Unlawful squatting

Ark. Code Ann. § 5-39-215 — under Burglary, Trespass, and Other Intrusions.

Ark. Code Ann. § 5-39-215

(a) As used in this section:(1) “Immediate family” means a person's spouse, children, parents or guardian, siblings, and grandparents, whether related by blood, adoption, or marriage;(2) “Premises” means a dwelling, commercial building, or vacant or unimproved real property; and(3) (A) “Unlawful squatting” means entering and residing unlawfully in a premises when the person entering and residing in the premises is not privileged or licensed to do so.(B) “Unlawful squatting” includes without limitation taking up residence in a premises a person does not own if he or she:(i) Is not a current tenant at the premises;(ii) Does not have a valid agreement to occupy the premises; and(iii) Is not an immediate family member of the owner of the premises.

(1) “Immediate family” means a person's spouse, children, parents or guardian, siblings, and grandparents, whether related by blood, adoption, or marriage;

(2) “Premises” means a dwelling, commercial building, or vacant or unimproved real property; and

(3) (A) “Unlawful squatting” means entering and residing unlawfully in a premises when the person entering and residing in the premises is not privileged or licensed to do so.(B) “Unlawful squatting” includes without limitation taking up residence in a premises a person does not own if he or she:(i) Is not a current tenant at the premises;(ii) Does not have a valid agreement to occupy the premises; and(iii) Is not an immediate family member of the owner of the premises.

(A) “Unlawful squatting” means entering and residing unlawfully in a premises when the person entering and residing in the premises is not privileged or licensed to do so.

(B) “Unlawful squatting” includes without limitation taking up residence in a premises a person does not own if he or she:(i) Is not a current tenant at the premises;(ii) Does not have a valid agreement to occupy the premises; and(iii) Is not an immediate family member of the owner of the premises.

(i) Is not a current tenant at the premises;

(ii) Does not have a valid agreement to occupy the premises; and

(iii) Is not an immediate family member of the owner of the premises.

(b) A person commits the offense of unlawful squatting if:(1) The person:(A) Knowingly enters upon the premises of another person;(B) Knowingly resides on the premises of the other person under subdivision (b)(1)(A) of this section for any period of time;(C) Knowingly acts without lawful authority under subdivisions (b)(1)(A) and (B) of this section; and(D) Cannot produce at least one (1) of the following documents:(i) A deed or mortgage statement in his or her name for the premises;(ii) A lease agreement that includes the name and signature of the other person or an authorized representative of the other person;(iii) A valid written or electronic agreement or communication authorizing the person to enter upon the premises; or(iv) A receipt or other reliable evidence of a rent payment made to the other person or an authorized representative of the other person dated within the last sixty (60) days;(2) The premises the person enters upon is not open to the public at the time of entry;(3) The owner of the premises has directed the person entering upon the premises to leave the premises or has contacted law enforcement to make a report of unlawful squatting; and(4) No pending litigation exists between the owner of the premises and the person entering upon the premises.

(1) The person:(A) Knowingly enters upon the premises of another person;(B) Knowingly resides on the premises of the other person under subdivision (b)(1)(A) of this section for any period of time;(C) Knowingly acts without lawful authority under subdivisions (b)(1)(A) and (B) of this section; and(D) Cannot produce at least one (1) of the following documents:(i) A deed or mortgage statement in his or her name for the premises;(ii) A lease agreement that includes the name and signature of the other person or an authorized representative of the other person;(iii) A valid written or electronic agreement or communication authorizing the person to enter upon the premises; or(iv) A receipt or other reliable evidence of a rent payment made to the other person or an authorized representative of the other person dated within the last sixty (60) days;

(A) Knowingly enters upon the premises of another person;

(B) Knowingly resides on the premises of the other person under subdivision (b)(1)(A) of this section for any period of time;

(C) Knowingly acts without lawful authority under subdivisions (b)(1)(A) and (B) of this section; and

(D) Cannot produce at least one (1) of the following documents:(i) A deed or mortgage statement in his or her name for the premises;(ii) A lease agreement that includes the name and signature of the other person or an authorized representative of the other person;(iii) A valid written or electronic agreement or communication authorizing the person to enter upon the premises; or(iv) A receipt or other reliable evidence of a rent payment made to the other person or an authorized representative of the other person dated within the last sixty (60) days;

(i) A deed or mortgage statement in his or her name for the premises;

(ii) A lease agreement that includes the name and signature of the other person or an authorized representative of the other person;

(iii) A valid written or electronic agreement or communication authorizing the person to enter upon the premises; or

(iv) A receipt or other reliable evidence of a rent payment made to the other person or an authorized representative of the other person dated within the last sixty (60) days;

(2) The premises the person enters upon is not open to the public at the time of entry;

(3) The owner of the premises has directed the person entering upon the premises to leave the premises or has contacted law enforcement to make a report of unlawful squatting; and

(4) No pending litigation exists between the owner of the premises and the person entering upon the premises.

(c) A law enforcement agency shall not accept a report of unlawful squatting unless the report is by an:(1) Owner of the premises upon which the unlawful squatting occurred; or(2) Authorized representative of the owner of the premises upon which the unlawful squatting occurred.

(1) Owner of the premises upon which the unlawful squatting occurred; or

(2) Authorized representative of the owner of the premises upon which the unlawful squatting occurred.

(d) A law enforcement officer acting in good faith in response to a report of a violation of this section is immune from criminal and civil liability.

(e) (1) Unlawful squatting is a Class B misdemeanor.(2) A second offense of unlawful squatting is a Class A misdemeanor.(3) A third offense of unlawful squatting is a Class D felony.

(1) Unlawful squatting is a Class B misdemeanor.

(2) A second offense of unlawful squatting is a Class A misdemeanor.

(3) A third offense of unlawful squatting is a Class D felony.

(f) If a person who has entered upon the premises of another person knowingly provides a false document in response to a request to produce a document under subdivision (b)(1)(D) of this section or otherwise produces a false document as justification for his or her presence on the premises, the person is guilty upon conviction of a Class D felony.

(g) A person aggrieved by a violation of this section is granted a private cause of action against the person who violated this section and is entitled to recover damages, including without limitation restitution and reasonable attorney's fees.