Title 5 — Criminal Offenses

(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…

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.

(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…

(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…

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.

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…

(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…

(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…

(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…

(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…

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

(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…

(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…

(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…

(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…

(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…

(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…

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.

(a) Any seized property shall be returned to the rightful owner or possessor of the seized property except contraband owned by a defendant. (b) (1) As used in this section, “contraband” means any:(A) Article possessed under a circumstance prohibited by law;(B) Weapon or other ins…

When a statute not a part of the Arkansas Criminal Code specifies a procedure for the disposition or destruction of a particular type of seized property, the seized property shall be disposed of or destroyed in accordance with that statute.

(a) Upon conviction, any conveyance, including an aircraft, motor vehicle, or vessel, is subject to forfeiture under this subchapter if it is used in the commission or attempt of:(1) A burglary;(2) A robbery;(3) A theft; or(4) An arson. (1) A burglary; (2) A robbery; (3) A theft;…

(a) A conveyance subject to forfeiture under this subchapter may be seized by any law enforcement agent upon process issued by any circuit court having jurisdiction over the conveyance upon a petition filed by the prosecuting attorney of the judicial district. (b) Seizure without…

(a) When a conveyance is seized under this subchapter, the conveyance shall remain in the custody of the seizing law enforcement agency. (b) (1) The conveyance is not subject to replevin.(2) However, the conveyance is subject only to an order or decree of the circuit court having…

(a) (1) (A) Upon conviction and a hearing, when the circuit court having jurisdiction over the conveyance seized finds by a preponderance of the evidence that a ground for a forfeiture exists under this subchapter, the circuit court may enter an order to sell the conveyance.(B) A…

(1) As used in this subchapter:(1) (A) “Contraband property” means property of any nature, including personal property, tangible property, or intangible property.(B) “Contraband property” does not include real property;(2) “Livestock” means:(A) Cattle or swine or a sheep, goat, h…

(a) The following property is subject to forfeiture pursuant to this subchapter:(1) Contraband property used or intended to be used in the commission of theft of livestock;(2) The proceeds gained from the commission of theft of livestock;(3) Personal property acquired with procee…

(a) (1) The prosecuting attorney of the judicial district within whose jurisdiction there is property that is sought to be forfeited pursuant to § 5-5-302 shall promptly proceed against the property by filing in the circuit court having jurisdiction of the property a petition for…

(a) Subject to the provisions of subsection (c) of this section, if property forfeited pursuant to § 5-5-302 is harmful to the public health or is required by law to be destroyed, the law enforcement agency to which the property is forfeited shall:(1) Require the sheriff of the c…

(a) The proceeds of any sale pursuant to § 5-5-304 and any moneys forfeited pursuant to § 5-5-302 shall be applied to payment of the:(1) Balance due on any lien preserved by the circuit court in the forfeiture proceeding;(2) Cost incurred by the seizing law enforcement agency in …

(a) If more than one (1) law enforcement agency is substantially involved in effecting a forfeiture pursuant to § 5-5-302, the circuit court having jurisdiction over the forfeiture proceeding shall equitably distribute the property among the law enforcement agencies. (b) Any forf…

As used in this subchapter, “weapon” means any firearm, bomb, explosive, metal knuckles, sword, spear, or other device employed as an instrument of crime by subjecting another to physical harm or fear of physical harm. As used in this subchapter, “weapon” means any firearm, bomb,…

(a) (1) Notwithstanding any other provision of this chapter, a weapon or ammunition seized by any agency of the State of Arkansas or any local law enforcement agency in the state, and that is forfeited pursuant to law, may be transferred to the State Crime Laboratory.(2) However,…

(1) The State Crime Laboratory may:(1) Receive a weapon or ammunition pursuant to this subchapter; and(2) Use a weapon or ammunition received pursuant to this subchapter for:(A) Testing;(B) Training;(C) Data compilation; or(D) Such other appropriate purposes as are determined by …

(a) (1) When any weapon or ammunition is transferred and delivered to the State Crime Laboratory, the laboratory shall provide a receipt to be signed by the transferor or donor and the laboratory officer or employee accepting the weapon or ammunition.(2) The receipt shall contain…

When the Director of the State Crime Laboratory determines that any weapon or ammunition transferred or donated pursuant to a provision of this subchapter is no longer useful to the State Crime Laboratory, the weapon, piece of weapon, or ammunition shall be destroyed.

(a) An arresting law enforcement officer may impound the motor vehicle of a person arrested if:(1) The motor vehicle was used in the commission of an offense under § 5-70-101 et seq. by the person arrested;(2) The person arrested is the owner of the motor vehicle or the motor veh…

(a) In addition to any other civil or criminal penalties provided by law, real or personal property used in the commission of a violation of the Human Trafficking Act of 2013, § 5-18-101 et seq., shall be forfeited as provided in this subchapter. (b) Upon conviction for a violati…

(a) (1) Real or personal property used in furtherance of a violation of the Human Trafficking Act of 2013, § 5-18-101 et seq., shall not be forfeited under this section unless the real or personal property was used with the owner's knowledge.(2) If the confiscating authority has …

(a) Real or personal property subject to forfeiture under this subchapter may be seized by any law enforcement agent upon process issued by any circuit court having jurisdiction over the real or personal property on petition filed by the prosecuting attorney of the judicial circu…

(a) A state or local law enforcement agency shall not transfer real or personal property seized by the state or local law enforcement agency to any federal entity for forfeiture under federal law unless the circuit court having jurisdiction over the property enters an order, upon…

(a) Real or personal property seized for forfeiture under this subchapter is not subject to replevin, but is deemed to be in the custody of the seizing law enforcement agency subject only to an order or decree of the circuit court having jurisdiction over the property seized. (b)…