Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, or Welfare

§ 5-60-116. Breathing, inhaling, possessing, selling, or drinking certain intoxicating compounds — Alcohol vaporizing devices prohibited - (a) (1) It is unlawful for any person to knowingly:...

§ 5-60-120. Interception and recording - (a) It is unlawful for a person to intercept a...

§ 5-60-121. Sale of hand-held laser pointer to minor - (a) It is unlawful to sell a hand-held laser pointer...

§ 5-60-122. Possession of hand-held laser pointer by minor - (a) It is unlawful for a person under eighteen (18)...

§ 5-60-123. Obstruction or interference with emergency medical personnel or first responder - (a) As used in this section: (1) “Emergency medical services...

§ 5-60-124. Interference with emergency communication in the first degree - (a) A person commits the offense of interference with emergency...

§ 5-60-125. Interference with emergency communication in the second degree - (a) A person commits the offense of interference with emergency...

Subchapter 2 - Intent to Defraud a Drug or Alcohol Screening Test

§ 5-60-201. Unlawful activities - (a) (1) (A) It is unlawful for a person to:...

§ 5-60-202. Construction - Nothing in this subchapter or §§ 20-7-309 and 20-7-310 shall...

Chapter 61 - Abortion

Subchapter 1 - General Provisions

§ 5-61-101. Abortion only by licensed physician - (a) It is unlawful for any person to induce another...

§ 5-61-102. Unlawful abortion - (a) It is unlawful for any person to administer or...

Subchapter 3 - Arkansas Human Life Protection Act. [Effective If Contingency In Acts 2019, No. 180, § 2 Is Met]

§ 5-61-301. Title. [Effective if contingency in Acts 2019, No. 180, § 2 is met] - This subchapter shall be known and may be cited as...

§ 5-61-302. Legislative findings and intent. [Effective if contingency in Acts 2019, No. 180, § 2 is met] - (a) The General Assembly finds that: (1) It is time...

§ 5-61-303. Definitions. [Effective if contingency in Acts 2019, No. 180, § 2 is met] - As used in this subchapter: (1) (A) “Abortion” means the...

§ 5-61-304. Prohibition. [Effective if contingency in Acts 2019, No. 180, § 2 is met] - (a) A person shall not purposely perform or attempt to...

Chapter 62 - Animals

Subchapter 1 - General Provisions

§ 5-62-102. Definitions - As used in this subchapter: (1) “Abandon” means to desert,...

§ 5-62-103. Offense of cruelty to animals - (a) A person commits the offense of cruelty to animals...

§ 5-62-104. Offense of aggravated cruelty to a dog, cat, or equine — Definition - (a) A person commits the offense of aggravated cruelty to...

§ 5-62-105. Exemptions - (a) This subchapter does not prohibit any of the following...

§ 5-62-106. Disposition of animal - (a) (1) Unless otherwise ordered by a court, for purposes...

§ 5-62-107. Immunity for reporting cruelty to animals or aggravated cruelty to a dog, cat, or equine - Except as provided in § 5-54-122, a person who in...

§ 5-62-108. Arrested persons — Animal possession - (a) If a law enforcement officer arrests a person in...

§ 5-62-109. Immunity — Veterinarians - (a) A licensed veterinarian or a person acting at the...

§ 5-62-111. Prevention of cruelty - (a) A person may lawfully interfere to prevent the imminent...

§ 5-62-116. Diseased animals — Sale - (a) Upon conviction, a person who knowingly sells or offers...

§ 5-62-117. Decompression chambers - (a) It is unlawful to use a decompression chamber for...

§ 5-62-120. Unlawful animal fighting - (a) (1) A person commits the offense of unlawful animal...

§ 5-62-121. Transfer of certain chicks, ducklings, or rabbits - (a) It is unlawful for any person, firm, or corporation...

§ 5-62-122. Permitting livestock to run at large - (a) A person commits the offense of permitting livestock to...

§ 5-62-124. Unlawful bear exploitation - (a) A person commits the offense of unlawful bear exploitation...

§ 5-62-125. Unlawful dog attack - (a) A person commits the offense of unlawful dog attack...

§ 5-62-126. Acts of God — Emergency conditions - An owner of an animal or person in control of...

§ 5-62-127. Removal of an animal's transmittal device - (a) A person commits removal of an animal's transmittal device...

Subchapter 2 - Farm Animal and Research Facilities

§ 5-62-201. Findings of the General Assembly - (a) The General Assembly finds that: (1) The caring, rearing,...

§ 5-62-202. Definitions - As used in this subchapter: (1) “Animal” means any warm...

§ 5-62-203. Offenses - (a) (1) A person commits an offense if, without the...

Chapter 63 - Business Misconduct

Subchapter 2 - Offenses Generally

§ 5-63-201. Tickets to certain events — Sale in excess of regular price - (a) (1) It is unlawful for any person, corporation, firm,...

§ 5-63-202. Requiring borrower to pay contribution to substitute one insurance policy for another - (a) No person, firm, or corporation engaged in the business...

§ 5-63-204. Automated telephone solicitation - (a) (1) It is unlawful for any person to use...

§ 5-63-205. Misleading caller identification information — Exemptions — Penalties - (a) It is unlawful for a person, in connection with...

Subchapter 3 - Debt Adjusting

§ 5-63-301. Definitions - As used in this subchapter: (1) “Debt adjuster” means a...

§ 5-63-302. Debt adjusting — Prohibition - (a) A person shall not engage in, or offer to...

§ 5-63-303. Debt adjusting — Injunction against operation — Receivership - (a) In an action brought in the name of the...

§ 5-63-305. Debt adjusting law — Exclusions - The following persons are not considered a debt adjuster for...

Chapter 64 - Controlled Substances

Subchapter 1 - Uniform Controlled Substances Act — Definitions

§ 5-64-101. Definitions - As used in this chapter: (1) “Administer” means the direct...

Subchapter 2 - Uniform Controlled Substances Act — Designation of Controlled Substances

§ 5-64-201. Secretary's duties - (a) (1) (A) (i) The Secretary of the Department of...

§ 5-64-202. Nomenclature - A controlled substance listed or to be listed in a...

§ 5-64-203. Criteria for Schedule I - The Secretary of the Department of Health shall place a...

§ 5-64-204. Substances in Schedule I - (a) In addition to any substance placed in Schedule I...

§ 5-64-205. Criteria for Schedule II - The Secretary of the Department of Health shall place a...

§ 5-64-207. Criteria for Schedule III - The Secretary of the Department of Health shall place a...

§ 5-64-209. Criteria for Schedule IV - The Secretary of the Department of Health shall place a...

§ 5-64-210. Substances in Schedule IV - Schedule IV includes any material, compound, mixture, or preparation that...

§ 5-64-211. Criteria for Schedule V - The Secretary of the Department of Health shall place a...

§ 5-64-212. Substances in Schedule V - (a) An ephedrine combination product, pseudoephedrine, and phenylpropanolamine, as defined...

§ 5-64-213. Schedule VI established - (a) There is established a Schedule VI for the classification...

§ 5-64-214. Criteria for Schedule VI - The Secretary of the Department of Health shall place a...

§ 5-64-215. Substances in Schedule VI - (a) In addition to any substance placed in Schedule VI...

§ 5-64-216. Schedule revisions - The Secretary of the Department of Health shall revise and...

Subchapter 3 - Uniform Controlled Substances Act — Regulation of Distribution

§ 5-64-305. Powers of Arkansas State Board of Pharmacy — Sale of nonnarcotic drugs - (a) (1) Nothing contained in this chapter shall affect the...

§ 5-64-306. Offenses relating to records - It is unlawful for any person to refuse or fail...

§ 5-64-307. Order forms - (a) A controlled substance in Schedule I or Schedule II...

§ 5-64-308. Prescriptions. [Effective until contingent effective date as stated in Acts 2019, No. 447, § 2] - (a) Except when dispensed directly by a practitioner, other than...

§ 5-64-308. Prescriptions — Mandatory electronic prescribing. [Effective on contingent effective date as stated in Acts 2019, No. 447, § 2] - (a) A prescription for a controlled substance included in Schedule...

Subchapter 4 - Uniform Controlled Substances Act — Prohibitions and Penalties

§ 5-64-402. Controlled substances — Offenses relating to records, maintaining premises, etc - (a) It is unlawful for any person: (1) To refuse...

§ 5-64-403. Controlled substances — Fraudulent practices - (a) It is unlawful for a person to knowingly: (1)...

§ 5-64-404. Use of a communication device - (a) (1) As used in this section, “communication device” means...

§ 5-64-405. Continuing criminal enterprise - (a) A person commits the offense of engaging in a...

§ 5-64-406. Delivery to minors — Enhanced penalties - (a) Any person eighteen (18) years of age or older...

§ 5-64-407. Manufacture of methamphetamine in the presence of certain persons — Enhanced penalties - (a) A person who is found guilty of or who...

§ 5-64-408. Subsequent convictions — Enhanced penalties - (a) Unless otherwise provided in this chapter, a person convicted...

§ 5-64-411. Proximity to certain facilities — Enhanced penalties - (a) A person is subject to an enhanced sentence of...

§ 5-64-412. Violations by public officials or law enforcement officers — Enhanced penalties - (a) As used in this section: (1) “Law enforcement officer”...

§ 5-64-414. Controlled substance analog - (a) (1) “Controlled substance analog” means a substance: (A) The...

§ 5-64-415. Drug precursors - (a) Definition. (1) “Drug precursor” means any substance, material, compound,...

§ 5-64-417. Penalties under other laws - Any penalty imposed for a violation of this chapter is...

§ 5-64-418. Foreign conviction - If a violation of this chapter is a violation of...

§ 5-64-419. Possession of a controlled substance - (a) Except as provided by this chapter, it is unlawful...

§ 5-64-420. Possession of methamphetamine or cocaine with the purpose to deliver - (a) Except as provided by this chapter, it is unlawful...

§ 5-64-422. Delivery of methamphetamine or cocaine - (a) Except as provided by this chapter, it is unlawful...

§ 5-64-423. Manufacture of methamphetamine — Manufacture of cocaine - (a) (1) Except as provided by this chapter, it is...

§ 5-64-424. Possession of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine with the purpose to deliver - (a) Except as provided in this chapter, it is unlawful...

§ 5-64-426. Delivery of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine - (a) This section does not apply to the delivery of...

§ 5-64-427. Manufacture of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine - (a) This section does not apply to the manufacture of...

§ 5-64-428. Possession of a Schedule III controlled substance with the purpose to deliver - (a) Except as provided by this chapter, it is unlawful...

§ 5-64-430. Delivery of a Schedule III controlled substance - (a) Except as provided by this chapter, it is unlawful...

§ 5-64-431. Manufacture of a Schedule III controlled substance - (a) Except as provided by this chapter, it is unlawful...

§ 5-64-432. Possession of a Schedule IV or Schedule V controlled substance with the purpose to deliver - (a) Except as provided by this chapter, it is unlawful...

§ 5-64-434. Delivery of a Schedule IV or Schedule V controlled substance - (a) Except as provided by this chapter, it is unlawful...

§ 5-64-435. Manufacture of a Schedule IV or Schedule V controlled substance - (a) Except as provided by this chapter, it is unlawful...

§ 5-64-436. Possession of a Schedule VI controlled substance with the purpose to deliver - (a) Except as provided by this chapter, it is unlawful...

§ 5-64-438. Delivery of a Schedule VI controlled substance - (a) Except as provided by this chapter, it is unlawful...

§ 5-64-439. Manufacture of a Schedule VI controlled substance - (a) Except as provided by this chapter, it is unlawful...

§ 5-64-440. Trafficking a controlled substance - (a) Except as provided by this chapter, it is unlawful...

§ 5-64-441. Possession of a counterfeit substance - (a) It is unlawful for any person to possess a...

§ 5-64-442. Possession with the purpose to deliver, delivery, or manufacture of a counterfeit substance - (a) Except as authorized by this chapter, it is unlawful...

§ 5-64-443. Drug paraphernalia - (a) A person who possesses drug paraphernalia with the purpose...

§ 5-64-444. Drug paraphernalia — Delivery to a minor - (a) A person eighteen (18) years of age or older...

§ 5-64-445. Advertisement of a counterfeit substance or drug paraphernalia - A person who places in any newspaper, magazine, handbill, or...

§ 5-64-446. Civil or criminal liability - (a) Civil or criminal liability shall not be imposed by...

Subchapter 5 - Uniform Controlled Substances Act — Enforcement and Administration

§ 5-64-501. Powers of officials generally - Any law enforcement officer, any person authorized to enforce this...

§ 5-64-502. Issuance and execution of administrative inspection warrants - (a) Issuance and execution of an administrative inspection warrant shall...

§ 5-64-503. Injunctions or restraining orders - (a) A trial court of this state may exercise jurisdiction...

§ 5-64-504. Intergovernmental cooperation — Identities of patients and research subjects - (a) (1) The Secretary of the Department of Health shall...

§ 5-64-505. Property subject to forfeiture — Procedure — Disposition of property - (a) Items Subject to Forfeiture. The following are subject to...

§ 5-64-506. Burden of proof — Liability of officers - (a) (1) It is not necessary for the state to...

§ 5-64-507. Conclusiveness of findings - (a) Any final determination, finding, or conclusion of the Secretary...

§ 5-64-508. Prevention and deterrence — Educational and research programs - (a) The Division of Aging, Adult, and Behavioral Health Services...

§ 5-64-510. Methamphetamine-contaminated motor vehicles - (a) As used in this section, “methamphetamine-contaminated motor vehicle” means...

Subchapter 7 - Provisions Relating to the Uniform Controlled Substances Act

§ 5-64-702. Promulgation of rules - (a) The Department of Health may promulgate rules necessary for...

§ 5-64-703. Authority to make inspections - In carrying out the functions under this chapter, the Secretary...

§ 5-64-704. Consent to inspection - An administrative inspection warrant is not required if informed consent...

§ 5-64-705. Authority to investigate and arrest in contiguous county - Upon receiving permission from the proper county sheriff, any law...

§ 5-64-706. Grant of immunity - (a) (1) With the approval of the circuit judge, the...

§ 5-64-707. Admissibility of drug analysis — Cross-examination - (a) In any criminal prosecution for an alleged violation of...

§ 5-64-708. Local funding for undercover work - Any municipality or county may allocate and expend funds for:...

§ 5-64-710. Denial of driving privileges for minor — Restricted permit - (a) (1) As used in this section “drug offense” means...

Subchapter 8 - Sale of Drug Devices

§ 5-64-801. Definition - (a) As used in this subchapter, “drug device” means an...

§ 5-64-802. Illegal drug paraphernalia business - (a) Any person who conducts, finances, manages, supervises, directs, or...

§ 5-64-803. Public nuisance to be abated or closed - (a) A place where a drug device is manufactured, sold,...

§ 5-64-804. Injunction - (a) The prosecuting attorney or a citizen of the county...

§ 5-64-805. Search warrant - (a) If there is complaint on oath or affirmation supported...

§ 5-64-806. Seizure and forfeiture - Any property, including money, used in violation of a provision...

Subchapter 10 - Records of Transactions

§ 5-64-1001. Recordkeeping required - Any manufacturer, wholesaler, retailer, or other person that sells, transfers,...

§ 5-64-1002. Identification of purchaser - (a) Any manufacturer, wholesaler, retailer, or other person required to...

§ 5-64-1003. Inspection of records - A record maintained pursuant to this subchapter is subject to...

§ 5-64-1004. Failure to maintain records — Penalty - Failure to maintain accurate records with proper identification from the...

§ 5-64-1005. Exemptions - The provisions of § 5-64-1001 do not apply to any...

§ 5-64-1006. Suspicious transaction reports - (a) Any pharmacy, manufacturer, wholesaler, or retail distributor that is...

Subchapter 11 - Ephedrine and Other Nonprescription Drugs

§ 5-64-1101. Possession — Penalty - (a) It is unlawful for any person to possess more...

§ 5-64-1102. Possession with purpose to manufacture — Unlawful distribution - (a) (1) It is unlawful for a person to possess...

§ 5-64-1103. Sales limits - (a) It is unlawful for any person, other than a...

§ 5-64-1104. Sales records — Entering transactions into real-time electronic logbook — Purchaser's proof of identity - (a) A pharmacy shall: (1) Maintain a written or electronic...

§ 5-64-1105. Definitions - As used in this subchapter: (1) “Ephedrine”, “pseudoephedrine”, and “phenylpropanolamine”...

§ 5-64-1106. Real-time electronic logbook - (a) (1) Subject to available funding, on or before May...

§ 5-64-1107. Confidentiality of information - (a) Information entered into the real-time electronic logbook is confidential...

§ 5-64-1108. Authorized access to the real-time electronic logbook - The Arkansas Crime Information Center shall provide access to the...

§ 5-64-1109. Promulgation of rules - The Arkansas Crime Information Center, after consulting with the Arkansas...

§ 5-64-1110. Destruction of records - The Arkansas Crime Information Center shall destroy any transaction record...

§ 5-64-1111. Liability of pharmacy or pharmacist - (a) A pharmacy in this state is not liable civilly...

§ 5-64-1112. Penalty for unauthorized disclosure and unauthorized access - (a) A person commits an offense if he or she...

§ 5-64-1113. Pharmacist-authorized drugs - (a) The Arkansas State Board of Pharmacy may adopt rules...

Subchapter 12 - Nitrous Oxide

§ 5-64-1201. Possession - (a) It is unlawful for any person to possess a...

§ 5-64-1202. Distribution - (a) It is unlawful for any person, firm, corporation, limited...

§ 5-64-1203. Exemptions - (a) A prohibitive provision in this subchapter does not apply...

Subchapter 13 - Anhydrous Ammonia

§ 5-64-1301. Possession of anhydrous ammonia in unlawful container - Any person who knowingly possesses anhydrous ammonia in a container...

§ 5-64-1302. Agricultural use as affirmative defense - It is an affirmative defense to prosecution under this subchapter...

§ 5-64-1303. Applicability of subchapter - The provisions of this subchapter do not apply to a...

Chapter 65 - Driving or Boating While Intoxicated

Subchapter 1 - General Provisions

§ 5-65-101. Title - This chapter shall be known as the “Omnibus DWI or...

§ 5-65-102. Definitions - As used in this chapter: (1) (A) “Controlled substance” means...

§ 5-65-103. Driving or boating while intoxicated - (a) (1) It is unlawful and punishable as provided in...

§ 5-65-104. Seizure, suspension, and revocation of license — Temporary permits — Ignition interlock restricted license - (a) (1) At the time of arrest for operating or...

§ 5-65-105. Operation of motor vehicle during period of license suspension or revocation - A person whose driving privilege has been suspended or revoked...

§ 5-65-106. Impoundment of license plate - (a) When a law enforcement officer arrests a person for...

§ 5-65-107. Persons arrested to be tried on charges — No charges reduced — Filing citations - (a) A person arrested for violating § 5-65-103 shall be...

§ 5-65-108. No probation prior to adjudication of guilt - (a) A circuit court judge or district court judge may...

§ 5-65-109. Presentencing report - (a) The court shall immediately request and the Division of...

§ 5-65-110. Record of violations and court actions — Abstract - (a) A court shall: (1) Keep or cause to be...

§ 5-65-111. Sentencing — Periods of incarceration — Exception - (a) (1) A person who pleads guilty or nolo contendere...

§ 5-65-112. Fines - A person who pleads guilty or nolo contendere to or...

§ 5-65-114. Inability to pay — Alternative public service work - If a court finds that a person against whom fines,...

§ 5-65-115. Alcohol treatment or education program — Fee - (a) (1) A person whose driving privileges are suspended or...

§ 5-65-117. Seizure and sale of a motor vehicle or motorboat - (a) (1) (A) A person who pleads guilty or nolo...

§ 5-65-118. Additional penalties — Ignition interlock devices - (a) (1) (A) (i) Except as provided under subsection (g)...

§ 5-65-119. Distribution of fee - (a) (1) The Office of Driver Services shall charge a...

§ 5-65-120. Restricted driving permit - (a) The Office of Driver Services may modify the administrative...

§ 5-65-121. Victim impact panel attendance — Fee - (a) (1) A person whose driving privileges are suspended or...

§ 5-65-123. Offenses involving a motor vehicle equipped with an ignition interlock device - (a) A person commits the offense of unlawfully allowing another...

Subchapter 2 - Chemical Analysis of Body Substances

§ 5-65-201. Rules - The Department of Health may promulgate rules reasonably necessary to...

§ 5-65-202. Implied consent - (a) A person who operates a motorboat on the waters...

§ 5-65-203. Administration of a chemical test - (a) One (1) or more chemical tests authorized in §...

§ 5-65-204. Validity — Approved methods - (a) (1) As used in this chapter, § 5-10-105, §...

§ 5-65-205. Refusal to submit to a chemical test - (a) (1) If a person under arrest refuses upon the...

§ 5-65-206. Evidence in prosecution — Presumptions - (a) (1) It is presumed at the trial of a...

§ 5-65-207. Alcohol testing devices - (a) (1) An instrument used to determine the alcohol content...

§ 5-65-208. Motor vehicle and motorboat accidents — Testing required - (a) When the driver of a motor vehicle or operator...

Subchapter 3 - Underage Driving or Boating Under the Influence Law

§ 5-65-301. Title - This subchapter may be known and cited as the “Underage...

§ 5-65-303. Driving or boating under the influence while underage - (a) A person commits the offense of driving or boating...

§ 5-65-304. Seizure, suspension, and revocation of license — Temporary permits - (a) At the time of arrest for violating § 5-65-303,...

§ 5-65-305. Fines - (a) A person who pleads guilty or nolo contendere to...

§ 5-65-306. Public service work - (a) A person who pleads guilty or nolo contendere to...

§ 5-65-307. Alcohol and driving education or alcoholism treatment program - (a) (1) (A) A person who has his or her...

§ 5-65-308. No probation prior to adjudication of guilt — Records - (a) A circuit court judge or district court judge may...

§ 5-65-309. Implied consent - (a) An underage person who operates a motorboat on the...

§ 5-65-310. Refusal to submit to a chemical test - (a) (1) If an underage person under arrest refuses upon...

§ 5-65-311. Relationship to other laws - (a) A penalty under this subchapter for violating § 5-65-303...

Subchapter 4 - Administrative Driver's License Suspension

§ 5-65-401. Definitions - As used in this subchapter: (1) “Disqualification” means a prohibition...

§ 5-65-402. Surrender of license or permit to arresting officer - (a) (1) (A) At the time of arrest for violating...

§ 5-65-403. Notice and receipt from arresting officer - (a) At the time of arrest for violating § 5-65-103,...

Chapter 66 - Gambling

§ 5-66-101. Construction of statutes - (a) In their construction of the statutes prohibiting gaming, the...

§ 5-66-103. Keeping a gambling house - (a) A person commits the offense of keeping a gambling...

§ 5-66-104. Gaming devices — Prohibition - (a) It is unlawful for a person to set up,...

§ 5-66-105. Gaming devices — Financial interest - (a) It is unlawful for any person in any way,...

§ 5-66-106. Gaming devices — Betting - (a) It is unlawful for any person to bet any...

§ 5-66-107. Gaming devices — In buildings or on vessels - (a) It is unlawful for any owner or occupant of...

§ 5-66-110. Keno, etc - (a) If a person sets up or exhibits, causes to...

§ 5-66-111. Pinball machines, etc - (a) (1) Any coin-operated pinball machine or other device that...

§ 5-66-112. Card games — Betting - If a person bets any money or any valuable thing...

§ 5-66-113. Games of hazard or skill — Betting - (a) If a person bets any money or any valuable...

§ 5-66-114. Sports or games — Transmission of information - (a) (1) It is unlawful for any person, partnership, or...

§ 5-66-115. Sports or games — Bribery of participants - (a) As used in this section: (1) “Participant” means any:...

§ 5-66-116. Horseracing — Betting - (a) It is unlawful to directly or indirectly bet in...

§ 5-66-117. Horseracing — Agency service wagering - (a) (1) It is unlawful for any person, either for...

§ 5-66-118. Lottery, etc. — Tickets - (a) Except as authorized under the Charitable Bingo and Raffles...

§ 5-66-119. Lottery — Promotion through sales - (a) (1) Any person who in this state, directly or...

§ 5-66-120. Application to Arkansas Scholarship Lottery Act - This chapter does not apply to a lottery under the...

Chapter 67 - Highways and Bridges

§ 5-67-101. Advertising signs generally - (a) It is unlawful for any person, firm, or corporation...

§ 5-67-102. False or misleading signs - (a) It is unlawful for any person, firm, or corporation...

§ 5-67-103. Attaching signs to utility poles or living plants - (a) (1) It is unlawful for any person, firm, corporation,...

§ 5-67-104. Violation of posted bridge prohibitions - (a) It is unlawful for any person owning or operating...

§ 5-67-105. Wreckage near memorial highway - (a) If any person or corporation stores wrecked, worn out,...

§ 5-67-106. Use of spotlight - (a) It is unlawful to use a spotlight from any...

§ 5-67-107. Solicitation on or near a highway - (a) It is unlawful for any person to solicit a...

Chapter 68 - Obscenity

Subchapter 2 - Offenses Generally

§ 5-68-201. Exhibition of obscene figures - (a) Any person publicly exhibiting any obscene figure is guilty...

§ 5-68-202. Sale or possession of literature rejected by U.S. mail - (a) It is unlawful for any person, firm, or corporation...

§ 5-68-203. Obscene films - (a) It is unlawful for any person to knowingly exhibit,...

§ 5-68-204. Nudism - (a) As used in this section, “nudism” means the act...

§ 5-68-205. Public display of obscenity - (a) (1) As used in this subsection: (A) “Obscene” means...

Subchapter 3 - State Standards Defining and Regulating Obscenity

§ 5-68-301. Legislative declaration - (a) The General Assembly finds and declares that: (1) The...

§ 5-68-302. Definitions - As used in this subchapter: (1) “Advertising purposes” means a...

§ 5-68-303. Promoting obscene materials - (a) Except as otherwise provided in § 5-68-308, a person...

§ 5-68-304. Promoting obscene performance - (a) A person commits promoting an obscene performance if he...

§ 5-68-305. Obscene performance at a live public show - (a) A person commits an obscene performance at a live...

§ 5-68-306. Publicly displaying obscene material for advertising purposes - (a) Except as otherwise provided in § 5-68-308, a person...

§ 5-68-307. Public display of hard-core sexual conduct - (a) A person commits a public display of hard-core sexual...

§ 5-68-308. Defenses - (a) No employee is liable to prosecution under this subchapter...

Subchapter 4 - Arkansas Law on Obscenity

§ 5-68-401. Title - This subchapter shall be known as the “Arkansas Law on...

§ 5-68-402. Purpose and intent - (a) The General Assembly determines that during the past several...

§ 5-68-403. Definitions - As used in this subchapter: (1) “Mailable matter” means: (A)...

§ 5-68-404. Mailable matter subject to provisions of subchapter - Any mailable matter that is sent or caused to be...

§ 5-68-405. Possession, sale, or distribution - (a) Any person that, with knowledge of its contents, sends...

§ 5-68-406. Action to determine obscenity - The prosecuting attorney for the county where obscene mailable matter...

§ 5-68-407. Complaint - (a) The action authorized in § 5-68-406 is commenced by...

§ 5-68-408. Order to show cause - (a) Upon the filing of the complaint described in §...

§ 5-68-409. Answer — Trial date - (a) On or before the return date specified in the...

§ 5-68-410. Trial procedure - (a) The public interest requires that any action prescribed in...

§ 5-68-411. Judgment — Enforcement - If the circuit court finds the mailable matter to be...

§ 5-68-412. Injunctions - (a) Any order granting an injunction shall: (1) Set forth...

§ 5-68-413. Contempt - Any respondent or any officer, agent, servant, employee, or attorney...

§ 5-68-414. Extradition - In any case in which a circuit court has entered...

§ 5-68-415. Possession of things enumerated in § 5-68-405 creates a presumption - (a) (1) The possession of any three (3) of the...

§ 5-68-416. Nonresidents subject to jurisdiction - In order to protect the morals and general welfare of...

Subchapter 5 - Selling or Loaning Pornography to Minors

§ 5-68-501. Definitions - As used in this subchapter: (1) “CD-ROM” means a compact...

§ 5-68-502. Selling, loaning, or displaying pornography to minors - (a) It is unlawful for any person, including without limitation...

Chapter 69 - Oil and Gas

§ 5-69-101. Extension of gas pipe without permission - (a) It is declared to be unlawful for any person...

§ 5-69-102. Carbon black - (a) The use of natural gas within the State of...

§ 5-69-103. Pipelines and pipeline facilities - (a) A person upon conviction is guilty of a Class...

Chapter 70 - Prostitution

§ 5-70-101. Definitions - As used in this chapter: (1) “Advances prostitution” means a...

§ 5-70-102. Prostitution - (a) A person commits prostitution if in return for or...

§ 5-70-103. Sexual solicitation - (a) A person commits the offense of sexual solicitation if...

§ 5-70-104. Promoting prostitution in the first degree - (a) A person commits the offense of promoting prostitution in...

§ 5-70-105. Promoting prostitution in the second degree - (a) A person commits the offense of promoting prostitution in...

§ 5-70-106. Promoting prostitution in the third degree - (a) A person commits the offense of promoting prostitution in...

Chapter 71 - Riots, Disorderly Conduct, Etc.

Subchapter 1 - General Provisions

§ 5-71-101. Definitions - As used in this chapter: (1) “Alcoholic beverage” means: (A)...

Subchapter 2 - Offenses Generally

§ 5-71-201. Riot - (a) A person commits the offense of riot if, with...

§ 5-71-202. Aggravated riot - (a) A person commits the offense of aggravated riot if...

§ 5-71-203. Inciting riot - (a) A person commits the offense of inciting riot if...

§ 5-71-204. Arming rioters - (a) A person commits the offense of arming rioters if...

§ 5-71-205. Unlawful assembly - (a) A person commits the offense of unlawful assembly if...

§ 5-71-206. Failure to disperse - (a) A person commits the offense of failure to disperse...

§ 5-71-207. Disorderly conduct - (a) A person commits the offense of disorderly conduct if,...

§ 5-71-208. Harassment - (a) A person commits the offense of harassment if, with...

§ 5-71-209. Harassing communications - (a) As used in this section, “electronic device” includes a...

§ 5-71-210. Communicating a false alarm - (a) A person commits the offense of communicating a false...

§ 5-71-211. Threatening a fire or bombing - (a) A person commits the offense of threatening a fire...

§ 5-71-212. Public intoxication — Drinking in public - (a) A person commits the offense of public intoxication if...

§ 5-71-213. Loitering - (a) A person commits the offense of loitering if he...

§ 5-71-214. Obstructing a highway or other public passage - (a) A person commits the offense of obstructing a highway...

§ 5-71-215. Defacing objects of public respect - (a) A person commits the offense of defacing objects of...

§ 5-71-217. Cyberbullying - (a) As used in this section: (1) “Communication” means the...

§ 5-71-218. Possession of open container containing alcohol in a motor vehicle - (a) It is unlawful for a person to possess an...

§ 5-71-226. Disruption of campus activities - (a) (1) It is unlawful for any group composed of...

§ 5-71-228. Obstruction of shooting, hunting, fishing, or trapping activities - (a) (1) It is unlawful for any person to willfully...

§ 5-71-229. Stalking - (a) (1) A person commits stalking in the first degree...

§ 5-71-230. Violation of the protection of peace for mourning at a funeral - (a) As used in this section: (1) (A) “Funeral” means...

Subchapter 3 - Promoting Civil Disorder

§ 5-71-301. Definitions - As used in this subchapter: (1) “Civil disorder” means any...

§ 5-71-302. Promoting civil disorder in the first degree - (1) Any person who teaches or demonstrates to any other...

§ 5-71-303. Unaffected lawful uses of weapons - Nothing in this subchapter shall be construed to prohibit the...

Chapter 72 - Water and Watercourses

§ 5-72-102. Removal of trees growing on navigable rivers or streams - (a) (1) It is unlawful to remove any tree growing...

§ 5-72-103. Cutting timber on swamp and overflowed lands - (a) Any person who cuts, destroys, or removes any timber...

§ 5-72-104. Leaving timber in navigable stream, drainage ditch, or stream bed - (a) It is unlawful for any person, partnership, company, or...

§ 5-72-105. Obstruction of drains by timber or material — Floating logs or boom - (a) (1) It is unlawful for any person or corporation...

§ 5-72-106. Obstructing natural drains - (a) It is unlawful for any person to obstruct in...

§ 5-72-107. Keeping dams sufficiently open - (a) Any person owning, operating, or controlling any dam or...

§ 5-72-108. Injuring or destroying bridges, dams, levees, or embankments - Any person who willfully and maliciously cuts down, breaks, injures,...

§ 5-72-109. Injuring levees - (a) Should any person cut, break, or in any way...

§ 5-72-110. Driving on levees — Destruction of barricades - (a) If any public levee or any private levee is...

Chapter 73 - Weapons

Subchapter 1 - Possession and Use Generally

§ 5-73-101. Definitions - As used in this chapter: (1) “Blasting agent” means any...

§ 5-73-102. Possessing instrument of crime - (a) A person commits the offense of possessing an instrument...

§ 5-73-103. Possession of firearms by certain persons - (a) Except as provided in subsection (d) of this section...

§ 5-73-104. Criminal use of prohibited weapons - (a) A person commits the offense of criminal use of...

§ 5-73-105. Legitimate manufacture, repair, and transportation of prohibited weapons - Section 5-73-104 shall not be construed to prohibit the manufacture,...

§ 5-73-106. Defacing a firearm - (a) A person commits the offense of defacing a firearm...

§ 5-73-107. Possession of a defaced firearm - (a) A person commits the offense of possession of a...

§ 5-73-108. Criminal acts involving explosives - (a) (1) A person commits the offense of criminal possession...

§ 5-73-109. Furnishing a deadly weapon to a minor - (a) A person commits the offense of furnishing a deadly...

§ 5-73-110. Disarming minors and mentally defective or mentally irresponsible persons — Disposition of property seized - (a) Subject to constitutional limitation, nothing in this section and...

§ 5-73-111. Unlawful procurement of a firearm - (a) As used in this section: (1) “Ammunition” means any...

§ 5-73-112. Certification by a chief law enforcement officer regarding receipt or manufacture of a firearm - (a) As used in this section: (1) “Certification” means the...

§ 5-73-119. Handguns — Possession by minor or possession on school property - (a) (1) No person in this state under eighteen (18)...

§ 5-73-120. Carrying a weapon - (a) A person commits the offense of carrying a weapon...

§ 5-73-122. Carrying a firearm in publicly owned buildings or facilities - (a) (1) Except as provided in § 5-73-322, § 5-73-306(5),...

§ 5-73-124. Tear gas — Pepper spray - (a) (1) Except as otherwise provided in this section, any...

§ 5-73-125. Interstate sale and purchase of shotguns, rifles, and ammunition - (a) The sale of shotguns and rifles and ammunition in...

§ 5-73-126. Booby traps - (a) It is unlawful for any person to install or...

§ 5-73-127. Possession of loaded center-fire weapons in certain areas - (a) It is unlawful to possess a loaded center-fire weapon,...

§ 5-73-128. Offenses upon property of public schools - (a) (1) The court shall prepare and transmit to the...

§ 5-73-129. Furnishing a handgun or a prohibited weapon to a felon - (a) A person commits the offense of furnishing a handgun...

§ 5-73-130. Seizure and forfeiture of firearm — Seizure and forfeiture of motor vehicle — Disposition of property seized - (a) If a person under eighteen (18) years of age...

§ 5-73-131. Possession or use of weapons by incarcerated persons - (a) A person commits the offense of possession or use...

§ 5-73-132. Sale, rental, or transfer of firearm to person prohibited from possessing firearms - (a) A person shall not sell, rent, or transfer a...

§ 5-73-133. Possession of a taser stun gun - (a) As used in this section, “taser stun gun” means...

Subchapter 2 - Uniform Machine Gun Act

§ 5-73-201. Title - This subchapter may be cited as the “Uniform Machine Gun...

§ 5-73-202. Definitions - As used in this subchapter: (1) “Crime of violence” means...

§ 5-73-203. Uniformity of interpretation - This subchapter shall be so interpreted and construed as to...

§ 5-73-204. Possession or use for offensive or aggressive purposes unlawful - Possession or use of a machine gun for offensive or...

§ 5-73-205. Presumption of offensive or aggressive purpose - (a) Possession or use of a machine gun is presumed...

§ 5-73-206. Evidence of possession or use - The presence of a machine gun in any room, boat,...

§ 5-73-207. Manufacture for military, nonaggressive, or nonoffensive use - Nothing contained in this subchapter prohibits or interferes with: (1)...

§ 5-73-208. Registration by manufacturers - (a) Every manufacturer shall keep a register of all machine...

§ 5-73-211. Perpetrating or attempting crime - Possession or use of a machine gun in the course...

Subchapter 3 - Concealed Handguns

§ 5-73-301. Definitions - As used in this subchapter: (1) “Acceptable electronic format” means...

§ 5-73-302. Authority to issue license - (a) The Director of the Division of Arkansas State Police...

§ 5-73-303. Immunity from civil damages - The state, a county or city, or any employee of...

§ 5-73-304. Exemptions - (a) (1) (A) A current or former certified law enforcement...

§ 5-73-305. Criminal penalty - Any person who knowingly submits a false answer to any...

§ 5-73-306. Prohibited places - Except as permitted under § 5-73-322(g), a license to carry...

§ 5-73-307. List of license holders - (a) The Department of Arkansas State Police shall maintain an...

§ 5-73-308. License — Issuance or denial - (a) (1) (A) The Director of the Division of Arkansas...

§ 5-73-309. License — Requirements - The Director of the Division of Arkansas State Police shall...

§ 5-73-310. Application form - The application for a license to carry a concealed handgun...

§ 5-73-311. Application procedure - (a) The applicant for a license to carry a concealed...

§ 5-73-312. Revocation - (a) (1) A license to carry a concealed handgun issued...

§ 5-73-313. Expiration and renewal - (a) Except as provided in subdivision (f)(1) of this section,...

§ 5-73-314. Lost, destroyed, or duplicate license — Change of address - (a) Within thirty (30) days after the changing of a...

§ 5-73-315. Authority to carry concealed handgun — Identification of licensee - (a) Any licensee possessing a valid license issued pursuant to...

§ 5-73-316. Fees - Any fee collected by the Department of Arkansas State Police...

§ 5-73-317. Rules - The Director of the Division of Arkansas State Police may...

§ 5-73-318. Instructor review of applications - (a) An instructor authorized to conduct a training course required...

§ 5-73-319. Transfer of a license to Arkansas - (a) Any person who becomes a resident of Arkansas who...

§ 5-73-320. License for certain members of the Arkansas National Guard or a reserve component or active duty military personnel - (a) The Division of Arkansas State Police may issue a...

§ 5-73-321. Recognition of other states' licenses - A person in possession of a valid license to carry...

§ 5-73-322. Concealed handguns in a university, college, or community college building - (a) (1) As used in this section, “public university, public...

§ 5-73-323. Parole board exemptions - A member of the Parole Board, a board investigator, or...

§ 5-73-324. Firearm rights shall not be infringed - (a) A license to carry a concealed handgun issued under...

§ 5-73-325. Firearm-sensitive areas — Security plan approval - (a) (1) The following entities may submit a security plan...

§ 5-73-326. Licensee rights — Private employer parking lot - (a) A private employer shall not prohibit an employee who...

§ 5-73-327. Discharged veterans - (a) As used in this section: (1) “Mental health institution...

Chapter 74 - Gangs

Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act

§ 5-74-101. Title - This subchapter shall be known and may be cited as...

§ 5-74-102. General legislative findings, declarations, and intent - (a) (1) The General Assembly finds and declares that it...

§ 5-74-103. Definitions - As used in this subchapter: (1) “Crime of pecuniary gain”...

§ 5-74-104. Engaging in a continuing criminal gang, organization, or enterprise - (a) (1) A person commits the offense of engaging in...

§ 5-74-105. Unauthorized use of another person's property to facilitate certain crimes - (a) (1) A person commits the offense of unauthorized use...

§ 5-74-106. Simultaneous possession of drugs and firearms - (a) A person shall not unlawfully commit a felony violation...

§ 5-74-107. Unlawful discharge of a firearm from a vehicle - (a) (1) A person commits unlawful discharge of a firearm...

§ 5-74-108. Engaging in violent criminal group activity - (a) Any person who violates any provision of Arkansas law...

§ 5-74-109. Premises and real property used by criminal gangs, organizations, or enterprises, or used by anyone in committing a continuing series of violations — Civil remedies - (a) Intent. The intent of the General Assembly in this...

Subchapter 2 - Recruiting Gang Members

§ 5-74-201. Legislative findings - (a) (1) The General Assembly finds and declares that it...

§ 5-74-202. Definitions - As used in this subchapter: (1) “Crime of pecuniary gain”...

§ 5-74-203. Soliciting or recruiting a minor to join or to remain a member of a criminal gang, organization, or enterprise - (a) Any person who by intimidation or duress causes, aids,...

Chapter 75 - Operation of Aircraft While Intoxicated

§ 5-75-101. Definitions - As used in this chapter: (1) “Aircraft” means any contrivance...

§ 5-75-102. Unlawful acts - (a) (1) It is unlawful and punishable as provided in...

§ 5-75-103. Implied consent - (a) Any person who operates or navigates any aircraft or...

§ 5-75-104. Administration - (a) A chemical test shall be administered at the direction...

§ 5-75-105. Validity — Approved methods - (a) (1) “Alcohol concentration” means either: (A) Grams of alcohol...

§ 5-75-106. Criminal prosecution — Evidence - (a) In any criminal prosecution of a person charged with...

§ 5-75-107. Blood alcohol testing devices - (a) (1) Any instrument used to determine the alcohol content...

Chapter 77 - Official Insignia

Subchapter 2 - Emergency Lights and Law Enforcement Insignia Sales

§ 5-77-201. Unlawful possession, purchase, sale, or transfer of a blue light or blue lens cap - (a) It is unlawful for a person to: (1) Knowingly...

§ 5-77-202. Law enforcement insignia sales - (a) (1) It is unlawful to sell official law enforcement...

§ 5-77-203. Rules - The Division of Arkansas State Police shall promulgate rules to...

§ 5-77-204. Emergency lights and sirens — Prohibited persons - (a) It is unlawful for a person who has pleaded...

§ 5-77-205. Resale of law enforcement vehicles - (a) Except as provided in subsection (b) of this section,...

Chapter 78 - Tobacco

§ 5-78-102. Possession of cigarette or tobacco product, vapor product, alternative nicotine product, or e-liquid product by minor — Confiscation — Additional punishment - (a) (1) As used in this section, “minor” means a...

Chapter 79 - Body Armor

§ 5-79-101. Criminal possession of body armor - (a) A person commits criminal possession of body armor if...

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Arkansas Code Title 5 - Criminal Offenses Subtitle 6 - Offenses Against Public Health, Safety, or Welfare

Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, or Welfare