Title 5 — Criminal Offenses

54 chapters · 1,112 sections in this title.

82 sectionsFiltered byTitle 5 Ch 4

Ark. Code Ann. § 5-4-608 Waiver of death penalty
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(a) If a defendant is charged with a capital offense, with the permission of the court the prosecuting attorney may waive the death penalty. (b) In a case described in subsection (a) of this section, if the defendant pleads guilty to a capital offense or is found guilty of a capi…
Ark. Code Ann. § 5-4-615 Conviction — Punishments
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A person convicted of a capital offense shall be punished by death or by life imprisonment without parole pursuant to this subchapter.
Ark. Code Ann. § 5-4-616 Procedures following remand or mistrial of capital case after vacation of death sentence — Retroactive application
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(1) Notwithstanding § 5-4-602(3) that requires that the same jury sit in the sentencing phase of a capital felony trial, the following shall apply:(1) (A) Upon any appeal by the defendant when the sentence is of death, if the appellate court finds prejudicial error in the sentenc…
Ark. Code Ann. § 5-4-617 Method of execution
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(a) The Division of Correction shall carry out a sentence of death either by intravenous lethal injection of the drug or drugs described in subsection (d) of this section in an amount sufficient to cause death or by nitrogen gas. (b) (1) Upon receipt of a warrant of execution fro…
Ark. Code Ann. § 5-4-618 Defendants with intellectual disabilities
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(a) (1) As used in this section, “intellectual disabilities” means:(A) Significantly below-average general intellectual functioning accompanied by a significant deficit or impairment in adaptive functioning manifest in the developmental period, but no later than eighteen (18) yea…
Ark. Code Ann. § 5-4-701 Definitions
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(1) As used in this subchapter:(1) “Child” means a person under eighteen (18) years of age;(2) “Conductor” means a conductor, switchman, brakeman, trainman, or fireman licensed and certified by the Federal Railroad Administration;(3) “Engineer” means an engineer licensed and cert…
Ark. Code Ann. § 5-4-702 Enhanced penalties for offenses committed in presence of a child
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(a) A person who commits any of the following offenses may be subject to an enhanced sentence of an additional term of imprisonment of not less than one (1) year and not greater than ten (10) years if the offense is committed in the presence of a child:(1) Capital murder, § 5-10-…
Ark. Code Ann. § 5-4-703 Additional fine — Offense committed against a child or in the presence of a child
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(a) In addition to any other sentence, the court shall assess an additional fine of one hundred dollars ($100) for the following offenses if the finder of fact determines that the offense was committed against a child or in the presence of a child:(1) A felony involving violence …
Ark. Code Ann. § 5-4-704 Sentence enhancement for offense targeting current or former law enforcement officer, first responder, or family member of current or former law enforcement officer or first responder
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(a) A person is subject to an enhanced sentence under this section if the person purposely selected the victim of an offense committed by the person because the victim is:(1) Currently employed or was formerly employed as a law enforcement officer or first responder; or(2) A fami…
Ark. Code Ann. § 5-4-705 Sentence enhancement for offense targeting railroad or public transit employee
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(a) A person is subject to an enhanced sentence under this section if the person purposely selected the victim of an offense committed by the person because the victim is a railroad or public transit employee. (b) If a sentence enhancement is sought under this section, the inform…
Ark. Code Ann. § 5-4-706 Local cybercrime fee
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(a) As used in this section, “applicable felony” means:(1) A felony involving violence as defined in § 5-4-501(d)(2);(2) A felony offense for which a person is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; or(3) A fel…
Ark. Code Ann. § 5-4-707 Additional term of imprisonment for offense constituting violence against church or other place of worship
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(a) As used in this section, “serious felony involving violence” means:(1) Murder in the first degree, § 5-10-102;(2) Murder in the second degree, § 5-10-103;(3) Battery in the first degree, § 5-13-201;(4) Aggravated assault, § 5-13-204;(5) Terroristic threatening, § 5-13-301, if…
Ark. Code Ann. § 5-4-708 Enhanced penalties for serious felonies involving violence committed while in the country illegally — Definition
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(a) As used in this section, “serious felony involving violence” means:(1) Murder in the first degree, § 5-10-102;(2) Murder in the second degree, § 5-10-103;(3) Battery in the first degree, § 5-13-201;(4) Aggravated assault, § 5-13-204;(5) Terroristic threatening, § 5-13-301, if…
Ark. Code Ann. § 5-4-709 Enhanced penalty for certain felony offenses committed against a child
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(a) A person who is eighteen (18) years of age or older and commits a felony offense described in subsection (b) of this section is subject to an enhanced penalty under this section if:(1) The felony offense is committed against a child; and(2) The person is in a position of trus…
Ark. Code Ann. § 5-4-801 Definitions
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(1) As used in this subchapter:(1) “Community work project” means any program in which an eligible offender in a county jail is allowed to work under the supervision of a government entity on projects on public lands, public buildings, public roads, public parks, and public right…
Ark. Code Ann. § 5-4-802 Rules
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The Board of Corrections shall promulgate necessary rules to be followed by a government entity in the supervision of eligible offenders sentenced under this subchapter.
Ark. Code Ann. § 5-4-803 Procedure
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(a) A court may sentence an eligible offender under this subchapter. (b) (1) If a court elects to sentence an eligible offender under this subchapter, the court may suspend imposition of sentence for the eligible offender for a period not to exceed the period of years that is the…
Ark. Code Ann. § 5-4-804 Medical treatment and costs
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(a) The state is responsible for the cost of medical treatment approved by the Division of Correction of an eligible offender sentenced to a felony under this subchapter if the medical treatment is for:(1) The result of an injury sustained on the work site of the community work p…
Ark. Code Ann. § 5-4-805 Reimbursement for housing eligible offenders
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The state shall reimburse a county for housing an eligible offender convicted of a felony offense and sentenced under this subchapter at a rate to be determined by the Board of Corrections.
Ark. Code Ann. § 5-4-901 Legislative intent
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The intent of this act is to provide the judiciary with an additional alternative to the disposition of criminal offenders that would assist the offender in atoning for his or her criminal transgression and promote the enforcement of the state's criminal statutes while easing the…
Ark. Code Ann. § 5-4-902 Definitions
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(1) As used in this subchapter, “pre-adjudication” means the period of time after:(1) The prosecuting attorney files a criminal information or an indictment is filed in circuit court;(2) The person named in the criminal information or indictment is arraigned on the charge in circ…
Ark. Code Ann. § 5-4-903 Program authorized
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(a) (1) Each judicial district of this state may establish a pre-adjudication probation program under this subchapter.(2) The structure, method, and operation of the pre-adjudication probation program may differ and shall be based upon the specific needs of and resources availabl…
Ark. Code Ann. § 5-4-904 Eligibility
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(a) The judicial district in which a person is charged with a felony shall have in place a pre-adjudication probation program as authorized by this subchapter before this subchapter may be utilized by the person charged with the felony, the circuit court with jurisdiction, or the…
Ark. Code Ann. § 5-4-905 Sanctions
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(a) (1) A pre-adjudication probation program judge may impose sanctions on a pre-adjudication probation program participant who fails to complete certain court-ordered pre-adjudication program requirements or meet certain court-ordered pre-adjudication program goals.(2) Sanctions…
Ark. Code Ann. § 5-4-906 [Repealed.]
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A.C.A. § 5-4-906Current 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. § 5-4-907 Cost, fees, and restitution
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(a) The pre-adjudication probation program judge may order the offender to pay:(1) Court costs as provided in § 16-10-305;(2) Any substance abuse treatment costs;(3) Drug testing costs;(4) Costs associated with mental health treatment;(5) A pre-adjudication probation program user…
Ark. Code Ann. § 5-4-908 Program operation
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(a) (1) A pre-adjudication probation program may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems.(2) A pre-adjudication probation program team shall be designated by a circuit j…
Ark. Code Ann. § 5-4-909 Administrative Office of the Courts
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(1) The Administrative Office of the Courts shall:(1) Serve as a coordinator between pre-adjudication probation program judges, the Division of Community Correction, and other parties;(2) Establish, manage, and maintain a uniform statewide pre-adjudication probation program infor…
Ark. Code Ann. § 5-4-910 Disposition of court costs and user fees
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(a) All court costs and pre-adjudication probation program user fees assessed by the pre-adjudication probation program judge shall be paid to the circuit court clerk for remittance to the county treasury under § 14-14-1313. (b) The county treasurer shall credit all court costs r…
Ark. Code Ann. § 5-4-911 Required resources
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(1) Each pre-adjudication probation program established under this subchapter, subject to an appropriation, funding, and position authorization, both programmatic and administrative, shall be provided with the following resources:(1) The Division of Community Correction shall pro…
Ark. Code Ann. § 5-4-912 Collection of data — Reporting requirement
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(a) (1) A pre-adjudication probation program shall collect and provide data on pre-adjudication probation program applicants and all participants as required by the Administrative Office of the Courts.(2) Data collected under subdivision (a)(1) of this section shall include:(A) T…
Ark. Code Ann. § 5-4-913 Education screening
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A person eligible to enter a pre-adjudication program under this subchapter shall have his or her education level assessed by the court by completing a reading, literacy, and math assessment by the Adult Education Section.