reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 4 - RELIGIOUS FREEDOM RESTORATION ACT (§§ 16-123-401 — 16-123-407) › Section 16-123-406 - Interpretation

(a)
This subchapter does not affect, interpret, or in any way address that portion of the United States Constitution, Amendment I, prohibiting laws respecting the establishment of religion or of Arkansas Constitution, Article 2, § 25, concerning protection of religion.
(b)
Granting government funding, benefits, or exemptions, to the extent permissible under the United States Constitution, Amendment I, prohibiting laws respecting the establishment of religion or of Arkansas Constitution, Article 2, § 25, shall not constitute a violation of this subchapter.
(c)
As used in this section, "granting", with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.
(d)
This subchapter shall be construed in favor of a broad protection of free exercise of religious beliefs, to the maximum extent permitted by the Arkansas Constitution and the United States Constitution.
Amended by Act 2023, No. 733,§ 4, eff. 8/1/2023.
Added by Act 2015, No. 975,§ 1, eff. 4/2/2015.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 4 - RELIGIOUS FREEDOM RESTORATION ACT (§§ 16-123-401 — 16-123-407) › Section 16-123-407 - Exemptions

The Division of Correction, the Division of Community Correction, a county jail, and a detention facility are exempt from this subchapter.
Amended by Act 2019, No. 910,§ 970, eff. 7/1/2019.
Added by Act 2015, No. 975,§ 1, eff. 4/2/2015.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 5 - ANTISEMITISM (§§ 16-123-501 — 16-123-504) › Section 16-123-501 - Intent

It is the intent of the General Assembly to adopt the definition of "antisemitism" adopted on May 26, 2016, by the International Holocaust Remembrance Alliance, including the accompanying examples of contemporary antisemitism identified by the International Holocaust Remembrance Alliance, as existing on January 1, 2023, as this definition of "antisemitism" has been adopted and used by dozens of countries as well as various departments within the United States Government.
Added by Act 2023, No. 126,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 5 - ANTISEMITISM (§§ 16-123-501 — 16-123-504) › Section 16-123-502 - Definitions

As used in this subchapter:
(1)
(A)
"Antisemitism" means the same as defined by the International Holocaust Remembrance Alliance on May 26, 2016, and includes the contemporary examples of antisemitism identified by the International Holocaust Remembrance Alliance, as existing on January 1, 2023.
(B)
"Antisemitism" does not include criticism of Israel that is similar to criticism against any other country;
(2)
"Government" includes a branch, department, agency, instrumentality, political subdivision, official, or other person acting under color of state law; and
(3)
"State law" includes without limitation a law or ordinance of a political subdivision.
Added by Act 2023, No. 126,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 5 - ANTISEMITISM (§§ 16-123-501 — 16-123-504) › Section 16-123-503 - Construction

(a)
This subchapter does not diminish or infringe upon any right protected under the First Amendment to the United States Constitution or the Arkansas Constitution.
(b)
This subchapter shall not be construed to conflict with federal law or state law concerning discrimination.
Added by Act 2023, No. 126,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 5 - ANTISEMITISM (§§ 16-123-501 — 16-123-504) › Section 16-123-504 - Clarification of antisemitism related to discriminatory acts

(a)
In reviewing, investigating, or determining whether there has been a violation of any relevant policy, law, or rule prohibiting discriminatory acts, the government shall take into consideration the definition of antisemitism under §
16-123-502
for purposes of determining whether the alleged act was motivated by discriminatory antisemitic intent.
(b)
A court or other relevant authority shall apply the same legal standard to a claim of discrimination because of antisemitism as applicable to claims of discrimination arising under state laws protecting civil rights, including without limitation §
16-123-107
.
Added by Act 2023, No. 126,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 6 - RELIGIOUS NONDISCRIMINATION (§§ 16-123-601 — 16-123-602) › Section 16-123-601 - Legislative intent

It is the intent of the General Assembly to prohibit government discrimination against religious organizations based upon the religious organizations' religious identity or conduct.
Added by Act 2023, No. 733,§ 5, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Section 16-123-603 - Religious discrimination prohibited

(a)
The state government shall not take any discriminatory action against a religious organization on the basis of the religious identity or status of the religious organization, including the religious organization maintaining policies and procedures in accordance with a sincerely held religious belief, or the religious organization engaging in religious conduct protected by the First Amendment to the United States Constitution or the Arkansas Constitution unless it is demonstrated that the action against the religious organization in this particular instance is:
(1)
Essential to further a compelling governmental interest; and
(2)
The least restrictive means of furthering that compelling governmental interest.
(b)
The state government shall consider any person for a contract, grant, or agreement that would otherwise be considered for a contract, grant, or agreement but for a determination against the person wholly or partially on the basis that the person maintains policies and procedures, or acts in accordance with, a sincerely held religious belief unless refusal of consideration of the person in this particular instance is:
(1)
Essential to further a compelling governmental interest; and
(2)
The least restrictive means of furthering that compelling governmental interest.
Added by Act 2023, No. 733,§ 5, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Section 16-123-604 - Remedies

(a)
A person may assert a violation of this subchapter as a claim against the state government in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding without regard to whether the judicial or administrative proceeding is brought by or in the name of the state government, any private person, or any other party.
(b)
An action under this subchapter may be commenced, and relief may be granted, in a court of the state without regard to whether the person commencing the action has sought or exhausted available administrative remedies.
(c)
(1)
A person who successfully asserts a claim or defense under this subchapter may recover declaratory relief, injunctive relief, reasonable attorney's fees and costs, and any other appropriate relief.
(2)
Only declaratory relief and injunctive relief shall be available against a private person not acting under color of state law upon a successful assertion of a defense under this subchapter.
(d)
A person may not bring an action to assert a claim under this subchapter later than two (2) years after the date that the person knew or should have known that a discriminatory action was taken against that person.
(e)
For the provision of equitable relief, including reasonable attorney's fees and costs, sovereign, governmental, and qualified immunities to suit and from liability are waived and abolished to the extent of liability created by this subchapter.
Added by Act 2023, No. 733,§ 5, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Section 16-123-605 - Rules of construction

(a)
This subchapter shall be construed in favor of a broad protection of free exercise of religious beliefs, to the maximum extent permitted by the Arkansas Constitution and the United States Constitution.
(b)
(1)
The protection of free exercise of religious beliefs and moral convictions afforded by this subchapter is in addition to the protections provided under federal law, state law, the Arkansas Constitution, and the United States Constitution.
(2)
This subchapter does not:
(A)
Preempt or repeal any state or local law that is equally or more protective of free exercise of religious beliefs or moral convictions;
(B)
Narrow the meaning or application of any state or local law protecting free exercise of religious beliefs; or
(C)
Prevent state government from providing, either directly or through an individual or entity not seeking protection under this subchapter, any benefit or service authorized under state law.
(c)
This subchapter applies to, and in cases of conflict supersedes, each:
(1)
Statute of the state that impinges upon the free exercise of religious beliefs protected by this subchapter, unless a conflicting statute is expressly made exempt from the application of this subchapter; and
(2)
Any ordinance, rule, regulation, order, opinion, decision, practice, or other exercise of state government's authority that impinges upon the free exercise of religious beliefs protected by this subchapter.
(d)
If any provision of this subchapter or any application of a provision of this subchapter to any particular person or circumstance is held to be invalid under law, the remainder of this subchapter and the application of this subchapter's provisions to any other person or circumstance shall not be affected.
Added by Act 2023, No. 733,§ 5, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 124 - DRUG DEALER LIABILITY ACT (§§ 16-124-101 — 16-124-112) › Section 16-124-101 - Title

This chapter shall be known and may be cited as the "Drug Dealer Liability Act".
Acts 1995, No. 896, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 124 - DRUG DEALER LIABILITY ACT (§§ 16-124-101 — 16-124-112) › Section 16-124-103 - Liability in general

(a)
A person may recover damages under this chapter for injury resulting from the use of an illegal drug by that person.
(b)
A person who knowingly participates in the illegal drug market is liable for civil damages as provided for in this chapter.
(c)
(1)
A law enforcement officer or agency, the state, or a person acting at the direction of a law enforcement officer or agency of the state, is not liable for participating in the illegal drug market, if the participation is in furtherance of an official investigation.
(2)
A third party, including an insurance company, shall not be required to pay damages awarded under this chapter, nor shall any person be vicariously liable for the act of another, nor shall a third party be made a party to any action brought under this chapter.
Acts 1995, No. 896, §§ 3, 6.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 124 - DRUG DEALER LIABILITY ACT (§§ 16-124-101 — 16-124-112) › Section 16-124-104 - Damages caused by illegal drug use - Distribution

(a)
One (1) or more of the following persons may bring an action in circuit court for damages caused by use of an illegal drug by an individual:
(1)
A parent, legal guardian, child, spouse, or sibling of the individual drug user;
(2)
An individual who was exposed to an illegal drug in utero;
(3)
An employer of the individual drug user; and
(4)
A medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the individual drug user or that otherwise expended money on behalf of the individual drug user.
(b)
A person entitled to bring an action under this section may seek damages from one (1) or more of the following:
(1)
A person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the individual drug user; or
(2)
A person who knowingly participated in the illegal drug market if:
(A)
The place of the illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant;
(B)
The participation of the defendant in the illegal drug market was connected with the same type of illegal drug used by the individual drug user; and
(C)
The defendant participated in the illegal drug market at any time during the illegal drug use of the individual drug user.
(c)
A person entitled to bring an action under this section may recover all of the following damages:
(1)
Economic damages, including, but not limited to:
(A)
The cost of treatment and rehabilitation;
(B)
Medical expenses;
(C)
Loss of economic or educational potential;
(D)
Loss of productivity;
(E)
Absenteeism;
(F)
Support expenses;
(G)
Accidents or injury; and
(H)
Any other pecuniary loss proximately caused by the illegal drug use;
(2)
Noneconomic damages, including, but not limited to:
(A)
Physical and emotional pain;
(B)
Suffering;
(C)
Physical impairment;
(D)
Emotional distress;
(E)
Mental anguish;
(F)
Disfigurement;
(G)
Loss of enjoyment;
(H)
Loss of companionship, services, and consortium; and
(I)
Other nonpecuniary losses proximately caused by an individual's use of an illegal drug;
(3)
Exemplary damages;
(4)
Reasonable attorney's fees; and
(5)
Costs of suit, including, but not limited to, reasonable expenses for expert testimony.
Acts 1995, No. 896, § 4.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 124 - DRUG DEALER LIABILITY ACT (§§ 16-124-101 — 16-124-112) › Section 16-124-105 - Action by drug user prohibited - Exceptions

(a)
(1)
An individual drug user shall not bring an action for damages caused by the use of an illegal drug, except as otherwise provided in this subsection.
(2)
An individual drug user may bring an action for damages caused by the use of an illegal drug only if all of the following conditions are met:
(A)
The individual drug user personally discloses to narcotics enforcement authorities, more than six (6) months before filing the action, all the information known to the individual drug user regarding his or her source of illegal drugs;
(B)
The individual drug user has not used an illegal drug within the six (6) months before filing the action; and
(C)
The individual drug user continues to remain free of the use of an illegal drug throughout the pendency of the action.
(b)
A person entitled to bring an action under this section may seek damages only from a person who distributed, or is in the chain of distribution of, an illegal drug that was actually used by the individual drug user.
(c)
A person entitled to bring an action under this section may recover only the following damages:
(1)
Economic damages, including, but not limited to:
(A)
The cost of treatment, rehabilitation, and medical expenses;
(B)
Loss of economic or educational potential;
(C)
Loss of productivity;
(D)
Absenteeism;
(E)
Accidents or injury; and
(F)
Other pecuniary loss proximately caused by the person's illegal drug use;
(2)
Reasonable attorney's fees; and
(3)
Costs of suit, including, but not limited to, reasonable expenses for expert testimony.
Acts 1995, No. 896, § 5.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 124 - DRUG DEALER LIABILITY ACT (§§ 16-124-101 — 16-124-112) › Section 16-124-106 - Joinder

(a)
Two (2) or more persons may join in one (1) action under this chapter as plaintiffs if:
(1)
Their respective actions have at least one (1) place of illegal drug activity in common; and
(2)
Any portion of the period of illegal drug use overlaps with the period of illegal drug use for every other plaintiff.
(b)
Two (2) or more persons may be joined in one (1) action under this chapter as defendants if those persons are liable to at least one (1) plaintiff.
(c)
A plaintiff need not be interested in obtaining and a defendant need not be interested in defending against all the relief demanded.
(d)
Judgment may be given for one (1) or more plaintiffs according to their respective liabilities.
Acts 1995, No. 896, § 8.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 124 - DRUG DEALER LIABILITY ACT (§§ 16-124-101 — 16-124-112) › Section 16-124-107 - Right of action for contribution

(a)
A person subject to liability under this chapter has a right of action for contribution against another person subject to liability under this chapter.
(b)
Contribution may be enforced either in the original action or by a separate action brought for that purpose.
(c)
A plaintiff may seek recovery in accordance with this chapter and existing law against a person against whom a defendant has asserted a right of contribution.
Acts 1995, No. 896, § 9.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 124 - DRUG DEALER LIABILITY ACT (§§ 16-124-101 — 16-124-112) › Section 16-124-108 - Evidence of participation in the illegal drug market

(a)
(1)
Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence.
(2)
Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence.
(b)
(1)
A person against whom recovery is sought who has a criminal conviction pursuant to state drug laws or the Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. No. 91-513,
21 U.S.C. § 801
et seq., is estopped from denying participation in the illegal drug market.
(2)
Such a conviction is also prima facie evidence of the participation of the person in the illegal drug market during the two (2) years preceding the date of an act giving rise to a conviction.
(c)
The absence of a criminal drug conviction of a person against whom recovery is sought does not bar an action against that person.
Acts 1995, No. 896, § 10.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 124 - DRUG DEALER LIABILITY ACT (§§ 16-124-101 — 16-124-112) › Section 16-124-109 - Illegal drug market target community

A person whose participation in the illegal drug market constitutes the following level offense shall be considered to have the following illegal drug market target community:
(1)
For a level one offense, the county in which the place of participation of the defendant is situated;
(2)
For a level two offense, the illegal drug market target community described in subdivision (1) of this section along with all counties with a border contiguous to that illegal drug market target community;
(3)
For a level three offense, the illegal drug market target community described in subdivision (2) of this section plus all counties with a border contiguous to that illegal drug market target community; and
(4)
For a level four offense, anywhere.
Acts 1995, No. 896, § 7.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 124 - DRUG DEALER LIABILITY ACT (§§ 16-124-101 — 16-124-112) › Section 16-124-110 - Attachment against assets

(a)
(1)
A plaintiff under this chapter, subject to subsection (c) of this section, may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award.
(2)
If attachment is instituted, a defendant is entitled to an immediate hearing.
(3)
Attachment may be lifted if the defendant demonstrates that the assets will be available for a potential award or if the defendant posts a bond sufficient to cover a potential award.
(b)
A person against whom a judgment has been rendered under this chapter is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment.
(c)
Any assets sought to satisfy a judgment under this chapter that are named in a forfeiture action or have been seized for forfeiture by any state or federal agency may not be used to satisfy a judgment unless and until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets.
Acts 1995, No. 896, § 11.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 124 - DRUG DEALER LIABILITY ACT (§§ 16-124-101 — 16-124-112) › Section 16-124-111 - Statute of limitations

(a)
(1)
Except as otherwise provided in this section, a claim under this chapter shall not be brought more than three (3) years after the cause of action accrues.
(2)
A cause of action accrues under this chapter when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm.
(b)
(1)
For a plaintiff, the statute of limitations under this section is tolled when the individual potential plaintiff is incapacitated by the use of an illegal drug to the extent that the individual cannot reasonably be expected to seek recovery under this chapter or as otherwise provided for by law.
(2)
For a defendant, the statute of limitations under this section is tolled until six (6) months after the individual potential defendant is convicted of a criminal drug offense as otherwise provided for by law.
(c)
The statute of limitations under this chapter for a claim based on participation in the illegal drug market that occurred prior to July 28, 1995, does not begin to run until July 28, 1995.
Acts 1995, No. 896, § 12.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 124 - DRUG DEALER LIABILITY ACT (§§ 16-124-101 — 16-124-112) › Section 16-124-112 - Actions by state - Stays of action

(a)
The Attorney General may represent the state or a political subdivision of the state in an action under this chapter.
(b)
On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for the stay of the action.
Acts 1995, No. 896, § 13.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 126 - SALE OF ALCOHOL TO MINOR (§§ 16-126-101 — 16-126-106) › Section 16-126-101 - In general

The General Assembly finds and determines that it needs to clarify and establish its legislative intent regarding the sale of alcoholic beverages as addressed by the Supreme Court in Shannon v. Wilson, 329 Ark. 143, 947 S.W.2d 349 (1997) and Jackson v. Cadillac Cowboy, Inc., 337 Ark. 24, 986 S.W.2d 410 (1999).
Acts 1999, No. 1596, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 126 - SALE OF ALCOHOL TO MINOR (§§ 16-126-101 — 16-126-106) › Section 16-126-102 - Legislative findings and intent

The General Assembly finds and determines that the knowing sale of alcoholic beverages by a retailer to a minor is contrary to the public policy of the State of Arkansas.
Acts 1999, No. 1596, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 126 - SALE OF ALCOHOL TO MINOR (§§ 16-126-101 — 16-126-106) › Section 16-126-103 - Civil liability for sale of alcohol to a minor

In cases where it has been proven that an alcoholic beverage retailer knowingly sold alcoholic beverages to a minor or sold under circumstances where such retailer reasonably should have known such purchaser was a minor, a civil jury may determine whether or not such knowing sale constituted the proximate cause of any injury to such minor, or to a third person, caused by such minor.
Acts 1999, No. 1596, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 126 - SALE OF ALCOHOL TO MINOR (§§ 16-126-101 — 16-126-106) › Section 16-126-104 - Civil liability for sale of alcohol to clearly intoxicated person

In cases where it has been proven that an alcoholic beverage retailer knowingly sold alcoholic beverages to a person who was clearly intoxicated at the time of such sale or sold under circumstances where the retailer reasonably should have known the person was clearly intoxicated at the time of the sale, a civil jury may determine whether or not the sale constitutes a proximate cause of any subsequent injury to other persons. For purposes of this section, a person is considered clearly intoxicated when the person is so obviously intoxicated to the extent that, at the time of such sale, he or she presents a clear danger to others. It shall be an affirmative defense to civil liability under this section that an alcoholic beverage retailer had a reasonable belief that the person was not clearly intoxicated at the time of such sale or that the person would not be operating a motor vehicle while in the impaired state.
Acts 1999, No. 1596, § 4.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 126 - SALE OF ALCOHOL TO MINOR (§§ 16-126-101 — 16-126-106) › Section 16-126-105 - Consumption instead of sale as proximate cause of injury generally

Except in the knowing sale of alcohol to a minor or to a clearly intoxicated person, the General Assembly hereby finds and declares that the consumption of any alcoholic beverage, rather than the furnishing of any alcoholic beverage, is the proximate cause of injuries or property damage inflicted upon persons or property by a legally intoxicated person.
Acts 1999, No. 1596, § 5.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 126 - SALE OF ALCOHOL TO MINOR (§§ 16-126-101 — 16-126-106) › Section 16-126-106 - Immunity from civil liability for social hosts

In no event will the act of providing alcoholic beverages to a person who can lawfully possess them by a social host, or other person who does not hold an alcoholic beverage vendor's permit, constitute a proximate cause of any personal injuries or property damages which may be subsequently caused by an individual consuming any alcoholic beverages so provided.
Acts 1999, No. 1596. § 6.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 127 - STALKER LIABILITY ACT (§§ 16-127-101 — 16-127-102) › Section 16-127-101 - Title

This chapter shall be known and may be cited as the "Stalker Liability Act".
Added by Act 2013, No. 1014,§ 2, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 127 - STALKER LIABILITY ACT (§§ 16-127-101 — 16-127-102) › Section 16-127-102 - Civil liability for stalking

(a)
A person may recover actual damages, and if applicable, punitive damages, reasonable attorney's fees, and court costs against another person if he or she proves by a preponderance of the evidence that another person knowingly engaged in a course of conduct towards the person that would place a reasonable person in the person's position under emotional distress or in fear for his or her safety or a third person's safety.
(b)
The definitions at §
5-71-229(f)
apply to this chapter.
(c)
A cause of action under subsection (a) of this section may be maintained whether or not the person who is alleged to have engaged in a course of conduct prohibited under §
5-71-229
has been charged or convicted under §
5-71-229
.
(d)
The existence or the termination of a cause of action under subsection (a) of this section does not prevent the criminal prosecution of a person for violation of §
5-71-229
.
(e)
A person shall commence a cause of action under subsection (a) of this section against another person one (1) year or less after the most recent conduct prohibited under §
5-71-229
by the other person toward the aggrieved party.
Added by Act 2013, No. 1014,§ 2, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 128 - CIVIL LIABILITY FOR ACTS OF TERROR (§§ 16-128-101 — 16-128-102) › Section 16-128-102 - Civil action by person injured by an act of terrorism

(a)
A person injured as a result of a criminal offense under §
5-54-201
et seq. may file an action for damages against the person who violated §
5-54-201
et seq.
(b)
A person who files an action under this section is entitled to recover three (3) times the actual damages sustained or ten thousand dollars ($10,000), whichever is greater, as well as attorney's fees in the trial and appellate courts if the person prevails in the claim.
(c)
The limitations period for an action under this section is five (5) years from the date of discovery of the violation of §
5-54-201
et seq.
(d)
A person who receives a judgment under this section may seek satisfaction of the judgment under §
16-128-101
.
Added by Act 2013, No. 1295,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 129 - UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT (§§ 16-129-101 — 16-129-110) › Section 16-129-101 - Short title

This chapter may be cited as the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act.
Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 129 - UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT (§§ 16-129-101 — 16-129-110) › Section 16-129-102 - Definitions

In this chapter:
(1)
"Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization.
(2)
"Depicted individual" means an individual whose body is shown in whole or in part in an intimate image.
(3)
"Disclosure" means transfer, publication, or distribution to another person. "Disclose" has a corresponding meaning.
(4)
"Identifiable" means recognizable by a person other than the depicted individual:
(A)
from an intimate image itself; or
(B)
from an intimate image and identifying characteristic displayed in connection with the intimate image.
(5)
"Identifying characteristic" means information that may be used to identify a depicted individual.
(6)
"Individual" means a human being.
(7)
"Intimate image" means a photograph, film, video recording, or other similar medium that shows:
(A)
the uncovered genitals, pubic area, anus, or female post-pubescent nipple of a depicted individual; or
(B)
a depicted individual engaging in or being subjected to sexual conduct.
(8)
"Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(9)
"Sexual conduct" includes:
(A)
masturbation;
(B)
genital, anal, or oral sex;
(C)
sexual penetration of, or with, an object;
(D)
bestiality; or
(E)
the transfer of semen onto a depicted individual.
Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 129 - UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT (§§ 16-129-101 — 16-129-110) › Section 16-129-103 - Civil action

(a)
In this section:
(1)
"Harm" includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm.
(2)
"Private" means:
(A)
created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy; or
(B)
made accessible through an unlawful act.
(b)
Except as otherwise provided in §
16-129-104
, a depicted individual who is identifiable and who suffers harm from a person's intentional disclosure of an intimate image that was private without the depicted individual's consent has a cause of action against the person if the person knew or acted with reckless disregard for whether:
(1)
the depicted individual did not consent to the disclosure;
(2)
the intimate image was private; and
(3)
the depicted individual was identifiable.
(c)
The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under this chapter or that the individual lacked a reasonable expectation of privacy:
(1)
consent to creation of the image; or
(2)
previous consensual disclosure of the image.
(d)
A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.
Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 129 - UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT (§§ 16-129-101 — 16-129-110) › Section 16-129-104 - Exceptions to liability

(a)
In this section:
(1)
"Child" means an unemancipated individual who is less than 18 years of age.
(2)
"Parent" means an individual recognized as a parent under law of this state other than this chapter.
(b)
A person is not liable under this chapter if the person proves that disclosure of an intimate image was:
(1)
made in good faith in:
(A)
law enforcement;
(B)
a legal proceeding; or
(C)
medical education or treatment;
(2)
made in good faith in the reporting or investigation of:
(A)
unlawful conduct; or
(B)
unsolicited and unwelcome conduct;
(3)
related to a matter of public concern or public interest; or
(4)
reasonably intended to assist the depicted individual.
(c)
Subject to subsection (d), a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this chapter for a disclosure of an intimate image, as defined in §
16-129-102(7)(A)
, of the child.
(d)
If a defendant asserts an exception to liability under subsection (c), the exception does not apply if the plaintiff proves the disclosure was:
(1)
prohibited by law other than this chapter; or
(2)
made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
(e)
Disclosure of an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.
Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 129 - UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT (§§ 16-129-101 — 16-129-110) › Section 16-129-105 - Plaintiff's privacy

In an action under this chapter, a plaintiff may proceed using a pseudonym in place of the true name of the plaintiff under applicable state law or court rules.
Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 129 - UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT (§§ 16-129-101 — 16-129-110) › Section 16-129-106 - Remedies

(a)
In an action under this chapter, a prevailing plaintiff may recover:
(1)
the greater of:
(A)
economic and noneconomic damages proximately caused by the defendant's disclosure, including damages for emotional distress whether or not accompanied by other damages; or
(B)
statutory damages not to exceed $10,000 against each defendant found liable under this chapter for all disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or which became known during the pendency of the action. In determining the amount of statutory damages under subsection (a)(1)(B), consideration must be given to the age of the parties at the time of the disclosure, the number of disclosures made by the defendant, the breadth of distribution of the image by the defendant, and other exacerbating or mitigating factors;
(2)
an amount equal to any monetary gain made by the defendant from disclosure of the intimate image; and
(3)
punitive damages.
(b)
In an action under this chapter, the court may award a prevailing plaintiff:
(1)
reasonable attorney's fees and costs; and
(2)
additional relief, including injunctive relief.
(c)
This chapter does not affect a right or remedy available under law of this state other than this chapter.
Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 129 - UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT (§§ 16-129-101 — 16-129-110) › Section 16-129-107 - Statute of limitations

(a)
An action under §
16-129-103(b)
for an unauthorized disclosure may not be brought later than four years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence.
(b)
Except as otherwise provided in subsection (c), this section is subject to the tolling statutes of this state.
(c)
In an action under §
16-129-103(b)
by a depicted individual who was a minor on the date of the disclosure, the time specified in subsection (a) does not begin to run until the depicted individual attains the age of majority.
Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 129 - UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT (§§ 16-129-101 — 16-129-110) › Section 16-129-108 - Construction

(a)
This chapter must be construed to be consistent with the Communications Decency Act of 1996,
47 U.S.C. Section 230
, as it existed on January 1, 2021.
(b)
This chapter may not be construed to alter the law of this state on sovereign immunity.
Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 129 - UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT (§§ 16-129-101 — 16-129-110) › Section 16-129-109 - Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 130 - GENDER INTEGRITY REINFORCEMENT LEGISLATION FOR SPORTS (GIRLS) › Section 16-130-101 - Title

This chapter shall be known and may be cited as the "Gender Integrity Reinforcement Legislation for Sports (GIRLS) Act".
Added by Act 2021, No. 953,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 130 - GENDER INTEGRITY REINFORCEMENT LEGISLATION FOR SPORTS (GIRLS) › Section 16-130-102 - Legislative findings

The General Assembly finds that:
(1)
Like the United States Senate, the General Assembly recognizes that "athletic participation helps develop self-discipline . . . confidence, and leadership skills", S. Res. 398, 115th Cong. (2018);
(2)
The same United States Senate resolution states that "opportunities for athletic participation should be available to all individuals," both male and female;
(3)
The same United States Senate resolution also states that, although "the share of athletic participation opportunities of high school girls has increased more than sixfold since the passage of Title IX of the Education Amendments of 1972 . . . high school girls still experience . . . a lower share of athletic participation opportunities than high school boys";
(4)
According to the same United States Senate resolution, disparities also still remain at the collegiate level;
(5)
This chapter seeks to address these lingering disparities and, as stated in the same United States Senate resolution, "promote equality in sports and access to athletic opportunities for girls and women";
(6)
To serve these goals, the General Assembly finds that there are "'[i]nherent differences' between men and women," borrowing the words of Justice Ruth Bader Ginsburg for a majority of the United States Supreme Court in United States v. Virginia, 518 U.S. 515, 533 (1996); and
(7)
As Justice Ginsburg further said, these inherent differences "remain cause for celebration, but not for denigration of the members of either sex or for artificial constraints on an individual's opportunity".
Added by Act 2021, No. 953,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 130 - GENDER INTEGRITY REINFORCEMENT LEGISLATION FOR SPORTS (GIRLS) › Section 16-130-103 - Definitions

As used in this chapter:
(1)
"Covered entity" means:
(A)
An elementary school, high school, secondary school, or postsecondary school that is located in Arkansas and receives state funds;
(B)
Any other school or institution that is located in Arkansas whose students or teams compete in interscholastic, intercollegiate, intramural, or club athletic teams or sports against an entity defined in subdivision (1)(A) of this section; and
(C)
An entity that receives membership fees or any other funds from an entity defined in subdivision (1)(A) or subdivision (1)(B) of this section; and
(2)
"Sex" means a person's immutable biological sex as objectively determined by anatomy and genetics existing at the time of birth.
Added by Act 2021, No. 953,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 130 - GENDER INTEGRITY REINFORCEMENT LEGISLATION FOR SPORTS (GIRLS) › Section 16-130-104 - Participation requirements

(a)
Any interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by a covered entity shall be expressly designated for one (1) of the following groups based on sex:
(1)
Males, men, or boys;
(2)
Females, women, or girls; or
(3)
Coed or mixed.
(b)
Members of the male sex are prohibited from an interscholastic, intercollegiate, intramural, or club athletic team or sport that is expressly designated for females, women, or girls.
Added by Act 2021, No. 953,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 130 - GENDER INTEGRITY REINFORCEMENT LEGISLATION FOR SPORTS (GIRLS) › Section 16-130-105 - Civil cause of action

(a)
The Attorney General may bring a cause of action for injunctive relief and any other relief available under the law or in equity against:
(1)
A covered entity that knowingly violates this chapter; and
(2)
The directors, officers, agents, and employees of a covered entity that knowingly violates this chapter.
(b)
A court that finds a covered entity has knowingly violated this chapter shall, in addition to awarding any relief requested under subsection (a) of this section, enter an injunction barring the covered entity from receiving funds from any public source, including without limitation membership fees from a school, for a period of one (1) year.
Added by Act 2021, No. 953,§ 1, eff. 7/28/2021.