Ark. Code Ann. § 5-5-204 — AR Code / Title 5 / Chapter 5 / Subchapter 2 / Section 5-5-204
Use or sale of conveyances - Disposition of sale proceeds
Status: in_force

(a) (1) (A) Upon conviction and a hearing, when the circuit court having jurisdiction over the conveyance seized finds by a preponderance of the evidence that a ground for a forfeiture exists under this subchapter, the circuit court may enter an order to sell the conveyance. (B) After allowance for reasonable expenses of seizure and maintenance of custody of the conveyance, the proceeds from a sale under subdivision (a)(1)(A) of this section shall be used to satisfy any outstanding restitution under § 5-4-205 owed to a victim of an offense for which the conveyance was used, if the victim files a petition with the circuit court or makes a request to the circuit court within thirty (30) days of the filing of the sentencing order of the convicted defendant. (2) If there is not a victim of an offense owed restitution under § 5-4-205 , the circuit court shall enter an order to: (A) Permit the law enforcement agency or the prosecuting attorney for the judicial district in which the conveyance was seized to retain the conveyance for official use; or (B) (i) Permit the law enforcement agency to sell the conveyance at a public or private sale. (ii) In the event of a sale, the circuit court shall provide by order that the proceeds be used for payment of any proper expense of the proceeding for forfeiture and sale, including expenses of: (a) Investigation; (b) Seizure; (c) Maintenance of custody; (d) Advertising; and (e) Court costs. (b) Any proceeds from the sale of a forfeited conveyance under subdivision (a)(2)(B) of this section, or if there was a victim of an offense owed restitution under § 5-4-205 , the proceeds remaining after the satisfaction of the victim's restitution under § 5-4-205 in excess of a proper expense shall be distributed as follows: (1) Forty percent (40%) to be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund; (2) (A) Forty percent (40%) to the law enforcement agency that perfected the arrest. (B) However, if a federal agency perfected the arrest, the forty percent (40%) under subdivision (b)(2)(A) of this section shall be distributed to the county sheriff's office of the county responsible for the prosecution; and (3) Twenty percent (20%) to the county sheriff's office of the county responsible for the prosecution. Amended by Act 2023, No. 659,§ 24, eff. 1/1/2024. Amended by Act 2013, No. 1125,§ 4, eff. 8/16/2013. Acts 1985, No. 238, § 4; A.S.A. 1947, § 41-1406; Acts 2011, No. 866, § 1.

(a) (1) (A) Upon conviction and a hearing, when the circuit court having jurisdiction over the conveyance seized finds by a preponderance of the evidence that a ground for a forfeiture exists under this subchapter, the circuit court may enter an order to sell the conveyance. (B) After allowance for reasonable expenses of seizure and maintenance of custody of the conveyance, the proceeds from a sale under subdivision (a)(1)(A) of this section shall be used to satisfy any outstanding restitution under § 5-4-205 owed to a victim of an offense for which the conveyance was used, if the victim files a petition with the circuit court or makes a request to the circuit court within thirty (30) days of the filing of the sentencing order of the convicted defendant. (2) If there is not a victim of an offense owed restitution under § 5-4-205 , the circuit court shall enter an order to: (A) Permit the law enforcement agency or the prosecuting attorney for the judicial district in which the conveyance was seized to retain the conveyance for official use; or (B) (i) Permit the law enforcement agency to sell the conveyance at a public or private sale. (ii) In the event of a sale, the circuit court shall provide by order that the proceeds be used for payment of any proper expense of the proceeding for forfeiture and sale, including expenses of: (a) Investigation; (b) Seizure; (c) Maintenance of custody; (d) Advertising; and (e) Court costs.

(1) (A) Upon conviction and a hearing, when the circuit court having jurisdiction over the conveyance seized finds by a preponderance of the evidence that a ground for a forfeiture exists under this subchapter, the circuit court may enter an order to sell the conveyance. (B) After allowance for reasonable expenses of seizure and maintenance of custody of the conveyance, the proceeds from a sale under subdivision (a)(1)(A) of this section shall be used to satisfy any outstanding restitution under § 5-4-205 owed to a victim of an offense for which the conveyance was used, if the victim files a petition with the circuit court or makes a request to the circuit court within thirty (30) days of the filing of the sentencing order of the convicted defendant.

(A) Upon conviction and a hearing, when the circuit court having jurisdiction over the conveyance seized finds by a preponderance of the evidence that a ground for a forfeiture exists under this subchapter, the circuit court may enter an order to sell the conveyance.

(B) After allowance for reasonable expenses of seizure and maintenance of custody of the conveyance, the proceeds from a sale under subdivision (a)(1)(A) of this section shall be used to satisfy any outstanding restitution under § 5-4-205 owed to a victim of an offense for which the conveyance was used, if the victim files a petition with the circuit court or makes a request to the circuit court within thirty (30) days of the filing of the sentencing order of the convicted defendant.

(2) If there is not a victim of an offense owed restitution under § 5-4-205 , the circuit court shall enter an order to: (A) Permit the law enforcement agency or the prosecuting attorney for the judicial district in which the conveyance was seized to retain the conveyance for official use; or (B) (i) Permit the law enforcement agency to sell the conveyance at a public or private sale. (ii) In the event of a sale, the circuit court shall provide by order that the proceeds be used for payment of any proper expense of the proceeding for forfeiture and sale, including expenses of: (a) Investigation; (b) Seizure; (c) Maintenance of custody; (d) Advertising; and (e) Court costs.

(A) Permit the law enforcement agency or the prosecuting attorney for the judicial district in which the conveyance was seized to retain the conveyance for official use; or

(B) (i) Permit the law enforcement agency to sell the conveyance at a public or private sale. (ii) In the event of a sale, the circuit court shall provide by order that the proceeds be used for payment of any proper expense of the proceeding for forfeiture and sale, including expenses of: (a) Investigation; (b) Seizure; (c) Maintenance of custody; (d) Advertising; and (e) Court costs.

(i) Permit the law enforcement agency to sell the conveyance at a public or private sale.

(ii) In the event of a sale, the circuit court shall provide by order that the proceeds be used for payment of any proper expense of the proceeding for forfeiture and sale, including expenses of: (a) Investigation; (b) Seizure; (c) Maintenance of custody; (d) Advertising; and (e) Court costs.

(a) Investigation;

(b) Seizure;

(c) Maintenance of custody;

(d) Advertising; and

(e) Court costs.

(b) Any proceeds from the sale of a forfeited conveyance under subdivision (a)(2)(B) of this section, or if there was a victim of an offense owed restitution under § 5-4-205 , the proceeds remaining after the satisfaction of the victim's restitution under § 5-4-205 in excess of a proper expense shall be distributed as follows: (1) Forty percent (40%) to be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund; (2) (A) Forty percent (40%) to the law enforcement agency that perfected the arrest. (B) However, if a federal agency perfected the arrest, the forty percent (40%) under subdivision (b)(2)(A) of this section shall be distributed to the county sheriff's office of the county responsible for the prosecution; and (3) Twenty percent (20%) to the county sheriff's office of the county responsible for the prosecution.

(1) Forty percent (40%) to be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund;

(2) (A) Forty percent (40%) to the law enforcement agency that perfected the arrest. (B) However, if a federal agency perfected the arrest, the forty percent (40%) under subdivision (b)(2)(A) of this section shall be distributed to the county sheriff's office of the county responsible for the prosecution; and

(A) Forty percent (40%) to the law enforcement agency that perfected the arrest.

(B) However, if a federal agency perfected the arrest, the forty percent (40%) under subdivision (b)(2)(A) of this section shall be distributed to the county sheriff's office of the county responsible for the prosecution; and

(3) Twenty percent (20%) to the county sheriff's office of the county responsible for the prosecution.

Amended by Act 2023, No. 659,§ 24, eff. 1/1/2024.

Amended by Act 2013, No. 1125,§ 4, eff. 8/16/2013.

Acts 1985, No. 238, § 4; A.S.A. 1947, § 41-1406; Acts 2011, No. 866, § 1.
Ark. Code Ann. § 5-63-204 — AR Code / Title 5 / Chapter 63 / Subchapter 2 / Section 5-63-204
Automated telephone solicitation
Status: in_force

(a) (1) It is unlawful for any person to use a telephone for the purpose of offering any goods or services for sale, or for conveying information regarding any goods or services for the purpose of soliciting the sale or purchase of the goods or services when the use involves an automated system for the selection and dialing of telephone numbers and the playing of recorded messages when a message is completed to the called number. (2) However, nothing in this section prohibits the use of: (A) A telephone involving an automated system for the selection and dialing of telephone numbers and the play of recorded messages to: (i) Inform the purchaser of the goods or services concerning receipt and availability of the goods or services for delivery to the purchaser; or (ii) Convey information concerning any delay or pertinent information about the current status of any purchase order previously made; or (B) An automated telephone system with a recorded message when the call is made or message given solely in response to a call initiated by the person to which the automatic call or recorded message is directed. (b) A person who violates this section upon conviction is guilty of a Class D felony. (c) (1) The Attorney General, a prosecuting attorney, any law enforcement officer, or any telephone company serving an area from which automated telephone calls are made may seek injunctive relief to enforce the provision of this section. (2) If a civil action is filed pursuant to this section, the prevailing party is entitled to a reasonable attorney's fee and court costs. Amended by Act 2019, No. 677,§ 7, eff. 7/24/2019. Amended by Act 2019, No. 677,§ 6, eff. 7/24/2019. Acts 1981, No. 947, §§ 1-3; A.S.A. 1947, §§ 41-4162 -- 41-4164.

(a) (1) It is unlawful for any person to use a telephone for the purpose of offering any goods or services for sale, or for conveying information regarding any goods or services for the purpose of soliciting the sale or purchase of the goods or services when the use involves an automated system for the selection and dialing of telephone numbers and the playing of recorded messages when a message is completed to the called number. (2) However, nothing in this section prohibits the use of: (A) A telephone involving an automated system for the selection and dialing of telephone numbers and the play of recorded messages to: (i) Inform the purchaser of the goods or services concerning receipt and availability of the goods or services for delivery to the purchaser; or (ii) Convey information concerning any delay or pertinent information about the current status of any purchase order previously made; or (B) An automated telephone system with a recorded message when the call is made or message given solely in response to a call initiated by the person to which the automatic call or recorded message is directed.

(1) It is unlawful for any person to use a telephone for the purpose of offering any goods or services for sale, or for conveying information regarding any goods or services for the purpose of soliciting the sale or purchase of the goods or services when the use involves an automated system for the selection and dialing of telephone numbers and the playing of recorded messages when a message is completed to the called number.

(2) However, nothing in this section prohibits the use of: (A) A telephone involving an automated system for the selection and dialing of telephone numbers and the play of recorded messages to: (i) Inform the purchaser of the goods or services concerning receipt and availability of the goods or services for delivery to the purchaser; or (ii) Convey information concerning any delay or pertinent information about the current status of any purchase order previously made; or (B) An automated telephone system with a recorded message when the call is made or message given solely in response to a call initiated by the person to which the automatic call or recorded message is directed.

(A) A telephone involving an automated system for the selection and dialing of telephone numbers and the play of recorded messages to: (i) Inform the purchaser of the goods or services concerning receipt and availability of the goods or services for delivery to the purchaser; or (ii) Convey information concerning any delay or pertinent information about the current status of any purchase order previously made; or

(i) Inform the purchaser of the goods or services concerning receipt and availability of the goods or services for delivery to the purchaser; or

(ii) Convey information concerning any delay or pertinent information about the current status of any purchase order previously made; or

(B) An automated telephone system with a recorded message when the call is made or message given solely in response to a call initiated by the person to which the automatic call or recorded message is directed.

(b) A person who violates this section upon conviction is guilty of a Class D felony.

(c) (1) The Attorney General, a prosecuting attorney, any law enforcement officer, or any telephone company serving an area from which automated telephone calls are made may seek injunctive relief to enforce the provision of this section. (2) If a civil action is filed pursuant to this section, the prevailing party is entitled to a reasonable attorney's fee and court costs.

(1) The Attorney General, a prosecuting attorney, any law enforcement officer, or any telephone company serving an area from which automated telephone calls are made may seek injunctive relief to enforce the provision of this section.

(2) If a civil action is filed pursuant to this section, the prevailing party is entitled to a reasonable attorney's fee and court costs.

Amended by Act 2019, No. 677,§ 7, eff. 7/24/2019.

Amended by Act 2019, No. 677,§ 6, eff. 7/24/2019.

Acts 1981, No. 947, §§ 1-3; A.S.A. 1947, §§ 41-4162 -- 41-4164.
Ark. Code Ann. § 5-64-404 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-404
Use of a communication device
Status: in_force

(a) (1) As used in this section, "communication device" means any public or private instrumentality used or useful in the transmission of a writing, sign, signal, picture, or sound of any kind. (2) "Communication device" includes mail, telephone, wire, radio, and any other means of communication. (b) A person commits the offense of unlawful use of a communication device if he or she knowingly uses any communication device in committing or in causing or facilitating the commission of any act constituting a: (1) Felony under this chapter; or (2) Felony inchoate offense under § 5-3-101 et seq. or this chapter. (c) Each separate use of a communication device is a separate offense under this section. (d) Any person who violates this section upon conviction is guilty of a Class C felony. Acts 1971, No. 590, Art. 4, § 4; A.S.A. 1947, § 82-2620; Acts 2005, No. 1994, § 305[A]; 2007, No. 827, § 61; 2011, No. 570, § 36 .

(a) (1) As used in this section, "communication device" means any public or private instrumentality used or useful in the transmission of a writing, sign, signal, picture, or sound of any kind. (2) "Communication device" includes mail, telephone, wire, radio, and any other means of communication.

(1) As used in this section, "communication device" means any public or private instrumentality used or useful in the transmission of a writing, sign, signal, picture, or sound of any kind.

(2) "Communication device" includes mail, telephone, wire, radio, and any other means of communication.

(b) A person commits the offense of unlawful use of a communication device if he or she knowingly uses any communication device in committing or in causing or facilitating the commission of any act constituting a: (1) Felony under this chapter; or (2) Felony inchoate offense under § 5-3-101 et seq. or this chapter.

(1) Felony under this chapter; or

(2) Felony inchoate offense under § 5-3-101 et seq. or this chapter.

(c) Each separate use of a communication device is a separate offense under this section.

(d) Any person who violates this section upon conviction is guilty of a Class C felony.

Acts 1971, No. 590, Art. 4, § 4; A.S.A. 1947, § 82-2620; Acts 2005, No. 1994, § 305[A]; 2007, No. 827, § 61; 2011, No. 570, § 36 .
Ark. Code Ann. § 5-27-220 — AR Code / Title 5 / Chapter 27 / Subchapter 2 / Section 5-27-220
Contributing to the delinquency of a juvenile
Status: in_force

(a) A person is guilty of a Class A misdemeanor if the person willfully causes, aids, or encourages any minor to do or perform any act which, if done or performed, would make the minor a delinquent juvenile or juvenile in need of supervision within the meaning of this section and the Arkansas Juvenile Code of 1989, § 9-27-301 et seq. (b) A judge may issue a bench warrant for the arrest of an adult in which there is probable cause to believe the adult is committing an offense under this section, returnable to either the district court or the circuit court of the county where the offense was committed. (c) Any indictment or information under this section shall state the specific act the defendant is alleged to have committed. (d) (1) Any person convicted of a violation of this section may be punished as provided for a Class A misdemeanor. (2) However, the court may suspend or postpone enforcement of any part of the sentence or fine levied under this section if in the judgment of the court the suspension or postponement is in the best interest of the minor that was caused, aided, or encouraged. Acts 1975, No. 451, § 45; A.S.A. 1947, § 45-445; Acts 2005, No. 1994, § 344.

(a) A person is guilty of a Class A misdemeanor if the person willfully causes, aids, or encourages any minor to do or perform any act which, if done or performed, would make the minor a delinquent juvenile or juvenile in need of supervision within the meaning of this section and the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

(b) A judge may issue a bench warrant for the arrest of an adult in which there is probable cause to believe the adult is committing an offense under this section, returnable to either the district court or the circuit court of the county where the offense was committed.

(c) Any indictment or information under this section shall state the specific act the defendant is alleged to have committed.

(d) (1) Any person convicted of a violation of this section may be punished as provided for a Class A misdemeanor. (2) However, the court may suspend or postpone enforcement of any part of the sentence or fine levied under this section if in the judgment of the court the suspension or postponement is in the best interest of the minor that was caused, aided, or encouraged.

(1) Any person convicted of a violation of this section may be punished as provided for a Class A misdemeanor.

(2) However, the court may suspend or postpone enforcement of any part of the sentence or fine levied under this section if in the judgment of the court the suspension or postponement is in the best interest of the minor that was caused, aided, or encouraged.

Acts 1975, No. 451, § 45; A.S.A. 1947, § 45-445; Acts 2005, No. 1994, § 344.
Ark. Code Ann. § 5-64-209 — AR Code / Title 5 / Chapter 64 / Subchapter 2 / Section 5-64-209
Criteria for Schedule IV
Status: in_force

The Secretary of the Department of Health shall place a substance in Schedule IV if he or she finds that: (1) The substance has a low potential for abuse relative to substances in Schedule III; (2) The substance has currently accepted medical use in treatment in the United States; and (3) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III. Amended by Act 2019, No. 910,§ 4836, eff. 7/1/2019. Acts 1971, No. 590, Art. 2, § 9; 1973, No. 186, § 1; 1979, No. 898, § 9; A.S.A. 1947, § 82-2610.

The Secretary of the Department of Health shall place a substance in Schedule IV if he or she finds that:

(1) The substance has a low potential for abuse relative to substances in Schedule III;

(2) The substance has currently accepted medical use in treatment in the United States; and

(3) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.

Amended by Act 2019, No. 910,§ 4836, eff. 7/1/2019.

Acts 1971, No. 590, Art. 2, § 9; 1973, No. 186, § 1; 1979, No. 898, § 9; A.S.A. 1947, § 82-2610.
Ark. Code Ann. § 5-37-501 — AR Code / Title 5 / Chapter 37 / Subchapter 5 / Section 5-37-501
Animals - Altering teeth or failing to disclose defects
Status: in_force

(a) It is declared to be unlawful for any person in any manner to change or alter or cause to be changed or altered the teeth of any mule, horse, or other livestock with an intention to deceive a person to whom the livestock is offered for sale. (b) Any person who with the intent to defraud or cheat another person designedly represents any livestock that he or she offers for sale to another person as being of a markedly superior quality or who fails to reveal a material physical defect of the animal when selling the animal to another person is guilty of a Class C misdemeanor. Acts 1937, No. 11, §§ 1-3; Pope's Dig., §§ 3082-3084; A.S.A. 1947, §§ 41-2351 -- 41-2353; Acts 2005, No. 1994, § 408.

(a) It is declared to be unlawful for any person in any manner to change or alter or cause to be changed or altered the teeth of any mule, horse, or other livestock with an intention to deceive a person to whom the livestock is offered for sale.

(b) Any person who with the intent to defraud or cheat another person designedly represents any livestock that he or she offers for sale to another person as being of a markedly superior quality or who fails to reveal a material physical defect of the animal when selling the animal to another person is guilty of a Class C misdemeanor.

Acts 1937, No. 11, §§ 1-3; Pope's Dig., §§ 3082-3084; A.S.A. 1947, §§ 41-2351 -- 41-2353; Acts 2005, No. 1994, § 408.
Ark. Code Ann. § 5-37-525 — AR Code / Title 5 / Chapter 37 / Subchapter 5 / Section 5-37-525
Defrauding a materialman
Status: in_force

(a) A person commits the offense of defrauding a materialman if, being the principal contractor or subcontractor, the person knowingly or wilfully with the purpose to defraud fails to pay any supplier or subcontractor for a material or good furnished to the project within thirty (30) days of final receipt of payment under the contract. (b) Defrauding a materialman is a: (1) Class D felony if the amount is equal to or greater than five thousand dollars ($5,000); or (2) Class A misdemeanor if otherwise committed. (c) This section does not apply to a principal contractor or subcontractor covered by § 22-9-101 et seq. (d) It is an affirmative defense to prosecution under this section that the contractor or subcontractor has given notice of a dispute in a term, condition, payment, or quality of good to the contracting consumer or to the supplier or subcontractor, or the contractor has in good faith sought relief in federal court under the bankruptcy laws of the United States, prior to the expiration of the thirty (30) days after receipt of payment under the contract. Acts 1989, No. 303, § 1; 1991, No. 52, § 1.

(a) A person commits the offense of defrauding a materialman if, being the principal contractor or subcontractor, the person knowingly or wilfully with the purpose to defraud fails to pay any supplier or subcontractor for a material or good furnished to the project within thirty (30) days of final receipt of payment under the contract.

(b) Defrauding a materialman is a: (1) Class D felony if the amount is equal to or greater than five thousand dollars ($5,000); or (2) Class A misdemeanor if otherwise committed.

(1) Class D felony if the amount is equal to or greater than five thousand dollars ($5,000); or

(2) Class A misdemeanor if otherwise committed.

(c) This section does not apply to a principal contractor or subcontractor covered by § 22-9-101 et seq.

(d) It is an affirmative defense to prosecution under this section that the contractor or subcontractor has given notice of a dispute in a term, condition, payment, or quality of good to the contracting consumer or to the supplier or subcontractor, or the contractor has in good faith sought relief in federal court under the bankruptcy laws of the United States, prior to the expiration of the thirty (30) days after receipt of payment under the contract.

Acts 1989, No. 303, § 1; 1991, No. 52, § 1.
Ark. Code Ann. § 5-3-302 — AR Code / Title 5 / Chapter 3 / Subchapter 3 / Section 5-3-302
Renunciation
Status: in_force

It is an affirmative defense to a prosecution for criminal solicitation that the defendant prevented the commission of the offense solicited under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose. Acts 1975, No. 280, § 706; A.S.A. 1947, § 41-706.

It is an affirmative defense to a prosecution for criminal solicitation that the defendant prevented the commission of the offense solicited under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose.

Acts 1975, No. 280, § 706; A.S.A. 1947, § 41-706.
Ark. Code Ann. § 5-4-405 — AR Code / Title 5 / Chapter 4 / Subchapter 4 / Section 5-4-405
Delayed release for certain offenders
Status: in_force

(a) As used in this section: (1) "Aggravating circumstance" means a defendant purposely selected the victim because the victim was a member of or was associated with a recognizable and identifiable group or class who share mental, physical, biological, cultural, political, or religious beliefs or characteristics; (2) "Delayed release" means that a person who receives a sentence of imprisonment is not eligible for parole unless the person has served at least eighty percent (80%) of his or her sentence; (3) "Purposely selected the victim" does not mean that a defendant's mere abstract belief or expression was hostile or contrary to the victim's being a member of or was associated with a recognizable and identifiable group or class who share mental, physical, biological, cultural, political, or religious beliefs or characteristics; and (4) "Serious felony involving violence" means: (A) Murder in the first degree, § 5-10-102 ; (B) Murder in the second degree, § 5-10-103 ; (C) Battery in the first degree, § 5-13-201 ; (D) Aggravated assault, § 5-13-204 ; (E) Terroristic threatening, § 5-13-301 , if a felony offense; (F) Terroristic act, § 5-13-310 ; (G) Arson, § 5-38-301 ; (H) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; and (I) An attempt, a solicitation, or a conspiracy to commit an offense listed in this subdivision (a)(4) if the attempt, solicitation, or conspiracy itself is a felony. (b) (1) (A) A person who commits a serious felony involving violence is subject to delayed release if the state proves beyond a reasonable doubt that the person committed a serious felony involving violence under an aggravating circumstance. (B) In order to seek delayed release under this section, the state shall set out the allegation in the indictment, in the information, or in a separate filing. (2) If the finder of fact is the circuit court, the state may present evidence of an aggravating circumstance during its case-in-chief, and if the circuit court finds the person guilty and sentences the person to a term of imprisonment, the circuit court shall make the determination as to whether the state proved beyond a reasonable doubt that the person committed a serious felony involving violence under an aggravating circumstance and sentence the person accordingly. (3) (A) If the finder of fact is a jury, the jury shall first hear all evidence relevant to the serious felony involving violence with which the person is charged and shall retire to reach a verdict of guilt or innocence on the charge. (B) If the person is found guilty of the serious felony involving violence, the circuit court shall then instruct the jury that the state seeks a sentence of imprisonment that would provide for delayed release. (C) The state may then offer additional evidence and argument that one (1) or more aggravating circumstances existed, which the person may rebut with his or her own evidence and argument. (D) The jury shall retire again and then determine a sentence and, if the sentence includes a term of imprisonment, a finding as to whether the person is subject to delayed release. (c) This section does not: (1) Interfere with the exercise of rights protected by the United States Constitution or the Arkansas Constitution, including without limitation the right of clergy to express religious beliefs during a religious service or ceremony; (2) Serve as a basis to create a protected classification or prohibit discrimination under the Intrastate Commerce Improvement Act, § 14-1-401 et seq.; or (3) Expand or contract the protections afforded by the Arkansas Civil Rights Act of 1993, § 16-123-101 et seq. (d) This section shall not be altered, broadened, or narrowed through federal or state executive action. Added by Act 2021, No. 681,§ 1, eff. 7/28/2021.

(a) As used in this section: (1) "Aggravating circumstance" means a defendant purposely selected the victim because the victim was a member of or was associated with a recognizable and identifiable group or class who share mental, physical, biological, cultural, political, or religious beliefs or characteristics; (2) "Delayed release" means that a person who receives a sentence of imprisonment is not eligible for parole unless the person has served at least eighty percent (80%) of his or her sentence; (3) "Purposely selected the victim" does not mean that a defendant's mere abstract belief or expression was hostile or contrary to the victim's being a member of or was associated with a recognizable and identifiable group or class who share mental, physical, biological, cultural, political, or religious beliefs or characteristics; and (4) "Serious felony involving violence" means: (A) Murder in the first degree, § 5-10-102 ; (B) Murder in the second degree, § 5-10-103 ; (C) Battery in the first degree, § 5-13-201 ; (D) Aggravated assault, § 5-13-204 ; (E) Terroristic threatening, § 5-13-301 , if a felony offense; (F) Terroristic act, § 5-13-310 ; (G) Arson, § 5-38-301 ; (H) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; and (I) An attempt, a solicitation, or a conspiracy to commit an offense listed in this subdivision (a)(4) if the attempt, solicitation, or conspiracy itself is a felony.

(1) "Aggravating circumstance" means a defendant purposely selected the victim because the victim was a member of or was associated with a recognizable and identifiable group or class who share mental, physical, biological, cultural, political, or religious beliefs or characteristics;

(2) "Delayed release" means that a person who receives a sentence of imprisonment is not eligible for parole unless the person has served at least eighty percent (80%) of his or her sentence;

(3) "Purposely selected the victim" does not mean that a defendant's mere abstract belief or expression was hostile or contrary to the victim's being a member of or was associated with a recognizable and identifiable group or class who share mental, physical, biological, cultural, political, or religious beliefs or characteristics; and

(4) "Serious felony involving violence" means: (A) Murder in the first degree, § 5-10-102 ; (B) Murder in the second degree, § 5-10-103 ; (C) Battery in the first degree, § 5-13-201 ; (D) Aggravated assault, § 5-13-204 ; (E) Terroristic threatening, § 5-13-301 , if a felony offense; (F) Terroristic act, § 5-13-310 ; (G) Arson, § 5-38-301 ; (H) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; and (I) An attempt, a solicitation, or a conspiracy to commit an offense listed in this subdivision (a)(4) if the attempt, solicitation, or conspiracy itself is a felony.

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

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

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

(D) Aggravated assault, § 5-13-204 ;

(E) Terroristic threatening, § 5-13-301 , if a felony offense;

(F) Terroristic act, § 5-13-310 ;

(G) Arson, § 5-38-301 ;

(H) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; and

(I) An attempt, a solicitation, or a conspiracy to commit an offense listed in this subdivision (a)(4) if the attempt, solicitation, or conspiracy itself is a felony.

(b) (1) (A) A person who commits a serious felony involving violence is subject to delayed release if the state proves beyond a reasonable doubt that the person committed a serious felony involving violence under an aggravating circumstance. (B) In order to seek delayed release under this section, the state shall set out the allegation in the indictment, in the information, or in a separate filing. (2) If the finder of fact is the circuit court, the state may present evidence of an aggravating circumstance during its case-in-chief, and if the circuit court finds the person guilty and sentences the person to a term of imprisonment, the circuit court shall make the determination as to whether the state proved beyond a reasonable doubt that the person committed a serious felony involving violence under an aggravating circumstance and sentence the person accordingly. (3) (A) If the finder of fact is a jury, the jury shall first hear all evidence relevant to the serious felony involving violence with which the person is charged and shall retire to reach a verdict of guilt or innocence on the charge. (B) If the person is found guilty of the serious felony involving violence, the circuit court shall then instruct the jury that the state seeks a sentence of imprisonment that would provide for delayed release. (C) The state may then offer additional evidence and argument that one (1) or more aggravating circumstances existed, which the person may rebut with his or her own evidence and argument. (D) The jury shall retire again and then determine a sentence and, if the sentence includes a term of imprisonment, a finding as to whether the person is subject to delayed release.

(1) (A) A person who commits a serious felony involving violence is subject to delayed release if the state proves beyond a reasonable doubt that the person committed a serious felony involving violence under an aggravating circumstance. (B) In order to seek delayed release under this section, the state shall set out the allegation in the indictment, in the information, or in a separate filing.

(A) A person who commits a serious felony involving violence is subject to delayed release if the state proves beyond a reasonable doubt that the person committed a serious felony involving violence under an aggravating circumstance.

(B) In order to seek delayed release under this section, the state shall set out the allegation in the indictment, in the information, or in a separate filing.

(2) If the finder of fact is the circuit court, the state may present evidence of an aggravating circumstance during its case-in-chief, and if the circuit court finds the person guilty and sentences the person to a term of imprisonment, the circuit court shall make the determination as to whether the state proved beyond a reasonable doubt that the person committed a serious felony involving violence under an aggravating circumstance and sentence the person accordingly.

(3) (A) If the finder of fact is a jury, the jury shall first hear all evidence relevant to the serious felony involving violence with which the person is charged and shall retire to reach a verdict of guilt or innocence on the charge. (B) If the person is found guilty of the serious felony involving violence, the circuit court shall then instruct the jury that the state seeks a sentence of imprisonment that would provide for delayed release. (C) The state may then offer additional evidence and argument that one (1) or more aggravating circumstances existed, which the person may rebut with his or her own evidence and argument. (D) The jury shall retire again and then determine a sentence and, if the sentence includes a term of imprisonment, a finding as to whether the person is subject to delayed release.

(A) If the finder of fact is a jury, the jury shall first hear all evidence relevant to the serious felony involving violence with which the person is charged and shall retire to reach a verdict of guilt or innocence on the charge.

(B) If the person is found guilty of the serious felony involving violence, the circuit court shall then instruct the jury that the state seeks a sentence of imprisonment that would provide for delayed release.

(C) The state may then offer additional evidence and argument that one (1) or more aggravating circumstances existed, which the person may rebut with his or her own evidence and argument.

(D) The jury shall retire again and then determine a sentence and, if the sentence includes a term of imprisonment, a finding as to whether the person is subject to delayed release.

(c) This section does not: (1) Interfere with the exercise of rights protected by the United States Constitution or the Arkansas Constitution, including without limitation the right of clergy to express religious beliefs during a religious service or ceremony; (2) Serve as a basis to create a protected classification or prohibit discrimination under the Intrastate Commerce Improvement Act, § 14-1-401 et seq.; or (3) Expand or contract the protections afforded by the Arkansas Civil Rights Act of 1993, § 16-123-101 et seq.

(1) Interfere with the exercise of rights protected by the United States Constitution or the Arkansas Constitution, including without limitation the right of clergy to express religious beliefs during a religious service or ceremony;

(2) Serve as a basis to create a protected classification or prohibit discrimination under the Intrastate Commerce Improvement Act, § 14-1-401 et seq.; or

(3) Expand or contract the protections afforded by the Arkansas Civil Rights Act of 1993, § 16-123-101 et seq.

(d) This section shall not be altered, broadened, or narrowed through federal or state executive action.

Added by Act 2021, No. 681,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 5-51-202 — AR Code / Title 5 / Chapter 51 / Subchapter 2 / Section 5-51-202
Advocating assassination or overthrow of government
Status: in_force

(a) As used in this section, "government in the United States" means the United States Government or the government of the State of Arkansas. (b) It is unlawful for any person to: (1) Knowingly advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence or by the assassination of any officer of any government in the United States; (2) Print, publish, edit, issue, circulate, sell, distribute, or publicly display any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence with the intent to cause the overthrow or destruction of any government in the United States; (3) Organize or help to organize any society, group, or assembly of persons that teaches, advocates, or encourages the overthrow or destruction of any government in the United States by force or violence; or (4) Be or become a member of or affiliate with any society, group, or assembly of persons described in subdivision (b)(3) of this section, knowing the purposes of the society, group, or assembly of persons. (c) (1) Any person who violates any provision of this section is guilty of a Class C felony. (2) During the five (5) years next following his or her conviction, no person convicted of violating any provision of this section is eligible for employment by the State of Arkansas or by any department or agency of the State of Arkansas. Acts 1941, No. 292, §§ 1, 3; A.S.A. 1947, §§ 41-3957, 41-3958; Acts 2005, No. 1994, § 417.

(a) As used in this section, "government in the United States" means the United States Government or the government of the State of Arkansas.

(b) It is unlawful for any person to: (1) Knowingly advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence or by the assassination of any officer of any government in the United States; (2) Print, publish, edit, issue, circulate, sell, distribute, or publicly display any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence with the intent to cause the overthrow or destruction of any government in the United States; (3) Organize or help to organize any society, group, or assembly of persons that teaches, advocates, or encourages the overthrow or destruction of any government in the United States by force or violence; or (4) Be or become a member of or affiliate with any society, group, or assembly of persons described in subdivision (b)(3) of this section, knowing the purposes of the society, group, or assembly of persons.

(1) Knowingly advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence or by the assassination of any officer of any government in the United States;

(2) Print, publish, edit, issue, circulate, sell, distribute, or publicly display any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence with the intent to cause the overthrow or destruction of any government in the United States;

(3) Organize or help to organize any society, group, or assembly of persons that teaches, advocates, or encourages the overthrow or destruction of any government in the United States by force or violence; or

(4) Be or become a member of or affiliate with any society, group, or assembly of persons described in subdivision (b)(3) of this section, knowing the purposes of the society, group, or assembly of persons.

(c) (1) Any person who violates any provision of this section is guilty of a Class C felony. (2) During the five (5) years next following his or her conviction, no person convicted of violating any provision of this section is eligible for employment by the State of Arkansas or by any department or agency of the State of Arkansas.

(1) Any person who violates any provision of this section is guilty of a Class C felony.

(2) During the five (5) years next following his or her conviction, no person convicted of violating any provision of this section is eligible for employment by the State of Arkansas or by any department or agency of the State of Arkansas.

Acts 1941, No. 292, §§ 1, 3; A.S.A. 1947, §§ 41-3957, 41-3958; Acts 2005, No. 1994, § 417.
Ark. Code Ann. § 5-74-102 — AR Code / Title 5 / Chapter 74 / Subchapter 1 / Section 5-74-102
General legislative findings, declarations, and intent
Status: in_force

(a) (1) The General Assembly finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, or handicap, to be secure and protected from fear, intimidation, and physical harm caused by the activities of groups engaging in random crimes of violence, and committing crimes for profit and violent crimes committed to protect or control market areas or "turf ". (2) It is not the intent of this subchapter to interfere with the constitutional exercise of the protected rights and freedoms of expression and association. (3) The General Assembly recognizes the right of every citizen to harbor and constitutionally express beliefs on any lawful subject whatsoever, to associate lawfully with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process. (b) (1) The General Assembly further finds that the State of Arkansas is experiencing an increase in crime committed by criminal gangs, organizations, or enterprises. (2) These criminal gangs, organizations, or enterprises support themselves by engaging in criminal activity for profit, most commonly through the distribution of controlled substances and theft of property. (3) These criminal gangs, organizations, or enterprises are becoming increasingly sophisticated at avoiding arrest and prosecution. (4) With increasing frequency, criminals are using the property of another person which has been stolen, borrowed, leased, or maintained in another person's name to avoid detection and identification. (5) This is particularly common among members and associates of criminal gangs, organizations, and enterprises. (6) There is strong evidence that this increased sophistication is due largely to contact with other criminal gangs, organizations, or enterprises from other states. (c) (1) The General Assembly further finds that criminal gangs, organizations, and enterprises control their market areas by terrorizing the peaceful citizens in their neighborhoods with deliberate and random acts of violence. (2) "Drive-by" shootings are becoming all too common in many Arkansas cities. (3) One of the primary reasons for the increased homicide rate is the use of firearms by criminal gangs, organizations, or enterprises to control the crack cocaine market within their geographical "turf ". (d) (1) The General Assembly further finds that in addition to the activity of street gangs, there are also other types of criminal organizations or enterprises operating in Arkansas. (2) Some examples are garages that take parts from stolen automobiles, burglary or retail theft rings, and narcotics distribution organizations. (3) The number of crimes committed by criminal organizations of all types is increasing. (4) These ongoing organized criminal activities present a clear and present danger to public order and safety and are not constitutionally protected. (e) (1) It is the intent of the General Assembly to use as a model the federal continuing criminal enterprise statute, 21 U.S.C. § 848 . (2) This should provide law enforcement officers, prosecutors, and our courts with ample case law to guide in the interpretation of the language and the legislative intent. (3) It is furthermore the intent of the General Assembly to focus the state's law enforcement agencies and prosecutors on investigating and prosecuting all ongoing organized criminal activity and to provide for penalties that will punish and deter organized ongoing criminal activity. Acts 1993, No. 1002, § 1; 1995, No. 1296, § 9.

(a) (1) The General Assembly finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, or handicap, to be secure and protected from fear, intimidation, and physical harm caused by the activities of groups engaging in random crimes of violence, and committing crimes for profit and violent crimes committed to protect or control market areas or "turf ". (2) It is not the intent of this subchapter to interfere with the constitutional exercise of the protected rights and freedoms of expression and association. (3) The General Assembly recognizes the right of every citizen to harbor and constitutionally express beliefs on any lawful subject whatsoever, to associate lawfully with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.

(1) The General Assembly finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, or handicap, to be secure and protected from fear, intimidation, and physical harm caused by the activities of groups engaging in random crimes of violence, and committing crimes for profit and violent crimes committed to protect or control market areas or "turf ".

(2) It is not the intent of this subchapter to interfere with the constitutional exercise of the protected rights and freedoms of expression and association.

(3) The General Assembly recognizes the right of every citizen to harbor and constitutionally express beliefs on any lawful subject whatsoever, to associate lawfully with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.

(b) (1) The General Assembly further finds that the State of Arkansas is experiencing an increase in crime committed by criminal gangs, organizations, or enterprises. (2) These criminal gangs, organizations, or enterprises support themselves by engaging in criminal activity for profit, most commonly through the distribution of controlled substances and theft of property. (3) These criminal gangs, organizations, or enterprises are becoming increasingly sophisticated at avoiding arrest and prosecution. (4) With increasing frequency, criminals are using the property of another person which has been stolen, borrowed, leased, or maintained in another person's name to avoid detection and identification. (5) This is particularly common among members and associates of criminal gangs, organizations, and enterprises. (6) There is strong evidence that this increased sophistication is due largely to contact with other criminal gangs, organizations, or enterprises from other states.

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

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

(3) These criminal gangs, organizations, or enterprises are becoming increasingly sophisticated at avoiding arrest and prosecution.

(4) With increasing frequency, criminals are using the property of another person which has been stolen, borrowed, leased, or maintained in another person's name to avoid detection and identification.

(5) This is particularly common among members and associates of criminal gangs, organizations, and enterprises.

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

(c) (1) The General Assembly further finds that criminal gangs, organizations, and enterprises control their market areas by terrorizing the peaceful citizens in their neighborhoods with deliberate and random acts of violence. (2) "Drive-by" shootings are becoming all too common in many Arkansas cities. (3) One of the primary reasons for the increased homicide rate is the use of firearms by criminal gangs, organizations, or enterprises to control the crack cocaine market within their geographical "turf ".

(1) The General Assembly further finds that criminal gangs, organizations, and enterprises control their market areas by terrorizing the peaceful citizens in their neighborhoods with deliberate and random acts of violence.

(2) "Drive-by" shootings are becoming all too common in many Arkansas cities.

(3) One of the primary reasons for the increased homicide rate is the use of firearms by criminal gangs, organizations, or enterprises to control the crack cocaine market within their geographical "turf ".

(d) (1) The General Assembly further finds that in addition to the activity of street gangs, there are also other types of criminal organizations or enterprises operating in Arkansas. (2) Some examples are garages that take parts from stolen automobiles, burglary or retail theft rings, and narcotics distribution organizations. (3) The number of crimes committed by criminal organizations of all types is increasing. (4) These ongoing organized criminal activities present a clear and present danger to public order and safety and are not constitutionally protected.

(1) The General Assembly further finds that in addition to the activity of street gangs, there are also other types of criminal organizations or enterprises operating in Arkansas.

(2) Some examples are garages that take parts from stolen automobiles, burglary or retail theft rings, and narcotics distribution organizations.

(3) The number of crimes committed by criminal organizations of all types is increasing.

(4) These ongoing organized criminal activities present a clear and present danger to public order and safety and are not constitutionally protected.

(e) (1) It is the intent of the General Assembly to use as a model the federal continuing criminal enterprise statute, 21 U.S.C. § 848 . (2) This should provide law enforcement officers, prosecutors, and our courts with ample case law to guide in the interpretation of the language and the legislative intent. (3) It is furthermore the intent of the General Assembly to focus the state's law enforcement agencies and prosecutors on investigating and prosecuting all ongoing organized criminal activity and to provide for penalties that will punish and deter organized ongoing criminal activity.

(1) It is the intent of the General Assembly to use as a model the federal continuing criminal enterprise statute, 21 U.S.C. § 848 .

(2) This should provide law enforcement officers, prosecutors, and our courts with ample case law to guide in the interpretation of the language and the legislative intent.

(3) It is furthermore the intent of the General Assembly to focus the state's law enforcement agencies and prosecutors on investigating and prosecuting all ongoing organized criminal activity and to provide for penalties that will punish and deter organized ongoing criminal activity.

Acts 1993, No. 1002, § 1; 1995, No. 1296, § 9.
Ark. Code Ann. § 5-73-313 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-313
Expiration and renewal
Status: in_force

(a) Except as provided in subdivision (f)(1) of this section, the licensee may renew his or her license no more than ninety (90) days prior to the expiration date by submitting to the Division of Arkansas State Police: (1) A renewal form prescribed by the division; (2) A verified statement that the licensee remains qualified pursuant to the criteria specified in §§ 5-73-308(a) and 5-73-309 ; (3) A renewal fee of twenty-five dollars ($25.00); (4) A certification or training form properly completed by the licensee's training instructor reflecting that the licensee's training was conducted; and (5) A digital photograph of the licensee or a release authorization to obtain a digital photograph of the licensee from another source. (b) The license shall be renewed upon receipt of the completed renewal application, a digital photograph of the licensee, and appropriate payment of fees subject to a background investigation conducted pursuant to this subchapter that did not reveal any disqualifying offense or unresolved arrest that would disqualify a licensee under this subchapter. (c) Additionally, a licensee who fails to file a renewal application on or before the expiration date shall renew his or her license by paying a late fee of fifteen dollars ($15.00). (d) (1) No license shall be renewed six (6) months or more after its expiration date, and the license is deemed to be permanently expired. (2) (A) A person whose license has been permanently expired may reapply for licensure. (B) An application for licensure and fees pursuant to §§ 5-73-308(a) , 5-73-309 , and 5-73-311(a) shall be submitted, and a new background investigation shall be conducted. (e) A new criminal background investigation shall be conducted when an applicant applies for renewal of a license. Costs for processing a new background check shall be paid by the applicant. (f) (1) An active duty member of the United States Armed Forces, a member of the National Guard, or a member of a reserve component of the United States Armed Forces, who is on active duty outside this state may renew his or her license within thirty (30) days after the person returns to this state by submitting to the division: (A) Proof of assignment outside of this state on the expiration date of the license; and (B) The items listed in subdivisions (a)(1)-(5) of this section. (2) Subsections (c) and (d) of this section shall not apply to a person who renews his or her license under subdivision (f)(1) of this section. Amended by Act 2019, No. 188,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 61,§ 2, eff. 7/24/2019. Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, §§ 6, 12; 1999, No. 487, § 2; 2003, No. 545, § 2; 2005, No. 881, § 1; 2007, No. 664, § 5.

(a) Except as provided in subdivision (f)(1) of this section, the licensee may renew his or her license no more than ninety (90) days prior to the expiration date by submitting to the Division of Arkansas State Police: (1) A renewal form prescribed by the division; (2) A verified statement that the licensee remains qualified pursuant to the criteria specified in §§ 5-73-308(a) and 5-73-309 ; (3) A renewal fee of twenty-five dollars ($25.00); (4) A certification or training form properly completed by the licensee's training instructor reflecting that the licensee's training was conducted; and (5) A digital photograph of the licensee or a release authorization to obtain a digital photograph of the licensee from another source.

(1) A renewal form prescribed by the division;

(2) A verified statement that the licensee remains qualified pursuant to the criteria specified in §§ 5-73-308(a) and 5-73-309 ;

(3) A renewal fee of twenty-five dollars ($25.00);

(4) A certification or training form properly completed by the licensee's training instructor reflecting that the licensee's training was conducted; and

(5) A digital photograph of the licensee or a release authorization to obtain a digital photograph of the licensee from another source.

(b) The license shall be renewed upon receipt of the completed renewal application, a digital photograph of the licensee, and appropriate payment of fees subject to a background investigation conducted pursuant to this subchapter that did not reveal any disqualifying offense or unresolved arrest that would disqualify a licensee under this subchapter.

(c) Additionally, a licensee who fails to file a renewal application on or before the expiration date shall renew his or her license by paying a late fee of fifteen dollars ($15.00).

(d) (1) No license shall be renewed six (6) months or more after its expiration date, and the license is deemed to be permanently expired. (2) (A) A person whose license has been permanently expired may reapply for licensure. (B) An application for licensure and fees pursuant to §§ 5-73-308(a) , 5-73-309 , and 5-73-311(a) shall be submitted, and a new background investigation shall be conducted.

(1) No license shall be renewed six (6) months or more after its expiration date, and the license is deemed to be permanently expired.

(2) (A) A person whose license has been permanently expired may reapply for licensure. (B) An application for licensure and fees pursuant to §§ 5-73-308(a) , 5-73-309 , and 5-73-311(a) shall be submitted, and a new background investigation shall be conducted.

(A) A person whose license has been permanently expired may reapply for licensure.

(B) An application for licensure and fees pursuant to §§ 5-73-308(a) , 5-73-309 , and 5-73-311(a) shall be submitted, and a new background investigation shall be conducted.

(e) A new criminal background investigation shall be conducted when an applicant applies for renewal of a license. Costs for processing a new background check shall be paid by the applicant.

(f) (1) An active duty member of the United States Armed Forces, a member of the National Guard, or a member of a reserve component of the United States Armed Forces, who is on active duty outside this state may renew his or her license within thirty (30) days after the person returns to this state by submitting to the division: (A) Proof of assignment outside of this state on the expiration date of the license; and (B) The items listed in subdivisions (a)(1)-(5) of this section. (2) Subsections (c) and (d) of this section shall not apply to a person who renews his or her license under subdivision (f)(1) of this section.

(1) An active duty member of the United States Armed Forces, a member of the National Guard, or a member of a reserve component of the United States Armed Forces, who is on active duty outside this state may renew his or her license within thirty (30) days after the person returns to this state by submitting to the division: (A) Proof of assignment outside of this state on the expiration date of the license; and (B) The items listed in subdivisions (a)(1)-(5) of this section.

(A) Proof of assignment outside of this state on the expiration date of the license; and

(B) The items listed in subdivisions (a)(1)-(5) of this section.

(2) Subsections (c) and (d) of this section shall not apply to a person who renews his or her license under subdivision (f)(1) of this section.

Amended by Act 2019, No. 188,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 61,§ 2, eff. 7/24/2019.

Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, §§ 6, 12; 1999, No. 487, § 2; 2003, No. 545, § 2; 2005, No. 881, § 1; 2007, No. 664, § 5.
Ark. Code Ann. § 5-55-602 — AR Code / Title 5 / Chapter 55 / Subchapter 6 / Section 5-55-602
Criminal impersonation in an election
Status: in_force

(a) A person commits the offense of criminal impersonation in an election if he or she knowingly impersonates another person in an attempt to vote in a city, school district, county, state, or federal election. (b) Criminal impersonation in an election is a Class D felony. Added by Act 2015, No. 1166,§ 2, eff. 7/22/2015.

(a) A person commits the offense of criminal impersonation in an election if he or she knowingly impersonates another person in an attempt to vote in a city, school district, county, state, or federal election.

(b) Criminal impersonation in an election is a Class D felony.

Added by Act 2015, No. 1166,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 5-27-221 — AR Code / Title 5 / Chapter 27 / Subchapter 2 / Section 5-27-221
Permitting abuse of a minor
Status: in_force

(a) A person commits the offense of permitting abuse of a minor if, being a parent, guardian, or person legally charged with the care or custody of a minor, he or she recklessly fails to take action to prevent the abuse of a minor. (b) It is a defense to a prosecution for the offense of permitting abuse of a minor if the parent, guardian, or person legally charged with the care or custody of the minor takes immediate steps to end the abuse of the minor, including prompt notification of a medical or law enforcement authority, upon first knowing or having good reason to know that abuse has occurred. (c) Permitting abuse of a minor is a: (1) Class B felony if the abuse of the minor: (A) Consisted of sexual intercourse; (B) Consisted of deviate sexual activity; or (C) Caused serious physical injury or death to the minor; or (2) Class D felony if the abuse of the minor: (A) Consisted of sexual contact; or (B) Caused physical injury to the minor. (d) As used in this section: (1) "Abuse" means only sexual intercourse, deviate sexual activity, sexual contact, or causing physical injury, serious physical injury, or death, which could be prosecuted as a delinquent or criminal act; and (2) "Minor" means a person under eighteen (18) years of age. Acts 1985, No. 990, §§ 1-3; A.S.A. 1947, §§ 41-2472 -- 41-2474; Acts 1993, No. 1126, § 9; 2001, No. 1374, § 1; 2003, No. 1318, § 1.

(a) A person commits the offense of permitting abuse of a minor if, being a parent, guardian, or person legally charged with the care or custody of a minor, he or she recklessly fails to take action to prevent the abuse of a minor.

(b) It is a defense to a prosecution for the offense of permitting abuse of a minor if the parent, guardian, or person legally charged with the care or custody of the minor takes immediate steps to end the abuse of the minor, including prompt notification of a medical or law enforcement authority, upon first knowing or having good reason to know that abuse has occurred.

(c) Permitting abuse of a minor is a: (1) Class B felony if the abuse of the minor: (A) Consisted of sexual intercourse; (B) Consisted of deviate sexual activity; or (C) Caused serious physical injury or death to the minor; or (2) Class D felony if the abuse of the minor: (A) Consisted of sexual contact; or (B) Caused physical injury to the minor.

(1) Class B felony if the abuse of the minor: (A) Consisted of sexual intercourse; (B) Consisted of deviate sexual activity; or (C) Caused serious physical injury or death to the minor; or

(A) Consisted of sexual intercourse;

(B) Consisted of deviate sexual activity; or

(C) Caused serious physical injury or death to the minor; or

(2) Class D felony if the abuse of the minor: (A) Consisted of sexual contact; or (B) Caused physical injury to the minor.

(A) Consisted of sexual contact; or

(B) Caused physical injury to the minor.

(d) As used in this section: (1) "Abuse" means only sexual intercourse, deviate sexual activity, sexual contact, or causing physical injury, serious physical injury, or death, which could be prosecuted as a delinquent or criminal act; and (2) "Minor" means a person under eighteen (18) years of age.

(1) "Abuse" means only sexual intercourse, deviate sexual activity, sexual contact, or causing physical injury, serious physical injury, or death, which could be prosecuted as a delinquent or criminal act; and

(2) "Minor" means a person under eighteen (18) years of age.

Acts 1985, No. 990, §§ 1-3; A.S.A. 1947, §§ 41-2472 -- 41-2474; Acts 1993, No. 1126, § 9; 2001, No. 1374, § 1; 2003, No. 1318, § 1.
Ark. Code Ann. § 5-36-109 — AR Code / Title 5 / Chapter 36 / Subchapter 1 / Section 5-36-109
Operating a chop shop - Dealing in stolen or forged motor vehicle parts
Status: in_force

(a) As used in this section: (1) "Chop shop" means a place used for the purpose of selling, transferring, purchasing, or receiving a motor vehicle or a motor vehicle part with the purpose to misrepresent the identity of or prevent the identification of the motor vehicle or motor vehicle part by modifying the vehicle identification number; (2) "Modify" means to: (A) Alter; (B) Counterfeit; (C) Deface; (D) Destroy; (E) Disguise; (F) Falsify; (G) Forge; (H) Obliterate; or (I) Remove; and (3) (A) "Motor vehicle" means a device: (i) In, upon, or by which a person or property is or may be transported or drawn upon a highway; and (ii) That is self-propelled or may be connected to and towed by a self-propelled device. (B) "Motor vehicle" includes a land-based, self-propelled device not designed for use upon a highway, including without limitation: (i) Farm machinery; and (ii) A steam shovel. (b) (1) A person commits operating a chop shop if he or she knowingly: (A) Owns, operates, or conducts a chop shop; (B) Transports a motor vehicle or motor vehicle part to or from a chop shop; (C) Sells, transfers, purchases, or receives a motor vehicle or motor vehicle part either to or from a chop shop; or (D) Modifies or removes a vehicle identification number with the purpose of misrepresenting the identity or preventing the identification of a motor vehicle or motor vehicle part. (2) Operating a chop shop is a Class C felony. (c) (1) A person commits dealing in stolen or forged motor vehicle parts if he or she knowingly sells, transfers, purchases, possesses, or receives a motor vehicle or motor vehicle part with a modified vehicle identification number. (2) Dealing in stolen or forged motor vehicle parts is a Class D felony. (d) This section does not apply to: (1) A motor vehicle scrap processor who, in the normal course of a legal business and in good faith, processes a motor vehicle or motor vehicle part by crushing, compacting, or other similar method, if the vehicle identification number is not removed from the motor vehicle or motor vehicle part before or during processing; or (2) (A) An owner or authorized possessor of a motor vehicle or motor vehicle part: (i) That has been recovered by a law enforcement agency or law enforcement officer after having been stolen; or (ii) With a vehicle identification number that has been modified and the modification of the vehicle identification number of the motor vehicle or motor vehicle part is known to or has been reported to a law enforcement agency or law enforcement officer. (B) It is presumed that a law enforcement agency or law enforcement officer has knowledge of all vehicle identification numbers on a motor vehicle or motor vehicle part that are modified when the law enforcement agency or law enforcement officer delivers or returns the motor vehicle or motor vehicle part to its owner or authorized possessor after it has been recovered by a law enforcement agency or law enforcement officer after having been reported stolen. (e) In addition to any other sentence authorized by law, a person who commits operating a chop shop or dealing in stolen or forged motor vehicle parts upon conviction shall be ordered to make restitution to: (1) A lawful owner of the stolen motor vehicle or the stolen motor vehicle part; (2) A lawful owner's insurer if the lawful owner has been compensated by the insurer; and (3) Any other person who sustained financial loss as a result of the commission of operating a chop shop or dealing in stolen or forged motor vehicle parts. Added by Act 2023, No. 508,§ 1, eff. 8/1/2023.

(a) As used in this section: (1) "Chop shop" means a place used for the purpose of selling, transferring, purchasing, or receiving a motor vehicle or a motor vehicle part with the purpose to misrepresent the identity of or prevent the identification of the motor vehicle or motor vehicle part by modifying the vehicle identification number; (2) "Modify" means to: (A) Alter; (B) Counterfeit; (C) Deface; (D) Destroy; (E) Disguise; (F) Falsify; (G) Forge; (H) Obliterate; or (I) Remove; and (3) (A) "Motor vehicle" means a device: (i) In, upon, or by which a person or property is or may be transported or drawn upon a highway; and (ii) That is self-propelled or may be connected to and towed by a self-propelled device. (B) "Motor vehicle" includes a land-based, self-propelled device not designed for use upon a highway, including without limitation: (i) Farm machinery; and (ii) A steam shovel.

(1) "Chop shop" means a place used for the purpose of selling, transferring, purchasing, or receiving a motor vehicle or a motor vehicle part with the purpose to misrepresent the identity of or prevent the identification of the motor vehicle or motor vehicle part by modifying the vehicle identification number;

(2) "Modify" means to: (A) Alter; (B) Counterfeit; (C) Deface; (D) Destroy; (E) Disguise; (F) Falsify; (G) Forge; (H) Obliterate; or (I) Remove; and

(A) Alter;

(B) Counterfeit;

(C) Deface;

(D) Destroy;

(E) Disguise;

(F) Falsify;

(G) Forge;

(H) Obliterate; or

(I) Remove; and

(3) (A) "Motor vehicle" means a device: (i) In, upon, or by which a person or property is or may be transported or drawn upon a highway; and (ii) That is self-propelled or may be connected to and towed by a self-propelled device. (B) "Motor vehicle" includes a land-based, self-propelled device not designed for use upon a highway, including without limitation: (i) Farm machinery; and (ii) A steam shovel.

(A) "Motor vehicle" means a device: (i) In, upon, or by which a person or property is or may be transported or drawn upon a highway; and (ii) That is self-propelled or may be connected to and towed by a self-propelled device.

(i) In, upon, or by which a person or property is or may be transported or drawn upon a highway; and

(ii) That is self-propelled or may be connected to and towed by a self-propelled device.

(B) "Motor vehicle" includes a land-based, self-propelled device not designed for use upon a highway, including without limitation: (i) Farm machinery; and (ii) A steam shovel.

(i) Farm machinery; and

(ii) A steam shovel.

(b) (1) A person commits operating a chop shop if he or she knowingly: (A) Owns, operates, or conducts a chop shop; (B) Transports a motor vehicle or motor vehicle part to or from a chop shop; (C) Sells, transfers, purchases, or receives a motor vehicle or motor vehicle part either to or from a chop shop; or (D) Modifies or removes a vehicle identification number with the purpose of misrepresenting the identity or preventing the identification of a motor vehicle or motor vehicle part. (2) Operating a chop shop is a Class C felony.

(1) A person commits operating a chop shop if he or she knowingly: (A) Owns, operates, or conducts a chop shop; (B) Transports a motor vehicle or motor vehicle part to or from a chop shop; (C) Sells, transfers, purchases, or receives a motor vehicle or motor vehicle part either to or from a chop shop; or (D) Modifies or removes a vehicle identification number with the purpose of misrepresenting the identity or preventing the identification of a motor vehicle or motor vehicle part.

(A) Owns, operates, or conducts a chop shop;

(B) Transports a motor vehicle or motor vehicle part to or from a chop shop;

(C) Sells, transfers, purchases, or receives a motor vehicle or motor vehicle part either to or from a chop shop; or

(D) Modifies or removes a vehicle identification number with the purpose of misrepresenting the identity or preventing the identification of a motor vehicle or motor vehicle part.

(2) Operating a chop shop is a Class C felony.

(c) (1) A person commits dealing in stolen or forged motor vehicle parts if he or she knowingly sells, transfers, purchases, possesses, or receives a motor vehicle or motor vehicle part with a modified vehicle identification number. (2) Dealing in stolen or forged motor vehicle parts is a Class D felony.

(1) A person commits dealing in stolen or forged motor vehicle parts if he or she knowingly sells, transfers, purchases, possesses, or receives a motor vehicle or motor vehicle part with a modified vehicle identification number.

(2) Dealing in stolen or forged motor vehicle parts is a Class D felony.

(d) This section does not apply to: (1) A motor vehicle scrap processor who, in the normal course of a legal business and in good faith, processes a motor vehicle or motor vehicle part by crushing, compacting, or other similar method, if the vehicle identification number is not removed from the motor vehicle or motor vehicle part before or during processing; or (2) (A) An owner or authorized possessor of a motor vehicle or motor vehicle part: (i) That has been recovered by a law enforcement agency or law enforcement officer after having been stolen; or (ii) With a vehicle identification number that has been modified and the modification of the vehicle identification number of the motor vehicle or motor vehicle part is known to or has been reported to a law enforcement agency or law enforcement officer. (B) It is presumed that a law enforcement agency or law enforcement officer has knowledge of all vehicle identification numbers on a motor vehicle or motor vehicle part that are modified when the law enforcement agency or law enforcement officer delivers or returns the motor vehicle or motor vehicle part to its owner or authorized possessor after it has been recovered by a law enforcement agency or law enforcement officer after having been reported stolen.

(1) A motor vehicle scrap processor who, in the normal course of a legal business and in good faith, processes a motor vehicle or motor vehicle part by crushing, compacting, or other similar method, if the vehicle identification number is not removed from the motor vehicle or motor vehicle part before or during processing; or

(2) (A) An owner or authorized possessor of a motor vehicle or motor vehicle part: (i) That has been recovered by a law enforcement agency or law enforcement officer after having been stolen; or (ii) With a vehicle identification number that has been modified and the modification of the vehicle identification number of the motor vehicle or motor vehicle part is known to or has been reported to a law enforcement agency or law enforcement officer. (B) It is presumed that a law enforcement agency or law enforcement officer has knowledge of all vehicle identification numbers on a motor vehicle or motor vehicle part that are modified when the law enforcement agency or law enforcement officer delivers or returns the motor vehicle or motor vehicle part to its owner or authorized possessor after it has been recovered by a law enforcement agency or law enforcement officer after having been reported stolen.

(A) An owner or authorized possessor of a motor vehicle or motor vehicle part: (i) That has been recovered by a law enforcement agency or law enforcement officer after having been stolen; or (ii) With a vehicle identification number that has been modified and the modification of the vehicle identification number of the motor vehicle or motor vehicle part is known to or has been reported to a law enforcement agency or law enforcement officer.

(i) That has been recovered by a law enforcement agency or law enforcement officer after having been stolen; or

(ii) With a vehicle identification number that has been modified and the modification of the vehicle identification number of the motor vehicle or motor vehicle part is known to or has been reported to a law enforcement agency or law enforcement officer.

(B) It is presumed that a law enforcement agency or law enforcement officer has knowledge of all vehicle identification numbers on a motor vehicle or motor vehicle part that are modified when the law enforcement agency or law enforcement officer delivers or returns the motor vehicle or motor vehicle part to its owner or authorized possessor after it has been recovered by a law enforcement agency or law enforcement officer after having been reported stolen.

(e) In addition to any other sentence authorized by law, a person who commits operating a chop shop or dealing in stolen or forged motor vehicle parts upon conviction shall be ordered to make restitution to: (1) A lawful owner of the stolen motor vehicle or the stolen motor vehicle part; (2) A lawful owner's insurer if the lawful owner has been compensated by the insurer; and (3) Any other person who sustained financial loss as a result of the commission of operating a chop shop or dealing in stolen or forged motor vehicle parts.

(1) A lawful owner of the stolen motor vehicle or the stolen motor vehicle part;

(2) A lawful owner's insurer if the lawful owner has been compensated by the insurer; and

(3) Any other person who sustained financial loss as a result of the commission of operating a chop shop or dealing in stolen or forged motor vehicle parts.

Added by Act 2023, No. 508,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 5-37-213 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-213
Criminal simulation
Status: in_force

(a) A person commits criminal simulation if, with purpose to defraud or injure, the person: (1) Makes, alters, or represents any object in such fashion that it appears to have an antiquity, rarity, source or authorship, ingredient, or composition that it does not in fact have; or (2) Possesses or transfers an object simulated as described in subdivision (a)(1) of this section with knowledge of its true character. (b) Criminal simulation is a: (1) Class D felony if the value of the object simulated exceeds one hundred dollars ($100); or (2) Class A misdemeanor if otherwise committed. Acts 1975, No. 280, § 2311; A.S.A. 1947, § 41-2311.

(a) A person commits criminal simulation if, with purpose to defraud or injure, the person: (1) Makes, alters, or represents any object in such fashion that it appears to have an antiquity, rarity, source or authorship, ingredient, or composition that it does not in fact have; or (2) Possesses or transfers an object simulated as described in subdivision (a)(1) of this section with knowledge of its true character.

(1) Makes, alters, or represents any object in such fashion that it appears to have an antiquity, rarity, source or authorship, ingredient, or composition that it does not in fact have; or

(2) Possesses or transfers an object simulated as described in subdivision (a)(1) of this section with knowledge of its true character.

(b) Criminal simulation is a: (1) Class D felony if the value of the object simulated exceeds one hundred dollars ($100); or (2) Class A misdemeanor if otherwise committed.

(1) Class D felony if the value of the object simulated exceeds one hundred dollars ($100); or

(2) Class A misdemeanor if otherwise committed.

Acts 1975, No. 280, § 2311; A.S.A. 1947, § 41-2311.
Ark. Code Ann. § 5-70-104 — AR Code / Title 5 / Chapter 70 / Section 5-70-104
Promoting prostitution in the first degree
Status: in_force

(a) A person commits the offense of promoting prostitution in the first degree if he or she knowingly: (1) Advances prostitution by compelling a person by physical force or intimidation to engage in prostitution or profits from such coercive conduct by another; or (2) Advances prostitution or profits from prostitution of a person less than eighteen (18) years of age. (b) Promoting prostitution in the first degree is a: (1) Class D felony under subdivision (a)(1) of this section; (2) Class B felony under subdivision (a)(2) of this section. (c) (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 two thousand five hundred dollars ($2,500). (2) Fine payments received under subdivision (c)(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. 659,§ 46, eff. 1/1/2024. Amended by Act 2023, No. 327,§ 9, eff. 8/1/2023. Acts 1975, No. 280, § 3004; A.S.A. 1947, § 41-3004.

(a) A person commits the offense of promoting prostitution in the first degree if he or she knowingly: (1) Advances prostitution by compelling a person by physical force or intimidation to engage in prostitution or profits from such coercive conduct by another; or (2) Advances prostitution or profits from prostitution of a person less than eighteen (18) years of age.

(1) Advances prostitution by compelling a person by physical force or intimidation to engage in prostitution or profits from such coercive conduct by another; or

(2) Advances prostitution or profits from prostitution of a person less than eighteen (18) years of age.

(b) Promoting prostitution in the first degree is a: (1) Class D felony under subdivision (a)(1) of this section; (2) Class B felony under subdivision (a)(2) of this section.

(1) Class D felony under subdivision (a)(1) of this section;

(2) Class B felony under subdivision (a)(2) of this section.

(c) (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 two thousand five hundred dollars ($2,500). (2) Fine payments received under subdivision (c)(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 two thousand five hundred dollars ($2,500).

(2) Fine payments received under subdivision (c)(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. 659,§ 46, eff. 1/1/2024.

Amended by Act 2023, No. 327,§ 9, eff. 8/1/2023.

Acts 1975, No. 280, § 3004; A.S.A. 1947, § 41-3004.
Ark. Code Ann. § 5-37-217 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-217
Healthcare fraud
Status: in_force

(a) As used in this section, "healthcare plan" means a publicly or privately funded program or organization that is formed to provide or pay for healthcare goods or services, including without limitation: (1) Health insurance plans; (2) Managed care organization plans; (3) Risk-based provider plans; (4) The Arkansas Medicaid Program; (5) The Social Security Disability Insurance program; and (6) The Medicare program. (b) A person commits healthcare fraud if, with a purpose to defraud a healthcare plan, the person provides materially false information or omits material information in support of: (1) An application for membership or eligibility for a healthcare plan; (2) A claim for payment or reimbursement as a member or provider in a healthcare plan; or (3) A prior claim for payment or to justify payments previously received from a healthcare plan for healthcare goods or services during the course of an audit or investigation conducted by the Office of Medicaid Inspector General or a healthcare oversight agency with jurisdiction to audit, investigate, or prosecute any form of healthcare fraud. (c) Healthcare fraud is a: (1) Class A misdemeanor if the aggregate amount of the healthcare fraud in any period of twelve (12) months is less than two thousand five hundred dollars ($2,500); (2) Class C felony if the aggregate amount of the healthcare fraud in any period of twelve (12) months is two thousand five hundred dollars ($2,500) or more but less than five thousand dollars ($5,000); (3) Class B felony if the aggregate amount of the healthcare fraud in any period of twelve (12) months is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000); and (4) Class A felony if the aggregate amount of the healthcare fraud in any period of twelve (12) months is twenty-five thousand dollars ($25,000) or more. Amended by Act 2017, No. 978,§ 1, eff. 8/1/2017. Added by Act 2013, No. 1499,§ 1, eff. 7/1/2013.

(a) As used in this section, "healthcare plan" means a publicly or privately funded program or organization that is formed to provide or pay for healthcare goods or services, including without limitation: (1) Health insurance plans; (2) Managed care organization plans; (3) Risk-based provider plans; (4) The Arkansas Medicaid Program; (5) The Social Security Disability Insurance program; and (6) The Medicare program.

(1) Health insurance plans;

(2) Managed care organization plans;

(3) Risk-based provider plans;

(4) The Arkansas Medicaid Program;

(5) The Social Security Disability Insurance program; and

(6) The Medicare program.

(b) A person commits healthcare fraud if, with a purpose to defraud a healthcare plan, the person provides materially false information or omits material information in support of: (1) An application for membership or eligibility for a healthcare plan; (2) A claim for payment or reimbursement as a member or provider in a healthcare plan; or (3) A prior claim for payment or to justify payments previously received from a healthcare plan for healthcare goods or services during the course of an audit or investigation conducted by the Office of Medicaid Inspector General or a healthcare oversight agency with jurisdiction to audit, investigate, or prosecute any form of healthcare fraud.

(1) An application for membership or eligibility for a healthcare plan;

(2) A claim for payment or reimbursement as a member or provider in a healthcare plan; or

(3) A prior claim for payment or to justify payments previously received from a healthcare plan for healthcare goods or services during the course of an audit or investigation conducted by the Office of Medicaid Inspector General or a healthcare oversight agency with jurisdiction to audit, investigate, or prosecute any form of healthcare fraud.

(c) Healthcare fraud is a: (1) Class A misdemeanor if the aggregate amount of the healthcare fraud in any period of twelve (12) months is less than two thousand five hundred dollars ($2,500); (2) Class C felony if the aggregate amount of the healthcare fraud in any period of twelve (12) months is two thousand five hundred dollars ($2,500) or more but less than five thousand dollars ($5,000); (3) Class B felony if the aggregate amount of the healthcare fraud in any period of twelve (12) months is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000); and (4) Class A felony if the aggregate amount of the healthcare fraud in any period of twelve (12) months is twenty-five thousand dollars ($25,000) or more.

(1) Class A misdemeanor if the aggregate amount of the healthcare fraud in any period of twelve (12) months is less than two thousand five hundred dollars ($2,500);

(2) Class C felony if the aggregate amount of the healthcare fraud in any period of twelve (12) months is two thousand five hundred dollars ($2,500) or more but less than five thousand dollars ($5,000);

(3) Class B felony if the aggregate amount of the healthcare fraud in any period of twelve (12) months is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000); and

(4) Class A felony if the aggregate amount of the healthcare fraud in any period of twelve (12) months is twenty-five thousand dollars ($25,000) or more.

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

Added by Act 2013, No. 1499,§ 1, eff. 7/1/2013.
Ark. Code Ann. § 5-10-207 — AR Code / Title 5 / Chapter 10 / Subchapter 2 / Section 5-10-207
Consensual ingestion not a defense
Status: in_force

It is not a defense to a prosecution under this subchapter that a person knowingly and voluntarily consented to the injection, ingestion, inhalation, or other introduction of the controlled substance or counterfeit substance. Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.

It is not a defense to a prosecution under this subchapter that a person knowingly and voluntarily consented to the injection, ingestion, inhalation, or other introduction of the controlled substance or counterfeit substance.

Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.
Ark. Code Ann. § 5-37-102 — AR Code / Title 5 / Chapter 37 / Subchapter 1 / Section 5-37-102
Access to information not infringed
Status: in_force

Nothing in § 5-37-227 or § 5-37-510 shall be construed to conflict with the Freedom of Information Act of 1967, § 25-19-101 et seq. Acts 1999, No. 1578, § 3.

Nothing in § 5-37-227 or § 5-37-510 shall be construed to conflict with the Freedom of Information Act of 1967, § 25-19-101 et seq.

Acts 1999, No. 1578, § 3.
Ark. Code Ann. § 5-66-120 — AR Code / Title 5 / Chapter 66 / Section 5-66-120
Application to Arkansas Scholarship Lottery Act
Status: in_force

This chapter does not apply to a lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq. Acts 2009, No. 605, § 2; 2009, No. 606, § 2.

This chapter does not apply to a lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.

Acts 2009, No. 605, § 2; 2009, No. 606, § 2.
Ark. Code Ann. § 5-67-103 — AR Code / Title 5 / Chapter 67 / Section 5-67-103
Attaching signs to utility poles or living plants
Status: in_force

(a) (1) It is unlawful for any person, firm, corporation, or association to nail, staple, or otherwise attach or cause to be nailed, stapled, or otherwise attached any sign, poster, or billboard to any pole used to provide utility, cable, telecommunication, or broadband services or to any living tree, shrub, or other plant located upon the rights-of-way of any public road, highway, or street in this state. (2) The prohibition described in subdivision (a)(1) of this section does not apply to a warning, safety, or identification sign attached to a pole by a provider of utility, cable, telecommunication, or broadband services or to an attachment authorized under § 14-54-701(a)(3) . (b) (1) Any person, firm, corporation, or association violating a provision of this section is guilty of a violation and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (2) Each day that any violation under subdivision (b)(1) of this section continues constitutes a separate offense. Amended by Act 2021, No. 377,§ 1, eff. 7/28/2021. Acts 1967, No. 420, §§ 1, 2; A.S.A. 1947, §§ 41-3362, 41-3363; Acts 2005, No. 1994, § 54.

(a) (1) It is unlawful for any person, firm, corporation, or association to nail, staple, or otherwise attach or cause to be nailed, stapled, or otherwise attached any sign, poster, or billboard to any pole used to provide utility, cable, telecommunication, or broadband services or to any living tree, shrub, or other plant located upon the rights-of-way of any public road, highway, or street in this state. (2) The prohibition described in subdivision (a)(1) of this section does not apply to a warning, safety, or identification sign attached to a pole by a provider of utility, cable, telecommunication, or broadband services or to an attachment authorized under § 14-54-701(a)(3) .

(1) It is unlawful for any person, firm, corporation, or association to nail, staple, or otherwise attach or cause to be nailed, stapled, or otherwise attached any sign, poster, or billboard to any pole used to provide utility, cable, telecommunication, or broadband services or to any living tree, shrub, or other plant located upon the rights-of-way of any public road, highway, or street in this state.

(2) The prohibition described in subdivision (a)(1) of this section does not apply to a warning, safety, or identification sign attached to a pole by a provider of utility, cable, telecommunication, or broadband services or to an attachment authorized under § 14-54-701(a)(3) .

(b) (1) Any person, firm, corporation, or association violating a provision of this section is guilty of a violation and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (2) Each day that any violation under subdivision (b)(1) of this section continues constitutes a separate offense.

(1) Any person, firm, corporation, or association violating a provision of this section is guilty of a violation and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

(2) Each day that any violation under subdivision (b)(1) of this section continues constitutes a separate offense.

Amended by Act 2021, No. 377,§ 1, eff. 7/28/2021.

Acts 1967, No. 420, §§ 1, 2; A.S.A. 1947, §§ 41-3362, 41-3363; Acts 2005, No. 1994, § 54.
Ark. Code Ann. § 5-64-305 — AR Code / Title 5 / Chapter 64 / Subchapter 3 / Section 5-64-305
Powers of Arkansas State Board of Pharmacy - Sale of nonnarcotic drugs
Status: in_force

(a) (1) Nothing contained in this chapter shall affect the licensing or regulation of pharmacists or pharmacies in this state by the Arkansas State Board of Pharmacy. (2) The board may also inventory and destroy any outdated or unwanted controlled substance at the request of a licensee of the board with proper record of the destruction provided to appropriate agencies. (3) The board is given primary but not exclusive jurisdiction in the enforcement application of this chapter to the board's licensees. (b) Nothing in this chapter is deemed to prohibit the sale of a nonnarcotic proprietary drug if the nonnarcotic proprietary drug, under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., or the Food, Drug, and Cosmetic Act, § 20-56-201 et seq., may be lawfully sold over the counter without a prescription. Acts 2005, No. 1994, § 304[A].

(a) (1) Nothing contained in this chapter shall affect the licensing or regulation of pharmacists or pharmacies in this state by the Arkansas State Board of Pharmacy. (2) The board may also inventory and destroy any outdated or unwanted controlled substance at the request of a licensee of the board with proper record of the destruction provided to appropriate agencies. (3) The board is given primary but not exclusive jurisdiction in the enforcement application of this chapter to the board's licensees.

(1) Nothing contained in this chapter shall affect the licensing or regulation of pharmacists or pharmacies in this state by the Arkansas State Board of Pharmacy.

(2) The board may also inventory and destroy any outdated or unwanted controlled substance at the request of a licensee of the board with proper record of the destruction provided to appropriate agencies.

(3) The board is given primary but not exclusive jurisdiction in the enforcement application of this chapter to the board's licensees.

(b) Nothing in this chapter is deemed to prohibit the sale of a nonnarcotic proprietary drug if the nonnarcotic proprietary drug, under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., or the Food, Drug, and Cosmetic Act, § 20-56-201 et seq., may be lawfully sold over the counter without a prescription.

Acts 2005, No. 1994, § 304[A].
Ark. Code Ann. § 5-41-205 — AR Code / Title 5 / Chapter 41 / Subchapter 2 / Section 5-41-205
Unlawful act involving electronic mail
Status: in_force

(a) A person commits an unlawful act involving electronic mail if, with the purpose to devise or execute a scheme to defraud or illegally obtain property, the person: (1) Knowingly and with the purpose to transmit or cause to be transmitted the item of electronic mail to the electronic mail address of one (1) or more recipients without their knowledge of or consent to the transmission falsifies or forges any data, information, image, program, signal, or sound that: (A) Is contained in the header, subject line, or routing instructions of an item of electronic mail; or (B) Describes or identifies the sender, source, point of origin, or path of transmission of an item of electronic mail; (2) Purposely transmits or causes to be transmitted an item of electronic mail to the electronic mail address of one (1) or more recipients without their knowledge of or consent to the transmission, if the person knows or has reason to know that the item of electronic mail contains or has been generated or formatted with: (A) An Internet domain name that is being used without the consent of the person who holds the internet domain name; or (B) Any data, information, image, program, signal, or sound that has been used intentionally in the header, subject line, or routing instructions of the item of electronic mail to falsify or misrepresent: (i) The identity of the sender; or (ii) The source, point of origin, or path of transmission of the item of electronic mail; or (3) Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or otherwise distribute any data, information, image, program, signal, or sound that is designed or intended to be used to falsify or forge any data, information, image, program, signal, or sound that: (A) Is contained in the header, subject line, or routing instructions of an item of electronic mail; or (B) Describes or identifies the sender, source, point of origin, or path of transmission of an item of electronic mail. (b) Subdivision (a)(2) of this section does not apply to an Internet service provider who, in the course of providing service, transmits or causes to be transmitted an item of electronic mail on behalf of another person, unless the Internet service provider is the person who first generates the item of electronic mail. (c) An unlawful act involving electronic mail is a Class D felony. Acts 2001, No. 1496, § 2.

(a) A person commits an unlawful act involving electronic mail if, with the purpose to devise or execute a scheme to defraud or illegally obtain property, the person: (1) Knowingly and with the purpose to transmit or cause to be transmitted the item of electronic mail to the electronic mail address of one (1) or more recipients without their knowledge of or consent to the transmission falsifies or forges any data, information, image, program, signal, or sound that: (A) Is contained in the header, subject line, or routing instructions of an item of electronic mail; or (B) Describes or identifies the sender, source, point of origin, or path of transmission of an item of electronic mail; (2) Purposely transmits or causes to be transmitted an item of electronic mail to the electronic mail address of one (1) or more recipients without their knowledge of or consent to the transmission, if the person knows or has reason to know that the item of electronic mail contains or has been generated or formatted with: (A) An Internet domain name that is being used without the consent of the person who holds the internet domain name; or (B) Any data, information, image, program, signal, or sound that has been used intentionally in the header, subject line, or routing instructions of the item of electronic mail to falsify or misrepresent: (i) The identity of the sender; or (ii) The source, point of origin, or path of transmission of the item of electronic mail; or (3) Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or otherwise distribute any data, information, image, program, signal, or sound that is designed or intended to be used to falsify or forge any data, information, image, program, signal, or sound that: (A) Is contained in the header, subject line, or routing instructions of an item of electronic mail; or (B) Describes or identifies the sender, source, point of origin, or path of transmission of an item of electronic mail.

(1) Knowingly and with the purpose to transmit or cause to be transmitted the item of electronic mail to the electronic mail address of one (1) or more recipients without their knowledge of or consent to the transmission falsifies or forges any data, information, image, program, signal, or sound that: (A) Is contained in the header, subject line, or routing instructions of an item of electronic mail; or (B) Describes or identifies the sender, source, point of origin, or path of transmission of an item of electronic mail;

(A) Is contained in the header, subject line, or routing instructions of an item of electronic mail; or

(B) Describes or identifies the sender, source, point of origin, or path of transmission of an item of electronic mail;

(2) Purposely transmits or causes to be transmitted an item of electronic mail to the electronic mail address of one (1) or more recipients without their knowledge of or consent to the transmission, if the person knows or has reason to know that the item of electronic mail contains or has been generated or formatted with: (A) An Internet domain name that is being used without the consent of the person who holds the internet domain name; or (B) Any data, information, image, program, signal, or sound that has been used intentionally in the header, subject line, or routing instructions of the item of electronic mail to falsify or misrepresent: (i) The identity of the sender; or (ii) The source, point of origin, or path of transmission of the item of electronic mail; or

(A) An Internet domain name that is being used without the consent of the person who holds the internet domain name; or

(B) Any data, information, image, program, signal, or sound that has been used intentionally in the header, subject line, or routing instructions of the item of electronic mail to falsify or misrepresent: (i) The identity of the sender; or (ii) The source, point of origin, or path of transmission of the item of electronic mail; or

(i) The identity of the sender; or

(ii) The source, point of origin, or path of transmission of the item of electronic mail; or

(3) Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or otherwise distribute any data, information, image, program, signal, or sound that is designed or intended to be used to falsify or forge any data, information, image, program, signal, or sound that: (A) Is contained in the header, subject line, or routing instructions of an item of electronic mail; or (B) Describes or identifies the sender, source, point of origin, or path of transmission of an item of electronic mail.

(A) Is contained in the header, subject line, or routing instructions of an item of electronic mail; or

(B) Describes or identifies the sender, source, point of origin, or path of transmission of an item of electronic mail.

(b) Subdivision (a)(2) of this section does not apply to an Internet service provider who, in the course of providing service, transmits or causes to be transmitted an item of electronic mail on behalf of another person, unless the Internet service provider is the person who first generates the item of electronic mail.

(c) An unlawful act involving electronic mail is a Class D felony.

Acts 2001, No. 1496, § 2.
Ark. Code Ann. § 5-73-201 — AR Code / Title 5 / Chapter 73 / Subchapter 2 / Section 5-73-201
Title
Status: in_force

This subchapter may be cited as the "Uniform Machine Gun Act". Acts 1935, No. 80, § 12; Pope's Dig., § 3525; A.S.A. 1947, § 41-3167.

This subchapter may be cited as the "Uniform Machine Gun Act".

Acts 1935, No. 80, § 12; Pope's Dig., § 3525; A.S.A. 1947, § 41-3167.
Ark. Code Ann. § 5-37-220 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-220
Fertility treatment fraud
Status: in_force

(a) As used in this section: (1) "Fertility treatment" means a treatment for infertility, pregnancy, surrogacy, or childbearing; and (2) "Human reproductive material" means: (A) A human spermatozoon or ovum; or (B) A human organism at any stage of development from fertilized ovum to embryo. (b) A person commits the offense of fertility treatment fraud if the person, with the purpose to defraud a person undergoing fertility treatment, misrepresents the: (1) Identity of a person who has donated or is donating human reproductive material to the person undergoing fertility treatment; or (2) Quality of the: (A) Human reproductive material used in the fertility treatment; or (B) Fertility treatment procedure. (c) Fertility treatment fraud is a Class C felony. Added by Act 2021, No. 609,§ 3, eff. 7/28/2021.

(a) As used in this section: (1) "Fertility treatment" means a treatment for infertility, pregnancy, surrogacy, or childbearing; and (2) "Human reproductive material" means: (A) A human spermatozoon or ovum; or (B) A human organism at any stage of development from fertilized ovum to embryo.

(1) "Fertility treatment" means a treatment for infertility, pregnancy, surrogacy, or childbearing; and

(2) "Human reproductive material" means: (A) A human spermatozoon or ovum; or (B) A human organism at any stage of development from fertilized ovum to embryo.

(A) A human spermatozoon or ovum; or

(B) A human organism at any stage of development from fertilized ovum to embryo.

(b) A person commits the offense of fertility treatment fraud if the person, with the purpose to defraud a person undergoing fertility treatment, misrepresents the: (1) Identity of a person who has donated or is donating human reproductive material to the person undergoing fertility treatment; or (2) Quality of the: (A) Human reproductive material used in the fertility treatment; or (B) Fertility treatment procedure.

(1) Identity of a person who has donated or is donating human reproductive material to the person undergoing fertility treatment; or

(2) Quality of the: (A) Human reproductive material used in the fertility treatment; or (B) Fertility treatment procedure.

(A) Human reproductive material used in the fertility treatment; or

(B) Fertility treatment procedure.

(c) Fertility treatment fraud is a Class C felony.

Added by Act 2021, No. 609,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 5-76-108 — AR Code / Title 5 / Chapter 76 / Section 5-76-108
[Repealed]
Status: repealed

Repealed by Act 2015, No. 299,§ 16, eff. 7/22/2015. Acts 2005, No. 1458, § 2.

Repealed by Act 2015, No. 299,§ 16, eff. 7/22/2015.

Acts 2005, No. 1458, § 2.
Ark. Code Ann. § 5-4-707 — AR Code / Title 5 / Chapter 4 / Subchapter 7 / Section 5-4-707
Additional term of imprisonment for offense constituting violence against church or other place of worship
Status: in_force

(a) As used in this section, "serious felony involving violence" means: (1) Murder in the first degree, § 5-10-102 ; (2) Murder in the second degree, § 5-10-103 ; (3) Battery in the first degree, § 5-13-201 ; (4) Aggravated assault, § 5-13-204 ; (5) Terroristic threatening, § 5-13-301 , if a felony; (6) Terroristic act, § 5-13-310 ; (7) Causing a catastrophe, § 5-38-202(a) ; (8) Arson, § 5-38-301 ; (9) Terrorism, § 5-54-205 ; (10) A felony offense under § 5-54-201 ; (11) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (12) Criminal use of prohibited weapons, § 5-73-104 , involving an activity making it a Class B felony; or (13) A felony attempt, solicitation, or conspiracy to commit an offense listed in this subsection, if the attempt, solicitation, or conspiracy itself is a felony. (b) A person is subject to an additional term of imprisonment under this section if the person: (1) Purposely selected the victim of an offense committed by the person because the victim was present on the grounds of or in a church or other place of worship at the time of the offense; and (2) Committed a serious felony involving violence against the victim. (c) If an additional term of imprisonment is sought under this section, the information or indictment shall include: (1) That the additional term of imprisonment under this section is being sought; and (2) The allegations supporting the imposition of the additional term of imprisonment under this section. (d) The additional term of imprisonment under this section is for a minimum of one (1) year but no more than ten (10) years in the Division of Correction. (e) The additional term of imprisonment under this section is consecutive to any other sentence imposed. (f) A person receiving an additional term of imprisonment under this section is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the additional term of imprisonment. Amended by Act 2023, No. 659,§ 21, eff. 1/1/2024. Added by Act 2019, No. 1046,§ 1, eff. 7/24/2019.

(a) As used in this section, "serious felony involving violence" means: (1) Murder in the first degree, § 5-10-102 ; (2) Murder in the second degree, § 5-10-103 ; (3) Battery in the first degree, § 5-13-201 ; (4) Aggravated assault, § 5-13-204 ; (5) Terroristic threatening, § 5-13-301 , if a felony; (6) Terroristic act, § 5-13-310 ; (7) Causing a catastrophe, § 5-38-202(a) ; (8) Arson, § 5-38-301 ; (9) Terrorism, § 5-54-205 ; (10) A felony offense under § 5-54-201 ; (11) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (12) Criminal use of prohibited weapons, § 5-73-104 , involving an activity making it a Class B felony; or (13) A felony attempt, solicitation, or conspiracy to commit an offense listed in this subsection, if the attempt, solicitation, or conspiracy itself is a felony.

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

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

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

(4) Aggravated assault, § 5-13-204 ;

(5) Terroristic threatening, § 5-13-301 , if a felony;

(6) Terroristic act, § 5-13-310 ;

(7) Causing a catastrophe, § 5-38-202(a) ;

(8) Arson, § 5-38-301 ;

(9) Terrorism, § 5-54-205 ;

(10) A felony offense under § 5-54-201 ;

(11) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ;

(12) Criminal use of prohibited weapons, § 5-73-104 , involving an activity making it a Class B felony; or

(13) A felony attempt, solicitation, or conspiracy to commit an offense listed in this subsection, if the attempt, solicitation, or conspiracy itself is a felony.

(b) A person is subject to an additional term of imprisonment under this section if the person: (1) Purposely selected the victim of an offense committed by the person because the victim was present on the grounds of or in a church or other place of worship at the time of the offense; and (2) Committed a serious felony involving violence against the victim.

(1) Purposely selected the victim of an offense committed by the person because the victim was present on the grounds of or in a church or other place of worship at the time of the offense; and

(2) Committed a serious felony involving violence against the victim.

(c) If an additional term of imprisonment is sought under this section, the information or indictment shall include: (1) That the additional term of imprisonment under this section is being sought; and (2) The allegations supporting the imposition of the additional term of imprisonment under this section.

(1) That the additional term of imprisonment under this section is being sought; and

(2) The allegations supporting the imposition of the additional term of imprisonment under this section.

(d) The additional term of imprisonment under this section is for a minimum of one (1) year but no more than ten (10) years in the Division of Correction.

(e) The additional term of imprisonment under this section is consecutive to any other sentence imposed.

(f) A person receiving an additional term of imprisonment under this section is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the additional term of imprisonment.

Amended by Act 2023, No. 659,§ 21, eff. 1/1/2024.

Added by Act 2019, No. 1046,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 5-51-309 — AR Code / Title 5 / Chapter 51 / Subchapter 3 / Section 5-51-309
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1348,§ 10, eff. 8/16/2013. Acts 1941, No. 312, § 10; A.S.A. 1947, § 41-3967.

Repealed by Act 2013, No. 1348,§ 10, eff. 8/16/2013.

Acts 1941, No. 312, § 10; A.S.A. 1947, § 41-3967.
Ark. Code Ann. § 5-4-306 — AR Code / Title 5 / Chapter 4 / Subchapter 3 / Section 5-4-306
Time period generally
Status: in_force

If a court suspends imposition of sentence on a defendant or places him or her on probation, the period of suspension or probation shall be for a definite period of time not to exceed the maximum jail or prison sentence allowable for the offense charged. Acts 1975, No. 280, § 1205; 1977, No. 772, § 1; A.S.A. 1947, § 41-1205; Acts 1999, No. 1569, § 4; 2011, No. 570, § 9.

If a court suspends imposition of sentence on a defendant or places him or her on probation, the period of suspension or probation shall be for a definite period of time not to exceed the maximum jail or prison sentence allowable for the offense charged.

Acts 1975, No. 280, § 1205; 1977, No. 772, § 1; A.S.A. 1947, § 41-1205; Acts 1999, No. 1569, § 4; 2011, No. 570, § 9.
Ark. Code Ann. § 5-2-406 — AR Code / Title 5 / Chapter 2 / Subchapter 4 / Section 5-2-406
Multiple convictions - Different degrees
Status: in_force

When two (2) or more persons are criminally liable for an offense of which there are different degrees, each person is liable only for the degree of the offense that is consistent with the person's own: (1) Culpable mental state; or (2) Accountability for an aggravating fact or circumstance. Acts 1975, No. 280, § 306; A.S.A. 1947, § 41-306.

When two (2) or more persons are criminally liable for an offense of which there are different degrees, each person is liable only for the degree of the offense that is consistent with the person's own:

(1) Culpable mental state; or

(2) Accountability for an aggravating fact or circumstance.

Acts 1975, No. 280, § 306; A.S.A. 1947, § 41-306.
Ark. Code Ann. § 5-53-101 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-101
Definitions
Status: in_force

As used in this subchapter: (1) (A) "False material statement" means any false statement, regardless of its admissibility under the rules of evidence, which affects or could affect the course or outcome of an official proceeding or the action or decision of a public servant in the performance of any governmental function. (B) Whether a false statement is material in a given factual situation is a question of law; (2) (A) "Juror" means a member of any jury, including a grand jury and a petit jury. (B) "Juror" also includes any person who has been drawn or summoned as a prospective juror; (3) (A) "Oath" means swearing, affirming, and any other mode authorized by law of attesting to the truth of that which is stated. (B) A written statement is treated as if made under oath if the written statement: (i) Was made on or pursuant to a form bearing notice, authorized by law, to the effect that a false statement made pursuant to the form is punishable; (ii) Recites that it was made under oath, and the declarant was aware of the recitation at the time he or she signed the written statement and intended that the written statement should be considered a sworn statement; or (iii) Is made, used, or offered with the purpose that it be accepted as compliance with a statute, rule, or regulation which requires a statement under oath or other like form of attestation to the truth of the matter contained in the statement; (4) (A) "Official proceeding" means a proceeding heard before any legislative, judicial, administrative, or other government agency or official authorized to hear evidence under oath, including any referee, hearing examiner, revocation hearing judge, commissioner, notary, or other person taking testimony or depositions in any such proceeding. (B) "Official proceeding" includes the signing or marking, under oath, of: (i) A voter registration application; (ii) An application for absentee ballot; or (iii) A precinct voter registration list; (5) "Testimony" includes an oral or written statement, document, or any other material that is or could be offered by a witness in an official proceeding; (6) "Threat" means a menace, however communicated, to: (A) Use physical force against any person; or (B) Harm substantially any person with respect to his or her property, health, safety, business, calling, career, financial condition, reputation, or a personal relationship; and (7) (A) "Witness" means: (i) Any person for whose attendance to give testimony at an official proceeding any process has issued; or (ii) Any person who is holding or plans to hold himself available to give testimony at an official proceeding. (B) For the purpose of the Arkansas Criminal Code, a person is a "witness" if testimony is sought or offered by personal attendance at an official proceeding or by deposition or affidavit. Amended by Act 2023, No. 659,§ 39, eff. 1/1/2024. Amended by Act 2013, No. 320,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 2601; A.S.A. 1947, § 41-2601; Acts 1995, No. 927, § 1; 1995, No. 938, § 1; 2003, No. 1185, § 5.

As used in this subchapter:

(1) (A) "False material statement" means any false statement, regardless of its admissibility under the rules of evidence, which affects or could affect the course or outcome of an official proceeding or the action or decision of a public servant in the performance of any governmental function. (B) Whether a false statement is material in a given factual situation is a question of law;

(A) "False material statement" means any false statement, regardless of its admissibility under the rules of evidence, which affects or could affect the course or outcome of an official proceeding or the action or decision of a public servant in the performance of any governmental function.

(B) Whether a false statement is material in a given factual situation is a question of law;

(2) (A) "Juror" means a member of any jury, including a grand jury and a petit jury. (B) "Juror" also includes any person who has been drawn or summoned as a prospective juror;

(A) "Juror" means a member of any jury, including a grand jury and a petit jury.

(B) "Juror" also includes any person who has been drawn or summoned as a prospective juror;

(3) (A) "Oath" means swearing, affirming, and any other mode authorized by law of attesting to the truth of that which is stated. (B) A written statement is treated as if made under oath if the written statement: (i) Was made on or pursuant to a form bearing notice, authorized by law, to the effect that a false statement made pursuant to the form is punishable; (ii) Recites that it was made under oath, and the declarant was aware of the recitation at the time he or she signed the written statement and intended that the written statement should be considered a sworn statement; or (iii) Is made, used, or offered with the purpose that it be accepted as compliance with a statute, rule, or regulation which requires a statement under oath or other like form of attestation to the truth of the matter contained in the statement;

(A) "Oath" means swearing, affirming, and any other mode authorized by law of attesting to the truth of that which is stated.

(B) A written statement is treated as if made under oath if the written statement: (i) Was made on or pursuant to a form bearing notice, authorized by law, to the effect that a false statement made pursuant to the form is punishable; (ii) Recites that it was made under oath, and the declarant was aware of the recitation at the time he or she signed the written statement and intended that the written statement should be considered a sworn statement; or (iii) Is made, used, or offered with the purpose that it be accepted as compliance with a statute, rule, or regulation which requires a statement under oath or other like form of attestation to the truth of the matter contained in the statement;

(i) Was made on or pursuant to a form bearing notice, authorized by law, to the effect that a false statement made pursuant to the form is punishable;

(ii) Recites that it was made under oath, and the declarant was aware of the recitation at the time he or she signed the written statement and intended that the written statement should be considered a sworn statement; or

(iii) Is made, used, or offered with the purpose that it be accepted as compliance with a statute, rule, or regulation which requires a statement under oath or other like form of attestation to the truth of the matter contained in the statement;

(4) (A) "Official proceeding" means a proceeding heard before any legislative, judicial, administrative, or other government agency or official authorized to hear evidence under oath, including any referee, hearing examiner, revocation hearing judge, commissioner, notary, or other person taking testimony or depositions in any such proceeding. (B) "Official proceeding" includes the signing or marking, under oath, of: (i) A voter registration application; (ii) An application for absentee ballot; or (iii) A precinct voter registration list;

(A) "Official proceeding" means a proceeding heard before any legislative, judicial, administrative, or other government agency or official authorized to hear evidence under oath, including any referee, hearing examiner, revocation hearing judge, commissioner, notary, or other person taking testimony or depositions in any such proceeding.

(B) "Official proceeding" includes the signing or marking, under oath, of: (i) A voter registration application; (ii) An application for absentee ballot; or (iii) A precinct voter registration list;

(i) A voter registration application;

(ii) An application for absentee ballot; or

(iii) A precinct voter registration list;

(5) "Testimony" includes an oral or written statement, document, or any other material that is or could be offered by a witness in an official proceeding;

(6) "Threat" means a menace, however communicated, to: (A) Use physical force against any person; or (B) Harm substantially any person with respect to his or her property, health, safety, business, calling, career, financial condition, reputation, or a personal relationship; and

(A) Use physical force against any person; or

(B) Harm substantially any person with respect to his or her property, health, safety, business, calling, career, financial condition, reputation, or a personal relationship; and

(7) (A) "Witness" means: (i) Any person for whose attendance to give testimony at an official proceeding any process has issued; or (ii) Any person who is holding or plans to hold himself available to give testimony at an official proceeding. (B) For the purpose of the Arkansas Criminal Code, a person is a "witness" if testimony is sought or offered by personal attendance at an official proceeding or by deposition or affidavit.

(A) "Witness" means: (i) Any person for whose attendance to give testimony at an official proceeding any process has issued; or (ii) Any person who is holding or plans to hold himself available to give testimony at an official proceeding.

(i) Any person for whose attendance to give testimony at an official proceeding any process has issued; or

(ii) Any person who is holding or plans to hold himself available to give testimony at an official proceeding.

(B) For the purpose of the Arkansas Criminal Code, a person is a "witness" if testimony is sought or offered by personal attendance at an official proceeding or by deposition or affidavit.

Amended by Act 2023, No. 659,§ 39, eff. 1/1/2024.

Amended by Act 2013, No. 320,§ 1, eff. 8/16/2013.

Acts 1975, No. 280, § 2601; A.S.A. 1947, § 41-2601; Acts 1995, No. 927, § 1; 1995, No. 938, § 1; 2003, No. 1185, § 5.
Ark. Code Ann. § 5-68-303 — AR Code / Title 5 / Chapter 68 / Subchapter 3 / Section 5-68-303
Promoting obscene materials
Status: in_force

(a) Except as otherwise provided in § 5-68-308 , a person commits promoting obscene materials if he or she knowingly promotes, or has in his or her possession with intent to promote, any obscene material. (b) As used in this section, "material" means any writing, picture, motion picture, film, slide, drawing, or other visual reproduction. (c) Promoting obscene materials is a Class D felony. Acts 1981 (Ex. Sess.), No. 28, § 3; A.S.A. 1947, § 41-3585.2.

(a) Except as otherwise provided in § 5-68-308 , a person commits promoting obscene materials if he or she knowingly promotes, or has in his or her possession with intent to promote, any obscene material.

(b) As used in this section, "material" means any writing, picture, motion picture, film, slide, drawing, or other visual reproduction.

(c) Promoting obscene materials is a Class D felony.

Acts 1981 (Ex. Sess.), No. 28, § 3; A.S.A. 1947, § 41-3585.2.
Ark. Code Ann. § 5-38-203 — AR Code / Title 5 / Chapter 38 / Subchapter 2 / Section 5-38-203
Criminal mischief in the first degree
Status: in_force

(a) A person commits the offense of criminal mischief in the first degree if he or she purposely and without legal justification destroys or causes damage to any: (1) Property of another person; (2) Property, whether his or her own or the property of another person, for the purpose of collecting any insurance for the property; or (3) Critical infrastructure. (b) Criminal mischief in the first degree is a: (1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or less; (2) Class D felony if the amount of actual damage is more than one thousand dollars ($1,000) but five thousand dollars ($5,000) or less; (3) Class C felony if the amount of actual damage is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000); or (4) Class B felony if: (A) The amount of actual damage is twenty-five thousand dollars ($25,000) or more; or (B) The property is critical infrastructure. (c) In an action under this section involving cutting and removing timber from the property of another person: (1) The following create a presumption of a purpose to commit the offense of criminal mischief in the first degree: (A) The failure to obtain the survey as required by § 15-32-101 ; or (B) The purposeful misrepresentation of the ownership or origin of the timber; and (2) (A) There is imposed in addition to a penalty in subsection (b) of this section a fine of not more than two (2) times the value of the timber destroyed or damaged. (B) However, in addition to subdivision (c)(2)(A) of this section, the court may require the defendant to make restitution to the owner of the timber. (d) A person convicted of a felony offense under this section is subject to an enhanced sentence of an additional term of imprisonment of five (5) years at the discretion of the court if the finder of fact finds that the damage to property involved the removal of nonferrous metal, as it is defined in § 17-44-101 . (e) If the property destroyed or damaged under this section was a residential mailbox or other container that the defendant knew or reasonably should have known was used for the receipt or deposit of United States mail or if the property was damaged by painting or other permanent application of graffiti, the court shall include as part of the sentence: (1) An order of restitution for property damage or loss incurred as a result of the offense; and (2) An additional punishment of at least twenty-five (25) hours of community service. Amended by Act 2021, No. 1014,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 712,§ 2, eff. 7/28/2021. Amended by Act 2013, No. 1354,§ 5, eff. 8/16/2013. Acts 1975, No. 280, § 1906; 1977, No. 360, § 7; 1981, No. 544, § 2; 1981, No. 671, § 1; A.S.A. 1947, § 41-1906; Acts 1988 (3rd Ex. Sess.), No. 13, § 1; 1995, No. 1296, § 5; 1997, No. 448, § 1; 2005, No. 1994, § 443; 2011, No. 570, § 29.

(a) A person commits the offense of criminal mischief in the first degree if he or she purposely and without legal justification destroys or causes damage to any: (1) Property of another person; (2) Property, whether his or her own or the property of another person, for the purpose of collecting any insurance for the property; or (3) Critical infrastructure.

(1) Property of another person;

(2) Property, whether his or her own or the property of another person, for the purpose of collecting any insurance for the property; or

(3) Critical infrastructure.

(b) Criminal mischief in the first degree is a: (1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or less; (2) Class D felony if the amount of actual damage is more than one thousand dollars ($1,000) but five thousand dollars ($5,000) or less; (3) Class C felony if the amount of actual damage is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000); or (4) Class B felony if: (A) The amount of actual damage is twenty-five thousand dollars ($25,000) or more; or (B) The property is critical infrastructure.

(1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or less;

(2) Class D felony if the amount of actual damage is more than one thousand dollars ($1,000) but five thousand dollars ($5,000) or less;

(3) Class C felony if the amount of actual damage is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000); or

(4) Class B felony if: (A) The amount of actual damage is twenty-five thousand dollars ($25,000) or more; or (B) The property is critical infrastructure.

(A) The amount of actual damage is twenty-five thousand dollars ($25,000) or more; or

(B) The property is critical infrastructure.

(c) In an action under this section involving cutting and removing timber from the property of another person: (1) The following create a presumption of a purpose to commit the offense of criminal mischief in the first degree: (A) The failure to obtain the survey as required by § 15-32-101 ; or (B) The purposeful misrepresentation of the ownership or origin of the timber; and (2) (A) There is imposed in addition to a penalty in subsection (b) of this section a fine of not more than two (2) times the value of the timber destroyed or damaged. (B) However, in addition to subdivision (c)(2)(A) of this section, the court may require the defendant to make restitution to the owner of the timber.

(1) The following create a presumption of a purpose to commit the offense of criminal mischief in the first degree: (A) The failure to obtain the survey as required by § 15-32-101 ; or (B) The purposeful misrepresentation of the ownership or origin of the timber; and

(A) The failure to obtain the survey as required by § 15-32-101 ; or

(B) The purposeful misrepresentation of the ownership or origin of the timber; and

(2) (A) There is imposed in addition to a penalty in subsection (b) of this section a fine of not more than two (2) times the value of the timber destroyed or damaged. (B) However, in addition to subdivision (c)(2)(A) of this section, the court may require the defendant to make restitution to the owner of the timber.

(A) There is imposed in addition to a penalty in subsection (b) of this section a fine of not more than two (2) times the value of the timber destroyed or damaged.

(B) However, in addition to subdivision (c)(2)(A) of this section, the court may require the defendant to make restitution to the owner of the timber.

(d) A person convicted of a felony offense under this section is subject to an enhanced sentence of an additional term of imprisonment of five (5) years at the discretion of the court if the finder of fact finds that the damage to property involved the removal of nonferrous metal, as it is defined in § 17-44-101 .

(e) If the property destroyed or damaged under this section was a residential mailbox or other container that the defendant knew or reasonably should have known was used for the receipt or deposit of United States mail or if the property was damaged by painting or other permanent application of graffiti, the court shall include as part of the sentence: (1) An order of restitution for property damage or loss incurred as a result of the offense; and (2) An additional punishment of at least twenty-five (25) hours of community service.

(1) An order of restitution for property damage or loss incurred as a result of the offense; and

(2) An additional punishment of at least twenty-five (25) hours of community service.

Amended by Act 2021, No. 1014,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 712,§ 2, eff. 7/28/2021.

Amended by Act 2013, No. 1354,§ 5, eff. 8/16/2013.

Acts 1975, No. 280, § 1906; 1977, No. 360, § 7; 1981, No. 544, § 2; 1981, No. 671, § 1; A.S.A. 1947, § 41-1906; Acts 1988 (3rd Ex. Sess.), No. 13, § 1; 1995, No. 1296, § 5; 1997, No. 448, § 1; 2005, No. 1994, § 443; 2011, No. 570, § 29.
Ark. Code Ann. § 5-26-503 — AR Code / Title 5 / Chapter 26 / Subchapter 5 / Section 5-26-503
Interference with custody
Status: in_force

(a) A person commits the offense of interference with custody if without lawful authority he or she knowingly takes, entices, or keeps, or aids, abets, hires, or otherwise procures another person to take, entice, or keep any minor from the custody of: (1) The parent of the minor including an unmarried woman having legal custody of an illegitimate child under § 9-10-113 ; (2) The guardian of the minor; (3) A public agency having lawful charge of the minor; or (4) Any other lawful custodian. (b) Interference with custody is a Class C felony. (c) (1) In every case prior to serving a warrant for arrest on a person charged with the offense of interference with custody, the police officer or other law enforcement officer shall inform the Department of Human Services of the circumstances of any minor named in the information or indictment as having been taken, enticed, or kept from the parent, guardian, or custodian in a manner constituting interference with custody. (2) A representative of the department shall be present with the arresting police officer or law enforcement officer to take the minor into temporary custody of the department pending further proceedings by a court of competent jurisdiction. (d) (1) A court of competent jurisdiction shall determine the immediate custodial placement of any minor taken into custody by the department under subsection (c) of this section pursuant to a petition brought by the department to determine if there is probable cause to believe the minor may be: (A) Removed from the jurisdiction of the court; (B) Abandoned; or (C) Outside the immediate care or supervision of a person lawfully entitled to custody. (2) The court shall immediately give custody to the lawful custodian if it finds that the lawful custodian is present before the court. (e) (1) The department shall comply with the requirements of § 9-27-312 with regard to the giving of a notice and the setting of a hearing on a petition filed under subsection (d) of this section. (2) The department is immune from liability with respect to any conduct undertaken pursuant to this section unless it is determined that the department acted with actual malice. Acts 2007, No. 669, § 1; 2011, No. 1177, § 1.

(a) A person commits the offense of interference with custody if without lawful authority he or she knowingly takes, entices, or keeps, or aids, abets, hires, or otherwise procures another person to take, entice, or keep any minor from the custody of: (1) The parent of the minor including an unmarried woman having legal custody of an illegitimate child under § 9-10-113 ; (2) The guardian of the minor; (3) A public agency having lawful charge of the minor; or (4) Any other lawful custodian.

(1) The parent of the minor including an unmarried woman having legal custody of an illegitimate child under § 9-10-113 ;

(2) The guardian of the minor;

(3) A public agency having lawful charge of the minor; or

(4) Any other lawful custodian.

(b) Interference with custody is a Class C felony.

(c) (1) In every case prior to serving a warrant for arrest on a person charged with the offense of interference with custody, the police officer or other law enforcement officer shall inform the Department of Human Services of the circumstances of any minor named in the information or indictment as having been taken, enticed, or kept from the parent, guardian, or custodian in a manner constituting interference with custody. (2) A representative of the department shall be present with the arresting police officer or law enforcement officer to take the minor into temporary custody of the department pending further proceedings by a court of competent jurisdiction.

(1) In every case prior to serving a warrant for arrest on a person charged with the offense of interference with custody, the police officer or other law enforcement officer shall inform the Department of Human Services of the circumstances of any minor named in the information or indictment as having been taken, enticed, or kept from the parent, guardian, or custodian in a manner constituting interference with custody.

(2) A representative of the department shall be present with the arresting police officer or law enforcement officer to take the minor into temporary custody of the department pending further proceedings by a court of competent jurisdiction.

(d) (1) A court of competent jurisdiction shall determine the immediate custodial placement of any minor taken into custody by the department under subsection (c) of this section pursuant to a petition brought by the department to determine if there is probable cause to believe the minor may be: (A) Removed from the jurisdiction of the court; (B) Abandoned; or (C) Outside the immediate care or supervision of a person lawfully entitled to custody. (2) The court shall immediately give custody to the lawful custodian if it finds that the lawful custodian is present before the court.

(1) A court of competent jurisdiction shall determine the immediate custodial placement of any minor taken into custody by the department under subsection (c) of this section pursuant to a petition brought by the department to determine if there is probable cause to believe the minor may be: (A) Removed from the jurisdiction of the court; (B) Abandoned; or (C) Outside the immediate care or supervision of a person lawfully entitled to custody.

(A) Removed from the jurisdiction of the court;

(B) Abandoned; or

(C) Outside the immediate care or supervision of a person lawfully entitled to custody.

(2) The court shall immediately give custody to the lawful custodian if it finds that the lawful custodian is present before the court.

(e) (1) The department shall comply with the requirements of § 9-27-312 with regard to the giving of a notice and the setting of a hearing on a petition filed under subsection (d) of this section. (2) The department is immune from liability with respect to any conduct undertaken pursuant to this section unless it is determined that the department acted with actual malice.

(1) The department shall comply with the requirements of § 9-27-312 with regard to the giving of a notice and the setting of a hearing on a petition filed under subsection (d) of this section.

(2) The department is immune from liability with respect to any conduct undertaken pursuant to this section unless it is determined that the department acted with actual malice.

Acts 2007, No. 669, § 1; 2011, No. 1177, § 1.
Ark. Code Ann. § 5-3-402 — AR Code / Title 5 / Chapter 3 / Subchapter 4 / Section 5-3-402
Scope of conspiratorial relationship
Status: in_force

If an actor knows or could reasonably expect that a person with whom the actor conspires has himself or herself conspired or will conspire with another person to commit the same criminal offense, the actor is deemed to have conspired with the other person, whether or not the actor knows the other person's identity. Acts 1975, No. 280, § 708; A.S.A. 1947, § 41-708.

If an actor knows or could reasonably expect that a person with whom the actor conspires has himself or herself conspired or will conspire with another person to commit the same criminal offense, the actor is deemed to have conspired with the other person, whether or not the actor knows the other person's identity.

Acts 1975, No. 280, § 708; A.S.A. 1947, § 41-708.
Ark. Code Ann. § 5-74-202 — AR Code / Title 5 / Chapter 74 / Subchapter 2 / Section 5-74-202
Definitions
Status: in_force

As used in this subchapter: (1) "Crime of pecuniary gain" means any violation of Arkansas law that results, or was intended to result, in the defendant's receiving income, benefit, property, money, or anything of value; (2) "Crime of violence" means any violation of Arkansas law if a person purposely or knowingly causes, or threatens to cause, death or physical injury to another person, specifically including rape, § 5-14-103 ; (3) "Criminal gang, organization, or enterprise" means any group of three (3) or more individuals who commit a continuing series of two (2) or more predicate criminal offenses that are undertaken in concert with each other; and (4) "Predicate criminal offense" means any violation of Arkansas law that is a crime of violence or a crime of pecuniary gain. Acts 1994 (2nd Ex. Sess.), No. 33, § 2; 1994 (2nd Ex. Sess.), No. 34, § 2.

As used in this subchapter:

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

(2) "Crime of violence" means any violation of Arkansas law if a person purposely or knowingly causes, or threatens to cause, death or physical injury to another person, specifically including rape, § 5-14-103 ;

(3) "Criminal gang, organization, or enterprise" means any group of three (3) or more individuals who commit a continuing series of two (2) or more predicate criminal offenses that are undertaken in concert with each other; and

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

Acts 1994 (2nd Ex. Sess.), No. 33, § 2; 1994 (2nd Ex. Sess.), No. 34, § 2.
Ark. Code Ann. § 5-61-301 — AR Code / Title 5 / Chapter 61 / Subchapter 3 / Section 5-61-301
[See Note] Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Human Life Protection Act". Added by Act 2019, No. 180,§ 1. See section 2 ofAct 2019, No. 180 for effective date.

This subchapter shall be known and may be cited as the "Arkansas Human Life Protection Act".

Added by Act 2019, No. 180,§ 1. See section 2 ofAct 2019, No. 180 for effective date.
Ark. Code Ann. § 5-5-404 — AR Code / Title 5 / Chapter 5 / Subchapter 4 / Section 5-5-404
Receipts
Status: in_force

(a) (1) When any weapon or ammunition is transferred and delivered to the State Crime Laboratory, the laboratory shall provide a receipt to be signed by the transferor or donor and the laboratory officer or employee accepting the weapon or ammunition. (2) The receipt shall contain the following information: (A) A list of any weapon by type, make, and caliber; (B) The serial number of a weapon, when available; (C) The case number of the case in which the weapon was involved, when available; and (D) The type, caliber, and make of the ammunition, when available. (b) A copy of the receipt shall be retained by the laboratory and a copy of the receipt shall be delivered to the agency, individual, or other entity transferring or donating a weapon or ammunition. Acts 1995, No. 202, § 1.

(a) (1) When any weapon or ammunition is transferred and delivered to the State Crime Laboratory, the laboratory shall provide a receipt to be signed by the transferor or donor and the laboratory officer or employee accepting the weapon or ammunition. (2) The receipt shall contain the following information: (A) A list of any weapon by type, make, and caliber; (B) The serial number of a weapon, when available; (C) The case number of the case in which the weapon was involved, when available; and (D) The type, caliber, and make of the ammunition, when available.

(1) When any weapon or ammunition is transferred and delivered to the State Crime Laboratory, the laboratory shall provide a receipt to be signed by the transferor or donor and the laboratory officer or employee accepting the weapon or ammunition.

(2) The receipt shall contain the following information: (A) A list of any weapon by type, make, and caliber; (B) The serial number of a weapon, when available; (C) The case number of the case in which the weapon was involved, when available; and (D) The type, caliber, and make of the ammunition, when available.

(A) A list of any weapon by type, make, and caliber;

(B) The serial number of a weapon, when available;

(C) The case number of the case in which the weapon was involved, when available; and

(D) The type, caliber, and make of the ammunition, when available.

(b) A copy of the receipt shall be retained by the laboratory and a copy of the receipt shall be delivered to the agency, individual, or other entity transferring or donating a weapon or ammunition.

Acts 1995, No. 202, § 1.
Ark. Code Ann. § 5-39-401 — AR Code / Title 5 / Chapter 39 / Subchapter 4 / Section 5-39-401
Transferred
Status: repealed

Acts 1997, No. 1244, § 1; 2005, No. 1994, § 327; 2005, No. 2232, § 3; 2007, No. 265, § 1; 2009, No. 748, § 24.
Ark. Code Ann. § 5-39-214 — AR Code / Title 5 / Chapter 39 / Subchapter 2 / Section 5-39-214
Unauthorized entry of a school bus - Posting of warning on a school bus
Status: in_force

(a) As used in this section: (1) "Driver" means the operator of a school bus; and (2) "School bus" means any publicly or privately owned motor vehicle designed for transporting ten (10) or more passengers and operated for the transportation of children to or from school or a school activity. (b) A person over eighteen (18) years of age is guilty of a Class B misdemeanor if the person: (1) Enters a school bus with the intent to commit a criminal offense; (2) Enters a school bus and disregards an order or instruction of the driver; (3) (A) Enters a school bus and refuses to leave the school bus after being ordered to leave by the driver. (B) Subdivision (b)(3)(A) of this section does not apply if the person being asked to leave is: (i) A law enforcement officer acting within the scope of his or her authority as a peace officer; or (ii) Authorized by the school district to board the school bus as: (a) A student; or (b) An individual employed by the school district or volunteering as a participant in a school activity; (4) Intentionally causes or attempts to cause a disruption or an annoyance to another person on the bus; or (5) Recklessly engages in conduct that creates a substantial risk of creating apprehension in any person on the bus. (c) (1) Any school district or private school shall cause a sign to be placed on any school bus next to any entrance on the school bus warning that unauthorized entry of a school bus is a violation of state law. (2) The absence of a clearly legible sign on any school bus or next to any entrance on the school bus warning that unauthorized entry of a school bus is a violation of state law is not a defense to a violation of this section. Acts 2005, No. 247, § 1.

(a) As used in this section: (1) "Driver" means the operator of a school bus; and (2) "School bus" means any publicly or privately owned motor vehicle designed for transporting ten (10) or more passengers and operated for the transportation of children to or from school or a school activity.

(1) "Driver" means the operator of a school bus; and

(2) "School bus" means any publicly or privately owned motor vehicle designed for transporting ten (10) or more passengers and operated for the transportation of children to or from school or a school activity.

(b) A person over eighteen (18) years of age is guilty of a Class B misdemeanor if the person: (1) Enters a school bus with the intent to commit a criminal offense; (2) Enters a school bus and disregards an order or instruction of the driver; (3) (A) Enters a school bus and refuses to leave the school bus after being ordered to leave by the driver. (B) Subdivision (b)(3)(A) of this section does not apply if the person being asked to leave is: (i) A law enforcement officer acting within the scope of his or her authority as a peace officer; or (ii) Authorized by the school district to board the school bus as: (a) A student; or (b) An individual employed by the school district or volunteering as a participant in a school activity; (4) Intentionally causes or attempts to cause a disruption or an annoyance to another person on the bus; or (5) Recklessly engages in conduct that creates a substantial risk of creating apprehension in any person on the bus.

(1) Enters a school bus with the intent to commit a criminal offense;

(2) Enters a school bus and disregards an order or instruction of the driver;

(3) (A) Enters a school bus and refuses to leave the school bus after being ordered to leave by the driver. (B) Subdivision (b)(3)(A) of this section does not apply if the person being asked to leave is: (i) A law enforcement officer acting within the scope of his or her authority as a peace officer; or (ii) Authorized by the school district to board the school bus as: (a) A student; or (b) An individual employed by the school district or volunteering as a participant in a school activity;

(A) Enters a school bus and refuses to leave the school bus after being ordered to leave by the driver.

(B) Subdivision (b)(3)(A) of this section does not apply if the person being asked to leave is: (i) A law enforcement officer acting within the scope of his or her authority as a peace officer; or (ii) Authorized by the school district to board the school bus as: (a) A student; or (b) An individual employed by the school district or volunteering as a participant in a school activity;

(i) A law enforcement officer acting within the scope of his or her authority as a peace officer; or

(ii) Authorized by the school district to board the school bus as: (a) A student; or (b) An individual employed by the school district or volunteering as a participant in a school activity;

(a) A student; or

(b) An individual employed by the school district or volunteering as a participant in a school activity;

(4) Intentionally causes or attempts to cause a disruption or an annoyance to another person on the bus; or

(5) Recklessly engages in conduct that creates a substantial risk of creating apprehension in any person on the bus.

(c) (1) Any school district or private school shall cause a sign to be placed on any school bus next to any entrance on the school bus warning that unauthorized entry of a school bus is a violation of state law. (2) The absence of a clearly legible sign on any school bus or next to any entrance on the school bus warning that unauthorized entry of a school bus is a violation of state law is not a defense to a violation of this section.

(1) Any school district or private school shall cause a sign to be placed on any school bus next to any entrance on the school bus warning that unauthorized entry of a school bus is a violation of state law.

(2) The absence of a clearly legible sign on any school bus or next to any entrance on the school bus warning that unauthorized entry of a school bus is a violation of state law is not a defense to a violation of this section.

Acts 2005, No. 247, § 1.
Ark. Code Ann. § 5-27-305 — AR Code / Title 5 / Chapter 27 / Subchapter 3 / Section 5-27-305
Transportation of minors for prohibited sexual conduct
Status: in_force

(a) A person commits the offense of transportation of a minor for prohibited sexual conduct if the person transports, finances in whole or part the transportation of, or otherwise causes or facilitates the movement of any minor, and the actor: (1) Knows or has reason to know that prostitution or sexually explicit conduct involving the minor will be commercially exploited by any person; and (2) Acts with the purpose that the minor will engage in: (A) Prostitution; or (B) Sexually explicit conduct. (b) Transportation of a minor for prohibited sexual conduct is a Class Y felony. Amended by Act 2021, No. 1102,§ 4, eff. 7/28/2021. Acts 1979, No. 499, § 5; A.S.A. 1947, § 41-4205; Acts 2007, No. 248, § 1; 2009, No. 748, § 18.

(a) A person commits the offense of transportation of a minor for prohibited sexual conduct if the person transports, finances in whole or part the transportation of, or otherwise causes or facilitates the movement of any minor, and the actor: (1) Knows or has reason to know that prostitution or sexually explicit conduct involving the minor will be commercially exploited by any person; and (2) Acts with the purpose that the minor will engage in: (A) Prostitution; or (B) Sexually explicit conduct.

(1) Knows or has reason to know that prostitution or sexually explicit conduct involving the minor will be commercially exploited by any person; and

(2) Acts with the purpose that the minor will engage in: (A) Prostitution; or (B) Sexually explicit conduct.

(A) Prostitution; or

(B) Sexually explicit conduct.

(b) Transportation of a minor for prohibited sexual conduct is a Class Y felony.

Amended by Act 2021, No. 1102,§ 4, eff. 7/28/2021.

Acts 1979, No. 499, § 5; A.S.A. 1947, § 41-4205; Acts 2007, No. 248, § 1; 2009, No. 748, § 18.
Ark. Code Ann. § 5-51-207 — AR Code / Title 5 / Chapter 51 / Subchapter 2 / Section 5-51-207
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1348,§ 6, eff. 8/16/2013. Acts 1919, No. 64, §§ 1-3; C. & M. Dig., §§ 2315-2317; Pope's Dig., §§ 2941-2943; A.S.A. 1947, §§ 41-2971 -- 41-2973; Acts 1989, No. 842, § 1; 1989 (3rd Ex. Sess.), No. 75, § 1.

Repealed by Act 2013, No. 1348,§ 6, eff. 8/16/2013.

Acts 1919, No. 64, §§ 1-3; C. & M. Dig., §§ 2315-2317; Pope's Dig., §§ 2941-2943; A.S.A. 1947, §§ 41-2971 -- 41-2973; Acts 1989, No. 842, § 1; 1989 (3rd Ex. Sess.), No. 75, § 1.
Ark. Code Ann. § 5-71-218 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-218
Possession of open container containing alcohol in a motor vehicle
Status: in_force

(a) It is unlawful for a person to possess an open alcoholic beverage container within an area of a motor vehicle if the area of the motor vehicle is: (1) Designated to seat the driver or a passenger in the motor vehicle; or (2) Readily accessible to the driver or a passenger in the motor vehicle while in a seated position and the motor vehicle is located on a public highway or the right-of-way of a public highway. (b) It is not an offense under this section if the open alcoholic beverage container is possessed: (1) Outside of the passenger area of the motor vehicle or other area of the motor vehicle commonly used for the transportation of passengers, such as in the trunk or cargo area of the motor vehicle; (2) In a locked area of the motor vehicle, including without limitation a glove compartment or center console of the motor vehicle; (3) Behind the last upright seat or in an area not normally occupied by the driver or a passenger, in a motor vehicle that is not equipped with a trunk; or (4) By a passenger in the motor vehicle, but not the driver, as long as the open alcoholic beverage container is possessed within the living quarters of the motor vehicle or the area of the motor vehicle that is designated for passengers only, the open alcoholic beverage container is not readily accessible to the driver of the motor vehicle, and the motor vehicle is: (A) Designed, maintained, or used primarily for the transportation of persons for compensation; or (B) A recreational vehicle, motor home, or house trailer. (c) A violation of this section is a Class C misdemeanor. Amended by Act 2018EX2, No. 7,§ 2, eff. 7/24/2019. Amended by Act 2018EX2, No. 4,§ 2, eff. 7/24/2019. Added by Act 2017, No. 849,§ 1, eff. 8/1/2017.

(a) It is unlawful for a person to possess an open alcoholic beverage container within an area of a motor vehicle if the area of the motor vehicle is: (1) Designated to seat the driver or a passenger in the motor vehicle; or (2) Readily accessible to the driver or a passenger in the motor vehicle while in a seated position and the motor vehicle is located on a public highway or the right-of-way of a public highway.

(1) Designated to seat the driver or a passenger in the motor vehicle; or

(2) Readily accessible to the driver or a passenger in the motor vehicle while in a seated position and the motor vehicle is located on a public highway or the right-of-way of a public highway.

(b) It is not an offense under this section if the open alcoholic beverage container is possessed: (1) Outside of the passenger area of the motor vehicle or other area of the motor vehicle commonly used for the transportation of passengers, such as in the trunk or cargo area of the motor vehicle; (2) In a locked area of the motor vehicle, including without limitation a glove compartment or center console of the motor vehicle; (3) Behind the last upright seat or in an area not normally occupied by the driver or a passenger, in a motor vehicle that is not equipped with a trunk; or (4) By a passenger in the motor vehicle, but not the driver, as long as the open alcoholic beverage container is possessed within the living quarters of the motor vehicle or the area of the motor vehicle that is designated for passengers only, the open alcoholic beverage container is not readily accessible to the driver of the motor vehicle, and the motor vehicle is: (A) Designed, maintained, or used primarily for the transportation of persons for compensation; or (B) A recreational vehicle, motor home, or house trailer.

(1) Outside of the passenger area of the motor vehicle or other area of the motor vehicle commonly used for the transportation of passengers, such as in the trunk or cargo area of the motor vehicle;

(2) In a locked area of the motor vehicle, including without limitation a glove compartment or center console of the motor vehicle;

(3) Behind the last upright seat or in an area not normally occupied by the driver or a passenger, in a motor vehicle that is not equipped with a trunk; or

(4) By a passenger in the motor vehicle, but not the driver, as long as the open alcoholic beverage container is possessed within the living quarters of the motor vehicle or the area of the motor vehicle that is designated for passengers only, the open alcoholic beverage container is not readily accessible to the driver of the motor vehicle, and the motor vehicle is: (A) Designed, maintained, or used primarily for the transportation of persons for compensation; or (B) A recreational vehicle, motor home, or house trailer.

(A) Designed, maintained, or used primarily for the transportation of persons for compensation; or

(B) A recreational vehicle, motor home, or house trailer.

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

Amended by Act 2018EX2, No. 7,§ 2, eff. 7/24/2019.

Amended by Act 2018EX2, No. 4,§ 2, eff. 7/24/2019.

Added by Act 2017, No. 849,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 5-27-207 — AR Code / Title 5 / Chapter 27 / Subchapter 2 / Section 5-27-207
Endangering the welfare of a minor in the third degree
Status: in_force

(a) (1) A person commits the offense of endangering the welfare of a minor in the third degree if the person recklessly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be a minor. (2) As used in this section, "serious harm to the physical or mental welfare" means physical or mental injury that causes: (A) Protracted disfigurement; (B) Protracted impairment of physical or mental health; or (C) Loss or protracted impairment of the function of any bodily member or organ. (b) Endangering the welfare of a minor in the third degree is a Class B misdemeanor. Acts 2005, No. 2207, § 3.

(a) (1) A person commits the offense of endangering the welfare of a minor in the third degree if the person recklessly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be a minor. (2) As used in this section, "serious harm to the physical or mental welfare" means physical or mental injury that causes: (A) Protracted disfigurement; (B) Protracted impairment of physical or mental health; or (C) Loss or protracted impairment of the function of any bodily member or organ.

(1) A person commits the offense of endangering the welfare of a minor in the third degree if the person recklessly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be a minor.

(2) As used in this section, "serious harm to the physical or mental welfare" means physical or mental injury that causes: (A) Protracted disfigurement; (B) Protracted impairment of physical or mental health; or (C) Loss or protracted impairment of the function of any bodily member or organ.

(A) Protracted disfigurement;

(B) Protracted impairment of physical or mental health; or

(C) Loss or protracted impairment of the function of any bodily member or organ.

(b) Endangering the welfare of a minor in the third degree is a Class B misdemeanor.

Acts 2005, No. 2207, § 3.
Ark. Code Ann. § 5-68-405 — AR Code / Title 5 / Chapter 68 / Subchapter 4 / Section 5-68-405
Possession, sale, or distribution
Status: in_force

(a) A person that knowingly sends or causes to be sent or brings or causes to be brought into this state for sale or commercial distribution, or in this state prepares, publishes, sells, exhibits, loans at a library, or commercially distributes, or gives away or offers to give away or has in the person's possession with the purpose to sell or commercially distribute or to exhibit or to give away, obscene printed or written matter or material other than mailable matter, or any mailable matter known by the person to have been judicially found to be obscene under this subchapter, or that knowingly informs another of when, where, how, or from whom or by what means any of these things can be purchased or obtained, upon conviction is guilty of a Class D felony. (b) A person that knowingly has in the person's possession obscene printed or written matter or material other than mailable matter, or any mailable matter known by that person to have been judicially found to be obscene under this subchapter, upon conviction is guilty of a Class A misdemeanor. Amended by Act 2023, No. 372,§ 3, eff. 8/1/2023. Acts 1961, No. 261, § 4; A.S.A. 1947, § 41-3565; Acts 2005, No. 1994, § 430.

(a) A person that knowingly sends or causes to be sent or brings or causes to be brought into this state for sale or commercial distribution, or in this state prepares, publishes, sells, exhibits, loans at a library, or commercially distributes, or gives away or offers to give away or has in the person's possession with the purpose to sell or commercially distribute or to exhibit or to give away, obscene printed or written matter or material other than mailable matter, or any mailable matter known by the person to have been judicially found to be obscene under this subchapter, or that knowingly informs another of when, where, how, or from whom or by what means any of these things can be purchased or obtained, upon conviction is guilty of a Class D felony.

(b) A person that knowingly has in the person's possession obscene printed or written matter or material other than mailable matter, or any mailable matter known by that person to have been judicially found to be obscene under this subchapter, upon conviction is guilty of a Class A misdemeanor.

Amended by Act 2023, No. 372,§ 3, eff. 8/1/2023.

Acts 1961, No. 261, § 4; A.S.A. 1947, § 41-3565; Acts 2005, No. 1994, § 430.
Ark. Code Ann. § 5-5-501 — AR Code / Title 5 / Chapter 5 / Subchapter 5 / Section 5-5-501
Motor vehicle impoundment
Status: in_force

(a) An arresting law enforcement officer may impound the motor vehicle of a person arrested if: (1) The motor vehicle was used in the commission of an offense under § 5-70-101 et seq. by the person arrested; (2) The person arrested is the owner of the motor vehicle or the motor vehicle is being rented and the person arrested is the lessee; and (3) Either: (A) The person arrested has previously been convicted of an offense under § 5-70-101 et seq.; or (B) An ordinance under subsection (b) of this section is in effect and the offense was committed within an area designated under subsection (b) of this section. (b) (1) A local government may designate by ordinance an area within which a motor vehicle is subject to impoundment if a person using a motor vehicle is arrested for an offense under § 5-70-101 et seq. (2) The designation must be based on evidence indicating that the area has a disproportionately higher number of arrests for an offense under § 5-70-101 et seq. as compared to other areas within the same jurisdiction. (3) The local government shall post signs at the boundaries of the area to indicate that the area has been designated under this subsection. (c) (1) An impoundment of a motor vehicle under this section shall be in accordance with state law, and the impoundment shall be indicated as a "prostitution hold". (2) (A) Before redeeming the impounded motor vehicle, and in addition to all applicable impoundment, towing, and storage fees paid to the towing company as provided by law, an owner of an impounded motor vehicle shall pay an impoundment fee of five hundred dollars ($500) to the impounding law enforcement agency. (B) (i) Upon receipt of the impoundment fee paid under subdivision (c)(2)(A) of this section, the impounding law enforcement agency shall issue a written receipt to the owner of the impounded motor vehicle, which the owner shall provide to the towing company. (ii) The written receipt issued under subdivision (c)(2)(B)(i) of this section authorizes the towing company to release the impounded motor vehicle upon payment of all impoundment, towing, and storage fees. (iii) A towing company that relies on a forged receipt to release a motor vehicle impounded under this section is not liable to the impounding law enforcement agency for any unpaid impoundment fee under this subsection. (d) An impoundment fee assessed under this section shall be collected by the impounding law enforcement agency and remitted to the Human Trafficking Victim Support Fund on the first business day of each month. (e) (1) In a legal proceeding to contest the validity of an impoundment under this section in which the person substantially prevails, in which the person is found not guilty at trial for the offense or offenses for which the motor vehicle was impounded, or in which the charges for which the motor vehicle was impounded are dismissed, the person is entitled to a full refund of the impoundment, towing, and storage fees paid and the impounding fee paid under subsection (c) of this section. (2) A refund made under this subsection shall be paid by the impounding law enforcement agency. (3) Before receiving a refund under this subsection, the person must provide proof of payment of the fee for which he or she is claiming a refund. Added by Act 2017, No. 765,§ 1, eff. 8/1/2017.

(a) An arresting law enforcement officer may impound the motor vehicle of a person arrested if: (1) The motor vehicle was used in the commission of an offense under § 5-70-101 et seq. by the person arrested; (2) The person arrested is the owner of the motor vehicle or the motor vehicle is being rented and the person arrested is the lessee; and (3) Either: (A) The person arrested has previously been convicted of an offense under § 5-70-101 et seq.; or (B) An ordinance under subsection (b) of this section is in effect and the offense was committed within an area designated under subsection (b) of this section.

(1) The motor vehicle was used in the commission of an offense under § 5-70-101 et seq. by the person arrested;

(2) The person arrested is the owner of the motor vehicle or the motor vehicle is being rented and the person arrested is the lessee; and

(3) Either: (A) The person arrested has previously been convicted of an offense under § 5-70-101 et seq.; or (B) An ordinance under subsection (b) of this section is in effect and the offense was committed within an area designated under subsection (b) of this section.

(A) The person arrested has previously been convicted of an offense under § 5-70-101 et seq.; or

(B) An ordinance under subsection (b) of this section is in effect and the offense was committed within an area designated under subsection (b) of this section.

(b) (1) A local government may designate by ordinance an area within which a motor vehicle is subject to impoundment if a person using a motor vehicle is arrested for an offense under § 5-70-101 et seq. (2) The designation must be based on evidence indicating that the area has a disproportionately higher number of arrests for an offense under § 5-70-101 et seq. as compared to other areas within the same jurisdiction. (3) The local government shall post signs at the boundaries of the area to indicate that the area has been designated under this subsection.

(1) A local government may designate by ordinance an area within which a motor vehicle is subject to impoundment if a person using a motor vehicle is arrested for an offense under § 5-70-101 et seq.

(2) The designation must be based on evidence indicating that the area has a disproportionately higher number of arrests for an offense under § 5-70-101 et seq. as compared to other areas within the same jurisdiction.

(3) The local government shall post signs at the boundaries of the area to indicate that the area has been designated under this subsection.

(c) (1) An impoundment of a motor vehicle under this section shall be in accordance with state law, and the impoundment shall be indicated as a "prostitution hold". (2) (A) Before redeeming the impounded motor vehicle, and in addition to all applicable impoundment, towing, and storage fees paid to the towing company as provided by law, an owner of an impounded motor vehicle shall pay an impoundment fee of five hundred dollars ($500) to the impounding law enforcement agency. (B) (i) Upon receipt of the impoundment fee paid under subdivision (c)(2)(A) of this section, the impounding law enforcement agency shall issue a written receipt to the owner of the impounded motor vehicle, which the owner shall provide to the towing company. (ii) The written receipt issued under subdivision (c)(2)(B)(i) of this section authorizes the towing company to release the impounded motor vehicle upon payment of all impoundment, towing, and storage fees. (iii) A towing company that relies on a forged receipt to release a motor vehicle impounded under this section is not liable to the impounding law enforcement agency for any unpaid impoundment fee under this subsection.

(1) An impoundment of a motor vehicle under this section shall be in accordance with state law, and the impoundment shall be indicated as a "prostitution hold".

(2) (A) Before redeeming the impounded motor vehicle, and in addition to all applicable impoundment, towing, and storage fees paid to the towing company as provided by law, an owner of an impounded motor vehicle shall pay an impoundment fee of five hundred dollars ($500) to the impounding law enforcement agency. (B) (i) Upon receipt of the impoundment fee paid under subdivision (c)(2)(A) of this section, the impounding law enforcement agency shall issue a written receipt to the owner of the impounded motor vehicle, which the owner shall provide to the towing company. (ii) The written receipt issued under subdivision (c)(2)(B)(i) of this section authorizes the towing company to release the impounded motor vehicle upon payment of all impoundment, towing, and storage fees. (iii) A towing company that relies on a forged receipt to release a motor vehicle impounded under this section is not liable to the impounding law enforcement agency for any unpaid impoundment fee under this subsection.

(A) Before redeeming the impounded motor vehicle, and in addition to all applicable impoundment, towing, and storage fees paid to the towing company as provided by law, an owner of an impounded motor vehicle shall pay an impoundment fee of five hundred dollars ($500) to the impounding law enforcement agency.

(B) (i) Upon receipt of the impoundment fee paid under subdivision (c)(2)(A) of this section, the impounding law enforcement agency shall issue a written receipt to the owner of the impounded motor vehicle, which the owner shall provide to the towing company. (ii) The written receipt issued under subdivision (c)(2)(B)(i) of this section authorizes the towing company to release the impounded motor vehicle upon payment of all impoundment, towing, and storage fees. (iii) A towing company that relies on a forged receipt to release a motor vehicle impounded under this section is not liable to the impounding law enforcement agency for any unpaid impoundment fee under this subsection.

(i) Upon receipt of the impoundment fee paid under subdivision (c)(2)(A) of this section, the impounding law enforcement agency shall issue a written receipt to the owner of the impounded motor vehicle, which the owner shall provide to the towing company.

(ii) The written receipt issued under subdivision (c)(2)(B)(i) of this section authorizes the towing company to release the impounded motor vehicle upon payment of all impoundment, towing, and storage fees.

(iii) A towing company that relies on a forged receipt to release a motor vehicle impounded under this section is not liable to the impounding law enforcement agency for any unpaid impoundment fee under this subsection.

(d) An impoundment fee assessed under this section shall be collected by the impounding law enforcement agency and remitted to the Human Trafficking Victim Support Fund on the first business day of each month.

(e) (1) In a legal proceeding to contest the validity of an impoundment under this section in which the person substantially prevails, in which the person is found not guilty at trial for the offense or offenses for which the motor vehicle was impounded, or in which the charges for which the motor vehicle was impounded are dismissed, the person is entitled to a full refund of the impoundment, towing, and storage fees paid and the impounding fee paid under subsection (c) of this section. (2) A refund made under this subsection shall be paid by the impounding law enforcement agency. (3) Before receiving a refund under this subsection, the person must provide proof of payment of the fee for which he or she is claiming a refund.

(1) In a legal proceeding to contest the validity of an impoundment under this section in which the person substantially prevails, in which the person is found not guilty at trial for the offense or offenses for which the motor vehicle was impounded, or in which the charges for which the motor vehicle was impounded are dismissed, the person is entitled to a full refund of the impoundment, towing, and storage fees paid and the impounding fee paid under subsection (c) of this section.

(2) A refund made under this subsection shall be paid by the impounding law enforcement agency.

(3) Before receiving a refund under this subsection, the person must provide proof of payment of the fee for which he or she is claiming a refund.

Added by Act 2017, No. 765,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 5-65-102 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-102
Definitions
Status: in_force

As used in this chapter: (1) (A) "Controlled substance" means a drug, substance, or immediate precursor in Schedules I through VI. (B) The fact that any person charged with a violation of this chapter is or has been entitled to use that drug or controlled substance under the laws of this state does not constitute a defense against any charge of violating this chapter; (2) "Ignition interlock device" means a device that connects a motor vehicle ignition system to a breath-alcohol analyzer and prevents a motor vehicle ignition from starting if a driver's blood alcohol level exceeds the calibration setting on the device; (3) "Influence", with respect to an underage driver, means being controlled or affected by the ingestion of an alcoholic beverage or similar intoxicant, or any combination of an alcoholic beverage or similar intoxicant, to such a degree that the underage driver's reactions, motor skills, and judgment are altered or diminished, even to the slightest scale, and the underage driver, due to inexperience and lack of skill, constitutes a danger of physical injury or death to himself or herself or another person; (4) "Intoxicated" means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant, to such a degree that the driver's reactions, motor skills, and judgment are substantially altered and the driver, therefore, constitutes a clear and substantial danger of physical injury or death to himself or herself or another person; (5) (A) "Motorboat" means any vessel operated upon water and that is propelled by machinery, whether or not the machinery is the principal source of propulsion. (B) "Motorboat" includes personal watercraft as defined in § 27-101-103(10) ; (6) (A) "Motor vehicle" means a self-propelled, motorized vehicle capable of being operated on a roadway upon or in which a person or property is or may be transported or drawn upon a public or private road or public or private land. (B) "Motor vehicle" includes without limitation: (i) An all-terrain vehicle as defined under § 27-21-102 ; and (ii) A vehicle designed to be used for agricultural purposes, such as a tractor. (C) "Motor vehicle" does not include: (i) A motor vehicle designed to assist a person with a physical disability with walking; (ii) A motorized scooter or other vehicle designed to be used as a toy by a child; (iii) A bicycle equipped with a small motor designed to assist the bicycle operator and that is not operated at a speed greater than twenty miles per hour (20 m.p.h.); (iv) A riding lawnmower that is not operated on a public roadway; (v) An electric personal assistive mobility device that is designed to not be capable of a speed of more than twenty miles per hour (20 m.p.h.); or (vi) A device moved by human power or used exclusively upon stationary rails or tracks; (7) "Serious physical injury" means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ; (8) "Sworn report" means a signed and written statement of a certified law enforcement officer, under penalty of perjury, on a form provided by the Secretary of the Department of Finance and Administration; (9) "Underage" means any person who is under twenty-one (21) years of age; (10) "Victim impact statement" means a voluntary written or oral statement of a victim, or relative of a victim, who has sustained serious injury due to a violation of this chapter; and (11) "Waters of this state" means any public waters within the territorial limits of the State of Arkansas. Amended by Act 2019, No. 654,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3358, eff. 7/1/2019. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Acts 1983, No. 549, § 2; A.S.A. 1947, § 75-2502; Acts 1987, No. 765, § 1; 1997, No. 1325, § 1.

As used in this chapter:

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

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

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

(2) "Ignition interlock device" means a device that connects a motor vehicle ignition system to a breath-alcohol analyzer and prevents a motor vehicle ignition from starting if a driver's blood alcohol level exceeds the calibration setting on the device;

(3) "Influence", with respect to an underage driver, means being controlled or affected by the ingestion of an alcoholic beverage or similar intoxicant, or any combination of an alcoholic beverage or similar intoxicant, to such a degree that the underage driver's reactions, motor skills, and judgment are altered or diminished, even to the slightest scale, and the underage driver, due to inexperience and lack of skill, constitutes a danger of physical injury or death to himself or herself or another person;

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

(5) (A) "Motorboat" means any vessel operated upon water and that is propelled by machinery, whether or not the machinery is the principal source of propulsion. (B) "Motorboat" includes personal watercraft as defined in § 27-101-103(10) ;

(A) "Motorboat" means any vessel operated upon water and that is propelled by machinery, whether or not the machinery is the principal source of propulsion.

(B) "Motorboat" includes personal watercraft as defined in § 27-101-103(10) ;

(6) (A) "Motor vehicle" means a self-propelled, motorized vehicle capable of being operated on a roadway upon or in which a person or property is or may be transported or drawn upon a public or private road or public or private land. (B) "Motor vehicle" includes without limitation: (i) An all-terrain vehicle as defined under § 27-21-102 ; and (ii) A vehicle designed to be used for agricultural purposes, such as a tractor. (C) "Motor vehicle" does not include: (i) A motor vehicle designed to assist a person with a physical disability with walking; (ii) A motorized scooter or other vehicle designed to be used as a toy by a child; (iii) A bicycle equipped with a small motor designed to assist the bicycle operator and that is not operated at a speed greater than twenty miles per hour (20 m.p.h.); (iv) A riding lawnmower that is not operated on a public roadway; (v) An electric personal assistive mobility device that is designed to not be capable of a speed of more than twenty miles per hour (20 m.p.h.); or (vi) A device moved by human power or used exclusively upon stationary rails or tracks;

(A) "Motor vehicle" means a self-propelled, motorized vehicle capable of being operated on a roadway upon or in which a person or property is or may be transported or drawn upon a public or private road or public or private land.

(B) "Motor vehicle" includes without limitation: (i) An all-terrain vehicle as defined under § 27-21-102 ; and (ii) A vehicle designed to be used for agricultural purposes, such as a tractor.

(i) An all-terrain vehicle as defined under § 27-21-102 ; and

(ii) A vehicle designed to be used for agricultural purposes, such as a tractor.

(C) "Motor vehicle" does not include: (i) A motor vehicle designed to assist a person with a physical disability with walking; (ii) A motorized scooter or other vehicle designed to be used as a toy by a child; (iii) A bicycle equipped with a small motor designed to assist the bicycle operator and that is not operated at a speed greater than twenty miles per hour (20 m.p.h.); (iv) A riding lawnmower that is not operated on a public roadway; (v) An electric personal assistive mobility device that is designed to not be capable of a speed of more than twenty miles per hour (20 m.p.h.); or (vi) A device moved by human power or used exclusively upon stationary rails or tracks;

(i) A motor vehicle designed to assist a person with a physical disability with walking;

(ii) A motorized scooter or other vehicle designed to be used as a toy by a child;

(iii) A bicycle equipped with a small motor designed to assist the bicycle operator and that is not operated at a speed greater than twenty miles per hour (20 m.p.h.);

(iv) A riding lawnmower that is not operated on a public roadway;

(v) An electric personal assistive mobility device that is designed to not be capable of a speed of more than twenty miles per hour (20 m.p.h.); or

(vi) A device moved by human power or used exclusively upon stationary rails or tracks;

(7) "Serious physical injury" means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ;

(8) "Sworn report" means a signed and written statement of a certified law enforcement officer, under penalty of perjury, on a form provided by the Secretary of the Department of Finance and Administration;

(9) "Underage" means any person who is under twenty-one (21) years of age;

(10) "Victim impact statement" means a voluntary written or oral statement of a victim, or relative of a victim, who has sustained serious injury due to a violation of this chapter; and

(11) "Waters of this state" means any public waters within the territorial limits of the State of Arkansas.

Amended by Act 2019, No. 654,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3358, eff. 7/1/2019.

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

Acts 1983, No. 549, § 2; A.S.A. 1947, § 75-2502; Acts 1987, No. 765, § 1; 1997, No. 1325, § 1.
Ark. Code Ann. § 5-51-305 — AR Code / Title 5 / Chapter 51 / Subchapter 3 / Section 5-51-305
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1348,§ 7, eff. 8/16/2013. Acts 1941, No. 312, § 7; A.S.A. 1947, § 41-3964; Acts 2005, No. 1994, § 409.

Repealed by Act 2013, No. 1348,§ 7, eff. 8/16/2013.

Acts 1941, No. 312, § 7; A.S.A. 1947, § 41-3964; Acts 2005, No. 1994, § 409.
Ark. Code Ann. § 5-51-203 — AR Code / Title 5 / Chapter 51 / Subchapter 2 / Section 5-51-203
Usurping office
Status: in_force

If any person shall exercise or attempt to exercise the duties of any office created by the Arkansas Constitution and laws of this state without first being qualified in the manner prescribed by law for the discharge of the duties, the offender upon conviction is guilty of a Class D felony. Acts 1873, No. 15, § 2, p. 22; C. & M. Dig., § 2848; Pope's Dig., § 3575; A.S.A. 1947, § 41-3956; Acts 2005, No. 1994, § 423.

If any person shall exercise or attempt to exercise the duties of any office created by the Arkansas Constitution and laws of this state without first being qualified in the manner prescribed by law for the discharge of the duties, the offender upon conviction is guilty of a Class D felony.

Acts 1873, No. 15, § 2, p. 22; C. & M. Dig., § 2848; Pope's Dig., § 3575; A.S.A. 1947, § 41-3956; Acts 2005, No. 1994, § 423.