54 chapters · 1,112 sections in this title.
Ark. Code Ann. § 5-26-201 Bigamy
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(a) A person commits bigamy if, being married, he or she purports to marry another person. (b) It is an affirmative defense to a prosecution under this section that at the time of the alleged offense the actor:(1) Reasonably believed that the prior spouse was dead;(2) Had lived a…
Ark. Code Ann. § 5-26-202 Incest
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(a) A person commits incest if the person, being sixteen (16) years of age or older, purports to marry, has sexual intercourse with, or engages in deviate sexual activity with another person sixteen (16) years of age or older whom the actor knows to be:(1) An ancestor or a descen…
Ark. Code Ann. § 5-26-203 Concealing birth
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(a) A person commits the offense of concealing birth if he or she hides the corpse of a newborn child with purpose to conceal the fact of the child's birth or to prevent a determination of whether the child was born alive. (b) Concealing birth is a Class D felony.
Ark. Code Ann. § 5-26-204 Unlawful solicitation for the relinquishment of parental rights
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(a) (1) A person commits the offense of unlawful solicitation for the relinquishment of parental rights in the first degree if in exchange for consenting to the person's or another person's placing a baby who is not yet born for adoption the person offers anything of value prohib…
Ark. Code Ann. § 5-26-301 Legislative intent
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To the extent that any protected class of persons defined under this subchapter is afforded protection by any other existing or future statute of this state, this subchapter does not prevent a prosecution under any such existing or future statute.
Ark. Code Ann. § 5-26-302 Definitions
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(1) As used in this subchapter:(1) (A) “Dating relationship” means a romantic or intimate social relationship between two (2) individuals that is determined by examining the following factors:(i) The length of the relationship;(ii) The type of the relationship; and(iii) The frequ…
Ark. Code Ann. § 5-26-303 Domestic battering in the first degree
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(a) A person commits domestic battering in the first degree if:(1) With the purpose of causing serious physical injury to a family or household member, the person causes serious physical injury to a family or household member by means of a deadly weapon;(2) With the purpose of se…
Ark. Code Ann. § 5-26-304 Domestic battering in the second degree
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(a) A person commits domestic battering in the second degree if:(1) With the purpose of causing physical injury to a family or household member, the person causes serious physical injury to a family or household member;(2) With the purpose of causing physical injury to a family o…
Ark. Code Ann. § 5-26-305 Domestic battering in the third degree
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(a) A person commits domestic battering in the third degree if:(1) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member;(2) The person recklessly causes physical injury to a family or househ…
Ark. Code Ann. § 5-26-306 Aggravated assault on a family or household member
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(a) A person commits aggravated assault on a family or household member if, under circumstances manifesting extreme indifference to the value of human life, the person purposely:(1) Engages in conduct that creates a substantial danger of death or serious physical injury to a fami…
Ark. Code Ann. § 5-26-308 Second degree assault on family or household member
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(a) A person commits second degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of physical injury to a family or household member. (b) Second degree assault on a family or household member is a Class B misdem…
Ark. Code Ann. § 5-26-309 Third degree assault on a family or household member
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(a) A person commits third degree assault on a family or household member if the person purposely creates apprehension of imminent physical injury to a family or household member. (b) Third degree assault on a family or household member is a Class C misdemeanor.
Ark. Code Ann. § 5-26-310 Costs
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(a) The abused in any misdemeanor or felony domestic violence offense shall not bear the costs associated with the filing of a criminal charge against the domestic violence offender or the costs associated with the issuance or service of a warrant and witness subpoena, except as …
Ark. Code Ann. § 5-26-311 Residential confinement in home of victim prohibited
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In a case involving domestic or family violence, a court shall not order residential confinement as a condition of bond or probation for a defendant in any household shared by the defendant and the alleged victim.
Ark. Code Ann. § 5-26-312 Determination of pregnancy
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For purposes of § 5-26-303(b)(2), § 5-26-304(b)(2), and § 5-26-305(b)(2), a woman is considered pregnant four (4) weeks after conception.
Ark. Code Ann. § 5-26-313 Notice
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A person who is convicted of any misdemeanor of domestic violence shall be notified by the court that it is unlawful for the person to ship, transport, or possess a firearm or ammunition pursuant to 18 U.S.C. § 922(g)(8) and (9), as they existed on January 1, 2007.
Ark. Code Ann. § 5-26-314 Unlawful distribution of an intimate image
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(a) As used in this section:(1) “Identifiable” means recognizable as a specific person by:(A) The person's face, likeness, or other distinguishing characteristic; or(B) Any additional information that states the identity or purported identity of the person; and(2) “Intimate image…
Ark. Code Ann. § 5-26-401 Nonsupport
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(a) A person commits the offense of nonsupport if he or she fails to provide support to the person's:(1) Spouse who is physically or mentally infirm or financially dependent;(2) Legitimate child who is less than eighteen (18) years of age;(3) Illegitimate child who is less than e…
Ark. Code Ann. § 5-26-410 Jurisdiction
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(a) When any person is liable to be prosecuted under § 5-26-401, he or she may be indicted, tried, and convicted in:(1) The county where the violation of § 5-26-401 originally occurred;(2) Any county where he or she might be apprehended; or(3) The county where the injured spouse …
Ark. Code Ann. § 5-26-411 Evidence of marriage and parentage — Spouse as witness
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(a) No other evidence is required to prove marriage of a husband and wife or that the defendant is the lawful parent of a legitimate child or has acknowledged paternity of an illegitimate child than is required to prove this fact in a civil action. (b) The spouse and parent is a …
Ark. Code Ann. § 5-26-412 Payment of fine to spouse or guardian
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When a fine is imposed a court may direct that it be paid in whole or in part to a spouse or to a guardian or custodian of a child.
Ark. Code Ann. § 5-26-413 Temporary support order
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(1) At any time before a trial or pending appeal, upon motion of a complainant and upon notice to the defendant, the court may:(1) Enter a temporary support order as it deems just, providing for the support of a neglected spouse or child, pendente lite; and(2) Punish for violatio…
Ark. Code Ann. § 5-26-414 Order for periodic payments — Release of defendant on own recognizance
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(a) In its discretion, the original trial court may:(1) Order a defendant who violates § 5-26-401 to pay a certain sum periodically, for a time not to exceed one (1) year, to the spouse or to the guardian or custodian of a child; and(2) Release the defendant from custody upon the…
Ark. Code Ann. § 5-26-415 Times when periodic payments may be authorized
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(1) The original trial court may issue the order provided in § 5-26-414:(1) Before the trial, with the consent of the defendant;(2) At the trial, on entry of plea of guilty; or(3) After conviction, in lieu of a penalty provided in § 5-26-401 or in addition to a penalty provided i…
Ark. Code Ann. § 5-26-416 Violation of order — Forfeiture of recognizance
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(a) When the original trial court is satisfied by information and proof under oath that any time during the year the defendant has violated a term of its order, the original trial court shall proceed with the trial of the defendant under the original conviction, or enforce the or…
Ark. Code Ann. § 5-26-501 Interference with visitation
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(a) (1) A person commits the offense of interference with visitation if, knowing that he or she has no lawful right to do so, he or she takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of visitation with the minor.(2) A person cl…
Ark. Code Ann. § 5-26-502 Interference with court-ordered custody
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(a) A person commits the offense of interference with court-ordered custody if the person:(1) Knowing that he or she has no lawful right to do so, takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of custody of the minor;(2) Witho…
Ark. Code Ann. § 5-26-503 Interference with custody
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(a) A person commits the offense of interference with custody if without lawful authority he or she knowingly takes, entices, or keeps, or aids, abets, hires, or otherwise procures another person to take, entice, or keep any minor from the custody of:(1) The parent of the minor i…