Title 46 — Criminal Justice
42 chapters · 423 sections in this title.
A.S.C.A. § 46.4001 Definitions
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As used in this chapter: (a) Enter unlawfully or remain unlawfully: a person “enters unlawfully” or “remains unlawfully” in or upon premises when he is not licensed or privileged to do so. A person who, regardless of his purpose, enters or remains in or upon premises which are at…
A.S.C.A. § 46.4002 Robbery in the first degree
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(a) A person commits the crime of robbery in the first degree when he forcibly steals property and in the course of it he, or another participant in the crime: (1) causes serious physical injury to any person; (2) is armed with a deadly weapon; (3) uses or threatens the immediate…
A.S.C.A. § 46.4003 Robbery in the second degree
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(a) A person commits the crime of robbery in the second degree when he forcibly steals property. (b) Robbery in the second degree is a class B felony. History: 1979, PL 16-43 § 2.
A.S.C.A. § 46.4010 Arson in the first degree
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(a) A person commits the crime of arson in the first degree when he knowingly damages a building or inhabitable structure, and when any person is then present or in near proximity to it, by starting a fire or causing an explosion and thereby recklessly places the person in danger…
A.S.C.A. § 46.4011 Arson in the second degree
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(a) A person commits the crime of arson in the second degree when he knowingly damages a building or inhabitable structure by starting a fire or causing an explosion. (b) A person does not commit a crime under this section if: (1) no person other than himself has a possessory, pr…
A.S.C.A. § 46.4012 Arson in the third degree
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(a) A person commits the crime of arson in the third degree when he damages property of another by starting a fire or causing an explosion. (b) Arson in the third degree is: (1) a class D felony if the defendant acted knowingly; (2) a class A misdemeanor if the defendant acted re…
A.S.C.A. § 46.4020 Tampering in the first degree
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(a) A person commits the crime of tampering in the first degree if, for the purpose of causing a substantial interruption or impairment of a service rendered to the public by a utility or by an institution providing health or safety protection, he damages or tampers with property…
A.S.C.A. § 46.4021 Tampering in the second degree
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(a) A person commits the crime of tampering in the second degree if he: (1) tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; (2) unlawfully operates or rides in or upon another’s automobile, airplane, motorcycle, …
A.S.C.A. § 46.4022 Property damage in the first degree
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(a) A person commits the crime of property damage in the first degree if: (1) he knowingly damages property of another to an extent exceeding $1,000; or (2) he damages property to an extent exceeding $1,000 for the purpose of defrauding an insurer. (b) Property damage in the firs…
A.S.C.A. § 46.4023 Property damage in the second degree
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(a) A person commits the crime of property damage in the second degree if: (1) he knowingly damages property of another to an extent exceeding $100; or (2) he damages property to an extent exceeding $100 for the purpose of defrauding an insurer. (b) Property damage in the second …
A.S.C.A. § 46.4024 Property damage in the third degree
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(a) A person commits the crime of property damage in the third degree if: (1) he knowingly damages property of another; or (2) he damages property for the purpose of defrauding an insurer. (b) Property damage in the third degree is a class B misdemeanor. History: 1979, PL 16-43 §…
A.S.C.A. § 46.4025 Claim of right
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(a) A person does not commit an offense by damaging, tampering with, operating, riding in or upon, or making connection with property of another if he does so under a claim of right and has reasonable grounds to believe he has that right. (b) The defendant has the burden of injec…
A.S.C.A. § 46.4026 Trespass
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(a) A person commits the crime of trespass is he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property. (b) A person does not commit the crime of trespass by entering or remaining upon real property unless the rea…
A.S.C.A. § 46.4030 Burglary in the first degree
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(a) A person commits the crime of burglary in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime there, and when in effecting entry or while in the building or inhabitable…
A.S.C.A. § 46.4031 Burglary in the second degree
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(a) A person commits the crime of burglary in the second degree when he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime there. (b) Burglary in the second degree is a class C felony. History: …
A.S.C.A. § 46.4032 Possession of burglar's tools
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(a) A person commits the crime of possession of burglar’s tools if he possesses any tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating offenses involving forcible entry into premises, with a purpose to use or knowledge that some …