Ark. Code Ann. § 5-4-102 — AR Code / Title 5 / Chapter 4 / Subchapter 1 / Section 5-4-102
Presentence investigation
Status: in_force

(a) If punishment is fixed by the court, the court may order a presentence investigation before imposing sentence. (b) (1) The presentence investigation should be conducted by a presentence officer or another person designated by the court and should include an analysis of: (A) The circumstances surrounding the commission of the offense; (B) The defendant's history of delinquency or criminality, physical and mental condition, family situation and background, economic status, education, occupation, and personal habits; and (C) Any other matter that the investigator deems relevant or the court directs to be included. (2) In a case involving a violation of § 5-11-106 in which a minor was unlawfully detained, restrained, taken, enticed, or kept, the presentence investigation shall include ascertaining the expenses incurred by a law enforcement agency, the Department of Human Services, and the lawful custodian in searching for and returning the minor to the lawful custodian. (c) (1) Before imposing sentence, the court may order the defendant to submit to psychiatric examination and evaluation for a period not to exceed thirty (30) days. (2) The defendant may be remanded for psychiatric examination and evaluation to the Arkansas State Hospital, or the court may appoint a qualified psychiatrist to make the psychiatric examination and evaluation. (d) (1) Before imposing sentence, the court shall advise the defendant or his or her counsel of the factual contents and conclusions of any presentence investigation or psychiatric examination and evaluation and afford fair opportunity, if the defendant so requests, to controvert the factual contents and conclusions. (2) A source of confidential information does not need to be disclosed. (e) If the defendant is sentenced to imprisonment, a copy of the report of any presentence investigation or psychiatric examination or evaluation shall be transmitted immediately to the Division of Correction or, when the defendant is committed to the custody of a specific institution, to that specific institution. Amended by Act 2019, No. 910,§ 647, eff. 7/1/2019. Acts 1975, No. 280, § 804; A.S.A. 1947, § 41-804; Acts 1987, No. 487, § 2.

(a) If punishment is fixed by the court, the court may order a presentence investigation before imposing sentence.

(b) (1) The presentence investigation should be conducted by a presentence officer or another person designated by the court and should include an analysis of: (A) The circumstances surrounding the commission of the offense; (B) The defendant's history of delinquency or criminality, physical and mental condition, family situation and background, economic status, education, occupation, and personal habits; and (C) Any other matter that the investigator deems relevant or the court directs to be included. (2) In a case involving a violation of § 5-11-106 in which a minor was unlawfully detained, restrained, taken, enticed, or kept, the presentence investigation shall include ascertaining the expenses incurred by a law enforcement agency, the Department of Human Services, and the lawful custodian in searching for and returning the minor to the lawful custodian.

(1) The presentence investigation should be conducted by a presentence officer or another person designated by the court and should include an analysis of: (A) The circumstances surrounding the commission of the offense; (B) The defendant's history of delinquency or criminality, physical and mental condition, family situation and background, economic status, education, occupation, and personal habits; and (C) Any other matter that the investigator deems relevant or the court directs to be included.

(A) The circumstances surrounding the commission of the offense;

(B) The defendant's history of delinquency or criminality, physical and mental condition, family situation and background, economic status, education, occupation, and personal habits; and

(C) Any other matter that the investigator deems relevant or the court directs to be included.

(2) In a case involving a violation of § 5-11-106 in which a minor was unlawfully detained, restrained, taken, enticed, or kept, the presentence investigation shall include ascertaining the expenses incurred by a law enforcement agency, the Department of Human Services, and the lawful custodian in searching for and returning the minor to the lawful custodian.

(c) (1) Before imposing sentence, the court may order the defendant to submit to psychiatric examination and evaluation for a period not to exceed thirty (30) days. (2) The defendant may be remanded for psychiatric examination and evaluation to the Arkansas State Hospital, or the court may appoint a qualified psychiatrist to make the psychiatric examination and evaluation.

(1) Before imposing sentence, the court may order the defendant to submit to psychiatric examination and evaluation for a period not to exceed thirty (30) days.

(2) The defendant may be remanded for psychiatric examination and evaluation to the Arkansas State Hospital, or the court may appoint a qualified psychiatrist to make the psychiatric examination and evaluation.

(d) (1) Before imposing sentence, the court shall advise the defendant or his or her counsel of the factual contents and conclusions of any presentence investigation or psychiatric examination and evaluation and afford fair opportunity, if the defendant so requests, to controvert the factual contents and conclusions. (2) A source of confidential information does not need to be disclosed.

(1) Before imposing sentence, the court shall advise the defendant or his or her counsel of the factual contents and conclusions of any presentence investigation or psychiatric examination and evaluation and afford fair opportunity, if the defendant so requests, to controvert the factual contents and conclusions.

(2) A source of confidential information does not need to be disclosed.

(e) If the defendant is sentenced to imprisonment, a copy of the report of any presentence investigation or psychiatric examination or evaluation shall be transmitted immediately to the Division of Correction or, when the defendant is committed to the custody of a specific institution, to that specific institution.

Amended by Act 2019, No. 910,§ 647, eff. 7/1/2019.

Acts 1975, No. 280, § 804; A.S.A. 1947, § 41-804; Acts 1987, No. 487, § 2.
Ark. Code Ann. § 5-52-108 — AR Code / Title 5 / Chapter 52 / Section 5-52-108
Compensation for speeches and appearances
Status: in_force

(a) Except for the compensation a member of the General Assembly is entitled to from the State of Arkansas for the performance of his or her duties, no member shall solicit or accept compensation for speeches or other appearances before a group of persons unless the appearance is made as part of the normal course of business in the legislative member's private occupation. (b) For the purpose of this section, "compensation" means any money or anything of value received or to be received as a claim for services, whether in the form of a retainer, fee, salary, expense, allowance, honorarium, forbearance, forgiveness, interest, dividend, royalty, rent, or any other form of recompense or any combination thereof. "Compensation" does not include payments received for food, lodging, or travel which bears a relationship to a legislative member's office when such member is appearing in an official capacity. (c) Any person who knowingly or willfully violates this section shall upon conviction be guilty of a Class A misdemeanor. Init. Meas. 1990, No. 1, § 8; 2005, No. 1994, § 221.

(a) Except for the compensation a member of the General Assembly is entitled to from the State of Arkansas for the performance of his or her duties, no member shall solicit or accept compensation for speeches or other appearances before a group of persons unless the appearance is made as part of the normal course of business in the legislative member's private occupation.

(b) For the purpose of this section, "compensation" means any money or anything of value received or to be received as a claim for services, whether in the form of a retainer, fee, salary, expense, allowance, honorarium, forbearance, forgiveness, interest, dividend, royalty, rent, or any other form of recompense or any combination thereof. "Compensation" does not include payments received for food, lodging, or travel which bears a relationship to a legislative member's office when such member is appearing in an official capacity.

(c) Any person who knowingly or willfully violates this section shall upon conviction be guilty of a Class A misdemeanor.

Init. Meas. 1990, No. 1, § 8; 2005, No. 1994, § 221.
Ark. Code Ann. § 5-1-113 — AR Code / Title 5 / Chapter 1 / Section 5-1-113
Affirmative defense - Former prosecution for different offense
Status: in_force

A former prosecution is an affirmative defense to a subsequent prosecution for a different offense under the following circumstances: (1) The former prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112 , and the subsequent prosecution is for: (A) Any offense of which the defendant could have been convicted in the first prosecution; or (B) An offense based on the same conduct, unless: (i) The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or (ii) The second offense was not consummated when the former trial began; (2) The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and that necessarily required a determination inconsistent with a fact that must be established for conviction of the second offense; or (3) The former prosecution was terminated under the circumstances described in § 5-1-112 and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been terminated. Acts 1975, No. 280, § 107; A.S.A. 1947, § 41-107.

A former prosecution is an affirmative defense to a subsequent prosecution for a different offense under the following circumstances:

(1) The former prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112 , and the subsequent prosecution is for: (A) Any offense of which the defendant could have been convicted in the first prosecution; or (B) An offense based on the same conduct, unless: (i) The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or (ii) The second offense was not consummated when the former trial began;

(A) Any offense of which the defendant could have been convicted in the first prosecution; or

(B) An offense based on the same conduct, unless: (i) The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or (ii) The second offense was not consummated when the former trial began;

(i) The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or

(ii) The second offense was not consummated when the former trial began;

(2) The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and that necessarily required a determination inconsistent with a fact that must be established for conviction of the second offense; or

(3) The former prosecution was terminated under the circumstances described in § 5-1-112 and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been terminated.

Acts 1975, No. 280, § 107; A.S.A. 1947, § 41-107.
Ark. Code Ann. § 5-38-202 — AR Code / Title 5 / Chapter 38 / Subchapter 2 / Section 5-38-202
Causing a catastrophe - Threatening to cause a catastrophe
Status: in_force

(a) (1) A person commits the offense of causing a catastrophe if he or she knowingly causes a catastrophe by: (A) Explosion; (B) Fire; (C) Flood; (D) Avalanche; (E) Collapse of building; (F) Distribution of a poison, radioactive material, bacteria, or virus; or (G) Another dangerous and difficult to confine force or substance. (2) Causing a catastrophe is a Class Y felony. (b) (1) A person commits the offense of threatening to cause a catastrophe if he or she: (A) Contacts any person, company, corporation, or governmental entity; and (B) Threatens to cause a catastrophe by explosion, fire, flood, avalanche, collapse of building, release of a poison, radioactive material, bacteria, or virus, or another dangerous and difficult to confine force or substance, unless: (i) Paid a sum of money or any type of property; or (ii) The person, company, corporation, or governmental entity performs a requested act. (2) Threatening to cause a catastrophe is a Class D felony. (c) In addition to any other restitution ordered under § 5-4-205 , a court may order that a person who violates this section make restitution to the state or any political subdivision of the state for any cleanup costs associated with the commission of the offense. Acts 1975, No. 280, § 1905; 1983, No. 689, § 1; 1983, No. 815, § 1; A.S.A. 1947, § 41-1905; Acts 2003, No. 1342, § 2.

(a) (1) A person commits the offense of causing a catastrophe if he or she knowingly causes a catastrophe by: (A) Explosion; (B) Fire; (C) Flood; (D) Avalanche; (E) Collapse of building; (F) Distribution of a poison, radioactive material, bacteria, or virus; or (G) Another dangerous and difficult to confine force or substance. (2) Causing a catastrophe is a Class Y felony.

(1) A person commits the offense of causing a catastrophe if he or she knowingly causes a catastrophe by: (A) Explosion; (B) Fire; (C) Flood; (D) Avalanche; (E) Collapse of building; (F) Distribution of a poison, radioactive material, bacteria, or virus; or (G) Another dangerous and difficult to confine force or substance.

(A) Explosion;

(B) Fire;

(C) Flood;

(D) Avalanche;

(E) Collapse of building;

(F) Distribution of a poison, radioactive material, bacteria, or virus; or

(G) Another dangerous and difficult to confine force or substance.

(2) Causing a catastrophe is a Class Y felony.

(b) (1) A person commits the offense of threatening to cause a catastrophe if he or she: (A) Contacts any person, company, corporation, or governmental entity; and (B) Threatens to cause a catastrophe by explosion, fire, flood, avalanche, collapse of building, release of a poison, radioactive material, bacteria, or virus, or another dangerous and difficult to confine force or substance, unless: (i) Paid a sum of money or any type of property; or (ii) The person, company, corporation, or governmental entity performs a requested act. (2) Threatening to cause a catastrophe is a Class D felony.

(1) A person commits the offense of threatening to cause a catastrophe if he or she: (A) Contacts any person, company, corporation, or governmental entity; and (B) Threatens to cause a catastrophe by explosion, fire, flood, avalanche, collapse of building, release of a poison, radioactive material, bacteria, or virus, or another dangerous and difficult to confine force or substance, unless: (i) Paid a sum of money or any type of property; or (ii) The person, company, corporation, or governmental entity performs a requested act.

(A) Contacts any person, company, corporation, or governmental entity; and

(B) Threatens to cause a catastrophe by explosion, fire, flood, avalanche, collapse of building, release of a poison, radioactive material, bacteria, or virus, or another dangerous and difficult to confine force or substance, unless: (i) Paid a sum of money or any type of property; or (ii) The person, company, corporation, or governmental entity performs a requested act.

(i) Paid a sum of money or any type of property; or

(ii) The person, company, corporation, or governmental entity performs a requested act.

(2) Threatening to cause a catastrophe is a Class D felony.

(c) In addition to any other restitution ordered under § 5-4-205 , a court may order that a person who violates this section make restitution to the state or any political subdivision of the state for any cleanup costs associated with the commission of the offense.

Acts 1975, No. 280, § 1905; 1983, No. 689, § 1; 1983, No. 815, § 1; A.S.A. 1947, § 41-1905; Acts 2003, No. 1342, § 2.
Ark. Code Ann. § 5-10-201 — AR Code / Title 5 / Chapter 10 / Subchapter 2 / Section 5-10-201
Definitions
Status: in_force

As used as this subchapter: (1) "Cocaine" includes without limitation cocaine, an analog of cocaine that is a cocaine-related controlled substance, and any chemical structure modification to cocaine or a cocaine analog, including without limitation the isomers, esters, ethers, and salts of cocaine; (2) "Controlled substance" means the same as defined in § 5-64-101 ; (3) (A) "Convey" means to provide to a person or cause to pass from a person to another person a controlled substance or counterfeit substance. (B) "Convey" does not include a person providing prescription medication in good faith to a family member within the third degree of consanguinity for the purpose of providing short-term relief for a medical condition or physical injury; (4) "Counterfeit substance" means the same as defined in § 5-64-101 ; (5) "Deliver" or "delivery" means the same as defined in § 5-64-101 ; (6) "Dispense" means the same as defined in § 5-64-101 ; (7) "Fentanyl" means the same as defined in § 5-64-101 ; (8) "Heroin" includes without limitation heroin, an analog of heroin that is a heroin-related controlled substance, and any chemical structure modification to heroin or a heroin analog, including without limitation the isomers, esters, ethers, and salts of heroin; (9) "Methamphetamine" includes without limitation methamphetamine, an analog of methamphetamine that is a methamphetamine-related controlled substance, and any chemical structure modification to methamphetamine or a methamphetamine analog, including without limitation the isomers, esters, ethers, and salts of methamphetamine; (10) "Minor" means a person who is younger than eighteen (18) years of age; and (11) "Practitioner" means the same as defined in § 5-64-101 . Added by Act 2023, No. 584,§ 2, eff. 4/11/2023. Act 2023, No. 584provides that This act shall be known and may be cited as the "Fentanyl Enforcement and Accountability Act of 2023".

As used as this subchapter:

(1) "Cocaine" includes without limitation cocaine, an analog of cocaine that is a cocaine-related controlled substance, and any chemical structure modification to cocaine or a cocaine analog, including without limitation the isomers, esters, ethers, and salts of cocaine;

(2) "Controlled substance" means the same as defined in § 5-64-101 ;

(3) (A) "Convey" means to provide to a person or cause to pass from a person to another person a controlled substance or counterfeit substance. (B) "Convey" does not include a person providing prescription medication in good faith to a family member within the third degree of consanguinity for the purpose of providing short-term relief for a medical condition or physical injury;

(A) "Convey" means to provide to a person or cause to pass from a person to another person a controlled substance or counterfeit substance.

(B) "Convey" does not include a person providing prescription medication in good faith to a family member within the third degree of consanguinity for the purpose of providing short-term relief for a medical condition or physical injury;

(4) "Counterfeit substance" means the same as defined in § 5-64-101 ;

(5) "Deliver" or "delivery" means the same as defined in § 5-64-101 ;

(6) "Dispense" means the same as defined in § 5-64-101 ;

(7) "Fentanyl" means the same as defined in § 5-64-101 ;

(8) "Heroin" includes without limitation heroin, an analog of heroin that is a heroin-related controlled substance, and any chemical structure modification to heroin or a heroin analog, including without limitation the isomers, esters, ethers, and salts of heroin;

(9) "Methamphetamine" includes without limitation methamphetamine, an analog of methamphetamine that is a methamphetamine-related controlled substance, and any chemical structure modification to methamphetamine or a methamphetamine analog, including without limitation the isomers, esters, ethers, and salts of methamphetamine;

(10) "Minor" means a person who is younger than eighteen (18) years of age; and

(11) "Practitioner" means the same as defined in § 5-64-101 .

Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.

Act 2023, No. 584provides that This act shall be known and may be cited as the "Fentanyl Enforcement and Accountability Act of 2023".
Ark. Code Ann. § 5-13-203 — AR Code / Title 5 / Chapter 13 / Subchapter 2 / Section 5-13-203
Battery in the third degree
Status: in_force

(a) A person commits battery in the third degree if: (1) With the purpose of causing physical injury to another person, the person causes physical injury to any person; (2) The person recklessly causes physical injury to another person; (3) The person negligently causes physical injury to another person by means of a deadly weapon; (4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to another person by administering to the other person, without the other person's consent, any drug or other substance; or (5) The person knowingly causes physical contact with a first responder by spitting, throwing, or otherwise transferring bodily fluids, pathogens, or human waste onto the person of the first responder. (b) (1) Battery in the third degree under subdivisions (a)(1)-(4) of this section is a Class A misdemeanor. (2) Battery in the third degree under subdivision (a)(5) of this section is a Class A misdemeanor with a mandatory fine of two thousand five hundred dollars ($2,500) and a mandatory minimum sentence of at least thirty (30) days of imprisonment for which the defendant is required to serve at least thirty (30) days before being released from imprisonment. Amended by Act 2021, No. 1014,§ 2, eff. 7/28/2021. Acts 1975, No. 280, § 1603; A.S.A. 1947, § 41-1603.

(a) A person commits battery in the third degree if: (1) With the purpose of causing physical injury to another person, the person causes physical injury to any person; (2) The person recklessly causes physical injury to another person; (3) The person negligently causes physical injury to another person by means of a deadly weapon; (4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to another person by administering to the other person, without the other person's consent, any drug or other substance; or (5) The person knowingly causes physical contact with a first responder by spitting, throwing, or otherwise transferring bodily fluids, pathogens, or human waste onto the person of the first responder.

(1) With the purpose of causing physical injury to another person, the person causes physical injury to any person;

(2) The person recklessly causes physical injury to another person;

(3) The person negligently causes physical injury to another person by means of a deadly weapon;

(4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to another person by administering to the other person, without the other person's consent, any drug or other substance; or

(5) The person knowingly causes physical contact with a first responder by spitting, throwing, or otherwise transferring bodily fluids, pathogens, or human waste onto the person of the first responder.

(b) (1) Battery in the third degree under subdivisions (a)(1)-(4) of this section is a Class A misdemeanor. (2) Battery in the third degree under subdivision (a)(5) of this section is a Class A misdemeanor with a mandatory fine of two thousand five hundred dollars ($2,500) and a mandatory minimum sentence of at least thirty (30) days of imprisonment for which the defendant is required to serve at least thirty (30) days before being released from imprisonment.

(1) Battery in the third degree under subdivisions (a)(1)-(4) of this section is a Class A misdemeanor.

(2) Battery in the third degree under subdivision (a)(5) of this section is a Class A misdemeanor with a mandatory fine of two thousand five hundred dollars ($2,500) and a mandatory minimum sentence of at least thirty (30) days of imprisonment for which the defendant is required to serve at least thirty (30) days before being released from imprisonment.

Amended by Act 2021, No. 1014,§ 2, eff. 7/28/2021.

Acts 1975, No. 280, § 1603; A.S.A. 1947, § 41-1603.
Ark. Code Ann. § 5-2-503 — AR Code / Title 5 / Chapter 2 / Subchapter 5 / Section 5-2-503
Liability of agents
Status: in_force

(a) A person is criminally liable for any conduct constituting an offense that he or she performs or causes to be performed in the name of or in behalf of an organization to the same extent as if that conduct were performed in his or her own name or behalf. (b) (1) When a duty to act or refrain from acting is imposed by law upon an organization, any agent of the organization having primary responsibility for the discharge of the duty is criminally liable for a reckless performance or omission to perform the required act to the same extent as if the duty were imposed by law directly upon the agent. (2) A person convicted of an offense by reason of his or her criminal liability for the conduct of an organization is not subject to the sentence authorized by § 5-4-201(e) . Acts 1975, No. 280, § 403; A.S.A. 1947, § 41-403.

(a) A person is criminally liable for any conduct constituting an offense that he or she performs or causes to be performed in the name of or in behalf of an organization to the same extent as if that conduct were performed in his or her own name or behalf.

(b) (1) When a duty to act or refrain from acting is imposed by law upon an organization, any agent of the organization having primary responsibility for the discharge of the duty is criminally liable for a reckless performance or omission to perform the required act to the same extent as if the duty were imposed by law directly upon the agent. (2) A person convicted of an offense by reason of his or her criminal liability for the conduct of an organization is not subject to the sentence authorized by § 5-4-201(e) .

(1) When a duty to act or refrain from acting is imposed by law upon an organization, any agent of the organization having primary responsibility for the discharge of the duty is criminally liable for a reckless performance or omission to perform the required act to the same extent as if the duty were imposed by law directly upon the agent.

(2) A person convicted of an offense by reason of his or her criminal liability for the conduct of an organization is not subject to the sentence authorized by § 5-4-201(e) .

Acts 1975, No. 280, § 403; A.S.A. 1947, § 41-403.
Ark. Code Ann. § 5-71-206 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-206
Failure to disperse
Status: in_force

(a) A person commits the offense of failure to disperse if, during a riot or an unlawful assembly, he or she refuses or knowingly fails to disperse when ordered to disperse by a law enforcement officer or other person engaged in enforcing or executing the law. (b) It is a defense to a prosecution under this section that the actor was a news reporter or other person observing or recording the events on behalf of the news media not knowingly obstructing efforts by a law enforcement officer or other person engaged in enforcing or executing the law to control or abate the riot or unlawful assembly. (c) Failure to disperse is a Class C misdemeanor. Acts 1975, No. 280, § 2907; A.S.A. 1947, § 41-2907.

(a) A person commits the offense of failure to disperse if, during a riot or an unlawful assembly, he or she refuses or knowingly fails to disperse when ordered to disperse by a law enforcement officer or other person engaged in enforcing or executing the law.

(b) It is a defense to a prosecution under this section that the actor was a news reporter or other person observing or recording the events on behalf of the news media not knowingly obstructing efforts by a law enforcement officer or other person engaged in enforcing or executing the law to control or abate the riot or unlawful assembly.

(c) Failure to disperse is a Class C misdemeanor.

Acts 1975, No. 280, § 2907; A.S.A. 1947, § 41-2907.
Ark. Code Ann. § 5-73-112 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-112
Certification by a chief law enforcement officer regarding receipt or manufacture of a firearm
Status: in_force

(a) As used in this section: (1) "Certification" means the participation and assent of the chief law enforcement officer or his or her designee necessary under federal law for the approval of an application to transfer or manufacture a firearm; and (2) "Firearm" means the same as defined in § 5845(a) of the National Firearms Act, 26 U.S.C. § 5801 et seq. as it existed on January 1, 2015. (b) (1) When certification by the chief law enforcement officer of a jurisdiction is required by federal law or regulation for the transfer or manufacture of a firearm within fifteen (15) days of receipt of a request for certification, the chief law enforcement officer or his or her designee shall provide the certification if the applicant is not prohibited by law from receiving or manufacturing the firearm or is not the subject of a proceeding that could result in the applicant's being prohibited by law from receiving or manufacturing the firearm. (2) If the applicant is prohibited by law from receiving or manufacturing the firearm or is the subject of a proceeding that could result in a prohibition against his or her receiving or manufacturing the firearm, the chief law enforcement officer or his or her designee shall provide written notification to the applicant that states the reasons for his or her findings and that the certification is denied. (c) (1) An applicant whose request for certification is denied may appeal the denial to the circuit court where the applicant resides. (2) The circuit court shall review the denial de novo. (3) If the circuit court finds that the applicant is not prohibited by law from receiving or manufacturing the firearm or is not the subject of a proceeding that could result in a prohibition against his or her receiving or manufacturing the firearm, the circuit court shall order the chief law enforcement officer to issue the certification to the applicant. (d) Except as provided in subdivision (c)(3) of this section, the chief law enforcement officer of a jurisdiction and his or her employees who act in good faith are immune from civil liability arising from any act or omission in making a certification under this section. Added by Act 2015, No. 720,§ 1, eff. 7/22/2015.

(a) As used in this section: (1) "Certification" means the participation and assent of the chief law enforcement officer or his or her designee necessary under federal law for the approval of an application to transfer or manufacture a firearm; and (2) "Firearm" means the same as defined in § 5845(a) of the National Firearms Act, 26 U.S.C. § 5801 et seq. as it existed on January 1, 2015.

(1) "Certification" means the participation and assent of the chief law enforcement officer or his or her designee necessary under federal law for the approval of an application to transfer or manufacture a firearm; and

(2) "Firearm" means the same as defined in § 5845(a) of the National Firearms Act, 26 U.S.C. § 5801 et seq. as it existed on January 1, 2015.

(b) (1) When certification by the chief law enforcement officer of a jurisdiction is required by federal law or regulation for the transfer or manufacture of a firearm within fifteen (15) days of receipt of a request for certification, the chief law enforcement officer or his or her designee shall provide the certification if the applicant is not prohibited by law from receiving or manufacturing the firearm or is not the subject of a proceeding that could result in the applicant's being prohibited by law from receiving or manufacturing the firearm. (2) If the applicant is prohibited by law from receiving or manufacturing the firearm or is the subject of a proceeding that could result in a prohibition against his or her receiving or manufacturing the firearm, the chief law enforcement officer or his or her designee shall provide written notification to the applicant that states the reasons for his or her findings and that the certification is denied.

(1) When certification by the chief law enforcement officer of a jurisdiction is required by federal law or regulation for the transfer or manufacture of a firearm within fifteen (15) days of receipt of a request for certification, the chief law enforcement officer or his or her designee shall provide the certification if the applicant is not prohibited by law from receiving or manufacturing the firearm or is not the subject of a proceeding that could result in the applicant's being prohibited by law from receiving or manufacturing the firearm.

(2) If the applicant is prohibited by law from receiving or manufacturing the firearm or is the subject of a proceeding that could result in a prohibition against his or her receiving or manufacturing the firearm, the chief law enforcement officer or his or her designee shall provide written notification to the applicant that states the reasons for his or her findings and that the certification is denied.

(c) (1) An applicant whose request for certification is denied may appeal the denial to the circuit court where the applicant resides. (2) The circuit court shall review the denial de novo. (3) If the circuit court finds that the applicant is not prohibited by law from receiving or manufacturing the firearm or is not the subject of a proceeding that could result in a prohibition against his or her receiving or manufacturing the firearm, the circuit court shall order the chief law enforcement officer to issue the certification to the applicant.

(1) An applicant whose request for certification is denied may appeal the denial to the circuit court where the applicant resides.

(2) The circuit court shall review the denial de novo.

(3) If the circuit court finds that the applicant is not prohibited by law from receiving or manufacturing the firearm or is not the subject of a proceeding that could result in a prohibition against his or her receiving or manufacturing the firearm, the circuit court shall order the chief law enforcement officer to issue the certification to the applicant.

(d) Except as provided in subdivision (c)(3) of this section, the chief law enforcement officer of a jurisdiction and his or her employees who act in good faith are immune from civil liability arising from any act or omission in making a certification under this section.

Added by Act 2015, No. 720,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 5-2-609 — AR Code / Title 5 / Chapter 2 / Subchapter 6 / Section 5-2-609
Use of physical force in defense of property
Status: in_force

A person is justified in using nondeadly physical force upon another person when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to prevent or terminate the other person's: (1) Commission or attempted commission of theft or criminal mischief; or (2) Subsequent flight from the commission or attempted commission of theft or criminal mischief. Acts 1975, No. 280, § 509; A.S.A. 1947, § 41-509; Acts 2003, No. 1090, § 1.

A person is justified in using nondeadly physical force upon another person when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to prevent or terminate the other person's:

(1) Commission or attempted commission of theft or criminal mischief; or

(2) Subsequent flight from the commission or attempted commission of theft or criminal mischief.

Acts 1975, No. 280, § 509; A.S.A. 1947, § 41-509; Acts 2003, No. 1090, § 1.
Ark. Code Ann. § 5-27-201 — AR Code / Title 5 / Chapter 27 / Subchapter 2 / Section 5-27-201
Endangering the welfare of an incompetent person in the first degree
Status: in_force

(a) A person commits the offense of endangering the welfare of an incompetent person in the first degree if, being a parent, guardian, person legally charged with care or custody of an incompetent person, or a person charged with supervision of an incompetent person, he or she purposely: (1) Engages in conduct creating a substantial risk of death or serious physical injury to an incompetent person; or (2) Deserts the incompetent person under circumstances creating a substantial risk of death or serious physical injury. (b) Endangering the welfare of an incompetent person in the first degree is a Class D felony. Acts 1975, No. 280, § 2409; A.S.A. 1947, § 41-2409; Acts 2005, No. 2216, § 1.

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

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

(2) Deserts the incompetent person under circumstances creating a substantial risk of death or serious physical injury.

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

Acts 1975, No. 280, § 2409; A.S.A. 1947, § 41-2409; Acts 2005, No. 2216, § 1.
Ark. Code Ann. § 5-52-105 — AR Code / Title 5 / Chapter 52 / Section 5-52-105
Attempt to influence a public servant
Status: in_force

(a) A person commits the offense of attempting to influence a public servant if he or she threatens violence or economic reprisal against any person or uses deceit with the purpose to alter or affect a public servant's decision, vote, opinion, or action concerning any matter which is afterwards to be considered or performed by the public servant or the agency or body of which the public servant is a member. (b) Attempt to influence a public servant is a Class A misdemeanor. Acts 1975, No. 280, § 2705; A.S.A. 1947, § 41-2705.

(a) A person commits the offense of attempting to influence a public servant if he or she threatens violence or economic reprisal against any person or uses deceit with the purpose to alter or affect a public servant's decision, vote, opinion, or action concerning any matter which is afterwards to be considered or performed by the public servant or the agency or body of which the public servant is a member.

(b) Attempt to influence a public servant is a Class A misdemeanor.

Acts 1975, No. 280, § 2705; A.S.A. 1947, § 41-2705.
Ark. Code Ann. § 5-2-326 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-326
Restraint of an Arkansas State Hospital patient
Status: in_force

(a) If necessary for security, an Arkansas State Hospital patient shall be physically restrained with a restraint while being transported to locations away from hospital grounds or to and from any court appearance. (b) A patient shall not be physically restrained with a restraint if the restraint is medically contraindicated. (c) The restraint shall be implemented in accordance with safe and appropriate restraint techniques as determined by hospital policy. (d) The restraint used shall be the least restrictive type or technique necessary to effectively protect the patient, staff members, or others from harm. (e) The restraint shall not be used as a means of coercion, discipline, convenience, or retaliation by staff. Acts 2007, No. 636, § 2.

(a) If necessary for security, an Arkansas State Hospital patient shall be physically restrained with a restraint while being transported to locations away from hospital grounds or to and from any court appearance.

(b) A patient shall not be physically restrained with a restraint if the restraint is medically contraindicated.

(c) The restraint shall be implemented in accordance with safe and appropriate restraint techniques as determined by hospital policy.

(d) The restraint used shall be the least restrictive type or technique necessary to effectively protect the patient, staff members, or others from harm.

(e) The restraint shall not be used as a means of coercion, discipline, convenience, or retaliation by staff.

Acts 2007, No. 636, § 2.
Ark. Code Ann. § 5-76-102 — AR Code / Title 5 / Chapter 76 / Section 5-76-102
[Repealed]
Status: repealed

Repealed by Act 2015, No. 299,§ 16, eff. 7/22/2015. Acts 1995, No. 518, §§ 2-4, 6, 11, 12, 14; 2001, No. 561, §§ 25-27; 2005, No. 1461, § 1; 2007, No. 827, §§ 107, 108, 109.

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

Acts 1995, No. 518, §§ 2-4, 6, 11, 12, 14; 2001, No. 561, §§ 25-27; 2005, No. 1461, § 1; 2007, No. 827, §§ 107, 108, 109.
Ark. Code Ann. § 5-64-706 — AR Code / Title 5 / Chapter 64 / Subchapter 7 / Section 5-64-706
Grant of immunity
Status: in_force

(a) (1) With the approval of the circuit judge, the prosecuting attorney of any judicial district in this state or any grand jury properly convened according to law may grant immunity from criminal prosecution with respect to a matter revealed by the testimony of anyone giving evidence concerning a violation of this chapter. (2) However, the immunity does not extend to perjury committed in the testimony. (b) No prosecuting attorney shall grant immunity until he or she has applied for and obtained in each case a written order from the circuit judge approving the grant of immunity. (c) No immunity under subsection (a) of this section shall be granted by a prosecuting attorney until after the individual has declined to answer questions or has requested immunity before answering questions. Acts 1973, No. 248, § 1; A.S.A. 1947, § 82-2639; Acts 2005, No. 1994, § 313.

(a) (1) With the approval of the circuit judge, the prosecuting attorney of any judicial district in this state or any grand jury properly convened according to law may grant immunity from criminal prosecution with respect to a matter revealed by the testimony of anyone giving evidence concerning a violation of this chapter. (2) However, the immunity does not extend to perjury committed in the testimony.

(1) With the approval of the circuit judge, the prosecuting attorney of any judicial district in this state or any grand jury properly convened according to law may grant immunity from criminal prosecution with respect to a matter revealed by the testimony of anyone giving evidence concerning a violation of this chapter.

(2) However, the immunity does not extend to perjury committed in the testimony.

(b) No prosecuting attorney shall grant immunity until he or she has applied for and obtained in each case a written order from the circuit judge approving the grant of immunity.

(c) No immunity under subsection (a) of this section shall be granted by a prosecuting attorney until after the individual has declined to answer questions or has requested immunity before answering questions.

Acts 1973, No. 248, § 1; A.S.A. 1947, § 82-2639; Acts 2005, No. 1994, § 313.
Ark. Code Ann. § 5-75-107 — AR Code / Title 5 / Chapter 75 / Section 5-75-107
Blood alcohol testing devices
Status: in_force

(a) (1) Any instrument used to determine the alcohol content of the breath of any person by analysis of the breath of the person for the purpose of determining if the person was operating or navigating any aircraft while intoxicated or with an alcohol concentration of four hundredths (0.04) or more shall be so constructed that the analysis is made automatically when a sample of the person's breath is placed in the instrument and without any adjustment or other action of the person administering the analysis. (2) The instrument shall be so constructed that the breath alcohol content is shown by visible digital display on the instrument and on an automatic readout. (b) Any breath analysis made by or through the use of a machine or instrument that does not conform to the requirements prescribed in this section is inadmissible in any criminal or civil proceeding. (c) (1) The State Board of Health may adopt appropriate rules to carry out the intent and purposes of this section, and only an instrument approved by the board as meeting the requirements of this section and the rules of the board shall be used for making a breath analysis for determining breath alcohol concentration. (2) (A) The Department of Health specifically may limit by its rules the types or models of testing devices that may be approved for use in Arkansas for the purposes set forth in this section. (B) The approved types or models shall be specified by manufacturer's name and model. Amended by Act 2019, No. 315,§ 174, eff. 7/24/2019. Acts 1993, No. 824, § 7; 2001, No. 561, §§ 23, 24.

(a) (1) Any instrument used to determine the alcohol content of the breath of any person by analysis of the breath of the person for the purpose of determining if the person was operating or navigating any aircraft while intoxicated or with an alcohol concentration of four hundredths (0.04) or more shall be so constructed that the analysis is made automatically when a sample of the person's breath is placed in the instrument and without any adjustment or other action of the person administering the analysis. (2) The instrument shall be so constructed that the breath alcohol content is shown by visible digital display on the instrument and on an automatic readout.

(1) Any instrument used to determine the alcohol content of the breath of any person by analysis of the breath of the person for the purpose of determining if the person was operating or navigating any aircraft while intoxicated or with an alcohol concentration of four hundredths (0.04) or more shall be so constructed that the analysis is made automatically when a sample of the person's breath is placed in the instrument and without any adjustment or other action of the person administering the analysis.

(2) The instrument shall be so constructed that the breath alcohol content is shown by visible digital display on the instrument and on an automatic readout.

(b) Any breath analysis made by or through the use of a machine or instrument that does not conform to the requirements prescribed in this section is inadmissible in any criminal or civil proceeding.

(c) (1) The State Board of Health may adopt appropriate rules to carry out the intent and purposes of this section, and only an instrument approved by the board as meeting the requirements of this section and the rules of the board shall be used for making a breath analysis for determining breath alcohol concentration. (2) (A) The Department of Health specifically may limit by its rules the types or models of testing devices that may be approved for use in Arkansas for the purposes set forth in this section. (B) The approved types or models shall be specified by manufacturer's name and model.

(1) The State Board of Health may adopt appropriate rules to carry out the intent and purposes of this section, and only an instrument approved by the board as meeting the requirements of this section and the rules of the board shall be used for making a breath analysis for determining breath alcohol concentration.

(2) (A) The Department of Health specifically may limit by its rules the types or models of testing devices that may be approved for use in Arkansas for the purposes set forth in this section. (B) The approved types or models shall be specified by manufacturer's name and model.

(A) The Department of Health specifically may limit by its rules the types or models of testing devices that may be approved for use in Arkansas for the purposes set forth in this section.

(B) The approved types or models shall be specified by manufacturer's name and model.

Amended by Act 2019, No. 315,§ 174, eff. 7/24/2019.

Acts 1993, No. 824, § 7; 2001, No. 561, §§ 23, 24.
Ark. Code Ann. § 5-54-116 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-116
Aiding an unauthorized departure
Status: in_force

(a) A person commits the offense of aiding an unauthorized departure if, not being an inmate in a youth services program, a youth services facility, or the Arkansas State Hospital, he or she knowingly aids another person in making or attempting to make an unauthorized departure from a juvenile detention facility, a youth services program, or the Arkansas State Hospital. (b) (1) Aiding an unauthorized departure is a Class C felony if the person aiding an unauthorized departure uses physical force or uses or threatens to use a deadly weapon. (2) Otherwise, aiding an unauthorized departure is a Class A misdemeanor. Acts 1975, No. 280, § 2816; A.S.A. 1947, § 41-2816; Acts 1997, No. 1229, § 6; 1997, No. 1299, § 6; 2005, No. 1994, § 256.

(a) A person commits the offense of aiding an unauthorized departure if, not being an inmate in a youth services program, a youth services facility, or the Arkansas State Hospital, he or she knowingly aids another person in making or attempting to make an unauthorized departure from a juvenile detention facility, a youth services program, or the Arkansas State Hospital.

(b) (1) Aiding an unauthorized departure is a Class C felony if the person aiding an unauthorized departure uses physical force or uses or threatens to use a deadly weapon. (2) Otherwise, aiding an unauthorized departure is a Class A misdemeanor.

(1) Aiding an unauthorized departure is a Class C felony if the person aiding an unauthorized departure uses physical force or uses or threatens to use a deadly weapon.

(2) Otherwise, aiding an unauthorized departure is a Class A misdemeanor.

Acts 1975, No. 280, § 2816; A.S.A. 1947, § 41-2816; Acts 1997, No. 1229, § 6; 1997, No. 1299, § 6; 2005, No. 1994, § 256.
Ark. Code Ann. § 5-53-107 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-107
Perjury or false swearing - Proof
Status: in_force

Except for a prosecution based upon inconsistent statements, in any prosecution for perjury or false swearing falsity of a statement may not be established solely through contradiction by the uncorroborated testimony of a single witness. Acts 1975, No. 280, § 2605; A.S.A. 1947, § 41-2605.

Except for a prosecution based upon inconsistent statements, in any prosecution for perjury or false swearing falsity of a statement may not be established solely through contradiction by the uncorroborated testimony of a single witness.

Acts 1975, No. 280, § 2605; A.S.A. 1947, § 41-2605.
Ark. Code Ann. § 5-64-708 — AR Code / Title 5 / Chapter 64 / Subchapter 7 / Section 5-64-708
Local funding for undercover work
Status: in_force

Any municipality or county may allocate and expend funds for: (1) Undercover work done in connection with an attempt to apprehend a violator of this chapter; or (2) A purchase of a controlled substance when purchased by a law enforcement officer for the purpose of apprehending a violator. Acts 1973, No. 248, § 2; A.S.A. 1947, § 82-2640; Acts 2005, No. 1994, § 313.

Any municipality or county may allocate and expend funds for:

(1) Undercover work done in connection with an attempt to apprehend a violator of this chapter; or

(2) A purchase of a controlled substance when purchased by a law enforcement officer for the purpose of apprehending a violator.

Acts 1973, No. 248, § 2; A.S.A. 1947, § 82-2640; Acts 2005, No. 1994, § 313.
Ark. Code Ann. § 5-2-306 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-306
Access to defendant by examiners of his or her choice
Status: in_force

When a defendant desires to be examined by one (1) or more qualified physicians or other experts of his or her own choice, that qualified physician or other expert is permitted to have reasonable access to the defendant for the purpose of examination. Acts 1975, No. 280, § 610; A.S.A. 1947, § 41-610.

When a defendant desires to be examined by one (1) or more qualified physicians or other experts of his or her own choice, that qualified physician or other expert is permitted to have reasonable access to the defendant for the purpose of examination.

Acts 1975, No. 280, § 610; A.S.A. 1947, § 41-610.
Ark. Code Ann. § 5-2-614 — AR Code / Title 5 / Chapter 2 / Subchapter 6 / Section 5-2-614
Use of reckless or negligent force
Status: in_force

(a) When a person believes that the use of physical force is necessary for any purpose justifying that use of physical force under this subchapter but the person is reckless or negligent either in forming that belief or in employing an excessive degree of physical force, the justification afforded by this subchapter is unavailable in a prosecution for an offense for which recklessness or negligence suffices to establish a culpable mental state. (b) When a person is justified under this subchapter in using physical force but he or she recklessly or negligently injures or creates a substantial risk of injury to a third party, the justification afforded by this subchapter is unavailable in a prosecution for the recklessness or negligence toward the third party. Acts 1975, No. 280, § 514; A.S.A. 1947, § 41-514.

(a) When a person believes that the use of physical force is necessary for any purpose justifying that use of physical force under this subchapter but the person is reckless or negligent either in forming that belief or in employing an excessive degree of physical force, the justification afforded by this subchapter is unavailable in a prosecution for an offense for which recklessness or negligence suffices to establish a culpable mental state.

(b) When a person is justified under this subchapter in using physical force but he or she recklessly or negligently injures or creates a substantial risk of injury to a third party, the justification afforded by this subchapter is unavailable in a prosecution for the recklessness or negligence toward the third party.

Acts 1975, No. 280, § 514; A.S.A. 1947, § 41-514.
Ark. Code Ann. § 5-73-303 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-303
Immunity from civil damages
Status: in_force

The state, a county or city, or any employee of the state, county, or city is not liable for any civil damages resulting from the issuance of a license pursuant to a provision of this subchapter. Acts 1995, No. 411, § 3; 1995, No. 419, § 3.

The state, a county or city, or any employee of the state, county, or city is not liable for any civil damages resulting from the issuance of a license pursuant to a provision of this subchapter.

Acts 1995, No. 411, § 3; 1995, No. 419, § 3.
Ark. Code Ann. § 5-55-110 — AR Code / Title 5 / Chapter 55 / Subchapter 1 / Section 5-55-110
Suspension of violators
Status: in_force

The Secretary of the Department of Human Services may suspend or revoke the provider agreement between the Department of Human Services and a person in the event the person is found guilty of violating a provision of this subchapter. Amended by Act 2019, No. 910,§ 5128, eff. 7/1/2019. Acts 1979, No. 823, § 8; A.S.A. 1947, § 41-4408; Acts 1993, No. 1291, § 5.

The Secretary of the Department of Human Services may suspend or revoke the provider agreement between the Department of Human Services and a person in the event the person is found guilty of violating a provision of this subchapter.

Amended by Act 2019, No. 910,§ 5128, eff. 7/1/2019.

Acts 1979, No. 823, § 8; A.S.A. 1947, § 41-4408; Acts 1993, No. 1291, § 5.
Ark. Code Ann. § 5-51-307 — AR Code / Title 5 / Chapter 51 / Subchapter 3 / Section 5-51-307
Closing and restricting use of highway
Status: in_force

(a) If it becomes necessary for a public highway to be closed to travel for the protection of the public, it is lawful for the prosecuting attorney of the county where the public highway is sought to be closed to apply to the circuit judge for an order closing the public highway, stating in writing the reasons and necessity for the order. (b) The circuit judge shall cause reasonable notice to be given to all interested parties that the application is made, fixing a time and place for hearing. (c) All parties interested as landowners or users of the public highway or to be affected by the closing are entitled to be made parties to the cause and heard on the application. (d) If the circuit judge finds from the evidence that it is reasonable, just, and proper that travel on the public highway should be restricted or prevented, an appropriate order shall be made by the circuit judge to do so, having due regard to the rights of the public and all parties in interest. (e) Any aggrieved person may appeal from the order as in any other case. Acts 1941, No. 312, § 9; A.S.A. 1947, § 41-3966; Acts 2005, No. 1994, § 259.

(a) If it becomes necessary for a public highway to be closed to travel for the protection of the public, it is lawful for the prosecuting attorney of the county where the public highway is sought to be closed to apply to the circuit judge for an order closing the public highway, stating in writing the reasons and necessity for the order.

(b) The circuit judge shall cause reasonable notice to be given to all interested parties that the application is made, fixing a time and place for hearing.

(c) All parties interested as landowners or users of the public highway or to be affected by the closing are entitled to be made parties to the cause and heard on the application.

(d) If the circuit judge finds from the evidence that it is reasonable, just, and proper that travel on the public highway should be restricted or prevented, an appropriate order shall be made by the circuit judge to do so, having due regard to the rights of the public and all parties in interest.

(e) Any aggrieved person may appeal from the order as in any other case.

Acts 1941, No. 312, § 9; A.S.A. 1947, § 41-3966; Acts 2005, No. 1994, § 259.
Ark. Code Ann. § 5-51-205 — AR Code / Title 5 / Chapter 51 / Subchapter 2 / Section 5-51-205
Advocating personal injury, destruction of property, or overthrow of government - Writing or speaking
Status: in_force

(a) It is unlawful for any person to: (1) Write, indict, dictate, speak, utter, publish, or declare or be interested in writing, indicting, dictating, speaking, uttering, publishing, or declaring any word, sentence, speech, or article of whatsoever nature or kind, with the intent to encourage, advise, aid, assist, or abet in the infliction of any personal injury upon any person or the taking of human life, or destruction or injury to either public or private property, without due process of law; (2) Disseminate in any manner knowledge or propaganda that tends to destroy or overthrow the present form of government of either the State of Arkansas or the United States of America by any violence or unlawful means whatsoever; or (3) Employ any means stated in this section calculated to cause a result stated in this section. (b) Any person violating a provision of this section is guilty of a Class A misdemeanor. Acts 1919, No. 512, § 1; C. & M. Dig., § 2318; Pope's Dig., § 2944; A.S.A. 1947, § 41-3953; Acts 2005, No. 1994, § 350.

(a) It is unlawful for any person to: (1) Write, indict, dictate, speak, utter, publish, or declare or be interested in writing, indicting, dictating, speaking, uttering, publishing, or declaring any word, sentence, speech, or article of whatsoever nature or kind, with the intent to encourage, advise, aid, assist, or abet in the infliction of any personal injury upon any person or the taking of human life, or destruction or injury to either public or private property, without due process of law; (2) Disseminate in any manner knowledge or propaganda that tends to destroy or overthrow the present form of government of either the State of Arkansas or the United States of America by any violence or unlawful means whatsoever; or (3) Employ any means stated in this section calculated to cause a result stated in this section.

(1) Write, indict, dictate, speak, utter, publish, or declare or be interested in writing, indicting, dictating, speaking, uttering, publishing, or declaring any word, sentence, speech, or article of whatsoever nature or kind, with the intent to encourage, advise, aid, assist, or abet in the infliction of any personal injury upon any person or the taking of human life, or destruction or injury to either public or private property, without due process of law;

(2) Disseminate in any manner knowledge or propaganda that tends to destroy or overthrow the present form of government of either the State of Arkansas or the United States of America by any violence or unlawful means whatsoever; or

(3) Employ any means stated in this section calculated to cause a result stated in this section.

(b) Any person violating a provision of this section is guilty of a Class A misdemeanor.

Acts 1919, No. 512, § 1; C. & M. Dig., § 2318; Pope's Dig., § 2944; A.S.A. 1947, § 41-3953; Acts 2005, No. 1994, § 350.
Ark. Code Ann. § 5-37-503 — AR Code / Title 5 / Chapter 37 / Subchapter 5 / Section 5-37-503
Animals - False registration or pedigree
Status: in_force

Any person who by any false pretense obtains from any club, association, society, or company for improving the breed of cattle, horses, sheep, swine, or other domestic animals a certificate of registration of any animal in the herd register or other register of the club, association, society, or company, or a transfer on any registration, and any person who knowingly gives a false pedigree of any animal, upon conviction is guilty of a Class A misdemeanor. Acts 1887, No. 134, § 1, p. 233; C. & M. Dig., § 304; Pope's Dig., § 318; A.S.A. 1947, § 41-2373; Acts 2005, No. 1994, § 346.

Any person who by any false pretense obtains from any club, association, society, or company for improving the breed of cattle, horses, sheep, swine, or other domestic animals a certificate of registration of any animal in the herd register or other register of the club, association, society, or company, or a transfer on any registration, and any person who knowingly gives a false pedigree of any animal, upon conviction is guilty of a Class A misdemeanor.

Acts 1887, No. 134, § 1, p. 233; C. & M. Dig., § 304; Pope's Dig., § 318; A.S.A. 1947, § 41-2373; Acts 2005, No. 1994, § 346.
Ark. Code Ann. § 5-2-302 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-302
Lack of fitness to proceed generally
Status: in_force

(a) No person who lacks the capacity to understand a proceeding against him or her or to assist effectively in his or her own defense as a result of mental disease or defect shall be tried, convicted, or sentenced for the commission of an offense so long as the incapacity endures. (b) A court shall not enter a judgment of acquittal on the ground of mental disease or defect against a defendant who lacks the capacity to understand a proceeding against him or her or to assist effectively in his or her own defense as a result of mental disease or defect. Acts 1975, No. 280, § 603; A.S.A. 1947, § 41-603; Acts 2001, No. 1554, § 2.

(a) No person who lacks the capacity to understand a proceeding against him or her or to assist effectively in his or her own defense as a result of mental disease or defect shall be tried, convicted, or sentenced for the commission of an offense so long as the incapacity endures.

(b) A court shall not enter a judgment of acquittal on the ground of mental disease or defect against a defendant who lacks the capacity to understand a proceeding against him or her or to assist effectively in his or her own defense as a result of mental disease or defect.

Acts 1975, No. 280, § 603; A.S.A. 1947, § 41-603; Acts 2001, No. 1554, § 2.
Ark. Code Ann. § 5-64-407 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-407
Manufacture of methamphetamine in the presence of certain persons - Enhanced penalties
Status: in_force

(a) A person who is found guilty of or who pleads guilty or nolo contendere to manufacture of methamphetamine, § 5-64-423 , or possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443(b) , may be subject to an enhanced sentence of an additional term of imprisonment of ten (10) years if the offense is committed: (1) In the presence of a minor, elderly person, or incompetent person who may or may not be related to the person; (2) With a minor, elderly person, or incompetent person in the same home or building where the methamphetamine was being manufactured or where the drug paraphernalia to manufacture methamphetamine was in use or was in preparation to be used; or (3) With a minor, elderly person, or incompetent person present in the same immediate area or in the same vehicle at the time of the person's arrest for the offense. (b) The enhanced portion of the sentence is consecutive to any other sentence imposed. (c) Any person sentenced under this section is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the enhanced portion of the sentence. (d) As used in this section: (1) "Elderly person" means any person seventy (70) years of age or older; (2) "Incompetent person" means any person who is incapable of consent because he or she is physically helpless, mentally defective, or mentally incapacitated; and (3) "Minor" means any person under eighteen (18) years of age. Amended by Act 2023, No. 659,§ 44, eff. 1/1/2024. Acts 1971, No. 590, Art. 4, § 7; 1972 (Ex. Sess.), No. 67, § 3; 1973, No. 186, § 4; A.S.A. 1947, § 82-2623; Acts 1995, No. 998, § 2; 2005, No. 1994, § 304[B]; 2007, No. 200, § 1; 2007, No. 1047, § 3; 2011, No. 570, § 39.

(a) A person who is found guilty of or who pleads guilty or nolo contendere to manufacture of methamphetamine, § 5-64-423 , or possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443(b) , may be subject to an enhanced sentence of an additional term of imprisonment of ten (10) years if the offense is committed: (1) In the presence of a minor, elderly person, or incompetent person who may or may not be related to the person; (2) With a minor, elderly person, or incompetent person in the same home or building where the methamphetamine was being manufactured or where the drug paraphernalia to manufacture methamphetamine was in use or was in preparation to be used; or (3) With a minor, elderly person, or incompetent person present in the same immediate area or in the same vehicle at the time of the person's arrest for the offense.

(1) In the presence of a minor, elderly person, or incompetent person who may or may not be related to the person;

(2) With a minor, elderly person, or incompetent person in the same home or building where the methamphetamine was being manufactured or where the drug paraphernalia to manufacture methamphetamine was in use or was in preparation to be used; or

(3) With a minor, elderly person, or incompetent person present in the same immediate area or in the same vehicle at the time of the person's arrest for the offense.

(b) The enhanced portion of the sentence is consecutive to any other sentence imposed.

(c) Any person sentenced under this section is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the enhanced portion of the sentence.

(d) As used in this section: (1) "Elderly person" means any person seventy (70) years of age or older; (2) "Incompetent person" means any person who is incapable of consent because he or she is physically helpless, mentally defective, or mentally incapacitated; and (3) "Minor" means any person under eighteen (18) years of age.

(1) "Elderly person" means any person seventy (70) years of age or older;

(2) "Incompetent person" means any person who is incapable of consent because he or she is physically helpless, mentally defective, or mentally incapacitated; and

(3) "Minor" means any person under eighteen (18) years of age.

Amended by Act 2023, No. 659,§ 44, eff. 1/1/2024.

Acts 1971, No. 590, Art. 4, § 7; 1972 (Ex. Sess.), No. 67, § 3; 1973, No. 186, § 4; A.S.A. 1947, § 82-2623; Acts 1995, No. 998, § 2; 2005, No. 1994, § 304[B]; 2007, No. 200, § 1; 2007, No. 1047, § 3; 2011, No. 570, § 39.
Ark. Code Ann. § 5-26-306 — AR Code / Title 5 / Chapter 26 / Subchapter 3 / Section 5-26-306
Aggravated assault on a family or household member
Status: in_force

(a) A person commits aggravated assault on a family or household member if, under circumstances manifesting extreme indifference to the value of human life, the person purposely: (1) Engages in conduct that creates a substantial danger of death or serious physical injury to a family or household member; (2) Displays a firearm in a manner that creates a substantial danger of death or serious physical injury to a family or household member; or (3) Impedes or prevents the respiration of a family or household member or the circulation of a family or household member's blood by applying pressure on the chest, throat, or neck or by blocking the nose or mouth of the family or household member. (b) Aggravated assault on a family or household member is a Class D felony. Amended by Act 2019, No. 243,§ 2, eff. 7/24/2019. Amended by Act 2013, No. 418,§ 1, eff. 8/16/2013. Acts 1979, No. 396, § 4; A.S.A. 1947, § 41-1656; Acts 1995, No. 1291, § 4.

(a) A person commits aggravated assault on a family or household member if, under circumstances manifesting extreme indifference to the value of human life, the person purposely: (1) Engages in conduct that creates a substantial danger of death or serious physical injury to a family or household member; (2) Displays a firearm in a manner that creates a substantial danger of death or serious physical injury to a family or household member; or (3) Impedes or prevents the respiration of a family or household member or the circulation of a family or household member's blood by applying pressure on the chest, throat, or neck or by blocking the nose or mouth of the family or household member.

(1) Engages in conduct that creates a substantial danger of death or serious physical injury to a family or household member;

(2) Displays a firearm in a manner that creates a substantial danger of death or serious physical injury to a family or household member; or

(3) Impedes or prevents the respiration of a family or household member or the circulation of a family or household member's blood by applying pressure on the chest, throat, or neck or by blocking the nose or mouth of the family or household member.

(b) Aggravated assault on a family or household member is a Class D felony.

Amended by Act 2019, No. 243,§ 2, eff. 7/24/2019.

Amended by Act 2013, No. 418,§ 1, eff. 8/16/2013.

Acts 1979, No. 396, § 4; A.S.A. 1947, § 41-1656; Acts 1995, No. 1291, § 4.
Ark. Code Ann. § 5-74-201 — AR Code / Title 5 / Chapter 74 / Subchapter 2 / Section 5-74-201
Legislative findings
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. Acts 1994 (2nd Ex. Sess.), No. 33, § 1; 1994 (2nd Ex. Sess.), No. 34, § 1; 1995, No. 1296, § 11.

(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.

Acts 1994 (2nd Ex. Sess.), No. 33, § 1; 1994 (2nd Ex. Sess.), No. 34, § 1; 1995, No. 1296, § 11.
Ark. Code Ann. § 5-54-110 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-110
First degree escape
Status: in_force

(a) A person commits the offense of first degree escape if: (1) At any time, including from the point of departure from confinement to the return to confinement, aided by another person actually present, he or she uses or threatens to use physical force in escaping from: (A) Custody; (B) A correctional facility; (C) A juvenile detention facility; or (D) A youth services program; or (2) At any time, including from the point of departure from confinement to the return to confinement, he or she uses or threatens to use a deadly weapon in escaping from: (A) Custody; (B) A correctional facility; (C) A juvenile detention facility; or (D) A youth services program. (b) (1) First degree escape is a Class A felony if, at the time of the escape, the person is in the custody of: (A) The Division of Correction; (B) The Division of Community Correction; or (C) A law enforcement agency. (2) Otherwise first degree escape is a Class C felony. Amended by Act 2019, No. 910,§ 676, eff. 7/1/2019. Acts 1975, No. 280, § 2810; A.S.A. 1947, § 41-2810; Acts 1997, No. 1229, § 3; 1997, No. 1299, § 3; 2003, No. 1348, § 1; 2005, No. 1994, § 254; 2009, No. 478, § 1.

(a) A person commits the offense of first degree escape if: (1) At any time, including from the point of departure from confinement to the return to confinement, aided by another person actually present, he or she uses or threatens to use physical force in escaping from: (A) Custody; (B) A correctional facility; (C) A juvenile detention facility; or (D) A youth services program; or (2) At any time, including from the point of departure from confinement to the return to confinement, he or she uses or threatens to use a deadly weapon in escaping from: (A) Custody; (B) A correctional facility; (C) A juvenile detention facility; or (D) A youth services program.

(1) At any time, including from the point of departure from confinement to the return to confinement, aided by another person actually present, he or she uses or threatens to use physical force in escaping from: (A) Custody; (B) A correctional facility; (C) A juvenile detention facility; or (D) A youth services program; or

(A) Custody;

(B) A correctional facility;

(C) A juvenile detention facility; or

(D) A youth services program; or

(2) At any time, including from the point of departure from confinement to the return to confinement, he or she uses or threatens to use a deadly weapon in escaping from: (A) Custody; (B) A correctional facility; (C) A juvenile detention facility; or (D) A youth services program.

(A) Custody;

(B) A correctional facility;

(C) A juvenile detention facility; or

(D) A youth services program.

(b) (1) First degree escape is a Class A felony if, at the time of the escape, the person is in the custody of: (A) The Division of Correction; (B) The Division of Community Correction; or (C) A law enforcement agency. (2) Otherwise first degree escape is a Class C felony.

(1) First degree escape is a Class A felony if, at the time of the escape, the person is in the custody of: (A) The Division of Correction; (B) The Division of Community Correction; or (C) A law enforcement agency.

(A) The Division of Correction;

(B) The Division of Community Correction; or

(C) A law enforcement agency.

(2) Otherwise first degree escape is a Class C felony.

Amended by Act 2019, No. 910,§ 676, eff. 7/1/2019.

Acts 1975, No. 280, § 2810; A.S.A. 1947, § 41-2810; Acts 1997, No. 1229, § 3; 1997, No. 1299, § 3; 2003, No. 1348, § 1; 2005, No. 1994, § 254; 2009, No. 478, § 1.
Ark. Code Ann. § 5-73-125 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-125
Interstate sale and purchase of shotguns, rifles, and ammunition
Status: in_force

(a) The sale of shotguns and rifles and ammunition in this state to residents of other states is authorized under regulations issued by the United States Attorney General under the Gun Control Act of 1968, 18 U.S.C. § 921 et seq., as in effect on January 1, 2009. (b) A resident of this state may purchase a rifle, shotgun, or ammunition in another state as expressly authorized under the regulations issued under the Gun Control Act of 1968, 18 U.S.C. § 921 et seq., as in effect on January 1, 2009. Acts 1969, No. 159, §§ 1, 2; A.S.A. 1947, §§ 41-3174, 41-3175; Acts 2009, No. 487, § 1.

(a) The sale of shotguns and rifles and ammunition in this state to residents of other states is authorized under regulations issued by the United States Attorney General under the Gun Control Act of 1968, 18 U.S.C. § 921 et seq., as in effect on January 1, 2009.

(b) A resident of this state may purchase a rifle, shotgun, or ammunition in another state as expressly authorized under the regulations issued under the Gun Control Act of 1968, 18 U.S.C. § 921 et seq., as in effect on January 1, 2009.

Acts 1969, No. 159, §§ 1, 2; A.S.A. 1947, §§ 41-3174, 41-3175; Acts 2009, No. 487, § 1.
Ark. Code Ann. § 5-60-125 — AR Code / Title 5 / Chapter 60 / Subchapter 1 / Section 5-60-125
Interference with emergency communication in the second degree
Status: in_force

(a) A person commits the offense of interference with emergency communication in the second degree if he or she recklessly prevents, interrupts, disrupts, impedes, or interferes with another person's attempt to request with good cause emergency assistance from a law enforcement agency, medical facility, or other government agency or entity that provides emergency assistance. (b) Interference with emergency communication in the second degree is a Class B misdemeanor. Acts 2007, No. 162, § 1.

(a) A person commits the offense of interference with emergency communication in the second degree if he or she recklessly prevents, interrupts, disrupts, impedes, or interferes with another person's attempt to request with good cause emergency assistance from a law enforcement agency, medical facility, or other government agency or entity that provides emergency assistance.

(b) Interference with emergency communication in the second degree is a Class B misdemeanor.

Acts 2007, No. 162, § 1.
Ark. Code Ann. § 5-11-106 — AR Code / Title 5 / Chapter 11 / Section 5-11-106
Permanent detention or restraint
Status: in_force

(a) A person commits the offense of permanent detention or restraint if, without consent and without lawful authority, the person restrains a person with the purpose of holding or concealing the other person: (1) Without ever releasing the other person; or (2) Without ever returning the other person to the person or institution from whose lawful custody the other person was taken. (b) (1) Permanent detention or restraint is a Class B felony. (2) However, permanent detention or restraint is a Class D felony if the person detained or restrained is the child of the defendant. Acts 1975, No. 280, § 1706, as added by Acts 1977, No. 360, § 6; A.S.A. 1947, § 41-1706.

(a) A person commits the offense of permanent detention or restraint if, without consent and without lawful authority, the person restrains a person with the purpose of holding or concealing the other person: (1) Without ever releasing the other person; or (2) Without ever returning the other person to the person or institution from whose lawful custody the other person was taken.

(1) Without ever releasing the other person; or

(2) Without ever returning the other person to the person or institution from whose lawful custody the other person was taken.

(b) (1) Permanent detention or restraint is a Class B felony. (2) However, permanent detention or restraint is a Class D felony if the person detained or restrained is the child of the defendant.

(1) Permanent detention or restraint is a Class B felony.

(2) However, permanent detention or restraint is a Class D felony if the person detained or restrained is the child of the defendant.

Acts 1975, No. 280, § 1706, as added by Acts 1977, No. 360, § 6; A.S.A. 1947, § 41-1706.
Ark. Code Ann. § 5-5-203 — AR Code / Title 5 / Chapter 5 / Subchapter 2 / Section 5-5-203
Control of seized conveyances
Status: in_force

(a) When a conveyance is seized under this subchapter, the conveyance shall remain in the custody of the seizing law enforcement agency. (b) (1) The conveyance is not subject to replevin. (2) However, the conveyance is subject only to an order or decree of the circuit court having jurisdiction over the conveyance. Acts 1985, No. 238, § 3; A.S.A. 1947, § 41-1405.

(a) When a conveyance is seized under this subchapter, the conveyance shall remain in the custody of the seizing law enforcement agency.

(b) (1) The conveyance is not subject to replevin. (2) However, the conveyance is subject only to an order or decree of the circuit court having jurisdiction over the conveyance.

(1) The conveyance is not subject to replevin.

(2) However, the conveyance is subject only to an order or decree of the circuit court having jurisdiction over the conveyance.

Acts 1985, No. 238, § 3; A.S.A. 1947, § 41-1405.
Ark. Code Ann. § 5-66-112 — AR Code / Title 5 / Chapter 66 / Section 5-66-112
Card games - Betting
Status: in_force

If a person bets any money or any valuable thing on any game of brag, bluff, poker, seven-up, three-up, twenty-one, vingt-et-un, thirteen cards, the odd trick, forty-five, whist, or at any other game of cards known by any name now known to the law or with any other or new name or without any name, upon conviction he or she is guilty of a violation and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00). Rev. Stat., ch. 44, div. 6, art. 3, § 8; C. & M. Dig., § 2639; Pope's Dig., § 3329; A.S.A. 1947, § 41-3261; Acts 2009, No. 748, § 35.

If a person bets any money or any valuable thing on any game of brag, bluff, poker, seven-up, three-up, twenty-one, vingt-et-un, thirteen cards, the odd trick, forty-five, whist, or at any other game of cards known by any name now known to the law or with any other or new name or without any name, upon conviction he or she is guilty of a violation and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).

Rev. Stat., ch. 44, div. 6, art. 3, § 8; C. & M. Dig., § 2639; Pope's Dig., § 3329; A.S.A. 1947, § 41-3261; Acts 2009, No. 748, § 35.
Ark. Code Ann. § 5-2-502 — AR Code / Title 5 / Chapter 2 / Subchapter 5 / Section 5-2-502
Liability of organizations
Status: in_force

(a) An organization commits an offense if: (1) The organization omits to discharge a specific duty of affirmative performance imposed on an organization by law and the omission is prohibited by criminal law; (2) The conduct or result specified in the definition of the offense is engaged in, authorized, solicited, requested, commanded, or recklessly tolerated by the board of directors of a corporation or by the executive board of another type of organization or by a high managerial agent acting within the scope of his or her office or employment and in behalf of the organization; or (3) The conduct or result specified in the definition of the offense is engaged in or caused by an agent of the organization while acting within the scope of his or her office or employment and in behalf of the organization and the offense is: (A) A violation; (B) A misdemeanor of any class; or (C) Defined by a statute that clearly indicates a legislative purpose to impose criminal liability on an organization. (b) Notwithstanding a provision of this subchapter, if the statute defining an offense designates an agent for whose conduct an organization is liable or the circumstances under which an organization is liable, the provisions of that statute apply. Acts 1975, No. 280, § 402; A.S.A. 1947, § 41-402.

(a) An organization commits an offense if: (1) The organization omits to discharge a specific duty of affirmative performance imposed on an organization by law and the omission is prohibited by criminal law; (2) The conduct or result specified in the definition of the offense is engaged in, authorized, solicited, requested, commanded, or recklessly tolerated by the board of directors of a corporation or by the executive board of another type of organization or by a high managerial agent acting within the scope of his or her office or employment and in behalf of the organization; or (3) The conduct or result specified in the definition of the offense is engaged in or caused by an agent of the organization while acting within the scope of his or her office or employment and in behalf of the organization and the offense is: (A) A violation; (B) A misdemeanor of any class; or (C) Defined by a statute that clearly indicates a legislative purpose to impose criminal liability on an organization.

(1) The organization omits to discharge a specific duty of affirmative performance imposed on an organization by law and the omission is prohibited by criminal law;

(2) The conduct or result specified in the definition of the offense is engaged in, authorized, solicited, requested, commanded, or recklessly tolerated by the board of directors of a corporation or by the executive board of another type of organization or by a high managerial agent acting within the scope of his or her office or employment and in behalf of the organization; or

(3) The conduct or result specified in the definition of the offense is engaged in or caused by an agent of the organization while acting within the scope of his or her office or employment and in behalf of the organization and the offense is: (A) A violation; (B) A misdemeanor of any class; or (C) Defined by a statute that clearly indicates a legislative purpose to impose criminal liability on an organization.

(A) A violation;

(B) A misdemeanor of any class; or

(C) Defined by a statute that clearly indicates a legislative purpose to impose criminal liability on an organization.

(b) Notwithstanding a provision of this subchapter, if the statute defining an offense designates an agent for whose conduct an organization is liable or the circumstances under which an organization is liable, the provisions of that statute apply.

Acts 1975, No. 280, § 402; A.S.A. 1947, § 41-402.
Ark. Code Ann. § 5-14-133 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-133
Registered offender prohibited from entering a water park owned or operated by a local government
Status: in_force

(a) As used in this section, "water park" means a recreational aquatic facility that has among its features a swimming pool, wave pool, splash pad, water slide, or other area dedicated to aquatic activities for children and is open to the general public. (b) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly enter a water park owned or operated by a local government. (c) A violation of this section is a Class D felony. Amended by Act 2021, No. 429,§ 1, eff. 7/28/2021. Acts 2011, No. 816, § 1.

(a) As used in this section, "water park" means a recreational aquatic facility that has among its features a swimming pool, wave pool, splash pad, water slide, or other area dedicated to aquatic activities for children and is open to the general public.

(b) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly enter a water park owned or operated by a local government.

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

Amended by Act 2021, No. 429,§ 1, eff. 7/28/2021.

Acts 2011, No. 816, § 1.
Ark. Code Ann. § 5-27-202 — AR Code / Title 5 / Chapter 27 / Subchapter 2 / Section 5-27-202
Endangering the welfare of an incompetent person in the second degree
Status: in_force

(a) (1) A person commits the offense of endangering the welfare of an incompetent person in the second degree if he or she knowingly 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 an incompetent person. (2) As used in this section, "serious harm to the physical or mental welfare of a person" 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 an incompetent person in the second degree is a Class A misdemeanor. Acts 1975, No. 280, § 2410; A.S.A. 1947, § 41-2410; Acts 2005, No. 2216, § 2.

(a) (1) A person commits the offense of endangering the welfare of an incompetent person in the second degree if he or she knowingly 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 an incompetent person. (2) As used in this section, "serious harm to the physical or mental welfare of a person" 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 an incompetent person in the second degree if he or she knowingly 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 an incompetent person.

(2) As used in this section, "serious harm to the physical or mental welfare of a person" 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 an incompetent person in the second degree is a Class A misdemeanor.

Acts 1975, No. 280, § 2410; A.S.A. 1947, § 41-2410; Acts 2005, No. 2216, § 2.
Ark. Code Ann. § 5-2-501 — AR Code / Title 5 / Chapter 2 / Subchapter 5 / Section 5-2-501
Definitions
Status: in_force

As used in this subchapter: (1) "Agent" means any officer, director, or employee of an organization or any other person who is authorized to act in behalf of an organization; (2) "High managerial agent" means an agent or officer of an organization who has duties of such responsibility that his or her conduct reasonably may be assumed to represent the policy of the organization; and (3) "Organization" means a legal entity and includes: (A) A corporation, company, association, firm, partnership, or joint-stock company; (B) A foundation, institution, society, union, club, or church; or (C) Any other group of persons organized for any purpose. Acts 1975, No. 280, § 401; A.S.A. 1947, § 41-401.

As used in this subchapter:

(1) "Agent" means any officer, director, or employee of an organization or any other person who is authorized to act in behalf of an organization;

(2) "High managerial agent" means an agent or officer of an organization who has duties of such responsibility that his or her conduct reasonably may be assumed to represent the policy of the organization; and

(3) "Organization" means a legal entity and includes: (A) A corporation, company, association, firm, partnership, or joint-stock company; (B) A foundation, institution, society, union, club, or church; or (C) Any other group of persons organized for any purpose.

(A) A corporation, company, association, firm, partnership, or joint-stock company;

(B) A foundation, institution, society, union, club, or church; or

(C) Any other group of persons organized for any purpose.

Acts 1975, No. 280, § 401; A.S.A. 1947, § 41-401.
Ark. Code Ann. § 5-64-506 — AR Code / Title 5 / Chapter 64 / Subchapter 5 / Section 5-64-506
Burden of proof - Liability of officers
Status: in_force

(a) (1) It is not necessary for the state to negate any exemption or exception in this chapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter. (2) The burden of proof of any exemption or exception is upon the person claiming it. (b) (1) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, he or she is presumed not to be the holder of the registration or order form. (2) The burden of proof is upon him or her to rebut the presumption. (c) No liability is imposed by this chapter upon any authorized state, county, or municipal officer engaged in the lawful performance of his or her duties. Acts 1971, No. 590, Art. 5, § 6; A.S.A. 1947, § 82-2630; Acts 2005, No. 1994, § 311.

(a) (1) It is not necessary for the state to negate any exemption or exception in this chapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter. (2) The burden of proof of any exemption or exception is upon the person claiming it.

(1) It is not necessary for the state to negate any exemption or exception in this chapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter.

(2) The burden of proof of any exemption or exception is upon the person claiming it.

(b) (1) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, he or she is presumed not to be the holder of the registration or order form. (2) The burden of proof is upon him or her to rebut the presumption.

(1) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, he or she is presumed not to be the holder of the registration or order form.

(2) The burden of proof is upon him or her to rebut the presumption.

(c) No liability is imposed by this chapter upon any authorized state, county, or municipal officer engaged in the lawful performance of his or her duties.

Acts 1971, No. 590, Art. 5, § 6; A.S.A. 1947, § 82-2630; Acts 2005, No. 1994, § 311.
Ark. Code Ann. § 5-71-303 — AR Code / Title 5 / Chapter 71 / Subchapter 3 / Section 5-71-303
Unaffected lawful uses of weapons
Status: in_force

Nothing in this subchapter shall be construed to prohibit the training or teaching of the use of a weapon for: (1) A law enforcement purpose; (2) Hunting; (3) Recreation; (4) Competition; or (5) Any other lawful use or activity. Acts 1985, No. 903, § 3; A.S.A. 1947, § 41-2928.

Nothing in this subchapter shall be construed to prohibit the training or teaching of the use of a weapon for:

(1) A law enforcement purpose;

(2) Hunting;

(3) Recreation;

(4) Competition; or

(5) Any other lawful use or activity.

Acts 1985, No. 903, § 3; A.S.A. 1947, § 41-2928.
Ark. Code Ann. § 5-63-304 — AR Code / Title 5 / Chapter 63 / Subchapter 3 / Section 5-63-304
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1263,§ 18, eff. 7/22/2015. Acts 1967, No. 61, § 4; A.S.A. 1947, § 41-4160; Acts 2005, No. 1994, § 223.

Repealed by Act 2015, No. 1263,§ 18, eff. 7/22/2015.

Acts 1967, No. 61, § 4; A.S.A. 1947, § 41-4160; Acts 2005, No. 1994, § 223.
Ark. Code Ann. § 5-26-313 — AR Code / Title 5 / Chapter 26 / Subchapter 3 / Section 5-26-313
Notice
Status: in_force

A person who is convicted of any misdemeanor of domestic violence shall be notified by the court that it is unlawful for the person to ship, transport, or possess a firearm or ammunition pursuant to 18 U.S.C. § 922(g)(8) and (9) , as they existed on January 1, 2007. Acts 2007, No. 676, § 1.

A person who is convicted of any misdemeanor of domestic violence shall be notified by the court that it is unlawful for the person to ship, transport, or possess a firearm or ammunition pursuant to 18 U.S.C. § 922(g)(8) and (9) , as they existed on January 1, 2007.

Acts 2007, No. 676, § 1.
Ark. Code Ann. § 5-68-415 — AR Code / Title 5 / Chapter 68 / Subchapter 4 / Section 5-68-415
Possession of things enumerated in section 5-68-405 creates a presumption
Status: in_force

(a) (1) The possession of any three (3) of the things enumerated in § 5-68-405 , except the possession of them for the purpose of return to the person from whom received, creates a presumption that the things are intended for sale or commercial distribution, exhibition, or gift. (2) However, the presumption under subdivision (a)(1) of this section is rebuttable. (b) The burden of proof that the possession of the things is for the purpose of return to the person from whom received is on the possessor. Acts 1961, No. 261, § 15; A.S.A. 1947, § 41-3576.

(a) (1) The possession of any three (3) of the things enumerated in § 5-68-405 , except the possession of them for the purpose of return to the person from whom received, creates a presumption that the things are intended for sale or commercial distribution, exhibition, or gift. (2) However, the presumption under subdivision (a)(1) of this section is rebuttable.

(1) The possession of any three (3) of the things enumerated in § 5-68-405 , except the possession of them for the purpose of return to the person from whom received, creates a presumption that the things are intended for sale or commercial distribution, exhibition, or gift.

(2) However, the presumption under subdivision (a)(1) of this section is rebuttable.

(b) The burden of proof that the possession of the things is for the purpose of return to the person from whom received is on the possessor.

Acts 1961, No. 261, § 15; A.S.A. 1947, § 41-3576.
Ark. Code Ann. § 5-73-210 — AR Code / Title 5 / Chapter 73 / Subchapter 2 / Section 5-73-210
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1348,§ 18, eff. 8/16/2013. Acts 1935, No. 80, § 9; Pope's Dig., § 3522; A.S.A. 1947, § 41-3165; Acts 2005, No. 1994, § 247.

Repealed by Act 2013, No. 1348,§ 18, eff. 8/16/2013.

Acts 1935, No. 80, § 9; Pope's Dig., § 3522; A.S.A. 1947, § 41-3165; Acts 2005, No. 1994, § 247.
Ark. Code Ann. § 5-64-1302 — AR Code / Title 5 / Chapter 64 / Subchapter 13 / Section 5-64-1302
Agricultural use as affirmative defense
Status: in_force

It is an affirmative defense to prosecution under this subchapter that a chemical is possessed for the sole purpose of agricultural use. Acts 1999, No. 909, § 2.

It is an affirmative defense to prosecution under this subchapter that a chemical is possessed for the sole purpose of agricultural use.

Acts 1999, No. 909, § 2.
Ark. Code Ann. § 5-41-105 — AR Code / Title 5 / Chapter 41 / Subchapter 1 / Section 5-41-105
Venue of violations
Status: in_force

For the purpose of venue under this subchapter, any violation of this subchapter is considered to have been committed in any county: (1) In which any act was performed in furtherance of any course of conduct that violated this subchapter; (2) In which any violator had control or possession of any proceeds of the violation or of any book, record, document, property, financial instrument, computer software, computer program, data, or other material or object that was used in furtherance of the violation; (3) From which, to which, or through which any access to a computer or computer network was made whether by a wire, electromagnetic wave, microwave, or any other means of communication; or (4) In which any computer, computer system, or computer network is an object or an instrument of the violation is located at the time of the alleged violation. Acts 1987, No. 908, § 5.

For the purpose of venue under this subchapter, any violation of this subchapter is considered to have been committed in any county:

(1) In which any act was performed in furtherance of any course of conduct that violated this subchapter;

(2) In which any violator had control or possession of any proceeds of the violation or of any book, record, document, property, financial instrument, computer software, computer program, data, or other material or object that was used in furtherance of the violation;

(3) From which, to which, or through which any access to a computer or computer network was made whether by a wire, electromagnetic wave, microwave, or any other means of communication; or

(4) In which any computer, computer system, or computer network is an object or an instrument of the violation is located at the time of the alleged violation.

Acts 1987, No. 908, § 5.
Ark. Code Ann. § 5-14-136 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-136
Unlawful female genital mutilation of a minor
Status: in_force

(a) As used in this section, "female genital mutilation" means a procedure that involves the partial or total removal of the external female genitalia or any procedure harmful to the female genitalia, including without limitation: (1) A clitoridectomy; (2) The partial or total removal of the clitoris or the prepuce; (3) The excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora; (4) The infibulation or the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning the labia minora or the labia majora, with or without excision of the clitoris; (5) Pricking, piercing, incising, scraping, or cauterizing the genital area; or (6) Any other action to purposely alter the structure or function of the female genitalia for a nonmedical reason. (b) A person commits the offense of unlawful female genital mutilation of a minor if he or she: (1) Knowingly performs female genital mutilation on a minor; (2) Is a parent or guardian or has immediate custody or control of a minor and knowingly consents to, permits, or facilitates female genital mutilation of the minor; or (3) Knowingly removes or causes, permits, or facilitates the removal of a minor from this state for the purpose of facilitating the female genital mutilation of the minor. (c) Unlawful female genital mutilation of a minor is a Class C felony. (d) It is not a defense under this section that: (1) The unlawful conduct is required as a matter of religion, custom, ritual, or standard practice; or (2) The minor's parent or guardian consented to the female genital mutilation. (e) It is not a violation of this section if the acts or conduct that otherwise would be considered female genital mutilation occurred in the furtherance of a surgical or other lawful medical procedure, performed by a licensed medical professional, and: (1) Was necessary to preserve or protect the physical health of the minor upon whom the surgical or other lawful medical procedure was performed; or (2) Was part of a sex reassignment procedure as requested by the minor who was the patient in the sex reassignment procedure. (f) The statute of limitation for an offense under this section does not begin to run until the victim of the offense reaches eighteen (18) years of age or when the violation of this section is first reported to a law enforcement agency, whichever occurs first. Added by Act 2019, No. 556,§ 1, eff. 3/26/2019.

(a) As used in this section, "female genital mutilation" means a procedure that involves the partial or total removal of the external female genitalia or any procedure harmful to the female genitalia, including without limitation: (1) A clitoridectomy; (2) The partial or total removal of the clitoris or the prepuce; (3) The excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora; (4) The infibulation or the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning the labia minora or the labia majora, with or without excision of the clitoris; (5) Pricking, piercing, incising, scraping, or cauterizing the genital area; or (6) Any other action to purposely alter the structure or function of the female genitalia for a nonmedical reason.

(1) A clitoridectomy;

(2) The partial or total removal of the clitoris or the prepuce;

(3) The excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora;

(4) The infibulation or the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning the labia minora or the labia majora, with or without excision of the clitoris;

(5) Pricking, piercing, incising, scraping, or cauterizing the genital area; or

(6) Any other action to purposely alter the structure or function of the female genitalia for a nonmedical reason.

(b) A person commits the offense of unlawful female genital mutilation of a minor if he or she: (1) Knowingly performs female genital mutilation on a minor; (2) Is a parent or guardian or has immediate custody or control of a minor and knowingly consents to, permits, or facilitates female genital mutilation of the minor; or (3) Knowingly removes or causes, permits, or facilitates the removal of a minor from this state for the purpose of facilitating the female genital mutilation of the minor.

(1) Knowingly performs female genital mutilation on a minor;

(2) Is a parent or guardian or has immediate custody or control of a minor and knowingly consents to, permits, or facilitates female genital mutilation of the minor; or

(3) Knowingly removes or causes, permits, or facilitates the removal of a minor from this state for the purpose of facilitating the female genital mutilation of the minor.

(c) Unlawful female genital mutilation of a minor is a Class C felony.

(d) It is not a defense under this section that: (1) The unlawful conduct is required as a matter of religion, custom, ritual, or standard practice; or (2) The minor's parent or guardian consented to the female genital mutilation.

(1) The unlawful conduct is required as a matter of religion, custom, ritual, or standard practice; or

(2) The minor's parent or guardian consented to the female genital mutilation.

(e) It is not a violation of this section if the acts or conduct that otherwise would be considered female genital mutilation occurred in the furtherance of a surgical or other lawful medical procedure, performed by a licensed medical professional, and: (1) Was necessary to preserve or protect the physical health of the minor upon whom the surgical or other lawful medical procedure was performed; or (2) Was part of a sex reassignment procedure as requested by the minor who was the patient in the sex reassignment procedure.

(1) Was necessary to preserve or protect the physical health of the minor upon whom the surgical or other lawful medical procedure was performed; or

(2) Was part of a sex reassignment procedure as requested by the minor who was the patient in the sex reassignment procedure.

(f) The statute of limitation for an offense under this section does not begin to run until the victim of the offense reaches eighteen (18) years of age or when the violation of this section is first reported to a law enforcement agency, whichever occurs first.

Added by Act 2019, No. 556,§ 1, eff. 3/26/2019.
Ark. Code Ann. § 5-4-705 — AR Code / Title 5 / Chapter 4 / Subchapter 7 / Section 5-4-705
Sentence enhancement for offense targeting railroad or public transit employee
Status: in_force

(a) A person is subject to an enhanced sentence under this section if the person purposely selected the victim of an offense committed by the person because the victim is a railroad or public transit employee. (b) If a sentence enhancement is sought under this section, the information or indictment shall include: (1) That the sentence enhancement under this section is being sought; and (2) The allegations supporting the imposition of the enhanced sentence under this section. (c) The sentence enhancement under this section is as follows: (1) If the person is convicted of a Class A misdemeanor or an unclassified misdemeanor with a possible sentence greater than ninety (90) days' imprisonment, an additional period of imprisonment of not more than one (1) year; (2) If the person is convicted of a Class C felony, Class D felony, or an unclassified felony, an additional period of imprisonment of at least six (6) months but no more than two (2) years; and (3) If the person is convicted of a Class Y felony, Class A felony, or Class B felony, an additional period of imprisonment of at least two (2) years but no more than ten (10) years. Added by Act 2017, No. 955,§ 2, eff. 8/1/2017.

(a) A person is subject to an enhanced sentence under this section if the person purposely selected the victim of an offense committed by the person because the victim is a railroad or public transit employee.

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

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

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

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

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

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

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

Added by Act 2017, No. 955,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 5-1-107 — AR Code / Title 5 / Chapter 1 / Section 5-1-107
Misdemeanors
Status: in_force

(a) An offense is a misdemeanor if the offense is: (1) Designated a misdemeanor by the Arkansas Criminal Code; (2) Designated a misdemeanor by a statute not a part of the Arkansas Criminal Code, except as provided in § 5-1-108 ; or (3) Not designated a felony and a sentence to imprisonment is authorized upon conviction. (b) A misdemeanor is classified as follows: (1) Class A misdemeanor; (2) Class B misdemeanor; or (3) Class C misdemeanor. (c) (1) Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does not specify the class of the misdemeanor or prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is a Class A misdemeanor. (2) Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is an unclassified misdemeanor. Acts 1975, No. 280, § 113; A.S.A. 1947, § 41-113.

(a) An offense is a misdemeanor if the offense is: (1) Designated a misdemeanor by the Arkansas Criminal Code; (2) Designated a misdemeanor by a statute not a part of the Arkansas Criminal Code, except as provided in § 5-1-108 ; or (3) Not designated a felony and a sentence to imprisonment is authorized upon conviction.

(1) Designated a misdemeanor by the Arkansas Criminal Code;

(2) Designated a misdemeanor by a statute not a part of the Arkansas Criminal Code, except as provided in § 5-1-108 ; or

(3) Not designated a felony and a sentence to imprisonment is authorized upon conviction.

(b) A misdemeanor is classified as follows: (1) Class A misdemeanor; (2) Class B misdemeanor; or (3) Class C misdemeanor.

(1) Class A misdemeanor;

(2) Class B misdemeanor; or

(3) Class C misdemeanor.

(c) (1) Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does not specify the class of the misdemeanor or prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is a Class A misdemeanor. (2) Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is an unclassified misdemeanor.

(1) Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does not specify the class of the misdemeanor or prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is a Class A misdemeanor.

(2) Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is an unclassified misdemeanor.

Acts 1975, No. 280, § 113; A.S.A. 1947, § 41-113.
Ark. Code Ann. § 5-37-522 — AR Code / Title 5 / Chapter 37 / Subchapter 5 / Section 5-37-522
Tobacco - Removal of serial number on container
Status: in_force

(a) It is unlawful for any person to remove, obliterate, or otherwise render unreadable the manufacturer's serial number or code number on any case, carton, package, or other container of any tobacco product. (b) Any person violating a provision of this section is guilty of a Class A misdemeanor. Acts 1963, No. 251, §§ 1, 2; A.S.A. 1947, §§ 41-2362, 41-2363; Acts 2005, No. 1994, § 347.

(a) It is unlawful for any person to remove, obliterate, or otherwise render unreadable the manufacturer's serial number or code number on any case, carton, package, or other container of any tobacco product.

(b) Any person violating a provision of this section is guilty of a Class A misdemeanor.

Acts 1963, No. 251, §§ 1, 2; A.S.A. 1947, §§ 41-2362, 41-2363; Acts 2005, No. 1994, § 347.
Ark. Code Ann. § 5-12-102 — AR Code / Title 5 / Chapter 12 / Section 5-12-102
Robbery
Status: in_force

(a) A person commits robbery if, with the purpose of committing a felony or misdemeanor theft or resisting apprehension immediately after committing a felony or misdemeanor theft, the person employs or threatens to immediately employ physical force upon another person. (b) Robbery is a Class B felony. Acts 1975, No. 280, § 2103; A.S.A. 1947, § 41-2103; Acts 1987, No. 934, § 1.

(a) A person commits robbery if, with the purpose of committing a felony or misdemeanor theft or resisting apprehension immediately after committing a felony or misdemeanor theft, the person employs or threatens to immediately employ physical force upon another person.

(b) Robbery is a Class B felony.

Acts 1975, No. 280, § 2103; A.S.A. 1947, § 41-2103; Acts 1987, No. 934, § 1.
Ark. Code Ann. § 5-73-314 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-314
Lost, destroyed, or duplicate license - Change of address
Status: in_force

(a) Within thirty (30) days after the changing of a permanent address, or within thirty (30) days after having a license to carry a concealed handgun lost, the licensee shall notify the Director of the Division of Arkansas State Police in writing of the change or loss. (b) If a license to carry a concealed handgun is lost or destroyed, or a duplicate is requested, the person to whom the license to carry a concealed handgun was issued shall comply with the provisions of subsection (a) of this section and may obtain a duplicate license or replacement license upon: (1) Paying the Division of Arkansas State Police a fee established by the director under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and (2) Furnishing a notarized statement to the division that the license to carry a concealed handgun has been lost or destroyed or that a duplicate is requested. (c) The fee described in subdivision (b)(1) of this section shall be reduced by fifty percent (50%) if a person sixty-five (65) years of age or older is requesting a replacement or duplicate license under this section. Amended by Act 2019, No. 910,§ 5749, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5748, eff. 7/1/2019. Amended by Act 2015, No. 1155,§ 15, eff. 7/22/2015. Amended by Act 2013, No. 1271,§ 2, eff. 4/16/2013. Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 2011, No. 758, § 3.

(a) Within thirty (30) days after the changing of a permanent address, or within thirty (30) days after having a license to carry a concealed handgun lost, the licensee shall notify the Director of the Division of Arkansas State Police in writing of the change or loss.

(b) If a license to carry a concealed handgun is lost or destroyed, or a duplicate is requested, the person to whom the license to carry a concealed handgun was issued shall comply with the provisions of subsection (a) of this section and may obtain a duplicate license or replacement license upon: (1) Paying the Division of Arkansas State Police a fee established by the director under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and (2) Furnishing a notarized statement to the division that the license to carry a concealed handgun has been lost or destroyed or that a duplicate is requested.

(1) Paying the Division of Arkansas State Police a fee established by the director under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and

(2) Furnishing a notarized statement to the division that the license to carry a concealed handgun has been lost or destroyed or that a duplicate is requested.

(c) The fee described in subdivision (b)(1) of this section shall be reduced by fifty percent (50%) if a person sixty-five (65) years of age or older is requesting a replacement or duplicate license under this section.

Amended by Act 2019, No. 910,§ 5749, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5748, eff. 7/1/2019.

Amended by Act 2015, No. 1155,§ 15, eff. 7/22/2015.

Amended by Act 2013, No. 1271,§ 2, eff. 4/16/2013.

Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 2011, No. 758, § 3.
Ark. Code Ann. § 5-72-108 — AR Code / Title 5 / Chapter 72 / Section 5-72-108
Injuring or destroying bridges, dams, levees, or embankments
Status: in_force

Any person who willfully and maliciously cuts down, breaks, injures, or destroys any bridge, mill-dam or other dam, or levee erected or constructed to create hydraulic power or to prevent the overflow of lands or any embankment necessary to support the dam or levee or makes or causes to be made any aperture in the dam or embankment with intent to destroy or injure the dam or embankment is guilty of a violation and upon conviction shall be fined in any sum not exceeding five thousand dollars ($5,000). Rev. Stat., ch. 44, div. 4, art. 9, § 4; C. & M. Dig., § 2530; Pope's Dig., § 3180; A.S.A. 1947, § 41-4056; Acts 2005, No. 1994, § 57.

Any person who willfully and maliciously cuts down, breaks, injures, or destroys any bridge, mill-dam or other dam, or levee erected or constructed to create hydraulic power or to prevent the overflow of lands or any embankment necessary to support the dam or levee or makes or causes to be made any aperture in the dam or embankment with intent to destroy or injure the dam or embankment is guilty of a violation and upon conviction shall be fined in any sum not exceeding five thousand dollars ($5,000).

Rev. Stat., ch. 44, div. 4, art. 9, § 4; C. & M. Dig., § 2530; Pope's Dig., § 3180; A.S.A. 1947, § 41-4056; Acts 2005, No. 1994, § 57.
Ark. Code Ann. § 5-40-103 — AR Code / Title 5 / Chapter 40 / Section 5-40-103
Removal of improvements to land after forfeiture to state
Status: in_force

(a) If any land or town or city lot has been forfeited to the State of Arkansas for the nonpayment of taxes and the title of the state to the land or town or city lot has been confirmed, it is unlawful after the date of the confirmation decree for the former owner or any other person to sell, buy, damage, or remove from the land or town or city lot any building, fence, or other improvement on the land or town or city lot. (b) Upon conviction, any person violating this section is guilty of a Class B misdemeanor and is liable to the State of Arkansas for three (3) times the amount of the value of the building, fence, or other improvement that is sold, bought, damaged, or removed in violation of this section. Acts 1943, No. 224, §§ 1, 2; A.S.A. 1947, §§ 10-308, 10-309; Acts 2005, No. 1994, § 380; 2007, No. 827, § 43.

(a) If any land or town or city lot has been forfeited to the State of Arkansas for the nonpayment of taxes and the title of the state to the land or town or city lot has been confirmed, it is unlawful after the date of the confirmation decree for the former owner or any other person to sell, buy, damage, or remove from the land or town or city lot any building, fence, or other improvement on the land or town or city lot.

(b) Upon conviction, any person violating this section is guilty of a Class B misdemeanor and is liable to the State of Arkansas for three (3) times the amount of the value of the building, fence, or other improvement that is sold, bought, damaged, or removed in violation of this section.

Acts 1943, No. 224, §§ 1, 2; A.S.A. 1947, §§ 10-308, 10-309; Acts 2005, No. 1994, § 380; 2007, No. 827, § 43.
Ark. Code Ann. § 5-26-201 — AR Code / Title 5 / Chapter 26 / Subchapter 2 / Section 5-26-201
Bigamy
Status: in_force

(a) A person commits bigamy if, being married, he or she purports to marry another person. (b) It is an affirmative defense to a prosecution under this section that at the time of the alleged offense the actor: (1) Reasonably believed that the prior spouse was dead; (2) Had lived apart from the prior spouse for five (5) consecutive years throughout which time the prior spouse was not known to the actor to be alive; (3) Reasonably believed that a court had ordered a valid termination or annulment of the prior marriage; or (4) Otherwise reasonably believed that the actor was legally eligible to marry. (c) Bigamy is a Class A misdemeanor. Acts 1975, No. 280, § 2402; A.S.A. 1947, § 41-2402.

(a) A person commits bigamy if, being married, he or she purports to marry another person.

(b) It is an affirmative defense to a prosecution under this section that at the time of the alleged offense the actor: (1) Reasonably believed that the prior spouse was dead; (2) Had lived apart from the prior spouse for five (5) consecutive years throughout which time the prior spouse was not known to the actor to be alive; (3) Reasonably believed that a court had ordered a valid termination or annulment of the prior marriage; or (4) Otherwise reasonably believed that the actor was legally eligible to marry.

(1) Reasonably believed that the prior spouse was dead;

(2) Had lived apart from the prior spouse for five (5) consecutive years throughout which time the prior spouse was not known to the actor to be alive;

(3) Reasonably believed that a court had ordered a valid termination or annulment of the prior marriage; or

(4) Otherwise reasonably believed that the actor was legally eligible to marry.

(c) Bigamy is a Class A misdemeanor.

Acts 1975, No. 280, § 2402; A.S.A. 1947, § 41-2402.
Ark. Code Ann. § 5-5-202 — AR Code / Title 5 / Chapter 5 / Subchapter 2 / Section 5-5-202
Seizure of conveyances
Status: in_force

(a) A conveyance subject to forfeiture under this subchapter may be seized by any law enforcement agent upon process issued by any circuit court having jurisdiction over the conveyance upon a petition filed by the prosecuting attorney of the judicial district. (b) Seizure without process may be made if: (1) The seizure is incident to an arrest or a search under a search warrant; or (2) Any law enforcement officer has probable cause to believe that the conveyance was used in the commission or attempt of: (A) A burglary; (B) A robbery; (C) A theft; (D) An arson; or (E) Trafficking of persons, § 5-18-103 . Amended by Act 2015, No. 1155,§ 4, eff. 7/22/2015. Amended by Act 2013, No. 1157,§ 3, eff. 8/16/2013. Acts 1985, No. 238, § 2; A.S.A. 1947, § 41-1404.

(a) A conveyance subject to forfeiture under this subchapter may be seized by any law enforcement agent upon process issued by any circuit court having jurisdiction over the conveyance upon a petition filed by the prosecuting attorney of the judicial district.

(b) Seizure without process may be made if: (1) The seizure is incident to an arrest or a search under a search warrant; or (2) Any law enforcement officer has probable cause to believe that the conveyance was used in the commission or attempt of: (A) A burglary; (B) A robbery; (C) A theft; (D) An arson; or (E) Trafficking of persons, § 5-18-103 .

(1) The seizure is incident to an arrest or a search under a search warrant; or

(2) Any law enforcement officer has probable cause to believe that the conveyance was used in the commission or attempt of: (A) A burglary; (B) A robbery; (C) A theft; (D) An arson; or (E) Trafficking of persons, § 5-18-103 .

(A) A burglary;

(B) A robbery;

(C) A theft;

(D) An arson; or

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

Amended by Act 2015, No. 1155,§ 4, eff. 7/22/2015.

Amended by Act 2013, No. 1157,§ 3, eff. 8/16/2013.

Acts 1985, No. 238, § 2; A.S.A. 1947, § 41-1404.
Ark. Code Ann. § 5-18-104 — AR Code / Title 5 / Chapter 18 / Section 5-18-104
Patronizing a victim of human trafficking
Status: in_force

(a) A person commits the offense of patronizing a victim of human trafficking if he or she knowingly engages in commercial sexual activity with another person who he or she knows or reasonably should know is a victim of human trafficking. (b) (1) Patronizing a victim of human trafficking is a Class B felony. (2) Patronizing a victim of human trafficking is a Class A felony if the victim was a minor at the time of the offense. (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 not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000). (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. 736,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 327,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 327,§ 3, eff. 8/1/2023. Added by Act 2013, No. 133,§ 3, eff. 8/16/2013. Added by Act 2013, No. 132,§ 3, eff. 8/16/2013.

(a) A person commits the offense of patronizing a victim of human trafficking if he or she knowingly engages in commercial sexual activity with another person who he or she knows or reasonably should know is a victim of human trafficking.

(b) (1) Patronizing a victim of human trafficking is a Class B felony. (2) Patronizing a victim of human trafficking is a Class A felony if the victim was a minor at the time of the offense.

(1) Patronizing a victim of human trafficking is a Class B felony.

(2) Patronizing a victim of human trafficking is a Class A felony if the victim was a minor at the time of the offense.

(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 not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000). (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 not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000).

(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. 736,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 327,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 327,§ 3, eff. 8/1/2023.

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

Added by Act 2013, No. 132,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 5-69-101 — AR Code / Title 5 / Chapter 69 / Section 5-69-101
Extension of gas pipe without permission
Status: in_force

(a) It is declared to be unlawful for any person in any manner to change, extend, or alter, or to cause to be changed, extended, or altered, any service or other pipe or attachment of any kind, by or through which natural or artificial gas is furnished from the gas mains or pipes of any person, company, or corporation without first securing from that person, company, or corporation written permission to make the change, extension, or alteration. (b) Any person violating any provision of subsection (a) of this section upon conviction is guilty of a Class A misdemeanor. Acts 1905, No. 242, §§ 4, 5, p. 635; C. & M. Dig., §§ 2481, 2482; Pope's Dig., §§ 3120, 3121; A.S.A. 1947, §§ 41-3651, 41-3652; Acts 2005, No. 1994, § 467.

(a) It is declared to be unlawful for any person in any manner to change, extend, or alter, or to cause to be changed, extended, or altered, any service or other pipe or attachment of any kind, by or through which natural or artificial gas is furnished from the gas mains or pipes of any person, company, or corporation without first securing from that person, company, or corporation written permission to make the change, extension, or alteration.

(b) Any person violating any provision of subsection (a) of this section upon conviction is guilty of a Class A misdemeanor.

Acts 1905, No. 242, §§ 4, 5, p. 635; C. & M. Dig., §§ 2481, 2482; Pope's Dig., §§ 3120, 3121; A.S.A. 1947, §§ 41-3651, 41-3652; Acts 2005, No. 1994, § 467.
Ark. Code Ann. § 5-68-401 — AR Code / Title 5 / Chapter 68 / Subchapter 4 / Section 5-68-401
Title
Status: in_force

This subchapter shall be known as the "Arkansas Law on Obscenity" and may be referred to by that designation. Acts 1961, No. 261, § 1; A.S.A. 1947, § 41-3562.

This subchapter shall be known as the "Arkansas Law on Obscenity" and may be referred to by that designation.

Acts 1961, No. 261, § 1; A.S.A. 1947, § 41-3562.
Ark. Code Ann. § 5-60-124 — AR Code / Title 5 / Chapter 60 / Subchapter 1 / Section 5-60-124
Interference with emergency communication in the first degree
Status: in_force

(a) A person commits the offense of interference with emergency communication in the first degree if he or she knowingly displaces, damages, or disables another person's telephone or other communication device with the purpose of defeating the other person's ability to request with good cause emergency assistance from a law enforcement agency, medical facility, or other government agency or entity that provides emergency assistance. (b) Interference with emergency communication in the first degree is a Class A misdemeanor. Acts 2007, No. 162, § 1.

(a) A person commits the offense of interference with emergency communication in the first degree if he or she knowingly displaces, damages, or disables another person's telephone or other communication device with the purpose of defeating the other person's ability to request with good cause emergency assistance from a law enforcement agency, medical facility, or other government agency or entity that provides emergency assistance.

(b) Interference with emergency communication in the first degree is a Class A misdemeanor.

Acts 2007, No. 162, § 1.
Ark. Code Ann. § 5-1-112 — AR Code / Title 5 / Chapter 1 / Section 5-1-112
Affirmative defense - Former prosecution for same offense
Status: in_force

A former prosecution is an affirmative defense to a subsequent prosecution for the same offense under any of the following circumstances: (1) (A) The former prosecution resulted in an acquittal. (B) (i) There is an acquittal if the former prosecution resulted in a determination of not guilty. (ii) A determination of guilt of a lesser included offense is an acquittal of the greater inclusive offense although the conviction is subsequently set aside; (2) (A) The former prosecution resulted in a conviction. (B) There is a conviction if the former prosecution resulted in a: (i) Judgment of conviction that has not been reversed or vacated; (ii) Verdict of guilty that has not been set aside and that is capable of supporting a judgment; or (iii) Plea of guilty or nolo contendere accepted by the court; or (3) The former prosecution was terminated without the express or implied consent of the defendant after the jury was sworn or, if trial was before the court, after the first witness was sworn, unless the termination was justified by overruling necessity. Acts 1975, No. 280, § 106; A.S.A. 1947, § 41-106.

A former prosecution is an affirmative defense to a subsequent prosecution for the same offense under any of the following circumstances:

(1) (A) The former prosecution resulted in an acquittal. (B) (i) There is an acquittal if the former prosecution resulted in a determination of not guilty. (ii) A determination of guilt of a lesser included offense is an acquittal of the greater inclusive offense although the conviction is subsequently set aside;

(A) The former prosecution resulted in an acquittal.

(B) (i) There is an acquittal if the former prosecution resulted in a determination of not guilty. (ii) A determination of guilt of a lesser included offense is an acquittal of the greater inclusive offense although the conviction is subsequently set aside;

(i) There is an acquittal if the former prosecution resulted in a determination of not guilty.

(ii) A determination of guilt of a lesser included offense is an acquittal of the greater inclusive offense although the conviction is subsequently set aside;

(2) (A) The former prosecution resulted in a conviction. (B) There is a conviction if the former prosecution resulted in a: (i) Judgment of conviction that has not been reversed or vacated; (ii) Verdict of guilty that has not been set aside and that is capable of supporting a judgment; or (iii) Plea of guilty or nolo contendere accepted by the court; or

(A) The former prosecution resulted in a conviction.

(B) There is a conviction if the former prosecution resulted in a: (i) Judgment of conviction that has not been reversed or vacated; (ii) Verdict of guilty that has not been set aside and that is capable of supporting a judgment; or (iii) Plea of guilty or nolo contendere accepted by the court; or

(i) Judgment of conviction that has not been reversed or vacated;

(ii) Verdict of guilty that has not been set aside and that is capable of supporting a judgment; or

(iii) Plea of guilty or nolo contendere accepted by the court; or

(3) The former prosecution was terminated without the express or implied consent of the defendant after the jury was sworn or, if trial was before the court, after the first witness was sworn, unless the termination was justified by overruling necessity.

Acts 1975, No. 280, § 106; A.S.A. 1947, § 41-106.
Ark. Code Ann. § 5-62-121 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-121
Transfer of certain chicks, ducklings, or rabbits
Status: in_force

(a) It is unlawful for any person, firm, or corporation to sell or offer for sale, barter, or give away living baby chicks, rabbits, or ducklings under two (2) months of age in any quantity less than six (6). (b) It is unlawful for any person, firm, or corporation to sell, offer for sale, barter, give away, or display living baby chicks, rabbits, or ducklings that have been dyed, colored, or otherwise treated so as to impart to them an artificial color. (c) This section shall not be construed to prohibit the sale or display of natural baby chicks, rabbits, or ducklings in a proper brooder facility by a hatchery or store engaged in the business of selling them for commercial purposes. (d) Any person, firm, or corporation violating any provision of this section upon conviction is deemed guilty of a Class C misdemeanor. (e) Nothing in this section prohibits a grower of living baby chicks, rabbits, ducklings, or other fowl from selling or making gifts of them in quantities the grower deems appropriate. Acts 1977, No. 792, § 1; A.S.A. 1947, § 41-4101.

(a) It is unlawful for any person, firm, or corporation to sell or offer for sale, barter, or give away living baby chicks, rabbits, or ducklings under two (2) months of age in any quantity less than six (6).

(b) It is unlawful for any person, firm, or corporation to sell, offer for sale, barter, give away, or display living baby chicks, rabbits, or ducklings that have been dyed, colored, or otherwise treated so as to impart to them an artificial color.

(c) This section shall not be construed to prohibit the sale or display of natural baby chicks, rabbits, or ducklings in a proper brooder facility by a hatchery or store engaged in the business of selling them for commercial purposes.

(d) Any person, firm, or corporation violating any provision of this section upon conviction is deemed guilty of a Class C misdemeanor.

(e) Nothing in this section prohibits a grower of living baby chicks, rabbits, ducklings, or other fowl from selling or making gifts of them in quantities the grower deems appropriate.

Acts 1977, No. 792, § 1; A.S.A. 1947, § 41-4101.
Ark. Code Ann. § 5-51-208 — AR Code / Title 5 / Chapter 51 / Subchapter 2 / Section 5-51-208
Contempt for or desecration of the Arkansas flag
Status: in_force

(a) (1) Any person who, for profit, knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon an Arkansas flag shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one (1) year, or both. (2) This subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled. (b) As used in this section, "Arkansas flag" means any flag of Arkansas, or any part of a flag of Arkansas, made of any substance, or any size, in a form that is commonly displayed. Acts 1995, No. 880, § 1.

(a) (1) Any person who, for profit, knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon an Arkansas flag shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one (1) year, or both. (2) This subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled.

(1) Any person who, for profit, knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon an Arkansas flag shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one (1) year, or both.

(2) This subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled.

(b) As used in this section, "Arkansas flag" means any flag of Arkansas, or any part of a flag of Arkansas, made of any substance, or any size, in a form that is commonly displayed.

Acts 1995, No. 880, § 1.
Ark. Code Ann. § 5-13-310 — AR Code / Title 5 / Chapter 13 / Subchapter 3 / Section 5-13-310
Terroristic act
Status: in_force

(a) A person commits a terroristic act if, while not in the commission of a lawful act, the person: (1) Shoots at or in any manner projects an object at a conveyance which is being operated or which is occupied by another person with the purpose to cause injury to another person or damage to property; or (2) Shoots at an occupiable structure with the purpose to cause injury to a person or damage to property. (b) (1) Upon conviction, any person who commits a terroristic act is guilty of a Class B felony. (2) Upon conviction, any person who commits a terroristic act is guilty of a Class Y felony if the person with the purpose of causing physical injury to another person causes serious physical injury or death to any person. (c) This section does not repeal any law or part of a law in conflict with this section, but is supplemental to the law or part of a law in conflict. Acts 1975, No. 312, §§ 1-3; 1979, No. 428, § 1; A.S.A. 1947, §§ 41-1651, 41-1652, 41-1652n; Acts 1993, No. 544, § 1; 2005, No. 197, § 1; 2007, No. 827, § 29.

(a) A person commits a terroristic act if, while not in the commission of a lawful act, the person: (1) Shoots at or in any manner projects an object at a conveyance which is being operated or which is occupied by another person with the purpose to cause injury to another person or damage to property; or (2) Shoots at an occupiable structure with the purpose to cause injury to a person or damage to property.

(1) Shoots at or in any manner projects an object at a conveyance which is being operated or which is occupied by another person with the purpose to cause injury to another person or damage to property; or

(2) Shoots at an occupiable structure with the purpose to cause injury to a person or damage to property.

(b) (1) Upon conviction, any person who commits a terroristic act is guilty of a Class B felony. (2) Upon conviction, any person who commits a terroristic act is guilty of a Class Y felony if the person with the purpose of causing physical injury to another person causes serious physical injury or death to any person.

(1) Upon conviction, any person who commits a terroristic act is guilty of a Class B felony.

(2) Upon conviction, any person who commits a terroristic act is guilty of a Class Y felony if the person with the purpose of causing physical injury to another person causes serious physical injury or death to any person.

(c) This section does not repeal any law or part of a law in conflict with this section, but is supplemental to the law or part of a law in conflict.

Acts 1975, No. 312, §§ 1-3; 1979, No. 428, § 1; A.S.A. 1947, §§ 41-1651, 41-1652, 41-1652n; Acts 1993, No. 544, § 1; 2005, No. 197, § 1; 2007, No. 827, § 29.
Ark. Code Ann. § 5-65-302 — AR Code / Title 5 / Chapter 65 / Subchapter 3 / Section 5-65-302
[Repealed]
Status: repealed

Repealed by Act 2015, No. 299,§ 13, eff. 7/22/2015. Acts 1993, No. 863, § 2.

Repealed by Act 2015, No. 299,§ 13, eff. 7/22/2015.

Acts 1993, No. 863, § 2.
Ark. Code Ann. § 5-64-1109 — AR Code / Title 5 / Chapter 64 / Subchapter 11 / Section 5-64-1109
Promulgation of rules
Status: in_force

The Arkansas Crime Information Center, after consulting with the Arkansas State Board of Pharmacy, shall promulgate rules necessary to: (1) Implement the provisions of §§ 5-64-1104(a)(2) and 5-64-1106 - 5-64-1112 ; (2) Ensure that the real-time electronic logbook enables a pharmacy to monitor the sales of ephedrine, pseudoephedrine, or phenylpropanolamine occurring at that pharmacy; (3) Allow a pharmacy to determine whether it will access information concerning sales of ephedrine, pseudoephedrine, or phenylpropanolamine made at other pharmacies in this state; and (4) Ensure that the real-time electronic logbook does not allow access to a competitor's pricing information for ephedrine, pseudoephedrine, and phenylpropanalomine. Acts 2007, No. 508, § 3.

The Arkansas Crime Information Center, after consulting with the Arkansas State Board of Pharmacy, shall promulgate rules necessary to:

(1) Implement the provisions of §§ 5-64-1104(a)(2) and 5-64-1106 - 5-64-1112 ;

(2) Ensure that the real-time electronic logbook enables a pharmacy to monitor the sales of ephedrine, pseudoephedrine, or phenylpropanolamine occurring at that pharmacy;

(3) Allow a pharmacy to determine whether it will access information concerning sales of ephedrine, pseudoephedrine, or phenylpropanolamine made at other pharmacies in this state; and

(4) Ensure that the real-time electronic logbook does not allow access to a competitor's pricing information for ephedrine, pseudoephedrine, and phenylpropanalomine.

Acts 2007, No. 508, § 3.
Ark. Code Ann. § 5-65-201 — AR Code / Title 5 / Chapter 65 / Subchapter 2 / Section 5-65-201
Rules
Status: in_force

The Department of Health may promulgate rules reasonably necessary to carry out the purposes of this subchapter. Amended by Act 2019, No. 315,§ 168, eff. 7/24/2019. Acts 1969, No. 106, § 2; A.S.A. 1947, § 75-1046.

The Department of Health may promulgate rules reasonably necessary to carry out the purposes of this subchapter.

Amended by Act 2019, No. 315,§ 168, eff. 7/24/2019.

Acts 1969, No. 106, § 2; A.S.A. 1947, § 75-1046.
Ark. Code Ann. § 5-54-206 — AR Code / Title 5 / Chapter 54 / Subchapter 2 / Section 5-54-206
Terrorism - Enhanced penalties
Status: in_force

(a) Any person who is found guilty of or who pleads guilty or nolo contendere to terrorism, § 5-54-205 , may be subject to an enhanced sentence of an additional term of imprisonment of ten (10) years if the person's acts caused serious physical injury to a law enforcement officer, firefighter, or emergency service technician providing emergency assistance at the scene of the act of terrorism. (b) The enhanced portion of the sentence is consecutive to any other sentence imposed. (c) Any person sentenced under this section is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the enhanced portion of the sentence. Amended by Act 2023, No. 659,§ 42, eff. 1/1/2024. Acts 2003, No. 1342, § 3; 2007, No. 1047, § 2.

(a) Any person who is found guilty of or who pleads guilty or nolo contendere to terrorism, § 5-54-205 , may be subject to an enhanced sentence of an additional term of imprisonment of ten (10) years if the person's acts caused serious physical injury to a law enforcement officer, firefighter, or emergency service technician providing emergency assistance at the scene of the act of terrorism.

(b) The enhanced portion of the sentence is consecutive to any other sentence imposed.

(c) Any person sentenced under this section is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the enhanced portion of the sentence.

Amended by Act 2023, No. 659,§ 42, eff. 1/1/2024.

Acts 2003, No. 1342, § 3; 2007, No. 1047, § 2.
Ark. Code Ann. § 5-68-408 — AR Code / Title 5 / Chapter 68 / Subchapter 4 / Section 5-68-408
Order to show cause
Status: in_force

(a) Upon the filing of the complaint described in § 5-68-407 , the prosecuting attorney shall present the complaint, including the exhibit to the complaint, as soon as practicable to the circuit court for its examination. (b) If there is no probable cause to believe that the mailable matter described in the complaint is obscene, the circuit court shall dismiss the complaint. (c) If the circuit court finds probable cause to believe the mailable matter to be obscene, it shall issue an order to show cause why the mailable matter shall not be adjudicated obscene, returnable not less than ten (10) days after the order's service, directed against the mailable matter by name or description and directing the service of a copy of the order, together with a copy of the complaint upon the mailable matter and upon each of the respondents named in the complaint. (d) Service of the order shall be made upon the mailable matter at its place of publication or its editorial offices as shown in the order. (e) Service of the order or any copy of the order may be made in any manner provided by law, and in case of mailable matter published or edited outside of the State of Arkansas and of any nonresident respondent, by registered or certified mail directed to the mailable matter of the respondent to be served at the address shown in the complaint. (f) Proof of the mailing is deemed to be prima facie evidence of service of the order or a copy of the order upon the mailable matter or any respondent for the purposes of this section. Acts 1961, No. 261, § 7; A.S.A. 1947, § 41-3568.

(a) Upon the filing of the complaint described in § 5-68-407 , the prosecuting attorney shall present the complaint, including the exhibit to the complaint, as soon as practicable to the circuit court for its examination.

(b) If there is no probable cause to believe that the mailable matter described in the complaint is obscene, the circuit court shall dismiss the complaint.

(c) If the circuit court finds probable cause to believe the mailable matter to be obscene, it shall issue an order to show cause why the mailable matter shall not be adjudicated obscene, returnable not less than ten (10) days after the order's service, directed against the mailable matter by name or description and directing the service of a copy of the order, together with a copy of the complaint upon the mailable matter and upon each of the respondents named in the complaint.

(d) Service of the order shall be made upon the mailable matter at its place of publication or its editorial offices as shown in the order.

(e) Service of the order or any copy of the order may be made in any manner provided by law, and in case of mailable matter published or edited outside of the State of Arkansas and of any nonresident respondent, by registered or certified mail directed to the mailable matter of the respondent to be served at the address shown in the complaint.

(f) Proof of the mailing is deemed to be prima facie evidence of service of the order or a copy of the order upon the mailable matter or any respondent for the purposes of this section.

Acts 1961, No. 261, § 7; A.S.A. 1947, § 41-3568.
Ark. Code Ann. § 5-3-405 — AR Code / Title 5 / Chapter 3 / Subchapter 4 / Section 5-3-405
Renunciation of criminal purpose
Status: in_force

It is an affirmative defense to a prosecution for conspiracy to commit an offense that the defendant: (1) Thwarted the success of the conspiracy under circumstances manifesting a complete and voluntary renunciation of the defendant's criminal purpose; or (2) Terminated his or her participation in the conspiracy and: (A) Gave timely warning to an appropriate law enforcement authority; or (B) Otherwise made a substantial effort to prevent the commission of the offense, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal purpose. Acts 1975, No. 280, § 710; A.S.A. 1947, § 41-710.

It is an affirmative defense to a prosecution for conspiracy to commit an offense that the defendant:

(1) Thwarted the success of the conspiracy under circumstances manifesting a complete and voluntary renunciation of the defendant's criminal purpose; or

(2) Terminated his or her participation in the conspiracy and: (A) Gave timely warning to an appropriate law enforcement authority; or (B) Otherwise made a substantial effort to prevent the commission of the offense, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal purpose.

(A) Gave timely warning to an appropriate law enforcement authority; or

(B) Otherwise made a substantial effort to prevent the commission of the offense, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal purpose.

Acts 1975, No. 280, § 710; A.S.A. 1947, § 41-710.
Ark. Code Ann. § 5-70-106 — AR Code / Title 5 / Chapter 70 / Section 5-70-106
Promoting prostitution in the third degree
Status: in_force

(a) A person commits the offense of promoting prostitution in the third degree if: (1) Having a possessory or proprietary interest in premises that he or she knows is being used for prostitution, the person fails to make reasonable effort to halt or abate the use for prostitution; or (2) He or she knowingly advances prostitution or profits from prostitution. (b) Promoting prostitution in the third degree is a Class B misdemeanor. (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 one thousand dollars ($1,000). (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. 327,§ 11, eff. 8/1/2023. Acts 1975, No. 280, § 3006; A.S.A. 1947, § 41-3006.

(a) A person commits the offense of promoting prostitution in the third degree if: (1) Having a possessory or proprietary interest in premises that he or she knows is being used for prostitution, the person fails to make reasonable effort to halt or abate the use for prostitution; or (2) He or she knowingly advances prostitution or profits from prostitution.

(1) Having a possessory or proprietary interest in premises that he or she knows is being used for prostitution, the person fails to make reasonable effort to halt or abate the use for prostitution; or

(2) He or she knowingly advances prostitution or profits from prostitution.

(b) Promoting prostitution in the third degree is a Class B misdemeanor.

(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 one thousand dollars ($1,000). (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 one thousand dollars ($1,000).

(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. 327,§ 11, eff. 8/1/2023.

Acts 1975, No. 280, § 3006; A.S.A. 1947, § 41-3006.
Ark. Code Ann. § 5-54-130 — AR Code / Title 5 / Chapter 54 / Subchapter 1 / Section 5-54-130
Radio voice privacy adapters
Status: in_force

(a) It is unlawful for any person other than a law enforcement officer or law enforcement agency, a fire department, the Department of Health, or an employee of a law enforcement agency, a fire department, or the Department of Health to own or operate or possess any radio equipment described as a voice privacy adapter or any other device capable of receiving and decoding police department, fire department, or Department of Health communications that have been transmitted through a voice privacy adapter. (b) This section does not apply to any police department or agency, any other agency having law enforcement responsibility, a fire department of any political subdivision of this state, or to the Department of Health. (c) Any person who violates this section is guilty of a violation and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (d) As used in this section, "person" means any person, firm, corporation, association, club, copartnership, society, or any other organization. Acts 1975, No. 973, §§ 1-4; A.S.A. 1947, §§ 41-2854 -- 41-2857; Acts 2005, No. 1994, § 51; 2011, No. 178, § 1.

(a) It is unlawful for any person other than a law enforcement officer or law enforcement agency, a fire department, the Department of Health, or an employee of a law enforcement agency, a fire department, or the Department of Health to own or operate or possess any radio equipment described as a voice privacy adapter or any other device capable of receiving and decoding police department, fire department, or Department of Health communications that have been transmitted through a voice privacy adapter.

(b) This section does not apply to any police department or agency, any other agency having law enforcement responsibility, a fire department of any political subdivision of this state, or to the Department of Health.

(c) Any person who violates this section is guilty of a violation and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

(d) As used in this section, "person" means any person, firm, corporation, association, club, copartnership, society, or any other organization.

Acts 1975, No. 973, §§ 1-4; A.S.A. 1947, §§ 41-2854 -- 41-2857; Acts 2005, No. 1994, § 51; 2011, No. 178, § 1.
Ark. Code Ann. § 5-62-127 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-127
Removal of an animal's transmittal device
Status: in_force

(a) A person commits removal of an animal's transmittal device if he or she knowingly: (1) Removes a transmittal device from a dog used in hunting or a raptor used in falconry without permission of the owner; and (2) Removes the transmittal device with the purpose to prevent or hinder the owner from locating the dog used in hunting or raptor used in falconry. (b) Removal of an animal's transmittal device is a Class C misdemeanor. (c) (1) Upon a finding of guilt, the court shall order that the defendant pay as restitution the actual value of any dog used in hunting or raptor used in falconry lost or killed as a result of the removal of the animal's transmittal device. (2) The court also may order restitution to the owner for any lost breeding revenues. Amended by Act 2015, No. 1155,§ 10, eff. 7/22/2015. Added by Act 2013, No. 1094,§ 1, eff. 8/16/2013.

(a) A person commits removal of an animal's transmittal device if he or she knowingly: (1) Removes a transmittal device from a dog used in hunting or a raptor used in falconry without permission of the owner; and (2) Removes the transmittal device with the purpose to prevent or hinder the owner from locating the dog used in hunting or raptor used in falconry.

(1) Removes a transmittal device from a dog used in hunting or a raptor used in falconry without permission of the owner; and

(2) Removes the transmittal device with the purpose to prevent or hinder the owner from locating the dog used in hunting or raptor used in falconry.

(b) Removal of an animal's transmittal device is a Class C misdemeanor.

(c) (1) Upon a finding of guilt, the court shall order that the defendant pay as restitution the actual value of any dog used in hunting or raptor used in falconry lost or killed as a result of the removal of the animal's transmittal device. (2) The court also may order restitution to the owner for any lost breeding revenues.

(1) Upon a finding of guilt, the court shall order that the defendant pay as restitution the actual value of any dog used in hunting or raptor used in falconry lost or killed as a result of the removal of the animal's transmittal device.

(2) The court also may order restitution to the owner for any lost breeding revenues.

Amended by Act 2015, No. 1155,§ 10, eff. 7/22/2015.

Added by Act 2013, No. 1094,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-2-606 — AR Code / Title 5 / Chapter 2 / Subchapter 6 / Section 5-2-606
Use of physical force in defense of a person
Status: in_force

(a) (1) A person is justified in using physical force upon another person to defend himself or herself or a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force by that other person, and the person may use a degree of physical force that he or she reasonably believes to be necessary. (2) However, the person may not use deadly physical force except as provided in § 5-2-607 . (b) A person is not justified in using physical force upon another person if: (1) With purpose to cause physical injury or death to the other person, the person provokes the use of unlawful physical force by the other person; (2) (A) The person is the initial aggressor. (B) However, the initial aggressor's use of physical force upon another person is justifiable if: (i) The initial aggressor in good faith withdraws from the encounter and effectively communicates to the other person his or her purpose to withdraw from the encounter; and (ii) The other person continues or threatens to continue the use of unlawful physical force; or (3) The physical force involved is the product of a combat by agreement not authorized by law. (c) A person who uses or threatens to use physical force as otherwise permitted under this subchapter does not have a duty to retreat before using or threatening to use the physical force if the person is: (1) Lawfully present in the location; (2) Not engaged in criminal activity that gives rise to the need to use physical force; and (3) Not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined under § 5-74-103 . Amended by Act 2021, No. 250,§ 1, eff. 7/28/2021. Acts 1975, No. 280, § 506; A.S.A. 1947, § 41-506; Acts 2007, No. 827, § 13.

(a) (1) A person is justified in using physical force upon another person to defend himself or herself or a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force by that other person, and the person may use a degree of physical force that he or she reasonably believes to be necessary. (2) However, the person may not use deadly physical force except as provided in § 5-2-607 .

(1) A person is justified in using physical force upon another person to defend himself or herself or a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force by that other person, and the person may use a degree of physical force that he or she reasonably believes to be necessary.

(2) However, the person may not use deadly physical force except as provided in § 5-2-607 .

(b) A person is not justified in using physical force upon another person if: (1) With purpose to cause physical injury or death to the other person, the person provokes the use of unlawful physical force by the other person; (2) (A) The person is the initial aggressor. (B) However, the initial aggressor's use of physical force upon another person is justifiable if: (i) The initial aggressor in good faith withdraws from the encounter and effectively communicates to the other person his or her purpose to withdraw from the encounter; and (ii) The other person continues or threatens to continue the use of unlawful physical force; or (3) The physical force involved is the product of a combat by agreement not authorized by law.

(1) With purpose to cause physical injury or death to the other person, the person provokes the use of unlawful physical force by the other person;

(2) (A) The person is the initial aggressor. (B) However, the initial aggressor's use of physical force upon another person is justifiable if: (i) The initial aggressor in good faith withdraws from the encounter and effectively communicates to the other person his or her purpose to withdraw from the encounter; and (ii) The other person continues or threatens to continue the use of unlawful physical force; or

(A) The person is the initial aggressor.

(B) However, the initial aggressor's use of physical force upon another person is justifiable if: (i) The initial aggressor in good faith withdraws from the encounter and effectively communicates to the other person his or her purpose to withdraw from the encounter; and (ii) The other person continues or threatens to continue the use of unlawful physical force; or

(i) The initial aggressor in good faith withdraws from the encounter and effectively communicates to the other person his or her purpose to withdraw from the encounter; and

(ii) The other person continues or threatens to continue the use of unlawful physical force; or

(3) The physical force involved is the product of a combat by agreement not authorized by law.

(c) A person who uses or threatens to use physical force as otherwise permitted under this subchapter does not have a duty to retreat before using or threatening to use the physical force if the person is: (1) Lawfully present in the location; (2) Not engaged in criminal activity that gives rise to the need to use physical force; and (3) Not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined under § 5-74-103 .

(1) Lawfully present in the location;

(2) Not engaged in criminal activity that gives rise to the need to use physical force; and

(3) Not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined under § 5-74-103 .

Amended by Act 2021, No. 250,§ 1, eff. 7/28/2021.

Acts 1975, No. 280, § 506; A.S.A. 1947, § 41-506; Acts 2007, No. 827, § 13.
Ark. Code Ann. § 5-54-203 — AR Code / Title 5 / Chapter 54 / Subchapter 2 / Section 5-54-203
Making a terrorist threat
Status: in_force

(a) A person commits the offense of making a terrorist threat if, with the purpose to intimidate or coerce a civilian population or to influence the policy of a government or a unit of government by intimidation or coercion, the person in any manner knowingly threatens to commit or causes to be committed a terrorist act and thereby causes a reasonable expectation or fear of the imminent commission of a terrorist act or of another terrorist act. (b) It is not a defense to a prosecution under this section that at the time the person made the terrorist threat, unknown to him or her it was impossible to carry out the threat, nor is it a defense that the threat was not made to a person who was a subject or intended victim of the threatened act. (c) Making a terrorist threat is a Class A felony. Acts 2003, No. 1342, § 3.

(a) A person commits the offense of making a terrorist threat if, with the purpose to intimidate or coerce a civilian population or to influence the policy of a government or a unit of government by intimidation or coercion, the person in any manner knowingly threatens to commit or causes to be committed a terrorist act and thereby causes a reasonable expectation or fear of the imminent commission of a terrorist act or of another terrorist act.

(b) It is not a defense to a prosecution under this section that at the time the person made the terrorist threat, unknown to him or her it was impossible to carry out the threat, nor is it a defense that the threat was not made to a person who was a subject or intended victim of the threatened act.

(c) Making a terrorist threat is a Class A felony.

Acts 2003, No. 1342, § 3.
Ark. Code Ann. § 5-64-212 — AR Code / Title 5 / Chapter 64 / Subchapter 2 / Section 5-64-212
Substances in Schedule V
Status: in_force

(a) An ephedrine combination product, pseudoephedrine, and phenylpropanolamine, as defined in § 5-64-1105 , are designated Schedule V controlled substances in addition to the drugs and other substances listed in Schedule V of the List of Controlled Substances for the State of Arkansas promulgated by the Secretary of the Department of Health. (b) The Schedule V classification does not apply to: (1) An exempt product described in § 5-64-1103(b)(1) ; or (2) Any ephedrine or pseudoephedrine in liquid, liquid capsule, or liquid gel capsule form described in § 5-64-1103(b)(2) . (c) The secretary may reschedule a product described in subdivision (b)(1) or subdivision (b)(2) of this section if it is determined that the conversion of the active ingredient in the product into methamphetamine or its salts or precursors is feasible. (d) A wholesale distributor with exclusive rights to distribute pseudoephedrine to only licensed pharmacies is exempt from Schedule V requirements for the storage and distribution of pseudoephedrine. Amended by Act 2019, No. 910,§ 4839, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4838, eff. 7/1/2019. Acts 2005, No. 256, § 2; 2011, No. 588, § 1.

(a) An ephedrine combination product, pseudoephedrine, and phenylpropanolamine, as defined in § 5-64-1105 , are designated Schedule V controlled substances in addition to the drugs and other substances listed in Schedule V of the List of Controlled Substances for the State of Arkansas promulgated by the Secretary of the Department of Health.

(b) The Schedule V classification does not apply to: (1) An exempt product described in § 5-64-1103(b)(1) ; or (2) Any ephedrine or pseudoephedrine in liquid, liquid capsule, or liquid gel capsule form described in § 5-64-1103(b)(2) .

(1) An exempt product described in § 5-64-1103(b)(1) ; or

(2) Any ephedrine or pseudoephedrine in liquid, liquid capsule, or liquid gel capsule form described in § 5-64-1103(b)(2) .

(c) The secretary may reschedule a product described in subdivision (b)(1) or subdivision (b)(2) of this section if it is determined that the conversion of the active ingredient in the product into methamphetamine or its salts or precursors is feasible.

(d) A wholesale distributor with exclusive rights to distribute pseudoephedrine to only licensed pharmacies is exempt from Schedule V requirements for the storage and distribution of pseudoephedrine.

Amended by Act 2019, No. 910,§ 4839, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4838, eff. 7/1/2019.

Acts 2005, No. 256, § 2; 2011, No. 588, § 1.
Ark. Code Ann. § 5-27-301 — AR Code / Title 5 / Chapter 27 / Subchapter 3 / Section 5-27-301
Title
Status: in_force

This subchapter may be cited as the "Arkansas Protection of Children Against Exploitation Act of 1979". Acts 1979, No. 499, § 1; A.S.A. 1947, § 41-4201.

This subchapter may be cited as the "Arkansas Protection of Children Against Exploitation Act of 1979".

Acts 1979, No. 499, § 1; A.S.A. 1947, § 41-4201.
Ark. Code Ann. § 5-54-209 — AR Code / Title 5 / Chapter 54 / Subchapter 2 / Section 5-54-209
Use of a hoax substance or hoax bomb
Status: in_force

(a) A person commits the offense of use of a hoax substance or hoax bomb if the person knowingly delivers or causes the delivery of a hoax substance or hoax bomb to a governmental facility, school, business, hospital, office building, or similar facility open to the public, or to a person's home, business, or place of work, with the purpose of causing anxiety, unrest, fear, personal discomfort, or the evacuation of the governmental facility, school, business, hospital, office building, or similar facility open to the public or the person's home, business, or place of work. (b) Use of a hoax substance or hoax bomb is a Class C felony. Amended by Act 2023, No. 174,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 351,§ 2, eff. 7/28/2021. Acts 2003, No. 1342, § 3.

(a) A person commits the offense of use of a hoax substance or hoax bomb if the person knowingly delivers or causes the delivery of a hoax substance or hoax bomb to a governmental facility, school, business, hospital, office building, or similar facility open to the public, or to a person's home, business, or place of work, with the purpose of causing anxiety, unrest, fear, personal discomfort, or the evacuation of the governmental facility, school, business, hospital, office building, or similar facility open to the public or the person's home, business, or place of work.

(b) Use of a hoax substance or hoax bomb is a Class C felony.

Amended by Act 2023, No. 174,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 351,§ 2, eff. 7/28/2021.

Acts 2003, No. 1342, § 3.
Ark. Code Ann. § 5-64-1005 — AR Code / Title 5 / Chapter 64 / Subchapter 10 / Section 5-64-1005
Exemptions
Status: in_force

The provisions of § 5-64-1001 do not apply to any of the following: (1) Any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a physician, dentist, podiatrist, or veterinarian; (2) Any physician, dentist, podiatrist, or veterinarian who administers or furnishes a substance to his or her patient; (3) Any manufacturer or wholesaler licensed by the Arkansas State Board of Pharmacy that sells, transfers, or otherwise furnishes a substance to a licensed pharmacy, physician, dentist, podiatrist, or veterinarian; or (4) Any sale, transfer, furnishing, or receipt by a retail distributor of any drug that contains any ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine and that is sold, transferred, or furnished over the counter without a prescription pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., or regulations adopted under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., if: (A) The drug is sold in a blister pack of not more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine base, each blister containing not more than two (2) dosage units; (B) The use of a blister pack is technically unfeasible, the drug is packaged in a unit dose packet or pouch; (C) The drug is an exempted product described in § 5-64-1103(b)(1) , or the product contains ephedrine or pseudoephedrine in liquid, liquid capsule, or liquid gel capsule form described in § 5-64-1103(b)(2) , and is sold in a package size of not more than three grams (3g) of ephedrine or pseudoephedrine base; and (D) The total quantity of the sale is not greater than three (3) packages or five grams (5g) of ephedrine or nine grams (9g) of pseudoephedrine, whichever is smaller. Acts 1989, No. 518, § 1; 2001, No. 1209, § 1; 2005, No. 256, § 3.

The provisions of § 5-64-1001 do not apply to any of the following:

(1) Any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a physician, dentist, podiatrist, or veterinarian;

(2) Any physician, dentist, podiatrist, or veterinarian who administers or furnishes a substance to his or her patient;

(3) Any manufacturer or wholesaler licensed by the Arkansas State Board of Pharmacy that sells, transfers, or otherwise furnishes a substance to a licensed pharmacy, physician, dentist, podiatrist, or veterinarian; or

(4) Any sale, transfer, furnishing, or receipt by a retail distributor of any drug that contains any ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine and that is sold, transferred, or furnished over the counter without a prescription pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., or regulations adopted under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., if: (A) The drug is sold in a blister pack of not more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine base, each blister containing not more than two (2) dosage units; (B) The use of a blister pack is technically unfeasible, the drug is packaged in a unit dose packet or pouch; (C) The drug is an exempted product described in § 5-64-1103(b)(1) , or the product contains ephedrine or pseudoephedrine in liquid, liquid capsule, or liquid gel capsule form described in § 5-64-1103(b)(2) , and is sold in a package size of not more than three grams (3g) of ephedrine or pseudoephedrine base; and (D) The total quantity of the sale is not greater than three (3) packages or five grams (5g) of ephedrine or nine grams (9g) of pseudoephedrine, whichever is smaller.

(A) The drug is sold in a blister pack of not more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine base, each blister containing not more than two (2) dosage units;

(B) The use of a blister pack is technically unfeasible, the drug is packaged in a unit dose packet or pouch;

(C) The drug is an exempted product described in § 5-64-1103(b)(1) , or the product contains ephedrine or pseudoephedrine in liquid, liquid capsule, or liquid gel capsule form described in § 5-64-1103(b)(2) , and is sold in a package size of not more than three grams (3g) of ephedrine or pseudoephedrine base; and

(D) The total quantity of the sale is not greater than three (3) packages or five grams (5g) of ephedrine or nine grams (9g) of pseudoephedrine, whichever is smaller.

Acts 1989, No. 518, § 1; 2001, No. 1209, § 1; 2005, No. 256, § 3.
Ark. Code Ann. § 5-4-109 — AR Code / Title 5 / Chapter 4 / Subchapter 1 / Section 5-4-109
Sentencing for sex offense
Status: in_force

A person who is convicted of an offense for which he or she is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., shall be notified at his or her sentencing by the court that he or she is prohibited from: (1) Recording a person under fourteen (14) years of age under § 5-14-137 if he or she is assessed as a Level 3 or Level 4 offender; or (2) Purchasing, owning, possessing, using, or operating an unmanned aircraft under § 5-14-138 if he or she is assessed as a Level 3 or Level 4 offender. Amended by Act 2023, No. 35,§ 1, eff. 8/1/2023. Added by Act 2019, No. 621,§ 1, eff. 7/24/2019.

A person who is convicted of an offense for which he or she is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., shall be notified at his or her sentencing by the court that he or she is prohibited from:

(1) Recording a person under fourteen (14) years of age under § 5-14-137 if he or she is assessed as a Level 3 or Level 4 offender; or

(2) Purchasing, owning, possessing, using, or operating an unmanned aircraft under § 5-14-138 if he or she is assessed as a Level 3 or Level 4 offender.

Amended by Act 2023, No. 35,§ 1, eff. 8/1/2023.

Added by Act 2019, No. 621,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 5-2-615 — AR Code / Title 5 / Chapter 2 / Subchapter 6 / Section 5-2-615
Use of physical force by a pregnant woman in defense of her unborn child
Status: in_force

(a) As used in this section: (1) "Pregnant" means the female reproductive condition of having an unborn child in the female's body; and (2) "Unborn child" means the offspring of human beings from conception until birth. (b) A pregnant woman is justified in using physical force or deadly physical force against another person to protect her unborn child if, under the circumstances as the pregnant woman reasonably believes them to be, she would be justified under § 5-2-606 or § 5-2-607 in using physical force or deadly physical force to protect herself against the unlawful physical force or unlawful deadly physical force she reasonably believes to be threatening her unborn child. (c) The justification for using physical force or deadly physical force against another person to protect a pregnant woman's unborn child is not available if the use of the physical force or deadly physical force for protection was used by a person other than the pregnant woman. Amended by Act 2021, No. 250,§ 3, eff. 7/28/2021. Added by Act 2013, No. 156,§ 3, eff. 8/16/2013.

(a) As used in this section: (1) "Pregnant" means the female reproductive condition of having an unborn child in the female's body; and (2) "Unborn child" means the offspring of human beings from conception until birth.

(1) "Pregnant" means the female reproductive condition of having an unborn child in the female's body; and

(2) "Unborn child" means the offspring of human beings from conception until birth.

(b) A pregnant woman is justified in using physical force or deadly physical force against another person to protect her unborn child if, under the circumstances as the pregnant woman reasonably believes them to be, she would be justified under § 5-2-606 or § 5-2-607 in using physical force or deadly physical force to protect herself against the unlawful physical force or unlawful deadly physical force she reasonably believes to be threatening her unborn child.

(c) The justification for using physical force or deadly physical force against another person to protect a pregnant woman's unborn child is not available if the use of the physical force or deadly physical force for protection was used by a person other than the pregnant woman.

Amended by Act 2021, No. 250,§ 3, eff. 7/28/2021.

Added by Act 2013, No. 156,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 5-66-108 — AR Code / Title 5 / Chapter 66 / Section 5-66-108
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1348,§ 15, eff. 8/16/2013. Rev. Stat., ch. 44, div. 6, art. 3, §§ 6, 7; C. & M. Dig., §§ 2637, 2638; Pope's Dig., §§ 3327, 3328; A.S.A. 1947, §§ 41-3259, 41-3260.

Repealed by Act 2013, No. 1348,§ 15, eff. 8/16/2013.

Rev. Stat., ch. 44, div. 6, art. 3, §§ 6, 7; C. & M. Dig., §§ 2637, 2638; Pope's Dig., §§ 3327, 3328; A.S.A. 1947, §§ 41-3259, 41-3260.
Ark. Code Ann. § 5-66-107 — AR Code / Title 5 / Chapter 66 / Section 5-66-107
Gaming devices - In buildings or on vessels
Status: in_force

(a) It is unlawful for any owner or occupant of any house, outbuilding, or other building or any steamboat, or other vessel to knowingly permit or suffer any games, tables, or banks mentioned in § 5-66-104 or permit or suffer any kind of gaming under any name, to be carried on or exhibited in his or her house, outbuilding, or other building, or on board of any steamboat, flatboat, keelboat, or other vessel on any of the waters within this state. (b) Upon conviction, a person who violates this section is guilty of an unclassified misdemeanor and shall be fined in any sum not less than one hundred dollars ($100) and may be imprisoned any length of time not less than thirty (30) days nor more than one (1) year. Rev. Stat., ch. 44, div. 6, art. 3, § 4; C. & M. Dig., § 2635; Pope's Dig., § 3325; A.S.A. 1947, § 41-3256; Acts 2007, No. 827, § 85.

(a) It is unlawful for any owner or occupant of any house, outbuilding, or other building or any steamboat, or other vessel to knowingly permit or suffer any games, tables, or banks mentioned in § 5-66-104 or permit or suffer any kind of gaming under any name, to be carried on or exhibited in his or her house, outbuilding, or other building, or on board of any steamboat, flatboat, keelboat, or other vessel on any of the waters within this state.

(b) Upon conviction, a person who violates this section is guilty of an unclassified misdemeanor and shall be fined in any sum not less than one hundred dollars ($100) and may be imprisoned any length of time not less than thirty (30) days nor more than one (1) year.

Rev. Stat., ch. 44, div. 6, art. 3, § 4; C. & M. Dig., § 2635; Pope's Dig., § 3325; A.S.A. 1947, § 41-3256; Acts 2007, No. 827, § 85.
Ark. Code Ann. § 5-62-117 — AR Code / Title 5 / Chapter 62 / Subchapter 1 / Section 5-62-117
Decompression chambers
Status: in_force

(a) It is unlawful to use a decompression chamber for the destruction of an animal. (b) Use of a decompression chamber for the destruction of an animal is a Class C misdemeanor. Acts 1979, No. 112, §§ 1, 2; A.S.A. 1947, §§ 41-2958.1, 41-2958.2.

(a) It is unlawful to use a decompression chamber for the destruction of an animal.

(b) Use of a decompression chamber for the destruction of an animal is a Class C misdemeanor.

Acts 1979, No. 112, §§ 1, 2; A.S.A. 1947, §§ 41-2958.1, 41-2958.2.
Ark. Code Ann. § 5-12-103 — AR Code / Title 5 / Chapter 12 / Section 5-12-103
Aggravated robbery
Status: in_force

(a) A person commits aggravated robbery if he or she commits robbery as defined in § 5-12-102 , and the person: (1) Is armed with a deadly weapon; (2) Represents by word or conduct that he or she is armed with a deadly weapon; or (3) Inflicts or attempts to inflict death or serious physical injury upon another person. (b) Aggravated robbery is a Class Y felony. Acts 1975, No. 280, § 2102; 1979, No. 1118, § 1; 1981, No. 620, § 13; A.S.A. 1947, § 41-2102; Acts 1995, No. 1296, § 2.

(a) A person commits aggravated robbery if he or she commits robbery as defined in § 5-12-102 , and the person: (1) Is armed with a deadly weapon; (2) Represents by word or conduct that he or she is armed with a deadly weapon; or (3) Inflicts or attempts to inflict death or serious physical injury upon another person.

(1) Is armed with a deadly weapon;

(2) Represents by word or conduct that he or she is armed with a deadly weapon; or

(3) Inflicts or attempts to inflict death or serious physical injury upon another person.

(b) Aggravated robbery is a Class Y felony.

Acts 1975, No. 280, § 2102; 1979, No. 1118, § 1; 1981, No. 620, § 13; A.S.A. 1947, § 41-2102; Acts 1995, No. 1296, § 2.