Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 39 - BURGLARY, TRESPASS, AND OTHER INTRUSIONS (§§ 5-39-101 — 5-39-402) › Subchapter 1 - GENERAL PROVISIONS (§ 5-39-101) › Section 5-39-101 - Definitions

As used in this chapter:
(1)
"Artifact" means an object produced or shaped by human craft, such as a tool, weapon, coin, or ornament of archaeological, cultural, or historical interest or significance;
(2)
"Commercial occupiable structure" means a vehicle, building, or other structure in which:
(A)
Any person carries on a business or other calling; or
(B)
People assemble for a purpose of business, government, education, religion, entertainment, or public transportation;
(3)
"Critical infrastructure" means the same as defined in §
5-38-101
;
(4)
(A)
"Enter or remain unlawfully" means to enter or remain in or upon premises when not licensed or privileged to enter or remain in or upon the premises.
(B)
(i)
A person who enters or remains in or upon premises that are at the time open to the public does so with license and privilege, regardless of his or her purpose, unless he or she defies a lawful order not to enter or remain on the premises personally communicated to the person by the owner of the premises or another person authorized by the owner.
(ii)
A license or privilege to enter or remain in or upon premises only part of which are open to the public is not a license or privilege to enter or remain in a part of the premises not open to the public.
(C)
A person who enters or remains upon unimproved and apparently unused land not fenced or otherwise enclosed in a manner designed to exclude an intruder does so with license and privilege unless:
(i)
Notice not to enter or remain is personally communicated to the person by the owner or a person authorized by the owner; or
(ii)
Notice is given by posting in a conspicuous manner;
(5)
"Harvesting device" means a device or object used to collect or accumulate, or to assist in the collection or accumulation of, an agricultural resource or a natural resource in bulk;
(6)
"Killing device" means a firearm, bladed weapon, or other object, when not used in the course of lawful hunting or fishing of wildlife;
(7)
"Natural resource" means materials or substances such as minerals, timber, water, plants, and fertile land that occur in nature and can be used for economic gain;
(8)
"Premises" means an occupiable structure and any real property;
(9)
(A)
"Residential occupiable structure" means a vehicle, building, or other structure:
(i)
In which any person lives; or
(ii)
That is customarily used for overnight accommodation of a person whether or not a person is actually present.
(B)
"Residential occupiable structure" includes each unit of a residential occupiable structure divided into a separately occupied unit; and
(10)
"Vehicle" means any craft or device designed for the transportation of a person or property across land or water or through the air.
Amended by Act 2021, No. 712,§ 3, eff. 7/28/2021.
Amended by Act 2017, No. 877,§ 2, eff. 8/1/2017.
Acts 1975, No. 280, § 2001; A.S.A. 1947, § 41-2001; Acts 1993, No. 442, § 1; 1993, No. 552, § 1.