Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-301 - Unlawful acts

(a)
Except as provided under §
17-40-325
, it is unlawful for a person to knowingly:
(1)
Perform any service as a private investigator unless the person has obtained a credential to perform the services of a private investigator under this chapter;
(2)
Perform any service as or engage in the business or business activity of a security services contractor or alarm systems company unless the person has obtained a license as a securities services contractor or alarm systems company under this chapter;
(3)
Engage in an operation outside the scope of the person's license or credential; or
(4)
Perform any service that requires a license, credential, or commission under this subchapter without having first been issued that license, credential, or commission.
(b)
A credential holder or a licensee or an officer, director, partner, manager, or employee of a licensee shall not knowingly make a false report to his or her employer or client for whom information was being obtained.
(c)
(1)
A credential holder, licensee, manager, or agent authorized by one (1) or both the licensee or manager shall have the sole responsibility of knowingly submitting a written investigative report to a client.
(2)
The person submitting the written investigative report shall exercise due diligence in ascertaining the truth and accuracy of the information in the report.
(d)
A credential holder, or a licensee or officer, director, partner, manager, or employee of a licensee, except a full-time police officer, shall not knowingly use a title, wear a uniform, use an insignia, use an identification, or make any statement with the intent to give the impression that the person is connected in any way with the United States Government, a state government, county government, city government, or any political subdivision of a state government.
(e)
It is unlawful for a person to misrepresent that he or she is employed by a credential holder or a licensee.
(f)
(1)
It is unlawful for a state, county, or municipal government or political subdivision of a state, county, or municipal government to install, service, maintain, monitor, operate, sell, or lease as lessor a burglar alarm, fire alarm system, or other electronic security system on private property if a private contractor licensed to do business within the county or municipality offers such systems or services to the public within the county or municipality.
(2)
This section does not prohibit a county or municipal government from installing, servicing, maintaining, or operating a burglar alarm or fire alarm system on property owned or leased by a county or municipal government.
(3)
This subsection does not apply to an entity authorized to provide, directly or indirectly, voice, data, broadband, video, or wireless telecommunications services under §
23-17-409(b)(2)
.
(g)
A person shall not program an automatic dialing device to call a law enforcement agency, fire department, emergency health service, or a state, city, or county agency without the prior approval of the Director of the Division of Arkansas State Police.
(h)
A credential holder or a licensee shall not contract or subcontract with an unlicensed person or uncredentialed individual to perform a service that requires a credential or a license under this chapter.
(i)
A person licensed only as a security services contractor shall not engage in an investigation unless the investigation is incidental to the theft, loss, embezzlement, misappropriation, or concealment of property that the person has been hired or engaged to protect.
(j)
A person shall not employ an individual as a private security officer and knowingly authorize or permit him or her to carry a firearm during the course of performing his or her duties as a private security officer if the Director of the Division of Arkansas State Police has not issued the private security officer a security officer commission.
(k)
An individual employed as a private security officer shall not knowingly carry a firearm during the course of performing his or her duties as a private security officer if the Director of the Division of Arkansas State Police has not issued him or her a security officer commission.
(l)
A person shall not knowingly hire or employ an individual as a private security officer and an individual shall not accept employment as a private security officer if the employment requires the private security officer to carry a firearm in the course and scope of his or her duties, unless the private security officer is a commissioned security officer.
Amended by Act 2019, No. 910,§ 5969, eff. 7/1/2019.
Amended by Act 2016EX3, No. 11,§ 1, eff. 5/23/2016.
Amended by Act 2016EX3, No. 10,§ 1, eff. 5/23/2016.
Amended by Act 2015, No. 393,§ 57, eff. 9/1/2015.
Subchapter heading amended by Act 2015, No. 393,§ 56, eff. 9/1/2015.
Acts 1977, No. 429, §§ 13, 25; 1979, No. 907, § 15; 1981, No. 792, § 12; 1983, No. 899, § 7; A.S.A. 1947, §§ 71-2134, 71-2146; Acts 1989, No. 926, § 4; 1991, No. 786, § 23; 1999, No. 1493, § 5.