Title 5 — Criminal Offenses

(a) Real or personal property seized by a state or local law enforcement officer who is attached to, deputized or commissioned by, or working in conjunction with a federal agency remains subject to the provisions of this section. (b) (1) When real or personal property is seized f…

(a) (1) A prosecuting attorney shall initiate a forfeiture proceeding under this subchapter by filing a complaint with the circuit clerk of the county where the real or personal property was seized and by serving the complaint on all known owners and interest holders of the seize…

(a) When a circuit court having jurisdiction over real or personal property seized under this subchapter finds that grounds for a forfeiture exist and the burden of proof has been met under § 5-5-607, the circuit court shall enter an order:(1) Permitting the law enforcement agenc…

(a) (1) Subject to the provisions of § 5-5-606, the proceeds of sales conducted pursuant to § 5-5-608 and any moneys forfeited or obtained by judgment or settlement under this subchapter shall be deposited and distributed in the manner set forth in this section.(2) Moneys receive…

(a) In personam jurisdiction may be based on a defendant's presence in the state, or on his or her conduct in the state, as set out in § 16-4-101(B), and is subject to the provisions of subsection (b) of this section. (b) (1) A temporary restraining order under this section may b…

(1) The circuit court shall order the forfeiture of any other real or personal property of an owner or defendant up to the value of the owner's or defendant's real or personal property found by the circuit court to be subject to forfeiture under this subchapter if any of the forf…

(a) There shall be no civil judgment under this subchapter and no property shall be forfeited unless the person from whom the property is seized is convicted of a felony offense under the Human Trafficking Act of 2013, § 5-18-101 et seq., that related to the property being seized…

(a) A person commits capital murder if:(1) Acting alone or with one (1) or more other persons:(A) The person commits or attempts to commit:(i) Terrorism, as defined in § 5-54-205;(ii) Rape, § 5-14-103;(iii) Capital rape, § 5-14-114;(iv) Kidnapping, § 5-11-102;(v) Vehicular piracy…

(a) A person commits murder in the first degree if:(1) Acting alone or with one (1) or more other persons:(A) The person commits or attempts to commit a felony or a violation of the Uniform Controlled Substances Act, §§ 5-64-101 — 5-64-508, involving an actual delivery of a contr…

(a) A person commits murder in the second degree if:(1) The person knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; or(2) With the purpose of causing serious physical injury to another person, the person…

(a) A person commits manslaughter if:(1) (A) The person causes the death of another person under circumstances that would be murder, except that he or she causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse.(B) The reasonable…

(a) (1) A person commits negligent homicide if he or she negligently causes the death of another person, not constituting murder or manslaughter, as a result of operating a vehicle, an aircraft, or a watercraft:(A) While intoxicated;(B) (i) If at that time there is an alcohol con…

(a) (1) As used in this section, “physician-assisted suicide” means a physician or healthcare provider participating in a medical procedure or knowingly prescribing any drug, compound, or substance for the express purpose of assisting a patient to intentionally end the patient's …

(a) As used in this section, “encourage” means to persuade, incite, or urge. (b) A person commits the offense of encouraging the suicide of another person if:(1) The person uses persistent language, either spoken or written, to purposely encourage another person to commit suicide…

(1) As used as this subchapter:(1) “Cocaine” includes without limitation cocaine, an analog of cocaine that is a cocaine-related controlled substance, and any chemical structure modification to cocaine or a cocaine analog, including without limitation the isomers, esters, ethers,…

(a) A person commits the offense of aggravated death by delivery if:(1) (A) He or she knowingly delivers or conveys fentanyl to another person; and(B) The injection, ingestion, inhalation, or other introduction of the fentanyl, including any adulterants or diluents, is the cause …

(a) A person commits the offense of death by delivery in the first degree if:(1) He or she knowingly delivers or conveys methamphetamine, heroin, or cocaine to another person; and(2) The injection, ingestion, inhalation, or other introduction of the methamphetamine, heroin, or co…

(a) A person commits the offense of death by delivery in the second degree if:(1) He or she knowingly delivers or conveys to another person:(A) A controlled substance that is not fentanyl, methamphetamine, heroin, or cocaine; or(B) A counterfeit substance; and(2) The injection, i…

This subchapter does not restrict or interfere with the rights and immunities provided in the Joshua Ashley-Pauley Act, § 20-13-1701 et seq.

(1) The following are not offenses under this subchapter:(1) An individual practitioner acting in the usual course of professional practice issuing a valid prescription for a controlled substance for a legitimate medical purpose;(2) A pharmacy, pharmacist, or an individual practi…

It is not a defense to a prosecution under this subchapter that a person knowingly and voluntarily consented to the injection, ingestion, inhalation, or other introduction of the controlled substance or counterfeit substance.

This subchapter and the criminal penalties provided in this subchapter are in addition to any other criminal penalty a person may be subject to under the Arkansas Criminal Code or the Uniform Controlled Substances Act, § 5-64-101 et seq.

(1) For purposes of this subchapter, possession of a controlled substance or counterfeit substance for personal use may be demonstrated through the consideration of certain factors, including without limitation:(1) The person does not possess the means to weigh, separate, or pack…

An individual who is an accomplice under § 5-2-403 to the delivery or conveyance in aggravated death by delivery, § 5-10-202, death by delivery in the first degree, § 5-10-203, or death by delivery in the second degree, § 5-10-204, is an accomplice for the purposes of an offense …

(1) As used in this chapter:(1) “Deviate sexual activity” means any act of sexual gratification involving:(A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or(B) The penetration, however slight, of the labia majora or anus of a …

(a) A person commits the offense of kidnapping if, without consent, the person restrains another person so as to interfere substantially with the other person's liberty with the purpose of:(1) Holding the other person for:(A) Ransom or reward; or(B) Any other act to be performed …

(a) A person commits the offense of false imprisonment in the first degree if, without consent and without lawful authority, the person knowingly restrains another person so as to interfere substantially with the other person's liberty in a manner that exposes the other person to…

(a) A person commits the offense of false imprisonment in the second degree if, without consent and without lawful authority, the person knowingly restrains another person so as to interfere substantially with the other person's liberty. (b) False imprisonment in the second degre…

(a) A person commits vehicular piracy if, without lawful authority, the person seizes or exercises control, by force or threat of violence, over any:(1) Aircraft occupied by an unconsenting person; or(2) Other vehicle:(A) Having a seating capacity of more than eight (8) passenger…

(a) A person commits the offense of permanent detention or restraint if, without consent and without lawful authority, the person restrains a person with the purpose of holding or concealing the other person:(1) Without ever releasing the other person; or(2) Without ever returnin…

A.C.A. § 5-11-107Current 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. § 5-11-108Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(1) As used in this chapter, “physical force” means any:(1) Bodily impact, restraint, or confinement; or(2) Threat of any bodily impact, restraint, or confinement. (1) Bodily impact, restraint, or confinement; or (2) Threat of any bodily impact, restraint, or confinement.

(a) A person commits robbery if, with the purpose of committing a felony or misdemeanor theft or resisting apprehension immediately after committing a felony or misdemeanor theft, the person employs or threatens to immediately employ physical force, or creates a circumstance that…

(a) A person commits aggravated robbery if he or she commits robbery as defined in § 5-12-102, and the person:(1) Is armed with a deadly weapon;(2) Represents by word or conduct that he or she is armed with a deadly weapon; or(3) Inflicts or attempts to inflict death or serious p…

(1) As used in this chapter:(1) “First responder” means a law enforcement officer, firefighter, emergency medical provider, or emergency management official, who is acting within the scope or course of his or her employment; and(2) (A) “Healthcare worker” means a person who is em…

(a) A person commits battery in the first degree if:(1) With the purpose of causing serious physical injury to another person, the person causes serious physical injury to any person by means of a deadly weapon;(2) With the purpose of seriously and permanently disfiguring another…

(a) A person commits battery in the second degree if:(1) With the purpose of causing physical injury to another person, the person causes serious physical injury to another person;(2) With the purpose of causing physical injury to another person, the person causes physical injury…

(a) A person commits battery in the third degree if:(1) With the purpose of causing physical injury to another person, the person causes physical injury to any person;(2) The person recklessly causes physical injury to another person;(3) The person negligently causes physical inj…

(a) A person commits aggravated assault if, under circumstances manifesting extreme indifference to the value of human life, he or she purposely:(1) Engages in conduct that creates a substantial danger of death or serious physical injury to another person;(2) Displays a firearm i…

(a) A person commits assault in the first degree if he or she:(1) Recklessly engages in conduct that creates a substantial risk of death or serious physical injury to another person; or(2) Purposely impedes or prevents the respiration of another person or the circulation of anoth…

(a) A person commits assault in the second degree if he or she recklessly engages in conduct that creates a substantial risk of physical injury to another person. (b) Assault in the second degree is a Class B misdemeanor.

(a) A person commits assault in the third degree if he or she purposely creates apprehension of imminent physical injury in another person. (b) Assault in the third degree is a Class C misdemeanor.

(a) A person commits coercion if he or she compels or induces another person to engage in conduct from which the other person has a legal right to abstain, or to abstain from engaging in conduct in which the other person has a legal right to engage, by purposeful conduct designed…

(a) A person commits abuse of an athletic contest official if, immediately prior to, during, or immediately following an interscholastic, intercollegiate, or any other organized amateur or professional athletic contest in which an athletic contest official is participating, the p…

(a) It is unlawful for any person to inject any controlled substance as defined by the Uniform Controlled Substances Act, § 5-64-101 et seq., into the human body of another person, unless the controlled substance has been ordered for the person receiving the controlled substance …

(a) A person commits aggravated assault upon a law enforcement officer or an employee of a correctional facility if:(1) Under circumstances manifesting extreme indifference to the personal hygiene of the law enforcement officer or employee of the correctional facility, the person…

(a) As used in this section:(1) “Healthcare provider” means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession;(2) “Human reproductive material” means the…

(a) A person commits aggravated assault against a first responder if:(1) The person knowingly causes physical contact with a first responder by spitting, throwing, or otherwise transferring bodily fluids, pathogens, or human waste onto the person of the first responder or by thro…

(a) As used in this section:(1) (A) “Correctional facility” means a place used for the confinement of persons charged with or convicted of an offense or otherwise confined under a court order.(B) “Correctional facility” includes the Arkansas State Hospital only in regard to perso…