(a) A person is subject to an enhanced sentence under this section if the person purposely selected the victim of an offense committed by the person because the victim is a railroad or public transit employee.
(b) If a sentence enhancement is sought under this section, the information or indictment shall include:
(1) That the sentence enhancement under this section is being sought; and
(2) The allegations supporting the imposition of the enhanced sentence under this section.
(c) The sentence enhancement under this section is as follows:
(1) If the person is convicted of a Class A misdemeanor or an unclassified misdemeanor with a possible sentence greater than ninety (90) days' imprisonment, an additional period of imprisonment of not more than one (1) year;
(2) If the person is convicted of a Class C felony, Class D felony, or an unclassified felony, an additional period of imprisonment of at least six (6) months but no more than two (2) years; and
(3) If the person is convicted of a Class Y felony, Class A felony, or Class B felony, an additional period of imprisonment of at least two (2) years but no more than ten (10) years.
Structure Arkansas Code
Subtitle 1 - General Provisions
Chapter 4 - Disposition of Offenders
Subchapter 7 - Enhanced Penalties for Certain Offenses
§ 5-4-702. Enhanced penalties for offenses committed in presence of a child
§ 5-4-703. Additional fine — Offense committed against a child or in the presence of a child
§ 5-4-705. Sentence enhancement for offense targeting railroad or public transit employee