Arkansas Code
Subchapter 7 - Enhanced Penalties for Certain Offenses
§ 5-4-707. Additional term of imprisonment for offense constituting violence against church or other place of worship

(a) As used in this section, “serious felony involving violence” means:
(1) Murder in the first degree, § 5-10-102;
(2) Murder in the second degree, § 5-10-103;
(3) Battery in the first degree, § 5-13-201;
(4) Aggravated assault, § 5-13-204;
(5) Terroristic threatening, § 5-13-301, if a felony;
(6) Terroristic act, § 5-13-310;
(7) Causing a catastrophe, § 5-38-202(a);
(8) Arson, § 5-38-301;
(9) Terrorism, § 5-54-205;
(10) A felony offense under § 5-54-201;
(11) Unlawful discharge of a firearm from a vehicle, § 5-74-107;
(12) Criminal use of prohibited weapons, § 5-73-104, involving an activity making it a Class B felony; or
(13) A felony attempt, solicitation, or conspiracy to commit an offense listed in this subsection, if the attempt, solicitation, or conspiracy itself is a felony.

(b) A person is subject to an additional term of imprisonment under this section if the person:
(1) Purposely selected the victim of an offense committed by the person because the victim was present on the grounds of or in a church or other place of worship at the time of the offense; and
(2) Committed a serious felony involving violence against the victim.

(c) If an additional term of imprisonment is sought under this section, the information or indictment shall include:
(1) That the additional term of imprisonment under this section is being sought; and
(2) The allegations supporting the imposition of the additional term of imprisonment under this section.

(d) The additional term of imprisonment under this section is for a minimum of one (1) year but no more than ten (10) years in the Division of Correction.
(e) The additional term of imprisonment under this section is consecutive to any other sentence imposed.
(f) A person receiving an additional term of imprisonment under this section is not eligible for early release on parole or community correction transfer for the additional term of imprisonment.

Structure Arkansas Code