Ark. Code Ann. § 5-60-103 — AR Code / Title 5 / Chapter 60 / Subchapter 1 / Section 5-60-103
Unlawful use of an unmanned aircraft system
Status: in_force

(a) As used in this section: (1) "Critical infrastructure" means: (A) An electrical power generation or delivery system; (B) A petroleum refinery; (C) A chemical or rubber manufacturing facility; (D) A petroleum or chemical storage facility; (E) A railroad operating facility; (F) A communication tower or facility; (G) A food processing or manufacturing facility; or (H) A correctional or detention facility; and (2) (A) "Unmanned aircraft system" means an unmanned, powered aircraft that: (i) Does not carry a human operator; (ii) Can be autonomous or remotely piloted or operated; and (iii) Can be expendable or recoverable. (B) "Unmanned aircraft system" does not include: (i) A satellite orbiting the earth; (ii) An unmanned aircraft system used by the United States Government or a person who is acting pursuant to contract with the United States Government to conduct surveillance of specific critical infrastructure; (iii) An unmanned aircraft system used by the state after consultation with the Governor or a person who is acting under contract with the state to conduct surveillance of specific critical infrastructure; (iv) An unmanned aircraft system used under a certificate of authorization issued by the Federal Aviation Administration; or (v) An unmanned aircraft used by a law enforcement agency, emergency medical service agency, hazardous materials response team, disaster management agency, or other emergency management agency for the purpose of incident command, area reconnaissance, personnel and equipment deployment monitoring, training, or a related purpose. (b) A person commits the offense of unlawful use of an unmanned aircraft system if he or she knowingly uses an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record critical infrastructure without the prior written consent of the owner of the critical infrastructure. (c) This section does not prohibit: (1) (A) A person from using an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record his or her own property that is: (i) Located on his or her own immovable property; or (ii) Located on immovable property owned by another person under a valid lease, servitude, right-of-way, right of use, permit, license, or other right. (B) A third person retained by the owner of the property described in subdivision (c)(1)(A) of this section to conduct activities described in subdivision (c)(1)(A) of this section is not prohibited under this section from using an unmanned aircraft system to conduct the activities described in this subdivision (c)(1); or (2) An insurance company or a person acting on behalf of an insurance company from using an unmanned aircraft system for purposes of underwriting an insurance risk or investigating damage to insured property. (d) Unlawful use of an unmanned aircraft system is: (1) A Class B misdemeanor; or (2) A Class A misdemeanor for a second or subsequent offense. Amended by Act 2021, No. 140,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 1000,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 508,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 320,§ 1, eff. 7/24/2019. Added by Act 2015, No. 1019,§ 1, eff. 7/22/2015.

(a) As used in this section: (1) "Critical infrastructure" means: (A) An electrical power generation or delivery system; (B) A petroleum refinery; (C) A chemical or rubber manufacturing facility; (D) A petroleum or chemical storage facility; (E) A railroad operating facility; (F) A communication tower or facility; (G) A food processing or manufacturing facility; or (H) A correctional or detention facility; and (2) (A) "Unmanned aircraft system" means an unmanned, powered aircraft that: (i) Does not carry a human operator; (ii) Can be autonomous or remotely piloted or operated; and (iii) Can be expendable or recoverable. (B) "Unmanned aircraft system" does not include: (i) A satellite orbiting the earth; (ii) An unmanned aircraft system used by the United States Government or a person who is acting pursuant to contract with the United States Government to conduct surveillance of specific critical infrastructure; (iii) An unmanned aircraft system used by the state after consultation with the Governor or a person who is acting under contract with the state to conduct surveillance of specific critical infrastructure; (iv) An unmanned aircraft system used under a certificate of authorization issued by the Federal Aviation Administration; or (v) An unmanned aircraft used by a law enforcement agency, emergency medical service agency, hazardous materials response team, disaster management agency, or other emergency management agency for the purpose of incident command, area reconnaissance, personnel and equipment deployment monitoring, training, or a related purpose.

(1) "Critical infrastructure" means: (A) An electrical power generation or delivery system; (B) A petroleum refinery; (C) A chemical or rubber manufacturing facility; (D) A petroleum or chemical storage facility; (E) A railroad operating facility; (F) A communication tower or facility; (G) A food processing or manufacturing facility; or (H) A correctional or detention facility; and

(A) An electrical power generation or delivery system;

(B) A petroleum refinery;

(C) A chemical or rubber manufacturing facility;

(D) A petroleum or chemical storage facility;

(E) A railroad operating facility;

(F) A communication tower or facility;

(G) A food processing or manufacturing facility; or

(H) A correctional or detention facility; and

(2) (A) "Unmanned aircraft system" means an unmanned, powered aircraft that: (i) Does not carry a human operator; (ii) Can be autonomous or remotely piloted or operated; and (iii) Can be expendable or recoverable. (B) "Unmanned aircraft system" does not include: (i) A satellite orbiting the earth; (ii) An unmanned aircraft system used by the United States Government or a person who is acting pursuant to contract with the United States Government to conduct surveillance of specific critical infrastructure; (iii) An unmanned aircraft system used by the state after consultation with the Governor or a person who is acting under contract with the state to conduct surveillance of specific critical infrastructure; (iv) An unmanned aircraft system used under a certificate of authorization issued by the Federal Aviation Administration; or (v) An unmanned aircraft used by a law enforcement agency, emergency medical service agency, hazardous materials response team, disaster management agency, or other emergency management agency for the purpose of incident command, area reconnaissance, personnel and equipment deployment monitoring, training, or a related purpose.

(A) "Unmanned aircraft system" means an unmanned, powered aircraft that: (i) Does not carry a human operator; (ii) Can be autonomous or remotely piloted or operated; and (iii) Can be expendable or recoverable.

(i) Does not carry a human operator;

(ii) Can be autonomous or remotely piloted or operated; and

(iii) Can be expendable or recoverable.

(B) "Unmanned aircraft system" does not include: (i) A satellite orbiting the earth; (ii) An unmanned aircraft system used by the United States Government or a person who is acting pursuant to contract with the United States Government to conduct surveillance of specific critical infrastructure; (iii) An unmanned aircraft system used by the state after consultation with the Governor or a person who is acting under contract with the state to conduct surveillance of specific critical infrastructure; (iv) An unmanned aircraft system used under a certificate of authorization issued by the Federal Aviation Administration; or (v) An unmanned aircraft used by a law enforcement agency, emergency medical service agency, hazardous materials response team, disaster management agency, or other emergency management agency for the purpose of incident command, area reconnaissance, personnel and equipment deployment monitoring, training, or a related purpose.

(i) A satellite orbiting the earth;

(ii) An unmanned aircraft system used by the United States Government or a person who is acting pursuant to contract with the United States Government to conduct surveillance of specific critical infrastructure;

(iii) An unmanned aircraft system used by the state after consultation with the Governor or a person who is acting under contract with the state to conduct surveillance of specific critical infrastructure;

(iv) An unmanned aircraft system used under a certificate of authorization issued by the Federal Aviation Administration; or

(v) An unmanned aircraft used by a law enforcement agency, emergency medical service agency, hazardous materials response team, disaster management agency, or other emergency management agency for the purpose of incident command, area reconnaissance, personnel and equipment deployment monitoring, training, or a related purpose.

(b) A person commits the offense of unlawful use of an unmanned aircraft system if he or she knowingly uses an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record critical infrastructure without the prior written consent of the owner of the critical infrastructure.

(c) This section does not prohibit: (1) (A) A person from using an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record his or her own property that is: (i) Located on his or her own immovable property; or (ii) Located on immovable property owned by another person under a valid lease, servitude, right-of-way, right of use, permit, license, or other right. (B) A third person retained by the owner of the property described in subdivision (c)(1)(A) of this section to conduct activities described in subdivision (c)(1)(A) of this section is not prohibited under this section from using an unmanned aircraft system to conduct the activities described in this subdivision (c)(1); or (2) An insurance company or a person acting on behalf of an insurance company from using an unmanned aircraft system for purposes of underwriting an insurance risk or investigating damage to insured property.

(1) (A) A person from using an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record his or her own property that is: (i) Located on his or her own immovable property; or (ii) Located on immovable property owned by another person under a valid lease, servitude, right-of-way, right of use, permit, license, or other right. (B) A third person retained by the owner of the property described in subdivision (c)(1)(A) of this section to conduct activities described in subdivision (c)(1)(A) of this section is not prohibited under this section from using an unmanned aircraft system to conduct the activities described in this subdivision (c)(1); or

(A) A person from using an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record his or her own property that is: (i) Located on his or her own immovable property; or (ii) Located on immovable property owned by another person under a valid lease, servitude, right-of-way, right of use, permit, license, or other right.

(i) Located on his or her own immovable property; or

(ii) Located on immovable property owned by another person under a valid lease, servitude, right-of-way, right of use, permit, license, or other right.

(B) A third person retained by the owner of the property described in subdivision (c)(1)(A) of this section to conduct activities described in subdivision (c)(1)(A) of this section is not prohibited under this section from using an unmanned aircraft system to conduct the activities described in this subdivision (c)(1); or

(2) An insurance company or a person acting on behalf of an insurance company from using an unmanned aircraft system for purposes of underwriting an insurance risk or investigating damage to insured property.

(d) Unlawful use of an unmanned aircraft system is: (1) A Class B misdemeanor; or (2) A Class A misdemeanor for a second or subsequent offense.

(1) A Class B misdemeanor; or

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

Amended by Act 2021, No. 140,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 1000,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 508,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 320,§ 1, eff. 7/24/2019.

Added by Act 2015, No. 1019,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 5-18-102 — AR Code / Title 5 / Chapter 18 / Section 5-18-102
Definitions
Status: in_force

As used in this chapter: (1) "Abuse or threatened abuse of law or legal process" means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action; (2) "Commercial sexual activity" means a sexual act or sexually explicit performance for which anything of value is given, promised, or received, directly or indirectly, by a person; (3) "Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of the personal services of a person under his or her control as a security for debt, if: (A) The value of the debtor's personal services or of the personal services of a person under his or her control as reasonably assessed is not applied toward the liquidation of the debt; (B) The length and nature of the debtor's personal services or of the personal services of a person under his or her control are not respectively limited and defined; or (C) The principal amount of the debt does not reasonably reflect the value of the items or services for which the debt was incurred; (4) "Extortion" means the obtaining of property, labor, a service, credit, a commercial sexual activity, or a sexually explicit performance from another person or of an official act of a public officer through a wrongful use of force or fear or under color of official right; (5) "Financial harm" means extortion of credit, criminal violation of the usury laws, or employment contracts that violate the statutes of frauds, § 4-59-101 ; (6) "Grooms" means to expose a minor to sexually explicit language or to a visual or print medium depicting sexually explicit conduct with the purpose to gain the trust of the minor; (7) "Involuntary servitude" means the inducement or compulsion of a person to engage in labor, services, or commercial sexual activity by means of: (A) A scheme, plan, or pattern of behavior with a purpose to cause a person to believe that if he or she does not engage in labor, services, or commercial sexual activity, he or she or another person will suffer serious physical injury or physical restraint; (B) Abuse or threatened abuse of law or legal process; (C) The causing of or the threat to cause serious harm to a person; (D) Physically restraining or threatening to physically restrain another person; (E) The kidnapping of or threat to kidnap a person; (F) The taking of another person's personal property or real property; (G) The knowing destruction, concealment, removal, confiscation, or possession of an actual or purported passport, other immigration document, or other actual or purported government identification document of another person; (H) Extortion or blackmail; (I) Deception or fraud; (J) Coercion, duress, or menace; (K) Debt bondage; (L) Peonage; or (M) The facilitation or control of a victim's access to an addictive controlled substance; (8) "Labor" means work of economic or financial value; (9) "Menace" means a possible danger or threat; (10) "Minor" means a person less than eighteen (18) years of age; (11) "Organization" means the same as defined in § 5-2-501 ; (12) "Peonage" means holding a person against his or her will to pay off a debt; (13) "Serious harm" means any harm, whether physical or nonphysical, including without limitation psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances as the victim to perform or to continue performing labor or service, commercial sexual activity, or a sexually explicit performance in order to avoid incurring that harm; (14) "Service" means an act committed at the behest of, under the supervision of, or for the benefit of another person; (15) (A) "Sex act" means any touching of the sexual or other intimate parts of another person for the purpose of gratifying the sexual desire of a person. (B) "Sex act" includes without limitation the touching of the person as well as touching by the person, whether directly or through clothing; (16) (A) "Sexually explicit" means a depiction or description of a sex act that: (i) Either: (a) Appeals to the prurient interest; or (b) Depicts or describes, in a patently offensive way, the sex act; and (ii) Depicts or describes the sex act in a way that lacks literary, artistic, political, or scientific value. (B) "Sexually explicit" includes without limitation a depiction or description of a sex act by a minor or that would create criminal liability under § 5-27-303 or § 5-27-304 ; (17) (A) "Sexually explicit performance" means an act or show, whether public or private, live, photographed, recorded, or videotaped with a purpose to: (i) Either: (a) Appeal to the prurient interest; or (b) Depict, in a patently offensive way, a sex act; and (ii) Do so in a way that lacks literary, artistic, political, or scientific value. (B) "Sexually explicit performance" includes without limitation any performance that depicts a sex act by a minor or that would create criminal liability under § 5-27-303 or § 5-27-304 ; and (18) "Victim of human trafficking" means a person who has been subjected to trafficking of persons, § 5-18-103 . Amended by Act 2023, No. 772,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 1106,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 1106,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 1098,§ 2, eff. 7/28/2021. Added by Act 2013, No. 133,§ 3, eff. 8/16/2013. Added by Act 2013, No. 132,§ 3, eff. 8/16/2013.

As used in this chapter:

(1) "Abuse or threatened abuse of law or legal process" means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action;

(2) "Commercial sexual activity" means a sexual act or sexually explicit performance for which anything of value is given, promised, or received, directly or indirectly, by a person;

(3) "Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of the personal services of a person under his or her control as a security for debt, if: (A) The value of the debtor's personal services or of the personal services of a person under his or her control as reasonably assessed is not applied toward the liquidation of the debt; (B) The length and nature of the debtor's personal services or of the personal services of a person under his or her control are not respectively limited and defined; or (C) The principal amount of the debt does not reasonably reflect the value of the items or services for which the debt was incurred;

(A) The value of the debtor's personal services or of the personal services of a person under his or her control as reasonably assessed is not applied toward the liquidation of the debt;

(B) The length and nature of the debtor's personal services or of the personal services of a person under his or her control are not respectively limited and defined; or

(C) The principal amount of the debt does not reasonably reflect the value of the items or services for which the debt was incurred;

(4) "Extortion" means the obtaining of property, labor, a service, credit, a commercial sexual activity, or a sexually explicit performance from another person or of an official act of a public officer through a wrongful use of force or fear or under color of official right;

(5) "Financial harm" means extortion of credit, criminal violation of the usury laws, or employment contracts that violate the statutes of frauds, § 4-59-101 ;

(6) "Grooms" means to expose a minor to sexually explicit language or to a visual or print medium depicting sexually explicit conduct with the purpose to gain the trust of the minor;

(7) "Involuntary servitude" means the inducement or compulsion of a person to engage in labor, services, or commercial sexual activity by means of: (A) A scheme, plan, or pattern of behavior with a purpose to cause a person to believe that if he or she does not engage in labor, services, or commercial sexual activity, he or she or another person will suffer serious physical injury or physical restraint; (B) Abuse or threatened abuse of law or legal process; (C) The causing of or the threat to cause serious harm to a person; (D) Physically restraining or threatening to physically restrain another person; (E) The kidnapping of or threat to kidnap a person; (F) The taking of another person's personal property or real property; (G) The knowing destruction, concealment, removal, confiscation, or possession of an actual or purported passport, other immigration document, or other actual or purported government identification document of another person; (H) Extortion or blackmail; (I) Deception or fraud; (J) Coercion, duress, or menace; (K) Debt bondage; (L) Peonage; or (M) The facilitation or control of a victim's access to an addictive controlled substance;

(A) A scheme, plan, or pattern of behavior with a purpose to cause a person to believe that if he or she does not engage in labor, services, or commercial sexual activity, he or she or another person will suffer serious physical injury or physical restraint;

(B) Abuse or threatened abuse of law or legal process;

(C) The causing of or the threat to cause serious harm to a person;

(D) Physically restraining or threatening to physically restrain another person;

(E) The kidnapping of or threat to kidnap a person;

(F) The taking of another person's personal property or real property;

(G) The knowing destruction, concealment, removal, confiscation, or possession of an actual or purported passport, other immigration document, or other actual or purported government identification document of another person;

(H) Extortion or blackmail;

(I) Deception or fraud;

(J) Coercion, duress, or menace;

(K) Debt bondage;

(L) Peonage; or

(M) The facilitation or control of a victim's access to an addictive controlled substance;

(8) "Labor" means work of economic or financial value;

(9) "Menace" means a possible danger or threat;

(10) "Minor" means a person less than eighteen (18) years of age;

(11) "Organization" means the same as defined in § 5-2-501 ;

(12) "Peonage" means holding a person against his or her will to pay off a debt;

(13) "Serious harm" means any harm, whether physical or nonphysical, including without limitation psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances as the victim to perform or to continue performing labor or service, commercial sexual activity, or a sexually explicit performance in order to avoid incurring that harm;

(14) "Service" means an act committed at the behest of, under the supervision of, or for the benefit of another person;

(15) (A) "Sex act" means any touching of the sexual or other intimate parts of another person for the purpose of gratifying the sexual desire of a person. (B) "Sex act" includes without limitation the touching of the person as well as touching by the person, whether directly or through clothing;

(A) "Sex act" means any touching of the sexual or other intimate parts of another person for the purpose of gratifying the sexual desire of a person.

(B) "Sex act" includes without limitation the touching of the person as well as touching by the person, whether directly or through clothing;

(16) (A) "Sexually explicit" means a depiction or description of a sex act that: (i) Either: (a) Appeals to the prurient interest; or (b) Depicts or describes, in a patently offensive way, the sex act; and (ii) Depicts or describes the sex act in a way that lacks literary, artistic, political, or scientific value. (B) "Sexually explicit" includes without limitation a depiction or description of a sex act by a minor or that would create criminal liability under § 5-27-303 or § 5-27-304 ;

(A) "Sexually explicit" means a depiction or description of a sex act that: (i) Either: (a) Appeals to the prurient interest; or (b) Depicts or describes, in a patently offensive way, the sex act; and (ii) Depicts or describes the sex act in a way that lacks literary, artistic, political, or scientific value.

(i) Either: (a) Appeals to the prurient interest; or (b) Depicts or describes, in a patently offensive way, the sex act; and

(a) Appeals to the prurient interest; or

(b) Depicts or describes, in a patently offensive way, the sex act; and

(ii) Depicts or describes the sex act in a way that lacks literary, artistic, political, or scientific value.

(B) "Sexually explicit" includes without limitation a depiction or description of a sex act by a minor or that would create criminal liability under § 5-27-303 or § 5-27-304 ;

(17) (A) "Sexually explicit performance" means an act or show, whether public or private, live, photographed, recorded, or videotaped with a purpose to: (i) Either: (a) Appeal to the prurient interest; or (b) Depict, in a patently offensive way, a sex act; and (ii) Do so in a way that lacks literary, artistic, political, or scientific value. (B) "Sexually explicit performance" includes without limitation any performance that depicts a sex act by a minor or that would create criminal liability under § 5-27-303 or § 5-27-304 ; and

(A) "Sexually explicit performance" means an act or show, whether public or private, live, photographed, recorded, or videotaped with a purpose to: (i) Either: (a) Appeal to the prurient interest; or (b) Depict, in a patently offensive way, a sex act; and (ii) Do so in a way that lacks literary, artistic, political, or scientific value.

(i) Either: (a) Appeal to the prurient interest; or (b) Depict, in a patently offensive way, a sex act; and

(a) Appeal to the prurient interest; or

(b) Depict, in a patently offensive way, a sex act; and

(ii) Do so in a way that lacks literary, artistic, political, or scientific value.

(B) "Sexually explicit performance" includes without limitation any performance that depicts a sex act by a minor or that would create criminal liability under § 5-27-303 or § 5-27-304 ; and

(18) "Victim of human trafficking" means a person who has been subjected to trafficking of persons, § 5-18-103 .

Amended by Act 2023, No. 772,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 1106,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 1106,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 1098,§ 2, eff. 7/28/2021.

Added by Act 2013, No. 133,§ 3, eff. 8/16/2013.

Added by Act 2013, No. 132,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 5-71-207 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-207
Disorderly conduct
Status: in_force

(a) A person commits the offense of disorderly conduct if, with the purpose to cause public inconvenience, annoyance, or alarm or recklessly creating a risk of public inconvenience, annoyance, or alarm, he or she: (1) Engages in fighting or in violent, threatening, or tumultuous behavior; (2) Makes unreasonable or excessive noise; (3) In a public place, uses abusive or obscene language, or makes an obscene gesture, in a manner likely to provoke a violent or disorderly response; (4) Disrupts or disturbs any lawful assembly or meeting of persons; (5) Obstructs vehicular or pedestrian traffic; (6) Congregates with two (2) or more other persons in a public place and refuses to comply with a lawful order to disperse of a law enforcement officer or other person engaged in enforcing or executing the law; (7) Creates a hazardous or physically offensive condition; (8) In a public place, mars, defiles, desecrates, or otherwise damages a patriotic or religious symbol that is an object of respect by the public or a substantial segment of the public; or (9) In a public place, exposes his or her private parts. (b) Disorderly conduct is a Class C misdemeanor. Acts 1975, No. 280, § 2908; A.S.A. 1947, § 41-2908; Acts 2007, No. 827, § 93.

(a) A person commits the offense of disorderly conduct if, with the purpose to cause public inconvenience, annoyance, or alarm or recklessly creating a risk of public inconvenience, annoyance, or alarm, he or she: (1) Engages in fighting or in violent, threatening, or tumultuous behavior; (2) Makes unreasonable or excessive noise; (3) In a public place, uses abusive or obscene language, or makes an obscene gesture, in a manner likely to provoke a violent or disorderly response; (4) Disrupts or disturbs any lawful assembly or meeting of persons; (5) Obstructs vehicular or pedestrian traffic; (6) Congregates with two (2) or more other persons in a public place and refuses to comply with a lawful order to disperse of a law enforcement officer or other person engaged in enforcing or executing the law; (7) Creates a hazardous or physically offensive condition; (8) In a public place, mars, defiles, desecrates, or otherwise damages a patriotic or religious symbol that is an object of respect by the public or a substantial segment of the public; or (9) In a public place, exposes his or her private parts.

(1) Engages in fighting or in violent, threatening, or tumultuous behavior;

(2) Makes unreasonable or excessive noise;

(3) In a public place, uses abusive or obscene language, or makes an obscene gesture, in a manner likely to provoke a violent or disorderly response;

(4) Disrupts or disturbs any lawful assembly or meeting of persons;

(5) Obstructs vehicular or pedestrian traffic;

(6) Congregates with two (2) or more other persons in a public place and refuses to comply with a lawful order to disperse of a law enforcement officer or other person engaged in enforcing or executing the law;

(7) Creates a hazardous or physically offensive condition;

(8) In a public place, mars, defiles, desecrates, or otherwise damages a patriotic or religious symbol that is an object of respect by the public or a substantial segment of the public; or

(9) In a public place, exposes his or her private parts.

(b) Disorderly conduct is a Class C misdemeanor.

Acts 1975, No. 280, § 2908; A.S.A. 1947, § 41-2908; Acts 2007, No. 827, § 93.
Ark. Code Ann. § 5-39-211 — AR Code / Title 5 / Chapter 39 / Subchapter 2 / Section 5-39-211
Cemeteries - Mining and other unlawful entries
Status: in_force

(a) It is unlawful for any corporation, company, or individual to: (1) Mine, extract, or remove coal from under, beneath, or within the buffer zone for a cemetery, graveyard, or burying place in this state as specified in rules promulgated by the Arkansas Pollution Control and Ecology Commission under the Arkansas Surface Coal Mining and Reclamation Act of 1979, § 15-58-101 et seq.; (2) (A) Mine, extract, or remove any other mineral substance from under, beneath, or within twenty-five feet (25') of the boundary of any cemetery, graveyard, or burying place in this state. (B) This subdivision (a)(2) does not apply to oil, gas, or any other hydrocarbon produced in a liquid or gaseous form; or (3) Make, place, or drive any slope, pit, or entry of any kind into, under, through, or across any cemetery, graveyard, or other burying place in this state. (b) Any corporation, company, or individual violating a provision of this section is guilty of a Class D felony. Acts 1907, No. 58, §§ 1-3, p. 138; C. & M. Dig., §§ 2728, 2729; Pope's Dig., §§ 3414, 3415; A.S.A. 1947, §§ 41-1981 -- 41-1983; Acts 2005, No. 1994, § 422; 2005, No. 2232, § 1.

(a) It is unlawful for any corporation, company, or individual to: (1) Mine, extract, or remove coal from under, beneath, or within the buffer zone for a cemetery, graveyard, or burying place in this state as specified in rules promulgated by the Arkansas Pollution Control and Ecology Commission under the Arkansas Surface Coal Mining and Reclamation Act of 1979, § 15-58-101 et seq.; (2) (A) Mine, extract, or remove any other mineral substance from under, beneath, or within twenty-five feet (25') of the boundary of any cemetery, graveyard, or burying place in this state. (B) This subdivision (a)(2) does not apply to oil, gas, or any other hydrocarbon produced in a liquid or gaseous form; or (3) Make, place, or drive any slope, pit, or entry of any kind into, under, through, or across any cemetery, graveyard, or other burying place in this state.

(1) Mine, extract, or remove coal from under, beneath, or within the buffer zone for a cemetery, graveyard, or burying place in this state as specified in rules promulgated by the Arkansas Pollution Control and Ecology Commission under the Arkansas Surface Coal Mining and Reclamation Act of 1979, § 15-58-101 et seq.;

(2) (A) Mine, extract, or remove any other mineral substance from under, beneath, or within twenty-five feet (25') of the boundary of any cemetery, graveyard, or burying place in this state. (B) This subdivision (a)(2) does not apply to oil, gas, or any other hydrocarbon produced in a liquid or gaseous form; or

(A) Mine, extract, or remove any other mineral substance from under, beneath, or within twenty-five feet (25') of the boundary of any cemetery, graveyard, or burying place in this state.

(B) This subdivision (a)(2) does not apply to oil, gas, or any other hydrocarbon produced in a liquid or gaseous form; or

(3) Make, place, or drive any slope, pit, or entry of any kind into, under, through, or across any cemetery, graveyard, or other burying place in this state.

(b) Any corporation, company, or individual violating a provision of this section is guilty of a Class D felony.

Acts 1907, No. 58, §§ 1-3, p. 138; C. & M. Dig., §§ 2728, 2729; Pope's Dig., §§ 3414, 3415; A.S.A. 1947, §§ 41-1981 -- 41-1983; Acts 2005, No. 1994, § 422; 2005, No. 2232, § 1.
Ark. Code Ann. § 5-14-138 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-138
Registered offender prohibited from purchasing, owning, possessing, using, or operating unmanned aircraft
Status: in_force

(a) As used in this section, "unmanned aircraft" means an aircraft, including an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft and has the ability to photographically or electronically record. (b) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly purchase, own, possess, use, or operate an unmanned aircraft. (c) This section does not apply to a person who: (1) Is required to purchase, own, possess, use, or operate an unmanned aircraft as part of his or her employment; and (2) Purchases, owns, possesses, uses, or operates an unmanned aircraft as part of his or her employment. (d) A violation of this section is a Class D felony. Added by Act 2023, No. 35,§ 2, eff. 8/1/2023.

(a) As used in this section, "unmanned aircraft" means an aircraft, including an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft and has the ability to photographically or electronically record.

(b) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly purchase, own, possess, use, or operate an unmanned aircraft.

(c) This section does not apply to a person who: (1) Is required to purchase, own, possess, use, or operate an unmanned aircraft as part of his or her employment; and (2) Purchases, owns, possesses, uses, or operates an unmanned aircraft as part of his or her employment.

(1) Is required to purchase, own, possess, use, or operate an unmanned aircraft as part of his or her employment; and

(2) Purchases, owns, possesses, uses, or operates an unmanned aircraft as part of his or her employment.

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

Added by Act 2023, No. 35,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 5-55-201 — AR Code / Title 5 / Chapter 55 / Subchapter 2 / Section 5-55-201
Traffic in illegal food coupons or vouchers
Status: in_force

(a) (1) Any individual, partnership, corporation, or other legal entity that issues food coupons in a manner not authorized by federal law and regulations or state law and rules or that uses, transfers, acquires, possesses, or presents any food coupons for payment not authorized by federal and state law or federal regulations and state rules is guilty of a Class D felony. (2) However, if the food coupons are of a value of less than one hundred dollars ($100), the individual, partnership, corporation, or other legal entity is guilty of a Class A misdemeanor. (b) Any individual, partnership, corporation, or other legal entity that issues a voucher used in the federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) in a manner not authorized by federal law and regulations or state law and rules or that uses, transfers, acquires, possesses, or presents any voucher used in the federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) for payment not authorized by federal and state law or federal regulations and state rules is guilty of a Class A misdemeanor. (c) As used in this subchapter, "food coupons" means any printed material, magnetically encoded instrument, or other device or process issued by the Department of Human Services or its successors, the purpose of which is to permit the purchase of food as provided for by the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq., or regulations promulgated pursuant to the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq. Amended by Act 2019, No. 315,§ 153, eff. 7/24/2019. Acts 1979, No. 714, § 1; A.S.A. 1947, § 41-4301; Acts 1993, No. 489, § 1; 1995, No. 126, § 1; 1995, No. 345, § 1; 2005, No. 1994, § 426.

(a) (1) Any individual, partnership, corporation, or other legal entity that issues food coupons in a manner not authorized by federal law and regulations or state law and rules or that uses, transfers, acquires, possesses, or presents any food coupons for payment not authorized by federal and state law or federal regulations and state rules is guilty of a Class D felony. (2) However, if the food coupons are of a value of less than one hundred dollars ($100), the individual, partnership, corporation, or other legal entity is guilty of a Class A misdemeanor.

(1) Any individual, partnership, corporation, or other legal entity that issues food coupons in a manner not authorized by federal law and regulations or state law and rules or that uses, transfers, acquires, possesses, or presents any food coupons for payment not authorized by federal and state law or federal regulations and state rules is guilty of a Class D felony.

(2) However, if the food coupons are of a value of less than one hundred dollars ($100), the individual, partnership, corporation, or other legal entity is guilty of a Class A misdemeanor.

(b) Any individual, partnership, corporation, or other legal entity that issues a voucher used in the federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) in a manner not authorized by federal law and regulations or state law and rules or that uses, transfers, acquires, possesses, or presents any voucher used in the federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) for payment not authorized by federal and state law or federal regulations and state rules is guilty of a Class A misdemeanor.

(c) As used in this subchapter, "food coupons" means any printed material, magnetically encoded instrument, or other device or process issued by the Department of Human Services or its successors, the purpose of which is to permit the purchase of food as provided for by the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq., or regulations promulgated pursuant to the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq.

Amended by Act 2019, No. 315,§ 153, eff. 7/24/2019.

Acts 1979, No. 714, § 1; A.S.A. 1947, § 41-4301; Acts 1993, No. 489, § 1; 1995, No. 126, § 1; 1995, No. 345, § 1; 2005, No. 1994, § 426.
Ark. Code Ann. § 5-29-204 — AR Code / Title 5 / Chapter 29 / Subchapter 2 / Section 5-29-204
Neglect of a vulnerable person
Status: in_force

(a) A person commits neglect of a vulnerable person if, being a healthcare provider or caregiver, he or she purposely neglects a vulnerable person under his or her care or to whom he or she has access due to his or her position as a healthcare provider or caregiver. (b) Neglect of a vulnerable person is a: (1) Class D felony if the neglect causes serious physical injury or a substantial risk of death to the vulnerable person; (2) Class B misdemeanor if the neglect causes physical injury to the vulnerable person; or (3) Class C misdemeanor if otherwise committed. Added by Act 2023, No. 783,§ 1, eff. 8/1/2023.

(a) A person commits neglect of a vulnerable person if, being a healthcare provider or caregiver, he or she purposely neglects a vulnerable person under his or her care or to whom he or she has access due to his or her position as a healthcare provider or caregiver.

(b) Neglect of a vulnerable person is a: (1) Class D felony if the neglect causes serious physical injury or a substantial risk of death to the vulnerable person; (2) Class B misdemeanor if the neglect causes physical injury to the vulnerable person; or (3) Class C misdemeanor if otherwise committed.

(1) Class D felony if the neglect causes serious physical injury or a substantial risk of death to the vulnerable person;

(2) Class B misdemeanor if the neglect causes physical injury to the vulnerable person; or

(3) Class C misdemeanor if otherwise committed.

Added by Act 2023, No. 783,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 5-4-202 — AR Code / Title 5 / Chapter 4 / Subchapter 2 / Section 5-4-202
Alternative sentence prohibited - Time of payment
Status: in_force

(a) If the defendant is sentenced to pay a fine or costs, the court shall not at the same time impose an alternative sentence or imprisonment to be served if the fine or costs are not paid. (b) (1) If a defendant is sentenced to pay a fine or costs, the court may grant permission for payment to be made: (A) Within a specified period of time; or (B) In specified installments. (2) Except as provided in subsection (c) of this section, if permission under subdivision (b)(1) of this section is not granted in the sentence, the fine or costs are payable immediately. (c) (1) If a defendant is sentenced to a term of imprisonment, fines and costs shall be suspended for the period of confinement and the one hundred twenty (120) days following the defendant's release from custody. (2) If a defendant is sentenced to a term of imprisonment, restitution shall be suspended for the period of confinement and is payable immediately following the defendant's release from custody. Amended by Act 2023, No. 659,§ 7, eff. 1/1/2024. Acts 1975, No. 280, § 1102; A.S.A. 1947, § 41-1102; Acts 2011, No. 1120, § 3.

(a) If the defendant is sentenced to pay a fine or costs, the court shall not at the same time impose an alternative sentence or imprisonment to be served if the fine or costs are not paid.

(b) (1) If a defendant is sentenced to pay a fine or costs, the court may grant permission for payment to be made: (A) Within a specified period of time; or (B) In specified installments. (2) Except as provided in subsection (c) of this section, if permission under subdivision (b)(1) of this section is not granted in the sentence, the fine or costs are payable immediately.

(1) If a defendant is sentenced to pay a fine or costs, the court may grant permission for payment to be made: (A) Within a specified period of time; or (B) In specified installments.

(A) Within a specified period of time; or

(B) In specified installments.

(2) Except as provided in subsection (c) of this section, if permission under subdivision (b)(1) of this section is not granted in the sentence, the fine or costs are payable immediately.

(c) (1) If a defendant is sentenced to a term of imprisonment, fines and costs shall be suspended for the period of confinement and the one hundred twenty (120) days following the defendant's release from custody. (2) If a defendant is sentenced to a term of imprisonment, restitution shall be suspended for the period of confinement and is payable immediately following the defendant's release from custody.

(1) If a defendant is sentenced to a term of imprisonment, fines and costs shall be suspended for the period of confinement and the one hundred twenty (120) days following the defendant's release from custody.

(2) If a defendant is sentenced to a term of imprisonment, restitution shall be suspended for the period of confinement and is payable immediately following the defendant's release from custody.

Amended by Act 2023, No. 659,§ 7, eff. 1/1/2024.

Acts 1975, No. 280, § 1102; A.S.A. 1947, § 41-1102; Acts 2011, No. 1120, § 3.
Ark. Code Ann. § 5-73-208 — AR Code / Title 5 / Chapter 73 / Subchapter 2 / Section 5-73-208
Registration by manufacturers
Status: in_force

(a) Every manufacturer shall keep a register of all machine guns manufactured or handled by the manufacturer. (b) This register shall show: (1) The model and serial number, date of manufacture, sale, loan, gift, delivery, or receipt, of every machine gun, the name, address, and occupation of the person to whom the machine gun was sold, loaned, given, or delivered, or from whom it was received; and (2) The purpose for which it was acquired by the person to whom the machine gun was sold, loaned, given, or delivered, or from whom received. (c) Upon demand every manufacturer shall permit any marshal, sheriff, or police officer to inspect the manufacturer's entire stock of machine guns, parts, and supplies therefor, and shall produce the register, required by this section, for inspection. (d) A violation of this section is a violation punishable by a fine of not less than one hundred dollars ($100). Acts 1935, No. 80, § 7; Pope's Dig., § 3520; A.S.A. 1947, § 41-3163; Acts 2009, No. 748, § 41.

(a) Every manufacturer shall keep a register of all machine guns manufactured or handled by the manufacturer.

(b) This register shall show: (1) The model and serial number, date of manufacture, sale, loan, gift, delivery, or receipt, of every machine gun, the name, address, and occupation of the person to whom the machine gun was sold, loaned, given, or delivered, or from whom it was received; and (2) The purpose for which it was acquired by the person to whom the machine gun was sold, loaned, given, or delivered, or from whom received.

(1) The model and serial number, date of manufacture, sale, loan, gift, delivery, or receipt, of every machine gun, the name, address, and occupation of the person to whom the machine gun was sold, loaned, given, or delivered, or from whom it was received; and

(2) The purpose for which it was acquired by the person to whom the machine gun was sold, loaned, given, or delivered, or from whom received.

(c) Upon demand every manufacturer shall permit any marshal, sheriff, or police officer to inspect the manufacturer's entire stock of machine guns, parts, and supplies therefor, and shall produce the register, required by this section, for inspection.

(d) A violation of this section is a violation punishable by a fine of not less than one hundred dollars ($100).

Acts 1935, No. 80, § 7; Pope's Dig., § 3520; A.S.A. 1947, § 41-3163; Acts 2009, No. 748, § 41.
Ark. Code Ann. § 5-66-113 — AR Code / Title 5 / Chapter 66 / Section 5-66-113
Games of hazard or skill - Betting
Status: in_force

(a) If a person bets any money or any valuable thing on any game of hazard or skill, upon conviction he or she is guilty of a violation and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00). (b) In prosecuting under subsection (a) of this section it is sufficient for the indictment to charge that the defendant bet money or another valuable thing on a game of hazard or skill, without stating with whom the game was played. Acts 1855, §§ 1, 2, p. 270; C. & M. Dig., §§ 2640, 2641; Pope's Dig., §§ 3330, 3331; A.S.A. 1947, §§ 41-3262, 41-3263; Acts 2009, No. 748, § 36.

(a) If a person bets any money or any valuable thing on any game of hazard or skill, upon conviction he or she is guilty of a violation and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).

(b) In prosecuting under subsection (a) of this section it is sufficient for the indictment to charge that the defendant bet money or another valuable thing on a game of hazard or skill, without stating with whom the game was played.

Acts 1855, §§ 1, 2, p. 270; C. & M. Dig., §§ 2640, 2641; Pope's Dig., §§ 3330, 3331; A.S.A. 1947, §§ 41-3262, 41-3263; Acts 2009, No. 748, § 36.
Ark. Code Ann. § 5-64-1110 — AR Code / Title 5 / Chapter 64 / Subchapter 11 / Section 5-64-1110
Destruction of records
Status: in_force

The Arkansas Crime Information Center shall destroy any transaction record maintained in the real-time electronic logbook within two (2) years from the date of its entry unless the transaction record is being used in an ongoing criminal investigation or criminal proceeding. Acts 2007, No. 508, § 3.

The Arkansas Crime Information Center shall destroy any transaction record maintained in the real-time electronic logbook within two (2) years from the date of its entry unless the transaction record is being used in an ongoing criminal investigation or criminal proceeding.

Acts 2007, No. 508, § 3.
Ark. Code Ann. § 5-18-103 — AR Code / Title 5 / Chapter 18 / Section 5-18-103
Trafficking of persons
Status: in_force

(a) A person commits the offense of trafficking of persons if he or she knowingly: (1) Recruits, harbors, transports, obtains, entices, solicits, isolates, provides, or maintains a person when he or she knows or reasonably should know that the person will be subjected to involuntary servitude; (2) Benefits financially or benefits by receiving anything of value from participation in a venture that he or she knows or reasonably should know is engaged in conduct prohibited under subdivision (a)(1) of this section; (3) Subjects a person to involuntary servitude; (4) Recruits, entices, solicits, isolates, harbors, transports, provides, maintains, or obtains a minor for commercial sexual activity; (5) Sells or offers to sell travel services that he or she knows or reasonably should know include an activity prohibited under subdivisions (a)(1)-(4) of this section; (6) Recruits, entices, solicits, isolates, harbors, transports, provides, maintains, or obtains a pregnant woman for the purpose of causing the pregnant woman to place her unborn child for adoption by: (A) The use of or threatened use of physical force; (B) The physical restraint or threat of physical restraint of a person; (C) Serious physical injury or threat of serious physical injury to a person; (D) Abuse or threatened abuse of law or legal process; (E) Any scheme, plan, or pattern that has a purpose to cause the pregnant woman to believe that, if the pregnant woman does not place the unborn child for adoption, a person would suffer serious physical injury or physical restraint; or (F) Means of serious harm or threats of serious harm to a person; or (7) Benefits financially or benefits by receiving anything of value from participating in an act described under subdivision (a)(6) of this section. (b) It is not a defense to prosecution under subdivision (a)(4) of this section that the actor: (1) Did not have knowledge of a victim's age; or (2) Mistakenly believed a victim was not a minor. (c) (1) Trafficking of persons is a Class A felony. (2) Trafficking of persons is a Class Y felony if a victim was a minor at the time of the offense. (d) (1) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000). (2) Fine payments received under subdivision (d)(1) of this section shall be deposited as follows: (A) Fifty percent (50%) into the Safe Harbor Fund for Sexually Exploited Children; and (B) Fifty percent (50%) into the Human Trafficking Victim Support Fund. Amended by Act 2023, No. 736,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 327,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 327,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 1106,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 1022,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 1080,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1257,§ 4, eff. 8/16/2013. Added by Act 2013, No. 133,§ 3, eff. 8/16/2013. Added by Act 2013, No. 132,§ 3, eff. 8/16/2013.

(a) A person commits the offense of trafficking of persons if he or she knowingly: (1) Recruits, harbors, transports, obtains, entices, solicits, isolates, provides, or maintains a person when he or she knows or reasonably should know that the person will be subjected to involuntary servitude; (2) Benefits financially or benefits by receiving anything of value from participation in a venture that he or she knows or reasonably should know is engaged in conduct prohibited under subdivision (a)(1) of this section; (3) Subjects a person to involuntary servitude; (4) Recruits, entices, solicits, isolates, harbors, transports, provides, maintains, or obtains a minor for commercial sexual activity; (5) Sells or offers to sell travel services that he or she knows or reasonably should know include an activity prohibited under subdivisions (a)(1)-(4) of this section; (6) Recruits, entices, solicits, isolates, harbors, transports, provides, maintains, or obtains a pregnant woman for the purpose of causing the pregnant woman to place her unborn child for adoption by: (A) The use of or threatened use of physical force; (B) The physical restraint or threat of physical restraint of a person; (C) Serious physical injury or threat of serious physical injury to a person; (D) Abuse or threatened abuse of law or legal process; (E) Any scheme, plan, or pattern that has a purpose to cause the pregnant woman to believe that, if the pregnant woman does not place the unborn child for adoption, a person would suffer serious physical injury or physical restraint; or (F) Means of serious harm or threats of serious harm to a person; or (7) Benefits financially or benefits by receiving anything of value from participating in an act described under subdivision (a)(6) of this section.

(1) Recruits, harbors, transports, obtains, entices, solicits, isolates, provides, or maintains a person when he or she knows or reasonably should know that the person will be subjected to involuntary servitude;

(2) Benefits financially or benefits by receiving anything of value from participation in a venture that he or she knows or reasonably should know is engaged in conduct prohibited under subdivision (a)(1) of this section;

(3) Subjects a person to involuntary servitude;

(4) Recruits, entices, solicits, isolates, harbors, transports, provides, maintains, or obtains a minor for commercial sexual activity;

(5) Sells or offers to sell travel services that he or she knows or reasonably should know include an activity prohibited under subdivisions (a)(1)-(4) of this section;

(6) Recruits, entices, solicits, isolates, harbors, transports, provides, maintains, or obtains a pregnant woman for the purpose of causing the pregnant woman to place her unborn child for adoption by: (A) The use of or threatened use of physical force; (B) The physical restraint or threat of physical restraint of a person; (C) Serious physical injury or threat of serious physical injury to a person; (D) Abuse or threatened abuse of law or legal process; (E) Any scheme, plan, or pattern that has a purpose to cause the pregnant woman to believe that, if the pregnant woman does not place the unborn child for adoption, a person would suffer serious physical injury or physical restraint; or (F) Means of serious harm or threats of serious harm to a person; or

(A) The use of or threatened use of physical force;

(B) The physical restraint or threat of physical restraint of a person;

(C) Serious physical injury or threat of serious physical injury to a person;

(D) Abuse or threatened abuse of law or legal process;

(E) Any scheme, plan, or pattern that has a purpose to cause the pregnant woman to believe that, if the pregnant woman does not place the unborn child for adoption, a person would suffer serious physical injury or physical restraint; or

(F) Means of serious harm or threats of serious harm to a person; or

(7) Benefits financially or benefits by receiving anything of value from participating in an act described under subdivision (a)(6) of this section.

(b) It is not a defense to prosecution under subdivision (a)(4) of this section that the actor: (1) Did not have knowledge of a victim's age; or (2) Mistakenly believed a victim was not a minor.

(1) Did not have knowledge of a victim's age; or

(2) Mistakenly believed a victim was not a minor.

(c) (1) Trafficking of persons is a Class A felony. (2) Trafficking of persons is a Class Y felony if a victim was a minor at the time of the offense.

(1) Trafficking of persons is a Class A felony.

(2) Trafficking of persons is a Class Y felony if a victim was a minor at the time of the offense.

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

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

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

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

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

Amended by Act 2023, No. 736,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 327,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 327,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 1106,§ 4, eff. 7/28/2021.

Amended by Act 2019, No. 1022,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 1080,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1257,§ 4, eff. 8/16/2013.

Added by Act 2013, No. 133,§ 3, eff. 8/16/2013.

Added by Act 2013, No. 132,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 5-60-201 — AR Code / Title 5 / Chapter 60 / Subchapter 2 / Section 5-60-201
Unlawful activities
Status: in_force

(a) (1) (A) It is unlawful for a person to: (i) Sell, give away, distribute, or market human or synthetic urine in this state or transport human or synthetic urine into this state with the intent of using the human or synthetic urine to defraud or cause deceitful results in a drug or alcohol screening test; (ii) Attempt to foil or defeat a drug or alcohol screening test by substituting synthetic urine or substituting or spiking a human urine sample or by advertising urine sample substitution or human urine spiking devices or measures; (iii) Adulterate a human urine sample or other human bodily fluid sample with the intent to defraud or cause deceitful results in a drug or alcohol screening test; (iv) Possess adulterants which are intended to be used to adulterate a human urine sample or other human bodily fluid sample for the purpose of defrauding or causing deceitful results in a drug or alcohol screening test; or (v) Sell or market an adulterant with the intent by the seller or marketer that the product be used to adulterate a human urine sample or other human bodily fluid sample for the purpose of defrauding or causing deceitful results in a drug or alcohol screening test. (B) As used in this section, "adulterant" means a substance that is not expected to be in human urine or another human bodily fluid or a substance expected to be present in human urine or another human bodily fluid but that is at a concentration so high that it is not consistent with human urine or another human bodily fluid, including without limitation: (i) Bleach; (ii) Chromium; (iii) Creatinine; (iv) Detergent; (v) Glutaraldehyde; (vi) Glutaraldehyde/squalene; (vii) Hydrochloric acid; (viii) Hydroiodic acid; (ix) Iodine; (x) Nitrite; (xi) Peroxidase; (xii) Potassium dichromate; (xiii) Potassium nitrite; (xiv) Pyridinium chlorochromate; and (xv) Sodium nitrite. (2) Upon conviction, a person who violates subdivision (a)(1)(A) of this section is guilty of a Class B misdemeanor. (b) Intent to defraud or cause deceitful results in a drug or alcohol screening test is presumed if: (1) A heating element or any other device used to thwart a drug screening test accompanies the sale, giving, distribution, or marketing of human or synthetic urine; or (2) Instructions that provide a method for thwarting a drug screening test accompany the sale, giving, distribution, or marketing of human or synthetic urine. Acts 2003, No. 750, § 1; 2009, No. 640, § 1.

(a) (1) (A) It is unlawful for a person to: (i) Sell, give away, distribute, or market human or synthetic urine in this state or transport human or synthetic urine into this state with the intent of using the human or synthetic urine to defraud or cause deceitful results in a drug or alcohol screening test; (ii) Attempt to foil or defeat a drug or alcohol screening test by substituting synthetic urine or substituting or spiking a human urine sample or by advertising urine sample substitution or human urine spiking devices or measures; (iii) Adulterate a human urine sample or other human bodily fluid sample with the intent to defraud or cause deceitful results in a drug or alcohol screening test; (iv) Possess adulterants which are intended to be used to adulterate a human urine sample or other human bodily fluid sample for the purpose of defrauding or causing deceitful results in a drug or alcohol screening test; or (v) Sell or market an adulterant with the intent by the seller or marketer that the product be used to adulterate a human urine sample or other human bodily fluid sample for the purpose of defrauding or causing deceitful results in a drug or alcohol screening test. (B) As used in this section, "adulterant" means a substance that is not expected to be in human urine or another human bodily fluid or a substance expected to be present in human urine or another human bodily fluid but that is at a concentration so high that it is not consistent with human urine or another human bodily fluid, including without limitation: (i) Bleach; (ii) Chromium; (iii) Creatinine; (iv) Detergent; (v) Glutaraldehyde; (vi) Glutaraldehyde/squalene; (vii) Hydrochloric acid; (viii) Hydroiodic acid; (ix) Iodine; (x) Nitrite; (xi) Peroxidase; (xii) Potassium dichromate; (xiii) Potassium nitrite; (xiv) Pyridinium chlorochromate; and (xv) Sodium nitrite. (2) Upon conviction, a person who violates subdivision (a)(1)(A) of this section is guilty of a Class B misdemeanor.

(1) (A) It is unlawful for a person to: (i) Sell, give away, distribute, or market human or synthetic urine in this state or transport human or synthetic urine into this state with the intent of using the human or synthetic urine to defraud or cause deceitful results in a drug or alcohol screening test; (ii) Attempt to foil or defeat a drug or alcohol screening test by substituting synthetic urine or substituting or spiking a human urine sample or by advertising urine sample substitution or human urine spiking devices or measures; (iii) Adulterate a human urine sample or other human bodily fluid sample with the intent to defraud or cause deceitful results in a drug or alcohol screening test; (iv) Possess adulterants which are intended to be used to adulterate a human urine sample or other human bodily fluid sample for the purpose of defrauding or causing deceitful results in a drug or alcohol screening test; or (v) Sell or market an adulterant with the intent by the seller or marketer that the product be used to adulterate a human urine sample or other human bodily fluid sample for the purpose of defrauding or causing deceitful results in a drug or alcohol screening test. (B) As used in this section, "adulterant" means a substance that is not expected to be in human urine or another human bodily fluid or a substance expected to be present in human urine or another human bodily fluid but that is at a concentration so high that it is not consistent with human urine or another human bodily fluid, including without limitation: (i) Bleach; (ii) Chromium; (iii) Creatinine; (iv) Detergent; (v) Glutaraldehyde; (vi) Glutaraldehyde/squalene; (vii) Hydrochloric acid; (viii) Hydroiodic acid; (ix) Iodine; (x) Nitrite; (xi) Peroxidase; (xii) Potassium dichromate; (xiii) Potassium nitrite; (xiv) Pyridinium chlorochromate; and (xv) Sodium nitrite.

(A) It is unlawful for a person to: (i) Sell, give away, distribute, or market human or synthetic urine in this state or transport human or synthetic urine into this state with the intent of using the human or synthetic urine to defraud or cause deceitful results in a drug or alcohol screening test; (ii) Attempt to foil or defeat a drug or alcohol screening test by substituting synthetic urine or substituting or spiking a human urine sample or by advertising urine sample substitution or human urine spiking devices or measures; (iii) Adulterate a human urine sample or other human bodily fluid sample with the intent to defraud or cause deceitful results in a drug or alcohol screening test; (iv) Possess adulterants which are intended to be used to adulterate a human urine sample or other human bodily fluid sample for the purpose of defrauding or causing deceitful results in a drug or alcohol screening test; or (v) Sell or market an adulterant with the intent by the seller or marketer that the product be used to adulterate a human urine sample or other human bodily fluid sample for the purpose of defrauding or causing deceitful results in a drug or alcohol screening test.

(i) Sell, give away, distribute, or market human or synthetic urine in this state or transport human or synthetic urine into this state with the intent of using the human or synthetic urine to defraud or cause deceitful results in a drug or alcohol screening test;

(ii) Attempt to foil or defeat a drug or alcohol screening test by substituting synthetic urine or substituting or spiking a human urine sample or by advertising urine sample substitution or human urine spiking devices or measures;

(iii) Adulterate a human urine sample or other human bodily fluid sample with the intent to defraud or cause deceitful results in a drug or alcohol screening test;

(iv) Possess adulterants which are intended to be used to adulterate a human urine sample or other human bodily fluid sample for the purpose of defrauding or causing deceitful results in a drug or alcohol screening test; or

(v) Sell or market an adulterant with the intent by the seller or marketer that the product be used to adulterate a human urine sample or other human bodily fluid sample for the purpose of defrauding or causing deceitful results in a drug or alcohol screening test.

(B) As used in this section, "adulterant" means a substance that is not expected to be in human urine or another human bodily fluid or a substance expected to be present in human urine or another human bodily fluid but that is at a concentration so high that it is not consistent with human urine or another human bodily fluid, including without limitation: (i) Bleach; (ii) Chromium; (iii) Creatinine; (iv) Detergent; (v) Glutaraldehyde; (vi) Glutaraldehyde/squalene; (vii) Hydrochloric acid; (viii) Hydroiodic acid; (ix) Iodine; (x) Nitrite; (xi) Peroxidase; (xii) Potassium dichromate; (xiii) Potassium nitrite; (xiv) Pyridinium chlorochromate; and (xv) Sodium nitrite.

(i) Bleach;

(ii) Chromium;

(iii) Creatinine;

(iv) Detergent;

(v) Glutaraldehyde;

(vi) Glutaraldehyde/squalene;

(vii) Hydrochloric acid;

(viii) Hydroiodic acid;

(ix) Iodine;

(x) Nitrite;

(xi) Peroxidase;

(xii) Potassium dichromate;

(xiii) Potassium nitrite;

(xiv) Pyridinium chlorochromate; and

(xv) Sodium nitrite.

(2) Upon conviction, a person who violates subdivision (a)(1)(A) of this section is guilty of a Class B misdemeanor.

(b) Intent to defraud or cause deceitful results in a drug or alcohol screening test is presumed if: (1) A heating element or any other device used to thwart a drug screening test accompanies the sale, giving, distribution, or marketing of human or synthetic urine; or (2) Instructions that provide a method for thwarting a drug screening test accompany the sale, giving, distribution, or marketing of human or synthetic urine.

(1) A heating element or any other device used to thwart a drug screening test accompanies the sale, giving, distribution, or marketing of human or synthetic urine; or

(2) Instructions that provide a method for thwarting a drug screening test accompany the sale, giving, distribution, or marketing of human or synthetic urine.

Acts 2003, No. 750, § 1; 2009, No. 640, § 1.
Ark. Code Ann. § 5-54-207 — AR Code / Title 5 / Chapter 54 / Subchapter 2 / Section 5-54-207
Hindering prosecution of terrorism
Status: in_force

(a) A person commits the offense of hindering prosecution of terrorism if the person renders criminal assistance to a person who has committed terrorism, § 5-54-205 , or causing a catastrophe, § 5-38-202 , when he or she knows that the person to whom he or she rendered criminal assistance engaged in an act of terrorism or caused a catastrophe. (b) (1) Hindering prosecution of terrorism is a Class B felony. (2) However, hindering prosecution of terrorism is a Class D felony if the defendant shows by a preponderance of the evidence that he or she stands to the person assisted in the relation of: (A) Parent, child, brother, or sister or a corresponding step-relationship of the preceding relationships; or (B) Husband and wife. Acts 2003, No. 1342, § 3.

(a) A person commits the offense of hindering prosecution of terrorism if the person renders criminal assistance to a person who has committed terrorism, § 5-54-205 , or causing a catastrophe, § 5-38-202 , when he or she knows that the person to whom he or she rendered criminal assistance engaged in an act of terrorism or caused a catastrophe.

(b) (1) Hindering prosecution of terrorism is a Class B felony. (2) However, hindering prosecution of terrorism is a Class D felony if the defendant shows by a preponderance of the evidence that he or she stands to the person assisted in the relation of: (A) Parent, child, brother, or sister or a corresponding step-relationship of the preceding relationships; or (B) Husband and wife.

(1) Hindering prosecution of terrorism is a Class B felony.

(2) However, hindering prosecution of terrorism is a Class D felony if the defendant shows by a preponderance of the evidence that he or she stands to the person assisted in the relation of: (A) Parent, child, brother, or sister or a corresponding step-relationship of the preceding relationships; or (B) Husband and wife.

(A) Parent, child, brother, or sister or a corresponding step-relationship of the preceding relationships; or

(B) Husband and wife.

Acts 2003, No. 1342, § 3.
Ark. Code Ann. § 5-64-1002 — AR Code / Title 5 / Chapter 64 / Subchapter 10 / Section 5-64-1002
Identification of purchaser
Status: in_force

(a) Any manufacturer, wholesaler, retailer, or other person required to maintain records of transactions under this subchapter shall obtain proper identification from the purchaser. (b) "Proper identification" means a motor vehicle operator's license or other official state-issued identification of the purchaser that contains a photograph of the purchaser, and includes: (1) The residential or mailing address of the purchaser, other than a post office box number; (2) The motor vehicle license number of any motor vehicle owned or operated by the purchaser; and (3) A letter of authorization from the business for which any substance specified in § 5-64-1001 is being furnished, that includes: (A) The business license number and address of the business; (B) A full description of how the substance is to be used; and (C) The signature of the purchaser. (c) The person selling, transferring, or otherwise furnishing any substance specified in § 5-64-1001 shall affix his or her signature as a witness to the signature and identification of the purchaser. Acts 1989, No. 518, § 1.

(a) Any manufacturer, wholesaler, retailer, or other person required to maintain records of transactions under this subchapter shall obtain proper identification from the purchaser.

(b) "Proper identification" means a motor vehicle operator's license or other official state-issued identification of the purchaser that contains a photograph of the purchaser, and includes: (1) The residential or mailing address of the purchaser, other than a post office box number; (2) The motor vehicle license number of any motor vehicle owned or operated by the purchaser; and (3) A letter of authorization from the business for which any substance specified in § 5-64-1001 is being furnished, that includes: (A) The business license number and address of the business; (B) A full description of how the substance is to be used; and (C) The signature of the purchaser.

(1) The residential or mailing address of the purchaser, other than a post office box number;

(2) The motor vehicle license number of any motor vehicle owned or operated by the purchaser; and

(3) A letter of authorization from the business for which any substance specified in § 5-64-1001 is being furnished, that includes: (A) The business license number and address of the business; (B) A full description of how the substance is to be used; and (C) The signature of the purchaser.

(A) The business license number and address of the business;

(B) A full description of how the substance is to be used; and

(C) The signature of the purchaser.

(c) The person selling, transferring, or otherwise furnishing any substance specified in § 5-64-1001 shall affix his or her signature as a witness to the signature and identification of the purchaser.

Acts 1989, No. 518, § 1.
Ark. Code Ann. § 5-36-203 — AR Code / Title 5 / Chapter 36 / Subchapter 2 / Section 5-36-203
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1263,§ 8, eff. 7/22/2015. Acts 1993, No. 320, § 4; 2005, No. 1994, § 463.

Repealed by Act 2015, No. 1263,§ 8, eff. 7/22/2015.

Acts 1993, No. 320, § 4; 2005, No. 1994, § 463.
Ark. Code Ann. § 5-64-204 — AR Code / Title 5 / Chapter 64 / Subchapter 2 / Section 5-64-204
Substances in Schedule I
Status: in_force

(a) In addition to any substance placed in Schedule I by the Secretary of the Department of Health under § 5-64-203 , any material, compound, mixture, or preparation, whether produced directly or indirectly from a substance of vegetable origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, that contains any quantity of the following substances, or that contains any of the following substances' analogs, salts, isomers, and salts of isomers when the existence of the analogs, salts, isomers, and salts of isomers is possible within the specific chemical designation, with the following chemical structure is included in Schedule I: (1) 4-Methylmethcathinone (Mephedrone); (2) Methylenedioxypyrovalerone (MDPV); (3) 3,4-Methylenedioxy-N-methylcathinone (Methylone); (4) 4-Methoxymethcathinone; (5) 3-Fluoromethcathinone; (6) 4-Fluoromethcathinone; or (7) A compound, unless listed in another schedule or a legend drug, that is structurally derived from 2-Amino-1-phenyl-1-propanone by modification or by substitution: (A) In the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide substituents, whether or not further substituted in the phenyl ring by one (1) or more other univalent substituents; (B) At the 3-position with an alkyl substituent; or (C) At the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure. (b) The Secretary of the Department of Health shall not delete a controlled substance listed in this section from Schedule I. Amended by Act 2019, No. 910,§ 4833, eff. 7/1/2019. Acts 2011, No. 751, § 1.

(a) In addition to any substance placed in Schedule I by the Secretary of the Department of Health under § 5-64-203 , any material, compound, mixture, or preparation, whether produced directly or indirectly from a substance of vegetable origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, that contains any quantity of the following substances, or that contains any of the following substances' analogs, salts, isomers, and salts of isomers when the existence of the analogs, salts, isomers, and salts of isomers is possible within the specific chemical designation, with the following chemical structure is included in Schedule I: (1) 4-Methylmethcathinone (Mephedrone); (2) Methylenedioxypyrovalerone (MDPV); (3) 3,4-Methylenedioxy-N-methylcathinone (Methylone); (4) 4-Methoxymethcathinone; (5) 3-Fluoromethcathinone; (6) 4-Fluoromethcathinone; or (7) A compound, unless listed in another schedule or a legend drug, that is structurally derived from 2-Amino-1-phenyl-1-propanone by modification or by substitution: (A) In the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide substituents, whether or not further substituted in the phenyl ring by one (1) or more other univalent substituents; (B) At the 3-position with an alkyl substituent; or (C) At the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.

(1) 4-Methylmethcathinone (Mephedrone);

(2) Methylenedioxypyrovalerone (MDPV);

(3) 3,4-Methylenedioxy-N-methylcathinone (Methylone);

(4) 4-Methoxymethcathinone;

(5) 3-Fluoromethcathinone;

(6) 4-Fluoromethcathinone; or

(7) A compound, unless listed in another schedule or a legend drug, that is structurally derived from 2-Amino-1-phenyl-1-propanone by modification or by substitution: (A) In the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide substituents, whether or not further substituted in the phenyl ring by one (1) or more other univalent substituents; (B) At the 3-position with an alkyl substituent; or (C) At the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.

(A) In the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide substituents, whether or not further substituted in the phenyl ring by one (1) or more other univalent substituents;

(B) At the 3-position with an alkyl substituent; or

(C) At the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.

(b) The Secretary of the Department of Health shall not delete a controlled substance listed in this section from Schedule I.

Amended by Act 2019, No. 910,§ 4833, eff. 7/1/2019.

Acts 2011, No. 751, § 1.
Ark. Code Ann. § 5-28-104 — AR Code / Title 5 / Chapter 28 / Subchapter 1 / Section 5-28-104
Privilege not grounds for exclusion of evidence
Status: in_force

Any privilege between a husband and a wife or between any professional person, including, but not limited to, a physician, member of the clergy, counselor, hospital, clinic, rest home, or nursing home, and his or her or its client, except between a lawyer and a client, does not constitute a ground for excluding evidence at any proceeding regarding adult maltreatment of an endangered person or an impaired person, or the cause of the adult maltreatment. Acts 1983, No. 452, § 12; A.S.A. 1947, § 59-1312; Acts 1995, No. 1338, § 2; 2005, No. 1810, § 3.

Any privilege between a husband and a wife or between any professional person, including, but not limited to, a physician, member of the clergy, counselor, hospital, clinic, rest home, or nursing home, and his or her or its client, except between a lawyer and a client, does not constitute a ground for excluding evidence at any proceeding regarding adult maltreatment of an endangered person or an impaired person, or the cause of the adult maltreatment.

Acts 1983, No. 452, § 12; A.S.A. 1947, § 59-1312; Acts 1995, No. 1338, § 2; 2005, No. 1810, § 3.
Ark. Code Ann. § 5-68-409 — AR Code / Title 5 / Chapter 68 / Subchapter 4 / Section 5-68-409
Answer - Trial date
Status: in_force

(a) On or before the return date specified in the order to show cause, the mailable matter and each respondent may file an answer or other defense. (b) By order, the circuit court may permit any person to appear and file an answer as amicus curiae. (c) If no person files an answer or other defense on or before the return date specified in the order to show cause, the circuit court may immediately determine whether the mailable matter is obscene and enter an appropriate judgment. (d) Upon the expiration of the time for filing an answer or other defense by the mailable matter and all respondents, and, upon the circuit court's own motion or upon the application of any party, the circuit court may set a date for the trial of the issues joined. Acts 1961, No. 261, § 8; A.S.A. 1947, § 41-3569.

(a) On or before the return date specified in the order to show cause, the mailable matter and each respondent may file an answer or other defense.

(b) By order, the circuit court may permit any person to appear and file an answer as amicus curiae.

(c) If no person files an answer or other defense on or before the return date specified in the order to show cause, the circuit court may immediately determine whether the mailable matter is obscene and enter an appropriate judgment.

(d) Upon the expiration of the time for filing an answer or other defense by the mailable matter and all respondents, and, upon the circuit court's own motion or upon the application of any party, the circuit court may set a date for the trial of the issues joined.

Acts 1961, No. 261, § 8; A.S.A. 1947, § 41-3569.
Ark. Code Ann. § 5-4-904 — AR Code / Title 5 / Chapter 4 / Subchapter 9 / Section 5-4-904
Eligibility
Status: in_force

(a) The judicial district in which a person is charged with a felony shall have in place a pre-adjudication probation program as authorized by this subchapter before this subchapter may be utilized by the person charged with the felony, the circuit court with jurisdiction, or the state. (b) A person charged with a felony is eligible to participate in a pre-adjudication probation program if: (1) The circuit court with jurisdiction over the case and the prosecuting attorney agree; and (2) The person is not charged with one (1) of the following criminal offenses: (A) A criminal offense for which the person would be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (B) A felony involving violence as listed in § 5-4-501(d)(2) ; (C) A felony involving a victim who was seventeen (17) years of age or younger at the time the felony was committed; or (D) A felony involving a victim who was sixty-five (65) years of age or older at the time the felony was committed. (c) (1) A person charged with a traffic offense committed in any type of motor vehicle who was a holder of a commercial learner's permit or commercial driver license at the time the traffic offense was committed is ineligible to participate in a pre-adjudication probation program. (2) As used in subdivision (c)(1) of this section, "traffic offense" does not include a parking violation, motor vehicle weight violation, or motor vehicle defect violation. Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.

(a) The judicial district in which a person is charged with a felony shall have in place a pre-adjudication probation program as authorized by this subchapter before this subchapter may be utilized by the person charged with the felony, the circuit court with jurisdiction, or the state.

(b) A person charged with a felony is eligible to participate in a pre-adjudication probation program if: (1) The circuit court with jurisdiction over the case and the prosecuting attorney agree; and (2) The person is not charged with one (1) of the following criminal offenses: (A) A criminal offense for which the person would be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (B) A felony involving violence as listed in § 5-4-501(d)(2) ; (C) A felony involving a victim who was seventeen (17) years of age or younger at the time the felony was committed; or (D) A felony involving a victim who was sixty-five (65) years of age or older at the time the felony was committed.

(1) The circuit court with jurisdiction over the case and the prosecuting attorney agree; and

(2) The person is not charged with one (1) of the following criminal offenses: (A) A criminal offense for which the person would be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (B) A felony involving violence as listed in § 5-4-501(d)(2) ; (C) A felony involving a victim who was seventeen (17) years of age or younger at the time the felony was committed; or (D) A felony involving a victim who was sixty-five (65) years of age or older at the time the felony was committed.

(A) A criminal offense for which the person would be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;

(B) A felony involving violence as listed in § 5-4-501(d)(2) ;

(C) A felony involving a victim who was seventeen (17) years of age or younger at the time the felony was committed; or

(D) A felony involving a victim who was sixty-five (65) years of age or older at the time the felony was committed.

(c) (1) A person charged with a traffic offense committed in any type of motor vehicle who was a holder of a commercial learner's permit or commercial driver license at the time the traffic offense was committed is ineligible to participate in a pre-adjudication probation program. (2) As used in subdivision (c)(1) of this section, "traffic offense" does not include a parking violation, motor vehicle weight violation, or motor vehicle defect violation.

(1) A person charged with a traffic offense committed in any type of motor vehicle who was a holder of a commercial learner's permit or commercial driver license at the time the traffic offense was committed is ineligible to participate in a pre-adjudication probation program.

(2) As used in subdivision (c)(1) of this section, "traffic offense" does not include a parking violation, motor vehicle weight violation, or motor vehicle defect violation.

Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-5-201 — AR Code / Title 5 / Chapter 5 / Subchapter 2 / Section 5-5-201
Forfeiture requirement - Exceptions
Status: in_force

(a) Upon conviction, any conveyance, including an aircraft, motor vehicle, or vessel, is subject to forfeiture under this subchapter if it is used in the commission or attempt of: (1) A burglary; (2) A robbery; (3) A theft; (4) An arson; or (5) Trafficking of persons, § 5-18-103 . (b) However: (1) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this subchapter unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to the commission or attempt to commit the offense; (2) A conveyance is not subject to forfeiture under this subchapter by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without his or her knowledge or consent and without the knowledge or consent of any person having possession, care, or control of the conveyance with the owner's permission; and (3) A forfeiture of a conveyance encumbered by a security interest is subject to the security interest of the secured party if the secured party neither had knowledge of nor consented to the use of the conveyance in the commission or attempt to commit the offense. (c) (1) A person who uses or possesses one (1) or more of the following items or conveyances in the commission of a second or subsequent offense for criminal trespass, § 5-39-203 , or criminal trespass on premises located in an unincorporated area, § 5-39-305 , that occurs within five (5) years of a prior offense of criminal trespass, § 5-39-203 , or criminal trespass on premises located in an unincorporated area, § 5-39-305 , is subject to that item's or conveyance's being seized and forfeited under this subchapter: (A) An all-terrain vehicle, as defined under § 27-21-102 ; (B) A conveyance, including an aircraft, motor vehicle, or vessel; (C) A harvesting device, as defined under § 5-39-101 ; (D) A killing device, as defined under § 5-39-101 ; or (E) A tool or other implement. (2) A person or entity that has a valid security interest in an item or conveyance subject to seizure and forfeiture under this subsection is entitled to notice of any forfeiture proceeding as well as the right to intervene in the forfeiture proceeding in order to secure and represent the person's or entity's interest in the item or conveyance to be forfeited. Amended by Act 2017, No. 877,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 1363,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 1157,§ 2, eff. 8/16/2013. Acts 1985, No. 238, § 1; A.S.A. 1947, § 41-1403.

(a) Upon conviction, any conveyance, including an aircraft, motor vehicle, or vessel, is subject to forfeiture under this subchapter if it is used in the commission or attempt of: (1) A burglary; (2) A robbery; (3) A theft; (4) An arson; or (5) Trafficking of persons, § 5-18-103 .

(1) A burglary;

(2) A robbery;

(3) A theft;

(4) An arson; or

(5) Trafficking of persons, § 5-18-103 .

(b) However: (1) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this subchapter unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to the commission or attempt to commit the offense; (2) A conveyance is not subject to forfeiture under this subchapter by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without his or her knowledge or consent and without the knowledge or consent of any person having possession, care, or control of the conveyance with the owner's permission; and (3) A forfeiture of a conveyance encumbered by a security interest is subject to the security interest of the secured party if the secured party neither had knowledge of nor consented to the use of the conveyance in the commission or attempt to commit the offense.

(1) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this subchapter unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to the commission or attempt to commit the offense;

(2) A conveyance is not subject to forfeiture under this subchapter by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without his or her knowledge or consent and without the knowledge or consent of any person having possession, care, or control of the conveyance with the owner's permission; and

(3) A forfeiture of a conveyance encumbered by a security interest is subject to the security interest of the secured party if the secured party neither had knowledge of nor consented to the use of the conveyance in the commission or attempt to commit the offense.

(c) (1) A person who uses or possesses one (1) or more of the following items or conveyances in the commission of a second or subsequent offense for criminal trespass, § 5-39-203 , or criminal trespass on premises located in an unincorporated area, § 5-39-305 , that occurs within five (5) years of a prior offense of criminal trespass, § 5-39-203 , or criminal trespass on premises located in an unincorporated area, § 5-39-305 , is subject to that item's or conveyance's being seized and forfeited under this subchapter: (A) An all-terrain vehicle, as defined under § 27-21-102 ; (B) A conveyance, including an aircraft, motor vehicle, or vessel; (C) A harvesting device, as defined under § 5-39-101 ; (D) A killing device, as defined under § 5-39-101 ; or (E) A tool or other implement. (2) A person or entity that has a valid security interest in an item or conveyance subject to seizure and forfeiture under this subsection is entitled to notice of any forfeiture proceeding as well as the right to intervene in the forfeiture proceeding in order to secure and represent the person's or entity's interest in the item or conveyance to be forfeited.

(1) A person who uses or possesses one (1) or more of the following items or conveyances in the commission of a second or subsequent offense for criminal trespass, § 5-39-203 , or criminal trespass on premises located in an unincorporated area, § 5-39-305 , that occurs within five (5) years of a prior offense of criminal trespass, § 5-39-203 , or criminal trespass on premises located in an unincorporated area, § 5-39-305 , is subject to that item's or conveyance's being seized and forfeited under this subchapter: (A) An all-terrain vehicle, as defined under § 27-21-102 ; (B) A conveyance, including an aircraft, motor vehicle, or vessel; (C) A harvesting device, as defined under § 5-39-101 ; (D) A killing device, as defined under § 5-39-101 ; or (E) A tool or other implement.

(A) An all-terrain vehicle, as defined under § 27-21-102 ;

(B) A conveyance, including an aircraft, motor vehicle, or vessel;

(C) A harvesting device, as defined under § 5-39-101 ;

(D) A killing device, as defined under § 5-39-101 ; or

(E) A tool or other implement.

(2) A person or entity that has a valid security interest in an item or conveyance subject to seizure and forfeiture under this subsection is entitled to notice of any forfeiture proceeding as well as the right to intervene in the forfeiture proceeding in order to secure and represent the person's or entity's interest in the item or conveyance to be forfeited.

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

Amended by Act 2013, No. 1363,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 1157,§ 2, eff. 8/16/2013.

Acts 1985, No. 238, § 1; A.S.A. 1947, § 41-1403.
Ark. Code Ann. § 5-2-611 — AR Code / Title 5 / Chapter 2 / Subchapter 6 / Section 5-2-611
Use of physical force by private person aiding law enforcement officers
Status: in_force

(a) A person is justified in using nondeadly physical force when and to the extent the person reasonably believes the use of nondeadly physical force is necessary to: (1) Effect the arrest of a person reasonably believed to be committing or to have committed a felony; or (2) Prevent the escape of a person reasonably believed to have committed a felony. (b) A person who has been directed by a law enforcement officer to assist in effecting an arrest or in preventing an escape is justified in using nondeadly physical force when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to carry out the law enforcement officer's direction. (c) A person who has been directed by a law enforcement officer to assist in effecting an arrest or in preventing an escape is justified in using deadly physical force if the person reasonably believes the use of deadly physical force is necessary to defend himself or herself or a third person from what the person reasonably believes to be the use or imminent use of deadly physical force. Acts 1975, No. 280, § 511; 1977, No. 474, § 2; A.S.A. 1947, § 41-511.

(a) A person is justified in using nondeadly physical force when and to the extent the person reasonably believes the use of nondeadly physical force is necessary to: (1) Effect the arrest of a person reasonably believed to be committing or to have committed a felony; or (2) Prevent the escape of a person reasonably believed to have committed a felony.

(1) Effect the arrest of a person reasonably believed to be committing or to have committed a felony; or

(2) Prevent the escape of a person reasonably believed to have committed a felony.

(b) A person who has been directed by a law enforcement officer to assist in effecting an arrest or in preventing an escape is justified in using nondeadly physical force when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to carry out the law enforcement officer's direction.

(c) A person who has been directed by a law enforcement officer to assist in effecting an arrest or in preventing an escape is justified in using deadly physical force if the person reasonably believes the use of deadly physical force is necessary to defend himself or herself or a third person from what the person reasonably believes to be the use or imminent use of deadly physical force.

Acts 1975, No. 280, § 511; 1977, No. 474, § 2; A.S.A. 1947, § 41-511.
Ark. Code Ann. § 5-14-124 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-124
Sexual assault in the first degree
Status: in_force

(a) A person commits sexual assault in the first degree if: (1) The person engages in sexual intercourse or deviate sexual activity with a minor who is not the actor's spouse and the actor is: (A) Employed with the Division of Correction, the Division of Community Correction, the Department of Human Services, or any city or county jail or a juvenile detention facility, and the victim is in the custody of the Division of Correction, the Division of Community Correction, the Department of Human Services, any city or county jail or juvenile detention facility, or their contractors or agents; (B) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason; (C) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or (D) An employee in the victim's school or school district, a temporary caretaker, or a person in a position of trust or authority over the victim; or (2) The person is a teacher, principal, athletic coach, or counselor in a public or private school in kindergarten through grade twelve (K-12) and the actor: (A) Engages in sexual intercourse or deviate sexual activity with a person who is not the actor's spouse and the victim is: (i) Less than twenty-one (21) years of age; and (ii) A student enrolled in the public or private school employing the actor; and (B) Is in a position of trust or authority over the victim and uses his or her position of trust or authority over the victim to engage in sexual intercourse or deviate sexual activity. (b) It is no defense to a prosecution under this section that the victim consented to the conduct. (c) It is an affirmative defense to a prosecution under subdivision (a)(1)(D) of this section that the actor was not more than three (3) years older than the victim. (d) Sexual assault in the first degree is a Class A felony. Amended by Act 2023, No. 659,§ 33, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 670, eff. 7/1/2019. Amended by Act 2017, No. 418,§ 2, eff. 8/1/2017. Amended by Act 2013, No. 1044,§ 1, eff. 8/16/2013. Acts 2001, No. 1738, § 2; 2003, No. 1391, § 1; 2003, No. 1469, § 2; 2009, No. 748, § 10; 2009, No. 758, § 2.

(a) A person commits sexual assault in the first degree if: (1) The person engages in sexual intercourse or deviate sexual activity with a minor who is not the actor's spouse and the actor is: (A) Employed with the Division of Correction, the Division of Community Correction, the Department of Human Services, or any city or county jail or a juvenile detention facility, and the victim is in the custody of the Division of Correction, the Division of Community Correction, the Department of Human Services, any city or county jail or juvenile detention facility, or their contractors or agents; (B) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason; (C) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or (D) An employee in the victim's school or school district, a temporary caretaker, or a person in a position of trust or authority over the victim; or (2) The person is a teacher, principal, athletic coach, or counselor in a public or private school in kindergarten through grade twelve (K-12) and the actor: (A) Engages in sexual intercourse or deviate sexual activity with a person who is not the actor's spouse and the victim is: (i) Less than twenty-one (21) years of age; and (ii) A student enrolled in the public or private school employing the actor; and (B) Is in a position of trust or authority over the victim and uses his or her position of trust or authority over the victim to engage in sexual intercourse or deviate sexual activity.

(1) The person engages in sexual intercourse or deviate sexual activity with a minor who is not the actor's spouse and the actor is: (A) Employed with the Division of Correction, the Division of Community Correction, the Department of Human Services, or any city or county jail or a juvenile detention facility, and the victim is in the custody of the Division of Correction, the Division of Community Correction, the Department of Human Services, any city or county jail or juvenile detention facility, or their contractors or agents; (B) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason; (C) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or (D) An employee in the victim's school or school district, a temporary caretaker, or a person in a position of trust or authority over the victim; or

(A) Employed with the Division of Correction, the Division of Community Correction, the Department of Human Services, or any city or county jail or a juvenile detention facility, and the victim is in the custody of the Division of Correction, the Division of Community Correction, the Department of Human Services, any city or county jail or juvenile detention facility, or their contractors or agents;

(B) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason;

(C) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or

(D) An employee in the victim's school or school district, a temporary caretaker, or a person in a position of trust or authority over the victim; or

(2) The person is a teacher, principal, athletic coach, or counselor in a public or private school in kindergarten through grade twelve (K-12) and the actor: (A) Engages in sexual intercourse or deviate sexual activity with a person who is not the actor's spouse and the victim is: (i) Less than twenty-one (21) years of age; and (ii) A student enrolled in the public or private school employing the actor; and (B) Is in a position of trust or authority over the victim and uses his or her position of trust or authority over the victim to engage in sexual intercourse or deviate sexual activity.

(A) Engages in sexual intercourse or deviate sexual activity with a person who is not the actor's spouse and the victim is: (i) Less than twenty-one (21) years of age; and (ii) A student enrolled in the public or private school employing the actor; and

(i) Less than twenty-one (21) years of age; and

(ii) A student enrolled in the public or private school employing the actor; and

(B) Is in a position of trust or authority over the victim and uses his or her position of trust or authority over the victim to engage in sexual intercourse or deviate sexual activity.

(b) It is no defense to a prosecution under this section that the victim consented to the conduct.

(c) It is an affirmative defense to a prosecution under subdivision (a)(1)(D) of this section that the actor was not more than three (3) years older than the victim.

(d) Sexual assault in the first degree is a Class A felony.

Amended by Act 2023, No. 659,§ 33, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 670, eff. 7/1/2019.

Amended by Act 2017, No. 418,§ 2, eff. 8/1/2017.

Amended by Act 2013, No. 1044,§ 1, eff. 8/16/2013.

Acts 2001, No. 1738, § 2; 2003, No. 1391, § 1; 2003, No. 1469, § 2; 2009, No. 748, § 10; 2009, No. 758, § 2.
Ark. Code Ann. § 5-73-127 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-127
[Repealed]
Status: repealed

Repealed by Act 2021, No. 433,§ 1, eff. 7/28/2021. Acts 1985, No. 515, §§ 1-3; 1987, No. 829, § 1; 1989, No. 63, § 1; 1991, No. 148, § 1; 1991, No. 731, § 1; 1993, No. 1099, § 1; 2007, No. 52, § 1; 2009, No. 748, § 40.

Repealed by Act 2021, No. 433,§ 1, eff. 7/28/2021.

Acts 1985, No. 515, §§ 1-3; 1987, No. 829, § 1; 1989, No. 63, § 1; 1991, No. 148, § 1; 1991, No. 731, § 1; 1993, No. 1099, § 1; 2007, No. 52, § 1; 2009, No. 748, § 40.
Ark. Code Ann. § 5-73-309 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-309
License - Requirements
Status: in_force

The Director of the Division of Arkansas State Police shall issue a license to carry a concealed handgun if the applicant: (1) Is a citizen of the United States or a permanent legal resident; (2) (A) Is a resident of the state and has been a resident continuously for ninety (90) days or longer immediately preceding the filing of the application. (B) However, subdivision (2)(A) of this section does not apply to any: (i) Active duty member of the United States Armed Forces who submits documentation of his or her active duty status; or (ii) Spouse of an active duty member of the United States Armed Forces who submits documentation of his or her spouse's active duty status; (3) Is at least: (A) Twenty-one (21) years of age; or (B) Eighteen (18) years of age and is: (i) Currently a federally recognized commissioned or noncommissioned officer or an enlisted member on active duty in the United States Armed Forces; (ii) In the National Guard or a reserve component of the United States Armed Forces; or (iii) A former member of the United States Armed Forces who has been honorably discharged; (4) Does not suffer from a mental or physical infirmity that prevents the safe handling of a handgun and has not threatened or attempted suicide; (5) Has not been convicted of a felony in a court of this state, of any other state, or of the United States unless: (A) The applicant is subsequently granted a pardon by the Governor or the President of the United States explicitly restoring his or her ability to possess a firearm; (B) The applicant was sentenced prior to March 13, 1995, and the record of conviction has been sealed or expunged under Arkansas law; or (C) The applicant's offense was dismissed and sealed or expunged under § 16-93-301 et seq. or § 16-98-303(g) ; (6) (A) Is not subject to any federal, state, or local law that makes it unlawful to receive, possess, or transport any firearm, and has had his or her background check successfully completed through the Division of Arkansas State Police and the Federal Bureau of Investigation's National Instant Criminal Background Check System. (B) The director shall not consider a person's status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, § 2, in determining whether an applicant is eligible to be issued a license to carry a concealed handgun under this subchapter; (7) (A) Does not chronically or habitually abuse a controlled substance to the extent that his or her normal faculties are impaired. (B) It is presumed that an applicant chronically and habitually uses a controlled substance to the extent that his or her faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or has been found guilty of a crime under the provisions of the Uniform Controlled Substances Act, § 5-64-101 et seq., or a similar law of any other state or the United States relating to a controlled substance within the three-year period immediately preceding the date on which the application is submitted. (C) An applicant shall not be considered to chronically or habitually abuse a controlled substance based solely on the applicant's status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98; (8) (A) Does not chronically or habitually use an alcoholic beverage to the extent that his or her normal faculties are impaired. (B) It is presumed that an applicant chronically and habitually uses an alcoholic beverage to the extent that his or her normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under a law of this state or similar law of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted; (9) Desires a legal means to carry a concealed handgun to defend himself or herself; (10) Has not been adjudicated mentally incompetent; (11) (A) Has not been voluntarily or involuntarily committed to a mental health institution or mental health treatment facility. (B) An applicant who voluntarily sought mental health treatment at a mental health institution or mental health treatment facility may obtain a license under this subchapter if a circuit court grants his or her petition under § 5-73-327 ; (12) Is not a fugitive from justice or does not have an active warrant for his or her arrest; (13) Has satisfactorily completed a training course as prescribed and approved by the director; and (14) Signs a statement of allegiance to the United States Constitution and the Arkansas Constitution. Amended by Act 2023, No. 757,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 30,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 1038,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 917,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5739, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5738, eff. 7/1/2019. Amended by Act 2015, No. 649,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 105,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 989,§ 1, eff. 8/16/2013. Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 368, § 1; 1997, No. 1239, § 10; 1999, No. 51, § 1; 2003, No. 545, §§ 1, 5; 2007, No. 198, § 1; 2007, No. 664, § 3.

The Director of the Division of Arkansas State Police shall issue a license to carry a concealed handgun if the applicant:

(1) Is a citizen of the United States or a permanent legal resident;

(2) (A) Is a resident of the state and has been a resident continuously for ninety (90) days or longer immediately preceding the filing of the application. (B) However, subdivision (2)(A) of this section does not apply to any: (i) Active duty member of the United States Armed Forces who submits documentation of his or her active duty status; or (ii) Spouse of an active duty member of the United States Armed Forces who submits documentation of his or her spouse's active duty status;

(A) Is a resident of the state and has been a resident continuously for ninety (90) days or longer immediately preceding the filing of the application.

(B) However, subdivision (2)(A) of this section does not apply to any: (i) Active duty member of the United States Armed Forces who submits documentation of his or her active duty status; or (ii) Spouse of an active duty member of the United States Armed Forces who submits documentation of his or her spouse's active duty status;

(i) Active duty member of the United States Armed Forces who submits documentation of his or her active duty status; or

(ii) Spouse of an active duty member of the United States Armed Forces who submits documentation of his or her spouse's active duty status;

(3) Is at least: (A) Twenty-one (21) years of age; or (B) Eighteen (18) years of age and is: (i) Currently a federally recognized commissioned or noncommissioned officer or an enlisted member on active duty in the United States Armed Forces; (ii) In the National Guard or a reserve component of the United States Armed Forces; or (iii) A former member of the United States Armed Forces who has been honorably discharged;

(A) Twenty-one (21) years of age; or

(B) Eighteen (18) years of age and is: (i) Currently a federally recognized commissioned or noncommissioned officer or an enlisted member on active duty in the United States Armed Forces; (ii) In the National Guard or a reserve component of the United States Armed Forces; or (iii) A former member of the United States Armed Forces who has been honorably discharged;

(i) Currently a federally recognized commissioned or noncommissioned officer or an enlisted member on active duty in the United States Armed Forces;

(ii) In the National Guard or a reserve component of the United States Armed Forces; or

(iii) A former member of the United States Armed Forces who has been honorably discharged;

(4) Does not suffer from a mental or physical infirmity that prevents the safe handling of a handgun and has not threatened or attempted suicide;

(5) Has not been convicted of a felony in a court of this state, of any other state, or of the United States unless: (A) The applicant is subsequently granted a pardon by the Governor or the President of the United States explicitly restoring his or her ability to possess a firearm; (B) The applicant was sentenced prior to March 13, 1995, and the record of conviction has been sealed or expunged under Arkansas law; or (C) The applicant's offense was dismissed and sealed or expunged under § 16-93-301 et seq. or § 16-98-303(g) ;

(A) The applicant is subsequently granted a pardon by the Governor or the President of the United States explicitly restoring his or her ability to possess a firearm;

(B) The applicant was sentenced prior to March 13, 1995, and the record of conviction has been sealed or expunged under Arkansas law; or

(C) The applicant's offense was dismissed and sealed or expunged under § 16-93-301 et seq. or § 16-98-303(g) ;

(6) (A) Is not subject to any federal, state, or local law that makes it unlawful to receive, possess, or transport any firearm, and has had his or her background check successfully completed through the Division of Arkansas State Police and the Federal Bureau of Investigation's National Instant Criminal Background Check System. (B) The director shall not consider a person's status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, § 2, in determining whether an applicant is eligible to be issued a license to carry a concealed handgun under this subchapter;

(A) Is not subject to any federal, state, or local law that makes it unlawful to receive, possess, or transport any firearm, and has had his or her background check successfully completed through the Division of Arkansas State Police and the Federal Bureau of Investigation's National Instant Criminal Background Check System.

(B) The director shall not consider a person's status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, § 2, in determining whether an applicant is eligible to be issued a license to carry a concealed handgun under this subchapter;

(7) (A) Does not chronically or habitually abuse a controlled substance to the extent that his or her normal faculties are impaired. (B) It is presumed that an applicant chronically and habitually uses a controlled substance to the extent that his or her faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or has been found guilty of a crime under the provisions of the Uniform Controlled Substances Act, § 5-64-101 et seq., or a similar law of any other state or the United States relating to a controlled substance within the three-year period immediately preceding the date on which the application is submitted. (C) An applicant shall not be considered to chronically or habitually abuse a controlled substance based solely on the applicant's status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98;

(A) Does not chronically or habitually abuse a controlled substance to the extent that his or her normal faculties are impaired.

(B) It is presumed that an applicant chronically and habitually uses a controlled substance to the extent that his or her faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or has been found guilty of a crime under the provisions of the Uniform Controlled Substances Act, § 5-64-101 et seq., or a similar law of any other state or the United States relating to a controlled substance within the three-year period immediately preceding the date on which the application is submitted.

(C) An applicant shall not be considered to chronically or habitually abuse a controlled substance based solely on the applicant's status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98;

(8) (A) Does not chronically or habitually use an alcoholic beverage to the extent that his or her normal faculties are impaired. (B) It is presumed that an applicant chronically and habitually uses an alcoholic beverage to the extent that his or her normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under a law of this state or similar law of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted;

(A) Does not chronically or habitually use an alcoholic beverage to the extent that his or her normal faculties are impaired.

(B) It is presumed that an applicant chronically and habitually uses an alcoholic beverage to the extent that his or her normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under a law of this state or similar law of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted;

(9) Desires a legal means to carry a concealed handgun to defend himself or herself;

(10) Has not been adjudicated mentally incompetent;

(11) (A) Has not been voluntarily or involuntarily committed to a mental health institution or mental health treatment facility. (B) An applicant who voluntarily sought mental health treatment at a mental health institution or mental health treatment facility may obtain a license under this subchapter if a circuit court grants his or her petition under § 5-73-327 ;

(A) Has not been voluntarily or involuntarily committed to a mental health institution or mental health treatment facility.

(B) An applicant who voluntarily sought mental health treatment at a mental health institution or mental health treatment facility may obtain a license under this subchapter if a circuit court grants his or her petition under § 5-73-327 ;

(12) Is not a fugitive from justice or does not have an active warrant for his or her arrest;

(13) Has satisfactorily completed a training course as prescribed and approved by the director; and

(14) Signs a statement of allegiance to the United States Constitution and the Arkansas Constitution.

Amended by Act 2023, No. 757,§ 1, eff. 8/1/2023.

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

Amended by Act 2019, No. 1038,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 917,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5739, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5738, eff. 7/1/2019.

Amended by Act 2015, No. 649,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 105,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 989,§ 1, eff. 8/16/2013.

Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 368, § 1; 1997, No. 1239, § 10; 1999, No. 51, § 1; 2003, No. 545, §§ 1, 5; 2007, No. 198, § 1; 2007, No. 664, § 3.
Ark. Code Ann. § 5-55-401 — AR Code / Title 5 / Chapter 55 / Subchapter 4 / Section 5-55-401
Penalties
Status: in_force

(a) It is unlawful for any person to knowingly place the assessment of property under the name of another person in order to avoid the payment of a fee associated with the property. (b) A violation of this section is a Class B misdemeanor. Acts 2001, No. 1369, § 1.

(a) It is unlawful for any person to knowingly place the assessment of property under the name of another person in order to avoid the payment of a fee associated with the property.

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

Acts 2001, No. 1369, § 1.
Ark. Code Ann. § 5-37-306 — AR Code / Title 5 / Chapter 37 / Subchapter 3 / Section 5-37-306
Prosecutions
Status: in_force

(a) (1) A prosecution for a violation of this subchapter may be in the county of residence of the drawer or of the payee of the check, draft, or order, or in the county where the drawee bank is located. (2) However, in any case involving a child support payment processed by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, the prosecution for the violation may be in Pulaski County. (b) It is expressly intended in this section for the drawee, or for a third party holder in due course of a check, draft, or order, payment of which is refused by the drawee, to have the right to initiate and maintain the prosecution of a criminal charge against the maker of the check, draft, or order, whether or not the original payee consents to the action. (c) (1) In any prosecution under this subchapter, process shall be issued and served in the county or out of the county where the prosecution is pending and have the same binding force and effect as though the offense being prosecuted were a felony. (2) Any officer issuing and serving process in or out of the county where the prosecution is pending and any witness from within or without the county where the prosecution is pending shall be compensated in like manner as though the offense were a felony in grade. Acts 1959, No. 241, § 6; 1961, No. 500, § 2; 1981, No. 849, § 1; 1985, No. 254, § 2; A.S.A. 1947, § 67-724; Acts 1995, No. 1184, § 40.

(a) (1) A prosecution for a violation of this subchapter may be in the county of residence of the drawer or of the payee of the check, draft, or order, or in the county where the drawee bank is located. (2) However, in any case involving a child support payment processed by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, the prosecution for the violation may be in Pulaski County.

(1) A prosecution for a violation of this subchapter may be in the county of residence of the drawer or of the payee of the check, draft, or order, or in the county where the drawee bank is located.

(2) However, in any case involving a child support payment processed by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, the prosecution for the violation may be in Pulaski County.

(b) It is expressly intended in this section for the drawee, or for a third party holder in due course of a check, draft, or order, payment of which is refused by the drawee, to have the right to initiate and maintain the prosecution of a criminal charge against the maker of the check, draft, or order, whether or not the original payee consents to the action.

(c) (1) In any prosecution under this subchapter, process shall be issued and served in the county or out of the county where the prosecution is pending and have the same binding force and effect as though the offense being prosecuted were a felony. (2) Any officer issuing and serving process in or out of the county where the prosecution is pending and any witness from within or without the county where the prosecution is pending shall be compensated in like manner as though the offense were a felony in grade.

(1) In any prosecution under this subchapter, process shall be issued and served in the county or out of the county where the prosecution is pending and have the same binding force and effect as though the offense being prosecuted were a felony.

(2) Any officer issuing and serving process in or out of the county where the prosecution is pending and any witness from within or without the county where the prosecution is pending shall be compensated in like manner as though the offense were a felony in grade.

Acts 1959, No. 241, § 6; 1961, No. 500, § 2; 1981, No. 849, § 1; 1985, No. 254, § 2; A.S.A. 1947, § 67-724; Acts 1995, No. 1184, § 40.
Ark. Code Ann. § 5-27-222 — AR Code / Title 5 / Chapter 27 / Subchapter 2 / Section 5-27-222
Neglect of minor resulting in delinquency
Status: in_force

(a) It is unlawful for a parent or person standing in loco parentis to a minor to grossly neglect a parental duty to the minor if the gross neglect: (1) Proximately results in the delinquency of the minor; or (2) Fails to correct the delinquency of the minor. (b) Upon conviction, a person who violates this section is guilty of a violation and shall be punished by a fine not to exceed two hundred fifty dollars ($250). Acts 1963, No. 109, § 1; A.S.A. 1947, § 41-2471; Acts 2005, No. 1994, § 44; 2007, No. 827, § 34.

(a) It is unlawful for a parent or person standing in loco parentis to a minor to grossly neglect a parental duty to the minor if the gross neglect: (1) Proximately results in the delinquency of the minor; or (2) Fails to correct the delinquency of the minor.

(1) Proximately results in the delinquency of the minor; or

(2) Fails to correct the delinquency of the minor.

(b) Upon conviction, a person who violates this section is guilty of a violation and shall be punished by a fine not to exceed two hundred fifty dollars ($250).

Acts 1963, No. 109, § 1; A.S.A. 1947, § 41-2471; Acts 2005, No. 1994, § 44; 2007, No. 827, § 34.
Ark. Code Ann. § 5-64-1105 — AR Code / Title 5 / Chapter 64 / Subchapter 11 / Section 5-64-1105
Definitions
Status: in_force

As used in this subchapter: (1) "Ephedrine", "pseudoephedrine", and "phenylpropanolamine" means any product containing ephedrine, pseudoephedrine, or phenylpropanolamine or any of their salts, isomers, or salts of isomers, alone or in a mixture; (2) "Proof of age" and "proof of identity" mean: (A) A driver's license or identification card issued by the Department of Finance and Administration that contains a photograph of the person, the person's date of birth, and a functioning magnetic stripe or bar code; or (B) An identification card issued by the United States Department of Defense to active duty military personnel that contains a photograph of the person and the person's date of birth; (3) (A) "Retail distributor" means a grocery store, general merchandise store, drugstore, convenience store, or other related entity, the activities of which, as a distributor of ephedrine, pseudoephedrine, or phenylpropanolamine products, are limited exclusively to the sale for personal use of ephedrine, pseudoephedrine, or phenylpropanolamine products, both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales. (B) "Retail distributor" includes any person or entity that makes a direct sale or has knowledge of the direct sale. (C) "Retail distributor" does not include: (i) Any manager, supervisor, or owner not present and not otherwise aware of the direct sale; or (ii) The parent company of a grocery store, general merchandise store, drugstore, convenience store, or other related entity if the parent company is not involved in direct sales regulated by this subchapter; and (4) "Sale for personal use" means the sale in a single transaction to an individual customer for a legitimate medical use of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine in a quantity at or below that specified in § 5-64-1103 , and includes the sale of those products to an employer to be dispensed to employees from a first-aid kit or medicine chest. Amended by Act 2013, No. 176,§ 1, eff. 3/1/2013. Acts 2007, No. 827, § 71; 2011, No. 588, § 4.

As used in this subchapter:

(1) "Ephedrine", "pseudoephedrine", and "phenylpropanolamine" means any product containing ephedrine, pseudoephedrine, or phenylpropanolamine or any of their salts, isomers, or salts of isomers, alone or in a mixture;

(2) "Proof of age" and "proof of identity" mean: (A) A driver's license or identification card issued by the Department of Finance and Administration that contains a photograph of the person, the person's date of birth, and a functioning magnetic stripe or bar code; or (B) An identification card issued by the United States Department of Defense to active duty military personnel that contains a photograph of the person and the person's date of birth;

(A) A driver's license or identification card issued by the Department of Finance and Administration that contains a photograph of the person, the person's date of birth, and a functioning magnetic stripe or bar code; or

(B) An identification card issued by the United States Department of Defense to active duty military personnel that contains a photograph of the person and the person's date of birth;

(3) (A) "Retail distributor" means a grocery store, general merchandise store, drugstore, convenience store, or other related entity, the activities of which, as a distributor of ephedrine, pseudoephedrine, or phenylpropanolamine products, are limited exclusively to the sale for personal use of ephedrine, pseudoephedrine, or phenylpropanolamine products, both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales. (B) "Retail distributor" includes any person or entity that makes a direct sale or has knowledge of the direct sale. (C) "Retail distributor" does not include: (i) Any manager, supervisor, or owner not present and not otherwise aware of the direct sale; or (ii) The parent company of a grocery store, general merchandise store, drugstore, convenience store, or other related entity if the parent company is not involved in direct sales regulated by this subchapter; and

(A) "Retail distributor" means a grocery store, general merchandise store, drugstore, convenience store, or other related entity, the activities of which, as a distributor of ephedrine, pseudoephedrine, or phenylpropanolamine products, are limited exclusively to the sale for personal use of ephedrine, pseudoephedrine, or phenylpropanolamine products, both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales.

(B) "Retail distributor" includes any person or entity that makes a direct sale or has knowledge of the direct sale.

(C) "Retail distributor" does not include: (i) Any manager, supervisor, or owner not present and not otherwise aware of the direct sale; or (ii) The parent company of a grocery store, general merchandise store, drugstore, convenience store, or other related entity if the parent company is not involved in direct sales regulated by this subchapter; and

(i) Any manager, supervisor, or owner not present and not otherwise aware of the direct sale; or

(ii) The parent company of a grocery store, general merchandise store, drugstore, convenience store, or other related entity if the parent company is not involved in direct sales regulated by this subchapter; and

(4) "Sale for personal use" means the sale in a single transaction to an individual customer for a legitimate medical use of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine in a quantity at or below that specified in § 5-64-1103 , and includes the sale of those products to an employer to be dispensed to employees from a first-aid kit or medicine chest.

Amended by Act 2013, No. 176,§ 1, eff. 3/1/2013.

Acts 2007, No. 827, § 71; 2011, No. 588, § 4.
Ark. Code Ann. § 5-2-401 — AR Code / Title 5 / Chapter 2 / Subchapter 4 / Section 5-2-401
Criminal liability generally
Status: in_force

A person may commit an offense either by his or her own conduct or that of another person. Acts 1975, No. 280, § 301; A.S.A. 1947, § 41-301.

A person may commit an offense either by his or her own conduct or that of another person.

Acts 1975, No. 280, § 301; A.S.A. 1947, § 41-301.
Ark. Code Ann. § 5-68-501 — AR Code / Title 5 / Chapter 68 / Subchapter 5 / Section 5-68-501
Definitions
Status: in_force

As used in this subchapter: (1) "CD-ROM" means a compact disk that: (A) Has the capacity to store graphic, audio, video, and written material; and (B) May be used by a computer or other device to play or display material harmful to minors; (2) "Harmful to minors" means that quality of any description, exhibition, presentation, or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when the material or performance, taken as a whole, has the following characteristics: (A) The average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors; (B) The average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and (C) The material or performance lacks serious literary, scientific, medical, artistic, or political value for minors; (3) "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief that warrants further inspection or inquiry of both: (A) The character and content of any material described in this section that is reasonably susceptible to examination by the defendant; and (B) (i) The age of the minor. (ii) However, an honest mistake constitutes an excuse from liability under this section if the defendant made a reasonable bona fide attempt to ascertain the age of the minor; (4) "Magnetic disk memory" means a memory system that stores and retrieves binary data on a record-like metal or plastic disk coated with a magnetic material, including, but not limited to, a hard disk drive and a floppy diskette; (5) "Magnetic tape memory" means a memory system that stores and retrieves binary data on magnetic recording tape; (6) (A) "Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture, film, record, recording tape, CD-ROM disk, magnetic disk memory, magnetic tape memory, video tape, or other media. (B) However, "material" does not include a matter displayed, transmitted, retrieved, or stored on the Internet or other network for the electronic dissemination of information; (7) "Minor" means any person under eighteen (18) years of age; (8) "Nudity" means a: (A) Showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; (B) Showing of the female breast with less than a fully opaque covering of any portion of the female breast below the top of the nipple; or (C) Depiction of covered male genitals in a discernibly turgid state; (9) (A) "Performance" means any motion picture, film, video tape, played record, phonograph or tape, preview, trailer, play, show, skit, dance, or other exhibition performed or presented to or before an audience of one (1) or more, with or without consideration. (B) However, "performance" does not include a matter displayed, transmitted, retrieved, or stored on the Internet or other network for electronic dissemination of information; (10) "Person" means any individual, partnership, association, corporation, or other legal entity of any kind; (11) "Reasonable bona fide attempt" means an attempt to ascertain the true age of a minor by requiring production of a driver's license, marriage license, birth certificate, or other governmental or educational identification card or paper and not relying solely on an oral allegation or apparent age of the minor; (12) "Sadomasochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask, or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of a person so clothed; (13) "Sexual conduct" means an act of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or female breast; and (14) "Sexual excitement" means the condition of the human male or female genitals when in a state of sexual stimulation or arousal. Acts 1969, No. 133, § 1; A.S.A. 1947, § 41-3581; Acts 1999, No. 1263, § 1.

As used in this subchapter:

(1) "CD-ROM" means a compact disk that: (A) Has the capacity to store graphic, audio, video, and written material; and (B) May be used by a computer or other device to play or display material harmful to minors;

(A) Has the capacity to store graphic, audio, video, and written material; and

(B) May be used by a computer or other device to play or display material harmful to minors;

(2) "Harmful to minors" means that quality of any description, exhibition, presentation, or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when the material or performance, taken as a whole, has the following characteristics: (A) The average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors; (B) The average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and (C) The material or performance lacks serious literary, scientific, medical, artistic, or political value for minors;

(A) The average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors;

(B) The average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and

(C) The material or performance lacks serious literary, scientific, medical, artistic, or political value for minors;

(3) "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief that warrants further inspection or inquiry of both: (A) The character and content of any material described in this section that is reasonably susceptible to examination by the defendant; and (B) (i) The age of the minor. (ii) However, an honest mistake constitutes an excuse from liability under this section if the defendant made a reasonable bona fide attempt to ascertain the age of the minor;

(A) The character and content of any material described in this section that is reasonably susceptible to examination by the defendant; and

(B) (i) The age of the minor. (ii) However, an honest mistake constitutes an excuse from liability under this section if the defendant made a reasonable bona fide attempt to ascertain the age of the minor;

(i) The age of the minor.

(ii) However, an honest mistake constitutes an excuse from liability under this section if the defendant made a reasonable bona fide attempt to ascertain the age of the minor;

(4) "Magnetic disk memory" means a memory system that stores and retrieves binary data on a record-like metal or plastic disk coated with a magnetic material, including, but not limited to, a hard disk drive and a floppy diskette;

(5) "Magnetic tape memory" means a memory system that stores and retrieves binary data on magnetic recording tape;

(6) (A) "Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture, film, record, recording tape, CD-ROM disk, magnetic disk memory, magnetic tape memory, video tape, or other media. (B) However, "material" does not include a matter displayed, transmitted, retrieved, or stored on the Internet or other network for the electronic dissemination of information;

(A) "Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture, film, record, recording tape, CD-ROM disk, magnetic disk memory, magnetic tape memory, video tape, or other media.

(B) However, "material" does not include a matter displayed, transmitted, retrieved, or stored on the Internet or other network for the electronic dissemination of information;

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

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

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

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

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

(9) (A) "Performance" means any motion picture, film, video tape, played record, phonograph or tape, preview, trailer, play, show, skit, dance, or other exhibition performed or presented to or before an audience of one (1) or more, with or without consideration. (B) However, "performance" does not include a matter displayed, transmitted, retrieved, or stored on the Internet or other network for electronic dissemination of information;

(A) "Performance" means any motion picture, film, video tape, played record, phonograph or tape, preview, trailer, play, show, skit, dance, or other exhibition performed or presented to or before an audience of one (1) or more, with or without consideration.

(B) However, "performance" does not include a matter displayed, transmitted, retrieved, or stored on the Internet or other network for electronic dissemination of information;

(10) "Person" means any individual, partnership, association, corporation, or other legal entity of any kind;

(11) "Reasonable bona fide attempt" means an attempt to ascertain the true age of a minor by requiring production of a driver's license, marriage license, birth certificate, or other governmental or educational identification card or paper and not relying solely on an oral allegation or apparent age of the minor;

(12) "Sadomasochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask, or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of a person so clothed;

(13) "Sexual conduct" means an act of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or female breast; and

(14) "Sexual excitement" means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.

Acts 1969, No. 133, § 1; A.S.A. 1947, § 41-3581; Acts 1999, No. 1263, § 1.
Ark. Code Ann. § 5-36-125 — AR Code / Title 5 / Chapter 36 / Subchapter 1 / Section 5-36-125
Unlawful transfer of stolen property to a pawn shop or pawnbroker
Status: in_force

(a) A person commits the offense of unlawful transfer of stolen property to a pawn shop or pawnbroker if he or she sells, pawns, or otherwise transfers an ownership interest in stolen property of another person to a pawn shop or pawnbroker: (1) Knowing that the property was stolen; or (2) Having good reason to believe that the property was stolen. (b) Unlawful transfer of stolen property to a pawn shop or pawnbroker is a: (1) Class A misdemeanor; or (2) Class D felony for a second or subsequent offense within five (5) years of a prior offense. Added by Act 2013, No. 1290,§ 1, eff. 8/16/2013.

(a) A person commits the offense of unlawful transfer of stolen property to a pawn shop or pawnbroker if he or she sells, pawns, or otherwise transfers an ownership interest in stolen property of another person to a pawn shop or pawnbroker: (1) Knowing that the property was stolen; or (2) Having good reason to believe that the property was stolen.

(1) Knowing that the property was stolen; or

(2) Having good reason to believe that the property was stolen.

(b) Unlawful transfer of stolen property to a pawn shop or pawnbroker is a: (1) Class A misdemeanor; or (2) Class D felony for a second or subsequent offense within five (5) years of a prior offense.

(1) Class A misdemeanor; or

(2) Class D felony for a second or subsequent offense within five (5) years of a prior offense.

Added by Act 2013, No. 1290,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-71-208 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-208
Harassment
Status: in_force

(a) A person commits the offense of harassment if, with purpose to harass, annoy, or alarm another person, without good cause, he or she: (1) Strikes, shoves, kicks, or otherwise touches a person, subjects that person to offensive physical contact or attempts or threatens to do so; (2) In a public place, directs obscene language or makes an obscene gesture to or at another person in a manner likely to provoke a violent or disorderly response; (3) Follows a person in or about a public place; (4) In a public place repeatedly insults, taunts, or challenges another person in a manner likely to provoke a violent or disorderly response; (5) Engages in conduct or repeatedly commits an act that alarms or seriously annoys another person and that serves no legitimate purpose; or (6) Places a person under surveillance by remaining present outside that person's school, place of employment, vehicle, other place occupied by that person, or residence, other than the residence of the defendant, for no purpose other than to harass, alarm, or annoy. (b) Harassment is a Class A misdemeanor. (c) It is an affirmative defense to prosecution under this section if the actor is a law enforcement officer, licensed private investigator, attorney, process server, licensed bail bondsman, or a store detective acting within the reasonable scope of his or her duty while conducting surveillance on an official work assignment. (d) (1) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (2) This no contact order remains in effect during the pendency of any appeal of a conviction under this section. (3) The judicial officer or prosecuting attorney shall provide a copy of this no contact order to the victim and arresting agency without unnecessary delay. (e) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328 , or both. Amended by Act 2017, No. 472,§ 20, eff. 8/1/2017. Acts 1975, No. 280, § 2909; 1985, No. 711, § 1; A.S.A. 1947, § 41-2909; Acts 1993, No. 379, § 5; 1993, No. 388, § 5; 1995, No. 1302, § 3.

(a) A person commits the offense of harassment if, with purpose to harass, annoy, or alarm another person, without good cause, he or she: (1) Strikes, shoves, kicks, or otherwise touches a person, subjects that person to offensive physical contact or attempts or threatens to do so; (2) In a public place, directs obscene language or makes an obscene gesture to or at another person in a manner likely to provoke a violent or disorderly response; (3) Follows a person in or about a public place; (4) In a public place repeatedly insults, taunts, or challenges another person in a manner likely to provoke a violent or disorderly response; (5) Engages in conduct or repeatedly commits an act that alarms or seriously annoys another person and that serves no legitimate purpose; or (6) Places a person under surveillance by remaining present outside that person's school, place of employment, vehicle, other place occupied by that person, or residence, other than the residence of the defendant, for no purpose other than to harass, alarm, or annoy.

(1) Strikes, shoves, kicks, or otherwise touches a person, subjects that person to offensive physical contact or attempts or threatens to do so;

(2) In a public place, directs obscene language or makes an obscene gesture to or at another person in a manner likely to provoke a violent or disorderly response;

(3) Follows a person in or about a public place;

(4) In a public place repeatedly insults, taunts, or challenges another person in a manner likely to provoke a violent or disorderly response;

(5) Engages in conduct or repeatedly commits an act that alarms or seriously annoys another person and that serves no legitimate purpose; or

(6) Places a person under surveillance by remaining present outside that person's school, place of employment, vehicle, other place occupied by that person, or residence, other than the residence of the defendant, for no purpose other than to harass, alarm, or annoy.

(b) Harassment is a Class A misdemeanor.

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

(d) (1) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (2) This no contact order remains in effect during the pendency of any appeal of a conviction under this section. (3) The judicial officer or prosecuting attorney shall provide a copy of this no contact order to the victim and arresting agency without unnecessary delay.

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

(2) This no contact order remains in effect during the pendency of any appeal of a conviction under this section.

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

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

Amended by Act 2017, No. 472,§ 20, eff. 8/1/2017.

Acts 1975, No. 280, § 2909; 1985, No. 711, § 1; A.S.A. 1947, § 41-2909; Acts 1993, No. 379, § 5; 1993, No. 388, § 5; 1995, No. 1302, § 3.
Ark. Code Ann. § 5-37-406 — AR Code / Title 5 / Chapter 37 / Subchapter 4 / Section 5-37-406
Venue
Status: in_force

(a) An offense or violation of § 5-37-402 may be deemed to have been committed at either the place where the defendant manufactures, develops, or assembles a communication device or unlawful access device or assists another in doing so or the place where the communication device or unlawful access device is sold or delivered to a purchaser or recipient. (b) It is no defense to a violation of § 5-37-402 that some of the acts constituting the violation occurred outside of this state. Acts 2003, No. 1806, § 6.

(a) An offense or violation of § 5-37-402 may be deemed to have been committed at either the place where the defendant manufactures, develops, or assembles a communication device or unlawful access device or assists another in doing so or the place where the communication device or unlawful access device is sold or delivered to a purchaser or recipient.

(b) It is no defense to a violation of § 5-37-402 that some of the acts constituting the violation occurred outside of this state.

Acts 2003, No. 1806, § 6.
Ark. Code Ann. § 5-4-604 — AR Code / Title 5 / Chapter 4 / Subchapter 6 / Section 5-4-604
Aggravating circumstances
Status: in_force

An aggravating circumstance is limited to the following: (1) The capital murder was committed by a person imprisoned as a result of a felony conviction; (2) The capital murder was committed by a person unlawfully at liberty after being sentenced to imprisonment as a result of a felony conviction; (3) The person previously committed another felony, an element of which was the use or threat of violence to another person or the creation of a substantial risk of death or serious physical injury to another person; (4) The person in the commission of the capital murder knowingly created a great risk of death to a person other than the victim or caused the death of more than one (1) person in the same criminal episode; (5) The capital murder was committed for the purpose of avoiding or preventing an arrest or effecting an escape from custody; (6) The capital murder was committed for pecuniary gain; (7) The capital murder was committed for the purpose of disrupting or hindering the lawful exercise of any government or political function; (8) (A) The capital murder was committed in an especially cruel or depraved manner. (B) (i) For purposes of subdivision (8)(A) of this section, a capital murder is committed in an especially cruel manner when, as part of a course of conduct intended to inflict mental anguish, serious physical abuse, or torture upon the victim prior to the victim's death, mental anguish, serious physical abuse, or torture is inflicted. (ii) (a) "Mental anguish" means the victim's uncertainty as to his or her ultimate fate. (b) "Serious physical abuse" means physical abuse that creates a substantial risk of death or that causes protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ. (c) "Torture" means the infliction of extreme physical pain for a prolonged period of time prior to the victim's death. (C) For purposes of subdivision (8)(A) of this section, a capital murder is committed in an especially depraved manner when the person relishes the murder, evidencing debasement or perversion, or shows an indifference to the suffering of the victim and evidences a sense of pleasure in committing the murder; (9) The capital murder was committed by means of a destructive device, bomb, explosive, or similar device that the person planted, hid, or concealed in any place, area, dwelling, building, or structure, or mailed or delivered, or caused to be planted, hidden, concealed, mailed, or delivered, and the person knew that his or her act would create a great risk of death to human life; or (10) The capital murder was committed against a person whom the defendant knew or reasonably should have known was especially vulnerable to the attack because: (A) Of either a temporary or permanent severe physical or mental disability which would interfere with the victim's ability to flee or to defend himself or herself; or (B) The person was twelve (12) years of age or younger. Acts 1975, No. 280, § 1303; 1977, No. 474, § 12; 1985, No. 833, § 1; A.S.A. 1947, § 41-1303; Acts 1991, No. 683, §§ 3, 4; 1995, No. 1205, § 1; 1997, No. 946, § 1; 2001, No. 308, § 1.

An aggravating circumstance is limited to the following:

(1) The capital murder was committed by a person imprisoned as a result of a felony conviction;

(2) The capital murder was committed by a person unlawfully at liberty after being sentenced to imprisonment as a result of a felony conviction;

(3) The person previously committed another felony, an element of which was the use or threat of violence to another person or the creation of a substantial risk of death or serious physical injury to another person;

(4) The person in the commission of the capital murder knowingly created a great risk of death to a person other than the victim or caused the death of more than one (1) person in the same criminal episode;

(5) The capital murder was committed for the purpose of avoiding or preventing an arrest or effecting an escape from custody;

(6) The capital murder was committed for pecuniary gain;

(7) The capital murder was committed for the purpose of disrupting or hindering the lawful exercise of any government or political function;

(8) (A) The capital murder was committed in an especially cruel or depraved manner. (B) (i) For purposes of subdivision (8)(A) of this section, a capital murder is committed in an especially cruel manner when, as part of a course of conduct intended to inflict mental anguish, serious physical abuse, or torture upon the victim prior to the victim's death, mental anguish, serious physical abuse, or torture is inflicted. (ii) (a) "Mental anguish" means the victim's uncertainty as to his or her ultimate fate. (b) "Serious physical abuse" means physical abuse that creates a substantial risk of death or that causes protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ. (c) "Torture" means the infliction of extreme physical pain for a prolonged period of time prior to the victim's death. (C) For purposes of subdivision (8)(A) of this section, a capital murder is committed in an especially depraved manner when the person relishes the murder, evidencing debasement or perversion, or shows an indifference to the suffering of the victim and evidences a sense of pleasure in committing the murder;

(A) The capital murder was committed in an especially cruel or depraved manner.

(B) (i) For purposes of subdivision (8)(A) of this section, a capital murder is committed in an especially cruel manner when, as part of a course of conduct intended to inflict mental anguish, serious physical abuse, or torture upon the victim prior to the victim's death, mental anguish, serious physical abuse, or torture is inflicted. (ii) (a) "Mental anguish" means the victim's uncertainty as to his or her ultimate fate. (b) "Serious physical abuse" means physical abuse that creates a substantial risk of death or that causes protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ. (c) "Torture" means the infliction of extreme physical pain for a prolonged period of time prior to the victim's death.

(i) For purposes of subdivision (8)(A) of this section, a capital murder is committed in an especially cruel manner when, as part of a course of conduct intended to inflict mental anguish, serious physical abuse, or torture upon the victim prior to the victim's death, mental anguish, serious physical abuse, or torture is inflicted.

(ii) (a) "Mental anguish" means the victim's uncertainty as to his or her ultimate fate. (b) "Serious physical abuse" means physical abuse that creates a substantial risk of death or that causes protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ. (c) "Torture" means the infliction of extreme physical pain for a prolonged period of time prior to the victim's death.

(a) "Mental anguish" means the victim's uncertainty as to his or her ultimate fate.

(b) "Serious physical abuse" means physical abuse that creates a substantial risk of death or that causes protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ.

(c) "Torture" means the infliction of extreme physical pain for a prolonged period of time prior to the victim's death.

(C) For purposes of subdivision (8)(A) of this section, a capital murder is committed in an especially depraved manner when the person relishes the murder, evidencing debasement or perversion, or shows an indifference to the suffering of the victim and evidences a sense of pleasure in committing the murder;

(9) The capital murder was committed by means of a destructive device, bomb, explosive, or similar device that the person planted, hid, or concealed in any place, area, dwelling, building, or structure, or mailed or delivered, or caused to be planted, hidden, concealed, mailed, or delivered, and the person knew that his or her act would create a great risk of death to human life; or

(10) The capital murder was committed against a person whom the defendant knew or reasonably should have known was especially vulnerable to the attack because: (A) Of either a temporary or permanent severe physical or mental disability which would interfere with the victim's ability to flee or to defend himself or herself; or (B) The person was twelve (12) years of age or younger.

(A) Of either a temporary or permanent severe physical or mental disability which would interfere with the victim's ability to flee or to defend himself or herself; or

(B) The person was twelve (12) years of age or younger.

Acts 1975, No. 280, § 1303; 1977, No. 474, § 12; 1985, No. 833, § 1; A.S.A. 1947, § 41-1303; Acts 1991, No. 683, §§ 3, 4; 1995, No. 1205, § 1; 1997, No. 946, § 1; 2001, No. 308, § 1.
Ark. Code Ann. § 5-61-302 — AR Code / Title 5 / Chapter 61 / Subchapter 3 / Section 5-61-302
[See Note] Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) It is time for the United States Supreme Court to redress and correct the grave injustice and the crime against humanity which is being perpetuated by its decisions in Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey; (2) The United States Supreme Court committed a grave injustice and a crime against humanity in the Dred Scott decision by denying personhood to a class of human beings, African-Americans; (3) The United States Supreme Court also committed a grave injustice and a crime against humanity by upholding the "separate but equal" doctrine in Plessy v. Ferguson which withdrew legal protection from a class of human beings who were persons under the United States Constitution, African-Americans; (4) A crime against humanity occurs when a government withdraws legal protection from a class of human beings resulting in severe deprivation of their rights, up to and including death; (5) In Brown v. Board of Education, the United States Supreme Court corrected its own grave injustice and crime against humanity created in Plessy v. Ferguson by overruling and abolishing the fifty-eight-year-old "separate but equal" doctrine, thus giving equal legal rights to African-Americans; (6) Under the doctrine of stare decisis, the three (3) abortion cases mentioned in subdivision (a)(1) of this section meet the test for when a case should be overturned by the United States Supreme Court because of significant changes in facts or laws, including without limitation the following: (A) The cases have not been accepted by scholars, judges, and the American people, as witnessed to by the fact that these cases are still the most intensely controversial cases in American history and at the present time; (B) New scientific advances have demonstrated since 1973 that life begins at the moment of conception and the child in a woman's womb is a human being; (C) Scientific evidence and personal testimonies document the massive harm that abortion causes to women; (D) The laws in all fifty (50) states have now changed through "Safe Haven" laws to eliminate all burden of child care from women who do not want to care for a child; and (E) Public attitudes favoring adoption have created a culture of adoption in the United States with many families waiting long periods of time to adopt newborn infants; (7) Before the United States Supreme Court decision of Roe v. Wade, Arkansas had already enacted prohibitions on abortions under § 5-61-101 et seq., and authorized the refusal to perform, participate, consent, or submit to an abortion under § 20-16-601 ; (8) Arkansas Constitution, Amendment 68, states that the policy of Arkansas is to protect the life of every unborn child from conception until birth and that public funds shall not be used to pay for any abortion except to save the life of the mother; (9) Arkansas passed the Arkansas Human Heartbeat Protection Act, § 20-16-1301 et seq., in 2013 which shows the will of the Arkansas people to save the lives of unborn children; (10) Arkansas has continued to pass additional legislation in 2015 and 2017 that further shows the will of the Arkansas people to save the lives of unborn children; (11) (A) Since the decision of Roe v. Wade, approximately sixty million sixty-nine thousand nine hundred seventy-one (60,069,971) abortions have ended the lives of unborn children. (B) In 2015, six hundred thirty-eight thousand one hundred sixty-nine (638,169) legal induced abortions were reported to the Centers for Disease Control and Prevention from forty-nine (49) reporting areas in the United States. (C) The Department of Health reports that three thousand two hundred forty-nine (3,249) abortions took place in Arkansas during 2017, including abortions performed on out-of-state residents; and (12) The State of Arkansas urgently pleads with the United States Supreme Court to do the right thing, as it did in one of its greatest cases, Brown v. Board of Education, which overturned a fifty-eight-year-old precedent of the United States, and reverse, cancel, overturn, and annul Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey. (b) It is the intent of this subchapter to ensure that abortion in Arkansas is abolished and protect the lives of unborn children. Added by Act 2019, No. 180,§ 1. See section 2 ofAct 2019, No. 180 for effective date.

(a) The General Assembly finds that: (1) It is time for the United States Supreme Court to redress and correct the grave injustice and the crime against humanity which is being perpetuated by its decisions in Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey; (2) The United States Supreme Court committed a grave injustice and a crime against humanity in the Dred Scott decision by denying personhood to a class of human beings, African-Americans; (3) The United States Supreme Court also committed a grave injustice and a crime against humanity by upholding the "separate but equal" doctrine in Plessy v. Ferguson which withdrew legal protection from a class of human beings who were persons under the United States Constitution, African-Americans; (4) A crime against humanity occurs when a government withdraws legal protection from a class of human beings resulting in severe deprivation of their rights, up to and including death; (5) In Brown v. Board of Education, the United States Supreme Court corrected its own grave injustice and crime against humanity created in Plessy v. Ferguson by overruling and abolishing the fifty-eight-year-old "separate but equal" doctrine, thus giving equal legal rights to African-Americans; (6) Under the doctrine of stare decisis, the three (3) abortion cases mentioned in subdivision (a)(1) of this section meet the test for when a case should be overturned by the United States Supreme Court because of significant changes in facts or laws, including without limitation the following: (A) The cases have not been accepted by scholars, judges, and the American people, as witnessed to by the fact that these cases are still the most intensely controversial cases in American history and at the present time; (B) New scientific advances have demonstrated since 1973 that life begins at the moment of conception and the child in a woman's womb is a human being; (C) Scientific evidence and personal testimonies document the massive harm that abortion causes to women; (D) The laws in all fifty (50) states have now changed through "Safe Haven" laws to eliminate all burden of child care from women who do not want to care for a child; and (E) Public attitudes favoring adoption have created a culture of adoption in the United States with many families waiting long periods of time to adopt newborn infants; (7) Before the United States Supreme Court decision of Roe v. Wade, Arkansas had already enacted prohibitions on abortions under § 5-61-101 et seq., and authorized the refusal to perform, participate, consent, or submit to an abortion under § 20-16-601 ; (8) Arkansas Constitution, Amendment 68, states that the policy of Arkansas is to protect the life of every unborn child from conception until birth and that public funds shall not be used to pay for any abortion except to save the life of the mother; (9) Arkansas passed the Arkansas Human Heartbeat Protection Act, § 20-16-1301 et seq., in 2013 which shows the will of the Arkansas people to save the lives of unborn children; (10) Arkansas has continued to pass additional legislation in 2015 and 2017 that further shows the will of the Arkansas people to save the lives of unborn children; (11) (A) Since the decision of Roe v. Wade, approximately sixty million sixty-nine thousand nine hundred seventy-one (60,069,971) abortions have ended the lives of unborn children. (B) In 2015, six hundred thirty-eight thousand one hundred sixty-nine (638,169) legal induced abortions were reported to the Centers for Disease Control and Prevention from forty-nine (49) reporting areas in the United States. (C) The Department of Health reports that three thousand two hundred forty-nine (3,249) abortions took place in Arkansas during 2017, including abortions performed on out-of-state residents; and (12) The State of Arkansas urgently pleads with the United States Supreme Court to do the right thing, as it did in one of its greatest cases, Brown v. Board of Education, which overturned a fifty-eight-year-old precedent of the United States, and reverse, cancel, overturn, and annul Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey.

(1) It is time for the United States Supreme Court to redress and correct the grave injustice and the crime against humanity which is being perpetuated by its decisions in Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey;

(2) The United States Supreme Court committed a grave injustice and a crime against humanity in the Dred Scott decision by denying personhood to a class of human beings, African-Americans;

(3) The United States Supreme Court also committed a grave injustice and a crime against humanity by upholding the "separate but equal" doctrine in Plessy v. Ferguson which withdrew legal protection from a class of human beings who were persons under the United States Constitution, African-Americans;

(4) A crime against humanity occurs when a government withdraws legal protection from a class of human beings resulting in severe deprivation of their rights, up to and including death;

(5) In Brown v. Board of Education, the United States Supreme Court corrected its own grave injustice and crime against humanity created in Plessy v. Ferguson by overruling and abolishing the fifty-eight-year-old "separate but equal" doctrine, thus giving equal legal rights to African-Americans;

(6) Under the doctrine of stare decisis, the three (3) abortion cases mentioned in subdivision (a)(1) of this section meet the test for when a case should be overturned by the United States Supreme Court because of significant changes in facts or laws, including without limitation the following: (A) The cases have not been accepted by scholars, judges, and the American people, as witnessed to by the fact that these cases are still the most intensely controversial cases in American history and at the present time; (B) New scientific advances have demonstrated since 1973 that life begins at the moment of conception and the child in a woman's womb is a human being; (C) Scientific evidence and personal testimonies document the massive harm that abortion causes to women; (D) The laws in all fifty (50) states have now changed through "Safe Haven" laws to eliminate all burden of child care from women who do not want to care for a child; and (E) Public attitudes favoring adoption have created a culture of adoption in the United States with many families waiting long periods of time to adopt newborn infants;

(A) The cases have not been accepted by scholars, judges, and the American people, as witnessed to by the fact that these cases are still the most intensely controversial cases in American history and at the present time;

(B) New scientific advances have demonstrated since 1973 that life begins at the moment of conception and the child in a woman's womb is a human being;

(C) Scientific evidence and personal testimonies document the massive harm that abortion causes to women;

(D) The laws in all fifty (50) states have now changed through "Safe Haven" laws to eliminate all burden of child care from women who do not want to care for a child; and

(E) Public attitudes favoring adoption have created a culture of adoption in the United States with many families waiting long periods of time to adopt newborn infants;

(7) Before the United States Supreme Court decision of Roe v. Wade, Arkansas had already enacted prohibitions on abortions under § 5-61-101 et seq., and authorized the refusal to perform, participate, consent, or submit to an abortion under § 20-16-601 ;

(8) Arkansas Constitution, Amendment 68, states that the policy of Arkansas is to protect the life of every unborn child from conception until birth and that public funds shall not be used to pay for any abortion except to save the life of the mother;

(9) Arkansas passed the Arkansas Human Heartbeat Protection Act, § 20-16-1301 et seq., in 2013 which shows the will of the Arkansas people to save the lives of unborn children;

(10) Arkansas has continued to pass additional legislation in 2015 and 2017 that further shows the will of the Arkansas people to save the lives of unborn children;

(11) (A) Since the decision of Roe v. Wade, approximately sixty million sixty-nine thousand nine hundred seventy-one (60,069,971) abortions have ended the lives of unborn children. (B) In 2015, six hundred thirty-eight thousand one hundred sixty-nine (638,169) legal induced abortions were reported to the Centers for Disease Control and Prevention from forty-nine (49) reporting areas in the United States. (C) The Department of Health reports that three thousand two hundred forty-nine (3,249) abortions took place in Arkansas during 2017, including abortions performed on out-of-state residents; and

(A) Since the decision of Roe v. Wade, approximately sixty million sixty-nine thousand nine hundred seventy-one (60,069,971) abortions have ended the lives of unborn children.

(B) In 2015, six hundred thirty-eight thousand one hundred sixty-nine (638,169) legal induced abortions were reported to the Centers for Disease Control and Prevention from forty-nine (49) reporting areas in the United States.

(C) The Department of Health reports that three thousand two hundred forty-nine (3,249) abortions took place in Arkansas during 2017, including abortions performed on out-of-state residents; and

(12) The State of Arkansas urgently pleads with the United States Supreme Court to do the right thing, as it did in one of its greatest cases, Brown v. Board of Education, which overturned a fifty-eight-year-old precedent of the United States, and reverse, cancel, overturn, and annul Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey.

(b) It is the intent of this subchapter to ensure that abortion in Arkansas is abolished and protect the lives of unborn children.

Added by Act 2019, No. 180,§ 1. See section 2 ofAct 2019, No. 180 for effective date.
Ark. Code Ann. § 5-54-208 — AR Code / Title 5 / Chapter 54 / Subchapter 2 / Section 5-54-208
Exposing the public to toxic biological, chemical, or radioactive substances
Status: in_force

(a) A person commits the offense of exposing the public to toxic biological, chemical, or radioactive substances if the person knowingly delivers or causes the delivery of a biological, chemical, or radioactive substance to a governmental facility, school, business, hospital, office building, or similar facility open to the public with the purpose of causing bodily injury or evacuation of the facility. (b) Exposing the public to toxic biological, chemical, or radioactive substances is a Class Y felony. Acts 2003, No. 1342, § 3.

(a) A person commits the offense of exposing the public to toxic biological, chemical, or radioactive substances if the person knowingly delivers or causes the delivery of a biological, chemical, or radioactive substance to a governmental facility, school, business, hospital, office building, or similar facility open to the public with the purpose of causing bodily injury or evacuation of the facility.

(b) Exposing the public to toxic biological, chemical, or radioactive substances is a Class Y felony.

Acts 2003, No. 1342, § 3.
Ark. Code Ann. § 5-55-112 — AR Code / Title 5 / Chapter 55 / Subchapter 1 / Section 5-55-112
[Repealed]
Status: repealed

Repealed by Act 2017, No. 978,§ 7, eff. 8/1/2017. Acts 1993, No. 1291, § 6; 2005, No. 164, § 1.

Repealed by Act 2017, No. 978,§ 7, eff. 8/1/2017.

Acts 1993, No. 1291, § 6; 2005, No. 164, § 1.
Ark. Code Ann. § 5-13-210 — AR Code / Title 5 / Chapter 13 / Subchapter 2 / Section 5-13-210
Introduction of controlled substance into body of another person
Status: in_force

(a) It is unlawful for any person to inject any controlled substance as defined by the Uniform Controlled Substances Act, § 5-64-101 et seq., into the human body of another person, unless the controlled substance has been ordered for the person receiving the controlled substance by a licensed practitioner, licensed by the state to prescribe controlled substances in the schedule involved and this being for a legitimate medical purpose. (b) It is unlawful for any person to administer or cause to be ingested, inhaled, or otherwise introduced into the human body of another person a controlled substance as defined by the Uniform Controlled Substances Act, § 5-64-101 et seq., unless the controlled substance has been ordered for the person receiving the controlled substance by a licensed practitioner, licensed by the state to prescribe controlled substances in the schedule involved and this being for a legitimate medical purpose. (c) Any person who violates this section with respect to: (1) A controlled substance in Schedule I or Schedule II, which is a narcotic drug, is guilty of a Class Y felony; (2) Any other controlled substance in Schedule I, Schedule II, or Schedule III is guilty of a Class B felony; or (3) Any other controlled substance in Schedule IV, Schedule V, or Schedule VI is guilty of a Class C felony. (d) The provisions of this section and any criminal penalty provided for in this section are in addition to any other criminal penalty a person may be subjected to under a provision of the Arkansas Criminal Code or the Uniform Controlled Substances Act, § 5-64-101 et seq. (e) It is not a defense under a provision of this section that a person: (1) Consented to being injected with the controlled substance; or (2) Ingested, inhaled, or otherwise introduced the controlled substance into his or her human body knowingly and voluntarily. (f) Notwithstanding a provision of subsection (c) of this section, any person is guilty of a Class Y felony who violates this section by introducing a controlled substance into the body of another person without that other person's knowledge or consent with the purpose of: (1) Committing any felony sexual offense, as defined in Arkansas law; (2) Engaging in any unlawful sexual act, as defined in § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 ; (3) Engaging in any unlawful sexual contact, as defined in § 5-14-101 ; or (4) Engaging in any act involving a child engaging in sexually explicit conduct, as defined in § 5-27-302 . Amended by Act 2023, No. 619,§ 3, eff. 8/1/2023. Acts 1987, No. 848, §§ 1-3; 1999, No. 516, § 1.

(a) It is unlawful for any person to inject any controlled substance as defined by the Uniform Controlled Substances Act, § 5-64-101 et seq., into the human body of another person, unless the controlled substance has been ordered for the person receiving the controlled substance by a licensed practitioner, licensed by the state to prescribe controlled substances in the schedule involved and this being for a legitimate medical purpose.

(b) It is unlawful for any person to administer or cause to be ingested, inhaled, or otherwise introduced into the human body of another person a controlled substance as defined by the Uniform Controlled Substances Act, § 5-64-101 et seq., unless the controlled substance has been ordered for the person receiving the controlled substance by a licensed practitioner, licensed by the state to prescribe controlled substances in the schedule involved and this being for a legitimate medical purpose.

(c) Any person who violates this section with respect to: (1) A controlled substance in Schedule I or Schedule II, which is a narcotic drug, is guilty of a Class Y felony; (2) Any other controlled substance in Schedule I, Schedule II, or Schedule III is guilty of a Class B felony; or (3) Any other controlled substance in Schedule IV, Schedule V, or Schedule VI is guilty of a Class C felony.

(1) A controlled substance in Schedule I or Schedule II, which is a narcotic drug, is guilty of a Class Y felony;

(2) Any other controlled substance in Schedule I, Schedule II, or Schedule III is guilty of a Class B felony; or

(3) Any other controlled substance in Schedule IV, Schedule V, or Schedule VI is guilty of a Class C felony.

(d) The provisions of this section and any criminal penalty provided for in this section are in addition to any other criminal penalty a person may be subjected to under a provision of the Arkansas Criminal Code or the Uniform Controlled Substances Act, § 5-64-101 et seq.

(e) It is not a defense under a provision of this section that a person: (1) Consented to being injected with the controlled substance; or (2) Ingested, inhaled, or otherwise introduced the controlled substance into his or her human body knowingly and voluntarily.

(1) Consented to being injected with the controlled substance; or

(2) Ingested, inhaled, or otherwise introduced the controlled substance into his or her human body knowingly and voluntarily.

(f) Notwithstanding a provision of subsection (c) of this section, any person is guilty of a Class Y felony who violates this section by introducing a controlled substance into the body of another person without that other person's knowledge or consent with the purpose of: (1) Committing any felony sexual offense, as defined in Arkansas law; (2) Engaging in any unlawful sexual act, as defined in § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 ; (3) Engaging in any unlawful sexual contact, as defined in § 5-14-101 ; or (4) Engaging in any act involving a child engaging in sexually explicit conduct, as defined in § 5-27-302 .

(1) Committing any felony sexual offense, as defined in Arkansas law;

(2) Engaging in any unlawful sexual act, as defined in § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 ;

(3) Engaging in any unlawful sexual contact, as defined in § 5-14-101 ; or

(4) Engaging in any act involving a child engaging in sexually explicit conduct, as defined in § 5-27-302 .

Amended by Act 2023, No. 619,§ 3, eff. 8/1/2023.

Acts 1987, No. 848, §§ 1-3; 1999, No. 516, § 1.
Ark. Code Ann. § 5-60-123 — AR Code / Title 5 / Chapter 60 / Subchapter 1 / Section 5-60-123
Obstruction or interference with emergency medical personnel or first responder
Status: in_force

(a) As used in this section: (1) "Emergency medical services personnel" includes without limitation a governmental, private, or volunteer: (A) Emergency medical services personnel; (B) Rescue technician; or (C) Emergency medical care provider; and (2) "First responder" means a firefighter or a law enforcement officer. (b) A person who knowingly obstructs or interferes with emergency medical services personnel or a first responder in the performance of the emergency medical services personnel's or first responder's rescue mission upon conviction is guilty of: (1) A Class A misdemeanor if the person uses or threatens to use physical force; or (2) A Class C misdemeanor if otherwise committed. (c) A person who purposely obstructs or interferes with emergency medical services personnel or a first responder in the performance of the emergency medical services personnel's or first responder's rescue mission upon conviction is guilty of a Class D felony. Amended by Act 2017, No. 952,§ 1, eff. 8/1/2017. Acts 2005, No. 1683, § 1; 2009, No. 689, § 2.

(a) As used in this section: (1) "Emergency medical services personnel" includes without limitation a governmental, private, or volunteer: (A) Emergency medical services personnel; (B) Rescue technician; or (C) Emergency medical care provider; and (2) "First responder" means a firefighter or a law enforcement officer.

(1) "Emergency medical services personnel" includes without limitation a governmental, private, or volunteer: (A) Emergency medical services personnel; (B) Rescue technician; or (C) Emergency medical care provider; and

(A) Emergency medical services personnel;

(B) Rescue technician; or

(C) Emergency medical care provider; and

(2) "First responder" means a firefighter or a law enforcement officer.

(b) A person who knowingly obstructs or interferes with emergency medical services personnel or a first responder in the performance of the emergency medical services personnel's or first responder's rescue mission upon conviction is guilty of: (1) A Class A misdemeanor if the person uses or threatens to use physical force; or (2) A Class C misdemeanor if otherwise committed.

(1) A Class A misdemeanor if the person uses or threatens to use physical force; or

(2) A Class C misdemeanor if otherwise committed.

(c) A person who purposely obstructs or interferes with emergency medical services personnel or a first responder in the performance of the emergency medical services personnel's or first responder's rescue mission upon conviction is guilty of a Class D felony.

Amended by Act 2017, No. 952,§ 1, eff. 8/1/2017.

Acts 2005, No. 1683, § 1; 2009, No. 689, § 2.
Ark. Code Ann. § 5-55-113 — AR Code / Title 5 / Chapter 55 / Subchapter 1 / Section 5-55-113
Reward for information
Status: in_force

(a) The court may pay a person such sums, not exceeding ten percent (10%) of the aggregate penalty recovered under this section, as the court may deem just, for information the person may have provided that led to detecting and bringing to trial and punishment a person guilty of violating the Medicaid fraud laws. (b) (1) Upon the disposition of any criminal action relating to a violation of this subchapter in which a penalty is recovered, the Attorney General may petition the court on behalf of a person who may have provided information that led to detecting and bringing to trial and punishment a person guilty of Medicaid fraud to award the person in an amount commensurate with the quality and usefulness of the information determined by the court to have been provided, in accordance with the requirements of this subchapter. (2) If the Attorney General elects not to petition the court on behalf of the person, the person may petition the court on his or her own behalf. (c) Neither the state nor any defendant within the action is liable for expenses that a person incurs in bringing an action under this section. (d) An employee or fiscal agents charged with the duty of referring or investigating a case of Medicaid fraud who are employed by or contract with any governmental entity are not eligible to receive a reward under this section. (e) (1) The Attorney General may agree to a payment of up to ten percent (10%) of the civil penalty as a reward in any settlement agreement under this section. (2) A portion of restitution shall not be used as a reward. Amended by Act 2019, No. 916,§ 9, eff. 7/24/2019. Acts 1993, No. 1300, § 1; 2011, No. 1154, § 2.

(a) The court may pay a person such sums, not exceeding ten percent (10%) of the aggregate penalty recovered under this section, as the court may deem just, for information the person may have provided that led to detecting and bringing to trial and punishment a person guilty of violating the Medicaid fraud laws.

(b) (1) Upon the disposition of any criminal action relating to a violation of this subchapter in which a penalty is recovered, the Attorney General may petition the court on behalf of a person who may have provided information that led to detecting and bringing to trial and punishment a person guilty of Medicaid fraud to award the person in an amount commensurate with the quality and usefulness of the information determined by the court to have been provided, in accordance with the requirements of this subchapter. (2) If the Attorney General elects not to petition the court on behalf of the person, the person may petition the court on his or her own behalf.

(1) Upon the disposition of any criminal action relating to a violation of this subchapter in which a penalty is recovered, the Attorney General may petition the court on behalf of a person who may have provided information that led to detecting and bringing to trial and punishment a person guilty of Medicaid fraud to award the person in an amount commensurate with the quality and usefulness of the information determined by the court to have been provided, in accordance with the requirements of this subchapter.

(2) If the Attorney General elects not to petition the court on behalf of the person, the person may petition the court on his or her own behalf.

(c) Neither the state nor any defendant within the action is liable for expenses that a person incurs in bringing an action under this section.

(d) An employee or fiscal agents charged with the duty of referring or investigating a case of Medicaid fraud who are employed by or contract with any governmental entity are not eligible to receive a reward under this section.

(e) (1) The Attorney General may agree to a payment of up to ten percent (10%) of the civil penalty as a reward in any settlement agreement under this section. (2) A portion of restitution shall not be used as a reward.

(1) The Attorney General may agree to a payment of up to ten percent (10%) of the civil penalty as a reward in any settlement agreement under this section.

(2) A portion of restitution shall not be used as a reward.

Amended by Act 2019, No. 916,§ 9, eff. 7/24/2019.

Acts 1993, No. 1300, § 1; 2011, No. 1154, § 2.
Ark. Code Ann. § 5-3-203 — AR Code / Title 5 / Chapter 3 / Subchapter 2 / Section 5-3-203
Classification
Status: in_force

A criminal attempt is a: (1) Class Y felony if the offense attempted is capital murder; (2) Class A felony if the offense attempted is treason or a Class Y felony other than capital murder; (3) Class B felony if the offense attempted is a Class A felony; (4) Class C felony if the offense attempted is a Class B felony; (5) Class D felony if the offense attempted is a Class C felony; (6) Class A misdemeanor if the offense attempted is a Class D felony or an unclassified felony; (7) Class B misdemeanor if the offense attempted is a Class A misdemeanor; (8) Class C misdemeanor if the offense attempted is a Class B misdemeanor; or (9) Violation if the offense attempted is a Class C misdemeanor or an unclassified misdemeanor. Acts 1975, No. 280, § 703; 1981, No. 620, § 3; A.S.A. 1947, § 41-703; Acts 2005, No. 1888, § 1.

A criminal attempt is a:

(1) Class Y felony if the offense attempted is capital murder;

(2) Class A felony if the offense attempted is treason or a Class Y felony other than capital murder;

(3) Class B felony if the offense attempted is a Class A felony;

(4) Class C felony if the offense attempted is a Class B felony;

(5) Class D felony if the offense attempted is a Class C felony;

(6) Class A misdemeanor if the offense attempted is a Class D felony or an unclassified felony;

(7) Class B misdemeanor if the offense attempted is a Class A misdemeanor;

(8) Class C misdemeanor if the offense attempted is a Class B misdemeanor; or

(9) Violation if the offense attempted is a Class C misdemeanor or an unclassified misdemeanor.

Acts 1975, No. 280, § 703; 1981, No. 620, § 3; A.S.A. 1947, § 41-703; Acts 2005, No. 1888, § 1.