(a) As used in this section, “pending charge” means a charge that results from an arrest or issuance of a citation or criminal summons, or after the filing of a criminal information or indictment and that has not been resolved by acquittal, conviction, dismissal, or nolle prosequi.
(b) A person commits the offense of failure to appear if he or she fails to appear without reasonable excuse subsequent to having been:
(1) Cited or summonsed as an accused; or
(2) Lawfully set at liberty upon condition that he or she appear at a specified time, place, and court.
(c) Failure to appear is a:
(1) Class C felony if the required appearance was in regard to a pending charge or disposition of a felony charge either before or after a determination of guilt of the felony charge;
(2) Class D felony if the required appearance was in regard to an order to appear issued before a revocation hearing under § 16-93-307 and the defendant was placed on probation or received a suspended sentence for a felony offense;
(3) Class A misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class A misdemeanor charge either before or after a determination of guilt of the Class A misdemeanor charge;
(4) Class B misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class B misdemeanor charge either before or after a determination of guilt of the Class B misdemeanor charge;
(5) Class B misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class C misdemeanor charge either before or after a determination of guilt of the Class C misdemeanor charge;
(6) Unclassified misdemeanor with the same penalty as the unclassified misdemeanor in the pending charge or disposition if the required appearance was in regard to a pending charge or disposition of an unclassified misdemeanor either before or after a determination of guilt on the unclassified misdemeanor charge; and
(7) Class C misdemeanor if the required appearance was in regard to a pending charge or disposition of a violation either before or after a determination of guilt of the violation charge.
(d) This section does not apply to an order to appear imposed as a condition of suspension or probation under § 5-4-303.
Structure Arkansas Code
Subtitle 5 - Offenses Against the Administration of Government
Chapter 54 - Obstructing Governmental Operations
Subchapter 1 - General Provisions
§ 5-54-102. Obstructing governmental operations
§ 5-54-103. Resisting arrest — Refusal to submit to arrest
§ 5-54-104. Interference with a law enforcement or code enforcement officer
§ 5-54-105. Hindering apprehension or prosecution
§ 5-54-106. Aiding consummation of offense
§ 5-54-108. Hindering prosecution and compounding — No defense
§ 5-54-109. Refusing to assist law enforcement officer
§ 5-54-110. First degree escape
§ 5-54-111. Second degree escape
§ 5-54-112. Third degree escape
§ 5-54-113. Permitting escape in the first degree
§ 5-54-115. Permitting escape or unauthorized departure in the second degree
§ 5-54-116. Aiding an unauthorized departure
§ 5-54-117. Assisting in or furnishing an implement for escape
§ 5-54-118. Furnishing implement for unauthorized departure
§ 5-54-119. Furnishing, possessing, or using prohibited articles — Delivering a prohibited article
§ 5-54-121. Tampering with a public record
§ 5-54-122. Filing false report with law enforcement agency
§ 5-54-126. Killing or injuring animals used by law enforcement or search and rescue dogs
§ 5-54-129. Search of persons and vehicles entering institutions
§ 5-54-130. Radio voice privacy adapters
§ 5-54-132. Projecting a laser light on a law enforcement officer