Title 5 — Criminal Offenses
54 chapters · 1,112 sections in this title.
Ark. Code Ann. § 5-71-230 Violation of the protection of peace for mourning at a funeral
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(a) As used in this section:(1) (A) “Funeral” means a ceremony or memorial service held in connection with the burial or cremation of a person who has died in which the family of the deceased has a personal stake in memorializing and honoring the deceased and the desire to be abl…
Ark. Code Ann. § 5-71-301 Definitions
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(1) As used in this subchapter:(1) “Civil disorder” means any public disturbance involving an act of violence by an assemblage of three (3) or more persons that causes an immediate danger of or results in damage or injury to the property or person of any other individual;(2) “Exp…
Ark. Code Ann. § 5-71-302 Promoting civil disorder in the first degree
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(1) Any person who teaches or demonstrates to any other person the use, application, or construction of any firearm or explosive or incendiary device capable of causing injury or death to any person, knowing or intending that the firearm or explosive or incendiary device be used …
Ark. Code Ann. § 5-71-303 Unaffected lawful uses of weapons
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(1) Nothing in this subchapter shall be construed to prohibit the training or teaching of the use of a weapon for:(1) A law enforcement purpose;(2) Hunting;(3) Recreation;(4) Competition; or(5) Any other lawful use or activity. (1) A law enforcement purpose; (2) Hunting; (3) Recr…
Ark. Code Ann. § 5-72-101 [Repealed.]
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A.C.A. § 5-72-101Current 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. § 5-72-102 Removal of trees growing on navigable rivers or streams
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(a) (1) It is unlawful to remove any tree growing below the ordinary high watermark, as defined in § 15-22-202, on any river or stream in this state that has been designated as a navigable river or stream by a legislative act.(2) However, an authorized representative of the Unite…
Ark. Code Ann. § 5-72-103 Cutting timber on swamp and overflowed lands
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(a) Any person who cuts, destroys, or removes any timber standing on any of the swamp and overflowed lands granted by the United States Congress to this state is subject to indictment and upon conviction is guilty of a Class B misdemeanor. (b) Additionally, restitution is set at …
Ark. Code Ann. § 5-72-104 Leaving timber in navigable stream, drainage ditch, or stream bed
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(a) It is unlawful for any person, partnership, company, or corporation cutting any timber or tree in this state to leave any tree top, tree trunk, or tree limb in any navigable stream, drainage ditch, or stream bed of any improved drainage project. (b) (1) Any person, partnershi…
Ark. Code Ann. § 5-72-105 Obstruction of drains by timber or material — Floating logs or boom
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(a) (1) It is unlawful for any person or corporation to cause any timber, tree, or material to be felled or thrown into any ditch, drain, stream, or canal, whether natural or artificial, that tends to obstruct the free flow of water in the ditch, drain, stream, or canal.(2) Howev…
Ark. Code Ann. § 5-72-106 Obstructing natural drains
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(a) It is unlawful for any person to obstruct in any manner any natural drain in this state. (b) Any person that obstructs in violation of subsection (a) of this section any natural drain is guilty of a violation and upon conviction shall be fined in any sum not less than one hun…
Ark. Code Ann. § 5-72-107 Keeping dams sufficiently open
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(a) Any person owning, operating, or controlling any dam or other obstruction across any river, creek, or other stream in this state shall at all times keep the dam or other obstruction open so as to permit a flow of water sufficient to maintain fish life in the stream below the …
Ark. Code Ann. § 5-72-108 Injuring or destroying bridges, dams, levees, or embankments
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Any person who willfully and maliciously cuts down, breaks, injures, or destroys any bridge, mill-dam or other dam, or levee erected or constructed to create hydraulic power or to prevent the overflow of lands or any embankment necessary to support the dam or levee or makes or ca…
Ark. Code Ann. § 5-72-109 Injuring levees
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(a) Should any person cut, break, or in any way damage any public levee constructed or to be constructed, by authority of this state, or paid for or to be paid for, out of any funds of this state, or out of the funds of any county or public corporation, in whole or in part, that …
Ark. Code Ann. § 5-72-110 Driving on levees — Destruction of barricades
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(a) If any public levee or any private levee is constructed and maintained for the purpose of protection against overflow, any person who drives any vehicle or rides on the levee without the consent of the owner, using the levee as a road bed, or who cuts, tears down, destroys, o…
Ark. Code Ann. § 5-72-111 [Repealed.]
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A.C.A. § 5-72-111Current 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. § 5-73-101 Definitions
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(1) As used in this chapter:(1) “Blasting agent” means any material or mixture consisting of fuel and oxidizer intended for blasting if the finished product as mixed for use or shipment cannot be detonated by means of a No. 8 test blasting cap when unconfined;(2) “Collegiate athl…
Ark. Code Ann. § 5-73-102 Possessing instrument of crime
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(a) A person commits the offense of possessing an instrument of crime if he or she possesses any instrument of crime with a purpose to employ it criminally. (b) Possessing an instrument of crime is a Class A misdemeanor.
Ark. Code Ann. § 5-73-103 Possession of firearms by certain persons
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(a) Except as provided in subsection (d) of this section or unless authorized by and subject to such conditions as prescribed by the Governor, or his or her designee, or the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives, or other bureau or office designated b…
Ark. Code Ann. § 5-73-104 Criminal use of prohibited weapons
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(a) A person commits the offense of criminal use of prohibited weapons if, except as authorized by law, he or she knowingly uses, possesses, makes, repairs, sells, or otherwise deals in any:(1) Bomb;(2) Metal knuckles; or(3) Other implement for the infliction of serious physical …
Ark. Code Ann. § 5-73-105 Legitimate manufacture, repair, and transportation of prohibited weapons
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(1) Section 5-73-104 shall not be construed to prohibit the manufacture, repair, transportation, or sale of the weapons enumerated in § 5-73-104 to or for an authorized representative of:(1) The United States Armed Forces; or(2) Any law enforcement agency. (1) The United States A…
Ark. Code Ann. § 5-73-106 Defacing a firearm
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(a) A person commits the offense of defacing a firearm if he or she knowingly removes, defaces, mars, covers, alters, or destroys the manufacturer's serial number or identification mark of a firearm. (b) Defacing a firearm is a Class D felony.
Ark. Code Ann. § 5-73-107 Possession of a defaced firearm
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(a) A person commits the offense of possession of a defaced firearm if he or she knowingly possesses a firearm with a manufacturer's serial number or other identification mark required by law that has been removed, defaced, marred, altered, or destroyed. (b) It is a defense to a …
Ark. Code Ann. § 5-73-108 Criminal acts involving explosives
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(a) (1) A person commits the offense of criminal possession of explosive material or a destructive device if the person:(A) Sells, possesses, manufactures, transfers, or transports explosive material or a destructive device; and(B) Either:(i) Has the purpose of using that explosi…
Ark. Code Ann. § 5-73-109 Furnishing a deadly weapon to a minor
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(a) A person commits the offense of furnishing a deadly weapon to a minor if he or she sells, barters, leases, gives, rents, or otherwise furnishes a firearm or other deadly weapon to a minor without the consent of a parent, guardian, or other person responsible for general super…
Ark. Code Ann. § 5-73-110 Disarming minors and mentally defective or mentally irresponsible persons — Disposition of property seized
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(a) Subject to constitutional limitation, nothing in this section and §§ 5-73-101 — 5-73-109 shall be construed to prohibit a law enforcement officer from disarming, without arresting, a minor or person who reasonably appears to be mentally defective or otherwise mentally irrespo…
Ark. Code Ann. § 5-73-111 Unlawful procurement of a firearm
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(a) As used in this section:(1) “Ammunition” means any cartridge, shell, or projectile designed for use in a firearm;(2) “False information” means information that portrays an unlawful transaction as lawful or a lawful transaction as unlawful;(3) “Licensed dealer” means a person …
Ark. Code Ann. § 5-73-112 Certification by a chief law enforcement officer regarding receipt or manufacture of a firearm
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(a) As used in this section:(1) “Certification” means the participation and assent of the chief law enforcement officer or his or her designee necessary under federal law for the approval of an application to transfer or manufacture a firearm; and(2) “Firearm” means the same as d…
Ark. Code Ann. § 5-73-119 Handguns — Possession by minor or possession on school property
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(a) (1) No person in this state under eighteen (18) years of age shall possess a handgun.(2) (A) A violation of subdivision (a)(1) of this section is a Class A misdemeanor.(B) A violation of subdivision (a)(1) of this section is a Class D felony if the person has previously:(i) B…
Ark. Code Ann. § 5-73-120 Carrying a weapon
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(a) A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to attempt to unlawfully employ the handgun, knife, or …
Ark. Code Ann. § 5-73-121 [Repealed.]
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A.C.A. § 5-73-121Current 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. § 5-73-122 Carrying a firearm in publicly owned buildings or facilities
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(a) (1) Except as provided in § 5-73-322, § 5-73-306(5), § 16-21-147, and this section, it is unlawful for a person other than a law enforcement officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state or any city or county, a mem…
Ark. Code Ann. § 5-73-123 [Repealed.]
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A.C.A. § 5-73-123Current 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. § 5-73-124 Tear gas — Pepper spray
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(a) (1) Except as otherwise provided in this section, any person who knowingly carries or has in his or her possession any tear gas or pepper spray in any form, or any person who knowingly carries or has in his or her possession any gun, bomb, grenade, cartridge, or other weapon …
Ark. Code Ann. § 5-73-125 Interstate sale and purchase of shotguns, rifles, and ammunition
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(a) The sale of shotguns and rifles and ammunition in this state to residents of other states is authorized under regulations issued by the United States Attorney General under the Gun Control Act of 1968, 18 U.S.C. § 921 et seq., as in effect on January 1, 2009. (b) A resident o…
Ark. Code Ann. § 5-73-126 Booby traps
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(a) It is unlawful for any person to install or maintain a booby trap upon his or her own property or any other person's property. (b) As used in this section, “booby trap” means a device designed to cause death or serious physical injury to a person. (c) Any person who pleads gu…
Ark. Code Ann. § 5-73-127 [Repealed.]
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A.C.A. § 5-73-127Current 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. § 5-73-128 Offenses upon property of public schools
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(a) (1) The court shall prepare and transmit to the Department of Finance and Administration an order of denial of driving privileges for a person within twenty-four (24) hours after the plea or finding, if a person who is less than nineteen (19) years of age at the time of the c…
Ark. Code Ann. § 5-73-129 Furnishing a handgun or a prohibited weapon to a felon
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(a) A person commits the offense of furnishing a handgun to a felon if he or she sells, barters, leases, gives, rents, or otherwise furnishes a handgun to a person whom he or she knows has been found guilty of or pleaded guilty or nolo contendere to a felony. (b) A person commits…
Ark. Code Ann. § 5-73-130 Seizure and forfeiture of firearm — Seizure and forfeiture of motor vehicle — Disposition of property seized
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(a) If a person under eighteen (18) years of age is unlawfully in possession of a firearm, the firearm shall be seized and, after an adjudication of delinquency or a conviction, is subject to forfeiture. (b) If a felon or a person under eighteen (18) years of age is unlawfully in…
Ark. Code Ann. § 5-73-131 Possession or use of weapons by incarcerated persons
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(a) A person commits the offense of possession or use of weapons by incarcerated persons if, without approval of custodial authority he or she uses, possesses, makes, repairs, sells, or otherwise deals in any weapon, including, but not limited to, any bomb, firearm, knife, or oth…
Ark. Code Ann. § 5-73-132 Sale, rental, or transfer of firearm to person prohibited from possessing firearms
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(a) A person shall not sell, rent, or transfer a firearm to any person whom he or she knows is prohibited by state or federal law from possessing the firearm. (b) (1) Violation of this section is a Class A misdemeanor, unless the firearm is:(A) A handgun;(B) An explosive or incen…
Ark. Code Ann. § 5-73-133 Possession of a taser stun gun
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(a) As used in this section, “taser stun gun” means any device that:(1) Is powered by an electrical charging unit such as a battery; and(2) Either:(A) Emits an electrical charge in excess of twenty thousand (20,000) volts; or(B) Is otherwise capable of incapacitating a person by …
Ark. Code Ann. § 5-73-201 Title
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This subchapter may be cited as the “Uniform Machine Gun Act”.
Ark. Code Ann. § 5-73-202 Definitions
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(1) As used in this subchapter:(1) “Crime of violence” means any of the following crimes or an attempt to commit any of them:(A) Murder;(B) Manslaughter;(C) Kidnapping;(D) Rape;(E) Mayhem;(F) Assault to do great bodily harm;(G) Robbery;(H) Burglary;(I) Housebreaking;(J) Breaking …
Ark. Code Ann. § 5-73-203 Uniformity of interpretation
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This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Ark. Code Ann. § 5-73-204 Possession or use for offensive or aggressive purposes unlawful
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Possession or use of a machine gun for offensive or aggressive purpose is declared to be a crime punishable by imprisonment in the state penitentiary for a term of not less than ten (10) years.
Ark. Code Ann. § 5-73-205 Presumption of offensive or aggressive purpose
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(a) Possession or use of a machine gun is presumed to be for an offensive or aggressive purpose:(1) When the machine gun is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun may be found;(2) W…
Ark. Code Ann. § 5-73-206 Evidence of possession or use
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The presence of a machine gun in any room, boat, or vehicle is evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle where the machine gun is found.
Ark. Code Ann. § 5-73-207 Manufacture for military, nonaggressive, or nonoffensive use
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(1) Nothing contained in this subchapter prohibits or interferes with:(1) The manufacture for and sale of machine guns to the military forces or the peace officers of the United States or of any political subdivision of the United States, or the transportation required for that p…
Ark. Code Ann. § 5-73-208 Registration by manufacturers
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(a) Every manufacturer shall keep a register of all machine guns manufactured or handled by the manufacturer. (b) This register shall show:(1) The model and serial number, date of manufacture, sale, loan, gift, delivery, or receipt, of every machine gun, the name, address, and oc…