Title 5 — Criminal Offenses
54 chapters · 1,112 sections in this title.
Ark. Code Ann. § 5-38-101 Definitions
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(1) As used in this chapter:(1) “Catastrophe” means:(A) Serious physical injury or death to five (5) or more persons; or(B) Substantial damage to five (5) or more occupiable structures or property loss in excess of five hundred thousand dollars ($500,000);(2) “Critical infrastruc…
Ark. Code Ann. § 5-38-201 [Repealed.]
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A.C.A. § 5-38-201Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 5-38-202 Causing a catastrophe — Threatening to cause a catastrophe
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(a) (1) A person commits the offense of causing a catastrophe if he or she knowingly causes a catastrophe by:(A) Explosion;(B) Fire;(C) Flood;(D) Avalanche;(E) Collapse of building;(F) Distribution of a poison, radioactive material, bacteria, or virus; or(G) Another dangerous and…
Ark. Code Ann. § 5-38-203 Criminal mischief in the first degree
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(a) A person commits the offense of criminal mischief in the first degree if he or she purposely and without legal justification destroys or causes damage to any:(1) Property of another person;(2) Property, whether his or her own or the property of another person, for the purpose…
Ark. Code Ann. § 5-38-204 Criminal mischief in the second degree
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(a) A person commits criminal mischief in the second degree if the person:(1) Recklessly destroys or damages any property of another person; or(2) Purposely tampers with any property of another person and by the tampering causes substantial inconvenience to the owner or another p…
Ark. Code Ann. § 5-38-205 Impairing the operation of a vital public facility
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(a) A person commits the offense of impairing the operation of a vital public facility if, having no reasonable ground to believe he or she has a right to do so, the person knowingly causes a substantial interruption or impairment of an operation of a vital public facility by:(1)…
Ark. Code Ann. § 5-38-206 Damaging wires and other fixtures of telephone, cable, and electric power companies
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(a) It is unlawful for a person to knowingly damage, destroy, or pull down:(1) A telephone, cable communications, or electric power transmission pedestal or pole owned or operated by a telephone, cable, or electric power company;(2) A telephone, cable communications, or electric …
Ark. Code Ann. § 5-38-207 Destruction or removal of a cemetery or grave marker
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(a) It is unlawful for any person, corporation, company, or other entity to destroy or carry away any cemetery marker or grave marker. (b) Destruction or removal of a cemetery marker or grave marker is a Class C felony.
Ark. Code Ann. § 5-38-208 Automated teller machine impairment
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(a) (1) As used in this section, “automated teller machine” means an electronic information processing device located in this state that accepts or dispenses cash in connection with a financial transaction or credit card.(2) “Automated teller machine” includes a customer-bank com…
Ark. Code Ann. § 5-38-213 [Repealed.]
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A.C.A. § 5-38-213Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 5-38-214 Willful removal or destruction of landmarks established by legal survey
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(a) Any person who willfully cuts down, destroys, defaces, removes, or carries off any witness tree, monument, or other landmark established by legal survey and used to delineate a boundary line is guilty of a Class A misdemeanor. (b) Furthermore, in any civil suit involving dama…
Ark. Code Ann. § 5-38-301 Arson
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(a) A person commits arson if he or she:(1) Starts a fire or causes an explosion with the purpose of destroying or otherwise damaging:(A) An occupiable structure or motor vehicle that is the property of another person;(B) Any property, whether his or her own or property of anothe…
Ark. Code Ann. § 5-38-302 Reckless burning
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(a) A person commits the offense of reckless burning if the person purposely starts a fire or causes an explosion, whether on his or her own property or property of another person, and thereby recklessly:(1) Creates a substantial risk of death or serious physical injury to any pe…
Ark. Code Ann. § 5-38-303 Failure to control or report a dangerous fire
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(a) A person commits the offense of failure to control or report a dangerous fire if the person knows that a fire is unattended and is endangering the life, physical safety, or a substantial amount of property of another person, and the person:(1) Fails to act in a reasonable man…
Ark. Code Ann. § 5-38-310 Unlawful burning
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(a) A person commits the offense of unlawful burning if the person:(1) Sets on fire or causes or procures to be set on fire any forest, brush, or other inflammable vegetation on another person's land;(2) Allows a fire that he or she built or has charge of to escape from his or he…
Ark. Code Ann. § 5-38-311 Unlawful burning — Miscellaneous felonies
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(a) The following acts are Class C felonies:(1) Purposely setting on fire the land of another person;(2) Starting a fire on the person's own land that he or she has leased or is under his or her control with the intent of letting the fire escape to the land of another person; and…
Ark. Code Ann. § 5-38-312 No presumption on cause of fire
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(a) The purpose of this section is to:(1) Clarify that there is not a presumption as to the cause of fire related to a violation of this subchapter;(2) Abolish any common law contrary to this section, including without limitation Johnson v. State, 198 Ark. 871, 131 S.W.2d 934 (19…