A.C.A. T. 5, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.

A.C.A. § 5-1-101

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 1. General Provisions

§ 5-1-101. Title, Code

This act shall be known as the “Arkansas Criminal Code”.

CREDIT(S)

Acts of 1975, Act 280, § 101.

Formerly A.S.A. 1947, § 41-101.

A.C.A. § 5-1-102

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 1. General Provisions

§ 5-1-102. Definitions

As used in the Arkansas Criminal Code:

(1) “Act” or “action” means the same as defined in § 5-2-201;

(2) “Actor” includes, when appropriate, a person who possesses something or who omits to act;

(3) “Conduct” means the same as defined in § 5-2-201;

(4) “Deadly weapon” means:

(A) A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious physical injury; or

(B) Anything that in the manner of its use or intended use is capable of causing death or serious physical injury;

(5) “Element of the offense” means the conduct, the attendant circumstances, or the result of conduct that:

(A) Is specified in the definition of the offense;

(B) Establishes the kind of culpable mental state required for commission of the offense; or

(6)(A) “Firearm” means any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use.

(B) “Firearm” includes:

(i) A device described in subdivision (6)(A) of this section that is not loaded or lacks a clip or another component to render it immediately operable; and

(ii) Components that can readily be assembled into a device described in subdivision (6)(A) of this section;

(7) “Included offense” means the same as defined in § 5-1-110(b);

(8)(A) “Knowingly” or an equivalent term such as “knowing”, “with knowledge”, “willful”, or “willfully” means the same as “knowingly” defined in § 5-2-202.

(B) However, if the statute clearly indicates a legislative intent to require a culpable mental state of “purposely”, “willful” or “willfully” means the same as “purposely” defined in § 5-2-202;

(9) “Law” includes a statute or court decision;

(10) “Law enforcement officer” means any public servant vested by law with a duty to maintain public order or to make an arrest for an offense;

(11) “Negligently” or an equivalent term such as “negligence” or “with negligence” means the same as defined in § 5-2-202;

(12) “Omission” or “omit to act” means the same as defined in § 5-2-201;

(13)(A) “Person”, “actor”, “defendant”, “he”, “she”, “her”, or “him” includes:

(i) Any natural person; and

(ii) When appropriate, an “organization” as defined in § 5-2-501.

(B)(i)(a) As used in §§ 5-10-101--5-10-105, “person” also includes an unborn child in utero at any stage of development.

(b) “Unborn child” means a living fetus of twelve (12) weeks or greater gestation.

(ii) This subdivision (13)(B) does not apply to:

(a) An act that causes the death of an unborn child in utero if the act was committed during a legal abortion to which the woman consented;

(b) An act that is committed pursuant to a usual and customary standard of medical practice during diagnostic testing or therapeutic treatment; or

(c) An act that is committed in the course of medical research, experimental medicine, or an act deemed necessary to save the life or preserve the health of the woman.

(iii) Nothing in this subdivision (13)(B) shall be construed to allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero;

(14) “Physical injury” means the:

(A) Impairment of physical condition;

(B) Infliction of substantial pain; or

(15) “Possess” means to exercise actual dominion, control, or management over a tangible object;

(16) “Public servant” means any:

(A) Officer or employee of this state or of any political subdivision of this state;

(B) Person exercising a function of any officer or employee of this state or any political subdivision of this state;

(C)(i) Person acting as an adviser, consultant, or otherwise in performing any governmental function.

(ii) However, this subdivision (16)(C) does not include a witness; or

(D) Person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position;

(17) “Purposely” or an equivalent term such as “purpose”, “with purpose”, “intentional”, “intentionally”, “intended”, or “with intent to” means the same as ”purposely” as defined in § 5-2-202;

(18) “Reasonably believes” or “reasonable belief” means a belief:

(A) That an ordinary and prudent person would form under the circumstances in question; and

(B) Not recklessly or negligently formed;

(19) “Sawed-off or short-barreled rifle” means:

(A) A rifle having one (1) or more barrels less than sixteen inches (16") in length; or

(B) Any weapon made from a rifle, whether by alteration, modification, or otherwise, if the weapon, as modified, has an overall length of less than twenty-six inches (26");

(20) “Sawed-off or short-barreled shotgun” means:

(A) A shotgun having one (1) or more barrels less than eighteen inches (18") in length; or

(B) Any weapon made from a shotgun, whether by alteration, modification, or otherwise, if the weapon, as modified, has an overall length of less than twenty-six inches (26");

(21) “Serious physical injury” means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ; and

(22) “Statute” includes the Arkansas Constitution and any statute of this state, any ordinance of a political subdivision of this state, and any rule or regulation lawfully adopted by an agency of this state.

CREDIT(S)

Acts of 1975, Act 280, § 115; Acts of 1994, 2nd Ex. Sess., Act 45, § 2, eff. Aug. 25, 1994; Acts of 1999, Act 1273, §§ 1 to 3, eff. July 30, 1999; Acts of 1999, Act 1476, § 1, eff. July 30, 1999; Acts of 2005, Act 1994, § 442, eff. Aug. 12, 2005; Acts of 2007, Act 827, § 11, eff. July 31, 2007.

Formerly A.S.A. 1947, § 41-115.

A.C.A. § 5-1-103

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 1. General Provisions

§ 5-1-103. Offenses, applicability to

(a) The provisions of the Arkansas Criminal Code govern a prosecution for any offense defined by the Arkansas Criminal Code and committed after January 1, 1976.

(b) Unless otherwise expressly provided, the provisions of the Arkansas Criminal Code govern a prosecution for any offense defined by a statute not part of the Arkansas Criminal Code and committed after January 1, 1976.

(c)(1) The provisions of the Arkansas Criminal Code do not apply to the prosecution for any offense committed prior to January 1, 1976.

(2) An offense committed prior to January 1, 1976, shall be construed and punished in accordance with the law existing at the time of the commission of the offense.

(d)(1) A defendant in a criminal prosecution for an offense committed prior to January 1, 1976, may elect to have the construction and application of any defense to the prosecution governed by the provisions of the Arkansas Criminal Code.

(2)(A) An election under subdivision (d)(1) of this section shall be made by motion to the court that is to conduct the trial.

(B)(i) The motion shall be timely filed but not later than ten (10) days before the date set for the trial of the case.

(ii) However, the court for a good cause shown may entertain the motion at a later time.

(e) When all or part of a statute defining a criminal offense is amended or repealed, the statute or part of the statute that is amended or repealed remains in force for the purpose of authorizing the prosecution, conviction, and punishment of a person committing an offense under the statute or part of the statute prior to the effective date of the amending or repealing act.

CREDIT(S)

Acts of 1975, Act 280, § 102.

Formerly A.S.A. 1947, § 41-102.

A.C.A. § 5-1-104

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 1. General Provisions

§ 5-1-104. Extraterritorial jurisdiction

(a) A person may be convicted under a law of this state of an offense committed by his or her own or another person's conduct for which he or she is legally accountable if:

(1) Either the conduct or a result that is an element of the offense occurs within this state;

(2) Conduct occurring outside this state constitutes an attempt to commit an offense within this state;

(3) Conduct occurring outside this state constitutes a conspiracy to commit an offense within this state and an overt act in furtherance of the conspiracy occurs within this state;

(4) Conduct occurring within this state establishes complicity in the commission of, or an attempt, solicitation, or conspiracy to commit, an offense in another jurisdiction that is also an offense under the law of this state;

(5) The offense consists of the omission to perform a legal duty imposed by a law of this state based on domicile, residence, or a relationship to a person, thing, or transaction in the state; or

(6) The offense is defined by a statute of this state that expressly prohibits conduct outside the state and the conduct bears a reasonable relation to a legitimate interest of this state and the person knows or should know that his or her conduct is likely to affect that legitimate interest of this state.

(b) When the offense is homicide, either the death of the victim or the physical contact causing death constitutes a “result” within the meaning of subdivision (a)(1) of this section.

CREDIT(S)

Acts of 1975, Act 280, § 103.

Formerly A.S.A. 1947, § 41-103.

A.C.A. § 5-1-105

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 1. General Provisions

§ 5-1-105. Offenses; court limitations

(a) An offense is conduct for which a sentence to a term of imprisonment or fine or both is authorized by statute.

(b) An offense is classified as follows:

(1) Felony;

(2) Misdemeanor; or

(3) Violation.

(c) Nothing in the Arkansas Criminal Code shall be construed to limit the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order, judgment, or decree.

CREDIT(S)

Acts of 1975, Act 280, § 111.

Formerly A.S.A. 1947, § 41-111.

A.C.A. § 5-1-106

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 1. General Provisions

§ 5-1-106. Felonies, designation

(a) An offense is a felony if the offense is designated a felony by:

(1) The Arkansas Criminal Code; or

(2) A statute not a part of the Arkansas Criminal Code.

(b) A felony is classified as follows:

(1) Class Y felony;

(2) Class A felony;

(3) Class B felony;

(4) Class C felony; or

(5) Class D felony.

(c)(1) Any felony defined by a statute not a part of the Arkansas Criminal Code that does not specify the class of the felony or prescribe a limitation on a sentence to imprisonment upon conviction of the felony is a Class D felony.

(2) Any felony defined by a statute not a part of the Arkansas Criminal Code that does prescribe a limitation on a sentence to imprisonment upon conviction of the felony is an unclassified felony.

CREDIT(S)

Acts of 1975, Act 280, § 112; Acts of 1981, Act 620, § 2.

Formerly A.S.A. 1947, § 41-112.

A.C.A. § 5-1-107

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 1. General Provisions

§ 5-1-107. Misdemeanors, designation

(a) An offense is a misdemeanor if the offense is:

(1) Designated a misdemeanor by the Arkansas Criminal Code;

(2) Designated a misdemeanor by a statute not a part of the Arkansas Criminal Code, except as provided in § 5-1-108; or

(3) Not designated a felony and a sentence to imprisonment is authorized upon conviction.

(b) A misdemeanor is classified as follows:

(1) Class A misdemeanor;

(2) Class B misdemeanor; or

(3) Class C misdemeanor.

(c)(1) Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does not specify the class of the misdemeanor or prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is a Class A misdemeanor.

(2) Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is an unclassified misdemeanor.

CREDIT(S)

Acts of 1975, Act 280, § 113.

Formerly A.S.A. 1947, § 41-113.

A.C.A. § 5-1-108

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 1. General Provisions

§ 5-1-108. Violations, designation

(a) An offense is a violation if the offense is designated a violation by:

(1) The Arkansas Criminal Code; or

(2) A statute not a part of the Arkansas Criminal Code.

(b) Regardless of any designation appearing in the statute defining an offense, an offense is a violation for purposes of the Arkansas Criminal Code if the statute defining the offense provides that no sentence other than a fine, fine or forfeiture, or civil penalty is authorized upon conviction.

CREDIT(S)

Acts of 1975, Act 280, § 114.

Formerly A.S.A. 1947, § 41-114.

A.C.A. § 5-1-109

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 1. General Provisions

§ 5-1-109. Statute of limitations

(a)(1) A prosecution for murder may be commenced at any time.

(2) A prosecution may be commenced for a violation of the following offenses, if, when the alleged violation occurred, the offense was committed against a minor, the violation has not been previously reported to a law enforcement agency or prosecuting attorney, and the victim has not reached the age of twenty-eight (28) years of age:

(A) Rape, § 5-14-103;

(B) Sexual assault in the first degree, § 5-14-124;

(D) Sexual assault in the third degree, § 5-14-126;

(E) Sexual assault in the fourth degree, § 5-14-127;

(F) Incest, § 5-26-202;

(G) Endangering the welfare of a minor in the first degree, § 5-27-205;

(H) Permitting abuse of a minor, § 5-27-221;

(I) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303;

(J) Transportation of minors for prohibited sexual conduct, § 5-27-305;

(K) Employing or consenting to the use of a child in a sexual performance, § 5-27-402;

(L) Producing, directing, or promoting a sexual performance by a child, § 5-27-403;

(M) Computer child pornography, § 5-27-603; and

(N) Computer exploitation of a child in the first degree, § 5-27-605.

(b) Except as otherwise provided in this section, a prosecution for another offense shall be commenced within the following periods of limitation after the offense's commission:

(1)(A) Class Y felony or Class A felony, six (6) years.

(B) However, for rape, § 5-14-103, the period of limitation is eliminated if biological evidence of the alleged perpetrator is identified that is capable of producing a deoxyribonucleic acid (DNA) profile;

(2) Class B felony, Class C felony, Class D felony, or an unclassified felony, three (3) years;

(3) Misdemeanor or violation, one (1) year; and

(4) Municipal ordinance violation, one (1) year unless a different period of time not to exceed three (3) years is set by ordinance of the municipal government.

(c) If the period prescribed in subsection (b) of this section has expired, a prosecution may nevertheless be commenced for:

(1) Any offense involving either fraud or breach of a fiduciary obligation, within one (1) year after the offense is discovered or should reasonably have been discovered by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense; and

(2)(A) Any offense that is concealed involving felonious conduct in office by a public servant at any time within five (5) years after he or she leaves public office or employment or within five (5) years after the offense is discovered or should reasonably have been discovered, whichever is sooner.

(B) However, in no event does this subdivision (c)(2) extend the period of limitation by more than ten (10) years after the commission of the offense.

(d) A defendant may be convicted of any offense included in the offense charged, notwithstanding that the period of limitation has expired for the included offense, if as to the offense charged the period of limitation has not expired or there is no period of limitation, and there is sufficient evidence to sustain a conviction for the offense charged.

(e)(1) For the purposes of this section, an offense is committed either when:

(A) Every element occurs; or

(B) If a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time the course of conduct or the defendant's complicity in the course of conduct is terminated.

(2) Time starts to run on the day after the offense is committed.

(f) A prosecution is commenced when an arrest warrant or other process is issued based on an indictment, information, or other charging instrument if the arrest warrant or other process is sought to be executed without unreasonable delay.

(g) The period of limitation does not run:

(1)(A) During any time when the accused is continually absent from the state or has no reasonably ascertainable place of abode or work within the state.

(B) However, in no event does this subdivision (g)(1) extend the period of limitation otherwise applicable by more than three (3) years; or

(2) During any period when a prosecution against the accused for the same conduct is pending in this state.

(h) If the period prescribed in subsection (b) of this section has expired, a prosecution may nevertheless be commenced for a violation of the following offenses if, when the alleged violation occurred, the offense was committed against a minor, the violation has not previously been reported to a law enforcement agency or prosecuting attorney, and the period prescribed in subsection (b) of this section has not expired since the victim has reached eighteen (18) years of age:

(1) Battery in the first degree, § 5-13-201;

(2) Battery in the second degree, § 5-13-202;

(3) Aggravated assault, § 5-13-204;

(4) Terroristic threatening in the first degree, § 5-13-301;

(5) Kidnapping, § 5-11-102;

(6) False imprisonment in the first degree, § 5-11-103;

(7) Permanent detention or restraint, § 5-11-106; and

(8) Criminal attempt, criminal solicitation, or criminal conspiracy to commit any offense listed in this subsection, §§ 5-3-201, 5-3-202, 5-3-301, and 5-3-401.

(i) If there is biological evidence connecting a person with the commission of an offense and that person's identity is unknown, the prosecution is commenced if an indictment or information is filed against the unknown person and the indictment contains the genetic information of the unknown person and the genetic information is accepted to be likely to be applicable only to the unknown person.

(j) When deoxyribonucleic acid (DNA) testing implicates a person previously identified through a search of the State DNA Data Base or National DNA Index System, a statute of limitation shall not preclude prosecution of the offense.

CREDIT(S)

Acts of 1975, Act 280, § 104; Acts of 1981, Act 620, § 1; Acts of 1987, Act 484, § 1; Acts of 1987, Act 586, § 1; Acts of 2001, Act 920, eff. Aug. 13, 2001; Acts of 2001, Act 1780, § 2, eff. Aug. 13, 2001; Acts of 2003, Act 1087, § 8, eff. July 16, 2003; Acts of 2003, Act 1390, § 1, eff. July 16, 2003; Acts of 2005, Act 2250, § 1, eff. Aug. 12, 2005; Acts of 2009, Act 1444, § 1, eff. July 31, 2009; Acts of 2011, Act 698, § 1, eff. July 27, 2011; Acts of 2011, Act 1127, §§ 1, 2, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-104.

A.C.A. § 5-1-110

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 1. General Provisions

§ 5-1-110. Multiple offense prosecutions

(a) When the same conduct of a defendant may establish the commission of more than one (1) offense, the defendant may be prosecuted for each such offense. However, the defendant may not be convicted of more than one (1) offense if:

(1) One (1) offense is included in the other offense, as defined in subsection (b) of this section;

(2) One (1) offense consists only of a conspiracy, solicitation, or attempt to commit the other offense;

(3) Inconsistent findings of fact are required to establish the commission of the offenses;

(4) The offenses differ only in that one (1) offense is defined to prohibit a designated kind of conduct generally and the other offense to prohibit a specific instance of that conduct; or

(5) The conduct constitutes an offense defined as a continuing course of conduct and the defendant's course of conduct was uninterrupted, unless the law provides that a specific period of the course of conduct constitutes a separate offense.

(b) A defendant may be convicted of one (1) offense included in another offense with which he or she is charged. An offense is included in an offense charged if the offense:

(1) Is established by proof of the same or less than all of the elements required to establish the commission of the offense charged;

(2) Consists of an attempt to commit the offense charged or to commit an offense otherwise included within the offense charged; or

(3) Differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a lesser kind of culpable mental state suffices to establish the offense's commission.

(c) The court is not obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting him or her of the included offense.

(d)(1) Notwithstanding any provision of law to the contrary, a separate conviction and sentence are authorized for:

(A) Capital murder, § 5-10-101, and any felony utilized as an underlying felony for the capital murder;

(B) Criminal attempt to commit capital murder, §§ 5-3-201 and 5-10-101, and any felony utilized as an underlying felony for the attempted capital murder;

(C) Murder in the first degree, § 5-10-102, and any felony utilized as an underlying felony for the murder in the first degree;

(D) Criminal attempt to commit murder in the first degree, §§ 5-3-201 and 5-10-102, and any felony utilized as an underlying felony for the attempted murder in the first degree; and

(E) Continuing criminal enterprise, § 5-64-405, and any predicate felony utilized to prove the continuing criminal enterprise.

(2) Pursuant to § 5-4-403, with respect to any offense mentioned in subdivision (d)(1) of this section, the trial judge may order that the multiple terms of imprisonment run concurrently or consecutively.

CREDIT(S)

Acts of 1975, Act 280, § 105; Acts of 1995, Act 657, § 2; Acts of 2007, Act 670, § 1, eff. July 31, 2007; Acts of 2009, Act 748, § 1, eff. July 31, 2009.

Formerly A.S.A. 1947, § 41-105.

A.C.A. § 5-1-111

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 1. General Provisions

§ 5-1-111. Affirmative defenses; presumptions; burden of proof

(a) Except as provided in subsections (b), (c), and (d) of this section, no person may be convicted of an offense unless the following are proved beyond a reasonable doubt:

(1) Each element of the offense;

(2) Jurisdiction;

(3) Venue; and

(4) The commission of the offense within the time period specified in § 5-1-109.

(b) The state is not required to prove jurisdiction or venue unless evidence is admitted that affirmatively shows that the court lacks jurisdiction or venue.

(c)(1) The issue of the existence of a defense does not need to be submitted to the jury unless evidence is admitted supporting the defense.

(2) If the issue of the existence of a defense is submitted to the jury, the court shall charge that any reasonable doubt on the issue requires that the defendant be acquitted.

(3) A “defense” is any matter:

(A) Designated a defense by a section of the Arkansas Criminal Code;

(B) Designated a defense by a statute not a part of the Arkansas Criminal Code; or

(C) Involving an excuse or justification peculiarly within the knowledge of the defendant on which he or she can fairly be required to introduce supporting evidence.

(d)(1) The defendant shall prove an affirmative defense by a preponderance of the evidence.

(2) An “affirmative defense” is any matter designated an affirmative defense by a:

(A) Section of the Arkansas Criminal Code; or

(B) Statute not a part of the Arkansas Criminal Code.

(e) When the Arkansas Criminal Code or a statute not a part of the Arkansas Criminal Code provides that proof of a particular fact gives rise to a presumption as to the existence of a fact that is an element of the offense, the provision has the following consequences:

(1) If there is evidence of the fact giving rise to the presumption, the issue as to the existence of the presumed fact shall be submitted to the jury unless the court determines that the evidence as a whole precludes a finding beyond a reasonable doubt of the presumed fact; and

(2)(A) If the issue as to the existence of the presumed fact is submitted to the jury, the court shall charge that evidence of the fact giving rise to the presumption is for the jury's consideration under all the circumstances of the case and to be weighed in determining the issue.

(B) However, the evidence of the fact giving rise to the presumption alone does not impose a duty of finding the presumed fact, even if the evidence is unrebutted.

CREDIT(S)

Acts of 1975, Act 280, § 110.

Formerly A.S.A. 1947, § 41-110.

A.C.A. § 5-1-112

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 1. General Provisions

§ 5-1-112. Double jeopardy

A former prosecution is an affirmative defense to a subsequent prosecution for the same offense under any of the following circumstances:

(1)(A) The former prosecution resulted in an acquittal.

(B)(i) There is an acquittal if the former prosecution resulted in a determination of not guilty.

(ii) A determination of guilt of a lesser included offense is an acquittal of the greater inclusive offense although the conviction is subsequently set aside;

(2)(A) The former prosecution resulted in a conviction.

(B) There is a conviction if the former prosecution resulted in a:

(i) Judgment of conviction that has not been reversed or vacated;

(ii) Verdict of guilty that has not been set aside and that is capable of supporting a judgment; or

(iii) Plea of guilty or nolo contendere accepted by the court; or

(3) The former prosecution was terminated without the express or implied consent of the defendant after the jury was sworn or, if trial was before the court, after the first witness was sworn, unless the termination was justified by overruling necessity.

CREDIT(S)

Acts of 1975, Act 280, § 106.

Formerly A.S.A. 1947, § 41-106.

A.C.A. § 5-1-113

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 1. General Provisions

§ 5-1-113. Former prosecution, different offense

A former prosecution is an affirmative defense to a subsequent prosecution for a different offense under the following circumstances:

(1) The former prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112, and the subsequent prosecution is for:

(A) Any offense of which the defendant could have been convicted in the first prosecution; or

(B) An offense based on the same conduct, unless:

(i) The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or

(ii) The second offense was not consummated when the former trial began;

(2) The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and that necessarily required a determination inconsistent with a fact that must be established for conviction of the second offense; or

(3) The former prosecution was terminated under the circumstances described in § 5-1-112 and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been terminated.

CREDIT(S)

Acts of 1975, Act 280, § 107.

Formerly A.S.A. 1947, § 41-107.

A.C.A. § 5-1-114

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 1. General Provisions

§ 5-1-114. Former prosecutions, other jurisdictions

When conduct constitutes an offense within the concurrent jurisdiction of this state and of the United States or another state or territory of the United States, a prosecution in any such other jurisdiction is an affirmative defense to a subsequent prosecution in this state under the following circumstances:

(1) The first prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112, and the subsequent prosecution is based on the same conduct unless:

(A) The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or

(B) The second offense was not consummated when the former trial began; or

(2) The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and that required a determination inconsistent with a fact that must be established for the conviction of the offense for which the defendant is subsequently prosecuted.

CREDIT(S)

Acts of 1975, Act 280, § 108.

Formerly A.S.A. 1947, § 41-108.

A.C.A. § 5-1-115

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 1. General Provisions

§ 5-1-115. Former prosecutions, exceptions

A former prosecution is not an affirmative defense within the meaning of §§ 5-1-112--5-1-114 under any of the following circumstances:

(1) The former prosecution was before a court that lacked jurisdiction over the defendant or the offense;

(2) The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting official or aggrieved party and with the purpose of avoiding the sentence that might otherwise be imposed; or

(3) The former prosecution resulted in a judgment of conviction that was held invalid in a subsequent proceeding on a writ of habeas corpus, coram nobis, or similar process.

CREDIT(S)

Acts of 1975, Act 280, § 109.

Formerly A.S.A. 1947, § 41-109.

A.C.A. § 5-1-116

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 1. General Provisions

§ 5-1-116. Repealed by Acts of 1989, Act 273, § 47

CREDIT(S)

Acts of 1989, Act 273, § 47.

Formerly A.S.A. 1947, § 41-617; Acts of 1975, Act 280, § 617; Acts of 1979, Act 815, § 11; Acts of 1981, Act 793, § 1; Acts of 1983, Act 904, § 1.

A.C.A. § 5-1-117

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 1. General Provisions

§§ 5-1-117 to 5-1-124. Reserved

A.C.A. § 5-1-124

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 1. General Provisions

§§ 5-1-117 to 5-1-124. Reserved

A.C.A. § 5-1-125

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 1. General Provisions

§ 5-1-125. Repealed by Acts of 2005, Act 1994, § 535, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, § 535, eff. Aug. 12, 2005.

Formerly Rev. Stat., c. 45, § 264; C. & M. Dig., § 1086; Pope's Dig., §§ 1294, 1297; A.S.A. 1947, § 41-151.

A.C.A. T. 5, Subt. 1, Ch. 2, Subch. 1, Reserved

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 1. General Provisions Reserved

A.C.A. § 5-2-201

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 2. Culpability

§ 5-2-201. Culpability, definitions

As used in the Arkansas Criminal Code:

(1) “Act” means a bodily movement and includes speech and the conscious possession or control of property;

(2) “Act” as a verb means either to perform an act or to omit to perform an act;

(3) “Conduct” means an act or omission and its accompanying mental state; and

(4) “Omission” means a failure to perform an act and the performance of the act is required by law.

CREDIT(S)

Acts of 1975, Act 280, § 201.

Formerly A.S.A. 1947, § 41-201.

A.C.A. § 5-2-202

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 2. Culpability

§ 5-2-202. Mental states, definitions

As used in the Arkansas Criminal Code, there are four (4) kinds of culpable mental states that are defined as follows:

(1) “PURPOSELY.” A person acts purposely with respect to his or her conduct or a result of his or her conduct when it is the person's conscious object to engage in conduct of that nature or to cause the result;

(2) “KNOWINGLY.” A person acts knowingly with respect to:

(A) The person's conduct or the attendant circumstances when he or she is aware that his or her conduct is of that nature or that the attendant circumstances exist; or

(B) A result of the person's conduct when he or she is aware that it is practically certain that his or her conduct will cause the result;

(3) “RECKLESSLY.”

(A) A person acts recklessly with respect to attendant circumstances or a result of his or her conduct when the person consciously disregards a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur.

(B) The risk must be of a nature and degree that disregard of the risk constitutes a gross deviation from the standard of care that a reasonable person would observe in the actor's situation; and

(4) “NEGLIGENTLY.”

(A) A person acts negligently with respect to attendant circumstances or a result of his or her conduct when the person should be aware of a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur.

(B) The risk must be of such a nature and degree that the actor's failure to perceive the risk involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation considering the nature and purpose of the actor's conduct and the circumstances known to the actor.

CREDIT(S)

Acts of 1975, Act 280, § 203.

Formerly A.S.A. 1947, § 41-203.

A.C.A. § 5-2-203

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 2. Culpability

§ 5-2-203. Statute interpretation, culpability

(a) If a statute defining an offense prescribes a culpable mental state and does not clearly indicate that the culpable mental state applies to less than all of the elements of the offense, the prescribed culpable mental state applies to each element of the offense.

(b) Except as provided in §§ 5-2-204(b) and (c), if the statute defining an offense does not prescribe a culpable mental state a culpable mental state is nonetheless required and is established only if a person acts purposely, knowingly, or recklessly.

(c)(1) When a statute defining an offense provides that acting negligently suffices to establish an element of that offense, the element also is established if a person acts purposely, knowingly, or recklessly.

(2) When acting recklessly suffices to establish an element, the element also is established if a person acts purposely or knowingly.

(3) When acting knowingly suffices to establish an element, the element also is established if a person acts purposely.

(d) Knowledge that conduct constitutes an offense or knowledge of the existence, meaning, or application of the statute defining an offense is not an element of an offense unless the statute clearly so provides.

CREDIT(S)

Acts of 1975, Act 280, § 204.

Formerly A.S.A. 1947, § 41-204.

A.C.A. § 5-2-204

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 2. Culpability

§ 5-2-204. Culpability, elements, exceptions

(a) A person does not commit an offense unless his or her liability is based on conduct that includes a voluntary act or the omission to perform an act that he or she is physically capable of performing.

(b) A person does not commit an offense unless he or she acts with a culpable mental state with respect to each element of the offense that requires a culpable mental state.

(1) The offense is a violation unless a culpable mental state is expressly included in the definition of the offense; or

(2) An offense defined by a statute not a part of the Arkansas Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any element of the offense.

CREDIT(S)

Acts of 1975, Act 280, § 202.

Formerly A.S.A. 1947, § 41-202.

A.C.A. § 5-2-205

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 2. Culpability

§ 5-2-205. Causation

Causation may be found when the result would not have occurred but for the conduct of the defendant operating either alone or concurrently with another cause unless:

(1) The concurrent cause was clearly sufficient to produce the result; and

(2) The conduct of the defendant was clearly insufficient to produce the result.

CREDIT(S)

Acts of 1975, Act 280, § 205.

Formerly A.S.A. 1947, § 41-205.

A.C.A. § 5-2-206

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 2. Culpability

§ 5-2-206. Mistaken belief, ignorance

(a) It is a defense to a prosecution that the actor engaged in the conduct charged to constitute the offense under a mistaken belief of fact if:

(1) The statute defining the offense or a statute relating to the offense expressly provides that a mistaken belief of fact constitutes a defense; or

(2) Mistaken belief of fact establishes a defense of justification provided by § 5-2-601 et seq.

(b) Except as provided by subsection (c) of this section, a person is not relieved of criminal liability for conduct because he or she engages in that conduct believing that the conduct does not as a matter of law constitute an offense.

(c) It is an affirmative defense to a prosecution that the actor engaged in the conduct charged to constitute the offense believing that the conduct did not as a matter of law constitute an offense, if the actor acted in reasonable reliance upon an official statement of the law contained in:

(1) A statute or other enactment afterward determined to be invalid or erroneous;

(2) The latest judicial decision of the highest state or federal court that has decided the matter; or

(3) An official interpretation of a public servant or agency charged by law with responsibility for the interpretation or administration of the law defining the offense.

(d)(1) Although ignorance or mistake of fact would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as he or she supposed.

(2) However, in a case described by subdivision (d)(1) of this section the ignorance or mistake of fact of the defendant reduces the class or degree of the offense of which he or she may be convicted to that of the offense of which the defendant would be guilty had the situation been as he or she supposed.

(e) A mistake of law other than as to the existence or meaning of the statute under which the defendant is prosecuted is relevant to disprove the specific culpable mental state required by the statute under which the defendant is prosecuted.

CREDIT(S)

Acts of 1975, Act 280, § 206.

Formerly A.S.A. 1947, § 41-206.

A.C.A. § 5-2-207

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 2. Culpability

§ 5-2-207. Intoxication as defense

(a) Intoxication that is not self-induced intoxication is an affirmative defense to a prosecution if at the time a person engages in the conduct charged to constitute the offense the person lacks capacity to:

(1) Conform his or her conduct to the requirements of the law; or

(2) Appreciate the criminality of his or her conduct.

(b) As used in this section:

(1) “Intoxication” means a disturbance of a mental or physical capacity resulting from the introduction of alcohol, a drug, or another substance into the body; and

(2) “Self-induced intoxication” means intoxication caused by a substance that the actor knowingly introduces into his or her body and the actor knows or ought to know the tendency of the substance to cause intoxication.

CREDIT(S)

Acts of 1975, Act 280, § 207; Acts of 1977, Act 101, § 1.

Formerly A.S.A. 1947, § 41-207.

A.C.A. § 5-2-208

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 2. Culpability

§ 5-2-208. Compulsion and duress

(a) It is an affirmative defense to a prosecution that the actor engaged in the conduct charged to constitute an offense because the actor reasonably believed he or she was compelled to engage in the conduct by the threat or use of unlawful force against the actor's person or the person of another that a person of ordinary firmness in the actor's situation would not have resisted.

(b) The affirmative defense provided by this section is unavailable if the actor recklessly placed himself or herself in a situation in which it was reasonably foreseeable that the actor would be subjected to the force or threatened force described in subsection (a) of this section.

CREDIT(S)

Acts of 1975, Act 280, § 208.

Formerly A.S.A. 1947, § 41-208.

A.C.A. § 5-2-209

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 2. Culpability

§ 5-2-209. Entrapment

(a) It is an affirmative defense that the defendant was entrapped into committing an offense.

(b)(1) Entrapment occurs when a law enforcement officer or any person acting in cooperation with a law enforcement officer induces the commission of an offense by using persuasion or other means likely to cause a normally law-abiding person to commit the offense.

(2) Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.

CREDIT(S)

Acts of 1975, Act 280, § 209.

Formerly A.S.A. 1947, § 41-209.

A.C.A. § 5-2-301

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§ 5-2-301. Definitions

As used in this subchapter:

(1) “Appropriate facility” means any facility within or without this state to which a defendant is eligible for admission and treatment for mental disease or defect;

(2) “Capacity of the defendant to have the culpable mental state” means a defendant's ability to have the culpable mental state necessary to establish an element of the offense charged, as defined in § 5-2-202;

(3) “Compliance monitor” means either a social service representative or licensed social worker, or both, employed by the Department of Human Services for the purpose of, including, but not limited to:

(A) Verifying that a person conditionally released pursuant to a provision of this subchapter is in compliance with the conditions for release;

(B) Providing social service assistance to a person conditionally released pursuant to a provision of this subchapter; and

(C) Reporting compliance with the conditions for release or lack of compliance with the conditions for release to the appropriate circuit court;

(4) “Designated receiving facility or program” means an inpatient or outpatient treatment facility or program that is designated within each geographic area of the state by the Director of the Division of Behavioral Health of the Department of Human Services to accept the responsibility for the care, custody, and treatment of a person involuntarily admitted to the state mental health system;

(5)(A) “Mental disease or defect” means a:

(i) Substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life;

(ii) State of significantly subaverage general intellectual functioning existing concurrently with a defect of adaptive behavior that developed during the developmental period; or

(iii) Significant impairment in cognitive functioning acquired as a direct consequence of a brain injury.

(B) As used in the Arkansas Criminal Code, “mental disease or defect” does not include an abnormality manifested only by:

(i) Repeated criminal or otherwise antisocial conduct;

(ii) Continuous or noncontinuous periods of intoxication, as defined in § 5-2-207(b)(1), caused by a substance such as alcohol or a drug; or

(iii) Dependence upon or addiction to any substance such as alcohol or a drug;

(6) “Prescribed regimen of medical, psychiatric, or psychological care or treatment” means to [FN1] care or treatment for a mental illness, as defined in § 20-47-202;

(7) “Qualified psychiatrist” means a licensed psychiatrist who has successfully completed either a post-residency fellowship in forensic psychiatry accredited by the American Board of Psychiatry and Neurology or a forensic certification course approved by the department, and who is currently approved by the department to administer a forensic examination as defined in this subchapter;

(8) “Qualified psychologist” means a licensed psychologist who has received a post-doctoral diploma in forensic psychology accredited by the American Board of Professional Psychology or successfully completed a forensic certification course approved by the department, and who is currently approved by the department to administer a forensic examination as defined in this subchapter;

(9)(A) “Restraint” means any manual method, physical or mechanical device, material, or equipment that immobilizes a person or reduces the ability of a person to move his or her arms, legs, body, or head freely.

(B) “Restraint” does not include devices such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, or other methods that involve the physical holding of a person for the purpose of protecting the person from falling or to permit the person to participate in activities without the risk of physical harm to himself or herself; and

(10) “State mental health system” means the Arkansas State Hospital and any other facility or program certified by the Division of Behavioral Health of the Department of Human Services.

CREDIT(S)

Acts of 1975, Act 280, § 616; Acts of 1995, Act 767, § 1, eff. March 24, 1995; Acts of 1997, Act 922, § 1; Acts of 2001, Act 1554, § 1, eff. Aug. 13, 2001; Acts of 2007, Act 636, § 1, eff. July 31, 2007.

Formerly A.S.A. 1947, § 41-616.

[FN1] So in original. Probably should read “the”.

A.C.A. § 5-2-302

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§ 5-2-302. Lack of fitness to proceed generally

(a) No person who lacks the capacity to understand a proceeding against him or her or to assist effectively in his or her own defense as a result of mental disease or defect shall be tried, convicted, or sentenced for the commission of an offense so long as the incapacity endures.

(b) A court shall not enter a judgment of acquittal on the ground of mental disease or defect against a defendant who lacks the capacity to understand a proceeding against him or her or to assist effectively in his or her own defense as a result of mental disease or defect.

CREDIT(S)

Acts of 1975, Act 280, § 603; Acts of 2001, Act 1554, § 2, eff. Aug. 13, 2001.

Formerly A.S.A. 1947, § 41-603.

A.C.A. § 5-2-303

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§ 5-2-303. Mental disease, admissibility

Evidence that the defendant suffered from a mental disease or defect is admissible to prove whether the defendant had the kind of culpable mental state required for commission of the offense charged.

CREDIT(S)

Acts of 1975, Act 280, § 602.

Formerly A.S.A. 1947, § 41-602.

A.C.A. § 5-2-304

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§ 5-2-304. Notice of defense

(a) When a defendant intends to raise mental disease or defect as a defense in a prosecution or put in issue his or her fitness to proceed, the defendant shall notify the prosecutor and the court at the earliest practicable time.

(b)(1) Failure to notify the prosecutor within a reasonable time before the trial date entitles the prosecutor to a continuance that for limitation purposes is deemed an excluded period granted on application of the defendant.

(2) Alternatively, in lieu of suspending any further proceedings under § 5-2-305, the court may order the immediate examination of the defendant at a designated receiving facility or program by a qualified psychiatrist or a qualified psychologist.

CREDIT(S)

Acts of 1975, Act 280, § 604; Acts of 1977, Act 360, § 1; Acts of 1995, Act 767, § 2, eff. March 24, 1995.

Formerly A.S.A. 1947, § 41-604.

A.C.A. § 5-2-305

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§ 5-2-305. Mental health examination of defendant

(a)(1) Subject to the provisions of §§ 5-2-304 and 5-2-311, the court shall immediately suspend any further proceedings in a prosecution if:

(A) A defendant charged in circuit court files notice that he or she intends to rely upon the defense of mental disease or defect;

(B) There is reason to believe that the mental disease or defect of the defendant will or has become an issue in the cause;

(D) There is reason to doubt the defendant's fitness to proceed.

(2)(A) If a trial jury has been impaneled, the court may retain the jury or declare a mistrial and discharge the jury.

(B) A discharge of the trial jury is not a bar to further prosecution.

(b)(1) Upon suspension of further proceedings in the prosecution, the court shall enter an order:

(A) Directing that the defendant undergo examination and observation by one (1) or more qualified psychiatrists or qualified psychologists;

(B) Appointing one (1) or more qualified psychiatrists not practicing within the Arkansas State Hospital to make an examination and report on the mental condition of the defendant; or

(C) Directing the Director of the Division of Behavioral Health of the Department of Human Services to determine who will examine and report upon the mental condition of the defendant.

(2) The Director of the Division of Behavioral Health of the Department of Human Services or his or her designee shall determine the location of the forensic examination.

(3) The forensic examination shall be for a period not exceeding thirty (30) days or such longer period as the Director of the Division of Behavioral Health of the Department of Human Services or his or her designee determines to be necessary for the purpose of the forensic examination.

(4)(A)(i) A uniform evaluation order shall be developed by the Administrative Office of the Courts, the office of the Prosecutor Coordinator, and the Department of Human Services.

(ii) At a minimum the uniform evaluation order shall contain the:

(a) Defendant's name, age, gender, and race;

(b) Charges pending against the defendant;

(d) Defendant's custody status;

(e) Case number; and

(f) Case number and a unique identifying number on the incident reporting form as required by the Arkansas Crime Information Center.

(iii) The uniform evaluation order shall be utilized any time that a defendant is ordered to be examined by the court pursuant to this section and a copy of the uniform evaluation order shall be forwarded to the Director of the Department of Human Services or his or her designee.

(iv) No forensic examination shall be conducted without using the uniform evaluation order.

(B)(i) The Division of Behavioral Health of the Department of Human Services shall maintain a database of all examinations of defendants performed pursuant to this chapter.

(ii)(a) At a minimum the database shall contain the information on the uniform evaluation order as provided in subdivision (b)(4)(A)(ii) of this section.

(b) Additionally, the database shall track insanity acquittees and their conditional release.

(c) Upon completion of a forensic examination pursuant to subsection (b) of this section, the court may enter an order providing for further examination and may order the defendant committed to the Arkansas State Hospital or other appropriate facility for further examination and observation if the court determines that commitment and further examination and observation are warranted.

(d)(1) A report of a forensic examination shall include the following:

(A) A description of the nature of the forensic examination;

(B) A substantiated diagnosis in the terminology of the American Psychiatric Association's current edition of the Diagnostic and Statistical Manual;

(C) An opinion on whether the defendant lacks the capacity to understand the proceedings against him or her and to assist effectively in his or her own defense as a consequence of mental disease or defect;

(D) A description of any evidence that the defendant is feigning a sign or symptom of mental disease or defect;

(E)(i) An opinion as to whether the defendant has the capacity to understand the proceedings against him or her and to assist effectively in his or her own defense.

(ii) If the opinion under subdivision (d)(1)(E)(i) of this section is that the defendant has the capacity to understand the proceedings and to effectively assist in his or her own defense, then the examiner shall further examine the defendant and include in the report of the forensic examination an opinion as to the extent, if any, to which the capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was impaired at the time of the conduct alleged.

(iii) An opinion under subdivision (d)(1)(E)(i) or (d)(1)(E)(ii) of this section shall also include a description of the reasoning used by the examiner to support the opinion; and

(F)(i) When directed by the court, an opinion as to the capacity of the defendant to have the culpable mental state that is required to establish an element of the offense charged.

(ii) An opinion under subdivision (d)(1)(F)(i) of this section shall also include a description of the reasoning used by the examiner to support the opinion.

(2) In addition to the information required in subdivision (d)(1) of this section, the report of the forensic examination shall include a separate explanation of:

(A) The sign or symptom of mental disease or defect that led to the opinion on the presence of mental disease or defect; and

(B) The evidence that supports the opinion of the examiner on the capacity of the defendant to understand the proceedings against him or her and the defendant's capacity to assist in his or her own defense.

(e) If a forensic examination cannot be conducted because of the unwillingness of the defendant to participate in the forensic examination, the report of the forensic examination shall so state and shall include, if possible, an opinion as to whether the unwillingness of the defendant is the result of mental disease or defect.

(f)(1) A person designated to perform a forensic examination shall file the report of the forensic examination with the clerk of the court, and the clerk of the court shall mail a copy to the defense attorney and a copy to the prosecuting attorney.

(2) Upon entry of an order by a circuit court, a copy of the report of the forensic examination concerning a defendant shall be provided to the circuit court by the person designated to perform the forensic examination.

(g)(1) Notwithstanding the provision of any statute enacted prior to January 1, 1976, any existing medical or pertinent record in the custody of a public agency shall be made available to the examiner and counsel for inspection and copying.

(2) The court shall require the prosecuting attorney to provide to the examiner any information relevant to the forensic examination, including, but not limited to:

(A) The name and address of any attorney involved in the matter;

(B) Information about the alleged offense; and

(C) Any information about the defendant's background that is deemed relevant to the forensic examination, including the criminal history of the defendant.

(3) The court may require the attorney for the defendant to provide any available information relevant to the forensic examination, including, but not limited to, a:

(A) Psychiatric record;

(B) Medical record; or

(h)(1) When a forensic examination of a defendant has been completed, the county from which the defendant had been sent for the forensic examination shall procure the defendant within three (3) working days from the Arkansas State Hospital or from a designated receiving facility or program or other facility where the forensic examination was performed.

(2) If the county fails to procure the defendant within this three-day period, the county shall bear any room or board costs on the fourth and subsequent days.

(i) A person under commitment and supervision of the Department of Correction who is a defendant charged in circuit court shall not undergo an examination or observation conducted by a psychiatrist or other mental health employee of the Department of Correction to determine the mental condition of the defendant.

(j)(1) A person or entity that provides treatment under this subchapter may impose a charge for the cost of the treatment.

(2) A charge for costs under subdivision (j)(1) of this section may not exceed the actual cost of the treatment.

(3)(A) The Division of Behavioral Health of the Department of Human Services shall promulgate rules establishing reasonable charges for costs of treatment under this subchapter.

(B) Rules establishing reasonable charges for costs of treatment under this subchapter shall:

(i) Provide for postponing the collection of the charges based on clinical considerations or the patient's inability to pay, or both; and

(ii) Waive charges for treatment of defendants who plead guilty or nolo contendere or are found guilty at trial.

CREDIT(S)

Acts of 1975, Act 280, § 605; Acts of 1977, Act 360, § 2; Acts of 1979, Act 886, § 1; Acts of 1983, Act 191, § 3; Acts of 1989, Act 645, §§ 5, 6; Acts of 1989, Act 898, § 1; Acts of 1989, Act 911, §§ 5, 6; Acts of 1995, Act 767, § 3, eff. March 24, 1995; Acts of 2001, Act 1554, § 3, eff. Aug. 13, 2001; Acts of 2011, Act 991, §§ 1 to 3, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-605.

A.C.A. § 5-2-306

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§ 5-2-306. Defense physicians, guaranteed access

When a defendant desires to be examined by one (1) or more qualified physicians or other experts of his or her own choice, that qualified physician or other expert is permitted to have reasonable access to the defendant for the purpose of examination.

CREDIT(S)

Acts of 1975, Act 280, § 610.

Formerly A.S.A. 1947, § 41-610.

A.C.A. § 5-2-307

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§ 5-2-307. Examination statements, admissibility

Any statement made by a person during an examination or treatment is admissible as evidence only:

(1) To the extent permitted by the Uniform Rules of Evidence; and

(2) If the statement is constitutionally admissible.

CREDIT(S)

Acts of 1975, Act 280, § 615; Acts of 1977, Act 360, § 3.

Formerly A.S.A. 1947, § 41-615.

A.C.A. § 5-2-308

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§ 5-2-308. Experts as witnesses

(a) At any hearing concerning a defendant's responsibility or fitness to proceed, or upon trial, an examiner who reported pursuant to § 5-2-305 may be called as a witness by the prosecution, the defendant, or the court.

(b) If called by the court, the examiner called as a witness is subject to cross-examination by the prosecution and by the defendant.

CREDIT(S)

Acts of 1975, Act 280, § 611.

Formerly A.S.A. 1947, § 41-611.

A.C.A. § 5-2-309

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§ 5-2-309. Defendant's fitness, determination

(a) If the defendant's fitness to proceed becomes an issue, the issue of the defendant's fitness to proceed shall be determined by the court.

(b) If neither party contests the finding of the report filed pursuant to § 5-2-305, the court may make the determination under subsection (a) of this section on the basis of the report.

(c) If the finding of the report is contested, the court shall hold a hearing on the issue of the defendant's fitness to proceed.

CREDIT(S)

Acts of 1975, Act 280, § 606.

Formerly A.S.A. 1947, § 41-606.

A.C.A. § 5-2-310

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§ 5-2-310. Lack of fitness to proceed--Procedures subsequent to finding

(a)(1)(A) If the court determines that a defendant lacks fitness to proceed, the proceeding against him or her shall be suspended and the court may commit the defendant to the custody of the Department of Human Services for detention, care, and treatment until restoration of fitness to proceed.

(B) However, if the court is satisfied that the defendant may be released without danger to himself or herself or to the person or property of another, the court may order the defendant's release and the release shall continue at the discretion of the court on conditions the court determines necessary.

(2) A copy of the report filed pursuant to § 5-2-305 shall be attached to the order of commitment or order of conditional release.

(b)(1) Within a reasonable period of time, but in any case within ten (10) months of a commitment pursuant to subsection (a) of this section, the department shall file with the committing court a written report indicating whether the defendant is fit to proceed, or if not, whether:

(A) The defendant's mental disease or defect is of a nature precluding restoration of fitness to proceed; and

(B) The defendant presents a danger to himself or herself or to the person or property of another.

(2)(A) The court shall make a determination within one (1) year of a commitment pursuant to subsection (a) of this section.

(B) Pursuant to the report of the department or as a result of a hearing on the report, if the court determines that the defendant is fit to proceed, prosecution in ordinary course may commence.

(C) If the defendant lacks fitness to proceed but does not present a danger to himself or herself or to the person or property of another, the court may release the defendant on conditions the court determines to be proper.

(D) If the defendant lacks fitness to proceed and presents a danger to himself or herself or the person or property of another, the court shall order the department to petition for an involuntary admission.

(E) Upon filing of an order finding that the defendant lacks fitness to proceed issued under subdivision (b)(2)(A) of this section with a circuit clerk or a probate clerk, the circuit clerk or the probate clerk shall submit a copy of the order to the Arkansas Crime Information Center.

(c)(1) On the court's own motion or upon application of the department, the prosecuting attorney, or the defendant, and after a hearing if a hearing is requested, if the court determines that the defendant has regained fitness to proceed, the criminal proceeding shall be resumed.

(2) However, if the court is of the view that so much time has elapsed since the alleged commission of the offense in question that it would be unjust to resume the criminal proceeding, the court may dismiss the charge.

CREDIT(S)

Acts of 1975, Act 280, § 607; Acts of 1989, Act 645, § 1; Acts of 1989, Act 911, § 1; Acts of 2007, Act 463, § 1, eff. July 1, 2007; Acts of 2007, Act 568, § 1, eff. July 31, 2007.

Formerly A.S.A. 1947, § 41-607.

A.C.A. § 5-2-311

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§ 5-2-311. Incapacitated defendants, motions

The fact that the defendant lacks fitness to proceed does not preclude through counsel and without the personal participation of the defendant any motion upon:

(1) A ground that the:

(A) Indictment is insufficient;

(B) Statute of limitations has run; or

(2) Any other ground that the court deems susceptible of fair determination prior to trial.

CREDIT(S)

Acts of 1975, Act 280, § 608.

Formerly A.S.A. 1947, § 41-608.

A.C.A. § 5-2-312

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§ 5-2-312. Mental disease as defense

(a)(1) It is an affirmative defense to a prosecution that at the time the defendant engaged in the conduct charged he or she lacked capacity as a result of mental disease or defect to:

(A) Conform his or her conduct to the requirements of law; or

(B) Appreciate the criminality of his or her conduct.

(2) When the affirmative defense of mental disease or defect is presented to a jury, prior to deliberations the jury shall be instructed regarding the disposition of a defendant acquitted on a ground of mental disease or defect pursuant to § 5-2-314.

(b) As used in the Arkansas Criminal Code, “mental disease or defect” does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

(c) When a defendant is acquitted on a ground of mental disease or defect, the verdict and judgment shall state that the defendant was acquitted on a ground of mental disease or defect.

CREDIT(S)

Acts of 1975, Act 280, § 601; Acts of 2001, Act 248, § 1, eff. Aug. 13, 2001.

Formerly A.S.A. 1947, § 41-601.

A.C.A. § 5-2-313

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§ 5-2-313. Acquittal based on mental health report

(a) On the basis of the report filed pursuant to § 5-2-305 and after a hearing, if a hearing is requested, the court may enter judgment of acquittal on the ground of mental disease or defect if the court is satisfied that the following criteria are met:

(1) The defendant currently has the capacity to understand the proceedings against him or her and to assist effectively in his or her own defense; and

(2) At the time of the conduct charged, the defendant lacked capacity as a result of mental disease or defect to conform his or her conduct to the requirements of law or to appreciate the criminality of his or her conduct.

(b) If the defendant did not raise the issue of mental disease or defect as an affirmative defense pursuant to § 5-2-305(a)(1)(A) or (C), then the court is required to make a factual determination that the defendant committed the offense and that he or she was suffering from a mental disease or defect at the time of the commission of the offense.

CREDIT(S)

Acts of 1975, Act 280, § 609; Acts of 1989, Act 645, § 2; Acts of 1989, Act 911, § 2; Acts of 2001, Act 1554, § 4, eff. Aug. 13, 2001.

Formerly A.S.A. 1947, § 41-609.

A.C.A. § 5-2-314

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§ 5-2-314. Acquittal--Examination of defendant--Hearing

(a) When a defendant is acquitted on the ground of mental disease or defect, a circuit court is required to determine and to include the determination in the order of acquittal one (1) of the following:

(1) The offense involved bodily injury to another person or serious damage to the property of another person or involved a substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant remains affected by mental disease or defect;

(2) The offense involved bodily injury to another person or serious damage to the property of another person or involved a substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant is no longer affected by mental disease or defect;

(3) The offense did not involve bodily injury to another person or serious damage to the property of another person nor did it involve substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant remains affected by mental disease or defect; or

(4) The offense did not involve bodily injury to another person or serious damage to the property of another person nor did it involve a substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant is no longer affected by mental disease or defect.

(b)(1) If the circuit court enters a determination based on subdivision (a)(1) or (3) of this section, the circuit court shall order the defendant committed to the custody of the Department of Human Services for an examination by a psychiatrist or a licensed psychologist.

(2) Upon filing of an order of commitment under subdivision (b)(1) of this section with a circuit clerk, the circuit clerk shall submit a copy of the order to the Arkansas Crime Information Center.

(c) If the circuit court enters a determination based on subdivision (a)(2) or (4) of this section, the circuit court shall immediately discharge the defendant.

(d)(1)(A) The department shall file the psychiatric or psychological report with the probate clerk of the circuit court having venue within thirty (30) days following receipt of an order of acquittal.

(B) If before thirty (30) days the department makes application to the circuit court for an extension of time to file the psychiatric or psychological report and the circuit court finds there is good cause for the delay, the circuit court may order that additional time be allowed for the department to file the psychiatric or psychological report.

(C) A hearing shall be conducted by the circuit court and shall take place not later than ten (10) days following the filing of the psychiatric or psychological report with the circuit court.

(2) If the psychiatric or psychological report is not filed within thirty (30) days following the department's receipt of an order of acquittal or within such additional time as authorized by the circuit court, the circuit court may grant a petition for a writ of habeas corpus ordering the release of the defendant under terms and conditions that are reasonable and just for the defendant and societal concerns about the safety of persons and property of others.

(e)(1) A person found not guilty on the ground of mental disease or defect of an offense involving bodily injury to another person or serious damage to the property of another person or involving a substantial risk of bodily injury to another person or serious damage to the property of another person has the burden of proving by clear and convincing evidence that his or her release would not create a substantial risk of bodily injury to another person or serious damage to property of another person due to a present mental disease or defect.

(2) With respect to any other offense, the person has the burden of proof by a preponderance of the evidence.

(f)(1) A person acquitted whose mental condition is the subject of a hearing has a right to counsel.

(2)(A) If it appears to the circuit court that the person acquitted is in need of counsel, an attorney shall be appointed immediately upon filing of the original petition.

(B)(i) When an attorney is appointed by the circuit court, the circuit court shall determine the amount of the fee to be paid the attorney appointed by the circuit court and issue an order of payment.

(ii) The amount of the fee allowed shall be based upon the time and effort of the attorney in the investigation, preparation, and representation of the client at the court hearings.

(g)(1) The quorum court of each county shall appropriate funds for the purpose of payment of the attorney's fees provided for by subsection (f) of this section.

(2) Upon presentment of a claim accompanied by an order of the circuit court fixing the fee, the claim shall be approved by the county court and paid in the same manner as other claims against the county are paid.

(h) A hearing conducted pursuant to subsection (d) of this section may be held at the Arkansas State Hospital or a designated receiving facility or program where the person acquitted is detained.

(i) When conducting any hearing set out in this section, the circuit judge may conduct the hearing within any county of his or her judicial district.

(j)(1)(A) It is the duty of the prosecuting attorney's office in the county where the petition is filed to represent the State of Arkansas at any hearing held pursuant to this section except a hearing pending at the Arkansas State Hospital in Pulaski County.

(B) A prosecuting attorney may contract with another attorney to provide services under subdivision (j)(1) of this section.

(2) The office of the Prosecutor Coordinator shall appear for and on behalf of the State of Arkansas at the Arkansas State Hospital in Little Rock.

(3) Representation under this subsection is a part of the official duties of a prosecuting attorney or the office of the Prosecutor Coordinator and the prosecuting attorney or the office of the Prosecutor Coordinator is immune from civil liability in the performance of this official duty.

CREDIT(S)

Acts of 1989, Act 645, § 3; Acts of 1989, Act 821, § 1; Acts of 1989, Act 911, § 3; Acts of 1995, Act 609, § 1; Acts of 2003, Act 1185, § 3, eff. July 16, 2003; Acts of 2005, Act 1446, § 1, eff. Aug. 12, 2005; Acts of 2007, Act 463, § 2, eff. July 1, 2007; Acts of 2007, Act 568, §§ 2, 3, eff. July 31, 2007.

Formerly A.S.A. 1947, §§ 41-612, 41-612.2; Acts of 1975, Act 280, § 612; Acts of 1983, Act 917, §§ 1, 3.

A.C.A. § 5-2-315

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§ 5-2-315. Release of acquittees

(a)(1)(A) When the Director of the Department of Human Services or his or her designee determines that a person acquitted has recovered from his or her mental disease or defect to such an extent that his or her release or his or her conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment would no longer create a substantial risk of bodily injury to another person or serious damage to the property of another person, the director shall promptly file an application for discharge or conditional release of the person acquitted with the circuit court that ordered the commitment.

(B) In addition, if the person acquitted has an impairment due to alcohol or substance abuse, the director may petition the circuit court for involuntary commitment under § 20-64-815.

(2) The director shall send a copy of the application to the counsel for the person acquitted and to the attorney for the state.

(b)(1) Within twenty (20) days after receiving the application for discharge or conditional release of the person acquitted, the attorney for the state may petition the circuit court for a hearing to determine whether the person acquitted should be released.

(2) If the attorney for the state does not request a hearing, the circuit court may conduct a hearing on its own motion or discharge the person acquitted.

(c) If the circuit court finds after a hearing under subsection (b) of this section by the standard specified in § 5-2-314(e) that the person acquitted has recovered from his or her mental disease or defect to such an extent that:

(1) The discharge of the person acquitted would no longer create a substantial risk of bodily injury to another person or serious damage to property of another person, then the circuit court shall order that the person acquitted be immediately discharged; or

(2) The conditional release of the person acquitted under a prescribed regimen of medical, psychiatric, or psychological care or treatment would no longer create a substantial risk of bodily injury to another person or serious damage to property of another person, then the circuit court shall order:

(A) That the person acquitted be conditionally released under a prescribed regimen of medical, psychiatric, or psychological care or treatment that has been:

(i) Prepared for the person acquitted;

(ii) Certified to the circuit court as appropriate by the director of the facility in which the person acquitted is committed; and

(iii) Found by the circuit court to be appropriate; and

(B) Explicit conditions of release, including without limitation requirements that:

(i) The person acquitted comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment;

(ii) The person acquitted be subject to regularly scheduled personal contact with a compliance monitor for the purpose of verifying compliance with the conditions of release;

(iii) Compliance with the conditions of release be documented with the circuit court by the compliance monitor at ninety-day intervals or at such intervals as the circuit court may order; and

(iv) Impose the conditions of release for a period of up to five (5) years.

(d) If the circuit court determines that the person acquitted has not met his or her burden of proof under subsection (c) of this section, the person acquitted shall continue to be committed to the custody of the Department of Human Services.

(e) A person ordered to be in charge of a prescribed regimen of medical, psychiatric, or psychological care or treatment of a person acquitted shall provide:

(1) The prescribed regimen of medical, psychiatric, or psychological care or treatment;

(2) Periodic written documentation to a compliance monitor of compliance with the conditions of release, including, but not limited to, documentation of compliance with the prescribed:

(A) Medication;

(B) Treatment and therapy;

(D) Drug testing; and

(3)(A) Written notice of any failure of the person acquitted to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment to the:

(i) Compliance monitor;

(ii) Attorney for the person acquitted;

(iii) Attorney for the state; and

(iv) Circuit court having jurisdiction.

(B) The written notice under subdivision (e)(3)(A) of this section shall be provided immediately upon the failure of the person acquitted to comply with a condition of release.

(C)(i) Upon the written notice under subdivision (e)(3)(A) of this section or upon other probable cause to believe that the person acquitted has failed to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, the person acquitted may be detained and shall be taken without unnecessary delay before the circuit court having jurisdiction over him or her.

(ii) After a hearing, the circuit court shall determine whether the person acquitted should be remanded to an appropriate facility on the ground that, in light of his or her failure to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, his or her continued release would create a substantial risk of bodily injury to another person or serious damage to property of another person.

(D) At any time after a hearing employing the same criteria, the circuit court may modify or eliminate the prescribed regimen of medical, psychiatric, or psychological care or treatment.

(f)(1) Regardless of whether the director or his or her designee has filed an application pursuant to a provision of subsection (a) of this section, and at any time during the commitment of the person acquitted, a person acquitted, his or her counsel, or his or her legal guardian may file with the circuit court that ordered the commitment a motion for a hearing to determine whether the person acquitted should be discharged from the facility in which the person acquitted is committed.

(2) However, no motion under subdivision (f)(1) of this section may be filed more than one (1) time every one hundred eighty (180) days.

(3) A copy of the motion under subdivision (f)(1) of this section shall be sent to the:

(A) Director of the facility in which the person acquitted is committed; and

(B) Attorney for the state.

CREDIT(S)

Acts of 1989, Act 645, § 4; Acts of 1989, Act 911, § 4; Acts of 1995, Act 609, § 2; Acts of 1995, Act 767, § 4, eff. March 24, 1995; Acts of 1997, Act 922, § 2; Acts of 2011, Act 990, § 1, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-613; Acts of 1975, Act 280, § 613.

A.C.A. § 5-2-316

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§ 5-2-316. Conditional release--Subsequent discharge, modification, or revocation

(a)(1) The Director of the Department of Human Services or his or her designee, or a person conditionally released under § 5-2-315, or both, may apply to the court ordering the conditional release for discharge from or modification of the order granting conditional release on the ground that he or she may be discharged or the order modified without danger to himself or herself or to the person or property of another person.

(2) The application shall be accompanied by a supporting affidavit of a qualified physician.

(3) A copy of the application and affidavit shall be transmitted to the prosecuting attorney of the judicial circuit from which the person was conditionally released and to any person supervising his or her release, and the hearing on the application shall be held following notice to the prosecuting attorney and the person supervising his or her release.

(b)(1) After notice to the conditionally released person and a hearing, the court may determine that the conditionally released person has violated a condition of release or that for the safety of the conditionally released person or for the safety of the person or property of another person the conditional release should be modified, extended for a period specified by the court not to exceed five (5) years, or revoked.

(2)(A) If an order is entered revoking the most recent order of conditional release under subdivision (b)(1) of this section, all conditions of the release shall be abated, and the person shall be ordered to be committed to the custody of the director or the director's designee.

(B) After the revocation described in subdivision (b)(2)(A) of this section, the person is subject to future discharge or conditional release only under the procedure prescribed in § 5-2-315.

CREDIT(S)

Acts of 1975, Act 280, § 614; Acts of 1997, Act 922, § 3; Acts of 2007, Act 623, § 1, eff. March 28, 2007; Acts of 2011, Act 990, § 2, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-614.

A.C.A. § 5-2-317

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§ 5-2-317. Jurisdiction and venue

(a) A circuit court has exclusive jurisdiction over a person acquitted by reason of mental disease or defect and committed to the custody of the Director of the Department of Health and Human Services pursuant to § 5-2-314(b).

(b) Venue is determined as follows:

(1) For a person committed to the custody of the Department of Health and Human Services pursuant to § 5-2-314(b) and who has been committed to the Arkansas State Hospital for examination, then venue may be in Pulaski County for the initial hearing pursuant to § 5-2-314 and for a conditional release hearing pursuant to § 5-2-315; and

(2) For a person who has been conditionally released pursuant to § 5-2-315, then venue for any hearing seeking the modification, revocation, or dismissal of a conditional release order is in the county where the person currently resides.

CREDIT(S)

Acts of 1995, Act 609, § 3; Acts of 2003, Act 1185, § 4, eff. July 16, 2003; Acts of 2005, Act 1845, § 1, eff. Aug. 12, 2005.

A.C.A. § 5-2-318

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§§ 5-2-318 to 5-2-324. Reserved

A.C.A. § 5-2-324

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§§ 5-2-318 to 5-2-324. Reserved

A.C.A. § 5-2-325

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§ 5-2-325. Repealed by Acts of 1989, Act 911, § 7

CREDIT(S)

Acts of 1989, Act 911, § 7.

Formerly A.S.A. 1947, § 41-612.1; Acts 1983, Act 917, § 2.

A.C.A. § 5-2-326

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 3. Mental Disease or Defect

§ 5-2-326. Restraint of an Arkansas State Hospital patient

(a) If necessary for security, an Arkansas State Hospital patient shall be physically restrained with a restraint while being transported to locations away from hospital grounds or to and from any court appearance.

(b) A patient shall not be physically restrained with a restraint if the restraint is medically contraindicated.

(c) The restraint shall be implemented in accordance with safe and appropriate restraint techniques as determined by hospital policy.

(d) The restraint used shall be the least restrictive type or technique necessary to effectively protect the patient, staff members, or others from harm.

(e) The restraint shall not be used as a means of coercion, discipline, convenience, or retaliation by staff.

CREDIT(S)

Acts of 2007, Act 636, § 2, eff. July 31, 2007.

A.C.A. § 5-2-401

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 4. Parties to Offenses

§ 5-2-401. Commission of offenses

A person may commit an offense either by his or her own conduct or that of another person.

CREDIT(S)

Acts of 1975, Act 280, § 301.

Formerly A.S.A. 1947, § 41-301.

A.C.A. § 5-2-402

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 4. Parties to Offenses

§ 5-2-402. Liability, another's conduct

A person is criminally liable for the conduct of another person if:

(1) The person is made criminally liable for the conduct of another person by the statute defining the offense;

(2) The person is an accomplice of another person in the commission of an offense; or

(3) Acting with a culpable mental state sufficient for the commission of the offense, the person causes another person to engage in conduct that would constitute an offense but for a defense available to the other person.

CREDIT(S)

Acts of 1975, Act 280, § 302.

Formerly A.S.A. 1947, § 41-302.

A.C.A. § 5-2-403

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 4. Parties to Offenses

§ 5-2-403. Accomplice, defined

(a) A person is an accomplice of another person in the commission of an offense if, with the purpose of promoting or facilitating the commission of an offense, the person:

(1) Solicits, advises, encourages, or coerces the other person to commit the offense;

(2) Aids, agrees to aid, or attempts to aid the other person in planning or committing the offense; or

(3) Having a legal duty to prevent the commission of the offense, fails to make a proper effort to prevent the commission of the offense.

(b) When causing a particular result is an element of an offense, a person is an accomplice of another person in the commission of that offense if, acting with respect to that particular result with the kind of culpable mental state sufficient for the commission of the offense, the person:

(1) Solicits, advises, encourages, or coerces the other person to engage in the conduct causing the particular result;

(2) Aids, agrees to aid, or attempts to aid the other person in planning or engaging in the conduct causing the particular result; or

(3) Having a legal duty to prevent the conduct causing the particular result, fails to make a proper effort to prevent the conduct causing the particular result.

CREDIT(S)

Acts of 1975, Act 280, § 303.

Formerly A.S.A. 1947, § 41-303.

A.C.A. § 5-2-404

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 4. Parties to Offenses

§ 5-2-404. Accomplices, defenses

(a) Unless otherwise provided by the statute defining the offense, a person is not an accomplice in an offense if:

(1) The person is a victim of the offense; or

(2) The offense is defined so that the person's conduct is inevitably incident to the commission of the offense.

(b) It is an affirmative defense to a prosecution for an offense respecting which the liability of the defendant is based on the conduct of another person that the defendant terminates his or her complicity prior to 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 proper effort to prevent commission of the offense.

CREDIT(S)

Acts of 1975, Act 280, § 305; Acts of 1977, Act 474, § 1.

Formerly A.S.A. 1947, § 41-305.

A.C.A. § 5-2-405

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 4. Parties to Offenses

§ 5-2-405. Restriction on defenses

In any prosecution for an offense in which the liability of the defendant is based on conduct of another person, it is no defense that:

(1) 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 his or her incapacity;

(2) The other person has not been charged with, prosecuted for, convicted of, or has been acquitted of any offense or has been convicted of a different offense or degree of offense, based upon the conduct in question, even if the defendant and the other person were tried jointly; or

(3) The other person has a legal immunity from prosecution based upon the conduct in question.

CREDIT(S)

Acts of 1975, Act 280, § 304; Acts of 1995, Act 1294, § 1.

Formerly A.S.A. 1947, § 41-304.

A.C.A. § 5-2-406

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 4. Parties to Offenses

§ 5-2-406. Culpability, varied degree offenses

When two (2) or more persons are criminally liable for an offense of which there are different degrees, each person is liable only for the degree of the offense that is consistent with the person's own:

(1) Culpable mental state; or

(2) Accountability for an aggravating fact or circumstance.

CREDIT(S)

Acts of 1975, Act 280, § 306.

Formerly A.S.A. 1947, § 41-306.

A.C.A. § 5-2-501

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 5. Organizations and Their Agents

§ 5-2-501. Definitions

As used in this subchapter:

(1) “Agent” means any officer, director, or employee of an organization or any other person who is authorized to act in behalf of an organization;

(2) “High managerial agent” means an agent or officer of an organization who has duties of such responsibility that his or her conduct reasonably may be assumed to represent the policy of the organization; and

(3) “Organization” means a legal entity and includes:

(A) A corporation, company, association, firm, partnership, or joint-stock company;

(B) A foundation, institution, society, union, club, or church; or

CREDIT(S)

Acts of 1975, Act 280, § 401.

Formerly A.S.A. 1947, § 41-401.

A.C.A. § 5-2-502

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 5. Organizations and Their Agents

§ 5-2-502. Offenses of organizations

(a) An organization commits an offense if:

(1) The organization omits to discharge a specific duty of affirmative performance imposed on an organization by law and the omission is prohibited by criminal law;

(2) The conduct or result specified in the definition of the offense is engaged in, authorized, solicited, requested, commanded, or recklessly tolerated by the board of directors of a corporation or by the executive board of another type of organization or by a high managerial agent acting within the scope of his or her office or employment and in behalf of the organization; or

(3) The conduct or result specified in the definition of the offense is engaged in or caused by an agent of the organization while acting within the scope of his or her office or employment and in behalf of the organization and the offense is:

(A) A violation;

(B) A misdemeanor of any class; or

(b) Notwithstanding a provision of this subchapter, if the statute defining an offense designates an agent for whose conduct an organization is liable or the circumstances under which an organization is liable, the provisions of that statute apply.

CREDIT(S)

Acts of 1975, Act 280, § 402.

Formerly A.S.A. 1947, § 41-402.

A.C.A. § 5-2-503

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 5. Organizations and Their Agents

§ 5-2-503. Agent liability

(a) A person is criminally liable for any conduct constituting an offense that he or she performs or causes to be performed in the name of or in behalf of an organization to the same extent as if that conduct were performed in his or her own name or behalf.

(b)(1) When a duty to act or refrain from acting is imposed by law upon an organization, any agent of the organization having primary responsibility for the discharge of the duty is criminally liable for a reckless performance or omission to perform the required act to the same extent as if the duty were imposed by law directly upon the agent.

(2) A person convicted of an offense by reason of his or her criminal liability for the conduct of an organization is not subject to the sentence authorized by § 5-4-201(e).

CREDIT(S)

Acts of 1975, Act 280, § 403.

Formerly A.S.A. 1947, § 41-403.

A.C.A. § 5-2-601

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 6. Justification

§ 5-2-601. Justification definitions

As used in this subchapter:

(1) “Common carrier” means any vehicle used to transport for hire any member of the public;

(2) “Deadly physical force” means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury;

(3) “Dwelling” means an enclosed space that is used or intended to be used as a human habitation, home, or residence on a temporary or permanent basis;

(4) “Minor” means any person under eighteen (18) years of age;

(5)(A) “Occupiable structure” means a vehicle, building, or other structure:

(i) Where any person lives or carries on a business or other calling;

(ii) Where 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;

(6) “Physical force” means:

(A) Any bodily impact, restraint, or confinement; or

(B) The threat of any bodily impact, restraint, or confinement;

(7) “Premises” means:

(A) An occupiable structure; or

(B) Any real property;

(8) “Unlawful physical force” means physical force that is employed without the consent of the person against whom it is directed and the employment of the physical force constitutes a criminal offense or tort or would constitute a criminal offense or tort except for a defense other than the defense of justification or privilege; and

(9) “Vehicle” means any craft or device designed for the transportation of a person or property across land or water or through the air.

CREDIT(S)

Acts of 1975, Act 280, § 501.

Formerly A.S.A. 1947, § 41-501.

A.C.A. § 5-2-602

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 6. Justification

§ 5-2-602. Justification as defense

In a prosecution for an offense, justification as defined in this subchapter is a defense.

CREDIT(S)

Acts of 1975, Act 280, § 502.

Formerly A.S.A. 1947, § 41-502.

A.C.A. § 5-2-603

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 6. Justification

§ 5-2-603. Public servant justification

(a) Conduct that would otherwise constitute an offense is justifiable when it is:

(1) Required or authorized by law or by a judicial decree; or

(2) Performed by a public servant or a person acting at the public servant's direction in a reasonable exercise or performance of the public servant's official power, duty, or function.

(b) The justification afforded by this section applies if the actor reasonably believes his or her conduct is required or authorized:

(1) By the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or tribunal or defect in the legal process; or

(2) To assist a public servant in the performance of the public servant's duty, notwithstanding that the public servant has exceeded the public servant's legal authority.

CREDIT(S)

Acts of 1975, Act 280, § 503.

Formerly A.S.A. 1947, § 41-503.

A.C.A. § 5-2-604

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 6. Justification

§ 5-2-604. Emergency or imminency justification

(a) Conduct that would otherwise constitute an offense is justifiable when:

(1) The conduct is necessary as an emergency measure to avoid an imminent public or private injury; and

(2) According to ordinary standards of reasonableness, the desirability and urgency of avoiding the imminent public or private injury outweigh the injury sought to be prevented by the law proscribing the conduct.

(b) Justification under this section shall not rest upon a consideration pertaining to the morality or advisability of the statute defining the offense charged.

(c) If the actor is reckless or negligent in bringing about the situation requiring a choice of evils or in appraising the necessity for his or her conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish a culpable mental state.

CREDIT(S)

Acts of 1975, Act 280, § 504.

Formerly A.S.A. 1947, § 41-504.

A.C.A. § 5-2-605

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 6. Justification

§ 5-2-605. Justifiable physical force

The use upon another person of physical force that would otherwise constitute an offense is justifiable under any of the following circumstances:

(1) A parent, teacher, guardian, or other person entrusted with care and supervision of a minor or an incompetent person may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent reasonably necessary to maintain discipline or to promote the welfare of the minor or incompetent person;

(2) A warden or other authorized official of a correctional facility may use nondeadly physical force to the extent reasonably necessary to maintain order and discipline;

(3) A person responsible for the maintenance of order in a common carrier or a person acting under the responsible person's direction may use nondeadly physical force to the extent reasonably necessary to maintain order;

(4) A person who reasonably believes that another person is about to commit suicide or to inflict serious physical injury upon himself or herself may use nondeadly physical force upon the other person to the extent reasonably necessary to thwart the suicide or infliction of serious physical injury;

(5) A duly licensed physician or a person assisting a duly licensed physician at the duly licensed physician's direction may use physical force for the purpose of administering a recognized form of treatment reasonably adapted to promoting the physical or mental health of a patient if the treatment is administered:

(A) With the consent of the patient or, if the patient is a minor who is unable to appreciate or understand the nature or possible consequences of the proposed medical treatment or is an incompetent person, with the consent of a parent, guardian, or other person entrusted with the patient's care and supervision; or

(B) In an emergency when the duly licensed physician reasonably believes that no person competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.

CREDIT(S)

Acts of 1975, Act 280, § 505; Acts of 2007, Act 827, § 12, eff. July 31, 2007.

Formerly A.S.A. 1947, § 41-505.

A.C.A. § 5-2-606

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 6. Justification

§ 5-2-606. Physical force, justification

(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 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.

CREDIT(S)

Acts of 1975, Act 280, § 506; Acts of 2007, Act 827, § 13, eff. July 31, 2007.

Formerly A.S.A. 1947, § 41-506.

A.C.A. § 5-2-607

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 6. Justification

§ 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 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 as described in § 9-15-103 from the continuation of a pattern of domestic abuse.

(b) A person may not use deadly physical force in self-defense if the person knows that he or she can avoid the necessity of using deadly physical force with complete safety:

(1)(A) By retreating.

(B) However, a person is not required to retreat if the person is:

(i) In the person's dwelling or on the curtilage surrounding the person's dwelling and was not the original aggressor; or

(ii) A law enforcement officer or a person assisting at the direction of a law enforcement officer; or

(2) By surrendering possession of property to a person claiming a lawful right to possession of the property.

(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.

CREDIT(S)

Acts of 1975, Act 280, § 507; Acts of 1997, Act 1257, § 1; Acts of 2007, Act 111, § 1, eff. July 31, 2007; Acts of 2009, Act 748, § 2, eff. July 31, 2009.

Formerly A.S.A. 1947, § 41-507.

A.C.A. § 5-2-608

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 6. Justification

§ 5-2-608. Defense of premises justification

(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.

CREDIT(S)

Acts of 1975, Act 280, § 508.

Formerly A.S.A. 1947, § 41-508.

A.C.A. § 5-2-609

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 6. Justification

§ 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.

CREDIT(S)

Acts of 1975, Act 280, § 509; Acts of 2003, Act 1090, § 1, eff. July 16, 2003.

Formerly A.S.A. 1947, § 41-509.

A.C.A. § 5-2-610

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 6. Justification

§ 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 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.

CREDIT(S)

Acts of 1975, Act 280, § 510; Acts of 2005, Act 1994, § 491, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 41-510.

A.C.A. § 5-2-611

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 6. Justification

§ 5-2-611. Assisting 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.

CREDIT(S)

Acts of 1975, Act 280, § 511; Acts of 1977, Act 474, § 2.

Formerly A.S.A. 1947, § 41-511.

A.C.A. § 5-2-612

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 6. Justification

§ 5-2-612. Resisting arrest, physical force

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.

CREDIT(S)

Acts of 1975, Act 280, § 512.

Formerly A.S.A. 1947, § 41-512.

A.C.A. § 5-2-613

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 6. Justification

§ 5-2-613. Use of deadly 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 Department of Correction or by a private contractor in a correctional facility housing inmates for the department 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.

CREDIT(S)

Acts of 1975, Act 280, § 513; Acts of 1997, Act 525, § 1.

Formerly A.S.A. 1947, § 41-513.

A.C.A. § 5-2-614

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 6. Justification

§ 5-2-614. 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.

CREDIT(S)

Acts of 1975, Act 280, § 514.

Formerly A.S.A. 1947, § 41-514.

A.C.A. § 5-2-615

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 6. Justification

§§ 5-2-615 to 5-2-619. Reserved

A.C.A. § 5-2-619

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 6. Justification

§§ 5-2-615 to 5-2-619. Reserved

A.C.A. § 5-2-620

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 6. Justification

§ 5-2-620. Defense, person or property

(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.

CREDIT(S)

Acts of 1981, Act 880, § 1.

Formerly A.S.A. 1947, § 41-507.1.

A.C.A. § 5-2-621

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 6. Justification

§ 5-2-621. Attempting to protect persons during commission of a felony

No person is civilly liable for an action or omission intended to protect himself or herself or another from a personal injury during the commission of a felony unless the action or omission constitutes a felony.

CREDIT(S)

Acts of 1981, Act 884, § 1; Acts of 2005, Act 1994, § 480, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 41-507.2.

A.C.A. § 5-2-622

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 6. Justification

§ 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.

CREDIT(S)

Acts of 2009, Act 460, § 1, eff. July 31, 2009.

A.C.A. T. 5, Subt. 1, Ch. 3, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 3. Inchoate Offenses

A.C.A. § 5-3-101

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 3. Inchoate Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-3-101. Conduct not likely criminal

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.

CREDIT(S)

Acts of 1975, Act 280, § 715.

Formerly A.S.A. 1947, § 41-715.

A.C.A. § 5-3-102

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 3. Inchoate Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-3-102. Single conviction per offense

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.

CREDIT(S)

Acts of 1975, Act 280, § 716.

Formerly A.S.A. 1947, § 41-716.

A.C.A. § 5-3-103

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 3. Inchoate Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-3-103. Conspiracy and solicitation; 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.

CREDIT(S)

Acts of 1975, Act 280, § 713; Acts of 1995, Act 1294, § 2.

Formerly A.S.A. 1947, § 41-713.

A.C.A. § 5-3-201

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 3. Inchoate Offenses (Refs & Annos)

Subchapter 2. Criminal Attempt

§ 5-3-201. Attempts

(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.

CREDIT(S)

Acts of 1975, Act 280, § 701.

Formerly A.S.A. 1947, § 41-701.

A.C.A. § 5-3-202

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 3. Inchoate Offenses (Refs & Annos)

Subchapter 2. Criminal Attempt

§ 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.

CREDIT(S)

Acts of 1975, Act 280, § 702.

Formerly A.S.A. 1947, § 41-702.

A.C.A. § 5-3-203

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 3. Inchoate Offenses (Refs & Annos)

Subchapter 2. Criminal Attempt

§ 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.

CREDIT(S)

Acts of 1975, Act 280, § 703; Acts of 1981, Act 620, § 3; Acts of 2005, Act 1888, § 1, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 41-703.

A.C.A. § 5-3-204

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 3. Inchoate Offenses (Refs & Annos)

Subchapter 2. Criminal Attempt

§ 5-3-204. Abandonment and 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.

CREDIT(S)

Acts of 1975, Act 280, § 704.

Formerly A.S.A. 1947, § 41-704.

A.C.A. § 5-3-301

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 3. Inchoate Offenses (Refs & Annos)

Subchapter 3. Criminal Solicitation

§ 5-3-301. Facilitation or solicitation

(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.

CREDIT(S)

Acts of 1975, Act 280, § 705; Acts of 1981, Act 620, § 4.

Formerly A.S.A. 1947, § 41-705.

A.C.A. § 5-3-302

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 3. Inchoate Offenses (Refs & Annos)

Subchapter 3. Criminal Solicitation

§ 5-3-302. Criminal solicitation 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.

CREDIT(S)

Acts of 1975, Act 280, § 706.

Formerly A.S.A. 1947, § 41-706.

A.C.A. T. 5, Subt. 1, Ch. 3, Subch. 4, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 3. Inchoate Offenses

Subchapter 4. Criminal Conspiracy

A.C.A. § 5-3-401

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 3. Inchoate Offenses (Refs & Annos)

Subchapter 4. Criminal Conspiracy (Refs & Annos)

§ 5-3-401. 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.

CREDIT(S)

Acts of 1975, Act 280, § 707.

Formerly A.S.A. 1947, § 41-707.

A.C.A. § 5-3-402

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 3. Inchoate Offenses (Refs & Annos)

Subchapter 4. Criminal Conspiracy (Refs & Annos)

§ 5-3-402. Extent of conspiracy

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.

CREDIT(S)

Acts of 1975, Act 280, § 708.

Formerly A.S.A. 1947, § 41-708.

A.C.A. § 5-3-403

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 3. Inchoate Offenses (Refs & Annos)

Subchapter 4. Criminal Conspiracy (Refs & Annos)

§ 5-3-403. Multiple conspiratorial offenses

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.

CREDIT(S)

Acts of 1975, Act 280, § 709.

Formerly A.S.A. 1947, § 41-709.

A.C.A. § 5-3-404

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 3. Inchoate Offenses (Refs & Annos)

Subchapter 4. Criminal Conspiracy (Refs & Annos)

§ 5-3-404. Conspiracy classifications

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.

CREDIT(S)

Acts of 1975, Act 280, § 714; Acts of 1981, Act 620, § 5.

Formerly A.S.A. 1947, § 41-714.

A.C.A. § 5-3-405

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 3. Inchoate Offenses (Refs & Annos)

Subchapter 4. Criminal Conspiracy (Refs & Annos)

§ 5-3-405. Termination and renunciation; conspiracy

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.

CREDIT(S)

Acts of 1975, Act 280, § 710.

Formerly A.S.A. 1947, § 41-710.

A.C.A. § 5-3-406

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 3. Inchoate Offenses (Refs & Annos)

Subchapter 4. Criminal Conspiracy (Refs & Annos)

§ 5-3-406. Limitation of actions; conspiracy

(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.

CREDIT(S)

Acts of 1975, Act 280, § 711.

Formerly A.S.A. 1947, § 41-711.

A.C.A. § 5-3-407

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 3. Inchoate Offenses (Refs & Annos)

Subchapter 4. Criminal Conspiracy (Refs & Annos)

§ 5-3-407. Venue; conspiracy prosecutions

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.

CREDIT(S)

Acts of 1975, Act 280, § 712.

Formerly A.S.A. 1947, § 41-712.

A.C.A. § 5-4-101

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 1. General Provisions

§ 5-4-101. Definitions

As used in this chapter:

(1)(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;

(2) “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;

(3) “Probation officer” means a salaried officer attached to the court pursuant to § 16-93-402 or a reputable person designated by the court to supervise a defendant who is placed on probation;

(4)(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

(5) “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.

CREDIT(S)

Acts of 1975, Act 280, § 801; Acts of 1981, Act 620, § 6; Acts of 1993, Act 533, § 1; Acts of 1993, Act 553, § 1; Acts of 1999, Act 216, § 1, eff. July 30, 1999; Acts of 2005, Act 680, § 1, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 41-801.

A.C.A. § 5-4-102

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 1. General Provisions

§ 5-4-102. Presentence examinations and investigations

(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

(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 Health and 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 Department of Correction or, when the defendant is committed to the custody of a specific institution, to that specific institution.

CREDIT(S)

Acts of 1975, Act 280, § 804; Acts of 1987, Act 487, § 2.

Formerly A.S.A. 1947, § 41-804.

A.C.A. § 5-4-103

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 1. General Provisions

§ 5-4-103. Court, jury, fixing punishment

(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.

CREDIT(S)

Acts of 1975, Act 280, § 802; Acts of 1993, Act 535, § 1; Acts of 1993, Act 551, § 1.

Formerly A.S.A. 1947, § 41-802.

A.C.A. § 5-4-104

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 1. General Provisions

§ 5-4-104. Punishment and sentences

(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.

(c)(1) A defendant convicted of a Class Y felony or murder in the second degree, § 5-10-103, shall be sentenced to a term of imprisonment in accordance with §§ 5-4-401--5-4-404.

(2) 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, to any one (1) or more of the following:

(A) Pay a fine as authorized by §§ 5-4-201 and 5-4-202;

(B) Make restitution as authorized by § 5-4-205; or

(d) A defendant convicted of an offense other than a Class Y felony, capital murder, § 5-10-101, treason, § 5-51-201, or murder in the second degree, § 5-10-103, 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 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; or

(vi) Engaging in a continuing criminal enterprise, § 5-64-405.

(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.

(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 of the Department of Human Services and that he or she previously has not been committed to the division on more than one (1) occasion, the court may sentence the offender under eighteen (18) years of age to the Department of Correction for a term of years, suspend the sentence, and commit him or her to the custody of the division.

(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 satisfactorily, the division 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 violate a rule of the division's program or facility or is otherwise not amenable to the division's rehabilitative effort, the division 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 Department of Correction.

(B) If the court finds that the offender under eighteen (18) years of age has violated a rule of the division's program or facility or is otherwise not amenable to the division's 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 Department 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.

CREDIT(S)

Acts of 1975, Act 280, § 803; Acts of 1981, Act 620, § 7; Acts of 1983, Act 409, § 1; Acts of 1987, Act 487, § 1; Acts of 1991, Act 608, §§ 1, 2; Acts of 1993, Act 192, § 1; Acts of 1993, Act 532, § 5, eff. March 16, 1993; Acts of 1993, Act 533, §§ 2, 3; Acts of 1993, Act 550, § 5, eff. March 16, 1993; Acts of 1993, Act 553, §§ 2, 3; Acts of 2001, Act 559, § 8, eff. Aug. 13, 2001; Acts of 2009, Act 748, § 3, eff. July 31, 2009; Acts of 2011, Act 570, §§ 3, 4, eff. July 27, 2011; Acts of 2011, Act 1120, §§ 1, 2, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-803.

VALIDITY

For validity of this section, see Miller v. Alabama, 2012 WL 2368659 (U.S.2012).

A.C.A. § 5-4-105

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 1. General Provisions

§ 5-4-105. Repealed by Acts of 2011, Act 626, § 1, eff. July 27, 2011

CREDIT(S)

Acts of 2011, Act 626, § 1, eff. July 27, 2011.

Formerly Acts of 2007, Act 744, § 1, eff. July 31, 2007; Acts of 2011, Act 570, § 5, eff. July 27, 2011.

A.C.A. § 5-4-201

Effective: July 1, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 2. Fines, Costs, and Restitution

§ 5-4-201. Imposition of fines

(a) A defendant convicted of a felony may be sentenced to pay a fine:

(1) Not exceeding fifteen thousand dollars ($15,000) if the conviction is of a Class A felony or Class B felony;

(2) Not exceeding ten thousand dollars ($10,000) if the conviction is of a Class C felony or Class D felony;

(3) In accordance with a limitation of the statute defining the felony if the conviction is of an unclassified felony.

(b) A defendant convicted of a misdemeanor may be sentenced to pay a fine:

(1) Not exceeding two thousand five hundred dollars ($2,500) if the conviction is of a Class A misdemeanor;

(2) Not exceeding one thousand dollars ($1,000) if the conviction is of a Class B misdemeanor;

(3) Not exceeding five hundred dollars ($500) if the conviction is of a Class C misdemeanor; or

(4) In accordance with a limitation of the statute defining the misdemeanor if the conviction is of an unclassified misdemeanor.

(1) Not exceeding one hundred dollars ($100) if the violation is defined by the Arkansas Criminal Code or defined by a statute enacted subsequent to January 1, 1976, that does not prescribe a different limitation on the amount of the fine; or

(2) In accordance with a limitation of the statute defining the violation if that statute prescribes limitations on the amount of the fine.

(d)(1) Notwithstanding a limit imposed by this section, if the defendant has derived pecuniary gain from commission of an offense, then upon conviction of the offense the defendant may be sentenced to pay a fine not exceeding two (2) times the amount of the pecuniary gain.

(2) As used in this subsection, “pecuniary gain” means the amount of money or the value of property derived from the commission of the offense, less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to a lawful authority prior to the time sentence is imposed.

(e) An organization convicted of an offense may be sentenced to pay a fine authorized by subsection (d) of this section or not exceeding two (2) times the maximum fine otherwise authorized upon conviction of the offense by subsections (a), (b), or (c) of this section.

(f)(1) Notwithstanding a limit imposed by this section or the section defining the felony offense, if a defendant has derived pecuniary gain from the commission of a felony offense under § 5-68-201 et seq., § 5-68-301 et seq., the Arkansas Law on Obscenity, § 5-68-401 et seq., or § 5-68-501 et seq., then upon conviction of the felony offense, the defendant may be sentenced to pay a fine not exceeding two hundred fifty thousand dollars ($250,000).

(2) As used in this subsection, “derived pecuniary gain” means that a defendant received income, benefit, property, money, or anything of value from the commission of a felony offense under § 5-68-201 et seq., § 5-68-301 et seq., the Arkansas Law on Obscenity, § 5-68-401 et seq., or § 5-68-501 et seq.

CREDIT(S)

Acts of 1975, Act 280, § 1101; Acts of 2007, Act 346, § 1, eff. March 19, 2007; Acts of 2009, Act 209, § 1, eff. July 1, 2009.

Formerly A.S.A. 1947, § 41-1101.

A.C.A. § 5-4-202

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 2. Fines, Costs, and Restitution

§ 5-4-202. Fines--Payment--Installments--Failure to make 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) If permission under subdivision (b)(1) of this section is not granted in the sentence, the fine or costs are payable immediately.

CREDIT(S)

Acts of 1975, Act 280, § 1102; Acts of 2011, Act 1120, § 3, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-1102.

A.C.A. § 5-4-203

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 2. Fines, Costs, and Restitution

§ 5-4-203. Repealed by Acts of 2009, Act 633, § 1, eff. July 31, 2009

CREDIT(S)

Acts of 2009, Act 633, § 1, eff. July 31, 2009.

Formerly A.S.A. 1947, § 41-1103; Acts of 1975, Act 280, § 1103; Acts of 1995, Act 1116, § 1; Acts of 2001, Act 1553, § 5, eff. Aug. 13, 2001; Acts of 2003, Act 110, § 1, eff. July 16, 2003.

A.C.A. § 5-4-204

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 2. Fines, Costs, and Restitution

§ 5-4-204. Enforcement of fines; judgments

(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.

CREDIT(S)

Acts of 1975, Act 280, § 1104.

Formerly A.S.A. 1947, § 41-1104.

A.C.A. § 5-4-205

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 2. Fines, Costs, and Restitution

§ 5-4-205. Restitution

(a)(1) A defendant who is found guilty or who enters a plea of guilty or nolo contendere to an offense may be ordered to pay restitution.

(2) If the court decides not to order restitution or orders restitution of only a portion of the loss suffered by the victim, the court shall state on the record in detail the reasons for not ordering restitution or for ordering restitution of only a portion of the loss.

(b)(1) Whether a trial court or a jury, the sentencing authority shall make a determination of actual economic loss caused to a victim by the offense.

(2) When an offense has resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant:

(A) Pay the cost of a necessary medical or related professional service or device relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing;

(B) Pay the cost of necessary physical and occupational therapy and rehabilitation;

(C)(i) Reimburse the victim for income lost by the victim as a result of the offense.

(ii) The maximum that a victim may recover for lost income is fifty thousand dollars ($50,000); and

(D) Pay an amount equal to the cost of a necessary funeral and related services in the case of an offense that resulted in bodily injury that also resulted in the death of a victim.

(3) When an offense has not resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant reimburse the victim for income lost by the victim as a result of the offense.

(4)(A) The determination of the amount of loss is a factual question to be decided by the preponderance of the evidence presented to the sentencing authority during the sentencing phase of a trial.

(B) The amount of loss may be decided by agreement between a defendant and the victim represented by the prosecuting attorney.

(5) If any item listed in subdivision (b)(2) of this section has been paid by the Crime Victims Reparations Board and the court orders restitution, the restitution order shall provide that the board is to be reimbursed by the defendant.

(c)(1) As used in this section and in any provision of law relating to restitution, “victim” means any person, partnership, corporation, or governmental entity or agency that suffers property damage or loss, monetary expense, or physical injury or death as a direct or indirect result of the defendant's offense or criminal episode.

(2) “Victim” includes a victim's estate if the victim is deceased and a victim's next of kin if the victim is deceased as a result of the offense.

(d) A record of a defendant shall not be expunged under § 16-90-901 et seq. until all court-ordered restitution has been paid.

(e)(1) Restitution shall be made immediately unless prior to the imposition of sentence the court determines that the defendant should be:

(A) Given a specified time to pay; or

(B)(i) Allowed to pay in specified installments.

(ii) If a court authorizes payment of restitution by a defendant in specified installments, a monthly installment fee of five dollars ($5.00) shall be assessed on the defendant for making restitution payments on an installment basis in addition to the restitution and other assessments authorized.

(iii) The monthly installment fee under subdivision (e)(1)(B)(ii) of this section shall be remitted to the collecting official to be used to defray the cost of restitution collection.

(iv) A district court may order installment payments of restitution to be collected first in lieu of the procedure under § 16-10-209(5)(F).

(2) In determining the method of payment, the court shall take into account:

(A) The financial resources of the defendant and the burden that payment of restitution will impose with regard to another obligation of the defendant;

(B) The ability of the defendant to pay restitution on an installment basis or on another condition to be fixed by the court; and

(f)(1) If the defendant is placed on probation or any form of conditional release, any restitution ordered under this section is a condition of the suspended imposition of sentence, probation, parole, or transfer.

(2) The court may revoke probation and any agency establishing a condition of release may revoke the conditional release if the defendant fails to comply with the order and if the defendant has not made a good faith effort to comply with the order.

(3) In determining whether to revoke probation or conditional release, the court or releasing authority shall consider:

(A) The defendant's employment status;

(B) The defendant's earning ability;

(D) The willfulness of the defendant's failure to pay; and

(E) Any other special circumstances that may have a bearing on the defendant's ability to pay.

(g)(1) The court shall enter a judgment against the defendant for the amount determined under subdivision (b)(4) of this section.

(2) The judgment may be enforced by the state or a beneficiary of the judgment in the same manner as a judgment for money in a civil action.

(3) A judgment under this section may be discharged by a settlement between the defendant and the beneficiary of the judgment.

(4) The court shall determine priority among multiple beneficiaries on the basis of:

(A) The seriousness of the harm each beneficiary suffered;

(B) The other resources of the beneficiaries; and

(5) If more than one (1) defendant is convicted of the crime for which there is a judgment under this section, the defendants are jointly and severally liable for the judgment unless the court determines otherwise.

(6)(A) A judgment shall require payment to the Department of Community Correction.

(B) The department shall provide for supervision and disbursement of funds under subdivision (g)(6)(A) of this section by the department's authorized economic sanction officers.

(h)(1) A judgment under this section does not bar a remedy available in a civil action under other law.

(2) A payment under this section shall be credited against a money judgment obtained by the beneficiary of the payment in a civil action.

(3) A determination under this section and the fact that payment was or was not ordered or made:

(A) Are not admissible in evidence in a civil action; and

(B) Do not affect the merits of a civil action.

CREDIT(S)

Acts of 1993, Act 533, § 4; Acts of 1993, Act 553, § 4; Acts of 2001, Act 1059, § 1, eff. Aug. 13, 2001; Acts of 2003, Act 1336, § 1; Acts of 2009, Act 633, § 2, eff. July 31, 2009; Acts of 2009, Act 770, § 1, eff. July 31, 2009.

Formerly A.C.A. §§ 16-90-303, 16-90-304, 16-90-306.

A.C.A. T. 5, Subt. 1, Ch. 4, Subch. 3, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation

A.C.A. § 5-4-301

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation (Refs & Annos)

§ 5-4-301. Crimes for which suspension or probation prohibited--Criteria for suspension or probation in other cases

(a)(1) A court shall not suspend imposition of sentence as to a term of imprisonment or place a defendant on probation for the following offenses:

(A) Capital murder, § 5-10-101;

(B) Treason, § 5-51-201;

(C) A Class Y felony, except to the extent suspension of an additional term of imprisonment is permitted in § 5-4-104(c);

(D) Driving while intoxicated, § 5-65-103;

(E) Murder in the second degree, § 5-10-103, except to the extent suspension of an additional term of imprisonment is permitted in § 5-4-104(c); or

(F) Engaging in a continuing criminal enterprise, § 5-64-405.

(2) If it is determined pursuant to § 5-4-502 that a defendant has previously been convicted of two (2) or more felonies, the court shall not:

(A) Suspend imposition of sentence; or

(B) Place the defendant on probation.

(b) In making a determination as to suspension or probation, the court shall consider whether:

(1) There is undue risk that during the period of a suspension or probation the defendant will commit another offense;

(2) The defendant is in need of correctional treatment that can be provided most effectively by his or her commitment to an institution;

(3) Suspension or probation will discount the seriousness of the defendant's offense; or

(4) The defendant has the means available or is so gainfully employed that restitution or compensation to the victim of the defendant's offense will not cause an unreasonable financial hardship and will be beneficial to the rehabilitation of the defendant.

(c) While not controlling the discretion of the court, the following grounds shall be accorded weight in favor of suspension or probation:

(1) The defendant's conduct neither caused nor threatened serious harm;

(2) The defendant did not contemplate that his or her conduct would cause or threaten serious harm;

(3) The defendant acted under strong provocation;

(4) There was a substantial ground tending to excuse or justify the defendant's conduct, though failing to establish a defense;

(5) The victim of the offense induced or facilitated its commission;

(6) The defendant has compensated or will compensate the victim of the offense for the damage or injury that the victim sustained;

(7) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present offense;

(8) The defendant's conduct was the result of circumstances unlikely to recur;

(9) The character and attitude of the defendant indicate that he or she is unlikely to commit another offense;

(10) The defendant is particularly likely to respond affirmatively to suspension or probation;

(11) The imprisonment of the defendant would entail excessive hardship to the defendant or to a dependent of the defendant;

(12) The defendant is elderly or in poor health; or

(13) The defendant cooperated with law enforcement authorities in his or her own prosecution or in bringing another offender to justice.

(d)(1) When the court suspends the imposition of sentence on a defendant or places him or her on probation, the court shall enter a judgment of conviction only if the court sentences the defendant to:

(A) Pay a fine and suspends imposition of sentence as to imprisonment or places the defendant on probation; or

(B) A term of imprisonment and suspends imposition of sentence as to an additional term of imprisonment.

(2) The entry of a judgment of conviction does not preclude:

(A) The modification of the original order suspending the imposition of sentence on a defendant or placing a defendant on probation following a revocation hearing held pursuant to § 16-93-307; and

(B) A modification set within the limits of §§ 16-93-309 and 16-93-312.

CREDIT(S)

Acts of 1975, Act 280, § 1201; Acts of 1977, Act 474, §§ 2, 8; Acts of 1977, Act 482, § 2; Acts of 1991, Act 608, § 3; Acts of 1993, Act 192, § 2; Acts of 1999, Act 1569, § 1, eff. April 15, 1999; Acts of 2009, Act 748, § 4, eff. July 31, 2009; Acts of 2011, Act 570, § 6, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-1201.

A.C.A. § 5-4-302

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation (Refs & Annos)

§ 5-4-302. Sentence; non-code crimes

When a defendant who pleads or is found guilty of an offense defined by a statute not a part of the Arkansas Criminal Code is eligible for suspension or probation pursuant to that statute, the court may make any disposition permitted by that statute.

CREDIT(S)

Acts of 1975, Act 280, § 1202.

Formerly A.S.A. 1947, § 41-1202.

A.C.A. § 5-4-303

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation (Refs & Annos)

§ 5-4-303. Conditions of suspension or probation

(a) If a court suspends imposition of sentence on a defendant or places him or her on probation, the court shall attach such conditions as are reasonably necessary to assist the defendant in leading a law-abiding life.

(b) The court shall provide as an express condition of every suspension or probation that the defendant not commit an offense punishable by imprisonment during the period of suspension or probation.

(c) If the court suspends imposition of sentence on a defendant or places him or her on probation, as a condition of its order the court may require that the defendant:

(1) Support his or her dependents and meet his or her family responsibilities;

(2) Work faithfully at suitable employment;

(3) Pursue a prescribed secular course of study or vocational training designed to equip him or her for suitable employment;

(4) Undergo available medical or psychiatric treatment and enter and remain in a specified institution when required for medical or psychiatric treatment;

(5) Participate in a community-based rehabilitative program or work-release program that uses practices proven to reduce recidivism and for which the court may impose a reasonable fee or assessment on the defendant to be used in support of the community-based rehabilitative program or work-release program;

(6) Refrain from frequenting an unlawful or designated place or consorting with a designated person;

(7) Have no firearm in his or her possession;

(8) Make restitution to an aggrieved party in an amount the defendant can afford to pay for the actual loss or damage caused by his or her offense;

(9) Post a bond, with or without surety, conditioned on the performance of a prescribed condition; and

(10) Satisfy any other condition reasonably related to the rehabilitation of the defendant and not unduly restrictive of his or her liberty or incompatible with his or her freedom of conscience.

(d) If the court places a defendant on probation, as a condition of its order the court may require that the defendant:

(1) Report as directed to the court or the probation officer and permit the probation officer to visit the defendant at the defendant's place of employment or elsewhere;

(2) Remain within the jurisdiction of the court unless granted permission to leave by the court or the probation officer; and

(3) Answer any reasonable inquiry by the court or the probation officer and promptly notify the court or probation officer of any change in address or employment.

(e) If the court suspends imposition of sentence on a defendant or places him or her on probation, the defendant shall be given a written statement explicitly setting forth the conditions under which he or she is being released.

(f)(1) If the court suspends imposition of sentence on a defendant or places him or her on probation conditioned upon his or her making restitution under subdivision (c)(8) of this section, the court, by concurrence of the victim, defendant, and the prosecuting authority, shall determine the amount to be paid as restitution.

(2) After considering the assets, financial condition, and occupation of the defendant, the court shall further determine:

(A) Whether restitution shall be total or partial;

(B) The amounts to be paid if by periodic payments; and

(C) If a personal service is contemplated, the reasonable value and rate of compensation for the personal service rendered to the victim.

(g)(1) In a case in which counsel has been appointed to represent a defendant due to the defendant's indigency and the court suspends imposition of sentence or places a defendant on probation at the time of disposition, the court shall revisit the issue of the defendant's indigency.

(2)(A) When appropriate and when the defendant is financially able to do so, the court may assess an attorney's fee to be paid by the defendant as part of his or her suspension or probation.

(B) The amount of the assessed attorney's fee shall be commensurate with the defendant's ability to pay.

(C) The assessed attorney's fee shall be paid to the state as a means of partial reimbursement for providing appointed counsel.

(3) In no event is failure to pay an assessed attorney's fee, standing alone, a ground for the revocation of a suspension or probation.

(4)(A) The assessed attorney's fee under subdivision (g)(2) of this section shall be collected by the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in a circuit court or district court of this state.

(B) On or before the tenth day of each month, the county or city official, agency, or department described in subdivision (g)(4)(A) of this section shall remit any assessed attorney's fee collected to the Arkansas Public Defender Commission on a form provided by the commission.

(C) The commission shall deposit the money collected into a separate account within the State Central Services Fund to be known as “Public Defender Attorney Fees” to be used solely to defray costs for the commission.

CREDIT(S)

Acts of 1975, Act 280, § 1203; Acts of 1977, Act 474, §§ 3, 9; Acts of 1977, Act 482, § 3; Acts of 1985, Act 315, § 1; Acts of 1989, Act 305, § 1; Acts of 1993, Act 119, § 1; Acts of 1997, Act 281, § 1; Acts of 1999, Act 231, § 1, eff. July 30, 1999; Acts of 1999, Act 1081, § 6, eff. July 30, 1999; Acts of 1999, Act 1564, § 6, eff. April 15, 1999; Acts of 1999, Act 1569, § 2, eff. April 15, 1999; Acts of 2003, Act 1765, § 1, eff. July 16, 2003; Acts of 2011, Act 570, § 7, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-1203.

A.C.A. § 5-4-304

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation (Refs & Annos)

§ 5-4-304. Confinement as condition of suspension or probation

(a) If a court suspends the imposition of sentence on a defendant or places him or her on probation, the court may require as an additional condition of its order that the defendant serve a period of confinement in the county jail, city jail, or other authorized local detention, correctional, or rehabilitative facility at any time or consecutive or nonconsecutive intervals within the period of suspension or probation as the court shall direct.

(b) An order that the defendant serve a period of confinement as a condition of suspension or probation is not deemed a sentence to a term of imprisonment, and a court does not need to enter a judgment of conviction before imposing a period of confinement as a condition of suspension or probation.

(c)(1)(A) The period actually spent in confinement pursuant to this section in a county jail, city jail, or other authorized local detention, correctional, or rehabilitative facility shall not exceed:

(i) One hundred twenty (120) days in the case of a felony; or

(ii) Thirty (30) days in the case of a misdemeanor.

(B) In the case of confinement to a facility in the Department of Community Correction, the period actually spent in confinement under this section shall not exceed three hundred sixty-five (365) days.

(2) For purposes of this subsection, any part of a twenty-four-hour period spent in confinement constitutes a day of confinement.

CREDIT(S)

Acts of 1975, Act 280, § 1204; Acts of 1993, Act 532, § 6, eff. Jan. 1, 1994; Acts of 1993, Act 550, § 6, eff. Jan. 1, 1994; Acts of 1999, Act 1569, § 3, eff. April 15, 1999; Acts of 2003, Act 1742, § 1, eff. July 16, 2003; Acts of 2005, Act 1443, § 1, eff. Aug. 12, 2005; Acts of 2011, Act 570, § 8, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-1204.

A.C.A. § 5-4-305

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation (Refs & Annos)

§ 5-4-305. Appeals following probation, suspension

(a) If a court suspends imposition of sentence on a defendant or places him or her on probation, the fact that a judgment of conviction is not entered does not preclude:

(1) An appeal on the basis of any error in the adjudication of guilt or any error in the entry of the order of the suspension or probation; or

(2) The imposition of any costs authorized by law.

(b) An appeal following a suspension or probation may be taken by filing notice of appeal in the manner prescribed by law within thirty (30) days after the docket entry of the suspension or probation.

CREDIT(S)

Acts of 1975, Act 280, § 1211.

Formerly A.S.A. 1947, § 41-1211.

A.C.A. § 5-4-306

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation (Refs & Annos)

§ 5-4-306. Time period generally

If a court suspends imposition of sentence on a defendant or places him or her on probation, the period of suspension or probation shall be for a definite period of time not to exceed the maximum jail or prison sentence allowable for the offense charged.

CREDIT(S)

Acts of 1975, Act 280, § 1205; Acts of 1977, Act 772, § 1; Acts of 1999, Act 1569, § 4, eff. April 15, 1999; Acts of 2011, Act 570, § 9, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-1205.

A.C.A. § 5-4-307

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation (Refs & Annos)

§ 5-4-307. Commencement; suspension or probation

(a) Except as provided in subsection (c) of this section, a period of suspension or probation commences to run on the day it is imposed.

(b)(1) Whether imposed at the same or a different time, multiple periods of suspension or probation run concurrently.

(2) The period of a suspension or probation also runs concurrently with any federal or state term of imprisonment or parole to which a defendant is or becomes subject to during the period of the suspension or probation.

(c) If a court sentences a defendant to a term of imprisonment and suspends imposition of sentence as to an additional term of imprisonment, the period of the suspension commences to run on the day the defendant is lawfully set at liberty from the imprisonment.

CREDIT(S)

Acts of 1975, Act 280, § 1206.

Formerly A.S.A. 1947, § 41-1206.

A.C.A. § 5-4-308

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation (Refs & Annos)

§§ 5-4-308 to 5-4-311. Repealed by Acts of 2011, Act 570, §§ 10 to 13, eff. July 27, 2011

CREDIT(S)

Acts of 2011, Act 570, §§ 10 to 13, eff. July 27, 2011.

Formerly A.S.A. 1947, §§ 41-1207 to 41-1210; Acts of 1975, Act 280, §§ 1207 to 1210; Acts of 1977, Act 474, § 10; Acts of 1995, Act 998, § 1; Acts of 1999, Act 847, § 1, eff. July 30, 1999; Acts of 1999, Act 1407, § 2, eff. July 30, 1999; Acts of 2003, Act 841, § 1, eff. July 16, 2003; Acts of 2005, Act 1534, § 1, eff. Aug. 12, 2005; Acts of 2009, Act 633, § 3, eff. July 31, 2009.

A.C.A. § 5-4-309

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation (Refs & Annos)

§§ 5-4-308 to 5-4-311. Repealed by Acts of 2011, Act 570, §§ 10 to 13, eff. July 27, 2011

CREDIT(S)

Acts of 2011, Act 570, §§ 10 to 13, eff. July 27, 2011.

A.C.A. § 5-4-310

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation (Refs & Annos)

§§ 5-4-308 to 5-4-311. Repealed by Acts of 2011, Act 570, §§ 10 to 13, eff. July 27, 2011

CREDIT(S)

Acts of 2011, Act 570, §§ 10 to 13, eff. July 27, 2011.

A.C.A. § 5-4-311

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation (Refs & Annos)

§§ 5-4-308 to 5-4-311. Repealed by Acts of 2011, Act 570, §§ 10 to 13, eff. July 27, 2011

CREDIT(S)

Acts of 2011, Act 570, §§ 10 to 13, eff. July 27, 2011.

A.C.A. § 5-4-312

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation (Refs & Annos)

§ 5-4-312. Presentence investigation--Placement in a community corrections program

(a)(1) A court may require that either a presentence investigation be conducted by either the probation officer or presentence investigation officer assigned to the court or that the defense counsel of a defendant, the prosecuting attorney, a probation officer, and other persons whom the court believes have information relevant to the sentencing of the defendant submit to the court the information in writing prior to sentencing.

(2) The presentence investigation or information submitted by the persons described in subdivision (a)(1) of this section shall be forwarded with the commitment order to the circuit clerk and retained in the defendant's case file.

(b) Upon determination by a court that a defendant is an eligible offender and that placement in a community correction program under § 16-93-1201 et seq. is proper, the court may:

(1)(A) Suspend the imposition of the sentence or place the defendant on probation, under §§ 5-4-104, 5-4-201 et seq., 5-4-301 -- 5-4-307, and 16-93-314.

(B) A sentence under subdivision (b)(1)(A) of this section may be accompanied by assignment to a community correction program under § 16-93-1201 et seq. for a designated period of time commensurate with the goals of the community correction program assignment and the rules established by the Board of Corrections for the operation of community correction programs.

(C) The court shall maintain jurisdiction over the defendant sentenced under subdivision (b)(1)(A) of this section with supervision outside the confines of the specific programming provided by probation officers assigned to the court.

(D)(i) If a person sentenced under subdivision (b)(1)(A) of this section violates any term or condition of his or her sentence or term of probation, revocation of the sentence or term of probation shall be consistent with the procedures established by law for the revocation of suspended imposition of sentence or probation.

(ii) Upon revocation as described in subdivision (b)(1)(D)(i) of this section, the court shall determine whether the defendant shall remain under the jurisdiction of the court and be assigned to a more restrictive community correction program, facility, or institution for a period of time or committed to the Department of Correction.

(iii) If the defendant is committed to the Department of Correction under subdivision (b)(1)(D)(ii) of this section, the court shall specify if the commitment is for judicial transfer of the offender to the Department of Community Correction or is a commitment to the Department of Correction; or

(2)(A) Commit the defendant to the custody of the Department of Correction for judicial transfer to the Department of Community Correction subject to the following:

(i) That the sentence imposed provides that the defendant shall not serve more than two (2) years of confinement, with credit for meritorious good time, with initial placement in a Department of Community Correction facility; and

(ii) That the initial placement in the Department of Community Correction facility is conditioned upon the defendant's continuing eligibility for Department of Community Correction placement and the defendant's compliance with all applicable rules established by the board for community correction programs.

(B) Post-prison supervision of the defendant shall accompany and follow the community correction program when appropriate.

(c) A defendant may not be excluded from placement in a community correction program under this section based solely on the defendant's inability to speak, read, write, hear, or understand English.

CREDIT(S)

Acts of 2011, Act 570, § 14, eff. July 27, 2011.

A.C.A. § 5-4-313

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation (Refs & Annos)

§ 5-4-313. Placement in a drug treatment program--Drug court alternative

If a judicial district has one (1) or more of the following programs in place at the time of a defendant's sentencing for a felony, a court may sentence the defendant to:

(1) A posttrial treatment program for drug abuse under § 16-98-201; or

(2) Drug court under the Arkansas Drug Court Act, § 16-98-301 et seq.

CREDIT(S)

Acts of 2011, Act 570, § 14, eff. July 27, 2011.

A.C.A. § 5-4-314

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation (Refs & Annos)

§§ 5-4-314 to 5-4-319. Reserved

A.C.A. § 5-4-319

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation (Refs & Annos)

§§ 5-4-314 to 5-4-319. Reserved

A.C.A. § 5-4-320

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation (Refs & Annos)

§ 5-4-320. Correction facility observations; felons

(a) Any person who pleads guilty or nolo contendere or is found guilty in any circuit court of this state of a felony and whose sentence of imprisonment is placed on suspension or who is placed on probation may be ordered by the circuit court to report to an appropriate Department of Correction facility on a date certain to be scheduled by the department for the duration of that work day to observe the operation of the department's facility.

(b) The person convicted of the felony shall bear the cost of transportation to and from the department's facility.

CREDIT(S)

Acts of 1985, Act 548, § 1.

Formerly A.S.A. 1947, § 41-1212.

A.C.A. § 5-4-321

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation (Refs & Annos)

§ 5-4-321. Judgments, postponements; traffic misdemeanors

(a) In a misdemeanor traffic misdemeanor case, other than a case involving driving under the influence of alcohol or a drug, a judge may postpone a judgment for not more than one (1) year, and during the one (1) year period a defendant:

(1) Is in a probation status, supervised or unsupervised; and

(2) Remains in a probation status until a judgment is entered.

(b) At the request of a defendant, parent of a minor defendant, or counsel for a defendant, judgment shall be entered as quickly as feasible and not more than ten (10) days following the request.

(c) At the request of a defendant, parent of a minor defendant, or counsel for a defendant, probation may be continued and judgment postponed for more than one (1) year.

CREDIT(S)

Acts of 1985, Act 967, §§ 1, 2; Acts of 1987, Act 457, § 1.

Formerly A.S.A. 1947, §§ 75-1059, 75-1060.

A.C.A. § 5-4-322

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation (Refs & Annos)

§ 5-4-322. Fine and probation fee or public service work fee authorized

(a)(1) A district court or city court may:

(A) Place a defendant on probation or sentence him or her to public service work; and

(B) As a condition of its order, require the defendant to pay a:

(i) Fine in one (1) or several sums; and

(ii) Probation fee or a public service work supervisory fee in an amount to be established by the district court or city court.

(2)(A) The broad objective of probation is to educate and rehabilitate a person placed on probation.

(B) A condition for probation shall bear a reasonable relationship to the offense committed or to future criminality and be reasonably necessary to assist the defendant in leading a law-abiding life.

(3)(A) A condition of probation shall be closely monitored and supervised by the district court or city court or by a probation officer.

(B) The district court or city court shall determine if a condition of probation is in compliance with the provisions of subdivision (a)(2) of this section.

(b)(1) This section regarding probation and probation fees does not apply when the defendant is charged with violating the Omnibus DWI Act, § 5-65-101 et seq., or the Underage DUI Law, § 5-65-301 et seq.

(2) When the defendant is charged with violating the Omnibus DWI Act, § 5-65-101 et seq., the district court or city court may require the defendant to pay a public service work supervisory fee in an amount to be established by it if the district court or city court orders public service in lieu of jail pursuant to § 5-65-111.

(3) When the defendant is charged with violating the Underage DUI Law, § 5-65-301 et seq., the district court or city court may require the defendant to pay a public service work supervisory fee in an amount to be established by it for any public service work ordered by the district court or city court.

(c) This section is supplemental to any other law allowing a district court or city court to attach a condition on an order of probation.

(d)(1) Except as provided in subsection (e) of this section, no district court or city court may impose a probation fee in any case in which the only sentence available is a monetary fine, court costs, or if applicable, restitution.

(2) In a case described in subdivision (d)(1) of this section, a defendant may be given time to make the payments, and the installment payment fee in § 16-13-704 is the only fee authorized for administering those accounts.

(3) If the sentence available includes imprisonment, probation and probation fees may be ordered in lieu of imprisonment.

(e) If a fine is an authorized sentence, the fine may be suspended and probation and a probation fee may be ordered in lieu of the fine.

(f)(1) A probation fee shall be collected in full for each month in which a defendant is on probation.

(2) The probation fee shall accrue for each month that a defendant does not make a payment and the defendant remains on probation as ordered by the district court or city court.

CREDIT(S)

Acts of 1991, Act 190, § 1; Acts of 1993, Act 777, § 1; Acts of 2001, Act 1809, § 4, eff. Aug. 13, 2001; Acts of 2003, Act 1765, § 2, eff. July 16, 2003; Acts of 2005, Act 2239, § 1, eff. Aug. 12, 2005.

A.C.A. § 5-4-323

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 3. Suspension or Probation (Refs & Annos)

§ 5-4-323. Additional conditions--High school diploma or general education development certificate--Employment training

(a)(1) As an additional requirement for suspension of sentence or probation, a court may require any person who is sentenced for a felony or a Class A misdemeanor to make a good faith effort toward completion of a high school diploma or a general education development certificate unless the person has already achieved a high school diploma or a general education development certificate.

(2) The additional requirement under subdivision (a)(1) of this section shall be implemented only:

(A) After the appropriate school or adult education program has received notice from the court at least ten (10) working days prior to the person's making application to enroll so as to allow a school or adult education program official to review the person's educational records; and

(B) Upon the acceptance of the person by the administrative head of the school or adult education program.

(3) If no appropriate school or adult education program can be found, the additional requirement under subdivision (a)(1) of this section is of no effect.

(4) In the alternative, the court may allow the defendant to pursue a prescribed course of study or vocational training approved by the court that is designed to equip him or her for suitable employment.

(5)(A) After consultation with the school or the adult education program, the court shall determine the appropriate documentation for a person participating under a provision of this section and shall report any documentation of school or adult education program participation on a quarterly basis to the Administrative Office of the Courts.

(B) The office shall then report to the Department of Career Education.

(b)(1) Unless the person is employed or has a skill that will facilitate immediate employment, the court may require any person sentenced for a felony or a Class A misdemeanor to make a good faith effort toward obtaining gainful employment by participating in an appropriate employment training program as an additional requirement for suspension of sentence or probation.

(2)(A) The additional requirement under subdivision (b)(1) of this section shall be implemented by the person's reporting to the local workforce center for registration, intake, and employability skills assessment.

(B) If the person is on probation, the additional requirement under subdivision (b)(1) of this section shall be accomplished in conjunction with the probation officer.

(C) In addition to the employability skills assessment, the person shall register for employment with the local workforce center and upon obtaining employment shall communicate the event to the:

(i) Court if on suspension of sentence; or

(ii) Probation officer if on probation.

(1) Has been enrolled in a program of instruction leading to a high school diploma or a general education development certificate and is attending a school or an adult education course; or

(2) Is registered for employment and enrolled and participating in an employment-training program with the purpose of obtaining gainful employment.

(d) A person who fails to make a good faith effort to comply with a court order issued under this section upon conviction is guilty of a violation and shall be punished by a fine of at least one hundred dollars ($100) but not more than one thousand dollars ($1,000).

CREDIT(S)

Acts of 1991, Act 857, § 1; Acts of 1993, Act 343, § 1; Acts of 1993, Act 1267, § 1; Acts of 1994, 2nd Ex. Sess., Act 30, § 4, eff. Aug. 24, 1994; Acts of 1994, 2nd Ex. Sess., Act 31, § 4, eff. Aug. 24, 1994; Acts of 1999, Act 1323, § 2, eff. July 30, 1999; Acts of 2003, Act 1006, § 1, eff. July 16, 2003; Acts of 2007, Act 827, § 14, eff. July 31, 2007; Acts of 2011, Act 570, §§ 15 to 17, eff. July 27, 2011.

A.C.A. § 5-4-401

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 4. Imprisonment

§ 5-4-401. Felonies, incarceration

(a) A defendant convicted of a felony shall receive a determinate sentence according to the following limitations:

(1) For a Class Y felony, the sentence shall be not less than ten (10) years and not more than forty (40) years, or life;

(2) For a Class A felony, the sentence shall be not less than six (6) years nor more than thirty (30) years;

(3) For a Class B felony, the sentence shall be not less than five (5) years nor more than twenty (20) years;

(4) For a Class C felony, the sentence shall be not less than three (3) years nor more than ten (10) years;

(5) For a Class D felony, the sentence shall not exceed six (6) years; and

(6) For an unclassified felony, the sentence shall be in accordance with a limitation of the statute defining the felony.

(b) A defendant convicted of a misdemeanor may be sentenced according to the following limitations:

(1) For a Class A misdemeanor, the sentence shall not exceed one (1) year;

(2) For a Class B misdemeanor, the sentence shall not exceed ninety (90) days;

(3) For a Class C misdemeanor, the sentence shall not exceed thirty (30) days; and

(4) For an unclassified misdemeanor, the sentence shall be in accordance with a limitation of the statute defining the misdemeanor.

CREDIT(S)

Acts of 1975, Act 280, § 901; Acts of 1977, Act 474, § 3; Acts of 1981, Act 620, § 8; Acts of 1983, Act 409, § 2.

Formerly A.S.A. 1947, § 41-901.

A.C.A. § 5-4-402

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 4. Imprisonment

§ 5-4-402. Place of imprisonment

(a) Except as provided in §§ 5-4-304 and 16-93-708, a defendant convicted of a felony and sentenced to imprisonment shall be committed to the custody of the Department of Correction for the term of his or her sentence or until released in accordance with law.

(b) Except as provided in § 16-93-708, a defendant convicted of a misdemeanor and sentenced to imprisonment shall be committed to the county jail or other authorized institution designated by the court for the term of his or her sentence or until released in accordance with law.

(c) Except as provided in § 5-4-304 or § 16-93-708, a defendant convicted of a felony violation of § 5-64-419--§ 5-64-442 and sentenced to imprisonment shall be committed to the custody of the Department of Correction for the term of his or her sentence or until released in accordance with law.

(d)(1)(A) A juvenile sentenced in circuit court who is less than sixteen (16) years of age when sentenced shall be committed to the custody of the Division of Youth Services of the Department of Human Services until his or her sixteenth birthday, at which time he or she shall be transferred to the Department of Correction, except as provided by court order or parole decision made by the Parole Board.

(B) Any record from the division shall be transferred to the Department of Correction at the time the juvenile is transferred.

(2) A juvenile less than sixteen (16) years of age who is awaiting transfer to the Department of Correction shall be segregated from the general delinquency population housed at the division.

(e)(1) With the consent and approval of the division, the Department of Correction may transfer from the Department of Correction to the division any inmate less than eighteen (18) years of age who, in the opinion of the Department of Correction and the division, is more suited and adaptable by age, physical size, and temperament to a program of the Department of Human Services.

(2)(A) An inmate transferred to the division shall be segregated from the general delinquency population housed at the division.

(B) If an inmate violates a rule of the division's program or facility or is otherwise not amenable to the division's rehabilitative effort, the division may return the inmate to the Department of Correction.

(3) Any inmate transferred to the division under this subsection shall be returned to the Department of Correction on the inmate's eighteenth birthday.

CREDIT(S)

Acts of 1975, Act 280, § 902; Acts of 1985, Act 982, § 1; Acts of 1999, Act 1192, § 11, eff. July 30, 1999; Acts of 2001, Act 559, § 9, eff. Aug. 13, 2001; Acts of 2005, Act 680, § 2, eff. Aug. 12, 2005; Acts of 2011, Act 570, § 18, eff. July 27, 2011; Acts of 2011, Act 1120, § 4, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-902.

A.C.A. § 5-4-403

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 4. Imprisonment

§ 5-4-403. Multiple sentences--Concurrent and consecutive terms

(a) When multiple sentences of imprisonment are imposed on a defendant convicted of more than one (1) offense, including an offense for which a previous suspension or probation has been revoked, the sentences shall run concurrently unless, upon recommendation of the jury or the court's own motion, the court orders the sentences to run consecutively.

(b) When a sentence of imprisonment is imposed on a defendant who has previously been sentenced to imprisonment, whether by a court of this state, a court of another state, or a federal court, the subsequent sentence shall run concurrently with any undischarged portion of the previous sentence unless, upon recommendation of the jury or the court's own motion, the court imposing the subsequent sentence orders it to run consecutively with the previous sentence.

(1) A sentence of imprisonment for a misdemeanor and a sentence of imprisonment for a felony shall run concurrently, and both sentences are satisfied by service of sentence for a felony; and

(2) The aggregate of consecutive terms for misdemeanors shall not exceed one (1) year.

(d) The court is not bound by a recommendation of the jury concerning a sentencing option under this section.

CREDIT(S)

Acts of 1975, Act 280, § 903; Acts of 2001, Act 1644, § 1, eff. Aug. 13, 2001.

Formerly A.S.A. 1947, § 41-903.

A.C.A. § 5-4-404

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 4. Imprisonment

§ 5-4-404. Credit for time spent in custody

If a defendant is held in custody for conduct that results in a sentence to imprisonment or confinement as a condition of suspension or probation, the court, the Department of Correction, or the Department of Community Correction shall credit the time spent in custody against the sentence, including time spent in a local jail facility awaiting transfer to the Department of Correction or the Department of Community Correction.

CREDIT(S)

Acts of 1975, Act 280, § 904; Acts of 2001, Act 1034, § 1, eff. Aug. 13, 2001.

Formerly A.S.A. 1947, § 41-904.

A.C.A. § 5-4-501

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 5. Extended Term of Imprisonment

§ 5-4-501. Habitual offenders -- Sentencing for felony

(a)(1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and to an extended term of imprisonment as set forth in subdivision (a)(2) of this section:

(A) A defendant who:

(i) Is convicted of a felony other than those enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and

(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies or who has been found guilty of more than one (1) but fewer than four (4) felonies;

(B) A defendant who:

(i) Is convicted of any felony enumerated in subsection (c) of this section committed after August 31, 1997; and

(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (c) of this section or who has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (c) of this section; or

(i) Is convicted of any felony enumerated in subsection (d) of this section committed after August 31, 1997; and

(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (d) of this section or has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (d) of this section.

(2) The extended term of imprisonment for a defendant described in subdivision (a)(1) of this section is as follows:

(A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than sixty (60) years, or life;

(B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6) years nor more than fifty (50) years;

(C) For a conviction of a Class B felony, a term of imprisonment of not less than five (5) years nor more than thirty (30) years;

(D) For a conviction of a Class C felony, a term of imprisonment of not less than three (3) years nor more than twenty (20) years;

(E) For a conviction of a Class D felony, a term of imprisonment of not more than twelve (12) years;

(F) For a conviction of an unclassified felony punishable by less than life imprisonment, a term of imprisonment not more than five (5) years more than the maximum sentence for the unclassified felony; and

(G) For a conviction of an unclassified felony punishable by life imprisonment, a term of imprisonment not less than ten (10) years nor more than fifty (50) years, or life.

(b)(1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and to an extended term of imprisonment as set forth in subdivision (b)(2) of this section:

(A) A defendant who:

(i) Is convicted of a felony other than a felony enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and

(ii) Has previously been convicted of four (4) or more felonies or who has been found guilty of four (4) or more felonies;

(B) A defendant who:

(i) Is convicted of any felony enumerated in subsection (c) of this section committed after June 30, 1997; and

(ii) Has previously been convicted of four (4) or more felonies not enumerated in subsection (c) of this section or who has been found guilty of four (4) or more felonies not enumerated in subsection (c) of this section; or

(i) Is convicted of any felony enumerated in subsection (d) of this section committed after June 30, 1997; and

(ii) Has previously been convicted of four (4) or more felonies not enumerated in subsection (d) of this section or who has been found guilty of four (4) or more felonies not enumerated in subsection (d) of this section.

(2) The extended term of imprisonment for a defendant described in subdivision (b)(1) of this section is as follows:

(A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than life;

(B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6) years nor more than sixty (60) years;

(C) For a conviction of a Class B felony, a term of imprisonment of not less than five (5) years nor more than forty (40) years;

(D) For a conviction of a Class C felony, a term of imprisonment of not less than three (3) years nor more than thirty (30) years;

(E) For a conviction of a Class D felony, a term of imprisonment of not more than fifteen (15) years;

(F) For a conviction of an unclassified felony punishable by less than life imprisonment, a term of imprisonment not more than two (2) times the maximum sentence for the unclassified felony offense; and

(G) For a conviction of an unclassified felony punishable by life imprisonment, a term of imprisonment not less than ten (10) years nor more than fifty (50) years, or life.

(c)(1) Except as provided in subdivision (c)(3) of this section, a defendant who is convicted of a serious felony involving violence enumerated in subdivision (c)(2) of this section and who previously has been convicted of one (1) or more of the serious felonies involving violence enumerated in subdivision (c)(2) of this section may be sentenced to pay any fine authorized by law for the serious felony involving violence conviction and shall be sentenced:

(A) To imprisonment for a term of not less than forty (40) years nor more than eighty (80) years, or life; and

(B) Without eligibility for parole or community correction transfer except under § 16-93-615.

(2) As used in this subsection, “serious felony involving violence” means:

(A) Any of the following felonies:

(i) Murder in the first degree, § 5-10-102;

(ii) Murder in the second degree, § 5-10-103;

(iii) Kidnapping, § 5-11-102, involving an activity making it a Class Y felony;

(iv) Aggravated robbery, § 5-12-103;

(v) Terroristic act, § 5-13-310, involving an activity making it a Class Y felony;

(vi) Rape, § 5-14-103;

(vii) Sexual assault in the first degree, § 5-14-124;

(viii) Causing a catastrophe, § 5-38-202(a); or

(ix) Aggravated residential burglary, § 5-39-204; or

(B) A conviction of a comparable serious felony involving violence from another jurisdiction.

(3) A defendant who is convicted of rape, § 5-14-103, or sexual assault in the first degree, § 5-14-124, involving a victim less than fourteen (14) years of age and who has previously been convicted of one (1) or more of the serious felonies involving violence enumerated in subdivision (c)(2) of this section may be sentenced to pay any fine authorized by law for the rape or sexual assault in the first degree conviction and shall be sentenced to life in prison without the possibility of parole.

(4)(A) The following procedure governs a trial at which a sentence to an extended term of imprisonment is sought pursuant to this subsection:

(i) The jury shall first hear all evidence relevant to the serious felony involving violence with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge;

(ii)(a) If the defendant is found guilty of the serious felony involving violence, out of the hearing of the jury the trial court shall hear evidence of whether the defendant has pleaded guilty or nolo contendere to or been found guilty of a prior serious felony involving violence and shall determine the number of prior serious felony involving violence convictions, if any.

(b) The defendant has the right to hear and controvert evidence described in subdivision (c)(4)(A)(ii)(a) of this section and to offer evidence in his or her support;

(iii)(a) The trial court shall then instruct the jury as to the number of prior convictions for a serious felony involving violence and the statutory sentencing range.

(b) The jury may be advised as to the nature of a prior serious felony involving violence conviction and the date and place of a prior serious felony involving violence conviction; and

(iv) The jury shall retire again and then determine a sentence within the statutory range.

(B) The determination of whether a felony conviction from another jurisdiction is comparable to an enumerated serious felony involving violence under Arkansas criminal law lies within the discretion of the trial judge at the time of sentencing.

(d)(1) A defendant who is convicted of a felony involving violence enumerated in subdivision (d)(2) of this section and who previously has been convicted of two (2) or more of the felonies involving violence enumerated in subdivision (d)(2) of this section may be sentenced to pay any fine authorized by law for the felony involving violence conviction and shall be sentenced to an extended term of imprisonment without eligibility for parole or community correction transfer except under § 16-93-615 as follows:

(A) For a conviction of a Class Y felony, a term of imprisonment of not less than life in prison;

(B) For a conviction of a Class A felony, a term of imprisonment of not less than forty (40) years nor more than life in prison;

(C) For a conviction of a Class B felony or for a conviction of an unclassified felony punishable by life imprisonment, a term of imprisonment of not less than thirty (30) years nor more than sixty (60) years;

(D) For a conviction of a Class C felony, a term of imprisonment of not less than twenty-five (25) years nor more than forty (40) years;

(E) For a conviction of a Class D felony, a term of imprisonment of not less than twenty (20) years nor more than forty (40) years; and

(F) For a conviction of an unclassified felony punishable by less than life imprisonment, a term of imprisonment not more than three (3) times the maximum sentence for the unclassified felony offense.

(2) As used in this subsection, “felony involving violence” means:

(A) Any of the following felonies:

(i) Murder in the first degree, § 5-10-102;

(ii) Murder in the second degree, § 5-10-103;

(iii) Kidnapping, § 5-11-102;

(iv) Aggravated robbery, § 5-12-103;

(v) Rape, § 5-14-103;

(vi) Battery in the first degree, § 5-13-201;

(vii) Terroristic act, § 5-13-310;

(viii) Sexual assault in the first degree, § 5-14-124;

(ix) Sexual assault in the second degree, § 5-14-125;

(x) Domestic battering in the first degree, § 5-26-303;

(xi) Aggravated residential burglary, § 5-39-204;

(xii) Unlawful discharge of a firearm from a vehicle, § 5-74-107;

(xiii) Criminal use of prohibited weapons, § 5-73-104, involving an activity making it a Class B felony; or

(xiv) A felony attempt, solicitation, or conspiracy to commit:

(a) Capital murder, § 5-10-101;

(b) Murder in the first degree, § 5-10-102;

(d) Kidnapping, § 5-11-102;

(e) Aggravated robbery, § 5-12-103;

(f) Rape, § 5-14-103;

(g) Battery in the first degree, § 5-13-201;

(h) Domestic battering in the first degree, § 5-26-303; or

(i) Aggravated residential burglary, § 5-39-204; or

(B) A conviction of a comparable felony involving violence from another jurisdiction.

(3)(A) The following procedure governs a trials [FN1] at which a sentence to an extended term of imprisonment is sought pursuant to this subsection:

(i) The jury shall first hear all evidence relevant to the felony involving violence with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge;

(ii)(a) If the defendant is found guilty of the felony involving violence, out of the hearing of the jury the trial court shall hear evidence of whether the defendant has pleaded guilty or nolo contendere to or been found guilty of two (2) or more prior felonies involving violence and shall determine the number of prior felony involving violence convictions, if any.

(b) The defendant has the right to hear and controvert evidence described in subdivision (d)(3)(A)(ii)(a) of this section and to offer evidence in his or her support;

(iii)(a) The trial court shall then instruct the jury as to the number of prior felony involving violence convictions and the statutory sentencing range.

(b) The jury may be advised as to the nature of a prior felony involving violence conviction and the date and place of a prior felony involving violence conviction; and

(iv) The jury shall retire again and then determine a sentence within the statutory range.

(B) The determination of whether a felony conviction from another jurisdiction is comparable to an enumerated felony involving violence under Arkansas criminal law lies within the discretion of the trial judge at the time of sentencing.

(e)(1) For the purpose of determining whether a defendant has previously been convicted or found guilty of two (2) or more felonies, a conviction or finding of guilt of burglary, § 5-39-201, and of the felony that was the object of the burglary are considered a single felony conviction or finding of guilt.

(2) A conviction or finding of guilt of an offense that was a felony under the law in effect prior to January 1, 1976, is considered a previous felony conviction or finding of guilt.

(f) For the purposes of determining whether a defendant has previously been convicted of a serious felony involving violence or a felony involving violence under subsections (c) and (d) of this section, the entry of a plea of guilty or nolo contendere or a finding of guilt by a court to a felony enumerated in subsections (c) and (d) of this section, respectively, as a result of which a court places the defendant on a suspended imposition of sentence, a suspended sentence, or probation, or sentences the defendant to the Department of Correction, is considered a previous felony conviction.

(g) Any defendant deemed eligible to be sentenced under a provision of both subsections (c) and (d) of this section shall be sentenced only under subsection (d) of this section.

(h) If the provisions of subsection (c) or (d) of this section, or both, are held invalid by a court, the defendant's case shall be remanded to the trial court for resentencing of the defendant under the provisions of subsections (a) and (b) of this section.

CREDIT(S)

Acts of 1975, Act 280, § 1001; Acts of 1977, Act 474, § 4; Acts of 1981, Act 620, § 9; Acts of 1983, Act 409, § 3; Acts of 1993, Act 532, § 7, eff. July 1, 1993; Acts of 1993, Act 550, § 7, eff. July 1, 1993; Acts of 1995, Act 1009, § 1; Acts of 1995, Act 1011, § 1; Acts of 1997, Act 1197, § 1; Acts of 2001, Act 1553, § 6, eff. Aug. 13, 2001; Acts of 2003, Act 1390, § 2, eff. July 16, 2003; Acts of 2006 (1st Ex. Sess.), Act 5, § 1, eff. July 21, 2006; Acts of 2007, Act 827, §§ 15, 16, eff. July 31, 2007; Acts of 2007, Act 852, § 1, eff. July 31, 2007; Acts of 2009, Act 1395, §§ 1, 2, eff. July 31, 2009; Acts of 2011, Act 570, §§ 19, 20, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-1001.

[FN1] So in original.

A.C.A. § 5-4-502

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 5. Extended Term of Imprisonment

§ 5-4-502. Recidivist sentencing, procedures; juries

The following procedure governs a trial at which a sentence to an extended term of imprisonment is sought pursuant to § 5-4-501:

(1) The jury shall first hear all evidence relevant to the felony with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge;

(2)(A) If the defendant is found guilty of the felony, out of the hearing of the jury the trial court shall hear evidence of the defendant's prior felony convictions or prior findings of the defendant's guilt of felonies and shall determine the number of prior felony convictions, if any.

(B) The defendant shall have the right to hear and controvert evidence described in subdivision (2)(A) of this section and to offer evidence in his or her support;

(3)(A) The trial court shall then instruct the jury as to the number of prior felony convictions and the statutory sentencing range.

(B) The jury may be advised as to the nature of a prior felony conviction and the date and place of a prior felony conviction; and

(4) The jury shall retire again and then determine a sentence within the statutory range.

CREDIT(S)

Acts of 1975, Act 280, § 1005; Acts of 1977, Act 474, § 7; Acts of 1981, Act 252, § 3.

Formerly A.S.A. 1947, § 41-1005.

A.C.A. § 5-4-503

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 5. Extended Term of Imprisonment

§ 5-4-503. Recidivists, convicted elsewhere

For purposes of § 5-4-501, a conviction or finding of guilt of an offense in another jurisdiction constitutes a previous conviction or finding of guilt of a felony if a sentence of death or of imprisonment for a term in excess of one (1) year was authorized under a law of the other jurisdiction.

CREDIT(S)

Acts of 1975, Act 280, § 1002; Acts of 1977, Act 474, § 5.

Formerly A.S.A. 1947, § 41-1002.

A.C.A. § 5-4-504

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 5. Extended Term of Imprisonment

§ 5-4-504. Recidivists, establishing prior conviction

(a) A previous conviction or finding of guilt of a felony may be proved by any evidence that satisfies the trial court beyond a reasonable doubt that the defendant was convicted or found guilty.

(b) Any of the following are sufficient to support a finding of a prior conviction or finding of guilt:

(1) A certified copy of the record of a previous conviction or finding of guilt by a court of record;

(2) A certificate of the warden or other chief officer of a correctional institution of this state or of another jurisdiction, containing the name and fingerprints of the defendant as the name and fingerprints appear in the records of the warden's or other chief officer's office; or

(3) A certificate of the chief custodian of the records of the United States Department of Justice, containing the name and fingerprints of the defendant as the name and fingerprints appear in the records of the chief custodian's office.

CREDIT(S)

Acts of 1975, Act 280, § 1003; Acts of 1977, Act 474, § 6; Acts of 1981, Act 252, § 1.

Formerly A.S.A. 1947, § 41-1003.

A.C.A. § 5-4-505

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 5. Extended Term of Imprisonment

§§ 5-4-505, 5-4-506. Repealed by Acts of 1993, Act 532, § 9, eff. Jan. 1, 1994; Acts of 1993, Act 550, § 9, eff. Jan. 1, 1994

CREDIT(S)

Acts of 1993, Act 532, § 9, eff. Jan. 1, 1994; Acts of 1993, Act 550, § 9, eff. Jan. 1, 1994.

Formerly A.S.A. 1947, § 41-1004; Acts of 1975, Act 280, § 1004; Acts of 1981, Act 252, § 2; Acts of 1987, Act 160, § 1.

A.C.A. § 5-4-506

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 5. Extended Term of Imprisonment

§§ 5-4-505, 5-4-506. Repealed by Acts of 1993, Act 532, § 9, eff. Jan. 1, 1994; Acts of 1993, Act 550, § 9, eff. Jan. 1, 1994

CREDIT(S)

Acts of 1993, Act 532, § 9, eff. Jan. 1, 1994; Acts of 1993, Act 550, § 9, eff. Jan. 1, 1994.

Formerly A.S.A. 1947, § 41-1004; Acts of 1975, Act 280, § 1004; Acts of 1981, Act 252, § 2; Acts of 1987, Act 160, § 1.

A.C.A. T. 5, Subt. 1, Ch. 4, Subch. 6, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 6. Trial and Sentence--Capital Murder

A.C.A. § 5-4-601

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 6. Trial and Sentence--Capital Murder (Refs & Annos)

§ 5-4-601. Capital murder, legislative intent

(a) In enacting this subchapter, it is the intent of the General Assembly to specify the procedures and standards pursuant to which a sentencing body shall conform in making a determination as to whether a sentence of death is to be imposed upon a conviction of capital murder.

(b) If the provisions of this subchapter respecting sentencing procedures are held invalid with regard to the imposition of a sentence of death or a sentence of death is declared to be invalid per se, it is the intent of the General Assembly that:

(1) Capital murder is punishable by life imprisonment without parole; and

(2) The procedures and findings required by §§ 5-4-602 -- 5-4-605, 5-4-607, and 5-4-608 are deemed repealed and of no effect.

CREDIT(S)

Acts of 1975, Act 280, § 1308.

Formerly A.S.A. 1947, § 41-1308.

A.C.A. § 5-4-602

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 6. Trial and Sentence--Capital Murder (Refs & Annos)

§ 5-4-602. Trial procedure, capital murder

The following procedures govern a trial of a person charged with capital murder:

(1) The jury shall first hear all evidence relevant to the charge and shall then retire to reach a verdict of guilt or innocence;

(2) If the defendant is found not guilty of the capital offense charged but guilty of a lesser included offense, the sentence shall be determined and imposed as provided by law;

(3)(A) If the defendant is found guilty of capital murder, the same jury shall sit again in order to:

(i) Hear additional evidence as provided by subdivisions (4) and (5) of this section; and

(ii) Determine the sentence in the manner provided by § 5-4-603.

(B) However, if the state waives the death penalty, stipulates that no aggravating circumstance exists, or stipulates that mitigating circumstances outweigh aggravating circumstances, then:

(i) No hearing under subdivision (3)(A) of this section is required; and

(ii) The trial court shall sentence the defendant to life imprisonment without parole;

(4)(A) If the defendant and the state are accorded an opportunity to rebut the evidence, in determining the sentence evidence may be presented to the jury as to any:

(i) Matter relating to an aggravating circumstance enumerated in § 5-4-604;

(ii) Mitigating circumstance; or

(iii) Other matter relevant to punishment, including, but not limited to, victim impact evidence.

(B)(i) Evidence as to any mitigating circumstance may be presented by either the state or the defendant regardless of the evidence's admissibility under the rules governing admission of evidence in a trial of a criminal matter.

(ii) However, mitigating circumstance evidence shall be relevant to the issue of punishment, including, but not limited to, the nature and circumstances of the crime, and the defendant's character, background, history, and mental and physical condition as set forth in § 5-4-605.

(C) The admissibility of evidence relevant to an aggravating circumstance set forth in § 5-4-604 is governed by the rules governing the admission of evidence in a trial of a criminal matter.

(D) Any evidence admitted at the trial relevant to punishment may be considered by the jury without the necessity of reintroducing the evidence at the sentencing proceeding; and

(5) The state and the defendant or his or her counsel are permitted to present argument respecting sentencing:

(A) The state shall open the argument;

(B) The defendant is permitted to reply; and

CREDIT(S)

Acts of 1975, Act 280, § 1301; Acts of 1993, Act 1089, § 1, eff. April 13, 1993.

Formerly A.S.A. 1947, § 41-1301.

A.C.A. § 5-4-603

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 6. Trial and Sentence--Capital Murder (Refs & Annos)

§ 5-4-603. Death sentences, unanimous findings

(a) The jury shall impose a sentence of death if the jury unanimously returns written findings that:

(1) An aggravating circumstance exists beyond a reasonable doubt;

(2) Aggravating circumstances outweigh beyond a reasonable doubt all mitigating circumstances found to exist; and

(3) Aggravating circumstances justify a sentence of death beyond a reasonable doubt.

(b) The jury shall impose a sentence of life imprisonment without parole if the jury finds that:

(1) Aggravating circumstances do not exist beyond a reasonable doubt;

(2) Aggravating circumstances do not outweigh beyond a reasonable doubt all mitigating circumstances found to exist; or

(3) Aggravating circumstances do not justify a sentence of death beyond a reasonable doubt.

(c) If the jury does not make any finding required by subsection (a) of this section, the court shall impose a sentence of life imprisonment without parole.

(d)(1) On an appellate review of a death sentence, the Supreme Court shall conduct a harmless error review of the defendant's death sentence if:

(A) The Supreme Court finds that the jury erred in finding the existence of any aggravating circumstance for any reason; and

(B) The jury found no mitigating circumstance.

(2) The Supreme Court shall conduct a harmless error review under subdivision (d)(1) of this section by determining that a remaining aggravating circumstance:

(A) Exists beyond a reasonable doubt; and

(B) Justifies a sentence of death beyond a reasonable doubt.

(e) If the Supreme Court concludes that the erroneous finding of any aggravating circumstance by the jury would not have changed the jury's decision to impose the death penalty on the defendant, then a simple majority of the court may vote to affirm the defendant's death sentence.

CREDIT(S)

Acts of 1975, Act 280, § 1302; Acts of 1977, Act 474, § 11; Acts of 1987, Act 412, § 1.

Formerly A.S.A. 1947, § 41-1302.

A.C.A. § 5-4-604

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 6. Trial and Sentence--Capital Murder (Refs & Annos)

§ 5-4-604. Aggravating circumstances

An aggravating circumstance is limited to the following:

(1) The capital murder was committed by a person imprisoned as a result of a felony conviction;

(2) The capital murder was committed by a person unlawfully at liberty after being sentenced to imprisonment as a result of a felony conviction;

(3) The person previously committed another felony, an element of which was the use or threat of violence to another person or the creation of a substantial risk of death or serious physical injury to another person;

(4) The person in the commission of the capital murder knowingly created a great risk of death to a person other than the victim or caused the death of more than one (1) person in the same criminal episode;

(5) The capital murder was committed for the purpose of avoiding or preventing an arrest or effecting an escape from custody;

(6) The capital murder was committed for pecuniary gain;

(7) The capital murder was committed for the purpose of disrupting or hindering the lawful exercise of any government or political function;

(8)(A) The capital murder was committed in an especially cruel or depraved manner.

(B)(i) For purposes of subdivision (8)(A) of this section, a capital murder is committed in an especially cruel manner when, as part of a course of conduct intended to inflict mental anguish, serious physical abuse, or torture upon the victim prior to the victim's death, mental anguish, serious physical abuse, or torture is inflicted.

(ii)(a) “Mental anguish” means the victim's uncertainty as to his or her ultimate fate.

(b) “Serious physical abuse” means physical abuse that creates a substantial risk of death or that causes protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ.

(C) For purposes of subdivision (8)(A) of this section, a capital murder is committed in an especially depraved manner when the person relishes the murder, evidencing debasement or perversion, or shows an indifference to the suffering of the victim and evidences a sense of pleasure in committing the murder;

(9) The capital murder was committed by means of a destructive device, bomb, explosive, or similar device that the person planted, hid, or concealed in any place, area, dwelling, building, or structure, or mailed or delivered, or caused to be planted, hidden, concealed, mailed, or delivered, and the person knew that his or her act would create a great risk of death to human life; or

(10) The capital murder was committed against a person whom the defendant knew or reasonably should have known was especially vulnerable to the attack because:

(A) Of either a temporary or permanent severe physical or mental disability which would interfere with the victim's ability to flee or to defend himself or herself; or

(B) The person was twelve (12) years of age or younger.

CREDIT(S)

Acts of 1975, Act 280, § 1303; Acts of 1977, Act 474, § 12; Acts of 1985, Act 833, § 1; Acts of 1991, Act 683, §§ 3, 4; Acts of 1995, Act 1205, § 1; Acts of 1997, Act 946, § 1; Acts of 2001, Act 308, § 1, eff. Aug. 13, 2001.

Formerly A.S.A. 1947, § 41-1303.

A.C.A. § 5-4-605

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 6. Trial and Sentence--Capital Murder (Refs & Annos)

§ 5-4-605. Mitigating circumstances, inclusions; exclusions

A mitigating circumstance includes, but is not limited to, the following:

(1) The capital murder was committed while the defendant was under extreme mental or emotional disturbance;

(2) The capital murder was committed while the defendant was acting under an unusual pressure or influence or under the domination of another person;

(3) The capital murder was committed while the capacity of the defendant to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of law was impaired as a result of mental disease or defect, intoxication, or drug abuse;

(4) The youth of the defendant at the time of the commission of the capital murder;

(5) The capital murder was committed by another person and the defendant was an accomplice and his or her participation was relatively minor; or

(6) The defendant has no significant history of prior criminal activity.

CREDIT(S)

Acts of 1975, Act 280, § 1304.

Formerly A.S.A. 1947, § 41-1304.

A.C.A. § 5-4-606

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 6. Trial and Sentence--Capital Murder (Refs & Annos)

§ 5-4-606. Life sentence without parole

A person sentenced to life imprisonment without parole shall:

(1) Be remanded to the custody of the Department of Correction for imprisonment for the remainder of his or her life; and

(2) Not be released except pursuant to commutation, pardon, or reprieve of the Governor.

CREDIT(S)

Acts of 1975, Act 280, § 1305.

Formerly A.S.A. 1947, § 41-1305.

A.C.A. § 5-4-607

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 6. Trial and Sentence--Capital Murder (Refs & Annos)

§ 5-4-607. Pardons, commutation, murder sentences

(a) The pardon of a person convicted of capital murder, § 5-10-101, or of a Class Y felony, Class A felony, or Class B felony, or the commutation of a sentence of a person convicted of capital murder, § 5-10-101, or of a Class Y felony, Class A felony, or Class B felony, may be granted only in the manner provided in this section.

(b)(1) A copy of the application for pardon or commutation shall be filed with:

(A) The Secretary of State;

(B) The Attorney General;

(D) The prosecuting attorney of the judicial district where the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that prosecuting attorney;

(E) The circuit judge presiding over the proceedings at which the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that circuit judge; and

(F) The victim of the crime or the victim's next of kin, if he or she files a request for notice with the prosecuting attorney.

(2)(A) The application shall set forth a ground upon which the pardon or commutation is sought.

(B) If the application involves a conviction for capital murder, § 5-10-101, a notice of the application shall be published by two (2) insertions, separated by a minimum of seven (7) days, in a newspaper of general circulation in the county or counties where the offense or offenses of the applicant were committed.

(1) Include in his or her written order the reason for the granting of the application; and

(2) File with the House of Representatives and the Senate a copy of his or her written order which shall state the:

(A) Applicant's name;

(B) Offense of which the applicant was convicted and the sentence imposed;

(D) Effective date of the pardon or commutation.

(d) A person sentenced to death or to life imprisonment without parole is not eligible for parole and shall not be paroled.

(e) If the sentence of a person sentenced to death or life imprisonment without parole is commuted by the Governor to a term of years, the person shall not be paroled, nor shall the length of his or her incarceration be reduced in any way to less than the full term of years specified in the order of commutation or in any subsequent order of commutation.

(f) A reprieve may be granted as presently provided by law.

CREDIT(S)

Acts of 1975, Act 280, § 1306; Acts of 1977, Act 474, § 13; Acts of 1991, Act 706, § 1; Acts of 1993, Act 741, § 1; Acts of 1999, Act 498, § 1, eff. July 30, 1999; Acts of 2001, Act 201, § 1, eff. Aug. 13, 2001; Acts of 2003, Act 1169, § 1, eff. July 16, 2003; Acts of 2005, Act 1975, § 1, eff. Aug. 12, 2005; Acts of 2005, Act 2097, § 1, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 41-1306.

A.C.A. § 5-4-608

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 6. Trial and Sentence--Capital Murder (Refs & Annos)

§ 5-4-608. Death penalty waivers, circumstances

(a) If a defendant is charged with capital murder, with the permission of the court the prosecuting attorney may waive the death penalty.

(b) In a case described in subsection (a) of this section, if the defendant pleads guilty to capital murder or is found guilty of capital murder after trial to the court or to a jury, the trial court shall sentence the defendant to life imprisonment without parole.

CREDIT(S)

Acts of 1975, Act 280, § 1307; Acts of 1977, Act 474, § 14.

Formerly A.S.A. 1947, § 41-1307.

A.C.A. § 5-4-609

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 6. Trial and Sentence--Capital Murder (Refs & Annos)

§§ 5-4-609 to 5-4-614. Reserved

A.C.A. § 5-4-614

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 6. Trial and Sentence--Capital Murder (Refs & Annos)

§§ 5-4-609 to 5-4-614. Reserved

A.C.A. § 5-4-615

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 6. Trial and Sentence--Capital Murder (Refs & Annos)

§ 5-4-615. Capital offense punishment

A person convicted of a capital offense shall be punished by death by lethal injection or by life imprisonment without parole pursuant to this subchapter.

CREDIT(S)

Acts of 1973, Act 438, § 6; Acts of 1975, Act 928, § 17.

Formerly A.S.A. 1947, § 41-1351.

A.C.A. § 5-4-616

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 6. Trial and Sentence--Capital Murder (Refs & Annos)

§ 5-4-616. Remand, capital cases; retroactivity

(a) Notwithstanding § 5-4-602(3) that requires that the same jury sit in the sentencing phase of a capital murder trial, the following shall apply:

(1)(A) Upon any appeal by the defendant when the sentence is of death, if the appellate court finds prejudicial error in the sentencing proceeding only, the appellate court may set aside the sentence of death and remand the case to the trial court in the jurisdiction in which the defendant was originally sentenced.

(B) No error in the sentencing proceeding shall result in the reversal of the conviction for a capital felony.

(i) Impose a sentence of life without parole, and the trial court may impose the sentence of life without parole without a hearing; or

(ii) Impanel a new sentencing jury;

(2) If the prosecutor elects subdivision (a)(1)(C)(ii) of this section the trial court shall impanel a new jury for the purpose of conducting a new sentencing proceeding;

(3) A new sentencing proceeding is governed by the provisions of §§ 5-4-602(4) and (5) and 5-4-603--5-4-605;

(4)(A) Any exhibit and a transcript of any testimony or other evidence properly admitted in the prior trial and sentencing is admissible in the new sentencing proceeding.

(B) Additional relevant evidence may be admitted including testimony of a witness who testified at the previous trial; and

(5) The provisions of this section:

(A) Are procedural; and

(B) Apply retroactively to any defendant sentenced to death after January 1, 1974.

(b) This section shall not be construed to amend a provision of § 5-4-602 requiring the same jury to sit in both the guilt and sentencing phases of the original trial.

CREDIT(S)

Acts of 1983, Act 546, § 1.

Formerly A.S.A. 1947, § 41-1358.

A.C.A. § 5-4-617

Effective: February 20, 2013

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 6. Trial and Sentence--Capital Murder (Refs & Annos)

§ 5-4-617. Method of execution

(a) The Department of Correction shall carry out the sentence of death by intravenous lethal injection of a barbiturate in an amount sufficient to cause death.

(b) Before the intravenous lethal injection is administered, the condemned prisoner shall be intravenously administered a benzodiazepine.

(c) The drugs set forth in subsections (a) and (b) of this section shall be administered along with any substances that the manufacturer has mixed with the drugs and any additional substances, such as saline solution, called for in the manufacturer's instructions.

(d) Catheters, sterile intravenous solution, and other equipment used for the intravenous injection of the drugs set forth in subsections (a) and (b) of this section shall be sterilized and prepared in a manner that is safe and commonly performed in connection with the intravenous administration of drugs of that type.

(e) The Director of the Department of Correction shall develop logistical procedures necessary to carry out the sentence of death, including:

(1) The following matters:

(A) Ensuring that the drugs and substances set forth in subsections (a) through (d) of this section and other necessary supplies for the lethal injection are available for use on the scheduled date of the execution;

(B) Conducting employee orientation of the lethal injection procedure before the day of the execution;

(D) Coordinating with other governmental agencies involved with security and law enforcement;

(E) Transferring the condemned prisoner to the facility where the sentence of death will be carried out;

(F) Escorting the condemned prisoner from the holding cell to the execution chamber;

(G) The identity, arrival, and departure of the persons involved with carrying out the sentence of death at the facility where the sentence of death will be carried out; and

(H) Making arrangements for the disposition of the condemned prisoner's body and personal property; and

(2) The following matters pertaining to other logistical issues:

(A) Chaplaincy services;

(B) Visitation privileges;

(D) Confirming the type and concentration of the drugs and substances set forth in subsections (a) through (d) of this section when they have been received by the department; and

(E) Establishing a protocol for any necessary mixing or reconstitution of the drugs and substances set forth in subjections (a) through (d) of this section in accordance with the manufacturer's instructions.

(f) The procedures for carrying out the sentence of death and related matters are not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(g) The procedures under subdivisions (e)(1) of this section and the implementation of the procedures under subdivisions (e)(1) of this section are not subject to disclosure under the Arkansas Freedom of Information Act of 1967, § 25-19-101 et seq.

(h) The department shall carry out the sentence of death by electrocution if this section is invalidated by a final and unappealable court order.

CREDIT(S)

Acts of 1983, Act 774, §§ 1, 5, 6; Acts of 2009, Act 1296, § 2, eff. April 9, 2009; Acts of 2013, Act 139, § 2, eff. Feb. 20, 2013.

Formerly A.S.A. 1947, §§ 41-1352, 41-1356, 41-1357.

VALIDITY

For validity of a prior version of this section, see Hobbs v. Jones, 2012 Ark. 293 (Ark.2012).

A.C.A. § 5-4-618

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 6. Trial and Sentence--Capital Murder (Refs & Annos)

§ 5-4-618. Defendants with mental retardation

(a)(1) As used in this section, “mental retardation” means:

(A) Significantly subaverage general intellectual functioning accompanied by a significant deficit or impairment in adaptive functioning manifest in the developmental period, but no later than age eighteen (18) years of age; and

(B) A deficit in adaptive behavior.

(2) There is a rebuttable presumption of mental retardation when a defendant has an intelligence quotient of sixty-five (65) or below.

(b) No defendant with mental retardation at the time of committing capital murder shall be sentenced to death.

(c) The defendant has the burden of proving mental retardation at the time of committing the offense by a preponderance of the evidence.

(d)(1) A defendant on trial for capital murder shall raise the special sentencing provision of mental retardation by motion prior to trial.

(2)(A) Prior to trial, the court shall determine if the defendant has mental retardation.

(B)(i) If the court determines that the defendant does not have mental retardation, the defendant may raise the question of mental retardation to the jury for determination de novo during the sentencing phase of the trial.

(ii) At the time the jury retires to decide mitigating and aggravating circumstances, the jury shall be given a special verdict form on mental retardation.

(iii) If the jury unanimously determines that the defendant had mental retardation at the time of the commission of capital murder, then the defendant will automatically be sentenced to life imprisonment without possibility of parole.

(i) The jury is not “death qualified”; and

(ii) The jury shall sentence the defendant to life imprisonment without possibility of parole upon conviction.

(e) However, this section is not deemed to:

(1) Require unanimity for consideration of any mitigating circumstance; or

(2) Supersede any suggested mitigating circumstance regarding mental defect or disease currently found in § 5-4-605.

CREDIT(S)

Acts of 1993, Act 420, § 1.

A.C.A. § 5-4-701

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 7. Enhanced Penalties for Offenses Committed in Presence of Child

§ 5-4-701. Definitions

As used in this subchapter:

(1) “Child” means a person under sixteen (16) years of age; and

(2) “In the presence of a child” means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act.

CREDIT(S)

Acts of 2001, Act 1707, § 1, eff. Aug. 13, 2001; Acts of 2005, Act 1994, § 290, eff. Aug. 12, 2005; Acts of 2009, Act 33, § 1, eff. July 31, 2009; Acts of 2011, Act 1120, § 5, eff. July 27, 2011.

A.C.A. § 5-4-702

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 7. Enhanced Penalties for Offenses Committed in Presence of Child

§ 5-4-702. Enhanced penalties for offenses committed in presence of a child

(a) Any person who commits a felony offense involving homicide, § 5-10-101 -- § 5-10-103, assault or battery, § 5-13-201 et seq., or domestic battering or assault on a family member or household member, § 5-26-303 -- 5-26-309, may be subject to an enhanced sentence of an additional term of imprisonment of not less than one (1) year and not greater than ten (10) years if the offense is committed in the presence of a child.

(b) Any person who commits the offense of aggravated cruelty to a dog, cat, or horse under § 5-62-104 may be subject to an enhanced sentence of an additional term of imprisonment not to exceed five (5) years if the offense is committed in the presence of a child.

(c)(1) To seek an enhanced penalty established in this section, a prosecuting attorney shall notify the defendant in writing that the defendant is subject to the enhanced penalty.

(2) If the defendant is charged by information or indictment, the prosecuting attorney may include the written notice in the information or indictment.

(d) The enhanced portion of the sentence is consecutive to any other sentence imposed.

(e) Any person convicted under this section is not eligible for early release on parole or community correction transfer for the enhanced portion of the sentence.

CREDIT(S)

Acts of 2001, Act 1707, § 2, eff. Aug. 13, 2001; Acts of 2007, Act 1047, § 1, eff. July 31, 2007; Acts of 2009, Act 33, § 1, eff. July 31, 2009; Acts of 2009, Act 936, § 1, eff. July 31, 2009.

A.C.A. § 5-4-801

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 8. Sentencing Alternative--Community Service Work

§ 5-4-801. Definitions

As used in this subchapter:

(1) “Community work project” means any program in which an eligible offender in a county jail is allowed to work under the supervision of a government entity on projects on public lands, public buildings, public roads, public parks, and public rights-of-way designed to benefit the government entity supervising the eligible offender;

(2) “Eligible offender” means any person convicted of a misdemeanor offense or felony offense other than:

(A) Capital murder, § 5-10-101;

(B) Murder in the first degree, § 5-10-102;

(D) Manslaughter, § 5-10-104;

(E) Rape, § 5-14-103;

(F) Kidnapping, § 5-11-102;

(G) Aggravated robbery, § 5-12-103;

(H) Driving while intoxicated, second or subsequent offense, § 5-65-103;

(I) Negligent homicide, § 5-10-105;

(J) Trafficking a controlled substance, § 5-64-440;

(K) Any felony involving violence as listed under § 5-4-501(d)(2); or

(L) Any offense requiring registration under the Sex Offender Registration Act of 1997, § 12-12-901, et seq.; and

(3) “Work incentive credit” means a sentence credit of up to three (3) days as designated by the court toward completion of an eligible offender's sentence for each day the eligible offender works on a community work project.

CREDIT(S)

Acts of 2011, Act 570, § 21, eff. July 27, 2011.

A.C.A. § 5-4-802

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 8. Sentencing Alternative--Community Service Work

§ 5-4-802. Rules

The Board of Corrections shall promulgate necessary rules to be followed by a government entity in the supervision of eligible offenders utilized under this subchapter.

CREDIT(S)

Acts of 2011, Act 570, § 21, eff. July 27, 2011.

A.C.A. § 5-4-803

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 8. Sentencing Alternative--Community Service Work

§ 5-4-803. Procedure

(a) A court may sentence an eligible offender under this subchapter.

(b)(1) If a court elects to sentence an eligible offender under this subchapter, the court may suspend imposition of sentence for the eligible offender for a period not to exceed the period of years that is the maximum penalty for the offense for which convicted upon condition that the eligible offender be incarcerated in a county jail or regional jail to participate in a community work project.

(2) In order for the eligible offender to participate in a community work project, space must be available in the county jail or regional jail as certified by the county sheriff, to the Department of Correction for an eligible offender committed to the department, or to the court for an eligible offender serving time for a misdemeanor offense.

(3) The length of the community work project service and incarceration shall not exceed eighteen (18) months for a felony offense with work incentive credit or, in the case of a misdemeanor offense, the maximum length of incarceration for the misdemeanor offense reduced by the work incentive credit.

(c)(1) If an eligible offender sentenced under this subchapter withdraws consent to participate in a community work project, then:

(A) The county sheriff shall notify the court and bring the eligible offender before the court within a reasonable time; and

(B) The court shall determine whether the eligible offender has withdrawn consent to participate in a community work project.

(2) If the court finds that the eligible offender has withdrawn consent to participate in the community work project, the court shall remand the eligible offender for the remaining portion of the eligible offender's sentence to the:

(A) Department of Correction for a felony offense; or

(B) County sheriff for a misdemeanor offense.

(3) If an eligible offender withdraws consent to participate in a community work project, the eligible offender is entitled to all good time and parole eligibility considerations as provided by law.

(4) Any portion of the sentence that was suspended by the court at the time of the original sentence is not affected by the removal of an eligible offender from participating in the community work project.

(d)(1) If an eligible offender's conduct while participating in a community work project is unsatisfactory, upon petition filed by the prosecuting attorney, the court may schedule a hearing to determine if the eligible offender should be allowed to continue to participate in the community work project.

(2) A hearing under this subsection shall follow the same format and accord the eligible offender the same safeguards as the revocation procedure in § 16-93-307.

(3) The burden of proof necessary for revocation of a sentence under this subchapter shall be a preponderance of the evidence that the eligible offender's conduct has been unsatisfactory while participating in a community work project.

(4) If the court finds that the eligible offender's conduct has been unsatisfactory while performing in a community work project, the court shall remand the eligible offender for the remaining portion of the eligible offender's sentence to the:

(A) Department of Correction for a felony offense; or

(B) County sheriff for a misdemeanor offense.

(5) If an eligible offender's conduct is found to be unsatisfactory, the eligible offender is entitled to all good time and parole eligibility considerations as provided by law.

CREDIT(S)

Acts of 2011, Act 570, § 21, eff. July 27, 2011.

A.C.A. § 5-4-804

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 8. Sentencing Alternative--Community Service Work

§ 5-4-804. Medical treatment and costs

The state is responsible for the cost of medical treatment approved by the Department of Correction of an eligible offender sentenced to a felony under this subchapter if the medical treatment is for:

(1) The result of an injury sustained on the work site of the community work project or during transportation to and from the work site by a government entity; or

(2)(A) The result of illness or an injury sustained by an eligible offender committed to the county jail or regional jail and who is assigned to a community work project.

(B) The Department of Correction may transfer an eligible offender committed to a county jail or regional jail under this subchapter to a medical facility or treatment facility, including a facility of the Department of Correction, it deems appropriate for the medical treatment.

(3) Nothing in this section precludes the Department of Correction from seeking reimbursement or damages from a person or entity that contributes to or causes the injury or illness referred to in this section.

CREDIT(S)

Acts of 2011, Act 570, § 21, eff. July 27, 2011.

A.C.A. § 5-4-805

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 4. Disposition of Offenders

Subchapter 8. Sentencing Alternative--Community Service Work

§ 5-4-805. Reimbursement for housing eligible offenders

The state shall reimburse a county for housing an eligible offender convicted of a felony offense and sentenced under this subchapter at a rate to be determined by the Board of Corrections.

CREDIT(S)

Acts of 2011, Act 570, § 21, eff. July 27, 2011.

A.C.A. § 5-5-101

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 1. General Provisions

§ 5-5-101. Disposition of contraband and seized property

(a) Any seized property shall be returned to the rightful owner or possessor of the seized property except contraband owned by a defendant.

(b)(1) As used in this section, “contraband” means any:

(A) Article possessed under a circumstance prohibited by law;

(B) Weapon or other instrument used in the commission or attempted commission of a felony;

(C) Visual, print, or electronic medium that depicts sexually explicit conduct involving a child prohibited under § 5-27-304;

(D) Visual, print, or electronic medium that contains a sexual performance of a child prohibited under § 5-27-403;

(E) Item the possession of which is prohibited by § 5-27-602;

(F) Item the production of which is prohibited by § 5-27-603;

(G) Item the production of which is prohibited by § 5-27-605; or

(H) Other article designated “contraband” by law.

(2) “Contraband” does not include a visual, a print, or an electronic medium created, obtained, or possessed by licensed medical personnel or a regulated medical facility for the purpose of treatment or documentation of injuries to a child.

(c)(1) Contraband shall be destroyed.

(2) Except as limited under subdivision (c)(3) of this section, in the discretion of the court having jurisdiction, any contraband capable of lawful use may be:

(A) Retained for use by the law enforcement agency responsible for the arrest; or

(B) Sold and the proceeds disposed of in the manner provided by subsections (e)-(g) of this section.

(3) Contraband described in subdivisions (b)(1)(C)-(H) of this section and having no lawful use shall not be retained.

(d)(1)(A) Except as provided in subdivision (d)(2) of this section, unclaimed seized property shall be sold at public auction to be held by the chief law enforcement officer of the county, city, or town law enforcement agency that seized the unclaimed seized property or the chief law enforcement officer's designee.

(B) The proceeds of the sale, less the cost of the sale and any storage charge incurred in preserving the unclaimed seized property, shall be paid into the general fund of the county, city, or town whose law enforcement agency performed the seizure.

(2)(A) Unclaimed seized property that is a recreational item may be donated at no cost to a local or state agency, a nonprofit organization, or an educational program designed to provide education, assistance, or recreation to children.

(B)(i) As used in subdivision (d)(2)(A) of this section, “recreational item” means an item generally used for children's activities and play.

(ii) “Recreational item” includes without limitation a bicycle but does not include a motor vehicle or motorcycle.

(e) The time and place of sale of seized property shall be advertised:

(1) For at least fourteen (14) days next before the day of sale by posting written notice at the courthouse door; and

(2) By publication in the form of at least two (2) insertions, at least three (3) days apart, before the day of sale in a weekly or daily newspaper published or customarily distributed in the county.

(f)(1) Any seized property to be sold at public sale shall be offered for sale on the day for which it was advertised between 9:00 a.m. and 3:00 p.m., publicly, by auction, and for ready money.

(2) The highest bidder shall be the purchaser.

(g)(1) The proceeds from any sale of seized property shall be delivered to the county, city, or town treasurer, as the case may be, to be held by him or her in a separate account for a period of three (3) months.

(2) If any person during the time described in subdivision (g)(1) of this section establishes to the satisfaction of the county, city, or town treasurer that he or she was at the time of sale the owner of any seized property sold as provided in subsection (f) of this section, the person shall be paid the amount realized from sale of the seized property less the expenses of the sale.

(3) Any money in the separate account not claimed or paid within the designated three-month period shall be paid into the general fund of the county, city, or town whose law enforcement agency performed the seizure.

CREDIT(S)

Acts of 1975, Act 280, § 1401; Acts of 1977, Act 360, § 4; Acts of 1991, Act 1030, § 1; Acts of 2003, Act 135, § 1, eff. July 16, 2003; Acts of 2007, Act 703, §§ 1, 2, eff. July 31, 2007; Acts of 2009, Act 748, § 5, eff. July 31, 2009; Acts of 2011, Act 171, § 1, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-1401.

A.C.A. § 5-5-102

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 1. General Provisions

§ 5-5-102. Seized property, destruction; disposition

When a statute not a part of the Arkansas Criminal Code specifies a procedure for the disposition or destruction of a particular type of seized property, the seized property shall be disposed of or destroyed in accordance with that statute.

CREDIT(S)

Acts of 1975, Act 280, § 1402.

Formerly A.S.A. 1947, § 41-1402.

A.C.A. T. 5, Subt. 1, Ch. 5, Subch. 2, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 2. Forfeiture of Conveyances Used in Commission of Certain Crimes

A.C.A. § 5-5-201

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 2. Forfeiture of Conveyances Used in Commission of Certain Crimes (Refs & Annos)

§ 5-5-201. Forfeiture, criminal conveyances

(a) Upon conviction, any conveyance, including an aircraft, motor vehicle, or vessel, that is used in the commission of a burglary, robbery, theft, or arson, or an attempt to commit a burglary, robbery, theft, or arson, is subject subject [FN1] to forfeiture as provided in this subchapter.

(b) However:

(1) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this subchapter unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to the commission or attempt to commit the offense;

(2) No conveyance is subject to forfeiture under this subchapter by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without his or her knowledge or consent and without the knowledge or consent of any person having possession, care, or control of the conveyance with the owner's permission; and

(3) A forfeiture of a conveyance encumbered by a security interest is subject to the security interest of the secured party if the secured party neither had knowledge of nor consented to the use of the conveyance in the commission or attempt to commit the offense.

CREDIT(S)

Acts of 1985, Act 238, § 1.

Formerly A.S.A. 1947, § 41-1403.

[FN1] So in original.

A.C.A. § 5-5-202

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 2. Forfeiture of Conveyances Used in Commission of Certain Crimes (Refs & Annos)

§ 5-5-202. Conveyances forfeited; seized

(a) A conveyance subject to forfeiture under this subchapter may be seized by any law enforcement agent upon process issued by any circuit court having jurisdiction over the conveyance upon a petition filed by the prosecuting attorney of the judicial district.

(b) Seizure without process may be made if:

(1) The seizure is incident to an arrest or a search under a search warrant; or

(2) Any law enforcement agent has probable cause to believe that the conveyance was used in the commission of a burglary, robbery, theft, or arson, or an attempt to commit a burglary, robbery, theft, or arson.

CREDIT(S)

Acts of 1985, Act 238, § 2.

Formerly A.S.A. 1947, § 41-1404.

A.C.A. § 5-5-203

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 2. Forfeiture of Conveyances Used in Commission of Certain Crimes (Refs & Annos)

§ 5-5-203. Custody, legally seized conveyances

(a) When a conveyance is seized under this subchapter, the conveyance shall remain in the custody of the seizing law enforcement agency.

(b)(1) The conveyance is not subject to replevin.

(2) However, the conveyance is subject only to an order or decree of the circuit court having jurisdiction over the conveyance.

CREDIT(S)

Acts of 1985, Act 238, § 3.

Formerly A.S.A. 1947, § 41-1405.

A.C.A. § 5-5-204

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 2. Forfeiture of Conveyances Used in Commission of Certain Crimes (Refs & Annos)

§ 5-5-204. Use or sale of conveyances--Disposition of sale proceeds

(a)(1) Upon conviction, when the circuit court having jurisdiction over the conveyance seized finds upon a hearing by a preponderance of the evidence that a ground for a forfeiture exists under this subchapter, the circuit court may enter an order to sell the conveyance with the proceeds, after allowance for reasonable expenses of seizure and maintenance of custody, going to satisfy any outstanding restitution under § 5-4-205 owed to a victim of an offense for which the conveyance was used, if the victim files a petition with the circuit court or makes a request to the circuit court within thirty (30) days of the filing of the judgment and commitment order of the convicted defendant.

(2) If there is not a victim of an offense owed restitution under § 5-4-205, the circuit court shall enter an order to:

(A) Permit the law enforcement agency or the prosecuting attorney for the judicial district in which the conveyance was seized to retain the conveyance for official use; or

(B)(i) Permit the law enforcement agency to sell the conveyance at a public or private sale.

(ii) In the event of a sale, the circuit court shall provide by order that the proceeds be used for payment of any proper expense of the proceeding for forfeiture and sale, including expenses of:

(a) Investigation;

(b) Seizure;

(d) Advertising; and

(e) Court costs.

(b) Any proceeds from the sale of a forfeited conveyance under subdivision (a)(2)(B) of this section, or if there was a victim of an offense owed restitution under § 5-4-205, the proceeds remaining after the satisfaction of the victim's restitution under § 5-4-205 in excess of a proper expense shall be distributed as follows:

(1) Forty percent (40%) to be deposited into the State Treasury as special revenues to the credit of the Department of Arkansas State Police Fund;

(2)(A) Forty percent (40%) to the law enforcement agency that perfected the arrest.

(B) However, if a federal agency perfected the arrest, the forty percent (40%) under subdivision (b)(2)(A) of this section shall be distributed to the county sheriff's office of the county responsible for the prosecution; and

(3) Twenty percent (20%) to the county sheriff's office of the county responsible for the prosecution.

CREDIT(S)

Acts of 1985, Act 238, § 4; Acts of 2011, Act 866, § 1, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-1406.

A.C.A. T. 5, Subt. 1, Ch. 5, Subch. 3, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 3. Forfeiture of Property

A.C.A. § 5-5-301

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 3. Forfeiture of Property (Refs & Annos)

§ 5-5-301. Definitions

As used in this subchapter:

(1)(A) “Contraband property” means property of any nature, including personal property, tangible property, or intangible property.

(B) “Contraband property” does not include real property;

(2) “Livestock” means:

(A) Cattle or swine or a sheep, goat, horse, or mule; and

(B) Any carcass, skin, or part of cattle or swine or a sheep, goat, horse, or mule; and

(3) “Theft of livestock” means a theft of property:

(A) That is classified as a felony violation pursuant to § 5-36-103; and

(B) In which the property taken was livestock.

CREDIT(S)

Acts of 1993, Act 1031, § 1.

A.C.A. § 5-5-302

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 3. Forfeiture of Property (Refs & Annos)

§ 5-5-302. Property subject to forfeiture

(a) The following property is subject to forfeiture pursuant to this subchapter:

(1) Contraband property used or intended to be used in the commission of theft of livestock;

(2) The proceeds gained from the commission of theft of livestock;

(3) Personal property acquired with proceeds gained from the commission of theft of livestock;

(4)(A) Any conveyance, including an aircraft, vessel, vehicle, or horse that is used or intended for use to transport or in any manner to facilitate the transportation for the purpose of the commission of theft of livestock.

(B) No conveyance used by any person as a common carrier in the transportation of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this subchapter.

(C) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without the owner's knowledge or consent.

(D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the bona fide security interest of the secured party;

(5) Any book, record, or research product or material including microfilm, tape, or data that is used or intended for use in the theft of livestock; and

(6)(A)(i) Anything of value furnished or intended to be furnished or traded or used as payment or invested for anything of value in return for the commission of the theft of livestock.

(ii) However, subdivision (a)(6)(A)(i) of this section does not include real property.

(B) It may be presumed that property described in subdivision (a)(6)(A)(i) of this section was acquired with proceeds gained from the commission of theft of livestock and is subject to forfeiture.

(b) Property that is used in the commission of theft of livestock that has title of ownership with two (2) parties on the title or a cosigner is subject to forfeiture if one (1) party on the title uses the property in the commission of theft of livestock or receives titled property as the proceeds of the commission of theft of livestock, even if the second party claims that he or she did not have knowledge or involvement in the commission of theft of livestock.

(c)(1) Any money, coin, or currency found in possession of a person arrested for the theft of livestock or found in, on, or in close proximity to any forfeited property used or intended for the use in the theft of livestock is presumed to be forfeitable under this section.

(2) The burden of proof is upon a claimant of property described in subdivision (c)(1) of this section to rebut the presumption under subdivision (c)(1) of this section.

CREDIT(S)

Acts of 1993, Act 1031, § 2.

A.C.A. § 5-5-303

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 3. Forfeiture of Property (Refs & Annos)

§ 5-5-303. Petition; show cause order; notice

(a)(1) The prosecuting attorney of the judicial district within whose jurisdiction there is property that is sought to be forfeited pursuant to § 5-5-302 shall promptly proceed against the property by filing in the circuit court having jurisdiction of the property a petition for an order to show cause why the circuit court should not order forfeiture of the property.

(2) The petition shall be verified and shall set forth:

(A) A statement that the action is brought pursuant to § 5-5-302;

(B) The law enforcement agency bringing the action;

(D) A statement that on or about a date certain the property was used or intended to be used in a criminal act constituting theft of livestock or that a criminal act constituting theft of livestock took place in, upon, or by means of the property;

(E) A statement detailing the facts in support of subsection (a) of this section; and

(F) A list of all persons known to the law enforcement agency, after diligent search and inquiry, who may claim an ownership interest in the property by title or registration or by virtue of a lien allegedly perfected in the manner prescribed by law.

(b)(1) Upon receipt of a petition complying with the requirements of subsection (a) of this section, the circuit judge of the court having jurisdiction shall issue an order to show cause setting forth a statement that this subchapter is the controlling law.

(2) In addition, the order shall set a date at least forty-one (41) days from the date of first publication of the order pursuant to subsection (c) of this section for any person claiming an interest in the property to file such pleadings as the person desires as to why the circuit court should not order the forfeiture of the property to use, sale, or other disposition by the law enforcement agency seeking forfeiture of the property.

(3) The circuit court shall further order that any person who does not appear on that date is deemed to have defaulted and waived any claim to the property.

(c)(1) The prosecuting attorney shall give notice of the forfeiture proceedings by:

(A) Causing to be published a copy of the order to show cause two (2) times each week for two (2) consecutive weeks in a newspaper having general circulation in the county where the property is located; and

(B) Sending a copy of the petition and order to show cause by certified mail, return receipt requested, to any person having ownership of or a security interest in the property or in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure, if:

(i) The property is of a type for which title or registration is required by law;

(ii) The owner of the property is known in fact to the law enforcement agency at the time of seizure; or

(iii) The property is subject to a security interest perfected in accordance with the Uniform Commercial Code, § 4-1-101 et seq.

(2) The law enforcement agency is obligated only to make diligent search and inquiry as to the owner of the property and if, after diligent search and inquiry, the law enforcement agency is unable to ascertain the owner, the requirement of actual notice by mail with respect to a person having a perfected security interest in the property is not applicable.

(d) At the hearing on the matter, the petitioner has the burden to establish that the property is subject to forfeiture as provided in § 5-5-302.

(e) The final order of forfeiture by the circuit court perfects in the law enforcement agency right, title, and interest in and to the property and relates back to the date of the seizure.

(f) Physical seizure of property is not necessary in order to allege in a petition under this section that property is forfeitable.

(g) Upon filing the petition, the prosecuting attorney for the judicial district may also seek such protective order as is necessary to prevent the transfer, encumbrance, or other disposal of any property named in the petition.

CREDIT(S)

Acts of 1993, Act 1031, § 3.

A.C.A. § 5-5-304

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 3. Forfeiture of Property (Refs & Annos)

§ 5-5-304. Disposition of harmful property

(a) Subject to the provisions of subsection (c) of this section, if property forfeited pursuant to § 5-5-302 is harmful to the public health or is required by law to be destroyed, the law enforcement agency to which the property is forfeited shall:

(1) Require the sheriff of the county to take custody of the property and remove it to any appropriate location for disposition in accordance with law; or

(2) Forward the property to the Department of Arkansas State Police for disposition.

(b) Subject to the provisions of subsection (c) of this section, if property forfeited pursuant to § 5-5-302 is not harmful to the public health and is not required by law to be destroyed, the law enforcement agency to which the property is forfeited shall:

(1) Sell the property in accordance with subsection (d) of this section; or

(2) Retain the property for official use if the property is not subject to a lien that has been preserved by the circuit court.

(c) If the property is a controlled substance, the law enforcement agency to which the property is forfeited shall transfer it to the Drug Enforcement Administration of the United States Department of Justice or the Division of Health of the Department of Health and Human Services for disposition or destruction.

(d)(1) If a law enforcement agency desires to sell property forfeited to it pursuant to § 5-5-302, the law enforcement agency shall first cause notice of the sale to be made by publication at least two (2) times a week for two (2) consecutive weeks in a newspaper having general circulation in the county and sending a copy of the notice of the sale by certified mail, return receipt requested, to any person having ownership of or a security interest in the property or in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure, if:

(A) The property is of a type for which title or registration is required by law;

(B) The owner of the property is known in fact to the law enforcement agency at the time of seizure; or

(C) The property is subject to a security interest perfected in accordance with the Uniform Commercial Code, § 4-1-101 et seq.

(2) The notice of the sale shall include the time, place, and conditions of the sale and a description of the property to be sold.

(3) The property shall then be disposed of at public auction to the highest bidder for cash without appraisal.

CREDIT(S)

Acts of 1993, Act 1031, § 4.

A.C.A. § 5-5-305

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 3. Forfeiture of Property (Refs & Annos)

§ 5-5-305. Application of sale proceeds and forfeited monies

(a) The proceeds of any sale pursuant to § 5-5-304 and any moneys forfeited pursuant to § 5-5-302 shall be applied to payment of the:

(1) Balance due on any lien preserved by the circuit court in the forfeiture proceeding;

(2) Cost incurred by the seizing law enforcement agency in connection with the storage, maintenance, security, and forfeiture of the property;

(3) Cost incurred by the prosecuting attorney or attorney for the law enforcement agency approved by the prosecuting attorney to which the property is forfeited; and

(4) Cost incurred by the circuit court.

(b) The remaining proceeds or moneys shall be disposed of as follows:

(1) If the law enforcement agency is a state agency, the entire amount shall be deposited into the State Treasury into the fund for that state agency for the law enforcement purposes for that state agency; and

(2)(A) If the law enforcement agency is a:

(i) County sheriff's office, the entire amount shall be deposited into the county treasury and credited to a special law enforcement forfeiture fund in the county treasury; or

(ii) City or town police agency, the entire amount shall be deposited into the city or town treasury and credited to a special law enforcement forfeiture fund in the city or town treasury.

(B) Moneys in the special law enforcement forfeiture fund in the county, city, or town treasury shall be expended only upon appropriation to the county sheriff's office or to the city or town police agency by the county quorum court or governing body of the city or town:

(i) To defray the cost of a protracted investigation;

(ii) To provide additional technical equipment or expertise;

(iii) To provide matching funds to obtain a federal grant; or

(iv) For such other law enforcement purposes as the county quorum court or governing body of the city or town deems appropriate.

(C) Moneys in the special law enforcement forfeiture fund in the county, city, or town treasury shall not be considered a source of revenue to meet a normal operating expense.

CREDIT(S)

Acts of 1993, Act 1031, § 5.

A.C.A. § 5-5-306

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 3. Forfeiture of Property (Refs & Annos)

§ 5-5-306. Distribution among law enforcement agencies

(a) If more than one (1) law enforcement agency is substantially involved in effecting a forfeiture pursuant to § 5-5-302, the circuit court having jurisdiction over the forfeiture proceeding shall equitably distribute the property among the law enforcement agencies.

(b) Any forfeited money or any proceeds remaining after the sale of the property shall be equitably distributed:

(1) To the county, city, or town for deposit in the respective county, city, or town treasury and credited to the special law enforcement forfeiture fund provided in § 5-5-305; and

(2) In the manner as provided in § 5-5-305.

CREDIT(S)

Acts of 1993, Act 1031, § 6.

A.C.A. T. 5, Subt. 1, Ch. 5, Subch. 4, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 4. Forfeiture of Weapons and Ammunition

A.C.A. § 5-5-401

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 4. Forfeiture of Weapons and Ammunition (Refs & Annos)

§ 5-5-401. Definition

As used in this subchapter, “weapon” means any firearm, bomb, explosive, metal knuckles, sword, spear, or other device employed as an instrument of crime by subjecting another to physical harm or fear of physical harm.

CREDIT(S)

Acts of 1995, Act 202, § 1, eff. Feb. 9, 1995; Acts of 2007, Act 827, § 17, eff. July 31, 2007.

A.C.A. § 5-5-402

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 4. Forfeiture of Weapons and Ammunition (Refs & Annos)

§ 5-5-402. Transfer of weapon or ammunition

(a)(1) Notwithstanding any other provision of this chapter, a weapon or ammunition seized by any agency of the State of Arkansas or any local law enforcement agency in the state, and that is forfeited pursuant to law, may be transferred to the State Crime Laboratory.

(2) However, no transfer of a weapon or ammunition shall be made pursuant to this section until there is a final determination concerning the disposition of the weapon or ammunition by the court having jurisdiction over the weapon or ammunition.

(b) In addition to a forfeited weapon or ammunition, any other weapon or ammunition held by an agency of the state or a local law enforcement agency for which the agency has no use may be transferred to the laboratory under the procedures prescribed in this subchapter.

(c) Nothing contained in this subchapter shall be construed to preclude a voluntary transfer to the State Crime Laboratory by an individual, entity, or agency of the United States Government.

CREDIT(S)

Acts of 1995, Act 202, § 1, eff. Feb. 9, 1995; Acts of 2007, Act 827, § 18, eff. July 31, 2007.

A.C.A. § 5-5-403

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 4. Forfeiture of Weapons and Ammunition (Refs & Annos)

§ 5-5-403. Use of weapons

The State Crime Laboratory may:

(1) Receive a weapon or ammunition pursuant to this subchapter; and

(2) Use a weapon or ammunition received pursuant to this subchapter for:

(A) Testing;

(B) Training;

(D) Such other appropriate purposes as are determined by the Executive Director of the State Crime Laboratory.

CREDIT(S)

Acts of 1995, Act 202, § 1, eff. Feb. 9, 1995.

A.C.A. § 5-5-404

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 4. Forfeiture of Weapons and Ammunition (Refs & Annos)

§ 5-5-404. Receipts

(a)(1) When any weapon or ammunition is transferred and delivered to the State Crime Laboratory, the laboratory shall provide a receipt to be signed by the transferor or donor and the laboratory officer or employee accepting the weapon or ammunition.

(2) The receipt shall contain the following information:

(A) A list of any weapon by type, make, and caliber;

(B) The serial number of a weapon, when available;

(D) The type, caliber, and make of the ammunition, when available.

(b) A copy of the receipt shall be retained by the laboratory and a copy of the receipt shall be delivered to the agency, individual, or other entity transferring or donating a weapon or ammunition.

CREDIT(S)

Acts of 1995, Act 202, § 1, eff. Feb. 9, 1995.

A.C.A. § 5-5-405

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 5. Disposition of Contraband and Seized Property

Subchapter 4. Forfeiture of Weapons and Ammunition (Refs & Annos)

§ 5-5-405. Destruction of weapons

When the Executive Director of the State Crime Laboratory determines that any weapon or ammunition transferred or donated pursuant to a provision of this subchapter is no longer useful to the State Crime Laboratory, the weapon, piece of weapon, or ammunition shall be destroyed.

CREDIT(S)

Acts of 1995, Act 202, § 1, eff. Feb. 9, 1995.

A.C.A. T. 5, Subt. 1, Ch. 6 to 9, Reserved

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapters 6 to 9. Reserved

A.C.A. T. 5, Subt. 2, Ch. 10, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 10. Homicide

A.C.A. § 5-10-101

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 10. Homicide (Refs & Annos)

§ 5-10-101. Capital murder

(a) A person commits capital murder if:

(1) Acting alone or with one (1) or more other persons:

(A) The person commits or attempts to commit:

(i) Terrorism, as defined in § 5-54-205;

(ii) Rape, § 5-14-103;

(iii) Kidnapping, § 5-11-102;

(iv) Vehicular piracy, § 5-11-105;

(v) Robbery, § 5-12-102;

(vi) Aggravated robbery, § 5-12-103;

(vii) Residential burglary, § 5-39-201(a);

(viii) Commercial burglary, § 5-39-201(b);

(ix) Aggravated residential burglary, § 5-39-204;

(x) A felony violation of the Uniform Controlled Substances Act, §§ 5-64-101 -- 5-64-508, involving an actual delivery of a controlled substance; or

(xi) First degree escape, § 5-54-110; and

(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of a person under circumstances manifesting extreme indifference to the value of human life;

(2) Acting alone or with one (1) or more other persons:

(A) The person commits or attempts to commit arson, § 5-38-301; and

(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person;

(3) With the premeditated and deliberated purpose of causing the death of any law enforcement officer, jailer, prison official, firefighter, judge or other court official, probation officer, parole officer, any military personnel, or teacher or school employee, when such person is acting in the line of duty, the person causes the death of any person;

(4) With the premeditated and deliberated purpose of causing the death of another person, the person causes the death of any person;

(5) With the premeditated and deliberated purpose of causing the death of the holder of any public office filled by election or appointment or a candidate for public office, the person causes the death of any person;

(6) While incarcerated in the Department of Correction or the Department of Community Correction, the person purposely causes the death of another person after premeditation and deliberation;

(7) Pursuant to an agreement that the person cause the death of another person in return for anything of value, he or she causes the death of any person;

(8) The person enters into an agreement in which a person is to cause the death of another person in return for anything of value, and a person hired pursuant to the agreement causes the death of any person;

(9)(A) Under circumstances manifesting extreme indifference to the value of human life, the person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed if the defendant was eighteen (18) years of age or older at the time the murder was committed.

(B) It is an affirmative defense to any prosecution under this subdivision (a)(9) arising from the failure of the parent, guardian, or person standing in loco parentis to provide specified medical or surgical treatment, that the parent, guardian, or person standing in loco parentis relied solely on spiritual treatment through prayer in accordance with the tenets and practices of an established church or religious denomination of which he or she is a member; or

(10) The person:

(A) Purposely discharges a firearm from a vehicle at a person or at a vehicle, conveyance, or a residential or commercial occupiable structure that he or she knows or has good reason to believe to be occupied by a person; and

(B) Thereby causes the death of another person under circumstances manifesting extreme indifference to the value of human life.

(b) It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for an offense in which the defendant was not the only participant that the defendant did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid in the homicidal act's commission.

(c)(1) Capital murder is punishable by death or life imprisonment without parole under §§ 5-4-601 -- 5-4-605, 5-4-607, and 5-4-608.

(2) For any purpose other than disposition under §§ 5-4-101 -- 5-4-104, 5-4-201 -- 5-4-204, 5-4-301 -- 5-4-307, 5-4-401 -- 5-4-404, 5-4-501 -- 5-4-504, 5-4-601 -- 5-4-605, 5-4-607, 5-4-608, 16-93-307, 16-93-313, and 16-93-314, capital murder is a Class Y felony.

CREDIT(S)

Acts of 1975, Act 280, § 1501; Acts of 1983, Act 341, § 1; Acts of 1985, Act 840, § 1; Acts of 1987, Act 242, § 2; Acts of 1989, Act 97, § 1; Acts of 1989, Act 856, § 1; Acts of 1991, Act 683, § 1; Acts of 1993, Act 1189, § 2; Acts of 1995, Act 258, § 1; Acts of 1995, Act 800, § 1; Acts of 2003, Act 1342, § 5, eff. April 14, 2003; Acts of 2007, Act 827, § 19, eff. July 31, 2007; Acts of 2007, Act 827, § 20, eff. July 31, 2007; Acts of 2009, Act 748, § 6, eff. July 31, 2009; Acts of 2009, Act 1395, § 3, eff. July 31, 2009; Acts of 2011, Act 570, § 22, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-1501.

A.C.A. § 5-10-102

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 10. Homicide (Refs & Annos)

§ 5-10-102. Murder in the first degree

(a) A person commits murder in the first degree if:

(1) Acting alone or with one (1) or more other persons:

(A) The person commits or attempts to commit a felony; and

(B) In the course of and in the furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life;

(2) With a purpose of causing the death of another person, the person causes the death of another person; or

(3) The person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed.

(b) It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for an offense in which the defendant was not the only participant that the defendant:

(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission;

(2) Was not armed with a deadly weapon;

(3) Reasonably believed that no other participant was armed with a deadly weapon; and

(4) Reasonably believed that no other participant intended to engage in conduct that could result in death or serious physical injury.

CREDIT(S)

Acts of 1975, Act 280, § 1502; Acts of 1981, Act 620, § 10; Acts of 1987 (1st Ex. Sess.), Act 52, § 1; Acts of 1989, Act 856, § 2; Acts of 1991, Act 683, § 2.

Formerly A.S.A. 1947, § 41-1502.

A.C.A. § 5-10-103

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 10. Homicide (Refs & Annos)

§ 5-10-103. Murder in the second degree

(a) A person commits murder in the second degree if:

(1) The person knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; or

(2) With the purpose of causing serious physical injury to another person, the person causes the death of any person.

(b) Murder in the second degree is a Class A felony.

CREDIT(S)

Acts of 1975, Act 280, § 1503; Acts of 1989, Act 856, § 3; Acts of 2005, Act 1532, § 1, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 41-1503.

A.C.A. § 5-10-104

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 10. Homicide (Refs & Annos)

§ 5-10-104. Manslaughter

(a) A person commits manslaughter if:

(1)(A) The person causes the death of another person under circumstances that would be murder, except that he or she causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse.

(B) The reasonableness of the excuse is determined from the viewpoint of a person in the actor's situation under the circumstances as the actor believed them to be;

(2) The person purposely causes or aids another person to commit suicide;

(3) The person recklessly causes the death of another person; or

(4) Acting alone or with one (1) or more persons:

(A) The person commits or attempts to commit a felony; and

(B) In the course of and in furtherance of the felony or in immediate flight from the felony:

(i) The person or an accomplice negligently causes the death of any person; or

(ii) Another person who is resisting the felony or flight causes the death of any person.

(b) It is an affirmative defense to any prosecution under subsection (a)(4) of this section for an offense in which the defendant was not the only participant that the defendant:

(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission;

(2) Was not armed with a deadly weapon;

(3) Reasonably believed that no other participant was armed with a deadly weapon; and

(4) Reasonably believed that no other participant intended to engage in conduct which could result in death or serious physical injury.

CREDIT(S)

Acts of 1975, Act 280, § 1504; Acts of 2007, Act 827, § 21, eff. July 31, 2007.

Formerly A.S.A. 1947, § 41-1504.

A.C.A. § 5-10-105

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 10. Homicide (Refs & Annos)

§ 5-10-105. Negligent homicide

(a)(1) A person commits negligent homicide if he or she negligently causes the death of another person, not constituting murder or manslaughter, as a result of operating a vehicle, an aircraft, or a watercraft:

(A) While intoxicated;

(B)(i) If at that time there is an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood based upon the definition of breath, blood, and urine concentration in § 5-65-204, as determined by a chemical test of the person's blood, urine, breath, or other bodily substance.

(ii) The method of chemical analysis of the person's blood, urine, or breath shall be made in accordance with §§ 5-65-204 and 5-65-206; or

(2) A person who violates subdivision (a)(1) of this section is guilty of a Class B felony.

(b)(1) A person commits negligent homicide if he or she negligently causes the death of another person.

(2) A person who violates subdivision (b)(1) of this section is guilty of a Class A misdemeanor.

(c) As used in this section, “intoxicated” means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant to such a degree that the driver's reactions, motor skills, and judgment are substantially altered and the driver therefore constitutes a clear and substantial danger of physical injury or death to himself or herself and other motorists or pedestrians.

CREDIT(S)

Acts of 1975, Act 280, § 1505; Acts of 1987, Act 538, § 1; Acts of 1999, Act 1112, § 1, eff. July 30, 1999; Acts of 2001, Act 561, § 1, eff. Aug. 13, 2001; Acts of 2005, Act 1004, § 1, eff. Aug. 12, 2005; Acts of 2005, Act 2128, § 2, eff. Aug. 12, 2005; Acts of 2009, Act 650, § 1, eff. July 31, 2009.

Formerly A.S.A. 1947, § 41-1505.

A.C.A. § 5-10-106

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 10. Homicide (Refs & Annos)

§ 5-10-106. Physician-assisted suicide; Class C felony

(a)(1) As used in this section, “physician-assisted suicide” means a physician or health care provider participating in a medical procedure or knowingly prescribing any drug, compound, or substance for the express purpose of assisting a patient to intentionally end the patient's life.

(2) However, “physician-assisted suicide” does not apply to a person participating in the execution of a person sentenced by a court to death by lethal injection.

(b) It is unlawful for any physician or health care provider to commit the offense of physician-assisted suicide by:

(1) Prescribing any drug, compound, or substance to a patient with the express purpose of assisting the patient to intentionally end the patient's life; or

(2) Assisting in any medical procedure for the express purpose of assisting a patient to intentionally end the patient's life.

(c) Upon conviction, any physician or health care provider violating subsection (b) of this section is guilty of a Class C felony.

(d) Nothing in this section prohibits a:

(1) Physician or health care provider from carrying out an advanced directive or living will; or

(2) Physician from prescribing any drug, compound, or substance for the specific purpose of pain relief.

CREDIT(S)

Acts of 1999, Act 394, § 1, eff. July 30, 1999; Acts of 2007, Act 827, § 22, eff. July 31, 2007; Acts of 2007, Act 827, § 23, eff. July 31, 2007.

A.C.A. T. 5, Subt. 2, Ch. 11, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 11. Kidnapping and Related Offenses

A.C.A. § 5-11-101

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 11. Kidnapping and Related Offenses (Refs & Annos)

§ 5-11-101. Kidnapping definitions

As used in this chapter:

(1) “Deviate sexual activity” means any act of sexual gratification involving:

(A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or

(B) The penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person;

(2)(A) “Incompetent” means that a person is unable to care for himself or herself because of physical or mental disease or defect.

(B) The status embraced by “incompetent” may or may not exist regardless of any adjudication concerning incompetency;

(3) “Restraint without consent” includes:

(A) Restraint by physical force, threat, or deception; or

(B) In the case of a person who is under fourteen (14) years of age or incompetent, restraint without the consent of a parent, guardian, or other person responsible for general supervision of his or her welfare;

(4) “Sexual contact” means any act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female;

(5) “Sexual intercourse” means penetration, however slight, of the labia majora by a penis; and

(6) “Vehicle” means any craft or device designed for the transportation of a person or property across land or water or through the air.

CREDIT(S)

Acts of 1975, Act 280, § 1701; Acts of 1977, Act 360, § 5; Acts of 2007, Act 827, §§ 24A, 24B, 25, eff. July 31, 2007.

Formerly A.S.A. 1947, § 41-1701.

A.C.A. § 5-11-102

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 11. Kidnapping and Related Offenses (Refs & Annos)

§ 5-11-102. Kidnapping provisions

(a) A person commits the offense of kidnapping if, without consent, the person restrains another person so as to interfere substantially with the other person's liberty with the purpose of:

(1) Holding the other person for:

(A) Ransom or reward; or

(B) Any other act to be performed or not performed for the other person's return or release;

(2) Using the other person as a shield or hostage;

(3) Facilitating the commission of any felony or flight after the felony;

(4) Inflicting physical injury upon the other person;

(5) Engaging in sexual intercourse, deviate sexual activity, or sexual contact with the other person;

(6) Terrorizing the other person or another person; or

(7) Interfering with the performance of any governmental or political function.

(b)(1) Kidnapping is a Class Y felony.

(2) However, kidnapping is a Class B felony if the defendant shows by a preponderance of the evidence that he or she or an accomplice voluntarily released the person restrained alive and in a safe place prior to trial.

CREDIT(S)

Acts of 1975, Act 280, § 1702; Acts of 1977, Act 474, § 15; Acts of 1981, Act 620, § 11.

Formerly A.S.A. 1947, § 41-1702.

A.C.A. § 5-11-103

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 11. Kidnapping and Related Offenses (Refs & Annos)

§ 5-11-103. First degree false imprisonment

(a) A person commits the offense of false imprisonment in the first degree if, without consent and without lawful authority, the person knowingly restrains another person so as to interfere substantially with the other person's liberty in a manner that exposes the other person to a substantial risk of serious physical injury.

(b) False imprisonment in the first degree is a Class C felony.

CREDIT(S)

Acts of 1975, Act 280, § 1703.

Formerly A.S.A. 1947, § 41-1703.

A.C.A. § 5-11-104

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 11. Kidnapping and Related Offenses (Refs & Annos)

§ 5-11-104. Second degree false imprisonment

(a) A person commits the offense of false imprisonment in the second degree if, without consent and without lawful authority, the person knowingly restrains another person so as to interfere substantially with the other person's liberty.

(b) False imprisonment in the second degree is a Class A misdemeanor.

CREDIT(S)

Acts of 1975, Act 280, § 1704.

Formerly A.S.A. 1947, § 41-1704.

A.C.A. § 5-11-105

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 11. Kidnapping and Related Offenses (Refs & Annos)

§ 5-11-105. Vehicular piracy, defined

(a) A person commits vehicular piracy if, without lawful authority, the person seizes or exercises control, by force or threat of violence, over any:

(1) Aircraft occupied by an unconsenting person; or

(2) Other vehicle:

(A) Having a seating capacity of more than eight (8) passengers;

(B) Operated by a common carrier or contract carrier of passengers for hire; and

(b)(1) Vehicular piracy of an aircraft is a Class B felony.

(2) Otherwise, vehicular piracy is a Class C felony.

CREDIT(S)

Acts of 1975, Act 280, § 1705.

Formerly A.S.A. 1947, § 41-1705.

A.C.A. § 5-11-106

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 11. Kidnapping and Related Offenses (Refs & Annos)

§ 5-11-106. Permanent restraint and detention

(a) A person commits the offense of permanent detention or restraint if, without consent and without lawful authority, the person restrains a person with the purpose of holding or concealing the other person:

(1) Without ever releasing the other person; or

(2) Without ever returning the other person to the person or institution from whose lawful custody the other person was taken.

(b)(1) Permanent detention or restraint is a Class B felony.

(2) However, permanent detention or restraint is a Class D felony if the person detained or restrained is the child of the defendant.

CREDIT(S)

Acts of 1975, Act 280, § 1706, Acts of 1977, Act 360, § 6.

Formerly A.S.A. 1947, § 41-1706.

A.C.A. § 5-11-107

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 11. Kidnapping and Related Offenses (Refs & Annos)

§ 5-11-107. Repealed by Acts of 2005, Act 1994, § 511, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, § 511, eff. Aug. 12, 2005.

Formerly Acts of 1995, Act 805, §§ 1, 4, eff. March 28, 1995.

A.C.A. § 5-11-108

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 11. Kidnapping and Related Offenses (Refs & Annos)

§ 5-11-108. Trafficking of persons

(a) As used in this section:

(1) “Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of the personal services of a person under his or her control as a security for debt, if:

(A) The value of the debtor's personal services or of the personal services of a person under his or her control as reasonably assessed is not applied toward the liquidation of the debt; or

(B) The length and nature of the debtor's personal services or of the personal services of a person under his or her control are not respectively limited and defined;

(2) “Involuntary servitude” means a condition of servitude induced by means of:

(A) Any scheme, plan, or pattern of behavior intended to cause a person to believe that if he or she does not enter into or continue the servitude, he or she or another person will suffer serious physical injury or physical restraint; or

(B) The abuse or threatened abuse of the legal process;

(3) “Peonage” means holding a person against his or her will to pay off a debt; and

(4) “Sexual conduct” means the same as defined in § 5-27-401.

(b) A person commits the offense of trafficking of persons if he or she:

(1) Recruits, harbors, transports, or obtains a person for labor or services through the use of force, fraud, or coercion for the purpose of subjecting the person to:

(A) Involuntary servitude;

(B) Peonage;

(D) Slavery;

(E) Marriage;

(F) Adoption; or

(G) Sexual conduct; or

(2) Benefits financially or benefits by receiving anything of value from participation in a venture under subdivision (b)(1) of this section.

CREDIT(S)

Acts of 2005, Act 2267, § 1, eff. Aug. 12, 2005.

A.C.A. T. 5, Subt. 2, Ch. 12, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 12. Robbery

A.C.A. § 5-12-101

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 12. Robbery (Refs & Annos)

§ 5-12-101. Physical force, defined

As used in this chapter, “physical force” means any:

(1) Bodily impact, restraint, or confinement; or

(2) Threat of any bodily impact, restraint, or confinement.

CREDIT(S)

Acts of 1975, Act 280, § 2101.

Formerly A.S.A. 1947, § 41-2101.

A.C.A. § 5-12-102

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 12. Robbery (Refs & Annos)

§ 5-12-102. Robbery, defined

(a) A person commits robbery if, with the purpose of committing a felony or misdemeanor theft or resisting apprehension immediately after committing a felony or misdemeanor theft, the person employs or threatens to immediately employ physical force upon another person.

(b) Robbery is a Class B felony.

CREDIT(S)

Acts of 1975, Act 280, § 2103; Acts of 1987, Act 934, § 1.

Formerly A.S.A. 1947, § 41-2103.

A.C.A. § 5-12-103

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 12. Robbery (Refs & Annos)

§ 5-12-103. Aggravated robbery

(a) A person commits aggravated robbery if he or she commits robbery as defined in § 5-12-102, and the person:

(1) Is armed with a deadly weapon;

(2) Represents by word or conduct that he or she is armed with a deadly weapon; or

(3) Inflicts or attempts to inflict death or serious physical injury upon another person.

(b) Aggravated robbery is a Class Y felony.

CREDIT(S)

Acts of 1975, Act 280, § 2102; Acts of 1979, Act 1118, § 1; Acts of 1981, Act 620, § 13; Acts of 1995, Act 1296, § 2.

Formerly A.S.A. 1947, § 41-2102.

A.C.A. T. 5, Subt. 2, Ch. 13, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 13. Assault and Battery

A.C.A. T. 5, Subt. 2, Ch. 13, Subch. 1, Reserved

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 13. Assault and Battery (Refs & Annos)

Subchapter 1. General Provisions Reserved

A.C.A. T. 5, Subt. 2, Ch. 13, Subch. 2, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 13. Assault and Battery

Subchapter 2. Offenses Generally

A.C.A. § 5-13-201

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 13. Assault and Battery (Refs & Annos)

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-13-201. Battery in the first degree

(a) A person commits battery in the first degree if:

(1) With the purpose of causing serious physical injury to another person, the person causes serious physical injury to any person by means of a deadly weapon;

(2) With the purpose of seriously and permanently disfiguring another person or of destroying, amputating, or permanently disabling a member or organ of that other person's body, the person causes such an injury to any person;

(3) The person causes serious physical injury to another person under circumstances manifesting extreme indifference to the value of human life;

(4) Acting alone or with one (1) or more other persons:

(A) The person commits or attempts to commit a felony; and

(B) In the course of and in furtherance of the felony or in immediate flight from the felony:

(i) The person or an accomplice causes serious physical injury to any person under circumstances manifesting extreme indifference to the value of human life; or

(ii) Another person who is resisting the felony or flight causes serious physical injury to any person;

(5) With the purpose of causing serious physical injury to an unborn child or to a woman who is pregnant with an unborn child, the person causes serious physical injury to the unborn child;

(6) The person knowingly causes physical injury to a pregnant woman in the commission of a felony or a Class A misdemeanor, and in so doing, causes serious physical injury to the pregnant woman's unborn child, and the unborn child is subsequently born alive;

(7) The person knowingly, without legal justification, causes serious physical injury to a person he or she knows to be twelve (12) years of age or younger;

(8) With the purpose of causing physical injury to another person, the person causes physical injury to any person by means of a firearm; or

(9) The person knowingly causes serious physical injury to any person four (4) years of age or younger under circumstances manifesting extreme indifference to the value of human life.

(b) It is an affirmative defense in any prosecution under subdivision (a)(4) of this section in which the defendant was not the only participant that the defendant:

(1) Did not commit the battery or in any way solicit, command, induce, procure, counsel, or aid the battery's commission;

(2) Was not armed with a deadly weapon;

(3) Reasonably believed that no other participant was armed with a deadly weapon; and

(4) Reasonably believed that no other participant intended to engage in conduct that could result in serious physical injury.

(c)(1) Except as provided in subdivisions (c)(2) and (3) of this section, battery in the first degree is a Class B felony.

(2) Battery in the first degree is a Class Y felony under the circumstances described in subdivision (a)(9) of this section.

(3) Battery in the first degree is a Class Y felony if the injured person is a law enforcement officer acting in the line of duty.

CREDIT(S)

Acts of 1975, Act 280, § 1601; Acts of 1987, Act 482, § 1; Acts of 1995, Act 360, § 1; Acts of 1995, Act 1305, § 1; Acts of 2005, Act 1994, § 474, eff. Aug. 12, 2005; Acts of 2007, Act 622, § 1, eff. July 31, 2007; Acts of 2007, Act 709, § 2, eff. July 31, 2007; Acts of 2007, Act 827, § 26, eff. July 31, 2007.

Formerly A.S.A. 1947, § 41-1601.

A.C.A. § 5-13-202

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 13. Assault and Battery (Refs & Annos)

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-13-202. Battery in the second degree

(a) A person commits battery in the second degree if:

(1) With the purpose of causing physical injury to another person, the person causes serious physical injury to any person;

(2) With the purpose of causing physical injury to another person, the person causes physical injury to any person by means of a deadly weapon other than a firearm;

(3) The person recklessly causes serious physical injury to another person by means of a deadly weapon; or

(4) The person knowingly, without legal justification, causes physical injury to or incapacitates a person he or she knows to be:

(A)(i) A law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while the law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility is acting in the line of duty.

(ii) As used in this subdivision (a)(4)(A):

(a)(1) “Code enforcement officer” means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation.

(2) “Code enforcement officer” includes a municipal animal control officer;

(b) “Employee of a correctional facility” includes a person working under a professional services contract with the Department of Correction, the Department of Community Correction, or the Division of Youth Services of the Department of Human Services; and

(B) A teacher or other school employee while acting in the course of employment;

(D) An officer or employee of the state while the officer or employee of the state is acting in the performance of his or her lawful duty;

(E) While performing medical treatment or emergency medical services or while in the course of other employment relating to his or her medical training:

(i) A physician;

(ii) A person licensed as emergency medical services personnel, as defined in § 20-13-202;

(iii) A licensed or certified health care professional; or

(iv) Any other health care provider; or

(F) An individual who is incompetent, as defined in § 5-25-101.

(b) Battery in the second degree is a Class D felony.

CREDIT(S)

Acts of 1975, Act 280, § 1602; Acts of 1981, Act 877, § 1; Acts of 1983, Act 12, § 1; Acts of 1995, Act 1173, § 1; Acts of 1995, Act 1305, § 2; Acts of 1995, Act 1338, § 1; Acts of 1997, Act 207, § 1; Acts of 1997, Act 878, § 1; Acts of 1999, Act 389, § 1, eff. July 30, 1999; Acts of 2003, Act 66, § 1, eff. July 16, 2003; Acts of 2007, Act 827, § 27, eff. July 31, 2007; Acts of 2009, Act 344, § 1, eff. July 31, 2009; Acts of 2009, Act 689, § 1, eff. July 31, 2009; Acts of 2011, Act 1120, § 6, eff. July 27, 2011; Acts of 2011, Act 1168, § 1, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-1602.

A.C.A. § 5-13-203

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 13. Assault and Battery (Refs & Annos)

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-13-203. Battery in the third degree

(a) A person commits battery in the third degree if:

(1) With the purpose of causing physical injury to another person, the person causes physical injury to any person;

(2) The person recklessly causes physical injury to another person;

(3) The person negligently causes physical injury to another person by means of a deadly weapon; or

(4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to another person by administering to the other person, without the other person's consent, any drug or other substance.

(b) Battery in the third degree is a Class A misdemeanor.

CREDIT(S)

Acts of 1975, Act 280, § 1603.

Formerly A.S.A. 1947, § 41-1603.

A.C.A. § 5-13-204

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 13. Assault and Battery (Refs & Annos)

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-13-204. Aggravated assault

(a) A person commits aggravated assault if, under circumstances manifesting extreme indifference to the value of human life, he or she purposely:

(1) Engages in conduct that creates a substantial danger of death or serious physical injury to another person;

(2) Displays a firearm in such a manner that creates a substantial danger of death or serious physical injury to another person; or

(3) Impedes or prevents the respiration of another person or the circulation of another person's blood by applying pressure on the throat or neck or by blocking the nose or mouth of the other person.

(b) Aggravated assault is a Class D felony.

(1) A law enforcement officer acting within the scope of his or her duty; or

(2) A person acting in self-defense or the defense of a third party.

CREDIT(S)

Acts of 1975, Act 280, § 1604; Acts of 2003, Act 1113, § 1, eff. July 16, 2003; Acts of 2009, Act 332, § 1, eff. July 31, 2009.

Formerly A.S.A. 1947, § 41-1604.

A.C.A. § 5-13-205

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 13. Assault and Battery (Refs & Annos)

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-13-205. Assault in the first degree

(a) A person commits assault in the first degree if he or she:

(1) Recklessly engages in conduct that creates a substantial risk of death or serious physical injury to another person; or

(2) Purposely impedes or prevents the respiration of another person or the circulation of another person's blood by applying pressure on the throat or neck or by blocking the nose or mouth of the other person.

(b) Assault in the first degree is a Class A misdemeanor.

(c) It is a defense to prosecution under subdivision (a)(2) of this section if the other person consented to the impeding or prevention of his or her respiration or circulation of blood.

CREDIT(S)

Acts of 1975, Act 280, § 1605; Acts of 2009, Act 332, § 2, eff. July 31, 2009.

Formerly A.S.A. 1947, § 41-1605.

A.C.A. § 5-13-206

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 13. Assault and Battery (Refs & Annos)

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-13-206. Assault in the second degree

(a) A person commits assault in the second degree if he or she recklessly engages in conduct that creates a substantial risk of physical injury to another person.

(b) Assault in the second degree is a Class B misdemeanor.

CREDIT(S)

Acts of 1975, Act 280, § 1606.

Formerly A.S.A. 1947, § 41-1606.

A.C.A. § 5-13-207

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 13. Assault and Battery (Refs & Annos)

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-13-207. Assault in the third degree

(a) A person commits assault in the third degree if he or she purposely creates apprehension of imminent physical injury in another person.

(b) Assault in the third degree is a Class C misdemeanor.

CREDIT(S)

Acts of 1975, Act 280, § 1607.

Formerly A.S.A. 1947, § 41-1607.

A.C.A. § 5-13-208

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 13. Assault and Battery (Refs & Annos)

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-13-208. Coercion, conduct constituting

(a) A person commits coercion if he or she compels or induces another person to engage in conduct from which the other person has a legal right to abstain, or to abstain from engaging in conduct in which the other person has a legal right to engage, by purposeful conduct designed to instill in the other person a fear that, if a demand is not complied with, the actor or another person will:

(1) Cause physical injury to any person;

(2) Cause damage to property;

(3) Subject any person to physical confinement;

(4) Accuse any person of an offense or cause criminal proceedings to be instituted against any person; or

(5) Expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule.

(b) Coercion is a Class A misdemeanor.

CREDIT(S)

Acts of 1975, Act 280, § 1609.

Formerly A.S.A. 1947, § 41-1609.

A.C.A. § 5-13-209

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 13. Assault and Battery (Refs & Annos)

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-13-209. Abuse of athletic official

(a) A person commits abuse of an athletic official if, with the purpose of causing physical injury to another person, the person strikes or otherwise physically abuses an athletic contest official immediately prior to, during, or immediately following an interscholastic, intercollegiate, or any other organized amateur or professional athletic contest in which the athletic contest official is participating.

(b) Abuse of an athletic official is a Class A misdemeanor.

CREDIT(S)

Acts of 1987, Act 355, § 1; Acts of 2007, Act 827, § 28, eff. July 31, 2007.

A.C.A. § 5-13-210

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 13. Assault and Battery (Refs & Annos)

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-13-210. Administering to another, controlled substances

(a) It is unlawful for any person to inject any controlled substance as defined by the Uniform Controlled Substances Act, § 5-64-101 et seq., into the human body of another person, unless the controlled substance has been ordered for the person receiving the controlled substance by a licensed practitioner, licensed by the state to prescribe controlled substances in the schedule involved and this being for a legitimate medical purpose.

(b) It is unlawful for any person to administer or cause to be ingested, inhaled, or otherwise introduced into the human body of another person a controlled substance as defined by the Uniform Controlled Substances Act, § 5-64-101 et seq., unless the controlled substance has been ordered for the person receiving the controlled substance by a licensed practitioner, licensed by the state to prescribe controlled substances in the schedule involved and this being for a legitimate medical purpose.

(1) A controlled substance in Schedule I or Schedule II, which is a narcotic drug, is guilty of a Class Y felony;

(2) Any other controlled substance in Schedule I, Schedule II, or Schedule III is guilty of a Class B felony; or

(3) Any other controlled substance in Schedule IV, Schedule V, or Schedule VI is guilty of a Class C felony.

(d) The provisions of this section and any criminal penalty provided for in this section are in addition to any other criminal penalty a person may be subjected to under a provision of the Arkansas Criminal Code or the Uniform Controlled Substances Act, § 5-64-101 et seq.

(e) It is not a defense under a provision of this section that a person:

(1) Consented to being injected with the controlled substance; or

(2) Ingested, inhaled, or otherwise introduced the controlled substance into his or her human body knowingly and voluntarily.

(f) Notwithstanding a provision of subsection (c) of this section, any person is guilty of a Class Y felony who violates this section by introducing a controlled substance into the body of another person without that other person's knowledge or consent with the purpose of:

(1) Committing any felony sexual offense, as defined in Arkansas law;

(2) Engaging in any unlawful sexual act, as defined in § 5-14-101 et seq.;

(3) Engaging in any unlawful sexual contact, as defined in § 5-14-101; or

(4) Engaging in any act involving a child engaging in sexual explicit conduct, as defined in § 5-27-302.

CREDIT(S)

Acts of 1987, Act 848, §§ 1 to 3; Acts of 1999, Act 516, § 1, eff. July 30, 1999.

A.C.A. § 5-13-211

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 13. Assault and Battery (Refs & Annos)

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-13-211. Aggravated assault upon a certified law enforcement officer or an employee of a correctional facility

(a) A person commits aggravated assault upon a certified law enforcement officer or an employee of a correctional facility if, under circumstances manifesting extreme indifference to the personal hygiene of the certified law enforcement officer or employee of the correctional facility, the person purposely engages in conduct that creates a potential danger of infection to the certified law enforcement officer or an employee of any state or local correctional facility while the certified law enforcement officer or employee of the state or local correctional facility is engaged in the course of his or her employment by causing a person whom the actor knows to be a certified law enforcement officer or employee of the state or local correctional facility to come into contact with saliva, blood, urine, feces, seminal fluid, or other bodily fluid by purposely throwing, tossing, expelling, or otherwise transferring the fluid or material.

(b) Aggravated assault upon a certified law enforcement officer or an employee of a correctional facility is a Class D felony.

CREDIT(S)

Acts of 1997, Act 1235, § 1; Acts of 2003, Act 1271, § 1, eff. July 16, 2003; Acts of 2011, Act 277, § 1, eff. July 27, 2011.

A.C.A. § 5-13-301

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 13. Assault and Battery (Refs & Annos)

Subchapter 3. Terrorism

§ 5-13-301. Terroristic threatening

(a)(1) A person commits the offense of terroristic threatening in the first degree if:

(A) With the purpose of terrorizing another person, the person threatens to cause death or serious physical injury or substantial property damage to another person; or

(B) With the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to a teacher or other school employee acting in the line of duty.

(2) Terroristic threatening in the first degree is a Class D felony.

(b)(1) A person commits the offense of terroristic threatening in the second degree if, with the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to another person.

(2) Terroristic threatening in the second degree is a Class A misdemeanor.

(c)(1)(A) Upon pretrial release of the defendant, a judicial officer shall:

(i) Enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure; and

(ii) Give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.

(B) The no contact order under subdivision (c)(1)(A) of this section remains in effect during the pendency of any appeal of a conviction under this section.

(C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order under subdivision (c)(1)(A) of this section to the victim and arresting agency without unnecessary delay.

(2) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter such orders as are consistent with § 5-2-305.

CREDIT(S)

Acts of 1975, Act 280, § 1608; Acts of 1979, Act 753, § 1; Acts of 1993, Act 379, § 4, eff. March 8, 1993; Acts of 1993, Act 388, § 4, eff. March 8, 1993; Acts of 1993, Act 1189, § 3; Acts of 1995, Act 1302, § 2, eff. April 14, 1995.

Formerly A.S.A. 1947, § 41-1608.

A.C.A. § 5-13-302

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 13. Assault and Battery (Refs & Annos)

Subchapter 3. Terrorism

§§ 5-13-302 to 5-13-309. Reserved

A.C.A. § 5-13-309

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 13. Assault and Battery (Refs & Annos)

Subchapter 3. Terrorism

§§ 5-13-302 to 5-13-309. Reserved

A.C.A. § 5-13-310

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 13. Assault and Battery (Refs & Annos)

Subchapter 3. Terrorism

§ 5-13-310. Terroristic act

(a) A person commits a terroristic act if, while not in the commission of a lawful act, the person:

(1) Shoots at or in any manner projects an object at a conveyance which is being operated or which is occupied by another person with the purpose to cause injury to another person or damage to property; or

(2) Shoots at an occupiable structure with the purpose to cause injury to a person or damage to property.

(b)(1) Upon conviction, any person who commits a terroristic act is guilty of a Class B felony.

(2) Upon conviction, any person who commits a terroristic act is guilty of a Class Y felony if the person with the purpose of causing physical injury to another person causes serious physical injury or death to any person.

(c) This section does not repeal any law or part of a law in conflict with this section, but is supplemental to the law or part of a law in conflict.

CREDIT(S)

Acts of 1975, Act 312, §§ 1 to 3; Acts of 1979, Act 428, § 1; Acts of 1993, Act 544, § 1, eff. March 16, 1993; Acts of 2005, Act 197, § 1, eff. Aug. 12, 2005; Acts of 2007, Act 827, § 29, eff. July 31, 2007.

Formerly A.S.A. 1947, §§ 41-1651, 41-1652, 41-1652n.

A.C.A. T. 5, Subt. 2, Ch. 14, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses

A.C.A. § 5-14-101

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-14-101. Definitions

As used in this chapter:

(1) “Deviate sexual activity” means any act of sexual gratification involving:

(A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or

(B) The penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person;

(2) “Forcible compulsion” means physical force or a threat, express or implied, of death or physical injury to or kidnapping of any person;

(3) “Guardian” means a parent, stepparent, legal guardian, legal custodian, foster parent, or any person who by virtue of a living arrangement is placed in an apparent position of power or authority over a minor;

(4)(A) “Mentally defective” means that a person suffers from a mental disease or defect that renders the person:

(i) Incapable of understanding the nature and consequences of a sexual act; or

(ii) Unaware a sexual act is occurring.

(B) A determination that a person is mentally defective shall not be based solely on the person's intelligence quotient;

(5) “Mentally incapacitated” means that a person is temporarily incapable of appreciating or controlling the person's conduct as a result of the influence of a controlled or intoxicating substance:

(A) Administered to the person without the person's consent; or

(B) That renders the person unaware a sexual act is occurring;

(6) “Minor” means a person who is less than eighteen (18) years of age;

(7) “Physically helpless” means that a person is:

(A) Unconscious;

(B) Physically unable to communicate a lack of consent; or

(8) “Public place” means a publicly or privately owned place to which the public or a substantial number of people have access;

(9) “Public view” means observable or likely to be observed by a person in a public place;

(10) “Sexual contact” means any act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female; and

(11) “Sexual intercourse” means penetration, however slight, of the labia majora by a penis.

CREDIT(S)

Acts of 1975, Act 280, § 1801; Acts of 1985, Act 327, § 1; Acts of 1985, Act 563, § 1; Acts of 1995, Act 525, § 1; Acts of 2001, Act 1724, § 1, eff. Aug. 13, 2001; Acts of 2009, Act 748, § 7, eff. July 31, 2009.

Formerly A.S.A. 1947, § 41-1801.

A.C.A. § 5-14-102

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-14-102. Criminality of conduct

(a) The definition of an offense that excludes conduct with a spouse shall not be construed to preclude accomplice liability of a spouse.

(b) When the criminality of conduct depends on a child's being below fourteen (14) years of age and the actor is twenty (20) years of age or older, it is no defense that the actor:

(1) Did not know the age of the child; or

(2) Reasonably believed the child to be fourteen (14) years of age or older.

(c)(1) When criminality of conduct depends on a child's being below fourteen (14) years of age and the actor is under twenty (20) years of age, it is an affirmative defense that the actor reasonably believed the child to be of the critical age or above.

(2) However, the actor may be guilty of the lesser offense defined by the age that the actor reasonably believed the child to be.

(d)(1) When criminality of conduct depends on a child's being below a critical age older than fourteen (14) years, it is an affirmative defense that the actor reasonably believed the child to be of the critical age or above.

(2) However, the actor may be guilty of the lesser offense defined by the age that the actor reasonably believed the child to be.

(e) When criminality of conduct depends on a victim's being incapable of consent because he or she is mentally defective or mentally incapacitated, it is an affirmative defense that the actor reasonably believed that the victim was capable of consent.

CREDIT(S)

Acts of 1975, Act 280, § 1802; Acts of 1985, Act 281, § 1; Acts of 1985, Act 870, § 4; Acts of 1985, Act 919, § 1; Acts of 2003, Act 1323, § 2, eff. July 16, 2003.

Formerly A.S.A. 1947, § 41-1802.

A.C.A. § 5-14-103

Effective: March 1, 2013

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-14-103. Rape

(a) A person commits rape if he or she engages in sexual intercourse or deviate sexual activity with another person:

(1) By forcible compulsion;

(2) Who is incapable of consent because he or she is:

(A) Physically helpless;

(B) Mentally defective; or

(3)(A) Who is less than fourteen (14) years of age.

(B) It is an affirmative defense to a prosecution under subdivision (a)(3)(A) of this section that the actor was not more than three (3) years older than the victim; or

(4)(A) Who is a minor and the actor is the victim's:

(i) Guardian;

(ii) Uncle, aunt, grandparent, step-grandparent, or grandparent by adoption;

(iii) Brother or sister of the whole or half blood or by adoption; or

(iv) Nephew, niece, or first cousin.

(B) It is an affirmative defense to a prosecution under subdivision (a)(4)(A) of this section that the actor was not more than three (3) years older than the victim.

(b) It is no defense to a prosecution under subdivisions (a)(3) or (4) of this section that the victim consented to the conduct.

(c)(1) Rape is a Class Y felony.

(2) Any person who pleads guilty or nolo contendere to or is found guilty of rape involving a victim who is less than fourteen (14) years of age shall be sentenced to a minimum term of imprisonment of twenty-five (25) years.

(d)(1) A court may issue a permanent no contact order when:

(A) A defendant pleads guilty or nolo contendere; or

(B) All of the defendant's appeals have been exhausted and the defendant remains convicted.

(2) If a judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter such orders as are consistent with § 5-2-305.

(e) A person convicted of rape is subject to § 9-10-121.

CREDIT(S)

Acts of 1975, Act 280, § 1803; Acts of 1981, Act 620, § 12; Acts of 1985, Act 281, § 2; Acts of 1985, Act 919, § 2; Acts of 1993, Act 935, § 1; Acts of 1997, Act 831, § 1, eff. March 26, 1997; Acts of 2001, Act 299, § 1, eff. Aug. 13, 2001; Acts of 2001, Act 1738, § 1, eff. Aug. 13, 2001; Acts of 2003, Act 1469, § 3, eff. July 16, 2003; Acts of 2006 (1st Ex. Sess.), Act 5, § 2, eff. July 21, 2006; Acts of 2009, Act 748, § 8, eff. July 31, 2009; Acts of 2013, Act 210, § 2, eff. March 1, 2013.

Formerly A.S.A. 1947, § 41-1803.

A.C.A. § 5-14-104

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§§ 5-14-104 to 5-14-109. Repealed by Acts of 2001, Act 1738, §§ 6 to 11, eff. Aug. 13, 2001

CREDIT(S)

Acts of 2001, Act 1738, §§ 6 to 11, eff. Aug. 13, 2001.

Formerly A.S.A. 1947, §§ 41-1804 to 41-1809; Acts of 1975, Act 280, §§ 1804 to 1809; Acts of 1985, Act 281, §§ 3, 4; Acts of 1985, Act 870, §§ 2, 3; Acts of 1985, Act 919, §§ 3, 4; Acts of 1993, Act 935, §§ 2 to 4; Acts of 1995, Act 208, § 1; Acts of 1995, Act 294, § 1; Acts of 1995, Act 578, § 1; Acts of 1995, Act 1313, §§ 1, 2; Acts of 1997, Act 514, § 1; Acts of 1997, Act 831, § 2; Acts of 1997, Act 1037, § 1; Acts of 2001, Act 545, § 2.

A.C.A. § 5-14-105

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§§ 5-14-104 to 5-14-109. Repealed by Acts of 2001, Act 1738, §§ 6 to 11, eff. Aug. 13, 2001

CREDIT(S)

Acts of 2001, Act 1738, §§ 6 to 11, eff. Aug. 13, 2001.

A.C.A. § 5-14-106

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§§ 5-14-104 to 5-14-109. Repealed by Acts of 2001, Act 1738, §§ 6 to 11, eff. Aug. 13, 2001

CREDIT(S)

Acts of 2001, Act 1738, §§ 6 to 11, eff. Aug. 13, 2001.

A.C.A. § 5-14-107

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§§ 5-14-104 to 5-14-109. Repealed by Acts of 2001, Act 1738, §§ 6 to 11, eff. Aug. 13, 2001

CREDIT(S)

Acts of 2001, Act 1738, §§ 6 to 11, eff. Aug. 13, 2001.

A.C.A. § 5-14-108

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§§ 5-14-104 to 5-14-109. Repealed by Acts of 2001, Act 1738, §§ 6 to 11, eff. Aug. 13, 2001

CREDIT(S)

Acts of 2001, Act 1738, §§ 6 to 11, eff. Aug. 13, 2001.

A.C.A. § 5-14-109

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§§ 5-14-104 to 5-14-109. Repealed by Acts of 2001, Act 1738, §§ 6 to 11, eff. Aug. 13, 2001

CREDIT(S)

Acts of 2001, Act 1738, §§ 6 to 11, eff. Aug. 13, 2001.

A.C.A. § 5-14-110

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-14-110. Sexual indecency with a child

(a) A person commits sexual indecency with a child if:

(1) Being eighteen (18) years of age or older, the person solicits another person who is less than fifteen (15) years of age or who is represented to be less than fifteen (15) years of age to engage in:

(A) Sexual intercourse;

(B) Deviate sexual activity; or

(2)(A) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of any other person, the person purposely exposes his or her sex organs to another person who is less than fifteen (15) years of age.

(B) It is an affirmative defense to a prosecution under subdivision (a)(2)(A) of this section if the person is within three (3) years of age of the victim; or

(3) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of any other person, the person purposely exposes his or her sex organs to a minor, and the actor is:

(A) Employed with the Department of Correction, Department of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;

(B) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or

(C) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust and authority over the minor;

(4) With the purpose to arouse or gratify his or her sexual desire or a sexual desire of another person, a person who is eighteen (18) years of age or older causes or coerces a minor to expose his or her sex organs to another person, and the actor is:

(A) Employed with the Department of Correction, the Department of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;

(B) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or

(C) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor; or

(5) Being eighteen (18) years of age or older, the person causes or coerces another person who is less than fourteen (14) years of age to expose his or her sex organs or the breast of a female with the purpose to arouse or gratify a sexual desire of himself, herself, or another person.

(b) Sexual indecency with a child is a Class D felony.

CREDIT(S)

Acts of 1975, Act 280, § 1810; Acts of 1995, Act 550, § 1; Acts of 2001, Act 1821, § 1, eff. Aug. 13, 2001; Acts of 2005, Act 1993, § 1, eff. Aug. 12, 2005; Acts of 2007, Act 531, § 1, eff. July 31, 2007; Acts of 2009, Act 748, § 9, eff. July 31, 2009; Acts of 2009, Act 758, § 1, eff. July 31, 2009.

Formerly A.S.A. 1947, § 41-1810.

A.C.A. § 5-14-111

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-14-111. Public sexual indecency

(a) A person commits public sexual indecency if he or she engages in any of the following acts in a public place or public view:

(1) An act of sexual intercourse;

(2) An act of deviate sexual activity; or

(3) An act of sexual contact.

(b) Public sexual indecency is a Class A misdemeanor.

CREDIT(S)

Acts of 1975, Act 280, § 1811.

Formerly A.S.A. 1947, § 41-1811.

A.C.A. § 5-14-112

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-14-112. Indecent exposure

(a) A person commits indecent exposure if, with the purpose to arouse or gratify a sexual desire of himself or herself or of any other person, the person exposes his or her sex organs:

(1) In a public place or in public view; or

(2) Under circumstances in which the person knows the conduct is likely to cause affront or alarm.

(b)(1) Except as provided in subdivisions (b)(2) and (b)(3) of this section, indecent exposure is a Class A misdemeanor.

(2) For a fourth or fifth conviction within ten (10) years of a previous conviction, indecent exposure is a Class D felony.

(3) For a sixth conviction and each successive conviction within ten (10) years of a previous conviction, indecent exposure is a Class C felony.

(c) A woman is not in violation of this section for breastfeeding a child in a public place or any place where other individuals are present.

CREDIT(S)

Acts of 1975, Act 280, § 1812; Acts of 1997, Act 817, § 1; Acts of 2001, Act 1553, § 7, eff. Aug. 13, 2001; Acts of 2001, Act 1665, § 1, eff. Aug. 13, 2001; Acts of 2001, Act 1821, § 2, eff. Aug. 13, 2001; Acts of 2003, Act 862, § 1, eff. July 16, 2003; Acts of 2005, Act 1815, § 1, eff. Aug. 12, 2005; Acts of 2005, Act 1962, § 5, eff. Aug. 12, 2005; Acts of 2007, Act 38, § 1, eff. Jan. 30, 2007; Acts of 2007, Act 680, § 1, eff. July 31, 2007.

Formerly A.S.A. 1947, § 41-1812.

A.C.A. § 5-14-113

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§§ 5-14-113 to 5-14-119. Reserved

A.C.A. § 5-14-119

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§§ 5-14-113 to 5-14-119. Reserved

A.C.A. § 5-14-120

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§§ 5-14-120, 5-14-121. Repealed by Acts of 2001, Act 1738, §§ 12, 13, eff. Aug. 13, 2001

CREDIT(S)

Acts of 2001, Act 1738, §§ 12, 13, eff. Aug. 13, 2001.

Formerly A.S.A. 1947, §§ 41-1826, 41-1827; Acts of 1985, Act 326, §§ 1, 2; Acts of 1993, Act 265, §§ 1, 2.

A.C.A. § 5-14-121

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§§ 5-14-120, 5-14-121. Repealed by Acts of 2001, Act 1738, §§ 12, 13, eff. Aug. 13, 2001

CREDIT(S)

Acts of 2001, Act 1738, §§ 12, 13, eff. Aug. 13, 2001.

Formerly A.S.A. 1947, §§ 41-1826, 41-1827; Acts of 1985, Act 326, §§ 1, 2; Acts of 1993, Act 265, §§ 1, 2.

A.C.A. § 5-14-122

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-14-122. Bestiality

(a) As used in this section, “animal” means any dead or alive nonhuman vertebrate.

(b) A person commits bestiality if he or she performs or submits to any act of sexual gratification with an animal involving his or her or the animal's sex organs and the mouth, anus, penis, or vagina of the other.

CREDIT(S)

Acts of 1977, Act 828, § 1; Acts of 2005, Act 1994, § 496, eff. Aug. 12, 2005; Acts of 2007, Act 827, § 30, eff. July 31, 2007.

Formerly A.S.A. 1947, § 41-1813.

A.C.A. § 5-14-123

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-14-123. Knowingly transmitting AIDS, HIV

(a) A person with acquired immunodeficiency syndrome or who tests positive for the presence of human immunodeficiency virus antigen or antibodies is infectious to another person through the exchange of a body fluid during sexual intercourse and through the parenteral transfer of blood or a blood product and under these circumstances is a danger to the public.

(b) A person commits the offense of exposing another person to human immunodeficiency virus if the person knows he or she has tested positive for human immunodeficiency virus and exposes another person to human immunodeficiency virus infection through the parenteral transfer of blood or a blood product or engages in sexual penetration with another person without first having informed the other person of the presence of human immunodeficiency virus.

(c)(1) As used in this section, “sexual penetration” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into a genital or anal opening of another person's body.

(2) However, emission of semen is not required.

(d) Exposing another person to human immunodeficiency virus is a Class A felony.

CREDIT(S)

Acts of 1989, Act 614, §§ 1, 2.

A.C.A. § 5-14-124

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-14-124. Sexual assault in the first degree

(a) A person commits sexual assault in the first degree if the person engages in sexual intercourse or deviate sexual activity with a minor who is not the actor's spouse and the actor is:

(1) Employed with the Department of Correction, the Department of Community Correction, the Department of Human Services, or any city or county jail or a juvenile detention facility, and the victim is in the custody of the Department of Correction, the Department of Community Correction, the Department of Human Services, any city or county jail or juvenile detention facility, or their contractors or agents;

(2) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or

(3) An employee in the victim's school or school district, a temporary caretaker, or a person in a position of trust or authority over the victim.

(b) It is no defense to a prosecution under this section that the victim consented to the conduct.

(c) It is an affirmative defense to a prosecution under subdivision (a)(3) of this section that the actor was not more than three (3) years older than the victim.

(d) Sexual assault in the first degree is a Class A felony.

CREDIT(S)

Acts of 2001, Act 1738, § 2, eff. Aug. 13, 2001; Acts of 2003, Act 1391, § 1, eff. July 16, 2003; Acts of 2003, Act 1469, § 2, eff. July 16, 2003; Acts of 2009, Act 748, § 10, eff. July 31, 2009; Acts of 2009, Act 758, § 2, eff. July 31, 2009.

A.C.A. § 5-14-125

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-14-125. Sexual assault in the second degree

(a) A person commits sexual assault in the second degree if the person:

(1) Engages in sexual contact with another person by forcible compulsion;

(2) Engages in sexual contact with another person who is incapable of consent because he or she is:

(A) Physically helpless;

(B) Mentally defective; or

(3) Being eighteen (18) years of age or older, engages in sexual contact with another person who is:

(A) Less than fourteen (14) years of age; and

(B) Not the person's spouse;

(4)(A) Engages in sexual contact with a minor and the actor is:

(i) Employed with the Department of Correction, Department of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;

(ii) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or

(iii) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor.

(B) For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution;

(5)(A) Being a minor, engages in sexual contact with another person who is:

(i) Less than fourteen (14) years of age; and

(ii) Not the person's spouse.

(B) It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not more than:

(i) Three (3) years older than the victim if the victim is less than twelve (12) years of age; or

(ii) Four (4) years older than the victim if the victim is twelve (12) years of age or older; or

(6) Is a teacher, principal, athletic coach, or counselor in a public school in a grade kindergarten through twelve (K-12) and engages in sexual contact with another person who is:

(A) A student enrolled in the public school; and

(B) Less than twenty-one (21) years of age.

(b)(1) Sexual assault in the second degree is a Class B felony.

(2) Sexual assault in the second degree is a Class D felony if committed by a minor with another person who is:

(A) Less than fourteen (14) years of age; and

(B) Not the person's spouse.

CREDIT(S)

Acts of 2001, Act 1738, § 3, eff. Aug. 13, 2001; Acts of 2003, Act 1323, § 1, eff. July 16, 2003; Acts of 2003, Act 1720, § 2, eff. July 16, 2003; Acts of 2009, Act 748, §§ 11 to 13, eff. July 31, 2009; Acts of 2009, Act 758, § 3, eff. July 31, 2009; Acts of 2011, Act 1129, § 1, eff. July 27, 2011.

A.C.A. § 5-14-126

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-14-126. Sexual assault in the third degree

(a) A person commits sexual assault in the third degree if the person:

(1) Engages in sexual intercourse or deviate sexual activity with another person who is not the actor's spouse, and the actor is:

(A) Employed with the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail, and the victim is in the custody of the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail;

(B) Employed or contracted with or otherwise providing services, supplies, or supervision to an agency maintaining custody of inmates, detainees, or juveniles, and the victim is in the custody of the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail; or

(C) A mandated reporter under § 12-18-402(b) or a member of the clergy and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or

(2)(A) Being a minor, engages in sexual intercourse or deviate sexual activity with another person who is:

(i) Less than fourteen (14) years of age; and

(ii) Not the person's spouse.

(B) It is an affirmative defense under this subdivision (a)(2) that the actor was not more than three (3) years older than the victim.

(b) It is no defense to a prosecution under this section that the victim consented to the conduct.

CREDIT(S)

Acts of 2001, Act 1738, § 4, eff. Aug. 13, 2001; Acts of 2003, Act 1324, § 1, eff. July 16, 2003; Acts of 2007, Act 363, § 1, eff. July 31, 2007; Acts of 2009, Act 748, § 14, eff. July 31, 2009; Acts of 2009, Act 758, § 4, eff. July 31, 2009.

A.C.A. § 5-14-127

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-14-127. Sexual assault in the fourth degree

(a) A person commits sexual assault in the fourth degree if the person:

(1) Being twenty (20) years of age or older:

(A) Engages in sexual intercourse or deviate sexual activity with another person who is:

(i) Less than sixteen (16) years of age; and

(ii) Not the person's spouse; or

(B) Engages in sexual contact with another person who is:

(i) Less than sixteen (16) years of age; and

(ii) Not the person's spouse; or

(2) Engages in sexual contact with another person who is not the actor's spouse, and the actor is employed with the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail, and the victim is in the custody of the Department of Correction, Department of Community Correction, Department of Human Services, or a city or county jail.

(b)(1) Sexual assault in the fourth degree under subdivisions (a)(1)(A) and (a)(2) of this section is a Class D felony.

(2) Sexual assault in the fourth degree under subdivision (a)(1)(B) of this section is a Class A misdemeanor if the person engages only in sexual contact with another person as described in subdivision (a)(1)(B) of this section.

CREDIT(S)

Acts of 2001, Act 1738, § 5, eff. Aug. 13, 2001; Acts of 2003, Act 1325, § 1, eff. July 16, 2003; Acts of 2009, Act 630, § 1, eff. July 31, 2009.

A.C.A. § 5-14-128

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-14-128. Registered offender living near school, public park, youth center, or daycare prohibited

(a) It is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to reside within two thousand feet (2,000') of the property on which any public or private elementary or secondary school, public park, youth center, or daycare facility is located.

(b)(1) It is not a violation of this section if the property on which the sex offender resides is owned and occupied by the sex offender and was purchased prior to the date on which the public or private elementary or secondary school, public park, youth center, or daycare facility was established.

(2) The exclusion in subdivision (b)(1) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense after the public or private elementary or secondary school, public park, youth center, or daycare facility is established.

(c)(1)(A) With respect to a public or private elementary or secondary school or a daycare facility, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 16, 2003.

(B) With respect to a public park or youth center, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 31, 2007.

(2)(A) The exclusion in subdivision (c)(1)(A) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense after July 16, 2003.

(B) The exclusion in subdivision (c)(1)(B) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense on or after July 31, 2007.

(d) A sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who knowingly violates a provision of this section is guilty of a Class D felony.

(e)(1) A person who is charged with violating this section shall be ordered as a condition of his or her release from custody not to return to the location where he or she was residing that was located within two thousand feet (2,000’) of a public or private elementary or secondary school, public park, youth center, or daycare facility until the charge is adjudicated.

(2) The court having jurisdiction over the charge may order that the defendant be allowed to return to his or her residence before the adjudication of the charge if good cause is shown.

(f) As used in this section:

(1) “Public park” means any property owned or maintained by this state or a county, city, or town in this state for the recreational use of the public; and

(2) “Youth center” means any building, structure, or facility owned or operated by a not-for-profit organization or by this state or a county, city, or town in this state for use by minors to promote the health, safety, or general welfare of the minors.

CREDIT(S)

Acts of 2003, Act 330, § 3, eff. July 16, 2003; Acts of 2007, Act 818, § 1, eff. July 31, 2007; Acts of 2009, Act 1406, § 1, eff. July 31, 2009.

A.C.A. § 5-14-129

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-14-129. Registered offender working with children prohibited

(1) Engage in an occupation or participate in a volunteer position that requires the sex offender to work or interact primarily and directly with a child under sixteen (16) years of age; or

(2) Accept work as a self-employed person, an independent contractor, or an employee or agent of a self-employed person or independent contractor that is to be performed at a private daycare facility when the privately owned daycare facility has in its care a child.

(b) A sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who knowingly violates this section is guilty of a Class D felony.

CREDIT(S)

Acts of 2005, Act 1779, § 1, eff. Aug. 12, 2005; Acts of 2011, Act 1023, § 1, eff. July 27, 2011.

A.C.A. § 5-14-130

Effective: March 20, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-14-130. Registered offender--Incorrect permanent physical address on identification cards or driver's license prohibited

(a) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., or required to register as a sex offender in any other state to knowingly:

(1) Provide false information to obtain an identification card or a driver's license under Title 27 of this Arkansas Code that indicates an incorrect permanent physical address for his or her residence; or

(2) Possess an identification card or a driver's license issued under Title 27 of this Arkansas Code that indicates an incorrect permanent physical address for his or her residence.

(b) It is an affirmative defense to a violation of subdivision (a)(2) of this section if the sex offender has provided notice of a change of address as required by § 27-16-506.

(c)(1) A violation of subdivision (a)(1) of this section is a Class D felony.

(2) A violation of subdivision (a)(2) of this section is a Class A misdemeanor.

CREDIT(S)

Acts of 2007, Act 392, § 1, eff. March 20, 2007.

A.C.A. § 5-14-131

Effective: March 21, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-14-131. Registered offender living near victim or having contact with victim prohibited

(a) As used in this section, “victim” means a victim of a sex offense for which a person is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.

(b) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly:

(1) Reside within two thousand feet (2,000') of the residence of his or her victim; or

(2) Have direct or indirect contact with his or her victim for the purpose of harassment under § 5-71-208.

(c)(1) It is an affirmative defense to a prosecution for a violation of subdivision (b)(1) of this section if the property where the sex offender resides is owned and occupied by the sex offender and was purchased prior to the date on which his or her victim began residing within two thousand feet (2,000') of the residence of the sex offender.

(2) The affirmative defense in subdivision (c)(1) of this section is not available to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense involving his or her victim after his or her victim began residing within two thousand feet (2,000') of the residence of the sex offender.

(d)(1) It is an affirmative defense to a prosecution for a violation of subdivision (b)(1) of this section if the sex offender resides on property he or she owned prior to March 21, 2007.

(2) The affirmative defense in subdivision (d)(1) of this section is not available to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense involving his or her victim after March 21, 2007.

(e) Upon conviction, a person who violates this section is guilty of a Class D felony.

CREDIT(S)

Acts of 2007 Act 394, § 1, eff. March 21, 2007.

A.C.A. § 5-14-132

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-14-132. Registered offender prohibited from entering upon school campus--Exception

(a) As used in this section:

(1) “Campus” means the real property, a building, or any other improvement in this state owned, leased, rented, or controlled by or for the operation of a public school; and

(2) “Public school” means any school in this state that is:

(A) A public school operated by a public school district;

(B) A charter school established under the Public School Funding Act of 2003, § 6-20-2301 et seq.;

(D) The Arkansas School for the Blind;

(E) The Arkansas School for the Deaf;

(F) The Arkansas School for Mathematics, Sciences, and the Arts;

(G) An educational facility of the Division of Youth Services of the Department of Human Services or contracting with the Division of Youth Services; or

(H) An educational facility of the Division of Developmental Disabilities Services of the Department of Human Services.

(b) It is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly enter upon the campus of a public school.

(1) Is less than twenty-two (22) years of age and is a student enrolled in a grade kindergarten through twelve (K-12) program;

(2) Enters upon the campus for the purpose of attending a school-sponsored event for which an admission fee is charged or tickets are sold or distributed, a graduation ceremony, or a baccalaureate ceremony;

(3) Enters upon the campus on a day that is not designated a student contact day by the public school's calendar or on a day in which no school-sponsored event is taking place upon the campus; or

(4) Is the parent or guardian of a student enrolled in a public school and enters upon the campus where the student is enrolled for the purpose of:

(A) Delivering to the student medicine, food, or personal items if the medicine, food, or personal items are delivered directly to the public school's office; or

(B) Attending a scheduled parent-teacher conference if the sex offender is escorted to and from the scheduled parent-teacher conference by a designated public school official or employee.

(d)(1) A sex offender who is the parent or guardian of a student enrolled in a public school and wishes to enter upon the campus where the student is enrolled for any other purpose shall give reasonable notice to the public school principal or his or her designee.

(2)(A) The public school principal or his or her designee may allow the parent or guardian sex offender to enter upon the campus so long as there is a designated public school official or employee available to escort and supervise the parent or guardian sex offender while he or she remains on campus.

(B) If a designated public school official or employee is not available at the time the parent or guardian sex offender wishes to enter upon the campus, the parent or guardian sex offender shall not enter upon the campus until he or she is notified that a designated public school official or employee is available.

(e) Upon conviction, any sex offender who violates this section is guilty of a Class D felony.

CREDIT(S)

Acts of 2007, Act 992, § 1, eff. July 31, 2007; Acts of 2009, Act 748, § 15, eff. July 31, 2009.

A.C.A. § 5-14-133

Effective: March 30, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-14-133. Registered offender prohibited from entering a water park owned or operated by a local government

(a) As used in this section, “water park” means a recreational facility that has among its features a swimming pool and is open to the general public.

CREDIT(S)

Acts of 2011, Act 816, § 1, eff. March 30, 2011.

A.C.A. § 5-14-134

Effective: February 6, 2013

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 1. General Provisions

§ 5-14-134. Registered offender prohibited from entering a swimming area or children's playground contained within an Arkansas State Park

(a) As used in this section:

(1) “Arkansas State Park” means a state park classified or reclassified as an official state park under § 22-4-201(1) or § 22-4-202;

(2) “Children's playground” means a place with a specific design for children to be able to play there, whether indoor or outdoor; and

(3) “Swimming area” means a place with a specific design for people to swim, including without limitation a beach, a swimming pool, and a water park.

CREDIT(S)

Acts of 2013, Act 39, § 1, eff. Feb. 6, 2013.

A.C.A. § 5-14-201

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 2. Access to Suspect's Medical Records

§ 5-14-201. Definitions

As used in this subchapter:

(1) “Relevant medical record” means a medical record of a person charged with having committed a sex crime that contain information that may reveal a health risk to the victim; and

(2) “Sex crime” means any offense described in § 5-14-101 et seq. or § 5-70-101 et seq.

CREDIT(S)

Acts of 2001, Act 1709, § 1, eff. Aug. 13, 2001.

A.C.A. § 5-14-202

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 14. Sexual Offenses (Refs & Annos)

Subchapter 2. Access to Suspect's Medical Records

§ 5-14-202. Access by prosecutors to medical records of persons charged with sex crimes--Victim notification of health risk

(a)(1) Through a warrant issued by a judicial officer under Rule 13 of the Arkansas Rules of Criminal Procedure, a prosecuting attorney of this state is entitled access to a relevant medical record of a person charged with having committed a sex crime against another person, which act could have exposed the victim to a disease carried by the alleged offender.

(2)(A) An application by a prosecuting attorney for a relevant medical record shall describe with particularity the person whose relevant medical record is to be obtained and shall be supported by one (1) or more affidavits or recorded testimony before a judicial officer particularly setting forth the facts and circumstances tending to show that the person may present a danger to the health of a victim of a sex crime.

(B) If the judicial officer finds that the application meets the requirements of subdivision (a)(2)(A) of this section and that, on the basis of the proceeding before the judicial officer, there is reasonable cause to believe that the relevant medical record should be disclosed, the judicial officer shall issue a warrant directing disclosure of the medical record to the prosecuting attorney.

(b) Upon service of a warrant, a person having custody of a relevant medical record shall grant access to the prosecuting attorney and is not subject to any liability for granting the access.

(c)(1) If a prosecuting attorney after reviewing a medical record determines that a victim is subject to a health risk as a result of a sex crime, the prosecuting attorney may convey that health risk information to the victim, and the prosecuting attorney is not subject to any liability for disclosing that health risk information to the victim.

(2)(A) The prosecuting attorney may disclose the health risk information to the victim only.

(B) However, if the victim is a minor or is mentally incompetent, then the prosecuting attorney may disclose the health risk information to the victim's parent or legal guardian only.

(d) For medical records of testing done under § 12-12-107, the prosecuting attorney shall:

(1) Be notified of any human immunodeficiency virus (HIV) testing done under § 12-12-107;

(2) Be given a copy of the results of the human immunodeficiency virus (HIV) test; and

(3) Notify the victim, his or her parent or parents or guardian if the victim is a minor, and the defendant of the results of the human immunodeficiency virus (HIV) test as soon as is practicable.

(e) The prosecuting attorney is not subject to any liability to the victim for failing to obtain a medical record or failing to disclose health risk information to the victim.

(f) This subchapter does not repeal or supersede any rule of evidence or rule of criminal procedure that would allow the admissibility of a medical record as evidence in a criminal proceeding.

CREDIT(S)

Acts of 2001, Act 1709, § 2, eff. Aug. 13, 2001; Acts of 2011, Act 1186, § 1, eff. July 27, 2011.

A.C.A. § 5-15-101

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 15. Slander

§§ 5-15-101 to 5-15-109. Repealed by Acts of 2005, Act 1994, § 512, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, § 512, eff. Aug. 12, 2005.

Formerly Rev. Stat., c. 44, div. 8, art. 2, §§ 4 to 7; C. & M. Dig., §§ 2393 to 2401; Pope's Dig., §§ 3018 to 3026; A.S.A. 1947, §§ 41-3454 to 41-3462; Acts of 1868, Act 59, § 11; p. 214; Acts of 1869 (Adj. Sess.), Act 37, §§ 1 to 7, p. 88; Acts of 1975, Act 928, §§ 11, 12.

A.C.A. § 5-15-102

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 15. Slander

§§ 5-15-101 to 5-15-109. Repealed by Acts of 2005, Act 1994, § 512, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, § 512, eff. Aug. 12, 2005.

A.C.A. § 5-15-103

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 15. Slander

§§ 5-15-101 to 5-15-109. Repealed by Acts of 2005, Act 1994, § 512, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, § 512, eff. Aug. 12, 2005.

A.C.A. § 5-15-104

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 15. Slander

§§ 5-15-101 to 5-15-109. Repealed by Acts of 2005, Act 1994, § 512, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, § 512, eff. Aug. 12, 2005.

A.C.A. § 5-15-105

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 15. Slander

§§ 5-15-101 to 5-15-109. Repealed by Acts of 2005, Act 1994, § 512, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, § 512, eff. Aug. 12, 2005.

A.C.A. § 5-15-106

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 15. Slander

§§ 5-15-101 to 5-15-109. Repealed by Acts of 2005, Act 1994, § 512, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, § 512, eff. Aug. 12, 2005.

A.C.A. § 5-15-107

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 15. Slander

§§ 5-15-101 to 5-15-109. Repealed by Acts of 2005, Act 1994, § 512, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, § 512, eff. Aug. 12, 2005.

A.C.A. § 5-15-108

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 15. Slander

§§ 5-15-101 to 5-15-109. Repealed by Acts of 2005, Act 1994, § 512, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, § 512, eff. Aug. 12, 2005.

A.C.A. § 5-15-109

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 15. Slander

§§ 5-15-101 to 5-15-109. Repealed by Acts of 2005, Act 1994, § 512, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, § 512, eff. Aug. 12, 2005.

A.C.A. § 5-16-101

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 16. Voyeurism

§ 5-16-101. Crime of video voyeurism

(a) It is unlawful to use any camera, videotape, photo-optical, photoelectric, or any other image recording device for the purpose of secretly observing, viewing, photographing, filming, or videotaping a person present in a residence, place of business, school, or other structure, or any room or particular location within that structure, if that person:

(1) Is in a private area out of public view;

(2) Has a reasonable expectation of privacy; and

(3) Has not consented to the observation.

(b) It is unlawful to knowingly use a camcorder, motion picture camera, photographic camera of any type, or other equipment that is concealed or disguised to secretly or surreptitiously videotape, film, photograph, record, or view by electronic means a person:

(1) For the purpose of viewing any portion of the person's body that is covered with clothing and for which the person has a reasonable expectation of privacy;

(2) Without the knowledge or consent of the person being videotaped, filmed, photographed, recorded, or viewed by electronic means; and

(3) Under circumstances in which the person being videotaped, filmed, photographed, recorded, or viewed by electronic means has a reasonable expectation of privacy.

(c)(1) A violation of subsection (a) of this section is a Class D felony.

(2)(A) A violation of subsection (b) of this section is a Class B misdemeanor.

(B) However, a violation of subsection (b) of this section is a Class A misdemeanor if:

(i) The person who created the video recording, film, or photo obtained as described in subsection (b) distributed or transmitted it to another person; or

(ii) The person who created the video recording, film, or photo obtained as described in subsection (b) posted it in a format accessible by another person via the Internet.

(d) The provisions of this section do not apply to any of the following:

(1) Video recording or monitoring conducted under a court order from a court of competent jurisdiction;

(2) Security monitoring operated by or at the direction of an occupant of a residence;

(3) Security monitoring operated by or at the direction of the owner or administrator of a place of business, school, or other structure;

(4) Security monitoring operated in a motor vehicle used for public transit;

(5) Security monitoring and observation associated with a correctional facility, regardless of the location of the monitoring equipment;

(6) Video recording or monitoring conducted by a law enforcement officer within the official scope of his or her duty; or

(7) Videotaping under § 12-18-615(b).

CREDIT(S)

Acts of 1999, Act 757, § 1, eff. July 30, 1999; Acts of 2001, Act 532, § 1, eff. Aug. 13, 2001; Acts of 2007, Act 187, § 1, eff. July 31, 2007; Acts of 2009, Act 330, § 1, eff. July 31, 2009; Acts of 2009, Act 758, § 5, eff. July 31, 2009.

A.C.A. § 5-16-102

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 16. Voyeurism

§ 5-16-102. Voyeurism

(a) As used in this section:

(1) “Nude or partially nude” means any person who has less than a fully opaque covering over the genitals, pubic area, buttocks, or breast of a female;

(2) “Private place” means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent; and

(3) “Public accommodation” means a business, accommodation, refreshment, entertainment, recreation, or transportation facility where a good, service, facility, privilege, advantage, or accommodation is offered, sold, or otherwise made available to the public.

(b) A person commits the offense of voyeurism if for the purpose of sexual arousal or gratification, he or she knowingly:

(1) Without the consent of each person who is present in the private place, looks into a private place that is, or is part of, a public accommodation and in which a person may reasonably be expected to be nude or partially nude; or

(2) Enters another person's private property without the other person's consent and looks into any person's dwelling unit if all of the following apply:

(A) The person looks into the dwelling with the intent to intrude upon or interfere with a person's privacy;

(B) The person looks into a part of the dwelling in which an individual is present;

(D) The individual present does not consent to the person's looking into that part of the dwelling.

(c)(1) Except as provided in subdivision (c)(2) of this section, a violation of this section is a Class A misdemeanor.

(2) A violation of this section is a Class D felony if:

(A) A victim is under seventeen (17) years of age; and

(B) The person who commits the offense holds a position of trust or authority over the victim.

CREDIT(S)

Acts of 2005, Act 1642, § 1, eff. Aug. 12, 2005; Acts of 2007, Act 187, § 2, eff. July 31, 2007.

A.C.A. § 5-17-101

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapter 17. Death Threats

§ 5-17-101. Death threats concerning a school employee or student

(a) A person commits the offense of communicating a death threat concerning a school employee or student if:

(1) The person communicates to any other person a threat to cause the death of a school employee or student;

(2) The threat involves the use of a firearm or other deadly weapon;

(3) A reasonable person would believe the person making the threat intends to carry out the threat;

(4) The person making the threat purposely engaged in conduct that constitutes a substantial step in a course of conduct intended to culminate in the commission of the threatened act; and

(5) There is a close temporal relationship between the threatened act and the substantial step.

(b) Conduct is not a substantial step under this section unless the conduct is strongly corroborative of the person's criminal purpose.

(d) As used in this section, “school” means any:

(1) Elementary school, junior high school, or high school;

(2) Technical institute or post-secondary vocational-technical school; or

(3) Two-year or four-year college or university.

CREDIT(S)

Acts of 2001, Act 1046, § 1, 2, eff. Aug. 13, 2001.

A.C.A. T. 5, Subt. 2, Ch. 18 to 24, Reserved

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 2. Offenses Against the Person (Chapters 10 to 24)

Chapters 18 to 24. Reserved

A.C.A. § 5-25-101

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 25. Offenses Involving Families, Etc.

§ 5-25-101. Definitions

As used in this subtitle:

(1) “Adult” means any person eighteen (18) years of age or older;

(2) “Deviate sexual activity” means any act of sexual gratification involving:

(A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or

(B) The penetration, however slight, of the labia majora or anus of a person by any body member of or foreign instrument manipulated by another person;

(3)(A) “Incompetent” means any person unable to care for himself or herself because of physical or mental disease or defect.

(B) The status embraced by “incompetent” may or may not exist regardless of any adjudication concerning incompetency;

(4) “Minor” means any person under eighteen (18) years of age; and

(5) “Sexual intercourse” means penetration, however slight, of the labia majora by a penis.

CREDIT(S)

Acts of 1975, Act 280, § 2401; Acts of 1977, Act 360, § 11; Acts of 2005, Act 1994, § 291, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 41-2401.

A.C.A. T. 5, Subt. 3, Ch. 26, Subch. 1, Reserved

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 1. General Provisions Reserved

A.C.A. § 5-26-201

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 2. Offenses Generally

§ 5-26-201. Bigamy

(a) A person commits bigamy if, being married, he or she purports to marry another person.

(b) It is an affirmative defense to a prosecution under this section that at the time of the alleged offense the actor:

(1) Reasonably believed that the prior spouse was dead;

(2) Had lived apart from the prior spouse for five (5) consecutive years throughout which time the prior spouse was not known to the actor to be alive;

(3) Reasonably believed that a court had ordered a valid termination or annulment of the prior marriage; or

(4) Otherwise reasonably believed that the actor was legally eligible to marry.

CREDIT(S)

Acts of 1975, Act 280, § 2402.

Formerly A.S.A. 1947, § 41-2402.

A.C.A. § 5-26-202

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 2. Offenses Generally

§ 5-26-202. Incest

(a) A person commits incest if the person, being sixteen (16) years of age or older, purports to marry, has sexual intercourse with, or engages in deviate sexual activity with another person sixteen (16) years of age or older whom the actor knows to be:

(1) An ancestor or a descendant;

(2) A stepchild or adopted child;

(3) A brother or sister of the whole or half blood;

(4) An uncle, aunt, nephew, or niece; or

(5) A stepgrandchild or adopted grandchild.

(b) A relationship referred to in this section includes a blood relationship without regard to legitimacy.

CREDIT(S)

Acts of 1975, Act 280, § 2403; Acts of 1977, Act 360, § 12; Acts of 1985, Act 506, § 1; Acts of 1985, Act 916, § 1; Acts of 1997, Act 1321, § 1; Acts of 2003, Act 1469, § 1, eff. July 16, 2003.

Formerly A.S.A. 1947, § 41-2403.

A.C.A. § 5-26-203

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 2. Offenses Generally

§ 5-26-203. Concealing birth

(a) A person commits the offense of concealing birth if he or she hides the corpse of a newborn child with purpose to conceal the fact of the child's birth or to prevent a determination of whether the child was born alive.

(b) Concealing birth is a Class D felony.

CREDIT(S)

Acts of 1975, Act 280, § 2404; Acts of 2001, Act 205, § 1, eff. Aug. 13, 2001.

Formerly A.S.A. 1947, § 41-2404.

A.C.A. T. 5, Subt. 3, Ch. 26, Subch. 3, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault

A.C.A. § 5-26-301

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-301. Legislative intent

To the extent that any protected class of persons defined under this subchapter is afforded protection by any other existing or future statute of this state, this subchapter does not prevent a prosecution under any such existing or future statute.

CREDIT(S)

Acts of 1995, Act 1291, § 8.

A.C.A. § 5-26-302

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-302. Definitions

As used in this subchapter:

(1)(A) “Dating relationship” means a romantic or intimate social relationship between two (2) individuals that is determined by examining the following factors:

(i) The length of the relationship;

(ii) The type of the relationship; and

(iii) The frequency of interaction between the two (2) individuals involved in the relationship.

(B) “Dating relationship” does not include a casual relationship or ordinary fraternization between two (2) individuals in a business or social context; and

(2) “Family or household member” means:

(A) A spouse;

(B) A former spouse;

(D) A child, including any minor residing in the household;

(E)(i) Persons related by blood within the fourth degree of consanguinity.

(ii) The degree of consanguinity is computed pursuant to § 28-9-212;

(F) Persons who presently or in the past have resided or cohabited together;

(G) Persons who have or have had a child in common; or

(H) Persons who are presently or in the past have been in a dating relationship together.

CREDIT(S)

Acts of 1995, Act 1291, § 8; Acts of 1999, Act 1317, § 1, eff. July 30, 1999; Acts of 2001, Act 1678, § 2, eff. Aug. 13, 2001; Acts of 2005, Act 1875, § 2, eff. Aug. 12, 2005.

A.C.A. § 5-26-303

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-303. Domestic battering in the first degree

(a) A person commits domestic battering in the first degree if:

(1) With the purpose of causing serious physical injury to a family or household member, the person causes serious physical injury to a family or household member by means of a deadly weapon;

(2) With the purpose of seriously and permanently disfiguring a family or household member or of destroying, amputating, or permanently disabling a member or organ of a family or household member's body, the person causes such an injury to a family or household member;

(3) The person causes serious physical injury to a family or household member under circumstances manifesting extreme indifference to the value of human life;

(4) The person knowingly causes serious physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger; or

(5) The person:

(A) Commits any act of domestic battering as defined in § 5-26-304 or § 5-26-305; and

(B) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member as defined by the laws of this state or by the equivalent laws of any other state or foreign jurisdiction.

(b)(1) Domestic battering in the first degree is a Class B felony.

(2) However, domestic battering in the first degree is a Class A felony upon a conviction pursuant to subsection (a) of this section if:

(A) Committed against a woman the person knew or should have known was pregnant;

(B) For conduct that occurred within the five (5) years preceding the commission of the current offense, the person has been convicted of a prior offense of:

(i) Domestic battering in the first degree;

(ii) Domestic battering in the second degree, § 5-26-304;

(iii) Domestic battering in the third degree, § 5-26-305; or

(iv) An equivalent penal law of this state or of another state or foreign jurisdiction.

CREDIT(S)

Acts of 1979, Act 396, § 1; Acts of 1995, Act 1291, § 1; Acts of 1999, Act 1317, § 2, eff. July 30, 1999; Acts of 1999, Act 1365, § 1, eff. July 30, 1999; Acts of 2001, Act 1553, § 8, eff. Aug. 13, 2001; Acts of 2003, Act 944, § 1, eff. July 16, 2003; Acts of 2003, Act 1079, § 1, eff. July 16, 2003; Acts of 2005, Act 1994, § 481, eff. Aug. 12, 2005; Acts of 2007, Act 671, § 1, eff. July 31, 2007; Acts of 2009, Act 194, § 1, eff. July 31, 2009; Acts of 2009, Act 748, § 16, eff. July 31, 2009; Acts of 2011, Act 1120, § 7, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-1653; A.C.A. § 5-26-301.

A.C.A. § 5-26-304

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-304. Domestic battering in the second degree

(a) A person commits domestic battering in the second degree if:

(1) With the purpose of causing physical injury to a family or household member, the person causes serious physical injury to a family or household member;

(2) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member by means of a deadly weapon;

(3) The person recklessly causes serious physical injury to a family or household member by means of a deadly weapon; or

(4) The person knowingly causes physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger.

(b)(1) Domestic battering in the second degree is a Class C felony.

(2) However, domestic battering in the second degree is a Class B felony if:

(A) Committed against a woman the person knew or should have known was pregnant;

(B) For conduct that occurred within the five (5) years preceding the commission of the current offense, the person has been convicted of a prior offense of:

(i) Domestic battering in the first degree, § 5-26-303;

(ii) Domestic battering in the second degree;

(iii) Domestic battering in the third degree, § 5-26-305; or

(iv) An equivalent penal law of this state or of another state or foreign jurisdiction; or

(C) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member as defined by a law of this state or by an equivalent law of any other state or foreign jurisdiction.

CREDIT(S)

Acts of 1979, Act 396, § 2; Acts of 1995, Act 1291, § 2; Acts of 1999, Act 1365, § 2, eff. July 30, 1999; Acts of 2001, Act 1553, § 9, eff. Aug. 13, 2001; Acts of 2003, Act 944, § 2, eff. July 16, 2003; Acts of 2003, Act 1079, § 1, eff. July 16, 2003; Acts of 2005, Act 1994, § 481, eff. Aug. 12, 2005; Acts of 2009, Act 194, § 2, eff. July 31, 2009.

Formerly A.S.A. 1947, § 41-1654; A.C.A. § 5-26-302.

A.C.A. § 5-26-305

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-305. Domestic battering in the third degree

(a) A person commits domestic battering in the third degree if:

(1) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member;

(2) The person recklessly causes physical injury to a family or household member;

(3) The person negligently causes physical injury to a family or household member by means of a deadly weapon; or

(4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to a family or household member by administering to the family or household member, without the family or household member's consent, any drug or other substance.

(b)(1) Domestic battering in the third degree is a Class A misdemeanor.

(2) However, domestic battering in the third degree is a Class D felony if:

(A) Committed against a woman the person knew or should have known was pregnant;

(B) For conduct that occurred within the five (5) years preceding the commission of the current offense, the person has been convicted of a prior offense of:

(i) Domestic battering in the first degree, § 5-26-303;

(ii) Domestic battering in the second degree, § 5-26-304;

(iii) Domestic battering in the third degree;

(iv) Aggravated assault on a family or household member, § 5-26-306; or

(v) An equivalent penal law of this state or of another state or foreign jurisdiction; or

CREDIT(S)

Acts of 1979, Act 396, § 3; Acts of 1995, Act 1291, § 3; Acts of 1999, Act 1365, § 3, eff. July 30, 1999; Acts of 2001, Act 1553, § 10, eff. Aug. 13, 2001; Acts of 2003, Act 944, § 3, eff. July 16, 2003; Acts of 2003, Act 1079, § 1, eff. July 16, 2003; Acts of 2005, Act 1994, § 481, eff. Aug. 12, 2005; Acts of 2009, Act 333, § 1, eff. July 31, 2009.

Formerly A.S.A. 1947, § 41-1655; A.C.A. § 5-26-303.

A.C.A. § 5-26-306

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-306. Aggravated assault on a family or household member

(a) A person commits aggravated assault on a family or household member if, under circumstances manifesting extreme indifference to the value of human life, the person purposely engages in conduct that creates a substantial danger of death or serious physical injury to a family or household member.

(b) Aggravated assault on a family or household member is a Class D felony.

CREDIT(S)

Acts of 1979, Act 396, § 4; Acts of 1995, Act 1291, § 4.

Formerly A.S.A. 1947, § 41-1656; A.C.A. § 5-26-304.

A.C.A. § 5-26-307

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-307. First degree assault on a family or household member

(a) A person commits first degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of death or serious physical injury to a family or household member.

(b) First degree assault on a family or household member is a Class A misdemeanor.

CREDIT(S)

Acts of 1979, Act 396, § 5; Acts of 1995, Act 1291, § 5.

Formerly A.S.A. 1947, § 41-1657; A.C.A. § 5-26-305.

A.C.A. § 5-26-308

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-308. Second degree assault on a family or household member

(a) A person commits second degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of physical injury to a family or household member.

(b) Second degree assault on a family or household member is a Class B misdemeanor.

CREDIT(S)

Acts of 1979, Act 396, § 6; Acts of 1995, Act 1291, § 6.

Formerly A.S.A. 1947, § 41-1658; A.C.A. § 5-26-306.

A.C.A. § 5-26-309

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-309. Third degree assault on a family or household member

(a) A person commits third degree assault on a family or household member if the person purposely creates apprehension of imminent physical injury to a family or household member.

(b) Third degree assault on a family or household member is a Class C misdemeanor.

CREDIT(S)

Acts of 1979, Act 396, § 7; Acts of 1995, Act 1291, § 7.

Formerly A.S.A. 1947, § 41-1659; A.C.A. § 5-26-307.

A.C.A. § 5-26-310

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-310. Costs

(a) The abused in any misdemeanor or felony domestic violence offense shall not bear the costs associated with the filing of a criminal charge against the domestic violence offender or the costs associated with the issuance or service of a warrant and witness subpoena, except as provided in subsection (b) of this section.

(b) Nothing in this section shall be construed to prohibit a judge from assessing costs if an allegation of abuse is determined to be false.

(c)(1) Upon entering a plea of guilty or nolo contendere or being found guilty, a defendant violating § 5-26-303--5-26-305 or §§ 5-26-307--5-26-309 may be required to reimburse any abuse shelter or other entity providing a service to the victim under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., if some proof of expense is provided in conjunction with the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq.

(2)(A) If the defendant maintains the home in which the abuse occurred and the victim will continue to incur lodging costs, the defendant may be ordered to continue to provide remuneration for the victim's lodging under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., until an action is commenced in a court of competent jurisdiction.

(B) Nothing in this section conflicts with or preempt any order of a judge in a divorce, custody, separate maintenance, or other related action to dissolve a marriage.

(d) Nothing in this section conflicts with or preempts a provision of § 16-90-703.

CREDIT(S)

Acts of 1995, Act 401, § 1; Acts of 2003, Act 1770, § 1, eff. July 16, 2003.

A.C.A. § 5-26-311

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-311. Residential confinement in home of victim prohibited

In a case involving domestic or family violence, a court shall not order residential confinement as a condition of bond or probation for a defendant in any household shared by the defendant and the alleged victim.

CREDIT(S)

Acts of 1999, Act 1317, § 3, eff. July 30, 1999.

A.C.A. § 5-26-312

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-312. Definition of pregnancy

For purposes of §§ 5-26-303(b)(2), 5-26-304(b)(2), and 5-26-305(b)(2), a woman is considered pregnant four (4) weeks after conception.

CREDIT(S)

Acts of 2003, Act 944, § 4, eff. July 16, 2003.

A.C.A. § 5-26-313

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-313. Notice

A person who is convicted of any misdemeanor of domestic violence shall be notified by the court that it is unlawful for the person to ship, transport, or possess a firearm or ammunition pursuant to 18 U.S.C. § 922(g)(8) and (9), as it existed on January 1, 2007.

CREDIT(S)

Acts of 2007, Act 676, § 1, eff. July 31, 2007.

A.C.A. § 5-26-401

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-401. Nonsupport

(a) A person commits the offense of nonsupport if he or she fails to provide support to the person's:

(1) Spouse who is physically or mentally infirm or financially dependent;

(2) Legitimate child who is less than eighteen (18) years of age;

(3) Illegitimate child who is less than eighteen (18) years of age and whose parentage has been determined in a previous judicial proceeding; or

(4) Dependent child who is physically or mentally infirm.

(b)(1) Nonsupport is a Class A misdemeanor.

(2) However, nonsupport is a:

(A) Class D felony if the person:

(i) Leaves or remains outside the State of Arkansas for more than thirty (30) days while a current duty of support is unpaid. However, it is an affirmative defense to a charge under this subdivision (b)(2)(A)(i) that the defendant did not leave or remain outside the state with the purpose of avoiding the payment of support;

(ii) Has previously been convicted of nonsupport; or

(iii) Owes more than two thousand five hundred dollars ($2,500) in past-due child support, pursuant to a court order or by operation of law, and the amount represents at least four (4) months of past-due child support;

(B) Class C felony if the person owes more than ten thousand dollars ($10,000) but less than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law; or

(C) Class B felony if the person owes more than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law.

(c) The court may direct that a fine imposed upon conviction of nonsupport or a bond forfeited in connection with a prosecution for nonsupport be paid for the support and maintenance of the person entitled to support.

(d) A district court located in a county having a population in excess of two hundred thousand (200,000) inhabitants shall cause a warrant of arrest to be issued upon affidavit of a spouse or any person who is responsible for maintenance of a dependent child that states that nonsupport has taken place.

(e) Any person found guilty of nonsupport is also responsible for the court costs and administrative costs incurred by the court.

(f) The state may take judgment against any defendant convicted of nonsupport for any money expended by any state agency for the support and maintenance of the person with respect to whom the defendant had a duty to support.

(g) It is an affirmative defense to a prosecution under this section that the defendant had just cause to fail to provide the support.

CREDIT(S)

Acts of 1975, Act 280, § 2405; Acts of 1983, Act 174, § 1; Acts of 1997, Act 1282, § 1; Acts of 1999, Act 1484, § 1, eff. July 30, 1999; Acts of 2007, Act 827, § 31, eff. July 31, 2007.

Formerly A.S.A. 1947, § 41-2405.

A.C.A. § 5-26-402

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§§ 5-26-402 to 5-26-409. Reserved

A.C.A. § 5-26-409

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§§ 5-26-402 to 5-26-409. Reserved

A.C.A. § 5-26-410

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-410. County jurisdiction for prosecution

(a) When any person is liable to be prosecuted under § 5-26-401, he or she may be indicted, tried, and convicted in:

(1) The county where the violation of § 5-26-401 originally occurred;

(2) Any county where he or she might be apprehended; or

(3) The county where the injured spouse or child resided at the time of the filing of the indictment or information.

(b) Subdivisions (a)(2) and (3) of this section apply because each successive day the offense continues is declared to be a violation of § 5-26-401 not only in the county where the offense originally occurred but in any county where the offender or the injured spouse or child resides while the course of conduct condemned in § 5-26-401 continues.

CREDIT(S)

Acts of 1951, Act 67, § 3; Acts of 1953, Act 242, § 3; Acts of 1975, Act 928, § 8.

Formerly A.S.A. 1947, § 41-2451.

A.C.A. § 5-26-411

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-411. Proof of marriage, parentage

(a) No other evidence is required to prove marriage of a husband and wife or that the defendant is the lawful parent of a legitimate child or has acknowledged paternity of an illegitimate child than is required to prove this fact in a civil action.

(b) The spouse and parent is a competent witness to testify in any case brought under this chapter and to a matter relevant to this chapter, including the fact of the marriage and the parentage of the child.

(c) A legally adopted child and a child whose parentage was determined in a paternity proceeding is within the provisions of this chapter and no proof other than an order of a proper court is required to prove parentage.

CREDIT(S)

Acts of 1951, Act 67, § 10, Acts of 1953, Act 242, § 11; Acts of 1981, Act 633, § 4; Acts of 1995, Act 1296, § 3.

Formerly A.S.A. 1947, § 41-2458.

A.C.A. § 5-26-412

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-412. Fines; remittance to spouse or child's guardian or custodian

When a fine is imposed a court may direct that it be paid in whole or in part to a spouse or to a guardian or custodian of a child.

CREDIT(S)

Acts of 1951, Act 67, § 6; Acts of 1953, Act 242, § 6.

Formerly A.S.A. 1947, § 41-2453.

A.C.A. § 5-26-413

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-413. Temporary support; spouse, child

At any time before a trial or pending appeal, upon motion of a complainant and upon notice to the defendant, the court may:

(1) Enter a temporary support order as it deems just, providing for the support of a neglected spouse or child, pendente lite; and

(2) Punish for violation of the temporary support order as for contempt.

CREDIT(S)

Acts of 1951, Act 67, § 5; Acts of 1953, Act 242, § 5; Acts of 1981, Act 633, § 1.

Formerly A.S.A. 1947, § 41-2452.

A.C.A. § 5-26-414

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-414. Periodic payments, release terms

(a) In its discretion, the original trial court may:

(1) Order a defendant who violates § 5-26-401 to pay a certain sum periodically, for a time not to exceed one (1) year, to the spouse or to the guardian or custodian of a child; and

(2) Release the defendant from custody upon the defendant's entering a recognizance, with or without sureties, in such sum as the original trial court may direct.

(b) The conditions of the recognizance shall be that the defendant:

(1) Will comply with the terms of the order; and

(2) Appear in court on a day certain.

(c) Failure to appear is punishable by imprisonment for not less than ten (10) days nor more than ninety (90) days and shall not be suspended.

CREDIT(S)

Acts of 1951, Act 67, § 7; Acts of 1953, Act 242, § 7; Acts of 1981, Act 633, § 2.

Formerly A.S.A. 1947, § 41-2454.

A.C.A. § 5-26-415

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-415. Periodic payments, when allowed

The original trial court may issue the order provided in § 5-26-414:

(1) Before the trial, with the consent of the defendant;

(2) At the trial, on entry of plea of guilty; or

(3) After conviction, in lieu of a penalty provided in § 5-26-401 or in addition to a penalty provided in § 5-26-401.

CREDIT(S)

Acts of 1951, Act 67, § 8; Acts of 1953, Act 242, § 8; Acts of 2007, Act 827, § 32, eff. July 31, 2007.

Formerly A.S.A. 1947, § 41-2455.

A.C.A. § 5-26-416

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-416. Recognizance forfeiture; violating orders

(a) When the original trial court is satisfied by information and proof under oath that any time during the year the defendant has violated a term of its order, the original trial court shall proceed with the trial of the defendant under the original conviction, or enforce the original sentence, as the case may be.

(b) In case of forfeiture of recognizance and the enforcement of forfeiture of recognizance by execution, in the discretion of the original trial court the sum recovered may be paid in whole or in part to a spouse or to a guardian or custodian of a minor child.

CREDIT(S)

Acts of 1951, Act 67, § 9; Acts of 1953, Act 242, § 9; Acts of 1981, Act 633, § 3.

Formerly A.S.A. 1947, § 41-2456.

A.C.A. § 5-26-501

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 5. Custody and Visitation

§ 5-26-501. Interference with visitation

(a)(1) A person commits the offense of interference with visitation if, knowing that he or she has no lawful right to do so, he or she takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of visitation with the minor.

(2) A person claiming interference with visitation shall provide a copy of the signed court order or decree regarding custody or visitation rights to a law enforcement officer as proof of the interference with visitation.

(b)(1) Interference with visitation is a Class C misdemeanor.

(2) However, interference with visitation is a:

(A) Class D felony for any offense if the minor is taken, enticed, or kept outside of the State of Arkansas; or

(B) Class A misdemeanor for a third or subsequent offense.

(1) A person or lawful guardian committed the act to protect the minor from imminent physical harm if the defendant's:

(A) Belief that physical harm was imminent is reasonable; and

(B) Conduct in withholding visitation rights was a reasonable response to the harm believed to be imminent;

(2) A person or lawful guardian committed the act based on a reasonable belief that the person entitled to visitation would remove the minor from the jurisdiction of the court;

(3) The act was committed with the mutual consent of all parties having a right to custody and visitation of the minor; or

(4) The act was otherwise authorized by law.

CREDIT(S)

Acts of 1985, Act 540, § 1; Acts of 1999, Act 1129, § 1, eff. July 30, 1999; Acts of 2007, Act 827, § 33, eff. July 31, 2007.

Formerly A.S.A. 1947, § 41-2415.

A.C.A. § 5-26-502

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 5. Custody and Visitation

§ 5-26-502. Interference with court-ordered custody

(a) A person commits the offense of interference with court-ordered custody if the person:

(1) Knowing that he or she has no lawful right to do so, takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of custody of the minor;

(2) Without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another person to take or entice, any minor or any incompetent person from the custody of:

(A) The parent of the minor or incompetent person;

(B) The guardian of the minor or incompetent person;

(D) Any other lawful custodian; or

(E) A person described in subdivisions (a)(2)(A), (B), or (D) of this section while the custodian and minor are being housed at a shelter as defined in § 9-4-102;

(3)(A) Has been awarded custody or granted an adoption or guardianship of a juvenile pursuant to or arising out of a dependency-neglect action pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., and subsequently places the juvenile in the care or supervision of any person:

(i) From whom the juvenile was removed; or

(ii) The court has specifically ordered not to have care, supervision, or custody of the juvenile.

(B) Subdivision (a)(3)(A) of this section shall not be construed to prohibit a placement described in subdivision (a)(3)(A) of this section if the person who has been granted custody, adoption, or guardianship obtains a court order to that effect from the juvenile division of circuit court that made the award of custody, adoption, or guardianship; or

(4) Accepts or acquiesces in taking physical custody for any length of time of a juvenile who was removed from the person or if the court has specifically ordered that the person not have care, supervision, or custody of the juvenile pursuant to or arising out of a dependency-neglect action pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

(b)(1)(A) Interference with court-ordered custody under subdivision (a)(1) of this section is a Class A misdemeanor.

(B) However, interference with court-ordered custody under subdivision (a)(1) of this section is a Class D felony if the minor is:

(i) Taken, enticed, or kept outside the State of Arkansas; or

(ii) Taken from any person entitled by a court decree or order to the right of custody of the minor while the custodian and minor are being housed at a shelter as defined in § 9-4-102, even if the minor is not taken outside the State of Arkansas.

(2) Interference with court-ordered custody under subdivision (a)(2) of this section is a Class C felony.

(3)(A) Interference with court-ordered custody under subdivision (a)(3) of this section is a Class A misdemeanor.

(B) However, any subsequent offense of interference with court-ordered custody under subdivision (a)(3) of this section shall constitute a Class C felony.

(4)(A) Interference with court-ordered custody under subdivision (a)(4) of this section is a Class A misdemeanor.

(B) However, any subsequent offense of interference with court-ordered custody under subdivision (a)(4) of this section shall constitute a Class C felony.

(c)(1) In every case prior to serving a warrant for arrest on a person charged with the offense of interference with court-ordered custody, the police officer or other law enforcement officer shall inform the Department of Health and Human Services of the circumstances of any minor named in the information or indictment as having been taken, enticed, or kept from the custodian in a manner constituting interference with court-ordered custody or placed with a person prohibited under subdivision (a)(3) of this section.

(2) A representative of the department shall be present with the arresting police officer or law enforcement officer to take the minor into temporary custody of the department pending further proceedings by a court of competent jurisdiction.

(d)(1) A court of competent jurisdiction shall determine the immediate custodial placement of any minor pursuant to a petition brought by the department or an agency of the department to determine if there is probable cause to believe the minor may be:

(A) Removed from the jurisdiction of the court;

(B) Abandoned; or

(2) Except in a situation arising under subdivisions (a)(3) or (4) of this section, the court shall immediately give custody to the lawful custodian if it finds that the lawful custodian is present before the court.

(e)(1) A petitioner shall comply with the requirements of § 9-27-312 with regard to the giving of a notice and the setting of a hearing.

(2) The petitioner is immune from liability with respect to any conduct undertaken pursuant to this section unless it is determined that the petitioner acted with actual malice.

CREDIT(S)

Acts of 1985, Act 540, § 2; Acts of 1987, Act 483, § 1; Acts of 1987, Act 898, § 1; Acts of 1995, Act 1343, § 1; Acts of 2001, Act 1503, § 16, eff. Aug. 13, 2001; Acts of 2001, Act 1553, § 11, eff. Aug. 13, 2001; Acts of 2005, Act 1870, § 1, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 41-2416.

A.C.A. § 5-26-503

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 5. Custody and Visitation

§ 5-26-503. Interference with custody

(a) A person commits the offense of interference with custody if without lawful authority he or she knowingly takes, entices, or keeps, or aids, abets, hires, or otherwise procures another person to take, entice, or keep any minor from the custody of:

(1) The parent of the minor including an unmarried woman having legal custody of an illegitimate child under § 9-10-113;

(2) The guardian of the minor;

(3) A public agency having lawful charge of the minor; or

(4) Any other lawful custodian.

(b) Interference with custody is a Class C felony.

(c)(1) In every case prior to serving a warrant for arrest on a person charged with the offense of interference with custody, the police officer or other law enforcement officer shall inform the Department of Human Services of the circumstances of any minor named in the information or indictment as having been taken, enticed, or kept from the parent, guardian, or custodian in a manner constituting interference with custody.

(d)(1) A court of competent jurisdiction shall determine the immediate custodial placement of any minor taken into custody by the department under subsection (c) of this section pursuant to a petition brought by the department to determine if there is probable cause to believe the minor may be:

(A) Removed from the jurisdiction of the court;

(B) Abandoned; or

(2) The court shall immediately give custody to the lawful custodian if it finds that the lawful custodian is present before the court.

(e)(1) The department shall comply with the requirements of § 9-27-312 with regard to the giving of a notice and the setting of a hearing on a petition filed under subsection (d) of this section.

(2) The department is immune from liability with respect to any conduct undertaken pursuant to this section unless it is determined that the department acted with actual malice.

CREDIT(S)

Acts of 2007, Act 669, § 1, eff. July 31, 2007; Acts of 2011, Act 1177, § 1, eff. July 27, 2011.

A.C.A. T. 5, Subt. 3, Ch. 27, Subch. 1, Reserved

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 1. General Provisions Reserved

A.C.A. T. 5, Subt. 3, Ch. 27, Subch. 2, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally

A.C.A. § 5-27-201

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-201. Endangering welfare of incompetent person--First degree

(a) A person commits the offense of endangering the welfare of an incompetent person in the first degree if, being a parent, guardian, person legally charged with care or custody of an incompetent person, or a person charged with supervision of an incompetent person, he or she purposely:

(1) Engages in conduct creating a substantial risk of death or serious physical injury to an incompetent person; or

(2) Deserts the incompetent person under circumstances creating a substantial risk of death or serious physical injury.

(b) Endangering the welfare of an incompetent person in the first degree is a Class D felony.

CREDIT(S)

Acts of 1975, Act 280, § 2409; Acts of 2005, Act 2216, § 1, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 41-2409.

A.C.A. § 5-27-202

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-202. Endangering welfare of incompetent person--Second degree

(a)(1) A person commits the offense of endangering the welfare of an incompetent person in the second degree if he or she knowingly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be an incompetent person.

(2) As used in this section, “serious harm to the physical or mental welfare of a person” means physical or mental injury that causes:

(A) Protracted disfigurement;

(B) Protracted impairment of physical or mental health; or

(b) Endangering the welfare of an incompetent person in the second degree is a Class A misdemeanor.

CREDIT(S)

Acts of 1975, Act 280, § 2410; Acts of 2005, Act 2216, § 2, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 41-2410.

A.C.A. § 5-27-203

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-203. Endangering welfare of incompetent person--Third degree

(a)(1) A person commits the offense of endangering the welfare of an incompetent person in the third degree if the person recklessly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be an incompetent person.

(2) As used in this section, “serious harm to the physical or mental welfare of a person” means physical or mental injury that causes

(A) Protracted disfigurement;

(B) Protracted impairment of physical or mental health; or

(b) Endangering the welfare of an incompetent person in the third degree is a Class B misdemeanor.

CREDIT(S)

Acts of 2005, Act 2216, § 3, eff. Aug. 12, 2005.

A.C.A. § 5-27-204

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-204. Renumbered as § 5-27-206.

A.C.A. § 5-27-205

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-205. Endangering welfare of minor--First degree

(a) A person commits the offense of endangering the welfare of a minor in the first degree if, being a parent, guardian, person legally charged with care or custody of a minor, or a person charged with supervision of a minor, he or she purposely:

(1) Engages in conduct creating a substantial risk of death or serious physical injury to a minor; or

(2) Deserts a minor less than ten (10) years old under circumstances creating a substantial risk of death or serious physical injury.

(b) Endangering the welfare of a minor in the first degree is a Class D felony.

(c)(1) It is an affirmative defense to a prosecution under this section that a parent voluntarily delivered a child to and left the child with, or voluntarily arranged for another person to deliver a child to and leave the child with, a medical provider or law enforcement agency as provided in § 9-34-201 et seq.

(2)(A) Nothing in subdivision (c)(1) of this section shall be construed to create a defense to any prosecution arising from any conduct other than the act of delivering a child as described in subdivision (c)(1) of this section.

(B) Subdivision (c)(1) of this section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed prior to the delivery of a child to a medical provider or law enforcement agency as provided in § 9-34-201 et seq.

CREDIT(S)

Acts of 1975, Act 280, § 2407; Acts of 2001, Act 236, § 2, eff. Aug. 13, 2001; Acts of 2005, Act 2207, § 1, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 41-2407.

A.C.A. § 5-27-206

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-206. Endangering welfare of minor--Second degree

(a)(1) A person commits the offense of endangering the welfare of a minor in the second degree if he or she knowingly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of another person known by the person to be a minor.

(2) As used in this section, “serious harm to the physical or mental welfare” means physical or mental injury that causes:

(A) Protracted disfigurement;

(B) Protracted impairment of physical or mental health; or

(b) Endangering the welfare of a minor in the second degree is a Class A misdemeanor.

CREDIT(S)

Acts of 1975, Act 280, § 2408; Acts of 2005, Act 2207, § 2, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 41-2408.

A.C.A. § 5-27-207

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-207. Endangering the welfare of a minor--Third degree

(a)(1) A person commits the offense of endangering the welfare of a minor in the third degree if the person recklessly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be a minor.

(2) As used in this section, “serious harm to the physical or mental welfare” means physical or mental injury that causes:

(A) Protracted disfigurement;

(B) Protracted impairment of physical or mental health; or

(b) Endangering the welfare of a minor in the third degree is a Class B misdemeanor.

CREDIT(S)

Acts of 2005, Act 2207, § 3, eff. Aug. 12, 2005.

A.C.A. § 5-27-208

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-208. Reserved

A.C.A. § 5-27-209

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-209. Contributing to delinquency of a minor

(a) A person commits the offense of contributing to the delinquency of a minor if, being an adult, the person knowingly aids, causes, or encourages a minor to:

(1) Do any act prohibited by law;

(2) Do any act that if done by an adult would render the adult subject to a prosecution for an offense punishable by imprisonment;

(3) Habitually absent himself or herself, without good or sufficient cause, from the minor's home without the consent of the minor's parent, stepparent, foster parent, guardian, or other lawful custodian;

(4) Habitually absent himself or herself from school when required by law to attend school; or

(5) Habitually disobey a reasonable and lawful command of the minor's parent, stepparent, foster parent, guardian, or other lawful custodian.

(b) Contributing to the delinquency of a minor is a Class A misdemeanor.

CREDIT(S)

Acts of 1975, Act 280, § 2406.

Formerly A.S.A. 1947, § 41-2406.

A.C.A. § 5-27-210

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-210. Parental responsibility for possession of firearm by minor; definitions

(a) As used in this section:

(1) “Firearm” means:

(A) Any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use, including such a device that is not loaded or lacks a clip or other component to render it immediately operable; or

(B) Components that can readily be assembled into a device described in subdivision (a)(1)(A) of this section; and

(2) “Parent” means a parent, stepparent, legal guardian, or person in loco parentis or who has legal custody of a student pursuant to a court order and with whom the student resides.

(b) A parent of a minor is guilty of a Class B misdemeanor if:

(1) The parent knows that the minor is in illegal possession of a firearm in or upon:

(A) The premises of a public or private school;

(B) A public or private school's athletic stadium or other facility or building in which school-sponsored events are conducted; or

(2) The parent fails to:

(A) Prevent the illegal possession; or

(B) Report the illegal possession to an appropriate school or law enforcement official.

CREDIT(S)

Acts of 1999, Act 1149, §§ 1, 2, eff. July 30, 1999.

A.C.A. § 5-27-211

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§§ 5-27-211 to 5-27-219. Reserved

A.C.A. § 5-27-219

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§§ 5-27-211 to 5-27-219. Reserved

A.C.A. § 5-27-220

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-220. Contributing to the delinquency of a juvenile

(a) A person is guilty of a Class A misdemeanor if the person willfully causes, aids, or encourages any minor to do or perform any act which, if done or performed, would make the minor a delinquent juvenile or juvenile in need of supervision within the meaning of this section and the Arkansas Juvenile Code of 1989, § 9-27-301 et seq. .

(b) A judge may issue a bench warrant for the arrest of an adult in which there is probable cause to believe the adult is committing an offense under this section, returnable to either the district court or the circuit court of the county where the offense was committed.

(c) Any indictment or information under this section shall state the specific act the defendant is alleged to have committed.

(d)(1) Any person convicted of a violation of this section may be punished as provided for a Class A misdemeanor.

(2) However, the court may suspend or postpone enforcement of any part of the sentence or fine levied under this section if in the judgment of the court the suspension or postponement is in the best interest of the minor that was caused, aided, or encouraged.

CREDIT(S)

Acts of 1975, Act 451, § 45; Acts of 2005, Act 1994, § 344, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 45-445.

A.C.A. § 5-27-221

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-221. Permitting abuse of a minor

(a) A person commits the offense of permitting abuse of a minor if, being a parent, guardian, or person legally charged with the care or custody of a minor, he or she recklessly fails to take action to prevent the abuse of a minor.

(b) It is a defense to a prosecution for the offense of permitting abuse of a minor if the parent, guardian, or person legally charged with the care or custody of the minor takes immediate steps to end the abuse of the minor, including prompt notification of a medical or law enforcement authority, upon first knowing or having good reason to know that abuse has occurred.

(1) Class B felony if the abuse of the minor:

(A) Consisted of sexual intercourse;

(B) Consisted of deviate sexual activity; or

(2) Class D felony if the abuse of the minor:

(A) Consisted of sexual contact; or

(B) Caused physical injury to the minor.

(d) As used in this section:

(1) “Abuse” means only sexual intercourse, deviate sexual activity, sexual contact, or causing physical injury, serious physical injury, or death, which could be prosecuted as a delinquent or criminal act; and

(2) “Minor” means a person under eighteen (18) years of age.

CREDIT(S)

Acts of 1985, Act 990, §§ 1 to 3; Acts of 1993, Act 1126, § 9, eff. Sept. 1, 1993; Acts of 2001, Act 1374, § 1, eff. Aug. 13, 2001; Acts of 2003, Act 1318, § 1, eff. July 16, 2003.

Formerly A.S.A. 1947, §§ 41-2472 to 41-2474.

A.C.A. § 5-27-222

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-222. Gross neglect of parental duty resulting in delinquency

(a) It is unlawful for a parent or person standing in loco parentis to a minor to grossly neglect a parental duty to the minor if the gross neglect:

(1) Proximately results in the delinquency of the minor; or

(2) Fails to correct the delinquency of the minor.

(b) Upon conviction, a person who violates this section is guilty of a violation and shall be punished by a fine not to exceed two hundred fifty dollars ($250).

CREDIT(S)

Acts of 1963, Act 109, § 1; Acts of 2005, Act 1994, § 44, eff. Aug. 12, 2005; Acts of 2007, Act 827, § 34, eff. July 31, 2007.

Formerly A.S.A. 1947, § 41-2471.

A.C.A. § 5-27-223

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§§ 5-27-223 to 5-27-226. Repealed by Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005.

Formerly C. & M. Dig., §§ 2680 to 2682; Pope's Dig., §§ 3368 to 3370; A.S.A. 1947, §§ 41-2459 to 41-2464; Acts of 1887, Act 17, §§ 1, 2, p. 18; Acts of 1911, Act 98, §§ 1, 2; Acts of 1967, Act 422, § 1; Acts of 1967, Act 476, § 1; Acts of 1981, Act 526, § 1; Acts of 2005, Act 1994, § 44, eff. Aug. 12, 2005.

A.C.A. § 5-27-224

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§§ 5-27-223 to 5-27-226. Repealed by Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005.

A.C.A. § 5-27-225

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§§ 5-27-223 to 5-27-226. Repealed by Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005.

A.C.A. § 5-27-226

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§§ 5-27-223 to 5-27-226. Repealed by Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005.

A.C.A. § 5-27-227

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-227. Providing minors with tobacco products and cigarette papers--Purchase, use, or possession prohibited--Self-service displays prohibited--Placement of tobacco vending machines

(a)(1) It is unlawful for any person to give, barter, or sell to a minor:

(A) Tobacco in any form; or

(B) A cigarette paper.

(2) A person who pleads guilty or nolo contendere to or is found guilty of violating subdivision (a)(1) of this section is guilty of a violation and is subject to a fine not to exceed one hundred dollars ($100) per violation.

(3) An employee of an Arkansas Retail Cigarette and Tobacco permit holder who violates subdivision (a)(1) of this section is subject to a fine not to exceed one hundred dollars ($100) per violation.

(b)(1) It is unlawful for a minor to:

(A) Use or possess or to purchase, or attempt to purchase:

(i) Tobacco in any form; or

(ii) Cigarette papers; or

(B) For the purpose of obtaining or attempting to obtain tobacco in any form or cigarette papers, falsely represent himself or herself to be eighteen (18) years of age or older by displaying proof of age that is false, fraudulent, or not actually proof of the minor's age.

(2) Any cigarettes, tobacco products, or cigarette papers found in the possession of a minor may be confiscated and destroyed by a law enforcement officer.

(c)(1) It is not an offense under subsection (b) of this section if:

(A) The minor was acting at the direction of an authorized agent of the Arkansas Tobacco Control Board to enforce or ensure compliance with laws relating to the prohibition of the sale of tobacco in any form or cigarette papers to minors;

(B) The minor was acting at the direction of an authorized agent of the Office of Alcohol and Drug Abuse Prevention to compile statistical data relating to the sale of tobacco in any form or cigarette papers to minors;

(C) The minor was acting at the request of an Arkansas Retail Cigarette and Tobacco permit holder to assist the permit holder by performing a check on the permit holder's own retail business to see if the permit holder's employees would sell tobacco or cigarette papers to the minor; or

(D) The minor was acting as an agent of a retail permit holder within the scope of employment.

(2) A minor performing activities under subdivision (c)(1) of this section shall:

(A) Display the appearance of a minor;

(B) Have the written consent of the minor's parent or guardian to perform the activity on file with the agency utilizing the minor; and

(C)(i) Present a true and correct identification if asked.

(ii) Any failure on the part of a minor to provide true and correct identification upon request is a defense to any action under this section or a civil action under § 26-57-256.

(d) Any person who sells tobacco in any form or a cigarette paper has the right to deny the sale of any tobacco in any form or a cigarette paper to any person.

(e) It is unlawful for any person who has been issued a permit or a license under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq., to fail to display in a conspicuous place or on each vending machine a sign indicating that the sale of tobacco products to or purchase or possession of tobacco products by a minor is prohibited by law.

(f) It is unlawful for any manufacturer whose tobacco product is distributed in this state and any person who has been issued a permit or license under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq., to distribute a free sample of any tobacco product or coupon that entitles the holder of the coupon to any free sample of any tobacco product:

(1) In or on any public street or sidewalk within five hundred feet (500’) of any playground, public school, or other facility when the playground, public school, or other facility is being used primarily by minors for recreational, educational, or other purposes; or

(2) To any minor.

(g)(1)(A) It is unlawful for any person that has been issued a permit or license under the Arkansas Tobacco Products Act of 1977, § 26-57-201 et seq., to sell or distribute a cigarette product through a self-service display.

(B) Subdivision (g)(1)(A) of this section does not apply to a:

(i) Vending machine that complies with subdivision (h)(1)(A) of this section; or

(ii) Retail tobacco store.

(2) As used in subdivision (g)(1) of this section:

(A) “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental; and

(B) “Self-service display” means a display:

(i) That contains a cigarette product;

(ii) That is located in an area where customers are permitted; and

(iii) In which the cigarette product is readily accessible to a customer without the assistance of a salesperson.

(h)(1)(A) Except as provided in subdivision (h)(2) of this section, it is unlawful for any person who owns or leases a tobacco vending machine to place a tobacco vending machine in a public place.

(B) As used in subdivision (h)(1)(A) of this section, “public place” means a publicly or privately owned place to which the public or a substantial number of people have access.

(2) A tobacco vending machine may be placed in a:

(A) Restricted area within a factory, business, office, or other structure to which a member of the general public is not given access;

(B) Permitted premises that has a permit for the sale or dispensing of an alcoholic beverage for on-premises consumption that restrict entry to a person twenty-one (21) years of age or older; or

(i) Any retail permit holder or license holder who violates any provision in this section is deemed guilty of a violation and subject to penalties under § 26-57-256.

(j)(1) A notice of alleged violation of this section shall be given to the holder of a retail permit or license or an agent of the holder within ten (10) days of the alleged violation.

(2)(A) The notice shall contain the date and time of the alleged violation.

(B)(i) The notice shall also include either the name of the person making the alleged sale or information reasonably necessary to determine the location in the store that allegedly made the sale.

(ii) When appropriate, information under subdivision (j)(2)(B)(i) of this section should include, but not be limited to, the:

(a) Cash register number;

(b) Physical location of the sale in the store; and

(k) Notwithstanding the provisions of subsection (i) of this section, the court shall consider the following factors when reviewing a possible violation:

(1) The business has adopted and enforced a written policy against selling cigarettes or tobacco products to minors;

(2) The business has informed its employees of the applicable laws regarding the sale of cigarettes and tobacco products to minors;

(3) The business has required employees to verify the age of a cigarette or tobacco product customer by way of photographic identification;

(4) The business has established and imposed disciplinary sanctions for noncompliance; and

(5) That the appearance of the purchaser of the tobacco in any form or cigarette papers was such that an ordinary prudent person would believe him or her to be of legal age to make the purchase.

(l) A person convicted of violating any provision of this section whose permit or license to distribute or sell a tobacco product is suspended or revoked upon conviction shall surrender to the court any permit or license to distribute or sell a tobacco product and the court shall transmit the permit or license to distribute or sell a tobacco product to the Director of the Department of Finance and Administration and instruct the Director of Arkansas Tobacco Control:

(1) To suspend or revoke the person's permit or license to distribute or sell a tobacco product and to not renew the permit or license; and

(2) Not to issue any new permit or license to that person for the period of time determined by the court in accordance with this section.

CREDIT(S)

Acts of 1929, Act 152, § 26; Acts of 1991, Act 543, § 1; Acts of 1997, Act 1337, § 24, eff. July 1, 1997; Acts of 1999, Act 1591, §§ 1, 3, eff. July 30, 1999; Acts of 2003, Act 846, § 1, eff. July 16, 2003; Acts of 2007, Act 165, § 1, eff. July 31, 2007; Acts of 2009, Act 748, § 17, eff. July 31, 2009; Acts of 2009, Act 785, § 6, eff. July 31, 2009.

Formerly Pope's Dig., § 13557; A.S.A. 1947, § 41-2465.

A.C.A. § 5-27-228

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-228. Repealed by Acts of 2001, Act 414, § 2, eff. Aug. 13, 2001

CREDIT(S)

Acts of 2001, Act 414, § 2, eff. Aug. 13, 2001.

Formerly A.S.A. 1947, §§ 41-2468 to 41-2470; Acts of 1957, Act 277, §§ 1-3.

A.C.A. § 5-27-229

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-229. Soliciting or causing voluntary surrender of money or property from incompetent person

(a) It is unlawful for any person to:

(1) Solicit money or property from another person the person knows or should have reason to know is an incompetent person or is a person with diminished mental capacity; and

(2) Cause that incompetent person or person with diminished mental capacity to voluntarily surrender money or property in order to profit or secure gain by taking unfair advantage of the person's incompetency or diminished mental capacity.

(b) Any person violating this section is guilty of a Class D felony.

CREDIT(S)

Acts of 1987, Act 337, § 1.

A.C.A. § 5-27-230

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-230. Exposure of child to a chemical substance or methamphetamine

(a) As used in this section:

(1)(A) “Chemical substance” means a substance intended to be used as a precursor in the manufacture of methamphetamine, or any other chemical intended to be used in the manufacture of methamphetamine.

(B) Intent may be demonstrated by the substance's:

(i) Use;

(ii) Quantity;

(iii) Manner of storage; or

(iv) Proximity to another precursor or equipment used to manufacture methamphetamine;

(2) “Child” means any person under eighteen (18) years of age; and

(3) “Methamphetamine” has the same meaning as provided in the Uniform Controlled Substances Act, § 5-64-101 et seq.

(b)(1) Any adult who, with the intent to manufacture methamphetamine, knowingly causes or permits a child to be exposed to, ingest, inhale, or have any contact with a chemical substance or methamphetamine is guilty of a Class C felony.

(2) Any adult who violates subdivision (b)(1) of this section is guilty of a Class B felony if a child suffers physical injury or serious physical injury because of the violation.

CREDIT(S)

Acts of 2003, Act 930, § 1, eff. July 16, 2003.

A.C.A. § 5-27-231

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-231. Renumbered as § 5-27-207.

A.C.A. § 5-27-232

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-232. Renumbered as § 5-27-203.

A.C.A. T. 5, Subt. 3, Ch. 27, Subch. 3, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 3. Sexual Exploitation of Children Generally

A.C.A. § 5-27-301

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 3. Sexual Exploitation of Children Generally (Refs & Annos)

§ 5-27-301. Citation

This subchapter may be cited as the “Arkansas Protection of Children Against Exploitation Act of 1979”.

CREDIT(S)

Acts of 1979, Act 499, § 1.

Formerly A.S.A. 1947, § 41-4201.

A.C.A. § 5-27-302

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 3. Sexual Exploitation of Children Generally (Refs & Annos)

§ 5-27-302. Definitions

As used in this subchapter:

(1) “Child” means any person under eighteen (18) years of age;

(2) “Commercial exploitation” means having monetary or other material gain as a direct or indirect goal;

(3) “Producing” means producing, directing, manufacturing, issuing, publishing, or advertising;

(4) “Sexually explicit conduct” means actual or simulated:

(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

(B) Bestiality;

(D) Sadomasochistic abuse for the purpose of sexual stimulation; or

(E) Lewd exhibition of:

(i) The genitals or pubic area of any person; or

(ii) The breast of a female; and

(5) “Visual or print medium” means any film, photograph, negative, slide, book, magazine, or other visual or print medium other than material specifically used by a licensed medical professional or mental health professional, or both, for the purpose of assessment, evaluation, and treatment of a sex offender.

CREDIT(S)

Acts of 1979, Act 499, § 2; Acts of 1995, Act 1209, § 1; Acts of 2007, Act 827, § 35, eff. July 31, 2007; Acts of 2011, Act 1190, § 1, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-4202.

A.C.A. § 5-27-303

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 3. Sexual Exploitation of Children Generally (Refs & Annos)

§ 5-27-303. Engaging children in sexually explicit conduct for use in visual or print medium

(a) Any person who employs, uses, persuades, induces, entices, or coerces any child to engage in or who has a child assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual or print medium depicting the sexually explicit conduct is guilty of a:

(1) Class B felony for the first offense; and

(2) Class A felony for a subsequent offense.

(b) Any parent, legal guardian, or person having custody or control of a child who knowingly permits the child to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual or print medium depicting the sexually explicit conduct is guilty of a:

(1) Class B felony for the first offense; and

(2) Class A felony for a subsequent offense.

CREDIT(S)

Acts of 1979, Act 499, § 3; Acts of 2003, Act 1087, § 1, eff. July 16, 2003.

Formerly A.S.A. 1947, § 41-4203.

A.C.A. § 5-27-304

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 3. Sexual Exploitation of Children Generally (Refs & Annos)

§ 5-27-304. Sexually explicit conduct, children

(a) With knowledge of the character of the visual or print medium involved, no person shall do any of the following:

(1) Knowingly advertise for sale or distribution, sell, distribute, transport, ship, exhibit, display, or receive for the purpose of sale or distribution any visual or print medium depicting a child participating or engaging in sexually explicit conduct; or

(2) Knowingly solicit, receive, purchase, exchange, possess, view, distribute, or control any visual or print medium depicting a child participating or engaging in sexually explicit conduct.

(b) Any person who violates subdivisions (a)(1) or (2) of this section is guilty of a:

(1) Class C felony for the first offense; and

(2) Class B felony for a subsequent offense.

CREDIT(S)

Acts of 1979, Act 499, § 4; Acts of 1991, Act 607, § 1.

Formerly A.S.A. 1947, § 41-4204.

A.C.A. § 5-27-305

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 3. Sexual Exploitation of Children Generally (Refs & Annos)

§ 5-27-305. Transportation of minors for prohibited sexual conduct

(a) A person commits the offense of transportation of a minor for prohibited sexual conduct if the person transports, finances in whole or part the transportation of, or otherwise causes or facilitates the movement of any minor, and the actor:

(1) Knows or has reason to know that prostitution or sexually explicit conduct involving the minor will be commercially exploited by any person; and

(2) Acts with the purpose that the minor will engage in:

(A) Prostitution; or

(B) Sexually explicit conduct.

(b) Transportation of a minor for prohibited sexual conduct is a Class A felony.

CREDIT(S)

Acts of 1979, Act 499, § 5; Acts of 2007, Act 248, § 1, eff. July 31, 2007; Acts of 2009, Act 748, § 18, eff. July 31, 2009.

Formerly A.S.A. 1947, § 41-4205.

A.C.A. § 5-27-306

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 3. Sexual Exploitation of Children Generally (Refs & Annos)

§ 5-27-306. Internet stalking of a child

(a) A person commits the offense of internet stalking of a child if the person being twenty-one (21) years of age or older knowingly uses a computer online service, internet service, or local internet bulletin board service to:

(1) Seduce, solicit, lure, or entice a child fifteen (15) years of age or younger in an effort to arrange a meeting with the child for the purpose of engaging in:

(A) Sexual intercourse;

(B) Sexually explicit conduct; or

(2) Seduce, solicit, lure, or entice an individual that the person believes to be fifteen (15) years of age or younger in an effort to arrange a meeting with the individual for the purpose of engaging in:

(A) Sexual intercourse;

(B) Sexually explicit conduct; or

(3) Compile, transmit, publish, reproduce, buy, sell, receive, exchange, or disseminate the name, telephone number, electronic mail address, residence address, picture, physical description, characteristics, or any other identifying information on a child fifteen (15) years of age or younger in furtherance of an effort to arrange a meeting with the child for the purpose of engaging in:

(A) Sexual intercourse;

(B) Sexually explicit conduct; or

(4) Compile, transmit, publish, reproduce, buy, sell, receive, exchange, or disseminate the name, telephone number, electronic mail address, residence address, picture, physical description, characteristics, or any other identifying information on an individual that the person believes to be fifteen (15) years of age or younger in furtherance of an effort to arrange a meeting with the individual for the purpose of engaging in:

(A) Sexual intercourse;

(B) Sexually explicit conduct; or

(b) Internet stalking of a child is a:

(1) Class B felony if the person attempts to arrange a meeting with a child fifteen (15) years of age or younger, even if a meeting with the child never takes place;

(2) Class B felony if the person attempts to arrange a meeting with an individual that the person believes to be fifteen (15) years of age or younger, even if a meeting with the individual never takes place; or

(3) Class A felony if the person arranges a meeting with a child fifteen (15) years of age or younger and an actual meeting with the child takes place, even if the person fails to engage the child in:

(A) Sexual intercourse;

(B) Sexually explicit conduct; or

(c) This section does not apply to a person or entity providing an electronic communications service to the public that is used by another person to violate this section, unless the person or entity providing an electronic communications service to the public:

(1) Conspires with another person to violate this section; or

(2) Knowingly aids and abets a violation of this section.

CREDIT(S)

Acts of 2005, Act 1776, § 1, eff. Aug. 12, 2005; Acts of 2007, Act 38, § 2, eff. Jan. 30, 2007; Acts of 2007, Act 827, §§ 36A to 36D, 37, eff. July 31, 2007.

A.C.A. § 5-27-401

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 4. Use of Children in Sexual Performances

§ 5-27-401. Definitions

As used in this subchapter:

(1) “Performance” means any play, dance, act, drama, piece, interlude, pantomime, show, scene, or other three-dimensional presentation or a part of a play, dance, act, drama, piece, interlude, pantomime, show, scene, or other three-dimensional presentation, whether:

(A) Performed live or photographed;

(B) Filmed;

(D) Visually depicted by any other photographic, cinematic, magnetic, or electronic means;

(2) “Promote” means to:

(A) Sell, give, provide, distribute, circulate, disseminate, present, exhibit, or advertise; or

(B) Offer or agree to sell, give, provide, distribute, circulate, disseminate, present, exhibit, or advertise;

(3) “Sadomasochistic abuse” means flagellation, mutilation, or torture by or upon a person who is nude or clad in an undergarment or in revealing or bizarre costume or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed, in a sexual context;

(4) “Sexual conduct” means:

(A) Actual or simulated sexual intercourse;

(B) Deviate sexual activity;

(D) Masturbation;

(E) Sadomasochistic abuse; or

(F) Lewd exhibition of the genitals or pubic area of any person or a breast of a female; and

(5) “Sexual performance” means any performance or part of a performance that includes sexual conduct by a child under eighteen (18) years of age.

CREDIT(S)

Acts of 1983, Act 451, § 1; Acts of 1995, Act 337, § 1; Acts of 1995, Act 1209, § 2; Acts of 2007, Act 827, § 38, eff. July 31, 2007; Acts of 2011, Act 1190, § 2, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-4206.

A.C.A. § 5-27-402

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 4. Use of Children in Sexual Performances

§ 5-27-402. Employing or consenting to the use of a child in a sexual performance

(a) It is unlawful for a person, knowing the character and content of the performance, to employ, authorize, or induce a child under eighteen (18) years of age to engage in a sexual performance.

(b) It is also unlawful for a parent or legal guardian or custodian of a child under eighteen (18) years of age to consent to the participation by the child in a sexual performance.

(1) Class C felony for the first offense; and

(2) Class B felony for a subsequent offense.

CREDIT(S)

Acts of 1983, Act 451, § 2; Acts of 2011, Act 1190, § 3, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-4207.

A.C.A. § 5-27-403

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 4. Use of Children in Sexual Performances

§ 5-27-403. Producing, directing, or promoting a sexual performance by a child

(a) It is unlawful for a person, knowing the character and content of the material, to produce, direct, or promote a performance that includes sexual conduct by a child under eighteen (18) years of age.

(b) A person who violates this section upon conviction is guilty of a Class B felony.

CREDIT(S)

Acts of 1983, Act 451, § 3; Acts of 2011, Act 1190, § 4, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-4208.

A.C.A. § 5-27-404

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 4. Use of Children in Sexual Performances

§ 5-27-404. Good faith defense

It is an affirmative defense to a prosecution under this subchapter that the defendant in good faith reasonably believed that the person who engaged in the sexual conduct was eighteen (18) years of age or older.

CREDIT(S)

Acts of 1983, Act 451, § 4; Acts of 2011, Act 1190, § 5, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-4209.

A.C.A. § 5-27-405

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 4. Use of Children in Sexual Performances

§ 5-27-405. Determination of age of person

When it becomes necessary for purposes of this subchapter to determine whether a person who participated in sexual conduct was a child under eighteen (18) years of age, the court or jury may make this determination by any of the following methods:

(1) Personal inspection of the person;

(2) Inspection of the photograph, motion picture, or other material that shows the person engaging in the sexual performance;

(3) Oral testimony by a witness to the sexual performance as to the age of the person based on the person's appearance at the time;

(4) Expert medical testimony based on the appearance of the person engaged in the sexual performance; or

(5) Any other method authorized by law.

CREDIT(S)

Acts of 1983, Act 451, § 5; Acts of 2011, Act 1190, § 6, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-4210.

A.C.A. § 5-27-501

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 5. Fraudulent Identification Documents for Minors

§ 5-27-501. Fraudulent minor ID documents--Legislative purpose

(a) The primary purpose of this subchapter is to prohibit the production, sale, or distribution of a fraudulent or altered identification document to a person under twenty-one (21) years of age to prevent the use of the fraudulent or altered identification document to unlawfully purchase an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law.

(b) The secondary purpose of this subchapter is to assign criminal liability to a person under twenty-one (21) years of age utilizing a fraudulent identification document for the purpose of unlawfully purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law.

CREDIT(S)

Acts of 1991, Act 567, § 1.

A.C.A. § 5-27-502

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 5. Fraudulent Identification Documents for Minors

§ 5-27-502. Manufacture, etc., fraudulent IDs

(a) It is unlawful for a person to:

(1) Manufacture or produce a fraudulent personal identification document for the purpose of providing a person under twenty-one (21) years of age identification that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law;

(2) Alter a personal identification document for the purpose of providing a person under twenty-one (21) years of age false identification that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law; or

(3) Sell or otherwise distribute a fraudulent personal identification document described in this subsection to a person under twenty-one (21) years of age.

(b)(1) A person who violates this section is deemed guilty of a Class C felony.

(2) A subsequent violation of this section is a Class B felony.

CREDIT(S)

Acts of 1991, Act 567, § 2.

A.C.A. § 5-27-503

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 5. Fraudulent Identification Documents for Minors

§ 5-27-503. Possession of fraudulent or altered personal identification document unlawful

(a) It is unlawful for:

(1) A person to possess a fraudulent or altered personal identification document for the purpose of providing a person under twenty-one (21) years of age identification that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law;

(2) A person under twenty-one (21) years of age to possess a fraudulent or altered personal identification document that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law; or

(3) A person under twenty-one (21) years of age to attempt to purchase an alcoholic beverage or use a fraudulent or altered personal identification document for the purpose of purchasing an alcoholic beverage illegally or other material or substance restricted to adult purchase or possession under existing law.

(b)(1)(A) If a seller of alcoholic beverages or the seller's employee has reasonable cause to believe that a person has violated subdivision (a)(3) of this section, the person may be detained in a reasonable manner and for a reasonable length of time by the seller of alcoholic beverages or the seller's employee in order that the seller of alcoholic beverages or the seller's employee may call for a certified law enforcement officer to conduct an investigation.

(B) The detention authorized under subdivision (b)(1)(A) of this section does not include a physical detention.

(2) If the seller of alcoholic beverages or the seller's employee attempts to verify the age of the person attempting to purchase an alcoholic beverage by way of photographic identification and complies with subdivision (b)(1) of this section, the detention by a seller of alcoholic beverages or the seller's employee does not render the seller of alcoholic beverages or the seller's employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(3) After conducting an investigation under subdivision (b)(1)(A) of this section and within twenty-four (24) hours of the call from a seller of alcoholic beverages or the seller's employee for the investigation, a certified law enforcement officer may arrest a person without a warrant upon probable cause for believing that the person has violated subdivision (a)(3) of this section.

(c)(1) A person who violates this section is deemed guilty of a Class B misdemeanor.

(2) A subsequent violation of this section is a Class A misdemeanor.

(d)(1) Except for a minor subject to the penalty authorized by § 5-27-504, in addition to any penalty authorized by subdivision (c)(1) or (2) of this section, at the time of arrest for a violation of subdivision (a)(3) of this section, the arrested person shall immediately surrender his or her license, permit, or other evidence of driving privilege to the arresting law enforcement officer as provided in § 5-65-402.

(2) The Office of Driver Services or its designated official shall suspend or revoke the driving privilege of the arrested person or shall suspend any nonresident driving privilege of the arrested person, as provided in § 5-65-402.

(3) The period of suspension or revocation of driving privilege of the arrested person shall be based on the number of previous offenses of the arrested person as follows:

(A) Suspension for sixty (60) days for a first offense under subdivision (a)(3) of this section;

(B) Suspension for one hundred twenty (120) days for a second offense under subdivision (a)(3) of this section; and

(4) In order to determine the number of previous offenses under subdivision (d)(3) of this section to consider when suspending or revoking the arrested person's driving privileges, the office shall consider as a previous offense any conviction under subdivision (a)(3) of this section regardless of when the offense occurred.

CREDIT(S)

Acts of 1991, Act 567, § 3; Acts of 2005, Act 1976, § 1, eff. Aug. 12, 2005; Acts of 2007, Act 922, § 1, eff. July 31, 2007.

A.C.A. § 5-27-504

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 5. Fraudulent Identification Documents for Minors

§ 5-27-504. Denial, minor driving privileges

(a)(1) If a minor pleads guilty, nolo contendere, or is found guilty of violation of § 5-27-503, or is found by a juvenile division of circuit court to have committed a violation of § 5-27-503, the court shall prepare and transmit to the Department of Finance and Administration within twenty-four (24) hours after the plea or finding an order of denial of driving privileges for the minor.

(2) In a case of extreme and unusual hardship, the order may provide for the issuance of a restricted driving permit to allow driving to and from a place of employment or driving to and from school.

(b) Upon receipt of an order of denial of driving privileges under this subchapter, the department shall suspend the motor vehicle operator's license of the minor for twelve (12) months or until the minor reaches eighteen (18) years of age, whichever period of time is shortest.

CREDIT(S)

Acts of 1991, Act 567, § 4.

A.C.A. § 5-27-601

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 6. Computer Crimes Against Minors

§ 5-27-601. Definitions

As used in this subchapter:

(1) “Child” means any person under seventeen (17) years of age;

(2)(A) “Computer” means an electronic, magnetic, electrochemical, or other high-speed data processing device performing a logical, arithmetic, or storage function and includes any data storage facility or communications facility directly related to or operating in conjunction with the device.

(B) “Computer” also includes any online service, internet service, or local bulletin board, any electronic storage device, including a floppy disk or other magnetic storage device, or any compact disk that has read-only memory and the capacity to store audio, video, or written material;

(3) “Computer network” means an interconnection of a communications line with a computer through a remote terminal or a complex consisting of two (2) or more interconnected computers;

(4) “Computer program” means a set of instructions, statements, or related data that, in actual or modified form, is capable of causing a computer or a computer system to perform a specified function;

(5) “Computer software” means one (1) or more computer programs, existing in any form, or any associated operational procedure, manual, or other documentation;

(6) “Computer system” means a set of related, connected, or unconnected computers, other devices, and software;

(7) “Deviate sexual activity” means any act involving the penetration, however slight, of the:

(A) Anus or mouth of a person by the penis of another person; or

(B) Labia majora or anus of a person by any body member or foreign instrument manipulated by another person;

(8) “Electronic mail” means an electronic message, file, data, or other information that is transmitted:

(A) Between two (2) or more computers, computer networks, or electronic terminals; or

(B) Within or between computer networks;

(9) “Electronic mail service provider” means a person that:

(A) Is an intermediary in the transmission of electronic mail from the sender to the recipient; or

(B) Provides to an end user of electronic mail service the ability to send and receive electronic mail;

(10) “Interactive computer service” means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and also a system operated or service offered by a library or educational institution;

(11) “Internet” means the international computer network of both federal and nonfederal interoperable packet switched data networks;

(12) “Performance” means any play, dance, act, drama, piece, interlude, pantomime, show, scene, or other three-dimensional presentation or a part, whether:

(A) Performed live or photographed;

(B) Filmed;

(D) Visually depicted by any other photographic, cinematic, magnetic, or electronic means;

(13) “Reproduction” includes, but is not limited to, a computer-generated image;

(14) “Sexual intercourse” means penetration, however slight, of the labia majora by a penis; and

(15) “Sexually explicit conduct” means actual or simulated:

(A) Sexual intercourse;

(B) Deviate sexual activity;

(D) Masturbation;

(E) Sadomasochistic abuse for the purpose of sexual stimulation; or

(F) Lewd exhibition of the:

(i) Genitals or pubic area of any person; or

(ii) Breast of a female.

CREDIT(S)

Acts of 2001, Act 1496, § 1, eff. Aug. 13, 2001; Acts of 2003, Act 1087, § 2, eff. July 16, 2003.

A.C.A. § 5-27-602

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 6. Computer Crimes Against Minors

§ 5-27-602. Distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child

(a) A person commits distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child if the person knowingly:

(1) Receives for the purpose of selling or knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers, or agrees to offer through any means, including the internet, any photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct; or

(2) Possesses or views through any means, including on the internet, any photograph, film, videotape, computer program or file, computer-generated image, video game, or any other reproduction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct.

(b) Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child is a:

(1) Class C felony for the first offense; and

(2) Class B felony for any subsequent offense.

(c) It is an affirmative defense to a prosecution under this section that the defendant in good faith reasonably believed that the person depicted in the matter was seventeen (17) years of age or older.

CREDIT(S)

Acts of 2001, Act 1496, § 1, eff. Aug. 13, 2001; Acts of 2003, Act 1087, § 3, eff. July 16, 2003; Acts of 2005, Act 1994, § 492, eff. Aug. 12, 2005.

A.C.A. § 5-27-603

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 6. Computer Crimes Against Minors

§ 5-27-603. Computer child pornography

(a) A person commits computer child pornography if the person knowingly:

(1) Compiles, enters into, or transmits by means of computer, makes, prints, publishes, or reproduces by other computerized means, knowingly causes or allows to be entered into or transmitted by means of computer or buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement or any child's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexually explicit conduct of or with any child or another individual believed by the person to be a child, or the visual depiction of the conduct; or

(2) Utilizes a computer online service, internet service, or local bulletin board service to seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another individual believed by the person to be a child, to engage in sexually explicit conduct.

(b) Computer child pornography is a Class B felony.

CREDIT(S)

Acts of 2001, Act 1496, § 1, eff. Aug. 13, 2001.

A.C.A. § 5-27-604

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 6. Computer Crimes Against Minors

§ 5-27-604. Failure to report computer child pornography

(a) A person commits failure to report computer child pornography if the person:

(1) Is the owner, operator, or employee of a computer online service, internet service, or bulletin board service; and

(2) Knowingly fails to notify a law enforcement official that a subscriber is using the computer online service, internet service, or bulletin board service to commit a violation of § 5-27-603.

(b) Failure to report computer child pornography is a Class A misdemeanor.

CREDIT(S)

Acts of 2001, Act 1496, § 1, eff. Aug. 13, 2001.

A.C.A. § 5-27-605

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 6. Computer Crimes Against Minors

§ 5-27-605. Computer exploitation of a child

(a)(1) A person commits computer exploitation of a child in the first degree if the person:

(A) Causes or permits a child to engage in sexually explicit conduct; and

(B) Knows, has reason to know, or intends that the prohibited conduct may be:

(i) Photographed;

(ii) Filmed;

(iii) Reproduced;

(iv) Reconstructed in any manner, including on the internet; or

(v) Part of an exhibition or performance.

(2) Computer exploitation of a child in the first degree is a:

(A) Class B felony for the first offense; and

(B) Class A felony for a subsequent offense.

(b)(1) A person commits computer exploitation of a child in the second degree if the person:

(A) Photographs or films a child engaged in sexually explicit conduct; or

(B) Uses any device, including a computer, to reproduce or reconstruct the image of a child engaged in sexually explicit conduct.

(2) Computer exploitation of a child in the second degree is a Class C felony.

CREDIT(S)

Acts of 2001, Act 1496, § 1, eff. Aug. 13, 2001; Acts of 2003, Act 1087, § 4, eff. July 16, 2003.

A.C.A. § 5-27-606

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 6. Computer Crimes Against Minors

§ 5-27-606. Jurisdiction

For the purpose of determining jurisdiction, a person is subject to prosecution in this state for any conduct proscribed by this subchapter if the transmission that constitutes the offense either originates in this state or is received in this state.

CREDIT(S)

Acts of 2001, Act 1496, § 1, eff. Aug. 13, 2001.

A.C.A. § 5-27-607

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 6. Computer Crimes Against Minors

§ 5-27-607. Determination of age of child

(a) For purposes of this subchapter, the state must prove beyond a reasonable doubt that a person who is depicted as or presents the appearance of being under seventeen (17) years of age in any photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction is under seventeen (17) years of age.

(b) If it becomes necessary for a purpose of this subchapter to determine whether a person depicted engaging in sexually explicit conduct was under seventeen (17) years of age, the court or jury may make this determination by any of the following methods:

(1) Personal inspection of the person;

(2) Inspection of the photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction picture that depicts the person engaging in the sexually explicit conduct;

(3) Expert medical testimony based on the appearance of the person engaged in the sexually explicit conduct; or

(4) Any other method authorized by law.

CREDIT(S)

Acts of 2001, Act 1496, § 1, eff. Aug. 13, 2001; Acts of 2005, Act 1994, § 493, eff. Aug. 12, 2005.

A.C.A. § 5-27-608

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 6. Computer Crimes Against Minors

§ 5-27-608. Applicability of this subchapter to interactive computer service and electronic mail service providers

An interactive computer service or electronic mail service provider does not violate this subchapter when the interactive computer service or electronic mail service provider is an intermediary between the sender and the recipient in the transmission of an electronic mail that violates this subchapter.

CREDIT(S)

Acts of 2003, Act 1087, § 5, eff. July 16, 2003.

A.C.A. T. 5, Subt. 3, Ch. 28, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults

A.C.A. T. 5, Subt. 3, Ch. 28, Subch. 1, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults

Subchapter 1. General Provisions

A.C.A. § 5-28-101

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 1. General Provisions (Refs & Annos)

§ 5-28-101. Definitions

As used in this chapter:

(1) “Abuse” means:

(A) Any purposeful and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person;

(B) Any purposeful or demeaning act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm;

(C) Any purposeful threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause; or

(D) With regard to any adult long-term care facility resident by a caregiver, any purposeful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish;

(2) “Adult maltreatment” means adult abuse, exploitation, neglect, physical abuse, or sexual abuse;

(3) “Caregiver” means a related or unrelated person, owner, agent, high managerial agent of a public or private organization, or a public or private organization that has the responsibility for the protection, care, or custody of an adult endangered person or an adult impaired person as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court;

(4) “Endangered person” means:

(A) An adult who:

(i) is [FN1] found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to the adult; and

(ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or

(B) A long-term care facility resident who:

(i) Is found to be in a situation or condition which poses an imminent risk of death or serious bodily harm to the person; and

(ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition;

(5) “Exploitation” means:

(A) The illegal or unauthorized use or management of an an [FN2] adult endangered person's or an adult impaired person's funds, assets, or property or the use of an adult endangered person's or an adult impaired person's, power of attorney, or guardianship for the profit or advantage of the actor or another person; or

(B) Misappropriation of property of an adult long-term care facility resident which means the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of an adult long-term care facility resident's belongings or money without the adult long-term care facility resident's consent;

(6) “Imminent danger to health or safety” means a situation in which death or severe bodily injury could reasonably be expected to occur without intervention;

(7)(A) “Impaired person” means a person eighteen (18) years of age or older who as a result of mental or physical impairment is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation, and as a consequence of this inability to protect himself or herself is endangered.

(B) For purposes of this chapter, a long-term care facility resident is presumed to be an “impaired person”;

(8) “Long-term care facility” means:

(A) A nursing home;

(B) A residential care facility;

(D) Any facility that provides long-term medical or personal care;

(E) An intermediate care facility for the mentally retarded; or

(F) An assisted-living facility;

(9) “Long-term care facility resident” means a person, regardless of age, living in a long-term care facility;

(10) “Long-term care facility resident maltreatment” means abuse, exploitation, neglect, physical abuse, or sexual abuse of a long-term care facility resident;

(11) “Neglect” means:

(A) An act or omission by an endangered person or an impaired person, for example, self-neglect; or

(B) A purposeful act or omission by a caregiver responsible for the care and supervision of an adult endangered person or an adult impaired person that constitutes negligently failing to:

(i) Provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an adult endangered person or an adult impaired person;

(ii) Report a health problem or a change in a health problem or a change in the health condition of an adult endangered person or an adult impaired person to the appropriate medical personnel;

(iii) Carry out a prescribed treatment plan; or

(iv) Provide a good or service necessary to avoid physical harm, mental anguish, or mental illness as defined in regulations promulgated by the Office of Long-Term Care of the Division of Medical Services of the Department of Health and Human Services to an adult long-term care facility resident;

(12) “Physical injury” means the:

(A) Impairment of a physical condition; or

(B) Infliction of substantial pain;

(13) “Serious bodily harm” means:

(A) Physical abuse;

(B) Sexual abuse;

(D) Serious physical injury as defined in this chapter;

(14) “Serious physical injury” means physical injury to an endangered person or an impaired person that:

(A) Creates a substantial risk of death; or

(B) Causes:

(i) Protracted disfigurement;

(ii) Protracted impairment of health; or

(iii) Loss or protracted impairment of the function of any bodily member or organ; and

(15) “Sexual abuse” means deviate sexual activity, sexual contact, or sexual intercourse, as those terms are defined in § 5-14-101, with another person who is incapable of consent because he or she is:

(A) Mentally defective, as defined in § 5-14-101;

(B) Mentally incapacitated, as defined in § 5-14-101; or

CREDIT(S)

Acts of 1983, Act 452, § 1; Acts of 1988 (4th Ex. Sess.), Act 5, § 1; Acts of 1988 (4th Ex. Sess.), Act 15, § 1; Acts of 1993, Act 1292, § 1, eff. April 22, 1993; Acts of 1995, Act 1338, § 2; Acts of 1997, Act 1034, § 1; Acts of 1999, Act 753, § 1, eff. July 30, 1999; Acts of 2001, Act 1028, § 1, eff. Aug. 13, 2001; Acts of 2003, Act 1046, § 1, eff. July 16, 2003; Acts of 2003, Act 1118, § 1, eff. July 16, 2003; Acts of 2005, Act 255, § 1, eff. Aug. 12, 2005; Acts of 2005, Act 1810, § 1, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 59-1301.

[FN1] So in original.

[FN2] Duplication so in original.

A.C.A. § 5-28-102

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 1. General Provisions (Refs & Annos)

§ 5-28-102. Legislative intent

The General Assembly recognizes that the state must provide for the detection, correction, and prosecution of the maltreatment of adults.

CREDIT(S)

Acts of 1983, Act 452, § 2; Acts of 1995, Act 1338, § 2; Acts of 2003, Act 1046, § 2, eff. July 16, 2003.

Formerly A.S.A. 1947, § 59-1302.

A.C.A. § 5-28-103

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 1. General Provisions (Refs & Annos)

§ 5-28-103. Criminal penalties for abuse, neglect, or exploitation of endangered or impaired person

(a) It is unlawful for any person or caregiver to abuse, neglect, or exploit any endangered person or impaired person subject to protection under a provision of this chapter.

(b)(1) If the abuse causes serious physical injury or a substantial risk of death, any person or caregiver who purposely abuses an endangered person or an impaired person is guilty of a Class B felony.

(2) If the abuse causes physical injury, any person or caregiver who purposely abuses an adult endangered person or an adult impaired person in violation of a provision of this chapter is guilty of a Class D felony.

(c)(1) Any person or caregiver who neglects an adult endangered person or an adult impaired person in violation of a provision of this chapter, causing serious physical injury or substantial risk of death, is guilty of a Class D felony.

(2) Any person or caregiver who neglects an adult endangered person or an adult impaired person in violation of a provision of this chapter, causing physical injury, is guilty of a Class B misdemeanor.

(d) Any person or caregiver who abuses an adult endangered person or and [FN1] adult impaired person is guilty of a Class B misdemeanor.

(e) Any person or caregiver who exploits a person in violation of a provision of this chapter when the value of the property, asset, or resource is:

(1) Two thousand five hundred dollars ($2,500) or more, is guilty of a Class B felony;

(2) Less than two thousand five hundred dollars ($2,500) but more than two hundred dollars ($200), is guilty of a Class C felony; and

(3) Two hundred dollars ($200) or less, is guilty of a Class A misdemeanor.

CREDIT(S)

Acts of 1983, Act 452, § 3; Acts of 1993, Act 1292, § 2, eff. April 22, 1993; Acts of 1995, Act 1338, § 2; Acts of 2005, Act 1810, § 2, eff. Aug. 12, 2005; Acts of 2005, Act 1994, § 297, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 59-1303.

[FN1] So in original. Probably should read “an”.

A.C.A. § 5-28-104

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 1. General Provisions (Refs & Annos)

§ 5-28-104. Privilege not grounds for exclusion of evidence

Any privilege between a husband and a wife or between any professional person, including, but not limited to, a physician, member of the clergy, counselor, hospital, clinic, rest home, or nursing home, and his or her or its client, except between a lawyer and a client, does not constitute a ground for excluding evidence at any proceeding regarding adult maltreatment of an endangered person or an impaired person, or the cause of the adult maltreatment.

CREDIT(S)

Acts of 1983, Act 452, § 12; Acts of 1995, Act 1338, § 2; Acts of 2005, Act 1810, § 3, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, §§ 59-1303, 59-1312; Acts of 1983, Act 452, § 3.

A.C.A. § 5-28-105

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 1. General Provisions (Refs & Annos)

§ 5-28-105. Spiritual treatment

Nothing in this chapter shall be construed to imply that a reported adult endangered person or adult impaired person, who is being furnished with treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner of the recognized church or religious denomination, is for that reason alone a person who is:

(1) Endangered;

(2) Abused;

(3) Neglected;

(4) Maltreated; or

(5) Exploited.

CREDIT(S)

Acts of 1983, Act 452, § 4; Acts of 1995, Act 1338, § 2.

Formerly A.S.A. 1947, § 59-1304.

A.C.A. § 5-28-106

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 1. General Provisions (Refs & Annos)

§ 5-28-106. Repealed by Acts of 2005, Act 1810, § 4, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1810, § 4, eff. Aug. 12, 2005.

Formerly Acts of 1993, Act 1292, § 3; Acts of 1995, Act 1338, § 2; Acts of 2001, Act 1621, §§ 1, 2, eff. Aug. 13, 2001; Acts of 2003, Act 1162, § 1, eff. April 8, 2003.

A.C.A. § 5-28-107

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 1. General Provisions (Refs & Annos)

§ 5-28-107. Investigation by Attorney General

(a) The office of the Attorney General has concurrent jurisdiction with the Department of Health and Human Services to investigate cases of suspected adult maltreatment of an adult endangered person or an adult impaired person in a long-term care facility certified under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.

(b) If requested by the office of the Attorney General, a law enforcement agency shall assist in the investigation of any case of suspected adult maltreatment.

(1) Protect an abused, neglected, or exploited adult;

(2) Refer for criminal prosecution a person who abuses, neglects, or exploits any adult endangered person or adult impaired person; and

(3) Initiate a civil action, when appropriate, to protect an abused, neglected, or exploited adult.

(d) The Attorney General shall conduct a thorough investigation which may include a medical, psychological, social, vocational, financial, and educational evaluation and review.

(e)(1) Upon request, the medical, mental health, or other record regarding the abused, neglected, or exploited adult maintained by any facility or maintained by any person required by this chapter to report suspected abuse, neglect, or exploitation shall be made available to the Attorney General for the purpose of conducting an investigation under this chapter.

(2) Upon request, a financial record maintained by a bank or a similar institution shall be made available to the Attorney General for the purpose of conducting an investigation under this chapter.

(f)(1) A subpoena requiring the production of a document or the attendance of a witness at an interview, trial, or hearing conducted pursuant to the jurisdiction of the Medicaid Fraud Control Unit of the office of the Attorney General may be served by the Attorney General or any duly authorized law enforcement officer in the State of Arkansas personally, telephonically, or by registered or certified mail.

(2) In the case of service by registered or certified mail, the return post office receipt of delivery of the subpoena shall accompany the return.

(g)(1) If a facility or person upon whom a subpoena is served objects or otherwise fails to comply with the Attorney General's request for records, the Attorney General may file an action in circuit court for an order to enforce the request.

(2) Venue for the action to enforce the request is in Pulaski County.

(h) Upon cause shown, the circuit court shall order the facility or person who maintains the medical, mental health, or other record regarding the abused, neglected, or exploited adult to tender the requested record to the Attorney General for the purpose of conducting an investigation under this chapter.

(i)(1) A record obtained by the Attorney General pursuant to this chapter shall be classified as confidential information and is not subject to outside review or release by any individual except when a record is used or is potentially to be used by any governmental entity in any legal, administrative, or judicial proceeding.

(2) Notwithstanding any other law to the contrary, no person is subject to any civil or criminal liability for providing a record or providing access to a record to the Attorney General or to a prosecuting attorney.

CREDIT(S)

Acts of 1993, Act 1292, § 3, eff. April 22, 1993; Acts of 1995, Act 1338, § 2; Acts of 2003, Act 1046, § 3, eff. July 16, 2003; Acts of 2003, Act 1164, § 1, eff. July 16, 2003; Acts of 2005, Act 1810, § 5, eff. Aug. 12, 2005.

A.C.A. § 5-28-108

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 1. General Provisions (Refs & Annos)

§ 5-28-108. Investigations; jurisdiction

(a) An attorney employed in the office of the Attorney General may be designated by a prosecuting attorney having criminal jurisdiction in a matter as a special deputy prosecutor for the purpose of prosecuting in a court of competent jurisdiction an action brought under this chapter or another action for the physical or mental abuse or exploitation of a long-term care facility resident.

(b)(1) As a special deputy prosecutor, an attorney designated under subsection (a) of this section may issue a subpoena and administer an oath as provided in § 25-16-705.

(2) The subpoena shall be substantially in the form set forth in § 25-16-705(b).

(c) A special deputy prosecutor appointed and functioning as authorized under this section is entitled to the same immunity granted by law to the prosecuting attorney.

(d)(1) Appointment as a special deputy prosecutor does not enable an attorney designated under subsection (a) of this section to receive any additional fee or salary from the state for a service provided pursuant to the appointment.

(2) Any expense of the special deputy prosecutor and any fees and costs incurred by the special deputy prosecutor in the prosecution of a case as provided in this section is the responsibility of the Attorney General.

(e) The prosecuting attorney may revoke the appointment of a special deputy prosecutor at any time.

CREDIT(S)

Acts of 1993, Act 1292, § 3, eff. April 22, 1993; Acts of 1995, Act 894, § 1.

A.C.A. § 5-28-109

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 1. General Provisions (Refs & Annos)

§ 5-28-109. Repealed by Acts of 2005, Act 1810, § 6, eff. Aug. 12, 2005, and Acts of 2005, Act 1994, § 513, eff. Aug. 12, 2005.

CREDIT(S)

Acts of 2005, Act 1810, § 6, eff. Aug. 12, 2005; Acts of 2005, Act 1994, § 513, eff. Aug. 12, 2005.

Formerly Acts of 2003, Act 1046, § 4, eff. July 16, 2003.

A.C.A. § 5-28-110

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 1. General Provisions (Refs & Annos)

§ 5-28-110. Penalties

(a) Any person or caregiver required by the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq., to report a case of suspected adult maltreatment or long-term care facility resident maltreatment who purposely fails to do so is:

(1) Guilty of a Class B misdemeanor; and

(2) Civilly liable for damages proximately caused by the failure.

(b) Any person, official, or institution willfully making a false notification by the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq., knowing the allegation to be false, is guilty of a:

(1) Class A misdemeanor; or

(2) Class D felony if the person, official, or institution has been previously convicted of making a false allegation.

(c) Any person who willfully permits and any other person who encourages the release of data or information contained in the adult and long-term care facility maltreatment central registry to a person to whom disclosure is not permitted under this section, § 5-28-201 [repealed], or §§ 5-28-203 -- 5-28-221 [repealed] is guilty of a Class A misdemeanor.

(d) Any person required to report a death as the result of suspected adult maltreatment or long-term care facility resident maltreatment who knowingly fails to make a report immediately to the appropriate coroner is guilty of a Class C misdemeanor.

(e) Any person required to report suspected adult maltreatment or long-term care facility resident maltreatment who knowingly fails to make a report within twenty-four (24) hours or on the next business day, whichever is earlier, is guilty of a Class C misdemeanor.

CREDIT(S)

Acts of 1983, Act 452, § 13; Acts of 1993, Act 1292, § 5, eff. April 22, 1993; Acts of 1995, Act 1338, § 2; Acts of 2003, Act 1046, § 13, eff. July 16, 2003; Acts of 2005, Act 1810, § 8, eff. Aug. 12, 2005; Acts of 2005, Act 1994, § 298, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 59-1313.

A.C.A. T. 5, Subt. 3, Ch. 28, Subch. 2, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults

Subchapter 2. Reporting

A.C.A. § 5-28-201

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§ 5-28-201. Repealed by Acts of 2005, Act 1810, § 7, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1810, § 7, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 59-1314; Acts of 1983, Act 452, § 14; Acts of 1993, Act 1292, § 4, eff. April 22, 1993; Acts of 1995, Act 1338, § 2; Acts of 2003, Act 1046, § 5, eff. July 16, 2003.

A.C.A. § 5-28-202

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§ 5-28-202. Renumbered as § 5-28-110.

A.C.A. § 5-28-203

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§§ 5-28-203 to 5-28-205. Repealed by Acts of 2005, Act 1812, § 2, eff. Aug. 12, 2005.

CREDIT(S)

Acts of 2005, Act 1812, § 2, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, §§ 59-1305 to 59-1307; Acts of 1983, Act 452, §§ 5 to 7; Acts of 1988 (4th Ex. Sess.), Act 5, § 2; Acts of 1988 (4th Ex. Sess.), Act 15, § 2; Acts of 1993, Act 1292, § 6, eff. April 22, 1993; Acts of 1995, Act 1296, § 4; Acts of 1995, Act 1338, § 2; Acts of 1999, Act 499, § 1, eff. July 30, 1999; Acts of 1999, Act 753, §§ 2, 3, eff. July 30, 1999; Acts of 2001, Act 499, § 1, eff. Aug. 13, 2001; Acts of 2001, Act 1028, § 2, eff. Aug. 13, 2001; Acts of 2003, Act 1046, §§ 6, 7, eff. July 16, 2003; Acts of 2005, Act 255, §§ 2, 3, eff. Aug. 12, 2005; Acts of 2005, Act 912, § 2, eff. Aug. 12, 2005.

A.C.A. § 5-28-204

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§§ 5-28-203 to 5-28-205. Repealed by Acts of 2005, Act 1812, § 2, eff. Aug. 12, 2005.

CREDIT(S)

Acts of 2005, Act 1812, § 2, eff. Aug. 12, 2005.

A.C.A. § 5-28-205

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§§ 5-28-203 to 5-28-205. Repealed by Acts of 2005, Act 1812, § 2, eff. Aug. 12, 2005.

CREDIT(S)

Acts of 2005, Act 1812, § 2, eff. Aug. 12, 2005.

A.C.A. § 5-28-206

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§§ 5-28-206 to 5-28-209. Repealed by Acts of 2003, Act 1046, § 8, eff. July 16, 2003

CREDIT(S)

Acts of 2003, Act 1046, § 8, eff. July 16, 2003.

Formerly A.S.A. 1947, §§ 59-1309, 59-1314; Acts of 1983, Act 452, §§ 9, 14; Acts of 1995, Act 1338, § 2; Acts of 1999, Act 753, §§ 4 to 7; Acts of 2001, Act 1028, § 3.

A.C.A. § 5-28-207

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§§ 5-28-206 to 5-28-209. Repealed by Acts of 2003, Act 1046, § 8, eff. July 16, 2003

CREDIT(S)

Acts of 2003, Act 1046, § 8, eff. July 16, 2003.

Formerly A.S.A. 1947, §§ 59-1309, 59-1314; Acts of 1983, Act 452, §§ 9, 14; Acts of 1995, Act 1338, § 2; Acts of 1999, Act 753, §§ 4 to 7; Acts of 2001, Act 1028, § 3.

A.C.A. § 5-28-208

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§§ 5-28-206 to 5-28-209. Repealed by Acts of 2003, Act 1046, § 8, eff. July 16, 2003

CREDIT(S)

Acts of 2003, Act 1046, § 8, eff. July 16, 2003.

Formerly A.S.A. 1947, §§ 59-1309, 59-1314; Acts of 1983, Act 452, §§ 9, 14; Acts of 1995, Act 1338, § 2; Acts of 1999, Act 753, §§ 4 to 7; Acts of 2001, Act 1028, § 3.

A.C.A. § 5-28-209

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§§ 5-28-206 to 5-28-209. Repealed by Acts of 2003, Act 1046, § 8, eff. July 16, 2003

CREDIT(S)

Acts of 2003, Act 1046, § 8, eff. July 16, 2003.

Formerly A.S.A. 1947, §§ 59-1309, 59-1314; Acts of 1983, Act 452, §§ 9, 14; Acts of 1995, Act 1338, § 2; Acts of 1999, Act 753, §§ 4 to 7; Acts of 2001, Act 1028, § 3.

A.C.A. § 5-28-210

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§ 5-28-210. Repealed by Acts of 2005, Act 1812, § 10, eff. Aug. 12, 2005.

CREDIT(S)

Acts of 2005, Act 1812, § 10, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 59-1310; Acts of 1983, Act 452, § 10; Acts of 1988 (4th Ex. Sess.), Act 5, § 3; Acts of 1988 (4th Ex. Sess.), Act 15, § 3; Acts of 1993, Act 401, § 2; Acts of 1993, Act 1292, § 7, eff. April 22, 1993; Acts of 1995, Act 1338, § 2; Acts of 1997, Act 1033, § 1; Acts of 1997, Act 1034, § 2; Acts of 1999, Act 753, § 8, eff. July 30, 1999; Acts of 2001, Act 1028, § 4, eff. Aug. 13, 2001; Acts of 2003, Act 1046, § 9, eff. July 16, 2003.

A.C.A. § 5-28-211

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§§ 5-28-211, 5-28-212. Repealed by Acts of 2003, Act 1046, § 10, eff. July 16, 2003

CREDIT(S)

Acts of 2003, Act 1046, § 10, eff. July 16, 2003.

Formerly A.S.A. 1947, § 59-1314; Acts of 1983, Acts 452, § 14; Acts of 1995, Act 616, § 1, Acts of 1995, Act 1338, § 2; Acts of 1999, Act 753, §§ 9, 14; Acts of 2001, Act 1028, § 5

A.C.A. § 5-28-212

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§§ 5-28-211, 5-28-212. Repealed by Acts of 2003, Act 1046, § 10, eff. July 16, 2003

CREDIT(S)

Acts of 2003, Act 1046, § 10, eff. July 16, 2003.

Formerly A.S.A. 1947, § 59-1314; Acts of 1983, Acts 452, § 14; Acts of 1995, Act 616, § 1, Acts of 1995, Act 1338, § 2; Acts of 1999, Act 753, §§ 9, 14; Acts of 2001, Act 1028, § 5

A.C.A. § 5-28-213

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§§ 5-28-213 to 5-28-221. Repealed by Acts of 2005, Act 1812, § 11, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1812, § 11, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, §§ 59-1309, 59-1311, 59-1314; Acts of 1983, Act 452, §§ 9, 11, 14; Acts of 1991, Act 542, § 1; Acts of 1995, Act 1338, § 2; Acts of 1997, Act 1034, § 3; Acts of 1999, Act 753, §§ 10 to 12, eff. July 30, 1999; Acts of 2001, Act 1028, § 6, eff. Aug. 13, 2001; Acts of 2003, Act 1046, §§ 11, 12, eff. July 16, 2003.

A.C.A. § 5-28-214

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§§ 5-28-213 to 5-28-221. Repealed by Acts of 2005, Act 1812, § 11, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1812, § 11, eff. Aug. 12, 2005.

A.C.A. § 5-28-215

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§§ 5-28-213 to 5-28-221. Repealed by Acts of 2005, Act 1812, § 11, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1812, § 11, eff. Aug. 12, 2005.

A.C.A. § 5-28-216

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§§ 5-28-213 to 5-28-221. Repealed by Acts of 2005, Act 1812, § 11, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1812, § 11, eff. Aug. 12, 2005.

A.C.A. § 5-28-217

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§§ 5-28-213 to 5-28-221. Repealed by Acts of 2005, Act 1812, § 11, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1812, § 11, eff. Aug. 12, 2005.

A.C.A. § 5-28-218

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§§ 5-28-213 to 5-28-221. Repealed by Acts of 2005, Act 1812, § 11, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1812, § 11, eff. Aug. 12, 2005.

A.C.A. § 5-28-219

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§§ 5-28-213 to 5-28-221. Repealed by Acts of 2005, Act 1812, § 11, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1812, § 11, eff. Aug. 12, 2005.

A.C.A. § 5-28-220

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§§ 5-28-213 to 5-28-221. Repealed by Acts of 2005, Act 1812, § 11, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1812, § 11, eff. Aug. 12, 2005.

A.C.A. § 5-28-221

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 2. Reporting (Refs & Annos)

§§ 5-28-213 to 5-28-221. Repealed by Acts of 2005, Act 1812, § 11, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1812, § 11, eff. Aug. 12, 2005.

A.C.A. § 5-28-301

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 3. Protective Placement and Custody

§§ 5-28-301 to 5-28-310. Repealed by Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 59-1308; Acts of 1983, Act 452, § 8; Acts of 1993, Act 401, § 3; Acts of 1995, Act 1338, § 2; Acts of 1997, Act 1034, §§ 4 to 6; Acts of 1999, Act 753, § 13, eff. July 30, 1999; Acts of 2001, Act 1028, §§ 7 to 10, eff. Aug. 13, 2001; Acts of 2003, Act 1034, §§ 1 to 7, eff. July 16, 2003; Acts of 2005, Act 2191, § 1, eff. April 13, 2005.

A.C.A. § 5-28-302

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 3. Protective Placement and Custody

§§ 5-28-301 to 5-28-310. Repealed by Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005.

A.C.A. § 5-28-303

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 3. Protective Placement and Custody

§§ 5-28-301 to 5-28-310. Repealed by Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005.

A.C.A. § 5-28-304

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 3. Protective Placement and Custody

§§ 5-28-301 to 5-28-310. Repealed by Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005.

A.C.A. § 5-28-305

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 3. Protective Placement and Custody

§§ 5-28-301 to 5-28-310. Repealed by Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005.

A.C.A. § 5-28-306

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 3. Protective Placement and Custody

§§ 5-28-301 to 5-28-310. Repealed by Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005.

A.C.A. § 5-28-307

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 3. Protective Placement and Custody

§§ 5-28-301 to 5-28-310. Repealed by Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005.

A.C.A. § 5-28-308

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 3. Protective Placement and Custody

§§ 5-28-301 to 5-28-310. Repealed by Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005.

A.C.A. § 5-28-309

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 3. Protective Placement and Custody

§§ 5-28-301 to 5-28-310. Repealed by Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005.

A.C.A. § 5-28-310

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 28. Abuse of Adults (Refs & Annos)

Subchapter 3. Protective Placement and Custody

§§ 5-28-301 to 5-28-310. Repealed by Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1811, § 2, eff. Aug. 12, 2005.

A.C.A. T. 5, Subt. 3, Ch. 29 to 34, Reserved

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapters 29 to 34. Reserved

A.C.A. T. 5, Subt. 4, Ch. 35, Reserved

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 35. General Provisions--Reserved

A.C.A. T. 5, Subt. 4, Ch. 36, Subch. 1, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions

A.C.A. § 5-36-101

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-101. Definitions

As used in this chapter:

(1) “Article” means any object, material, device, or substance or copy of an object, material, device, or substance, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map;

(2) “Copy” means any facsimile, replica, photograph, or other reproduction of an article, and any note, drawing, or sketch made of or from an article;

(3)(A) “Deception” means:

(i) Creating or reinforcing a false impression, including a false impression of fact, law, value, or intention or other state of mind that the actor does not believe to be true;

(ii) Preventing another person from acquiring information that would affect his or her judgment of a transaction;

(iii) Failing to correct a false impression that the actor knows to be false and that he or she created or reinforced or that he or she knows to be influencing another person to whom the actor stands in a fiduciary or confidential relationship;

(iv) Failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of property that the actor transfers or encumbers in consideration for the property or service obtained, or in order to continue to deprive another person of that other person's property, whether the impediment is or is not valid or is or is not a matter of official record; or

(v) Employing any other scheme to defraud;

(B) As to a person's intention to perform a promise, “deception” shall not be inferred solely from the fact that the person did not subsequently perform the promise.

(i) Falsity as to a matter having no pecuniary significance; or

(ii) Puffing by a statement unlikely to deceive an ordinary person in the group addressed;

(4) “Deprive” means to:

(A) Withhold property or to cause it to be withheld either permanently or under circumstances such that a major portion of its economic value, use, or benefit is appropriated to the actor or lost to the owner;

(B) Withhold property or to cause it to be withheld with the purpose to restore it only upon the payment of a reward or other compensation; or

(5) “Motor fuel” means:

(A) Gasoline, diesel fuel, or alcohol;

(B) Any mixture of gasoline, diesel fuel, or alcohol; or

(6) “Obtain” means:

(A) In relation to property, to bring about a transfer or purported transfer of property or of an interest in the property, whether to the actor or another person; or

(B) In relation to a service, to secure performance of the service;

(7) “Property” means severed real property or tangible or intangible personal property, including money or any paper or document that represents or embodies anything of value;

(8)(A) “Property of another person” means any property in which any person or government other than the actor has a possessory or proprietary interest.

(B) However, “property of another person” does not include property in the possession of the actor in which another person has only a security interest, even though legal title is in the secured party pursuant to a conditional sales contract or other security agreement;

(9) “Service” includes:

(A) Labor;

(B) Professional service;

(D) Telephone, mail, or other public service;

(E) Gas, electricity, or other public utility service;

(F) Accommodation in a hotel, restaurant, or other public accommodation;

(G) Admission to an exhibition; and

(H) Use of a vehicle or other property;

(10)(A) “Threat” means a menace, however communicated, to:

(i) Cause physical injury to any person or to commit any other criminal offense;

(ii) Cause damage to any property;

(iii) Accuse any person of a crime;

(iv) Expose a secret or publish a fact tending to subject any person, living or deceased, to hatred, contempt, shame, or ridicule;

(v) Impair any person's credit or business repute;

(vi) Take or withhold action as a public servant or cause a public servant to take or withhold action;

(vii) Testify or provide information or withhold testimony or information with respect to a legal claim or defense of another person;

(viii) Bring about or continue a strike, boycott, or other collective action if a property or service is not demanded or received for the benefit of the group in whose interest the actor purports to act; or

(ix) Do any other act which would not in itself substantially benefit the actor or a group he or she purports to represent but which is calculated to harm another person in a substantial manner with respect to his or her health, safety, business, employment, calling, career, financial condition, reputation, or a personal relationship.

(B) “Threat” does not include an expression of intent to accuse, expose, bring suit, or otherwise invoke official action under subdivisions (10)(A)(iii)-(vi) of this section if made to obtain property claimed as restitution or indemnification for harm done in the circumstances to which accusation, exposure, lawsuit, or other official action relates or as compensation for property or a lawful service;

(11) “Trade secret” means the whole or any portion of any valuable scientific or technical information, design, process, procedure, formula, or improvement that is not accessible to a person other than a person selected by the owner to have access for a limited purpose;

(12)(A) “Value” means:

(i) The market value of a property or service at the time and place of the offense, or if the market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense;

(ii) In the case of a written instrument, other than a written instrument having a readily ascertainable market value, the amount due and collectible at maturity less any part that has been satisfied if the written instrument constitutes evidence of a debt, or the greatest amount of economic loss that the owner might reasonably suffer by virtue of the loss of the written instrument if the written instrument is other than evidence of a debt; or

(iii) Any inherent, subjective, or idiosyncratic worth the owner or possessor of property attaches to the property even if the property has no market value or replacement cost.

(B)(i) If the actor gave consideration for or had a legal interest in the property or service, the amount of the consideration or the value of the interest shall be deducted from the value of the property or service to determine value.

(ii) However, in a case of theft by receiving under § 5-36-106, the consideration the actor gave for the property shall not be deducted to determine value; and

(13) “Vehicle” means any craft or device designed for the transportation of a person or property across land or water or through the air.

CREDIT(S)

Acts of 1975, Act 280, § 2201; Acts of 1987, Act 934, § 2; Acts of 1997, Act 829, § 1; Acts of 2001, Act 745, § 1, eff. March 13, 2001.

Formerly A.S.A. 1947, § 41-2201.

A.C.A. § 5-36-102

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-102. Consolidation of offenses--Shoplifting presumption--Theft by deception at auction of livestock presumption--Amount of theft

(a) Conduct denominated theft in this chapter constitutes a single offense embracing the separate offenses known before January 1, 1976, as:

(1) Larceny;

(2) Embezzlement;

(3) False pretense;

(4) Extortion;

(5) Blackmail;

(6) Fraudulent conversion;

(7) Receiving stolen property; and

(8) Other similar offenses.

(b) Notwithstanding the specification of a different manner in the indictment or information, a criminal charge of theft may be supported by evidence that it was committed in any manner that would be theft under this chapter subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief if the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

(c) The knowing concealment, upon an actor's person or the person of another, of an unpurchased good or merchandise offered for sale by any store or other business establishment, gives rise to a presumption that the actor took the good or merchandise with the purpose of depriving the owner or another person having an interest in the good or merchandise.

(d) A person who is subject to 7 U.S.C. § 181 et seq. that obtains livestock from a commission merchant