-based rehabilitative program or work-release program;

(4) Refrain from frequenting an unlawful or designated place or consorting with a designated person;

(5) Have no firearm in his or her possession;

(6) Make restitution to an aggrieved party in an amount the defendant can afford to pay for the actual loss or damage caused by his or her offense;

(7) Post a bond, with or without surety, conditioned on the performance of a prescribed condition; and

(8) Satisfy any other condition reasonably related to the rehabilitation of the defendant and not unduly restrictive of his or her liberty or incompatible with his or her freedom of conscience.

(d) If the court places a defendant on probation, as a condition of its order the court may require that the defendant: (1) Report as directed to the court or the probation officer and permit the probation officer to visit the defendant at the defendant's place of employment or elsewhere; (2) Remain within the jurisdiction of the court unless granted permission to leave in a written statement by the court or the probation officer; and (3) Answer any reasonable inquiry by the court or the probation officer and promptly notify the court or probation officer of any change in address or employment.

(1) Report as directed to the court or the probation officer and permit the probation officer to visit the defendant at the defendant's place of employment or elsewhere;

(2) Remain within the jurisdiction of the court unless granted permission to leave in a written statement by the court or the probation officer; and

(3) Answer any reasonable inquiry by the court or the probation officer and promptly notify the court or probation officer of any change in address or employment.

(e) If the court suspends imposition of sentence on a defendant or places him or her on probation, the court shall: (1) Require that the defendant either: (A) Work consistently in suitable employment for the entire duration of his or her suspended sentence or probation or for three (3) years, whichever occurs earlier; or (B) (i) If the defendant is unemployed, pursue a prescribed secular course of study and show continuous progress in improving academic skills and education by increasing his or her reading, math, and communication skills to at least the ninth grade level regardless of a prior high school or other educational credentials. (ii) Under subdivision (e)(1)(B)(i) of this section, a defendant shall also meet at least one (1) of the following benchmarks: (a) Earn a Career Readiness Certificate; (b) Earn a Workforce Alliance for Growth in the Economy certificate; (c) Earn a high school diploma by passing the Adult Education Section-approved assessment; or (d) Enroll in vocational training designed to equip him or her for suitable employment. (iii) If the defendant is serving a suspended sentence or is on probation at the end of the study or training required by subdivision (e)(1)(B)(i) of this section, he or she shall work in suitable employment for the remainder of his or her suspended sentence or probation or for three (3) years, whichever occurs earlier; and (2) Give the defendant a written statement explicitly setting forth the conditions under which he or she is being released.

(1) Require that the defendant either: (A) Work consistently in suitable employment for the entire duration of his or her suspended sentence or probation or for three (3) years, whichever occurs earlier; or (B) (i) If the defendant is unemployed, pursue a prescribed secular course of study and show continuous progress in improving academic skills and education by increasing his or her reading, math, and communication skills to at least the ninth grade level regardless of a prior high school or other educational credentials. (ii) Under subdivision (e)(1)(B)(i) of this section, a defendant shall also meet at least one (1) of the following benchmarks: (a) Earn a Career Readiness Certificate; (b) Earn a Workforce Alliance for Growth in the Economy certificate; (c) Earn a high school diploma by passing the Adult Education Section-approved assessment; or (d) Enroll in vocational training designed to equip him or her for suitable employment. (iii) If the defendant is serving a suspended sentence or is on probation at the end of the study or training required by subdivision (e)(1)(B)(i) of this section, he or she shall work in suitable employment for the remainder of his or her suspended sentence or probation or for three (3) years, whichever occurs earlier; and

(A) Work consistently in suitable employment for the entire duration of his or her suspended sentence or probation or for three (3) years, whichever occurs earlier; or

(B) (i) If the defendant is unemployed, pursue a prescribed secular course of study and show continuous progress in improving academic skills and education by increasing his or her reading, math, and communication skills to at least the ninth grade level regardless of a prior high school or other educational credentials. (ii) Under subdivision (e)(1)(B)(i) of this section, a defendant shall also meet at least one (1) of the following benchmarks: (a) Earn a Career Readiness Certificate; (b) Earn a Workforce Alliance for Growth in the Economy certificate; (c) Earn a high school diploma by passing the Adult Education Section-approved assessment; or (d) Enroll in vocational training designed to equip him or her for suitable employment. (iii) If the defendant is serving a suspended sentence or is on probation at the end of the study or training required by subdivision (e)(1)(B)(i) of this section, he or she shall work in suitable employment for the remainder of his or her suspended sentence or probation or for three (3) years, whichever occurs earlier; and

(i) If the defendant is unemployed, pursue a prescribed secular course of study and show continuous progress in improving academic skills and education by increasing his or her reading, math, and communication skills to at least the ninth grade level regardless of a prior high school or other educational credentials.

(ii) Under subdivision (e)(1)(B)(i) of this section, a defendant shall also meet at least one (1) of the following benchmarks: (a) Earn a Career Readiness Certificate; (b) Earn a Workforce Alliance for Growth in the Economy certificate; (c) Earn a high school diploma by passing the Adult Education Section-approved assessment; or (d) Enroll in vocational training designed to equip him or her for suitable employment.

(a) Earn a Career Readiness Certificate;

(b) Earn a Workforce Alliance for Growth in the Economy certificate;

(c) Earn a high school diploma by passing the Adult Education Section-approved assessment; or

(d) Enroll in vocational training designed to equip him or her for suitable employment.

(iii) If the defendant is serving a suspended sentence or is on probation at the end of the study or training required by subdivision (e)(1)(B)(i) of this section, he or she shall work in suitable employment for the remainder of his or her suspended sentence or probation or for three (3) years, whichever occurs earlier; and

(2) Give the defendant a written statement explicitly setting forth the conditions under which he or she is being released.

(f) (1) If the court suspends imposition of sentence on a defendant or places him or her on probation conditioned upon his or her making restitution under subdivision (c)(6) of this section, the court, by concurrence of the victim, defendant, and the prosecuting authority, shall determine the amount to be paid as restitution. (2) After considering the assets, financial condition, and occupation of the defendant, the court shall further determine: (A) Whether restitution shall be total or partial; (B) The amounts to be paid if by periodic payments; and (C) If a personal service is contemplated, the reasonable value and rate of compensation for the personal service rendered to the victim.

(1) If the court suspends imposition of sentence on a defendant or places him or her on probation conditioned upon his or her making restitution under subdivision (c)(6) of this section, the court, by concurrence of the victim, defendant, and the prosecuting authority, shall determine the amount to be paid as restitution.

(2) After considering the assets, financial condition, and occupation of the defendant, the court shall further determine: (A) Whether restitution shall be total or partial; (B) The amounts to be paid if by periodic payments; and (C) If a personal service is contemplated, the reasonable value and rate of compensation for the personal service rendered to the victim.

(A) Whether restitution shall be total or partial;

(B) The amounts to be paid if by periodic payments; and

(C) If a personal service is contemplated, the reasonable value and rate of compensation for the personal service rendered to the victim.

(g) (1) In a case in which counsel has been appointed to represent a defendant due to the defendant's indigency and the court suspends imposition of sentence or places a defendant on probation at the time of disposition, the court shall revisit the issue of the defendant's indigency. (2) (A) When appropriate and when the defendant is financially able to do so, the court may assess an attorney's fee to be paid by the defendant as part of his or her suspension or probation. (B) The amount of the assessed attorney's fee shall be commensurate with the defendant's ability to pay. (C) The assessed attorney's fee shall be paid to the state as a means of partial reimbursement for providing appointed counsel. (3) In no event is failure to pay an assessed attorney's fee, standing alone, a ground for the revocation of a suspension or probation. (4) (A) The assessed attorney's fee under subdivision (g)(2) of this section shall be collected by the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in a circuit court or district court of this state. (B) On or before the tenth day of each month, the county or city official, agency, or department described in subdivision (g)(4)(A) of this section shall remit any assessed attorney's fee collected to the Arkansas Public Defender Commission on a form provided by the commission. (C) The commission shall deposit the money collected into a separate account within the State Central Services Fund to be known as "Public Defender Attorney Fees" to be used solely to defray costs for the commission.

(1) In a case in which counsel has been appointed to represent a defendant due to the defendant's indigency and the court suspends imposition of sentence or places a defendant on probation at the time of disposition, the court shall revisit the issue of the defendant's indigency.

(2) (A) When appropriate and when the defendant is financially able to do so, the court may assess an attorney's fee to be paid by the defendant as part of his or her suspension or probation. (B) The amount of the assessed attorney's fee shall be commensurate with the defendant's ability to pay. (C) The assessed attorney's fee shall be paid to the state as a means of partial reimbursement for providing appointed counsel.

(A) When appropriate and when the defendant is financially able to do so, the court may assess an attorney's fee to be paid by the defendant as part of his or her suspension or probation.

(B) The amount of the assessed attorney's fee shall be commensurate with the defendant's ability to pay.

(C) The assessed attorney's fee shall be paid to the state as a means of partial reimbursement for providing appointed counsel.

(3) In no event is failure to pay an assessed attorney's fee, standing alone, a ground for the revocation of a suspension or probation.

(4) (A) The assessed attorney's fee under subdivision (g)(2) of this section shall be collected by the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in a circuit court or district court of this state. (B) On or before the tenth day of each month, the county or city official, agency, or department described in subdivision (g)(4)(A) of this section shall remit any assessed attorney's fee collected to the Arkansas Public Defender Commission on a form provided by the commission. (C) The commission shall deposit the money collected into a separate account within the State Central Services Fund to be known as "Public Defender Attorney Fees" to be used solely to defray costs for the commission.

(A) The assessed attorney's fee under subdivision (g)(2) of this section shall be collected by the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in a circuit court or district court of this state.

(B) On or before the tenth day of each month, the county or city official, agency, or department described in subdivision (g)(4)(A) of this section shall remit any assessed attorney's fee collected to the Arkansas Public Defender Commission on a form provided by the commission.

(C) The commission shall deposit the money collected into a separate account within the State Central Services Fund to be known as "Public Defender Attorney Fees" to be used solely to defray costs for the commission.

(h) In addition to other available sanctions, a person sentenced prior to August 1, 2017, who is on probation under this section has the option to be sanctioned administratively under § 16-93-306(d) as it existed at the time of his or her sentence or as § 16-93-306 exists as of August 1, 2017.

(i) (1) Unless specified otherwise in subsection (g) of this section and § 16-87-213 , the moneys collected by the courts under subsection (g) of this section and § 16-87-213 shall be deposited into the State Treasury to the credit of the State Central Services Fund. (2) If Arkansas law requires that the fees levied under subsection (g) of this section be deposited into the State Administration of Justice Fund, the Treasurer of State shall transfer the amount of the fees collected each month under subsection (g) of this section from the State Administration of Justice Fund to the State Central Services Fund.

(1) Unless specified otherwise in subsection (g) of this section and § 16-87-213 , the moneys collected by the courts under subsection (g) of this section and § 16-87-213 shall be deposited into the State Treasury to the credit of the State Central Services Fund.

(2) If Arkansas law requires that the fees levied under subsection (g) of this section be deposited into the State Administration of Justice Fund, the Treasurer of State shall transfer the amount of the fees collected each month under subsection (g) of this section from the State Administration of Justice Fund to the State Central Services Fund.

Amended by Act 2019, No. 871,§ 17, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 131, eff. 7/1/2019.

Amended by Act 2017, No. 423,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1198,§ 1, eff. 7/22/2015.

Acts 1975, No. 280, § 1203; 1977, No. 474, §§ 3, 9; 1977, No. 482, § 3; 1985, No. 315, § 1; A.S.A. 1947, § 41-1203; Acts 1989, No. 305, § 1; 1993, No. 119, § 1; 1997, No. 281, § 1; 1999, No. 231, § 1; 1999, No. 1564, § 6; 1999, No. 1569, § 2; 2003, No. 1765, § 1; 2011, No. 570, § 7.
Ark. Code Ann. § 5-64-1201 — AR Code / Title 5 / Chapter 64 / Subchapter 12 / Section 5-64-1201
Possession
Status: in_force

(a) It is unlawful for any person to possess a substance listed in subsection (b) of this section: (1) With the intent to breathe, inhale, ingest, or use the substance for the purpose of: (A) Causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses; or (B) In any manner changing, distorting, or disturbing his or her audio, visual, or mental processes; or (2) Who purposely is under the influence of the substance. (b) This subchapter applies to the following substances: (1) Nitrous oxide, commonly known as "laughing gas"; (2) Any compound, liquid, or chemical that contains nitrous oxide; or (3) Any amyl nitrite, commonly known as "poppers" or "snappers". (c) Upon conviction, a person who violates this section is guilty of a Class A misdemeanor. Acts 1997, No. 355, § 1; 2001, No. 1553, § 13; 2007, No. 827, § 72.

(a) It is unlawful for any person to possess a substance listed in subsection (b) of this section: (1) With the intent to breathe, inhale, ingest, or use the substance for the purpose of: (A) Causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses; or (B) In any manner changing, distorting, or disturbing his or her audio, visual, or mental processes; or (2) Who purposely is under the influence of the substance.

(1) With the intent to breathe, inhale, ingest, or use the substance for the purpose of: (A) Causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses; or (B) In any manner changing, distorting, or disturbing his or her audio, visual, or mental processes; or

(A) Causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses; or

(B) In any manner changing, distorting, or disturbing his or her audio, visual, or mental processes; or

(2) Who purposely is under the influence of the substance.

(b) This subchapter applies to the following substances: (1) Nitrous oxide, commonly known as "laughing gas"; (2) Any compound, liquid, or chemical that contains nitrous oxide; or (3) Any amyl nitrite, commonly known as "poppers" or "snappers".

(1) Nitrous oxide, commonly known as "laughing gas";

(2) Any compound, liquid, or chemical that contains nitrous oxide; or

(3) Any amyl nitrite, commonly known as "poppers" or "snappers".

(c) Upon conviction, a person who violates this section is guilty of a Class A misdemeanor.

Acts 1997, No. 355, § 1; 2001, No. 1553, § 13; 2007, No. 827, § 72.