Title 5 — Criminal Offenses

(1) As used in this chapter:(1) “Criminogenic” means those factors that are static and dynamic personal and situational characteristics that increase the risk of criminality and reoffending;(2) “Delinquent” means the defendant:(A) Has failed to pay his or her fines and costs that…

(a) If punishment is fixed by the court, the court may order a presentence investigation before imposing sentence. (b) (1) The presentence investigation should be conducted by a presentence officer or another person designated by the court and should include an analysis of:(A) Th…

(a) If a defendant is charged with a felony and is found guilty of an offense by a jury, the jury shall fix punishment in a separate proceeding as authorized by this chapter. (b) Except as provided by §§ 5-4-601 — 5-4-605, 5-4-607, and 5-4-608, the court shall fix punishment as a…

(a) No defendant convicted of an offense shall be sentenced otherwise than in accordance with this chapter. (b) A defendant convicted of capital murder, § 5-10-101, capital rape, § 5-14-114, or treason, § 5-51-201, shall be sentenced to death or life imprisonment without parole i…

A.C.A. § 5-4-105Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) As used in this section:(1) “Extended post-conviction no contact order” means an order issued by a court to a defendant after a conviction for an offense listed in subsection (b) of this section that contains terms as described in subsection (d) of this section; and(2) “Victi…

(a) (1) The Division of Correction within one hundred twenty (120) days before the release on parole or post-release supervision of a person who is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., shall notify in writing…

A defendant shall not be sentenced to death or life imprisonment without the possibility of parole for an offense if the defendant was less than eighteen (18) years of age at the time the offense was committed.

(1) A person who is convicted of an offense for which he or she is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., shall be notified at his or her sentencing by the court that he or she is prohibited from:(1) Recording …

(a) A defendant convicted of a felony may be sentenced to pay a fine:(1) Not exceeding fifteen thousand dollars ($15,000) if the conviction is of a Class A felony or Class B felony;(2) Not exceeding ten thousand dollars ($10,000) if the conviction is of a Class C felony or Class …

(a) If the defendant is sentenced to pay a fine or costs, the court shall not at the same time impose an alternative sentence or imprisonment to be served if the fine or costs are not paid. (b) (1) If a defendant is sentenced to pay a fine or costs, the court may grant permission…

A.C.A. § 5-4-203Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) When a defendant sentenced to pay fines, fees, or costs defaults in the payment of the fines, fees, or costs or of any installment, the fines, fees, or costs may be collected:(1) By any means authorized for the enforcement of a money judgment in a civil action; or(2) Upon the…

(a) (1) A defendant who is found guilty or who enters a plea of guilty or nolo contendere to an offense may be ordered to pay restitution.(2) If the court decides not to order restitution or orders restitution of only a portion of the loss suffered by the victim, the court shall …

(a) As used in this section, “restitution order” means a sentencing order or other order that imposes a duty on a defendant to pay restitution. (b) A court that orders the payment of restitution as a condition of a defendant's sentence shall note on the restitution order that the…

(a) (1) If a defendant is paying a fine or costs as the result of a felony conviction in installments as authorized under § 5-4-202(b), the defendant may contact the entity with the responsibility to collect the fines or costs and request that the entity permit a lower installmen…

(1) If a defendant is making installment payments under § 5-4-202(b), and is also making installment payments for restitution under § 5-4-205(e)(1)(B), the installment payments are given priority as follows:(1) First, installment payments are applied to restitution, with the exce…

(a) (1) A court shall not suspend imposition of sentence as to a term of imprisonment or place a defendant on probation for the following offenses:(A) Capital murder, § 5-10-101;(B) Treason, § 5-51-201;(C) Capital rape, § 5-14-114;(D) A Class Y felony, except to the extent suspen…

When a defendant who pleads or is found guilty of an offense defined by a statute not a part of the Arkansas Criminal Code is eligible for suspension or probation pursuant to that statute, the court may make any disposition permitted by that statute.

(a) (1) If a court suspends imposition of sentence on a defendant or places him or her on probation, the court shall attach such conditions as are reasonably necessary to assist the defendant in leading a law-abiding life.(2) Conditions attached by the court shall be narrowly tai…

(a) If a court suspends the imposition of sentence on a defendant or places him or her on probation, the court may require as an additional condition of its order that the defendant serve a period of confinement in the county jail, city jail, or other authorized local detention, …

(a) If a court suspends imposition of sentence on a defendant or places him or her on probation, the fact that a judgment of conviction is not entered does not preclude:(1) An appeal on the basis of any error in the adjudication of guilt or any error in the entry of the order of …

If a court suspends imposition of sentence on a defendant or places him or her on probation, the period of suspension or probation shall be for a definite period of time not to exceed the maximum jail or prison sentence allowable for the offense charged taking into account the re…

(a) Except as provided in subsection (c) of this section, a period of suspension or probation commences to run when the circuit court pronounces the probationer's sentence in the courtroom or upon the entry of a sentencing order, whichever occurs first. (b) (1) Whether pronounced…

A.C.A. § 5-4-308Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

A.C.A. § 5-4-309Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

A.C.A. § 5-4-310Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

A.C.A. § 5-4-311Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) (1) A court may require that either a presentence investigation be conducted by either the probation officer or presentence investigation officer assigned to the court or that the defense counsel of a defendant, the prosecuting attorney, a probation officer, and other persons…

(1) If a judicial district has one (1) or more of the following programs in place at the time of a defendant's sentencing for a felony, a court may sentence the defendant to:(1) A posttrial treatment program for drug abuse under § 16-98-201; or(2) Drug court under the Arkansas Dr…

(a) Any person who pleads guilty or nolo contendere or is found guilty in any circuit court of this state of a felony and whose sentence of imprisonment is placed on suspension or who is placed on probation may be ordered by the circuit court to report to an appropriate Division …

(a) In a case within the criminal or traffic division of a district court, the district court may postpone a judgment for not more than one (1) year, and during the one (1) year period a defendant:(1) Is in a probation status, supervised or unsupervised;(2) Is in compliance with …

(a) (1) A district court or city court may:(A) Place a defendant on probation or sentence him or her to public service work; and(B) As a condition of its order, require the defendant to pay a:(i) Fine in one (1) or several sums; and(ii) Probation fee or a public service work supe…

(a) (1) As an additional requirement for suspension of sentence or probation, a court may require any person who is sentenced for a felony or a Class A misdemeanor to make a good faith effort toward completion of a high school diploma or a high school equivalency diploma approved…

(a) A defendant convicted of a felony shall receive a determinate sentence according to the following limitations:(1) For a Class Y felony, the sentence shall be not less than ten (10) years and not more than forty (40) years, or life;(2) For a Class A felony, the sentence shall …

(a) Except as provided in §§ 5-4-304 and 16-93-708, a defendant convicted of a felony and sentenced to imprisonment shall be committed to the custody of the Division of Correction for the term of his or her sentence or until released in accordance with law. (b) Except as provided…

(a) Except as provided in subsections (c) and (e) of this section, when multiple sentences of imprisonment are imposed on a defendant convicted of more than one (1) offense, including an offense for which a previous suspension or probation has been revoked, the sentences shall ru…

If a defendant is held in custody for conduct that results in a sentence to imprisonment or confinement as a condition of suspension or probation, the court, the Division of Correction, or the Division of Community Correction shall credit the time spent in custody against the sen…

(a) As used in this section:(1) “Aggravating circumstance” means a defendant purposely selected the victim because the victim was a member of or was associated with a recognizable and identifiable group or class who share mental, physical, biological, cultural, political, or reli…

(a) (1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and shall be sentenced to an extended term of imprisonment as set forth in subdivision (a)(2) of this section:(A) A defendant who:(i) Is convicted of a …

(1) The following procedure governs a trial at which a sentence to an extended term of imprisonment is sought pursuant to § 5-4-501:(1) The jury shall first hear all evidence relevant to the felony with which the defendant is currently charged and shall retire to reach a verdict …

For purposes of § 5-4-501, a conviction or finding of guilt of an offense in another jurisdiction constitutes a previous conviction or finding of guilt of a felony if a sentence of death or of imprisonment for a term in excess of one (1) year was authorized under a law of the oth…

(a) A previous conviction or finding of guilt of a felony may be proved by any evidence that satisfies the trial court beyond a reasonable doubt that the defendant was convicted or found guilty. (b) Any of the following are sufficient to support a finding of a prior conviction or…

(a) In enacting this subchapter, it is the intent of the General Assembly to specify the procedures and standards pursuant to which a sentencing body shall conform in making a determination as to whether a sentence of death is to be imposed upon a conviction for capital murder, §…

(1) The following procedures govern a trial of a person charged with a capital felony:(1) The jury shall first hear all evidence relevant to the charge and shall then retire to reach a verdict of guilt or innocence;(2) If the defendant is found not guilty of the capital offense c…

(a) The jury shall impose a sentence of death if the jury unanimously returns written findings that:(1) An aggravating circumstance exists beyond a reasonable doubt;(2) Aggravating circumstances outweigh beyond a reasonable doubt all mitigating circumstances found to exist; and(3…

(1) An aggravating circumstance is limited to the following:(1) The capital offense was committed by a person imprisoned as a result of a felony conviction;(2) The capital offense was committed by a person unlawfully at liberty after being sentenced to imprisonment as a result of…

(1) A mitigating circumstance includes, but is not limited to, the following:(1) The capital offense was committed while the defendant was under extreme mental or emotional disturbance;(2) The capital offense was committed while the defendant was acting under an unusual pressure …

(1) A person sentenced to life imprisonment without parole shall:(1) Be remanded to the custody of the Division of Correction for imprisonment for the remainder of his or her life; and(2) Not be released except pursuant to commutation, pardon, or reprieve of the Governor. (1) Be …

(a) The pardon of a person convicted of capital murder, § 5-10-101, capital rape, § 5-14-114, or of a Class Y felony, Class A felony, or Class B felony, or the commutation of a sentence of a person convicted of capital murder, § 5-10-101, capital rape, § 5-14-114, or of a Class Y…