Title 5, Criminal Offenses

(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) (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…

(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…

A person convicted of a capital offense shall be punished by death or by life imprisonment without parole pursuant to this subchapter.

(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…

(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…

(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…

(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…

(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-…

(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 …

(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…

(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…

(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…

(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…

(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…

(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…

(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…