reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 41 - COMPUTER-RELATED CRIMES (§§ 5-41-101 — 5-41-206) › Subchapter 1 - COMPUTER FRAUD, TRESPASS, AND COMMUNICATIONS (§§ 5-41-101 — 5-41-109) › Section 5-41-106 - Civil actions

(a)
(1)
Any person whose property or person is injured by reason of a violation of any provision of this subchapter may sue for the injury and recover for any damages sustained and the costs of suit.
(2)
Without limiting the generality of the term, "damages" includes loss of profits.
(b)
At the request of any party to an action brought pursuant to this section, in its discretion, the court may conduct any legal proceeding in such a way as to protect the secrecy and security of the computer, computer system, computer network, computer program, computer software, and data involved in order to prevent possible reoccurrence of the same or a similar act by another person and to protect any trade secret of any party.
(c)
No civil action under this section may be brought except within three (3) years from the date the alleged violation of this subchapter is discovered or should have been discovered by the exercise of reasonable diligence.
Acts 1987, No. 908, § 6.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 41 - COMPUTER-RELATED CRIMES (§§ 5-41-101 — 5-41-206) › Subchapter 1 - COMPUTER FRAUD, TRESPASS, AND COMMUNICATIONS (§§ 5-41-101 — 5-41-109) › Section 5-41-107 - Assistance of Attorney General

If requested to do so by a prosecuting attorney, the Attorney General may assist the prosecuting attorney in the investigation or prosecution of an offense under this subchapter or any other offense involving the use of a computer.
Acts 1987, No. 908, § 7.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 41 - COMPUTER-RELATED CRIMES (§§ 5-41-101 — 5-41-206) › Subchapter 1 - COMPUTER FRAUD, TRESPASS, AND COMMUNICATIONS (§§ 5-41-101 — 5-41-109) › Section 5-41-108 - Unlawful computerized communications

(a)
A person commits the offense of unlawful computerized communications if, with the purpose to frighten, intimidate, threaten, abuse, or harass another person, the person sends a message:
(1)
To the other person on an electronic mail or other computerized communication system and in that message threatens to cause physical injury to any person or damage to the property of any person;
(2)
On an electronic mail or other computerized communication system with the reasonable expectation that the other person will receive the message and in that message threatens to cause physical injury to any person or damage to the property of any person;
(3)
To another person on an electronic mail or other computerized communication system and in that message uses any obscene, lewd, or profane language; or
(4)
On an electronic mail or other computerized communication system with the reasonable expectation that the other person will receive the message and in that message uses any obscene, lewd, or profane language.
(b)
Unlawful computerized communications is a Class A misdemeanor.
(c)
(1)
The judicial officer in a court of competent jurisdiction shall upon pretrial release of the defendant enter an order consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(2)
A protective order under subdivision (c)(1) of this section remains in effect during the pendency of any appeal of a conviction under this section.
Acts 1997, No. 1153, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 41 - COMPUTER-RELATED CRIMES (§§ 5-41-101 — 5-41-206) › Subchapter 1 - COMPUTER FRAUD, TRESPASS, AND COMMUNICATIONS (§§ 5-41-101 — 5-41-109) › Section 5-41-109 - Disclosure of personal information

An Internet service provider shall disclose personally identifiable information concerning a consumer pursuant to a subpoena, warrant, or court order issued under authority of a law of this state, another state, or the United States Government.
Acts 2003, No. 1087, § 6.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 41 - COMPUTER-RELATED CRIMES (§§ 5-41-101 — 5-41-206) › Subchapter 2 - COMPUTERS AND NETWORKS (§§ 5-41-201 — 5-41-206) › Section 5-41-202 - Unlawful act regarding a computer

(a)
A person commits an unlawful act regarding a computer if the person knowingly and without authorization:
(1)
Modifies, damages, destroys, discloses, uses, transfers, conceals, takes, retains possession of, copies, obtains or attempts to obtain access to, permits access to or causes to be accessed, or enters data or a program that exists inside or outside a computer, system, or network;
(2)
Modifies, destroys, uses, takes, damages, transfers, conceals, copies, retains possession of, obtains or attempts to obtain access to, permits access to or causes to be accessed, equipment or supplies that are used or intended to be used in a computer, system, or network;
(3)
Destroys, damages, takes, alters, transfers, discloses, conceals, copies, uses, retains possession of, obtains or attempts to obtain access to, permits access to or causes to be accessed, a computer, system, or network;
(4)
Obtains and discloses, publishes, transfers, or uses a device used to access a computer, system, network, or data; or
(5)
Introduces, causes to be introduced, or attempts to introduce a computer contaminant into a computer, system, or network.
(b)
An unlawful act regarding a computer is a:
(1)
Class A misdemeanor; or
(2)
Class C felony if the act:
(A)
Was committed to devise or execute a scheme to defraud or illegally obtain property;
(B)
Caused damage in excess of five hundred dollars ($500); or
(C)
Caused an interruption or impairment of a public service, including without limitation a:
(i)
Governmental operation;
(ii)
System of public communication or transportation; or
(iii)
Supply of water, gas, or electricity.
Acts 2001, No. 1496, § 2; 2007, No. 827, § 44.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 41 - COMPUTER-RELATED CRIMES (§§ 5-41-101 — 5-41-206) › Subchapter 2 - COMPUTERS AND NETWORKS (§§ 5-41-201 — 5-41-206) › Section 5-41-203 - Unlawful interference with access to computers - Unlawful use or access to computers

(a)
(1)
A person commits unlawful interference with access to computers if the person knowingly and without authorization interferes with, denies, or causes the denial of access to or use of a computer, system, or network to a person who has the duty and right to use the computer, system, or network.
(2)
Unlawful interference with access to computers is a Class A misdemeanor.
(b)
(1)
A person commits unlawful use or access to computers if the person knowingly and without authorization uses, causes the use of, accesses, attempts to gain access to, or causes access to be gained to a computer, system, network, telecommunications device, telecommunications service, or information service.
(2)
Unlawful use or access to computers is a Class A misdemeanor.
(c)
If the violation of subsection (a) or (b) of this section was committed to devise or execute a scheme to defraud or illegally obtain property, the person is guilty of a Class C felony.
(d)
(1)
It is an affirmative defense to a charge made pursuant to this section that at the time of the alleged offense the person reasonably believed that:
(A)
The person was authorized to use or access the computer, system, network, telecommunications device, telecommunications service, or information service and the use or access by the person was within the scope of that authorization; or
(B)
The owner or other person authorized to give consent would authorize the person to use or access the computer, system, network, telecommunications device, telecommunications service, or information service.
(2)
A person who intends to offer an affirmative defense provided in subdivision (d)(1) of this section at a trial or preliminary hearing shall file and serve on the prosecuting attorney a notice of that intent not less than fourteen (14) calendar days before the trial or hearing or at such other time as the court may direct.
Acts 2001, No. 1496, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 41 - COMPUTER-RELATED CRIMES (§§ 5-41-101 — 5-41-206) › Subchapter 2 - COMPUTERS AND NETWORKS (§§ 5-41-201 — 5-41-206) › Section 5-41-204 - Unlawful use of encryption

(a)
A person commits unlawful use of encryption if the person knowingly uses or attempts to use encryption, directly or indirectly, to:
(1)
Commit, facilitate, further, or promote any criminal offense;
(2)
Aid, assist, or encourage another person to commit any criminal offense;
(3)
Conceal the commission of any criminal offense;
(4)
Conceal or protect the identity of a person who has committed any criminal offense; or
(5)
Delay, hinder, or obstruct the administration of the law.
(b)
A person who violates any provision of this section commits a criminal offense that is separate and distinct from any other criminal offense and may be prosecuted and convicted pursuant to this section whether or not the person or any other person is or has been prosecuted or convicted for any other criminal offense arising out of the same facts as the violation of this section.
(c)
An unlawful use of encryption is a:
(1)
Class D felony if the criminal offense concealed by encryption is a Class Y felony, Class A felony, or Class B felony;
(2)
Class A misdemeanor if the criminal offense concealed by encryption is a Class C felony, Class D felony, or an unclassified felony; or
(3)
Misdemeanor classed one (1) degree below the misdemeanor constituted by the criminal offense concealed by encryption for any other unlawful use of encryption.
Acts 2001, No. 1496, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 41 - COMPUTER-RELATED CRIMES (§§ 5-41-101 — 5-41-206) › Subchapter 2 - COMPUTERS AND NETWORKS (§§ 5-41-201 — 5-41-206) › Section 5-41-205 - Unlawful act involving electronic mail

(a)
A person commits an unlawful act involving electronic mail if, with the purpose to devise or execute a scheme to defraud or illegally obtain property, the person:
(1)
Knowingly and with the purpose to transmit or cause to be transmitted the item of electronic mail to the electronic mail address of one (1) or more recipients without their knowledge of or consent to the transmission falsifies or forges any data, information, image, program, signal, or sound that:
(A)
Is contained in the header, subject line, or routing instructions of an item of electronic mail; or
(B)
Describes or identifies the sender, source, point of origin, or path of transmission of an item of electronic mail;
(2)
Purposely transmits or causes to be transmitted an item of electronic mail to the electronic mail address of one (1) or more recipients without their knowledge of or consent to the transmission, if the person knows or has reason to know that the item of electronic mail contains or has been generated or formatted with:
(A)
An Internet domain name that is being used without the consent of the person who holds the internet domain name; or
(B)
Any data, information, image, program, signal, or sound that has been used intentionally in the header, subject line, or routing instructions of the item of electronic mail to falsify or misrepresent:
(i)
The identity of the sender; or
(ii)
The source, point of origin, or path of transmission of the item of electronic mail; or
(3)
Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or otherwise distribute any data, information, image, program, signal, or sound that is designed or intended to be used to falsify or forge any data, information, image, program, signal, or sound that:
(A)
Is contained in the header, subject line, or routing instructions of an item of electronic mail; or
(B)
Describes or identifies the sender, source, point of origin, or path of transmission of an item of electronic mail.
(b)
Subdivision (a)(2) of this section does not apply to an Internet service provider who, in the course of providing service, transmits or causes to be transmitted an item of electronic mail on behalf of another person, unless the Internet service provider is the person who first generates the item of electronic mail.
(c)
An unlawful act involving electronic mail is a Class D felony.
Acts 2001, No. 1496, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 41 - COMPUTER-RELATED CRIMES (§§ 5-41-101 — 5-41-206) › Subchapter 2 - COMPUTERS AND NETWORKS (§§ 5-41-201 — 5-41-206) › Section 5-41-206 - Computer password disclosure

(a)
A person commits computer password disclosure if the person purposely and without authorization discloses a number, code, password, or other means of access to a computer or computer network that is subsequently used to access a computer or computer network.
(b)
Computer password disclosure is a:
(1)
Class A misdemeanor; or
(2)
Class D felony if the violation of subsection (a) of this section was committed to devise or execute a scheme to defraud or illegally obtain property.
Acts 2001, No. 1496, § 2; 2005, No. 1994, § 482.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 42 - CRIMINAL USE OF PROPERTY (§§ 5-42-201 — 5-42-205) › Subchapter 2 - ARKANSAS CRIMINAL USE OF PROPERTY OR LAUNDERING CRIMINAL PROCEEDS ACT (§§ 5-42-201 — 5-42-205) › Section 5-42-201 - Title

This subchapter shall be known as the "Arkansas Criminal Use of Property or Laundering Criminal Proceeds Act".
Acts 1993, No. 1148, § 1; 2005, No. 1962, § 6.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 42 - CRIMINAL USE OF PROPERTY (§§ 5-42-201 — 5-42-205) › Subchapter 2 - ARKANSAS CRIMINAL USE OF PROPERTY OR LAUNDERING CRIMINAL PROCEEDS ACT (§§ 5-42-201 — 5-42-205) › Section 5-42-202 - General legislative findings, declarations, and intent

(a)
(1)
The General Assembly 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 by theft of property.
(b)
(1)
The General Assembly further finds that with increasing frequency, criminals are using sophisticated means of concealing criminal proceeds and in most cases moving criminal proceeds out of Arkansas.
(2)
(A)
In order to reap the rewards of their criminal conduct, criminals must conceal the source of the criminal proceeds and the identity of the individuals who work to obtain the criminal proceeds.
(B)
They convert the criminal proceeds to property or assets that appear to have come from a legitimate source.
(C)
(i)
Often they must maintain the property or assets in another person's name.
(ii)
This also helps them to avoid detection, identification, and seizure.
(3)
(A)
While individual criminals launder their criminal proceeds, this is particularly common among members and associates of criminal gangs, organizations, and enterprises.
(B)
There is strong evidence that this increased sophistication is due largely to contact with other criminal gangs, organizations, or enterprises from other states.
(c)
The General Assembly further finds that we cannot afford to allow millions of dollars in untaxed criminal proceeds to be taken from the state's economy each year.
(d)
The intent of the General Assembly is to enact penalties that will:
(1)
Deter and punish the criminal use of property or the laundering of criminal proceeds; and
(2)
Facilitate the investigation of the criminal use of property or the laundering of criminal proceeds.
Acts 1993, No. 1148, § 2; 2005, No. 1962, § 7.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 42 - CRIMINAL USE OF PROPERTY (§§ 5-42-201 — 5-42-205) › Subchapter 2 - ARKANSAS CRIMINAL USE OF PROPERTY OR LAUNDERING CRIMINAL PROCEEDS ACT (§§ 5-42-201 — 5-42-205) › Section 5-42-203 - Definitions

As used in this subchapter:
(1)
"Conducts" means initiating or concluding, or participating in initiating or concluding, a transaction;
(2)
"Contraband" means any funds or property or monetary instrument that is criminal proceeds or that was otherwise used with the knowledge and consent of the owner to facilitate a violation of this subchapter, as well as any related record and any other article possessed under circumstances prohibited by law;
(3)
"Crime of pecuniary gain" means any violation of Arkansas law that results, or was intended to result, in the defendant receiving income, benefit, property, money, or anything of value;
(4)
"Crime of violence" means any violation of Arkansas law in which a person purposely or knowingly causes, or threatens to cause, death or physical injury to another person, specifically including rape;
(5)
"Criminal proceeds" means:
(A)
Anything of value furnished or intended to be furnished in exchange for criminal conduct or contraband received in violation of state or federal law; and
(B)
Property or profits traceable to an exchange described in this subdivision (5);
(6)
"Monetary instrument" means any:
(A)
Coin or currency of the United States or of any other country; and
(B)
Traveler's check, personal check, bank check, money order, investment security in bearer form or otherwise in such form that title to the investment security passes upon delivery, and negotiable instrument in bearer form or otherwise in such form that title to the negotiable instrument passes upon delivery;
(7)
"Predicate criminal offense" means any violation of Arkansas law that is a crime of violence or crime of pecuniary gain; and
(8)
(A)
"Transaction" means any acquisition or disposition of property by any means, including a purchase, sale, trade, investment, payment, loan, pledge, gift, transfer, delivery, deposit, withdrawal, transfer between accounts, exchange of currency, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected.
(B)
Subdivision (8)(A) of this section is not an exclusive list.
Acts 1993, No. 1148, § 3.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 42 - CRIMINAL USE OF PROPERTY (§§ 5-42-201 — 5-42-205) › Subchapter 2 - ARKANSAS CRIMINAL USE OF PROPERTY OR LAUNDERING CRIMINAL PROCEEDS ACT (§§ 5-42-201 — 5-42-205) › Section 5-42-204 - Criminal use of property or laundering criminal proceeds

(a)
A person commits the offense of criminal use of property or laundering criminal proceeds if the person knowingly:
(1)
Conducts or attempts to conduct a transaction involving criminal proceeds that were derived from any predicate criminal offense, or that were represented to be criminal proceeds from any predicate criminal offense, with the intent to:
(A)
Conceal the location, source, ownership, or control of the criminal proceeds;
(B)
Avoid a reporting requirement under state or federal law; or
(C)
Acquire any interest in the criminal proceeds; or
(2)
Uses or makes available for use any property in which he or she has any ownership or lawful possessory interest to facilitate a predicate criminal offense.
(b)
Any person who is guilty of criminal use of property or laundering criminal proceeds commits a Class C felony.
(c)
(1)
Upon conviction, the prosecuting attorney may institute a civil action against any person who violates this section to obtain a judgment against any person who violates this section, jointly and severally, for damages in an amount equal to property, funds, or a monetary instrument involved in the violation as well as the proceeds acquired by any person involved in the enterprise or by reason of conduct in furtherance of the violation, together with costs incurred for resources and personnel used in the investigation and prosecution of both criminal and civil proceedings.
(2)
The standard of proof in an action brought under this subsection is preponderance of the evidence.
(3)
The procedures for forfeiture and distribution in the asset forfeiture law, §
5-64-505
, apply.
(4)
A defendant in a civil action brought under this subsection is entitled to trial by jury.
(d)
(1)
An attorney who represents a criminal defendant or person who he or she reasonably believes may become a criminal defendant may not be prosecuted for receiving payment for a service rendered to a person whom he or she represents in a criminal proceeding or in dealing with a matter that might reasonably become the subject of a criminal proceeding.
(2)
Should a court deny a motion to dismiss, a licensed attorney may maintain this as a defense at trial.
(3)
No payment described in subdivision (d)(1) of this section may be seized from the attorney if the payment was received for a service rendered pursuant to prosecution under this section, unless a court of competent jurisdiction determines after a hearing that seizure of the property is necessary for prosecution of any criminal matter and is not protected by any applicable privilege.
Acts 1993, No. 1148, § 4; 2005, No. 1962, § 8.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 42 - CRIMINAL USE OF PROPERTY (§§ 5-42-201 — 5-42-205) › Subchapter 2 - ARKANSAS CRIMINAL USE OF PROPERTY OR LAUNDERING CRIMINAL PROCEEDS ACT (§§ 5-42-201 — 5-42-205) › Section 5-42-205 - Investigative powers

(a)
The prosecuting attorney may file an ex parte petition supported by affidavit or recorded sworn testimony before any judicial officer of competent jurisdiction seeking any record or report required to be made by law.
(b)
The judicial officer may order the custodian to deliver to the prosecuting attorney any record or report that is required to be made by Arkansas law, including a tax record or report, if the court finds reasonable cause to believe that the record or report requested is needed for a legitimate investigative or prosecutorial purpose and that the investigation or prosecution involves a violation of any predicate criminal offense.
(c)
The judicial officer may order the custodian to deliver to the prosecuting attorney any record or report that is required to be made by federal law if federal law does not specifically prohibit the record or report's disclosure to a state prosecuting attorney and if the court finds reasonable cause to believe that the record or report requested is needed for a legitimate investigative or prosecutorial purpose and that the investigation or prosecution involves a violation of this section or any predicate criminal offense.
(d)
(1)
Nothing in this section requires a court order when any record or report may currently be obtained pursuant to the prosecuting attorney's subpoena power.
(2)
However, the prosecuting attorney may use the procedure and burden established in this section to obtain any other record or report, notwithstanding whether the law requires the record or report to be made or a court order for disclosure.
(e)
Any record or report disclosed under a provision of this section may be introduced as evidence if the record or report is otherwise admissible under the applicable rule of evidence.
(f)
An individual whose record is obtained shall be notified by the prosecuting attorney ninety (90) days after the order is issued unless a court finds the investigation is continuing and enters an order deferring the notice requirement under this subsection until ninety (90) days after the investigation is completed or until prosecution has been initiated and a motion for discovery granted.
Acts 1993, No. 1148, § 5.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 51 - DISLOYAL CONDUCT (§§ 5-51-201 — 5-51-401) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-51-201 — 5-51-208) › Section 5-51-201 - Treason

(a)
Treason against the state shall consist only in:
(1)
Levying war against the state; or
(2)
Adhering to the state's enemies, giving them aid and comfort.
(b)
No person shall be convicted of treason unless on:
(1)
The testimony of two (2) witnesses to the same overt act; or
(2)
The person's own confession in open court.
(c)
Treason is punishable by death or life imprisonment without parole pursuant to §§
5-4-601
-
5-4-605
,
5-4-607
, and
5-4-608
.
(d)
For all purposes other than disposition under §§
5-4-101
-
5-4-104
,
5-4-201
-
5-4-204
,
5-4-301
-
5-4-307
,
5-4-401
-
5-4-404
,
5-4-501
-
5-4-504
,
5-4-601
-
5-4-605
,
5-4-607
,
5-4-608
,
16-93-307
,
16-93-313
, and
16-93-314
, treason is a Class A felony.
Rev. Stat., ch. 44, div. 2, art. 1, §§ 1, 2; C. & M. Dig., §§ 2321, 2322; Pope's Dig., §§ 2947, 2948; Acts 1975, No. 928, § 13; A.S.A. 1947, §§ 41-3951, 41-3952; Acts 2005, No. 1994, § 296; 2011, No. 570, § 31.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 51 - DISLOYAL CONDUCT (§§ 5-51-201 — 5-51-401) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-51-201 — 5-51-208) › Section 5-51-202 - Advocating assassination or overthrow of government

(a)
As used in this section, "government in the United States" means the United States Government or the government of the State of Arkansas.
(b)
It is unlawful for any person to:
(1)
Knowingly advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence or by the assassination of any officer of any government in the United States;
(2)
Print, publish, edit, issue, circulate, sell, distribute, or publicly display any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence with the intent to cause the overthrow or destruction of any government in the United States;
(3)
Organize or help to organize any society, group, or assembly of persons that teaches, advocates, or encourages the overthrow or destruction of any government in the United States by force or violence; or
(4)
Be or become a member of or affiliate with any society, group, or assembly of persons described in subdivision (b)(3) of this section, knowing the purposes of the society, group, or assembly of persons.
(c)
(1)
Any person who violates any provision of this section is guilty of a Class C felony.
(2)
During the five (5) years next following his or her conviction, no person convicted of violating any provision of this section is eligible for employment by the State of Arkansas or by any department or agency of the State of Arkansas.
Acts 1941, No. 292, §§ 1, 3; A.S.A. 1947, §§ 41-3957, 41-3958; Acts 2005, No. 1994, § 417.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 51 - DISLOYAL CONDUCT (§§ 5-51-201 — 5-51-401) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-51-201 — 5-51-208) › Section 5-51-203 - Usurping office

If any person shall exercise or attempt to exercise the duties of any office created by the Arkansas Constitution and laws of this state without first being qualified in the manner prescribed by law for the discharge of the duties, the offender upon conviction is guilty of a Class D felony.
Acts 1873, No. 15, § 2, p. 22; C. & M. Dig., § 2848; Pope's Dig., § 3575; A.S.A. 1947, § 41-3956; Acts 2005, No. 1994, § 423.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 51 - DISLOYAL CONDUCT (§§ 5-51-201 — 5-51-401) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-51-201 — 5-51-208) › Section 5-51-204 - Usurping, overturning, or seizing government

Any person who conspires with one (1) or more other persons to usurp the government of the state by force or otherwise, to overturn the government of this state, or to seize any department of the government of this state, evidenced by any act or by forcible attempt to accomplish any purpose stated in this section, commits a Class B felony.
Acts 1873, No. 15, § 1, p. 22; C. & M. Dig., § 2844; Pope's Dig., § 3571; Acts 1975, No. 928, § 14; A.S.A. 1947, § 41-3955.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 51 - DISLOYAL CONDUCT (§§ 5-51-201 — 5-51-401) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-51-201 — 5-51-208) › Section 5-51-205 - Advocating personal injury, destruction of property, or overthrow of government - Writing or speaking

(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.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 51 - DISLOYAL CONDUCT (§§ 5-51-201 — 5-51-401) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-51-201 — 5-51-208) › Section 5-51-206 - [Repealed]

Repealed by Act 2013, No. 1348,§ 5, eff. 8/16/2013.
Acts 1919, No. 512, § 2; C. & M. Dig., § 2319; Pope's Dig., § 2945; A.S.A. 1947, § 41-3954; Acts 2005, No. 1994, § 350.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 51 - DISLOYAL CONDUCT (§§ 5-51-201 — 5-51-401) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-51-201 — 5-51-208) › Section 5-51-207 - [Repealed]

Repealed by Act 2013, No. 1348,§ 6, eff. 8/16/2013.
Acts 1919, No. 64, §§ 1-3; C. & M. Dig., §§ 2315-2317; Pope's Dig., §§ 2941-2943; A.S.A. 1947, §§ 41-2971 -- 41-2973; Acts 1989, No. 842, § 1; 1989 (3rd Ex. Sess.), No. 75, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 51 - DISLOYAL CONDUCT (§§ 5-51-201 — 5-51-401) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-51-201 — 5-51-208) › Section 5-51-208 - Contempt for or desecration of the Arkansas flag

(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.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 51 - DISLOYAL CONDUCT (§§ 5-51-201 — 5-51-401) › Subchapter 3 - SABOTAGE PREVENTION ACT (§§ 5-51-301 — 5-51-309) › Section 5-51-301 - Title

This subchapter may be cited as the "Sabotage Prevention Act".
Acts 1941, No. 312, § 1A; A.S.A. 1947, § 41-3959.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 51 - DISLOYAL CONDUCT (§§ 5-51-201 — 5-51-401) › Subchapter 3 - SABOTAGE PREVENTION ACT (§§ 5-51-301 — 5-51-309) › Section 5-51-302 - Definitions

As used in this subchapter:
(1)
"Highway" includes any private or public street, way, or other place used for travel to or from property;
(2)
"Highway commissioners" means any individual, board, or other body having authority under then-existing law to discontinue the use of the highway which it is desired to restrict or close to public use and travel; and
(3)
"Public utility" includes any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, railway, railroad, airplane, transportation, communication, or other system, owned or operated by anyone for public use.
Acts 1941, No. 312, § 1B; A.S.A. 1947, § 41-3960.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 51 - DISLOYAL CONDUCT (§§ 5-51-201 — 5-51-401) › Subchapter 3 - SABOTAGE PREVENTION ACT (§§ 5-51-301 — 5-51-309) › Section 5-51-303 - Intentional injury to or interference with government property

Any person who knowingly and intentionally destroys or injures any article or thing belonging to the United States, the State of Arkansas, or any county, city, or other subdivision of this state with intent to hinder or interfere with the owner in the preparation for prosecution of war or in the owner's use for defense purposes is guilty of a Class D felony.
Acts 1941, No. 312, § 2; A.S.A. 1947, § 41-3961; Acts 2005, No. 1994, § 424.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 51 - DISLOYAL CONDUCT (§§ 5-51-201 — 5-51-401) › Subchapter 3 - SABOTAGE PREVENTION ACT (§§ 5-51-301 — 5-51-309) › Section 5-51-304 - Intentionally defective workmanship

Any person who knowingly and intentionally makes or causes to be made any defective article or thing to be used by the United States, the State of Arkansas, or any subdivision of this state with intent to injure or hinder the United States, the State of Arkansas, or any subdivision of this state in the preparation for war, the prosecution of war, or in the United States, the State of Arkansas, or any subdivision of this state's use for defense purposes is guilty of a Class D felony.
Acts 1941, No. 312, § 3; A.S.A. 1947, § 41-3962; Acts 2005, No. 1994, § 424.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 51 - DISLOYAL CONDUCT (§§ 5-51-201 — 5-51-401) › Subchapter 3 - SABOTAGE PREVENTION ACT (§§ 5-51-301 — 5-51-309) › Section 5-51-305 - [Repealed]

Repealed by Act 2013, No. 1348,§ 7, eff. 8/16/2013.
Acts 1941, No. 312, § 7; A.S.A. 1947, § 41-3964; Acts 2005, No. 1994, § 409.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 51 - DISLOYAL CONDUCT (§§ 5-51-201 — 5-51-401) › Subchapter 3 - SABOTAGE PREVENTION ACT (§§ 5-51-301 — 5-51-309) › Section 5-51-306 - [Repealed]

Repealed by Act 2013, No. 1348,§ 8, eff. 8/16/2013.
Acts 1941, No. 312, § 8; A.S.A. 1947, § 41-3965; Acts 2005, No. 1994, § 316.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 51 - DISLOYAL CONDUCT (§§ 5-51-201 — 5-51-401) › Subchapter 3 - SABOTAGE PREVENTION ACT (§§ 5-51-301 — 5-51-309) › Section 5-51-307 - Closing and restricting use of highway

(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.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 51 - DISLOYAL CONDUCT (§§ 5-51-201 — 5-51-401) › Subchapter 3 - SABOTAGE PREVENTION ACT (§§ 5-51-301 — 5-51-309) › Section 5-51-308 - [Repealed]

Repealed by Act 2013, No. 1348,§ 9, eff. 8/16/2013.
Acts 1941, No. 312, § 6; A.S.A. 1947, § 41-3963.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 51 - DISLOYAL CONDUCT (§§ 5-51-201 — 5-51-401) › Subchapter 3 - SABOTAGE PREVENTION ACT (§§ 5-51-301 — 5-51-309) › Section 5-51-309 - [Repealed]

Repealed by Act 2013, No. 1348,§ 10, eff. 8/16/2013.
Acts 1941, No. 312, § 10; A.S.A. 1947, § 41-3967.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 52 - CORRUPTION IN PUBLIC OFFICE (§§ 5-52-101 — 5-52-108) › Section 5-52-101 - Abuse of public trust

(a)
A person commits the offense of abuse of public trust if the person:
(1)
Solicits, accepts, or agrees to accept on behalf of any person, political party, or other organization any benefit from another person upon an agreement or understanding that the other person will or may be appointed a public servant or designated or nominated as a candidate for public office;
(2)
Offers, confers, or agrees to confer any benefit and the receipt of the benefit is prohibited by this section;
(3)
Solicits, accepts, or agrees to accept any benefit as compensation or consideration for having given as a public servant, or as a person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position, a decision, opinion, recommendation, or vote favorable to another person or for having otherwise exercised his or her discretion in favor of another person; or
(4)
Offers, confers, or agrees to confer any benefit upon a public servant, or a person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position, and the receipt of the benefit is prohibited by this section.
(b)
It is not a defense to a prosecution under this section that the decision, opinion, recommendation, vote, or use of discretion, except for the benefit, was otherwise proper.
(c)
Abuse of public trust is a:
(1)
Class B felony if the value of the benefit is twenty-five thousand dollars ($25,000) or more;
(2)
Class C felony if the value of the benefit is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000);
(3)
Class D felony if the value of the benefit is five hundred dollars ($500) or more but less than five thousand dollars ($5,000); or
(4)
Class A misdemeanor if the value of the benefit is less than five hundred dollars ($500) or the value of the benefit cannot be determined.
Amended by Act 2017, No. 431,§ 1, eff. 8/1/2017.
Amended by Act 2015, No. 1270,§ 1, eff. 7/22/2015.
Acts 1975, No. 280, § 2701; A.S.A. 1947, § 41-2701; Acts 2005, No. 1994, § 328.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 52 - CORRUPTION IN PUBLIC OFFICE (§§ 5-52-101 — 5-52-108) › Section 5-52-104 - Soliciting unlawful compensation

(a)
A person commits the offense of soliciting unlawful compensation if he or she requests a benefit for the performance of an official action as a public servant knowing that he or she is required to perform that action:
(1)
Without compensation, other than authorized salary or allowances; or
(2)
At a level of compensation lower than that requested.
(b)
Soliciting unlawful compensation is a Class A misdemeanor.
Acts 1975, No. 280, § 2704; A.S.A. 1947, § 41-2704.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 52 - CORRUPTION IN PUBLIC OFFICE (§§ 5-52-101 — 5-52-108) › Section 5-52-105 - Attempt to influence a public servant

(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.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 52 - CORRUPTION IN PUBLIC OFFICE (§§ 5-52-101 — 5-52-108) › Section 5-52-106 - Misuse of confidential information

(a)
A public servant commits the offense of misuse of confidential information if, in contemplation of official action by himself or herself or a governmental unit with which he or she is associated or in reliance on information to which he or she has access in his or her official capacity and which has not been made public, the public servant:
(1)
Acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information; or
(2)
Speculates or aids another to speculate on the basis of the information.
(b)
Misuse of confidential information is a Class A misdemeanor.
Acts 1975, No. 280, § 2706; A.S.A. 1947, § 41-2706.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 52 - CORRUPTION IN PUBLIC OFFICE (§§ 5-52-101 — 5-52-108) › Section 5-52-107 - Abuse of office

(a)
A person commits the offense of abuse of office if, being a public servant, or being a person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position, and with the purpose of benefiting in a pecuniary fashion or obtaining a sexual favor for himself or herself or another person or of harming another person, the person knowingly:
(1)
Commits an unauthorized act which purports to be an act of his or her office; or
(2)
Omits to perform a duty imposed on him or her by law or clearly inherent in the nature of his or her office.
(b)
Abuse of office is a:
(1)
Class B felony if the value of the benefit is twenty-five thousand dollars ($25,000) or more;
(2)
Class C felony if the value of the benefit is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000);
(3)
Class D felony if the value of the benefit is five hundred dollars ($500) or more but less than five thousand dollars ($5,000); or
(4)
Class A misdemeanor if the value of the benefit is less than five hundred dollars ($500) or the value of the benefit cannot be determined.
Amended by Act 2017, No. 431,§ 2, eff. 8/1/2017.
Acts 1975, No. 280, § 2707; A.S.A. 1947, § 41-2707.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 52 - CORRUPTION IN PUBLIC OFFICE (§§ 5-52-101 — 5-52-108) › Section 5-52-108 - Compensation for speeches and appearances

(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.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 5 - OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT (§§ 5-51-201 — 5-56-101) › Chapter 53 - OFFENSES RELATING TO JUDICIAL AND OTHER OFFICIAL PROCEEDINGS (§§ 5-53-101 — 5-53-202) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-53-101 — 5-53-134) › Section 5-53-102 - Perjury generally

(a)
A person commits perjury if in an official proceeding he or she knowingly:
(1)
Makes a false material statement under an oath required or authorized by law;
(2)
Applies for or submits an absentee ballot for a city, school district, county, state, or federal election knowing that he or she is unlawfully applying for or unlawfully submitting the absentee ballot; or
(3)
Makes a false unsworn declaration under the Uniform Unsworn Foreign Declarations Act, §
16-2-201
et seq.
(b)
Lack of knowledge of the materiality of the statement is not a defense to a charge of perjury under this section.
(c)
Perjury is a Class C felony.
Amended by Act 2017, No. 889,§ 1, eff. 8/1/2017.
Amended by Act 2015, No. 1166,§ 1, eff. 7/22/2015.
Acts 1975, No. 280, § 2602; A.S.A. 1947, § 41-2602.