reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 2 - OFFENSES AGAINST THE PERSON (§§ 5-10-101 — 5-18-107) › Chapter 17 - DEATH THREATS (§ 5-17-101) › Section 5-17-101 - Communicating a death threat concerning a school employee or student

(a)
A person commits the offense of communicating a death threat concerning a school employee or student if:
(1)
The person communicates to any other person a threat to cause the death of a school employee or student;
(2)
The threat involves the use of a firearm or other deadly weapon;
(3)
A reasonable person would believe the person making the threat intends to carry out the threat;
(4)
The person making the threat purposely engaged in conduct that constitutes a substantial step in a course of conduct intended to culminate in the commission of the threatened act; and
(5)
There is a close temporal relationship between the threatened act and the substantial step.
(b)
Conduct is not a substantial step under this section unless the conduct is strongly corroborative of the person's criminal purpose.
(c)
Communicating a death threat concerning a school employee or student is a Class D felony.
(d)
As used in this section, "school" means any:
(1)
Elementary school, junior high school, or high school;
(2)
Technical institute or post-secondary vocational-technical school; or
(3)
Two-year or four-year college or university.
Acts 2001, No. 1046, §§ 1, 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 2 - OFFENSES AGAINST THE PERSON (§§ 5-10-101 — 5-18-107) › Chapter 18 - THE HUMAN TRAFFICKING ACT OF 2013 (§§ 5-18-101 — 5-18-107) › Section 5-18-101 - Title

This chapter shall be known as and may be cited as the "Human Trafficking Act of 2013".
Added by Act 2013, No. 133,§ 3, eff. 8/16/2013.
Added by Act 2013, No. 132,§ 3, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 2 - OFFENSES AGAINST THE PERSON (§§ 5-10-101 — 5-18-107) › Chapter 18 - THE HUMAN TRAFFICKING ACT OF 2013 (§§ 5-18-101 — 5-18-107) › Section 5-18-104 - Patronizing a victim of human trafficking

(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.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 2 - OFFENSES AGAINST THE PERSON (§§ 5-10-101 — 5-18-107) › Chapter 18 - THE HUMAN TRAFFICKING ACT OF 2013 (§§ 5-18-101 — 5-18-107) › Section 5-18-105 - Enhanced liability of an organization

In addition to any other statutorily authorized sentence or fine, an organization convicted of an offense under this chapter is subject to any combination of the following:
(1)
A suspension or revocation of a license, permit, or prior approval granted to the organization by a state or local government agency;
(2)
A court order to dissolve or reorganize; and
(3)
Other relief as is equitable.
Added by Act 2013, No. 133,§ 3, eff. 8/16/2013.
Added by Act 2013, No. 132,§ 3, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 2 - OFFENSES AGAINST THE PERSON (§§ 5-10-101 — 5-18-107) › Chapter 18 - THE HUMAN TRAFFICKING ACT OF 2013 (§§ 5-18-101 — 5-18-107) › Section 5-18-106 - Grooming a minor for future sex trafficking

(a)
A person commits grooming a minor for future sex trafficking if the person knowingly grooms a minor with a purpose to make it more likely that the minor can be enticed or induced into a future sex trafficking act with a person.
(b)
Grooming a minor for future sex trafficking is a Class B felony.
(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. 327,§ 5, eff. 8/1/2023.
Added by Act 2021, No. 1098,§ 3, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 2 - OFFENSES AGAINST THE PERSON (§§ 5-10-101 — 5-18-107) › Chapter 18 - THE HUMAN TRAFFICKING ACT OF 2013 (§§ 5-18-101 — 5-18-107) › Section 5-18-107 - Traveling for the purpose of an unlawful sex act with a minor

(a)
As used in this section, "travels" means to leave one's residence or locality to go away on a trip, tour, or journey.
(b)
A person commits traveling for the purpose of an unlawful sex act with a minor if the person is eighteen (18) years of age or older and knowingly travels for the purpose of engaging in an unlawful sex act with a minor or a person he or she believes is a minor.
(c)
Traveling for the purpose of an unlawful sex act with a minor is a Class B felony.
(d)
It is an affirmative defense to prosecution under this section that the actor was not more than three (3) years older than the victim.
(e)
Consent is not a defense to prosecution under this section.
(f)
(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 (f)(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,§ 6, eff. 8/1/2023.
Added by Act 2021, No. 1098,§ 3, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 25 - GENERAL PROVISIONS (§ 5-25-101) › Section 5-25-101 - Definitions

As used in this subtitle:
(1)
"Adult" means any person eighteen (18) years of age or older;
(2)
"Deviate sexual activity" means any act of sexual gratification involving:
(A)
The penetration, however slight, of the anus or mouth of a person by the penis of another person; or
(B)
The penetration, however slight, of the labia majora or anus of a person by any body member of or foreign instrument manipulated by another person;
(3)
(A)
"Incompetent" means any person unable to care for himself or herself because of physical or mental disease or defect.
(B)
The status embraced by "incompetent" may or may not exist regardless of any adjudication concerning incompetency;
(4)
"Minor" means any person under eighteen (18) years of age; and
(5)
"Sexual intercourse" means penetration, however slight, of the labia majora by a penis.
Acts 1975, No. 280, § 2401; 1977, No. 360, § 11; A.S.A. 1947, § 41-2401; Acts 2005, No. 1994, § 291.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-26-201 — 5-26-204) › Section 5-26-201 - Bigamy

(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.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-26-201 — 5-26-204) › Section 5-26-202 - Incest

(a)
A person commits incest if the person, being sixteen (16) years of age or older, purports to marry, has sexual intercourse with, or engages in deviate sexual activity with another person sixteen (16) years of age or older whom the actor knows to be:
(1)
An ancestor or a descendant;
(2)
A stepchild or adopted child;
(3)
A brother or sister of the whole or half blood;
(4)
An uncle, aunt, nephew, or niece; or
(5)
A stepgrandchild or adopted grandchild.
(b)
A relationship referred to in this section includes a blood relationship without regard to legitimacy.
(c)
Incest is a Class C felony.
Acts 1975, No. 280, § 2403; 1977, No. 360, § 12; 1985, No. 506, § 1; 1985, No. 916, § 1; A.S.A. 1947, § 41-2403; Acts 1997, No. 1321, § 1; 2003, No. 1469, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-26-201 — 5-26-204) › Section 5-26-203 - Concealing birth

(a)
A person commits the offense of concealing birth if he or she hides the corpse of a newborn child with purpose to conceal the fact of the child's birth or to prevent a determination of whether the child was born alive.
(b)
Concealing birth is a Class D felony.
Acts 1975, No. 280, § 2404; A.S.A. 1947, § 41-2404; Acts 2001, No. 205, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-26-201 — 5-26-204) › Section 5-26-204 - Unlawful solicitation for the relinquishment of parental rights

(a)
(1)
A person commits the offense of unlawful solicitation for the relinquishment of parental rights in the first degree if in exchange for consenting to the person's or another person's placing a baby who is not yet born for adoption the person offers anything of value prohibited or not permitted under §
9-9-206
to the:
(A)
Biological mother of the baby who is not yet born;
(B)
Biological or putative father of the baby who is not yet born;
(C)
Spouse, partner, or other relative of the biological mother of the baby who is not yet born; or
(D)
Spouse, partner, or other relative of the biological or putative father of the baby who is not yet born.
(2)
Unlawful solicitation for the relinquishment of parental rights in the first degree is a:
(A)
Class A felony if the person uses duress, coercion, undue influence, intimidation, a threat, fraud, or physical force to influence an individual listed in subdivisions (a)(1)(A)-(D) of this section to allow the person or another person to place the baby who is not yet born for adoption; or
(B)
Class C felony if otherwise committed.
(b)
(1)
A person commits the offense of unlawful solicitation for the relinquishment of parental rights in the second degree if in exchange for consenting to the person's adopting a baby who is not yet born the person offers anything of value prohibited or not permitted under §
9-9-206
to the:
(A)
Biological mother of the baby who is not yet born;
(B)
Biological or putative father of the baby who is not yet born;
(C)
Spouse, partner, or other relative of the biological mother of the baby who is not yet born; or
(D)
Spouse, partner, or other relative of the biological or putative father of the baby who is not yet born.
(2)
Unlawful solicitation for the relinquishment of parental rights in the second degree is a:
(A)
Class D felony if the person uses duress, coercion, undue influence, intimidation, a threat, fraud, or physical force to influence an individual listed in subdivisions (b)(1)(A)-(D) of this section to consent to the person's or another person's adopting the baby who is not yet born; or
(B)
Class A misdemeanor if otherwise committed.
Amended by Act 2019, No. 1022,§ 2, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 3 - DOMESTIC BATTERING AND ASSAULT (§§ 5-26-301 — 5-26-314) › Section 5-26-301 - Legislative intent

To the extent that any protected class of persons defined under this subchapter is afforded protection by any other existing or future statute of this state, this subchapter does not prevent a prosecution under any such existing or future statute.
Acts 1995, No. 1291, § 8.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 3 - DOMESTIC BATTERING AND ASSAULT (§§ 5-26-301 — 5-26-314) › Section 5-26-302 - Definitions

As used in this subchapter:
(1)
(A)
"Dating relationship" means a romantic or intimate social relationship between two (2) individuals that is determined by examining the following factors:
(i)
The length of the relationship;
(ii)
The type of the relationship; and
(iii)
The frequency of interaction between the two (2) individuals involved in the relationship.
(B)
"Dating relationship" does not include a casual relationship or ordinary fraternization between two (2) individuals in a business or social context;
(2)
"Family or household member" means:
(A)
A spouse;
(B)
A former spouse;
(C)
A parent;
(D)
A child, including any minor residing in the household;
(E)
(i)
Persons related by blood within the fourth degree of consanguinity.
(ii)
The degree of consanguinity is computed pursuant to §
28-9-212
;
(F)
Persons who presently or in the past have resided or cohabited together;
(G)
Persons who have or have had a child in common; or
(H)
Persons who are presently or in the past have been in a dating relationship together;
(3)
"Harass" means an act of harassment as prohibited by §
5-71-208
;
(4)
"Intimidate" means to force into or deter from an action by inducing fear;
(5)
"Sexual nature" means that an image, picture, video, or voice or audio recording depicts actual or simulated:
(A)
Sexual intercourse;
(B)
Deviate sexual activity;
(C)
Bestiality;
(D)
Masturbation;
(E)
Sadomasochistic abuse for the purpose of sexual stimulation; or
(F)
Lewd exhibition of the:
(i)
Genitals or pubic area of any person; or
(ii)
Breast of a female; and
(6)
"State of nudity" means:
(A)
The appearance of a human anus, human genitals, or a female breast below a point immediately above the top of the areola; or
(B)
A state of dress that fails to opaquely cover a human anus, human genitals, or a female breast below a point immediately above the top of the areola.
Amended by Act 2015, No. 304,§ 1, eff. 7/22/2015.
Acts 1995, No. 1291, § 8; 1999, No. 1317, § 1; 2001, No. 1678, § 2; 2005, No. 1875, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 3 - DOMESTIC BATTERING AND ASSAULT (§§ 5-26-301 — 5-26-314) › Section 5-26-304 - Domestic battering in the second degree

(a)
A person commits domestic battering in the second degree if:
(1)
With the purpose of causing physical injury to a family or household member, the person causes serious physical injury to a family or household member;
(2)
With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member by means of a deadly weapon;
(3)
The person recklessly causes serious physical injury to a family or household member:
(A)
By means of a deadly weapon; or
(B)
Who is four (4) years of age or younger; or
(4)
The person knowingly causes physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger.
(b)
(1)
Domestic battering in the second degree is a Class C felony.
(2)
However, domestic battering in the second degree is a Class B felony if:
(A)
Committed against a woman the person knew or reasonably should have known was pregnant; or
(B)
The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the second degree:
(i)
Domestic battering in the first degree, §
5-26-303
;
(ii)
Domestic battering in the second degree;
(iii)
Domestic battering in the third degree, §
5-26-305
;
(iv)
Aggravated assault on a family or household member, §
5-26-306
; or
(v)
A violation of an equivalent penal law of this state or of another state or foreign jurisdiction.
Amended by Act 2023, No. 849,§ 3, eff. 8/1/2023.
Amended by Act 2023, No. 736,§ 6, eff. 8/1/2023.
Amended by Act 2021, No. 1086,§ 1, eff. 7/28/2021.
Amended by Act 2021, No. 512,§ 2, eff. 7/28/2021.
Amended by Act 2013, No. 417,§ 2, eff. 8/16/2013.
Acts 1979, No. 396, § 2; A.S.A. 1947, § 41-1654; Acts 1995, No. 1291, § 2; 1999, No. 1365, § 2; 2001, No. 1553, § 9; 2003, No. 944, § 2; 2003, No. 1079, § 1; 2005, No. 1994, § 481; 2009, No. 194, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 3 - DOMESTIC BATTERING AND ASSAULT (§§ 5-26-301 — 5-26-314) › Section 5-26-305 - Domestic battering in the third degree

(a)
A person commits domestic battering in the third degree if:
(1)
With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member;
(2)
The person recklessly causes physical injury to a family or household member;
(3)
The person negligently causes physical injury to a family or household member by means of a deadly weapon; or
(4)
The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to a family or household member by administering to the family or household member, without the family or household member's consent, any drug or other substance.
(b)
(1)
Domestic battering in the third degree is a Class A misdemeanor.
(2)
However, domestic battering in the third degree is a Class D felony if:
(A)
Committed against a woman the person knew or reasonably should have known was pregnant; or
(B)
The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the third degree:
(i)
Domestic battering in the first degree, §
5-26-303
;
(ii)
Domestic battering in the second degree, §
5-26-304
;
(iii)
Domestic battering in the third degree;
(iv)
Aggravated assault on a family or household member, §
5-26-306
; or
(v)
A violation of an equivalent penal law of this state or of another state or foreign jurisdiction.
Amended by Act 2023, No. 736,§ 7, eff. 8/1/2023.
Amended by Act 2021, No. 1086,§ 2, eff. 7/28/2021.
Amended by Act 2015, No. 1155,§ 5, eff. 7/22/2015.
Amended by Act 2013, No. 417,§ 3, eff. 8/16/2013.
Acts 1979, No. 396, § 3; A.S.A. 1947, § 41-1655; Acts 1995, No. 1291, § 3; 1999, No. 1365, § 3; 2001, No. 1553, § 10; 2003, No. 944, § 3; 2003, No. 1079, § 1; 2005, No. 1994, § 481; 2009, No. 333, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 3 - DOMESTIC BATTERING AND ASSAULT (§§ 5-26-301 — 5-26-314) › Section 5-26-306 - Aggravated assault on a family or household member

(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.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 3 - DOMESTIC BATTERING AND ASSAULT (§§ 5-26-301 — 5-26-314) › Section 5-26-307 - First degree assault on family or household member

(a)
A person commits first degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of death or serious physical injury to a family or household member.
(b)
First degree assault on a family or household member is a Class A misdemeanor.
Acts 1979, No. 396, § 5; A.S.A. 1947, § 41-1657; Acts 1995, No. 1291, § 5.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 3 - DOMESTIC BATTERING AND ASSAULT (§§ 5-26-301 — 5-26-314) › Section 5-26-308 - Second degree assault on family or household member

(a)
A person commits second degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of physical injury to a family or household member.
(b)
Second degree assault on a family or household member is a Class B misdemeanor.
Acts 1979, No. 396, § 6; A.S.A. 1947, § 41-1658; Acts 1995, No. 1291, § 6.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 3 - DOMESTIC BATTERING AND ASSAULT (§§ 5-26-301 — 5-26-314) › Section 5-26-309 - Third degree assault on a family or household member

(a)
A person commits third degree assault on a family or household member if the person purposely creates apprehension of imminent physical injury to a family or household member.
(b)
Third degree assault on a family or household member is a Class C misdemeanor.
Acts 1979, No. 396, § 7; A.S.A. 1947, § 41-1659; Acts 1995, No. 1291, § 7.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 3 - DOMESTIC BATTERING AND ASSAULT (§§ 5-26-301 — 5-26-314) › Section 5-26-310 - Costs

(a)
The abused in any misdemeanor or felony domestic violence offense shall not bear the costs associated with the filing of a criminal charge against the domestic violence offender or the costs associated with the issuance or service of a warrant and witness subpoena, except as provided in subsection (b) of this section.
(b)
Nothing in this section shall be construed to prohibit a judge from assessing costs if an allegation of abuse is determined to be false.
(c)
(1)
Upon entering a plea of guilty or nolo contendere or being found guilty, a defendant violating §§
5-26-303
-
5-26-305
or §§
5-26-307
-
5-26-309
may be required to reimburse any abuse shelter or other entity providing a service to the victim under a provision of the Arkansas Crime Victims Reparations Act, §
16-90-701
et seq., if some proof of expense is provided in conjunction with the Arkansas Crime Victims Reparations Act, §
16-90-701
et seq.
(2)
(A)
If the defendant maintains the home in which the abuse occurred and the victim will continue to incur lodging costs, the defendant may be ordered to continue to provide remuneration for the victim's lodging under a provision of the Arkansas Crime Victims Reparations Act, §
16-90-701
et seq., until an action is commenced in a court of competent jurisdiction.
(B)
Nothing in this section conflicts with or preempts any order of a judge in a divorce, custody, separate maintenance, or other related action to dissolve a marriage.
(d)
Nothing in this section conflicts with or preempts a provision of §
16-90-703
.
Acts 1995, No. 401, § 1; 2003, No. 1770, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 3 - DOMESTIC BATTERING AND ASSAULT (§§ 5-26-301 — 5-26-314) › Section 5-26-311 - Residential confinement in home of victim prohibited

In a case involving domestic or family violence, a court shall not order residential confinement as a condition of bond or probation for a defendant in any household shared by the defendant and the alleged victim.
Acts 1999, No. 1317, § 3.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 3 - DOMESTIC BATTERING AND ASSAULT (§§ 5-26-301 — 5-26-314) › Section 5-26-312 - Determination of pregnancy

For purposes of §§
5-26-303(b)(2)
,
5-26-304(b)(2)
, and
5-26-305(b)(2)
, a woman is considered pregnant four (4) weeks after conception.
Acts 2003, No. 944, § 4.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 3 - DOMESTIC BATTERING AND ASSAULT (§§ 5-26-301 — 5-26-314) › Section 5-26-313 - Notice

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.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 3 - DOMESTIC BATTERING AND ASSAULT (§§ 5-26-301 — 5-26-314) › Section 5-26-314 - Unlawful distribution of sexual images or recordings

(a)
A person commits the offense of unlawful distribution of sexual images or recordings if, being eighteen (18) years of age or older, with the purpose to harass, frighten, intimidate, threaten, or abuse another person, the actor distributes an image, picture, video, or voice or audio recording of the other person to a third person by any means if the image, picture, video, or voice or audio recording:
(1)
Is of a sexual nature or depicts the other person in a state of nudity; and
(2)
The other person is a family or household member of the actor or another person with whom the actor is in a current or former dating relationship.
(b)
The fact that an image, picture, video, or voice or audio recording was created with the knowledge or consent of the other person or that the image, picture, video, or voice or audio recording is the property of a person charged under this section is not a defense to prosecution under this section.
(c)
Unlawful distribution of sexual images or recordings is a Class A misdemeanor.
(d)
(1)
Upon the pretrial release of a person charged under this section, the court shall enter an order consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the person charged under this section of the penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(2)
An order under subdivision (d)(1) of this section remains in effect during the pendency of any appeal of a conviction under this section.
Added by Act 2015, No. 304,§ 2, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 4 - NONSUPPORT (§§ 5-26-401 — 5-26-416) › Section 5-26-401 - Nonsupport

(a)
A person commits the offense of nonsupport if he or she fails to provide support to the person's:
(1)
Spouse who is physically or mentally infirm or financially dependent;
(2)
Legitimate child who is less than eighteen (18) years of age;
(3)
Illegitimate child who is less than eighteen (18) years of age and whose parentage has been determined in a previous judicial proceeding; or
(4)
Dependent child who is physically or mentally infirm.
(b)
(1)
Nonsupport is a Class A misdemeanor.
(2)
However, nonsupport is a:
(A)
Class D felony if the person:
(i)
Leaves or remains outside the State of Arkansas for more than thirty (30) days while a current duty of support is unpaid. However, it is an affirmative defense to a charge under this subdivision (b)(2)(A)(i) that the defendant did not leave or remain outside the state with the purpose of avoiding the payment of support;
(ii)
Has previously been convicted of nonsupport; or
(iii)
Owes more than two thousand five hundred dollars ($2,500) in past-due child support, pursuant to a court order or by operation of law, and the amount represents at least four (4) months of past-due child support;
(B)
Class C felony if the person owes more than ten thousand dollars ($10,000) but less than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law; or
(C)
Class B felony if the person owes more than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law.
(c)
The court may direct that a fine imposed upon conviction of nonsupport or a bond forfeited in connection with a prosecution for nonsupport be paid for the support and maintenance of the person entitled to support.
(d)
A district court located in a county having a population in excess of two hundred thousand (200,000) inhabitants shall cause a warrant of arrest to be issued upon affidavit of a spouse or any person who is responsible for maintenance of a dependent child who states that nonsupport has taken place.
(e)
Any person found guilty of nonsupport is also responsible for the court costs and administrative costs incurred by the court.
(f)
The state may take judgment against any defendant convicted of nonsupport for any money expended by any state agency for the support and maintenance of the person with respect to whom the defendant had a duty to support.
(g)
It is an affirmative defense to a prosecution under this section that the defendant had just cause to fail to provide the support.
Acts 1975, No. 280, § 2405; 1983, No. 174, § 1; A.S.A. 1947, § 41-2405; Acts 1997, No. 1282, § 1; 1999, No. 1484, § 1; 2007, No. 827, § 31.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 4 - NONSUPPORT (§§ 5-26-401 — 5-26-416) › Section 5-26-410 - Jurisdiction

(a)
When any person is liable to be prosecuted under §
5-26-401
, he or she may be indicted, tried, and convicted in:
(1)
The county where the violation of §
5-26-401
originally occurred;
(2)
Any county where he or she might be apprehended; or
(3)
The county where the injured spouse or child resided at the time of the filing of the indictment or information.
(b)
Subdivisions (a)(2) and (3) of this section apply because each successive day the offense continues is declared to be a violation of §
5-26-401
not only in the county where the offense originally occurred but in any county where the offender or the injured spouse or child resides while the course of conduct condemned in §
5-26-401
continues.
Acts 1951, No. 67, § 3; 1953, No. 242, § 3; 1975, No. 928, § 8; A.S.A. 1947, § 41-2451.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 4 - NONSUPPORT (§§ 5-26-401 — 5-26-416) › Section 5-26-411 - Evidence of marriage and parentage - Spouse as witness

(a)
No other evidence is required to prove marriage of a husband and wife or that the defendant is the lawful parent of a legitimate child or has acknowledged paternity of an illegitimate child than is required to prove this fact in a civil action.
(b)
The spouse and parent is a competent witness to testify in any case brought under this chapter and to a matter relevant to this chapter, including the fact of the marriage and the parentage of the child.
(c)
A legally adopted child and a child whose parentage was determined in a paternity proceeding is within the provisions of this chapter and no proof other than an order of a proper court is required to prove parentage.
Acts 1951, No. 67, § 10, as amended and renumbered by Acts 1953, No. 242, § 11; 1981, No. 633, § 4; A.S.A. 1947, § 41-2458; Acts 1995, No. 1296, § 3.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 4 - NONSUPPORT (§§ 5-26-401 — 5-26-416) › Section 5-26-412 - Payment of fine to spouse or guardian

When a fine is imposed a court may direct that it be paid in whole or in part to a spouse or to a guardian or custodian of a child.
Acts 1951, No. 67, § 6; 1953, No. 242, § 6; A.S.A. 1947, § 41-2453.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 4 - NONSUPPORT (§§ 5-26-401 — 5-26-416) › Section 5-26-413 - Temporary support order

At any time before a trial or pending appeal, upon motion of a complainant and upon notice to the defendant, the court may:
(1)
Enter a temporary support order as it deems just, providing for the support of a neglected spouse or child, pendente lite; and
(2)
Punish for violation of the temporary support order as for contempt.
Acts 1951, No. 67, § 5; 1953, No. 242, § 5; 1981, No. 633, § 1; A.S.A. 1947, § 41-2452.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 4 - NONSUPPORT (§§ 5-26-401 — 5-26-416) › Section 5-26-414 - Order for periodic payments - Release of defendant on own recognizance

(a)
In its discretion, the original trial court may:
(1)
Order a defendant who violates §
5-26-401
to pay a certain sum periodically, for a time not to exceed one (1) year, to the spouse or to the guardian or custodian of a child; and
(2)
Release the defendant from custody upon the defendant's entering a recognizance, with or without sureties, in such sum as the original trial court may direct.
(b)
The conditions of the recognizance shall be that the defendant:
(1)
Will comply with the terms of the order; and
(2)
Appear in court on a day certain.
(c)
Failure to appear is punishable by imprisonment for not less than ten (10) days nor more than ninety (90) days and shall not be suspended.
Acts 1951, No. 67, § 7; 1953, No. 242, § 7; 1981, No. 633, § 2; A.S.A. 1947, § 41-2454.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 4 - NONSUPPORT (§§ 5-26-401 — 5-26-416) › Section 5-26-415 - Times when periodic payments may be authorized

The original trial court may issue the order provided in §
5-26-414
:
(1)
Before the trial, with the consent of the defendant;
(2)
At the trial, on entry of plea of guilty; or
(3)
After conviction, in lieu of a penalty provided in §
5-26-401
or in addition to a penalty provided in §
5-26-401
.
Acts 1951, No. 67, § 8; 1953, No. 242, § 8; A.S.A. 1947, § 41-2455; Acts 2007, No. 827, § 32.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 4 - NONSUPPORT (§§ 5-26-401 — 5-26-416) › Section 5-26-416 - Violation of order - Forfeiture of recognizance

(a)
When the original trial court is satisfied by information and proof under oath that any time during the year the defendant has violated a term of its order, the original trial court shall proceed with the trial of the defendant under the original conviction, or enforce the original sentence, as the case may be.
(b)
In case of forfeiture of recognizance and the enforcement of forfeiture of recognizance by execution, in the discretion of the original trial court the sum recovered may be paid in whole or in part to a spouse or to a guardian or custodian of a minor child.
Acts 1951, No. 67, § 9; 1953, No. 242, § 9; 1981, No. 633, § 3; A.S.A. 1947, § 41-2456.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 5 - CUSTODY AND VISITATION (§§ 5-26-501 — 5-26-503) › Section 5-26-501 - Interference with visitation

(a)
(1)
A person commits the offense of interference with visitation if, knowing that he or she has no lawful right to do so, he or she takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of visitation with the minor.
(2)
A person claiming interference with visitation shall provide a copy of the signed court order or decree regarding custody or visitation rights to a law enforcement officer as proof of the interference with visitation.
(b)
(1)
Interference with visitation is a Class C misdemeanor.
(2)
However, interference with visitation is a:
(A)
Class D felony for any offense if the minor is taken, enticed, or kept outside of the State of Arkansas; or
(B)
Class A misdemeanor for a third or subsequent offense.
(c)
It is an affirmative defense to a prosecution that:
(1)
A person or lawful guardian committed the act to protect the minor from imminent physical harm if the defendant's:
(A)
Belief that physical harm was imminent is reasonable; and
(B)
Conduct in withholding visitation rights was a reasonable response to the harm believed to be imminent;
(2)
A person or lawful guardian committed the act based on a reasonable belief that the person entitled to visitation would remove the minor from the jurisdiction of the court;
(3)
The act was committed with the mutual consent of all parties having a right to custody and visitation of the minor; or
(4)
The act was otherwise authorized by law.
Acts 1985, No. 540, § 1; A.S.A. 1947, § 41-2415; Acts 1999, No. 1129, § 1; 2007, No. 827, § 33.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503) › Subchapter 5 - CUSTODY AND VISITATION (§§ 5-26-501 — 5-26-503) › Section 5-26-503 - Interference with custody

(a)
A person commits the offense of interference with custody if without lawful authority he or she knowingly takes, entices, or keeps, or aids, abets, hires, or otherwise procures another person to take, entice, or keep any minor from the custody of:
(1)
The parent of the minor including an unmarried woman having legal custody of an illegitimate child under §
9-10-113
;
(2)
The guardian of the minor;
(3)
A public agency having lawful charge of the minor; or
(4)
Any other lawful custodian.
(b)
Interference with custody is a Class C felony.
(c)
(1)
In every case prior to serving a warrant for arrest on a person charged with the offense of interference with custody, the police officer or other law enforcement officer shall inform the Department of Human Services of the circumstances of any minor named in the information or indictment as having been taken, enticed, or kept from the parent, guardian, or custodian in a manner constituting interference with custody.
(2)
A representative of the department shall be present with the arresting police officer or law enforcement officer to take the minor into temporary custody of the department pending further proceedings by a court of competent jurisdiction.
(d)
(1)
A court of competent jurisdiction shall determine the immediate custodial placement of any minor taken into custody by the department under subsection (c) of this section pursuant to a petition brought by the department to determine if there is probable cause to believe the minor may be:
(A)
Removed from the jurisdiction of the court;
(B)
Abandoned; or
(C)
Outside the immediate care or supervision of a person lawfully entitled to custody.
(2)
The court shall immediately give custody to the lawful custodian if it finds that the lawful custodian is present before the court.
(e)
(1)
The department shall comply with the requirements of §
9-27-312
with regard to the giving of a notice and the setting of a hearing on a petition filed under subsection (d) of this section.
(2)
The department is immune from liability with respect to any conduct undertaken pursuant to this section unless it is determined that the department acted with actual malice.
Acts 2007, No. 669, § 1; 2011, No. 1177, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-27-201 — 5-27-233) › Section 5-27-201 - Endangering the welfare of an incompetent person in the first degree

(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.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-27-201 — 5-27-233) › Section 5-27-202 - Endangering the welfare of an incompetent person in the second degree

(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.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-27-201 — 5-27-233) › Section 5-27-203 - Endangering the welfare of an incompetent person in the third degree

(a)
(1)
A person commits the offense of endangering the welfare of an incompetent person in the third degree if the person recklessly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be 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 third degree is a Class B misdemeanor.
Acts 2005, No. 2216, § 3.