reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 6 - JUSTIFICATION (§§ 5-2-601 — 5-2-622) › Section 5-2-606 - Use of physical force in defense of a person

(a)
(1)
A person is justified in using physical force upon another person to defend himself or herself or a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force by that other person, and the person may use a degree of physical force that he or she reasonably believes to be necessary.
(2)
However, the person may not use deadly physical force except as provided in §
5-2-607
.
(b)
A person is not justified in using physical force upon another person if:
(1)
With purpose to cause physical injury or death to the other person, the person provokes the use of unlawful physical force by the other person;
(2)
(A)
The person is the initial aggressor.
(B)
However, the initial aggressor's use of physical force upon another person is justifiable if:
(i)
The initial aggressor in good faith withdraws from the encounter and effectively communicates to the other person his or her purpose to withdraw from the encounter; and
(ii)
The other person continues or threatens to continue the use of unlawful physical force; or
(3)
The physical force involved is the product of a combat by agreement not authorized by law.
(c)
A person who uses or threatens to use physical force as otherwise permitted under this subchapter does not have a duty to retreat before using or threatening to use the physical force if the person is:
(1)
Lawfully present in the location;
(2)
Not engaged in criminal activity that gives rise to the need to use physical force; and
(3)
Not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined under §
5-74-103
.
Amended by Act 2021, No. 250,§ 1, eff. 7/28/2021.
Acts 1975, No. 280, § 506; A.S.A. 1947, § 41-506; Acts 2007, No. 827, § 13.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 6 - JUSTIFICATION (§§ 5-2-601 — 5-2-622) › Section 5-2-607 - Use of deadly physical force in defense of a person

(a)
A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is:
(1)
Committing or about to commit a felony involving physical force or violence;
(2)
Using or about to use unlawful deadly physical force; or
(3)
Imminently endangering the person's life or imminently about to victimize the person from the continuation of a pattern of domestic abuse.
(b)
A person is not required to retreat before using deadly physical force if the person:
(1)
Is lawfully present at the location where deadly physical force is used;
(2)
Has a reasonable belief that the person against whom the deadly physical force is used is imminently threatening to cause death or serious physical injury to the person or another person;
(3)
Except as provided under §
5-2-606(b)(2)(B)
, is not the initial aggressor and has not provoked the person against whom the deadly physical force is used;
(4)
Is not committing a felony offense of possession of a firearm by certain persons, §
5-73-103
, with the firearm used to employ the deadly physical force, unless the person is in or at the person's dwelling or in the curtilage surrounding the person's dwelling;
(5)
Is not engaged in criminal activity that gives rise to the need for the use of deadly physical force at the time the deadly physical force is used; and
(6)
Is not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined in §
5-74-103
.
(c)
As used in this section:
(1)
"Curtilage" means the land adjoining a dwelling that is convenient for residential purposes and habitually used for residential purposes, but not necessarily enclosed, and includes an outbuilding that is directly and intimately connected with the dwelling and in close proximity to the dwelling; and
(2)
"Domestic abuse" means:
(A)
Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or
(B)
Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state.
Amended by Act 2021, No. 250,§ 2, eff. 7/28/2021.
Amended by Act 2015, No. 828,§ 1, eff. 7/22/2015.
Acts 1975, No. 280, § 507; A.S.A. 1947, § 41-507; Acts 1997, No. 1257, § 1; 2007, No. 111, § 1; 2009, No. 748, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 6 - JUSTIFICATION (§§ 5-2-601 — 5-2-622) › Section 5-2-608 - Use of physical force in defense of premises

(a)
A person in lawful possession or control of premises or a vehicle is justified in using nondeadly physical force upon another person when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises or vehicle.
(b)
A person may use deadly physical force under the circumstances set forth in subsection (a) of this section if:
(1)
Use of deadly physical force is authorized by §
5-2-607
; or
(2)
The person reasonably believes the use of deadly physical force is necessary to prevent the commission of arson or burglary by a trespasser.
Acts 1975, No. 280, § 508; A.S.A. 1947, § 41-508.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 6 - JUSTIFICATION (§§ 5-2-601 — 5-2-622) › Section 5-2-609 - Use of physical force in defense of property

A person is justified in using nondeadly physical force upon another person when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to prevent or terminate the other person's:
(1)
Commission or attempted commission of theft or criminal mischief; or
(2)
Subsequent flight from the commission or attempted commission of theft or criminal mischief.
Acts 1975, No. 280, § 509; A.S.A. 1947, § 41-509; Acts 2003, No. 1090, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 6 - JUSTIFICATION (§§ 5-2-601 — 5-2-622) › Section 5-2-610 - Use of physical force by law enforcement officers

(a)
A law enforcement officer is justified in using nondeadly physical force or threatening to use deadly physical force upon another person if the law enforcement officer reasonably believes the use of nondeadly physical force or the threat of use of deadly physical force is necessary to:
(1)
Effect an arrest or to prevent the escape from custody of an arrested person unless the law enforcement officer knows that the arrest is unlawful; or
(2)
Defend himself or herself or a third person from what the law enforcement officer reasonably believes to be the use or imminent use of physical force while effecting or attempting to effect an arrest or while preventing or attempting to prevent an escape.
(b)
A law enforcement officer is justified in using deadly physical force upon another person if the law enforcement officer reasonably believes that the use of deadly physical force is necessary to:
(1)
Effect an arrest or to prevent the escape from custody of an arrested person whom the law enforcement officer reasonably believes has committed or attempted to commit a felony and is presently armed or dangerous; or
(2)
Defend himself or herself or a third person from what the law enforcement officer reasonably believes to be the use or imminent use of deadly physical force.
Acts 1975, No. 280, § 510; A.S.A. 1947, § 41-510; Acts 2005, No. 1994, § 491.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 6 - JUSTIFICATION (§§ 5-2-601 — 5-2-622) › Section 5-2-611 - Use of physical force by private person aiding law enforcement officers

(a)
A person is justified in using nondeadly physical force when and to the extent the person reasonably believes the use of nondeadly physical force is necessary to:
(1)
Effect the arrest of a person reasonably believed to be committing or to have committed a felony; or
(2)
Prevent the escape of a person reasonably believed to have committed a felony.
(b)
A person who has been directed by a law enforcement officer to assist in effecting an arrest or in preventing an escape is justified in using nondeadly physical force when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to carry out the law enforcement officer's direction.
(c)
A person who has been directed by a law enforcement officer to assist in effecting an arrest or in preventing an escape is justified in using deadly physical force if the person reasonably believes the use of deadly physical force is necessary to defend himself or herself or a third person from what the person reasonably believes to be the use or imminent use of deadly physical force.
Acts 1975, No. 280, § 511; 1977, No. 474, § 2; A.S.A. 1947, § 41-511.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 6 - JUSTIFICATION (§§ 5-2-601 — 5-2-622) › Section 5-2-612 - Use of physical force in resisting arrest

Whether the arrest is lawful or unlawful, a person may not use physical force to resist an arrest by a person who is known or reasonably appears to be a:
(1)
Law enforcement officer; or
(2)
Private citizen directed by a law enforcement officer to assist in effecting an arrest.
Acts 1975, No. 280, § 512; A.S.A. 1947, § 41-512.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 6 - JUSTIFICATION (§§ 5-2-601 — 5-2-622) › Section 5-2-613 - Use of physical force to prevent escape from correctional facility or custody of correctional officer

(a)
Unless the correctional officer knows or reasonably should know that a prisoner is charged with or has been convicted of only a misdemeanor, a correctional officer employed by the Division of Correction or by a private contractor in a correctional facility housing inmates for the division or a city or county correctional officer employed in a correctional facility or jail is justified in using deadly physical force when and to the extent that the correctional officer reasonably believes the use of deadly physical force is necessary to prevent the escape of a prisoner from:
(1)
A correctional facility; or
(2)
Custody of a correctional officer outside a correctional facility for any purpose.
(b)
If the correctional officer knows or reasonably should know that a prisoner is charged with or has been convicted of only a misdemeanor, only nondeadly physical force may be used.
Amended by Act 2019, No. 910,§ 646, eff. 7/1/2019.
Acts 1975, No. 280, § 513; A.S.A. 1947, § 41-513; Acts 1997, No. 525, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 6 - JUSTIFICATION (§§ 5-2-601 — 5-2-622) › Section 5-2-614 - Use of reckless or negligent force

(a)
When a person believes that the use of physical force is necessary for any purpose justifying that use of physical force under this subchapter but the person is reckless or negligent either in forming that belief or in employing an excessive degree of physical force, the justification afforded by this subchapter is unavailable in a prosecution for an offense for which recklessness or negligence suffices to establish a culpable mental state.
(b)
When a person is justified under this subchapter in using physical force but he or she recklessly or negligently injures or creates a substantial risk of injury to a third party, the justification afforded by this subchapter is unavailable in a prosecution for the recklessness or negligence toward the third party.
Acts 1975, No. 280, § 514; A.S.A. 1947, § 41-514.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 6 - JUSTIFICATION (§§ 5-2-601 — 5-2-622) › Section 5-2-615 - Use of physical force by a pregnant woman in defense of her unborn child

(a)
As used in this section:
(1)
"Pregnant" means the female reproductive condition of having an unborn child in the female's body; and
(2)
"Unborn child" means the offspring of human beings from conception until birth.
(b)
A pregnant woman is justified in using physical force or deadly physical force against another person to protect her unborn child if, under the circumstances as the pregnant woman reasonably believes them to be, she would be justified under §
5-2-606
or §
5-2-607
in using physical force or deadly physical force to protect herself against the unlawful physical force or unlawful deadly physical force she reasonably believes to be threatening her unborn child.
(c)
The justification for using physical force or deadly physical force against another person to protect a pregnant woman's unborn child is not available if the use of the physical force or deadly physical force for protection was used by a person other than the pregnant woman.
Amended by Act 2021, No. 250,§ 3, eff. 7/28/2021.
Added by Act 2013, No. 156,§ 3, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 6 - JUSTIFICATION (§§ 5-2-601 — 5-2-622) › Section 5-2-620 - Use of force to defend persons and property within home

(a)
The right of an individual to defend himself or herself and the life of a person or property in the individual's home against harm, injury, or loss by a person unlawfully entering or attempting to enter or intrude into the home is reaffirmed as a fundamental right to be preserved and promoted as a public policy in this state.
(b)
There is a legal presumption that any force or means used to accomplish a purpose described in subsection (a) of this section was exercised in a lawful and necessary manner, unless the presumption is overcome by clear and convincing evidence to the contrary.
(c)
The public policy stated in subsection (a) of this section shall be strictly complied with by the court and an appropriate instruction of this public policy shall be given to a jury sitting in trial of criminal charges brought in connection with this public policy.
Acts 1981, No. 880, § 1; A.S.A. 1947, § 41-507.1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 6 - JUSTIFICATION (§§ 5-2-601 — 5-2-622) › Section 5-2-622 - Gambling debts and losses

It is no defense to a prosecution for a crime of violence that a person was seeking recovery or replevin of a gambling debt or loss in circumstances in which civil recovery is permitted by §
16-118-103
.
Acts 2009, No. 460, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 3 - INCHOATE OFFENSES (§§ 5-3-101 — 5-3-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-3-101 — 5-3-103) › Section 5-3-101 - Mitigation - Affirmative defense

It is an affirmative defense to a prosecution for criminal attempt, solicitation, or conspiracy that:
(1)
The conduct charged to constitute the offense is inherently unlikely to result or to culminate in the commission of a crime; and
(2)
Neither the conduct nor the defendant presents a public danger warranting imposition of criminal liability.
Acts 1975, No. 280, § 715; A.S.A. 1947, § 41-715.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 3 - INCHOATE OFFENSES (§§ 5-3-101 — 5-3-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-3-101 — 5-3-103) › Section 5-3-102 - Multiple convictions barred

A person may not be convicted of more than one (1) offense defined by this chapter for conduct designed to commit or to culminate in the commission of the same offense.
Acts 1975, No. 280, § 716; A.S.A. 1947, § 41-716.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 3 - INCHOATE OFFENSES (§§ 5-3-101 — 5-3-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-3-101 — 5-3-103) › Section 5-3-103 - Solicitation and conspiracy - Defenses and claims that are not defenses

(a)
It is a defense to a prosecution for solicitation or conspiracy to commit an offense that:
(1)
The defendant is a victim of the offense; or
(2)
The offense is defined so that the defendant's conduct is inevitably incident to the commission of the offense.
(b)
It is not a defense to a prosecution for conspiracy or solicitation to commit an offense that:
(1)
The defendant or the person whom the defendant solicits or with whom the defendant conspires does not occupy a particular position or have a particular characteristic that is an element of that offense, if the defendant believes that one (1) of the persons does;
(2)
The person whom the defendant solicits or with whom the defendant conspires is irresponsible or is immune to prosecution or conviction for the commission of the offense or has feigned agreement;
(3)
The person whom the defendant solicits or with whom the defendant conspires has not been charged with, prosecuted for, convicted of, or has been acquitted of an offense based upon the conduct alleged or has been convicted of a different offense or degree of offense, even if the defendant and the person whom the defendant solicits or with whom the defendant conspires were tried jointly;
(4)
The person whom the defendant solicits or with whom the defendant conspires could not be guilty of committing that offense because that person is unaware of the criminal nature of the conduct in question or of the defendant's criminal purpose; or
(5)
The offense charged, as defined, can be committed only by a particular class of persons, and the defendant, not belonging to that particular class of persons, is for that reason legally incapable of committing the offense in an individual capacity unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing the defendant's incapacity.
Acts 1975, No. 280, § 713; A.S.A. 1947, § 41-713; Acts 1995, No. 1294, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 3 - INCHOATE OFFENSES (§§ 5-3-101 — 5-3-407) › Subchapter 2 - CRIMINAL ATTEMPT (§§ 5-3-201 — 5-3-204) › Section 5-3-201 - Conduct constituting attempt

(a)
A person attempts to commit an offense if he or she purposely engages in conduct that:
(1)
Would constitute an offense if the attendant circumstances were as the person believes them to be; or
(2)
Constitutes a substantial step in a course of conduct intended to culminate in the commission of an offense whether or not the attendant circumstances are as the person believes them to be.
(b)
When causing a particular result is an element of the offense, a person commits the offense of criminal attempt if, acting with the kind of culpable mental state otherwise required for the commission of the offense, the person purposely engages in conduct that constitutes a substantial step in a course of conduct intended or known to cause the particular result.
(c)
Conduct is not a substantial step under this section unless the conduct is strongly corroborative of the person's criminal purpose.
Acts 1975, No. 280, § 701; A.S.A. 1947, § 41-701.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 3 - INCHOATE OFFENSES (§§ 5-3-101 — 5-3-407) › Subchapter 2 - CRIMINAL ATTEMPT (§§ 5-3-201 — 5-3-204) › Section 5-3-202 - Complicity

(a)
A person attempts to commit an offense if, with the purpose of aiding another person in the commission of the offense, the person engages in conduct that would establish his or her complicity under §
5-2-402
if the offense were committed by the other person.
(b)
It is not a defense to a prosecution under this section that:
(1)
The other person did not commit or attempt to commit an offense; or
(2)
It was impossible for the actor to assist the other person in the commission of the offense if the actor could have assisted the other person had the attendant circumstances been as the actor believed them to be.
Acts 1975, No. 280, § 702; A.S.A. 1947, § 41-702.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 3 - INCHOATE OFFENSES (§§ 5-3-101 — 5-3-407) › Subchapter 2 - CRIMINAL ATTEMPT (§§ 5-3-201 — 5-3-204) › Section 5-3-203 - Classification

A criminal attempt is a:
(1)
Class Y felony if the offense attempted is capital murder;
(2)
Class A felony if the offense attempted is treason or a Class Y felony other than capital murder;
(3)
Class B felony if the offense attempted is a Class A felony;
(4)
Class C felony if the offense attempted is a Class B felony;
(5)
Class D felony if the offense attempted is a Class C felony;
(6)
Class A misdemeanor if the offense attempted is a Class D felony or an unclassified felony;
(7)
Class B misdemeanor if the offense attempted is a Class A misdemeanor;
(8)
Class C misdemeanor if the offense attempted is a Class B misdemeanor; or
(9)
Violation if the offense attempted is a Class C misdemeanor or an unclassified misdemeanor.
Acts 1975, No. 280, § 703; 1981, No. 620, § 3; A.S.A. 1947, § 41-703; Acts 2005, No. 1888, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 3 - INCHOATE OFFENSES (§§ 5-3-101 — 5-3-407) › Subchapter 2 - CRIMINAL ATTEMPT (§§ 5-3-201 — 5-3-204) › Section 5-3-204 - Renunciation

(a)
(1)
It is an affirmative defense to a prosecution under §
5-3-201(a)(2) or (b)
that the defendant abandons his or her effort to commit the offense, and by the abandonment prevents the commission of the offense, under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose.
(2)
However, the establishment of the affirmative defense under subdivision (a)(1) of this section does not affect the liability of an accomplice who does not join in the abandonment or prevention.
(b)
It is an affirmative defense to a prosecution under §
5-3-202
that the defendant terminates his or her complicity in the commission of the offense and:
(1)
Wholly deprives his or her complicity of effectiveness in the commission of the offense;
(2)
Gives timely warning to an appropriate law enforcement authority; or
(3)
Otherwise makes a substantial effort to prevent the commission of the offense, under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose.
Acts 1975, No. 280, § 704; A.S.A. 1947, § 41-704.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 3 - INCHOATE OFFENSES (§§ 5-3-101 — 5-3-407) › Subchapter 3 - CRIMINAL SOLICITATION (§§ 5-3-301 — 5-3-302) › Section 5-3-301 - Conduct constituting solicitation - Classification

(a)
A person solicits the commission of an offense if, with the purpose of promoting or facilitating the commission of a specific offense, the person commands, urges, or requests another person to engage in specific conduct that would:
(1)
Constitute that offense;
(2)
Constitute an attempt to commit that offense;
(3)
Cause the result specified by the definition of that offense; or
(4)
Establish the other person's complicity in the commission or attempted commission of that offense.
(b)
Criminal solicitation is a:
(1)
Class A felony if the offense solicited is capital murder, treason, or a Class Y felony;
(2)
Class B felony if the offense solicited is a Class A felony;
(3)
Class C felony if the offense solicited is a Class B felony;
(4)
Class D felony if the offense solicited is a Class C felony;
(5)
Class A misdemeanor if the offense solicited is a Class D felony or an unclassified felony;
(6)
Class B misdemeanor if the offense solicited is a Class A misdemeanor;
(7)
Class C misdemeanor if the offense solicited is a Class B misdemeanor; or
(8)
Violation if the offense solicited is a Class C misdemeanor or an unclassified misdemeanor.
Acts 1975, No. 280, § 705; 1981, No. 620, § 4; A.S.A. 1947, § 41-705.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 3 - INCHOATE OFFENSES (§§ 5-3-101 — 5-3-407) › Subchapter 3 - CRIMINAL SOLICITATION (§§ 5-3-301 — 5-3-302) › Section 5-3-302 - Renunciation

It is an affirmative defense to a prosecution for criminal solicitation that the defendant prevented the commission of the offense solicited under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose.
Acts 1975, No. 280, § 706; A.S.A. 1947, § 41-706.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 3 - INCHOATE OFFENSES (§§ 5-3-101 — 5-3-407) › Subchapter 4 - CRIMINAL CONSPIRACY (§§ 5-3-401 — 5-3-407) › Section 5-3-401 - Conduct constituting conspiracy

A person conspires to commit an offense if with the purpose of promoting or facilitating the commission of any criminal offense:
(1)
The person agrees with another person or other persons that:
(A)
One (1) or more of the persons will engage in conduct that constitutes that offense; or
(B)
The person will aid in the planning or commission of that criminal offense; and
(2)
The person or another person with whom the person conspires does any overt act in pursuance of the conspiracy.
Acts 1975, No. 280, § 707; A.S.A. 1947, § 41-707.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 3 - INCHOATE OFFENSES (§§ 5-3-101 — 5-3-407) › Subchapter 4 - CRIMINAL CONSPIRACY (§§ 5-3-401 — 5-3-407) › Section 5-3-402 - Scope of conspiratorial relationship

If an actor knows or could reasonably expect that a person with whom the actor conspires has himself or herself conspired or will conspire with another person to commit the same criminal offense, the actor is deemed to have conspired with the other person, whether or not the actor knows the other person's identity.
Acts 1975, No. 280, § 708; A.S.A. 1947, § 41-708.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 3 - INCHOATE OFFENSES (§§ 5-3-101 — 5-3-407) › Subchapter 4 - CRIMINAL CONSPIRACY (§§ 5-3-401 — 5-3-407) › Section 5-3-403 - Multiple criminal objectives

If a person conspires to commit a number of criminal offenses, the person commits only one (1) conspiracy if the multiple offenses are the object of the same agreement or continuous conspiratorial relationship.
Acts 1975, No. 280, § 709; A.S.A. 1947, § 41-709.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 3 - INCHOATE OFFENSES (§§ 5-3-101 — 5-3-407) › Subchapter 4 - CRIMINAL CONSPIRACY (§§ 5-3-401 — 5-3-407) › Section 5-3-404 - Classification

Criminal conspiracy is a:
(1)
Class A felony if an object of the conspiracy is commission of capital murder, treason, or a Class Y felony;
(2)
Class B felony if an object of the conspiracy is commission of a Class A felony;
(3)
Class C felony if an object of the conspiracy is commission of a Class B felony;
(4)
Class D felony if an object of the conspiracy is commission of a Class C felony;
(5)
Class A misdemeanor if an object of the conspiracy is commission of a Class D felony or an unclassified felony;
(6)
Class B misdemeanor if an object of the conspiracy is commission of a Class A misdemeanor; or
(7)
Class C misdemeanor if an object of the conspiracy is commission of a Class B misdemeanor.
Acts 1975, No. 280, § 714; 1981, No. 620, § 5; A.S.A. 1947, § 41-714.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 3 - INCHOATE OFFENSES (§§ 5-3-101 — 5-3-407) › Subchapter 4 - CRIMINAL CONSPIRACY (§§ 5-3-401 — 5-3-407) › Section 5-3-405 - Renunciation of criminal purpose

It is an affirmative defense to a prosecution for conspiracy to commit an offense that the defendant:
(1)
Thwarted the success of the conspiracy under circumstances manifesting a complete and voluntary renunciation of the defendant's criminal purpose; or
(2)
Terminated his or her participation in the conspiracy and:
(A)
Gave timely warning to an appropriate law enforcement authority; or
(B)
Otherwise made a substantial effort to prevent the commission of the offense, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal purpose.
Acts 1975, No. 280, § 710; A.S.A. 1947, § 41-710.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 3 - INCHOATE OFFENSES (§§ 5-3-101 — 5-3-407) › Subchapter 4 - CRIMINAL CONSPIRACY (§§ 5-3-401 — 5-3-407) › Section 5-3-406 - Statute of limitations

(a)
For the purposes of §
5-1-109
, a conspiracy is a continuing course of conduct that terminates when the offense or offenses that are the object of the conspiracy are committed.
(b)
However, if a person abandons the agreement a conspiracy is terminated as to him or her only, when the person:
(1)
Advises other persons with whom the person conspired of his or her abandonment; or
(2)
Informs a law enforcement authority of the existence of the conspiracy and of his or her participation in the conspiracy.
Acts 1975, No. 280, § 711; A.S.A. 1947, § 41-711.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 3 - INCHOATE OFFENSES (§§ 5-3-101 — 5-3-407) › Subchapter 4 - CRIMINAL CONSPIRACY (§§ 5-3-401 — 5-3-407) › Section 5-3-407 - Venue for prosecution

A prosecution for criminal conspiracy may be brought in any county where any overt act in furtherance of the conspiracy is alleged to have occurred, and that county is a proper place of venue for the prosecution of any person charged as a party to that conspiracy.
Acts 1975, No. 280, § 712; A.S.A. 1947, § 41-712.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-4-101 — 5-4-109) › Section 5-4-101 - Definitions

As used in this chapter:
(1)
"Delinquent" means the defendant:
(A)
Has failed to pay his or her fines and costs that resulted from his or her felony conviction; and
(B)
Has not paid his or her installment for three (3) consecutive months if the defendant is on an installment payment plan;
(2)
(A)
"Imprisonment" means:
(i)
Incarceration in a detention facility operated by the state or any of its political subdivisions; or
(ii)
Home detention as described in §
16-93-708
.
(B)
"Imprisonment" may mean incarceration in a privately operated detention facility under contract to the state or any of its political subdivisions;
(3)
"Probation" or "place on probation" means a procedure in which a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence but subject to the supervision of a probation officer;
(4)
"Probation officer" means a salaried officer attached to the court pursuant to §
16-93-402
[repealed] or a reputable person designated by the court to supervise a defendant who is placed on probation;
(5)
"Recidivism" means a criminal act that results in the rearrest, reconviction, or return to incarceration of a person with a new sentence or a revocation from parole or post-release supervision during a three-year period following the person's release from custody;
(6)
(A)
"Restitution" means the act of making good or giving equivalent value for any loss, damage, or injury.
(B)
"Restitution" may also include in the event of an injury or loss that the offender has special capacity to restore or repair a sentence to perform that reparation; and
(7)
"Suspension" or "suspend imposition of sentence" means a procedure in which a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence and without supervision.
Amended by Act 2023, No. 659,§ 4, eff. 1/1/2024.
Amended by Act 2021, No. 1071,§ 1, eff. 7/28/2021.
Amended by Act 2013, No. 1030,§ 1, eff. 8/16/2013.
Acts 1975, No. 280, § 801; 1981, No. 620, § 6; A.S.A. 1947, § 41-801; Acts 1993, No. 533, § 1; 1993, No. 553, § 1; 1999, No. 216, § 1; 2005, No. 680, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-4-101 — 5-4-109) › Section 5-4-102 - Presentence investigation

(a)
If punishment is fixed by the court, the court may order a presentence investigation before imposing sentence.
(b)
(1)
The presentence investigation should be conducted by a presentence officer or another person designated by the court and should include an analysis of:
(A)
The circumstances surrounding the commission of the offense;
(B)
The defendant's history of delinquency or criminality, physical and mental condition, family situation and background, economic status, education, occupation, and personal habits; and
(C)
Any other matter that the investigator deems relevant or the court directs to be included.
(2)
In a case involving a violation of §
5-11-106
in which a minor was unlawfully detained, restrained, taken, enticed, or kept, the presentence investigation shall include ascertaining the expenses incurred by a law enforcement agency, the Department of Human Services, and the lawful custodian in searching for and returning the minor to the lawful custodian.
(c)
(1)
Before imposing sentence, the court may order the defendant to submit to psychiatric examination and evaluation for a period not to exceed thirty (30) days.
(2)
The defendant may be remanded for psychiatric examination and evaluation to the Arkansas State Hospital, or the court may appoint a qualified psychiatrist to make the psychiatric examination and evaluation.
(d)
(1)
Before imposing sentence, the court shall advise the defendant or his or her counsel of the factual contents and conclusions of any presentence investigation or psychiatric examination and evaluation and afford fair opportunity, if the defendant so requests, to controvert the factual contents and conclusions.
(2)
A source of confidential information does not need to be disclosed.
(e)
If the defendant is sentenced to imprisonment, a copy of the report of any presentence investigation or psychiatric examination or evaluation shall be transmitted immediately to the Division of Correction or, when the defendant is committed to the custody of a specific institution, to that specific institution.
Amended by Act 2019, No. 910,§ 647, eff. 7/1/2019.
Acts 1975, No. 280, § 804; A.S.A. 1947, § 41-804; Acts 1987, No. 487, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-4-101 — 5-4-109) › Section 5-4-103 - Sentencing - Role of jury and court

(a)
If a defendant is charged with a felony and is found guilty of an offense by a jury, the jury shall fix punishment in a separate proceeding as authorized by this chapter.
(b)
Except as provided by §§
5-4-601
-
5-4-605
,
5-4-607
, and
5-4-608
, the court shall fix punishment as authorized by this chapter in any case in which:
(1)
The defendant pleads guilty to an offense;
(2)
The defendant's guilt is tried by the court;
(3)
The jury fails to agree on punishment;
(4)
The prosecution and the defense agree that the court may fix punishment; or
(5)
A jury sentence is found by the trial court or an appellate court to be in excess of the punishment authorized by law.
Acts 1975, No. 280, § 802; A.S.A. 1947, § 41-802; Acts 1993, No. 535, § 1; 1993, No. 551, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-4-101 — 5-4-109) › Section 5-4-108 - Sentencing for person who committed an offense when he or she was less than 18 years of age

A defendant shall not be sentenced to death or life imprisonment without the possibility of parole for an offense if the defendant was less than eighteen (18) years of age at the time the offense was committed.
Added by Act 2017, No. 539,§ 4, eff. 3/20/2017.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-4-101 — 5-4-109) › Section 5-4-109 - Sentencing for sex offense

A person who is convicted of an offense for which he or she is required to register as a sex offender under the Sex Offender Registration Act of 1997, §
12-12-901
et seq., shall be notified at his or her sentencing by the court that he or she is prohibited from:
(1)
Recording a person under fourteen (14) years of age under §
5-14-137
if he or she is assessed as a Level 3 or Level 4 offender; or
(2)
Purchasing, owning, possessing, using, or operating an unmanned aircraft under §
5-14-138
if he or she is assessed as a Level 3 or Level 4 offender.
Amended by Act 2023, No. 35,§ 1, eff. 8/1/2023.
Added by Act 2019, No. 621,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 2 - FINES, COSTS, AND RESTITUTION (§§ 5-4-201 — 5-4-208) › Section 5-4-202 - Alternative sentence prohibited - Time of payment

(a)
If the defendant is sentenced to pay a fine or costs, the court shall not at the same time impose an alternative sentence or imprisonment to be served if the fine or costs are not paid.
(b)
(1)
If a defendant is sentenced to pay a fine or costs, the court may grant permission for payment to be made:
(A)
Within a specified period of time; or
(B)
In specified installments.
(2)
Except as provided in subsection (c) of this section, if permission under subdivision (b)(1) of this section is not granted in the sentence, the fine or costs are payable immediately.
(c)
(1)
If a defendant is sentenced to a term of imprisonment, fines and costs shall be suspended for the period of confinement and the one hundred twenty (120) days following the defendant's release from custody.
(2)
If a defendant is sentenced to a term of imprisonment, restitution shall be suspended for the period of confinement and is payable immediately following the defendant's release from custody.
Amended by Act 2023, No. 659,§ 7, eff. 1/1/2024.
Acts 1975, No. 280, § 1102; A.S.A. 1947, § 41-1102; Acts 2011, No. 1120, § 3.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 2 - FINES, COSTS, AND RESTITUTION (§§ 5-4-201 — 5-4-208) › Section 5-4-204 - Collection after default

(a)
When a defendant sentenced to pay a fine or costs defaults in the payment of the fine or costs or of any installment, the fine or costs may be collected by any means authorized for the enforcement of a money judgment in a civil action.
(b)
A judgment that the defendant pay a fine or costs constitutes a lien on the real property and personal property of the defendant in the same manner and to the same extent as a money judgment in a civil action.
Acts 1975, No. 280, § 1104; A.S.A. 1947, § 41-1104.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 2 - FINES, COSTS, AND RESTITUTION (§§ 5-4-201 — 5-4-208) › Section 5-4-206 - Collection of unpaid restitution - Interception of state income tax returns

(a)
As used in this section, "restitution order" means a sentencing order or other order that imposes a duty on a defendant to pay restitution.
(b)
A court that orders the payment of restitution as a condition of a defendant's sentence shall note on the restitution order that the restitution may be collected through an interception of the defendant's state income tax return if the defendant has failed to comply with the terms and conditions of the restitution order.
(c)
If a victim who is to receive restitution under a restitution order informs the prosecuting attorney that he or she has not been paid the ordered restitution in accordance with the restitution order, the prosecuting attorney may file a petition under this section to request the interception of the defendant's state income tax return in order to satisfy the restitution order.
(d)
(1)
A petition filed under this section shall be filed under the same case number as the original criminal offense.
(2)
A defendant subject to the restitution order shall be served a copy of the petition and given notice of the hearing under the applicable rules of procedure.
(e)
(1)
The court shall order the interception of the defendant's state income tax return in an amount sufficient to satisfy the restitution order if it finds that:
(A)
The defendant has knowingly failed to abide by the terms and conditions of the restitution order; and
(B)
There exist no mitigating factors that would justify the nonpayment of restitution.
(2)
An order under this subsection shall remain in force until the restitution amount in the court's order has been satisfied through interception of the defendant's state income tax return or by other means.
(f)
(1)
After obtaining an order under subsection (e) of this section, the prosecuting attorney or other county official or entity with a duty to collect restitution may proceed under §
26-36-301
et seq. to collect the owed restitution from the defendant's state income tax return.
(2)
The Department of Finance and Administration shall promulgate rules to implement subdivision (f)(1) of this section.
Amended by Act 2023, No. 659,§ 9, eff. 1/1/2024.
Added by Act 2015, No. 837,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 2 - FINES, COSTS, AND RESTITUTION (§§ 5-4-201 — 5-4-208) › Section 5-4-207 - Installment payments - Request for temporary acceptance

(a)
(1)
If a defendant is paying a fine or costs as the result of a felony conviction in installments as authorized under §
5-4-202(b)
, the defendant may contact the entity with the responsibility to collect the fines or costs and request that the entity permit a lower installment payment based upon a demonstration of hardship.
(2)
(A)
Lower installment payments may be accepted by the entity with the responsibility to collect the fines or costs under subdivision (a)(1) of this section for no more than three (3) consecutive months.
(B)
A request for and acceptance of lower installment payments in excess of or more than three (3) months shall be made by order of the circuit court.
(b)
(1)
A defendant shall not request permission under subsection (a) of this section if the defendant's failure to pay is attributable to the defendant's:
(A)
Purposeful refusal to obey the sentence of the court; or
(B)
Refusal or failure to make a good-faith effort to obtain the funds required for payment.
(2)
(A)
If a defendant becomes delinquent in his or her installment payments and a warrant is issued for the defendant's arrest, the bond amount set by the court shall not exceed ten percent (10%) of the amount of the defendant's arrearage.
(B)
However, a defendant is not delinquent during a period in which he or she:
(i)
Has had his or her installment payment amount lowered as provided under subsection (a) of this section; and
(ii)
Is making installment payments in accordance with the lower payments as temporarily authorized under subsection (a) of this section.
(c)
(1)
An inmate in the Department of Corrections upon request is permitted to file in the circuit court in which the inmate has outstanding fines, court costs, fees, or restitution obligations notice to the circuit court of his or her incarceration and to seek temporary abatement or the imposition of reduced installment payments during the period of his or her incarceration.
(2)
An inmate in the department upon request may be allowed to make arrangements during the time period six (6) months or less before his or her release from custody to file in the circuit court in which the inmate has outstanding fines, court costs, fees, or restitution obligations notice to the circuit court of his or her impending release from incarceration and to seek temporary abatement or the imposition of reduced installment payments during the six-month period immediately following the scheduled release from incarceration.
(d)
(1)
If the circuit court determines that a hearing is necessary, a hearing under this subsection may be conducted.
(2)
The preferred method to conduct the hearing is by telephone, video conference, or other electronic means.
Added by Act 2021, No. 1071,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 2 - FINES, COSTS, AND RESTITUTION (§§ 5-4-201 — 5-4-208) › Section 5-4-208 - Installment payments - Restitution to be paid first

If a defendant is making installment payments under §
5-4-202(b)
, and is also making installment payments for restitution under §
5-4-205(e)(1)(B)
, the installment payments are given priority as follows:
(1)
First, installment payments are applied to restitution, with the exception of the monthly installment fee, which is remitted as provided under §
5-4-205(e)(1)(B)(ii)
; and
(2)
Second, when restitution has been paid in full, remaining installment payments are applied to court costs and then fines.
Added by Act 2023, No. 450,§ 1, eff. 8/1/2023.