Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 71 - RIOTS, DISORDERLY CONDUCT, ETC (§§ 5-71-101 — 5-71-303) › Subchapter 1 - GENERAL PROVISIONS (§ 5-71-101) › Section 5-71-101 - Definitions

As used in this chapter:
(1)
"Alcoholic beverage" means:
(A)
Beer, ale, porter, stout, sake, or other similar fermented beverage of any name or description containing five-tenths percent (0.5%) or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any malt substitute;
(B)
Wine of not less than five-tenths percent (0.5%) of alcohol by volume; or
(C)
A distilled spirit known as "ethyl alcohol", "ethanol", or "spirits of wine" in any form, including all dilutions and mixtures of a distilled spirit, from whatever source or by whatever process produced;
(2)
"Deviate sexual activity" means any act of sexual gratification involving:
(A)
The penetration, however slight, of the anus or mouth of one (1) person by the penis of another person; or
(B)
The penetration, however slight, of the vagina or anus of one (1) person by any body member or foreign instrument manipulated by another person;
(3)
"Governmental function" means any activity that a public servant is legally authorized to undertake on behalf of any governmental unit he or she serves;
(4)
(A)
"Motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on a public highway.
(B)
"Motor vehicle" does not include a vehicle operated solely on a rail or rails;
(5)
"Occupiable structure" means a vehicle, building, or other structure:
(A)
Where any person lives or carries on a business or other calling;
(B)
Where people assemble for purposes of business, government, education, religion, entertainment, or public transportation; or
(C)
(i)
That is customarily used for overnight accommodation of persons, whether or not a person is actually present.
(ii)
Each unit of an occupiable structure divided into separately occupied units is itself an occupiable structure;
(6)
"Open alcoholic beverage container" means a bottle, can, or other receptacle that:
(A)
Contains any amount of alcoholic beverage; and
(B)
Is either:
(i)
Open or has a broken seal; or
(ii)
Not open or having a broken seal but with its contents already partially removed;
(7)
"Property" means real property or tangible or intangible personal property, including money or any paper or document that represents or embodies anything of value;
(8)
"Prostitution" has the meaning specified in §
5-70-102
;
(9)
"Public building" means a structure owned, operated, or occupied by any agency of the State of Arkansas or its political subdivisions or by any agency of the United States Government;
(10)
"Public place" means a publicly or privately owned place to which the public or a substantial number of people have access;
(11)
"Vehicle" means any craft or device designed for the transportation of people or property across land or water or through the air; and
(12)
"Vital public facility" means a facility maintained for use for:
(A)
Public communications;
(B)
Transportation;
(C)
Supply of water, gas, or power;
(D)
Law enforcement;
(E)
Fire protection;
(F)
Civil or national defense; or
(G)
Other public service.
Amended by Act 2018EX2, No. 7,§ 1, eff. 7/24/2019.
Amended by Act 2018EX2, No. 4,§ 1, eff. 7/24/2019.
Acts 1975, No. 280, § 2901; A.S.A. 1947, § 41-2901.