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 38 - DAMAGE OR DESTRUCTION OF PROPERTY (§§ 5-38-101 — 5-38-312) › Subchapter 1 - GENERAL PROVISIONS (§ 5-38-101) › Section 5-38-101 - Definitions

As used in this chapter:
(1)
"Catastrophe" means:
(A)
Serious physical injury or death to five (5) or more persons; or
(B)
Substantial damage to five (5) or more occupiable structures or property loss in excess of five hundred thousand dollars ($500,000);
(2)
"Critical infrastructure" means any of the following facilities that are either completely enclosed by a fence or other physical barrier that is designed to exclude persons without permission to be in the facility or otherwise is clearly marked with signs that are reasonably likely to be seen by another person that indicate entry or unauthorized access is forbidden without facility authorization:
(A)
A chemical or rubber manufacturing facility;
(B)
A water intake structure, water treatment facility, wastewater facility, drainage facility, water management facility, or any similar water or sewage treatment system and the water or sewage treatment system's piping;
(C)
A food processing or manufacturing facility;
(D)
A natural gas company facility, an underground gas storage facility, or interstate natural gas pipeline, including without limitation:
(i)
A pipeline interconnection;
(ii)
A natural gas compressor station and associated facility;
(iii)
A city gate or town border station;
(iv)
A metering station;
(v)
Aboveground piping;
(vi)
A regulator station;
(vii)
A valve site;
(viii)
A delivery station; and
(ix)
Fabricated assembly and any part of a natural gas storage facility involved in the gathering, storage, transmission, or distribution of gas;
(E)
Wireline or wireless telecommunications infrastructure, including telecommunications towers, telephone poles, telephone lines, and fiber optic lines;
(F)
A port, trucking terminal, or other freight transportation facility;
(G)
A gas processing plant, including a gas processing plant used in the processing, treatment, or fractionation of natural gas or natural gas liquids;
(H)
A crude oil or refined products storage and distribution facility, including without limitation:
(i)
A valve site;
(ii)
A pipeline interconnection;
(iii)
A pump station;
(iv)
A metering station;
(v)
A belowground or aboveground pipeline or piping;
(vi)
A truck loading or off-loading facility; and
(vii)
An aboveground portion of a well, well pad, or production operation;
(I)
A laydown area or construction site for pipe and other equipment intended for use on an interstate or intrastate natural gas or crude oil pipeline;
(J)
A portion of an oil, gas, hazardous liquid, or chemical pipeline, tank, or other storage facility that is aboveground;
(K)
A video service network and broadband infrastructure, including without limitation:
(i)
Associated buildings and facilities;
(ii)
Video service headends, towers, utility poles, and utility lines; and
(iii)
Fiber optic lines;
(L)
A mining operation, including any processing equipment, batching operation, or support facility for that mining operation;
(M)
A facility installed in a public right-of-way on a utility pole or in a conduit that is aboveground and concerns a video service network or broadband or wireless telecommunications infrastructure;
(N)
Railroad property; and
(O)
Property owned by and considered an electronic asset of any of the following:
(i)
An electric utility;
(ii)
An electric cooperative;
(iii)
A municipal electric utility;
(iv)
A natural gas company that is a public utility;
(v)
A telephone company that is a public utility; or
(vi)
A video service provider, including a cable operator;
(3)
"Electronic asset" means:
(A)
The hardware, software, and data of a programmable electronic device;
(B)
All communications, operations, and customer data networks; and
(C)
The contents of customer data networks;
(4)
(A)
"Occupiable structure" means a vehicle, building, or other structure:
(i)
In which any person lives or carries on a business or other calling;
(ii)
In which people assemble for a purpose of business, government, education, religion, entertainment, or public transportation; or
(iii)
That is customarily used for overnight accommodation of a person, whether or not a person is actually present.
(B)
"Occupiable structure" includes each unit of an occupiable structure divided into a separately occupied unit;
(5)
"Property" means real property or tangible or intangible personal property, including money or any paper or document that represents or embodies anything of value;
(6)
"Property of another person" means any property in which any person or government other than the actor has a possessory or proprietary interest; and
(7)
"Vital public facility" means a facility maintained for use for:
(A)
Public communication, transportation, or supply of water, gas, or power;
(B)
Law enforcement;
(C)
Fire protection;
(D)
Civil or national defense; or
(E)
Other public service.
Amended by Act 2023, No. 419,§ 1, eff. 8/1/2023.
Amended by Act 2021, No. 712,§ 1, eff. 7/28/2021.
Acts 1975, No. 280, § 1901; A.S.A. 1947, § 41-1901; Acts 2003, No. 1342, § 1.