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 5-4-104 - Authorized sentences generally

(a)
No defendant convicted of an offense shall be sentenced otherwise than in accordance with this chapter.
(b)
A defendant convicted of capital murder, §
5-10-101
, or treason, §
5-51-201
, shall be sentenced to death or life imprisonment without parole in accordance with §§
5-4-601
-
5-4-605
,
5-4-607
, and
5-4-608
, except if the defendant was younger than eighteen (18) years of age at the time he or she committed the capital murder or treason he or she shall be sentenced to life imprisonment with the possibility of parole after serving a minimum of thirty (30) years' imprisonment.
(c)
(1)
(A)
Except as provided under subdivision (c)(2) of this section, a defendant convicted of a Class Y felony, murder in the second degree, §
5-10-103
, or a felony ineligible to receive earned release credits as defined in §
16-93-1802
, shall be sentenced to a term of imprisonment in accordance with §§
5-4-401
-
5-4-404
.
(B)
In addition to imposing a term of imprisonment, the trial court may sentence a defendant convicted of a Class Y felony or murder in the second degree, §
5-10-103
, or a felony ineligible to receive earned release credits as defined in §
16-93-1802
, to any one (1) or more of the following:
(i)
Pay a fine as authorized by §§
5-4-201
and
5-4-202
;
(ii)
Make restitution as authorized by §
5-4-205
; or
(iii)
Suspend imposition of an additional term of imprisonment, as authorized by subdivision (e)(3) of this section.
(C)
(i)
In addition to the term of imprisonment imposed by the trial court, the trial court shall impose a period of post-release supervision for any defendant sentenced to a felony ineligible to receive earned release credits or a restricted release felony, as defined in §
16-93-1802
, who is not sentenced to the statutory maximum for the offense.
(ii)
The Post-Prison Transfer Board shall set the terms and conditions of post-release supervision for a defendant subject to subdivision (c)(1)(C)(i) of this section before the defendant's release from imprisonment.
(iii)
The maximum terms of post-release supervision that may be imposed under subdivision (c)(1)(C)(i) of this section are:
(a)
For a Class Y felony, seven (7) years;
(b)
For a Class A felony, a Class B felony, or an unclassified felony with a maximum term of imprisonment exceeding ten (10) years, five (5) years; and
(c)
For all other felonies, three (3) years.
(iv)
A term of post-release supervision, when aggregated with the term of imprisonment imposed by the trial court, shall not exceed the statutory maximum for the offense.
(v)
When a defendant is subject to an additional term of post-release supervision on a sentence for which he or she is required to serve one hundred percent (100%) of the term of imprisonment imposed by the sentencing court, the jury shall be instructed as to the potential additional term of post-release supervision.
(2)
A defendant who was eighteen (18) years of age or older at the time of the offense and who was convicted of one (1) or more of the following Class Y felonies in which the victim was less than fourteen (14) years of age at the time of the offense shall be sentenced to life without the possibility of parole:
(A)
Rape involving forcible compulsion, §
5-14-103(a)(1)
;
(B)
Trafficking of persons, §
5-18-103
;
(C)
Engaging children in sexually explicit conduct for use in visual or print medium, §
5-27-303
;
(D)
Transportation of minors for prohibited sexual conduct, §
5-27-305
;
(E)
Producing, directing, or promoting a sexual performance by a child, §
5-27-403
; and
(F)
Computer exploitation of a child in the first degree, §
5-27-605
.
(d)
A defendant convicted of an offense other than a Class Y felony, capital murder, §
5-10-101
, treason, §
5-51-201
, murder in the second degree, §
5-10-103
, or a felony ineligible to receive earned release credits as defined in §
16-93-1802
, may be sentenced to any one (1) or more of the following, except as precluded by subsection (e) of this section:
(1)
Imprisonment as authorized by §§
5-4-401
-
5-4-404
;
(2)
Probation as authorized by §§
5-4-301
-
5-4-307
and
16-93-306
-
16-93-314
;
(3)
Payment of a fine as authorized by §§
5-4-201
and
5-4-202
;
(4)
Restitution as authorized by a provision of §
5-4-205
; or
(5)
Imprisonment and payment of a fine.
(e)
(1)
(A)
The court shall not suspend imposition of sentence as to a term of imprisonment nor place the defendant on probation for the following offenses:
(i)
Capital murder, §
5-10-101
;
(ii)
Treason, §
5-51-201
;
(iii)
A Class Y felony, except to the extent suspension of an additional term of imprisonment is permitted in subsection (c) of this section;
(iv)
Driving or boating while intoxicated, §
5-65-103
;
(v)
Murder in the second degree, §
5-10-103
, except to the extent suspension of an additional term of imprisonment is permitted in subsection (c) of this section;
(vi)
Engaging in a continuing criminal enterprise, §
5-64-405
;
(vii)
Furnishing a prohibited article, possessing a prohibited article, using a prohibited article, or delivering a prohibited article, §
5-54-119
; or
(viii)
A felony ineligible to receive earned release credits as defined in §
16-93-1802
.
(B)
(i)
In any other case, the court may suspend imposition of sentence or place the defendant on probation, in accordance with §§
5-4-301
-
5-4-307
and
16-93-306
-
16-93-314
, except as otherwise specifically prohibited by statute.
(ii)
The court may not suspend execution of sentence.
(2)
If the offense is punishable by fine and imprisonment, the court may sentence the defendant to pay a fine and suspend imposition of the sentence as to imprisonment or place the defendant on probation.
(3)
(A)
The court may sentence the defendant to a term of imprisonment and suspend imposition of sentence as to an additional term of imprisonment.
(B)
However, the court shall not sentence a defendant to imprisonment and place him or her on probation, except as authorized by §
5-4-304
.
(C)
This subdivision (e)(3) does not prohibit a period of post-release supervision as authorized in §
16-93-1801
et seq. and §
16-93-1901
et seq.
(f)
(1)
If the court determines that an offender under eighteen (18) years of age would be more amenable to a rehabilitation program of the Division of Youth Services and that he or she previously has not been committed to the Division of Youth Services on more than one (1) occasion, the court may sentence the offender under eighteen (18) years of age to the Division of Correction for a term of years, suspend the sentence, and commit him or her to the custody of the Division of Youth Services.
(2)
In a case under subdivision (f)(1) of this section, if the offender under eighteen (18) years of age completes the program of the Division of Youth Services satisfactorily, the Division of Youth Services shall return him or her to the sentencing court and provide the sentencing court with a written report of his or her progress and a recommendation that the offender under eighteen (18) years of age be placed on probation.
(3)
(A)
In the event that the offender under eighteen (18) years of age violates a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the Division of Youth Services may return him or her to the sentencing court with a written report of his or her conduct and a recommendation that the offender under eighteen (18) years of age be transferred to the Division of Correction.
(B)
If the court finds that the offender under eighteen (18) years of age has violated a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the court shall then revoke the suspension of the sentence originally imposed and commit the offender under eighteen (18) years of age to the Division of Correction.
(g)
This chapter does not deprive the court of any authority conferred by law to:
(1)
Order a forfeiture of property;
(2)
Suspend or cancel a license;
(3)
Dissolve a corporation;
(4)
Remove a person from office;
(5)
Cite for contempt;
(6)
Impose any civil penalty; or
(7)
Assess costs as set forth in subsection (h) of this section.
(h)
A defendant convicted of violating §
5-11-106
, in which a minor was unlawfully detained, restrained, taken, enticed, or kept, may be assessed and ordered to pay expenses incurred by a law enforcement agency, the Department of Human Services, or the lawful custodian in searching for or returning the minor to the lawful custodian.
Amended by Act 2023, No. 659,§ 5, eff. 1/1/2024.
Amended by Act 2021, No. 1102,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 648, eff. 7/1/2019.
Amended by Act 2017, No. 539,§ 3, eff. 3/20/2017.
Amended by Act 2015, No. 299,§ 1, eff. 7/22/2015.
Amended by Act 2013, No. 1490,§ 2, eff. 8/16/2013.
Acts 1975, No. 280, § 803; 1981, No. 620, § 7; 1983, No. 409, § 1; A.S.A. 1947, § 41-803; Acts 1987, No. 487, § 1; 1991, No. 608, §§ 1, 2; 1993, No. 192, § 1; 1993, No. 532, §§ 5, 9; 1993, No. 533, §§ 2, 3; 1993, No. 550, §§ 5, 9; 1993, No. 553, §§ 2, 3; 2001, No. 559, § 8; 2009, No. 748, § 3; 2011, No. 570, §§ 3, 4; 2011, No. 1120, §§ 1, 2.