Title 5 — Criminal Offenses
54 chapters · 1,112 sections in this title.
Ark. Code Ann. § 5-18-108 Enhanced liability — Certain conditions
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(1) A person convicted of an offense under this chapter may be subject to an enhanced sentence of an additional term of imprisonment not to exceed five (5) years if the person recruited, enticed, or obtained a trafficked person from:(1) A shelter or facility operating as a reside…
Ark. Code Ann. § 5-18-109 Unlawful use of a communication device during the commission of a human trafficking offense
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(a) (1) As used in this section, “communication device” means any public or private instrumentality used or useful in the transmission of a writing, sign, signal, picture, or sound of any kind.(2) “Communication device” includes without limitation mail, telephone, wire, radio, an…
Ark. Code Ann. § 5-25-101 Definitions
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(1) As used in this subtitle:(1) “Adult” means any person eighteen (18) years of age or older;(2) “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) …
Ark. Code Ann. § 5-26-201 Bigamy
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(a) A person commits bigamy if, being married, he or she purports to marry another person. (b) It is an affirmative defense to a prosecution under this section that at the time of the alleged offense the actor:(1) Reasonably believed that the prior spouse was dead;(2) Had lived a…
Ark. Code Ann. § 5-26-202 Incest
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(a) A person commits incest if the person, being sixteen (16) years of age or older, purports to marry, has sexual intercourse with, or engages in deviate sexual activity with another person sixteen (16) years of age or older whom the actor knows to be:(1) An ancestor or a descen…
Ark. Code Ann. § 5-26-203 Concealing birth
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(a) A person commits the offense of concealing birth if he or she hides the corpse of a newborn child with purpose to conceal the fact of the child's birth or to prevent a determination of whether the child was born alive. (b) Concealing birth is a Class D felony.
Ark. Code Ann. § 5-26-204 Unlawful solicitation for the relinquishment of parental rights
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(a) (1) A person commits the offense of unlawful solicitation for the relinquishment of parental rights in the first degree if in exchange for consenting to the person's or another person's placing a baby who is not yet born for adoption the person offers anything of value prohib…
Ark. Code Ann. § 5-26-301 Legislative intent
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To the extent that any protected class of persons defined under this subchapter is afforded protection by any other existing or future statute of this state, this subchapter does not prevent a prosecution under any such existing or future statute.
Ark. Code Ann. § 5-26-302 Definitions
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(1) As used in this subchapter:(1) (A) “Dating relationship” means a romantic or intimate social relationship between two (2) individuals that is determined by examining the following factors:(i) The length of the relationship;(ii) The type of the relationship; and(iii) The frequ…
Ark. Code Ann. § 5-26-303 Domestic battering in the first degree
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(a) A person commits domestic battering in the first degree if:(1) With the purpose of causing serious physical injury to a family or household member, the person causes serious physical injury to a family or household member by means of a deadly weapon;(2) With the purpose of se…
Ark. Code Ann. § 5-26-304 Domestic battering in the second degree
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(a) A person commits domestic battering in the second degree if:(1) With the purpose of causing physical injury to a family or household member, the person causes serious physical injury to a family or household member;(2) With the purpose of causing physical injury to a family o…
Ark. Code Ann. § 5-26-305 Domestic battering in the third degree
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(a) A person commits domestic battering in the third degree if:(1) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member;(2) The person recklessly causes physical injury to a family or househ…
Ark. Code Ann. § 5-26-306 Aggravated assault on a family or household member
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(a) A person commits aggravated assault on a family or household member if, under circumstances manifesting extreme indifference to the value of human life, the person purposely:(1) Engages in conduct that creates a substantial danger of death or serious physical injury to a fami…
Ark. Code Ann. § 5-26-308 Second degree assault on family or household member
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(a) A person commits second degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of physical injury to a family or household member. (b) Second degree assault on a family or household member is a Class B misdem…
Ark. Code Ann. § 5-26-309 Third degree assault on a family or household member
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(a) A person commits third degree assault on a family or household member if the person purposely creates apprehension of imminent physical injury to a family or household member. (b) Third degree assault on a family or household member is a Class C misdemeanor.
Ark. Code Ann. § 5-26-310 Costs
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(a) The abused in any misdemeanor or felony domestic violence offense shall not bear the costs associated with the filing of a criminal charge against the domestic violence offender or the costs associated with the issuance or service of a warrant and witness subpoena, except as …
Ark. Code Ann. § 5-26-311 Residential confinement in home of victim prohibited
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In a case involving domestic or family violence, a court shall not order residential confinement as a condition of bond or probation for a defendant in any household shared by the defendant and the alleged victim.
Ark. Code Ann. § 5-26-312 Determination of pregnancy
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For purposes of § 5-26-303(b)(2), § 5-26-304(b)(2), and § 5-26-305(b)(2), a woman is considered pregnant four (4) weeks after conception.
Ark. Code Ann. § 5-26-313 Notice
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A person who is convicted of any misdemeanor of domestic violence shall be notified by the court that it is unlawful for the person to ship, transport, or possess a firearm or ammunition pursuant to 18 U.S.C. § 922(g)(8) and (9), as they existed on January 1, 2007.
Ark. Code Ann. § 5-26-314 Unlawful distribution of an intimate image
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(a) As used in this section:(1) “Identifiable” means recognizable as a specific person by:(A) The person's face, likeness, or other distinguishing characteristic; or(B) Any additional information that states the identity or purported identity of the person; and(2) “Intimate image…
Ark. Code Ann. § 5-26-401 Nonsupport
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(a) A person commits the offense of nonsupport if he or she fails to provide support to the person's:(1) Spouse who is physically or mentally infirm or financially dependent;(2) Legitimate child who is less than eighteen (18) years of age;(3) Illegitimate child who is less than e…
Ark. Code Ann. § 5-26-410 Jurisdiction
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(a) When any person is liable to be prosecuted under § 5-26-401, he or she may be indicted, tried, and convicted in:(1) The county where the violation of § 5-26-401 originally occurred;(2) Any county where he or she might be apprehended; or(3) The county where the injured spouse …
Ark. Code Ann. § 5-26-411 Evidence of marriage and parentage — Spouse as witness
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(a) No other evidence is required to prove marriage of a husband and wife or that the defendant is the lawful parent of a legitimate child or has acknowledged paternity of an illegitimate child than is required to prove this fact in a civil action. (b) The spouse and parent is a …
Ark. Code Ann. § 5-26-412 Payment of fine to spouse or guardian
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When a fine is imposed a court may direct that it be paid in whole or in part to a spouse or to a guardian or custodian of a child.
Ark. Code Ann. § 5-26-413 Temporary support order
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(1) At any time before a trial or pending appeal, upon motion of a complainant and upon notice to the defendant, the court may:(1) Enter a temporary support order as it deems just, providing for the support of a neglected spouse or child, pendente lite; and(2) Punish for violatio…
Ark. Code Ann. § 5-26-414 Order for periodic payments — Release of defendant on own recognizance
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(a) In its discretion, the original trial court may:(1) Order a defendant who violates § 5-26-401 to pay a certain sum periodically, for a time not to exceed one (1) year, to the spouse or to the guardian or custodian of a child; and(2) Release the defendant from custody upon the…
Ark. Code Ann. § 5-26-415 Times when periodic payments may be authorized
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(1) The original trial court may issue the order provided in § 5-26-414:(1) Before the trial, with the consent of the defendant;(2) At the trial, on entry of plea of guilty; or(3) After conviction, in lieu of a penalty provided in § 5-26-401 or in addition to a penalty provided i…
Ark. Code Ann. § 5-26-416 Violation of order — Forfeiture of recognizance
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(a) When the original trial court is satisfied by information and proof under oath that any time during the year the defendant has violated a term of its order, the original trial court shall proceed with the trial of the defendant under the original conviction, or enforce the or…
Ark. Code Ann. § 5-26-501 Interference with visitation
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(a) (1) A person commits the offense of interference with visitation if, knowing that he or she has no lawful right to do so, he or she takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of visitation with the minor.(2) A person cl…
Ark. Code Ann. § 5-26-502 Interference with court-ordered custody
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(a) A person commits the offense of interference with court-ordered custody if the person:(1) Knowing that he or she has no lawful right to do so, takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of custody of the minor;(2) Witho…
Ark. Code Ann. § 5-26-503 Interference with custody
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(a) A person commits the offense of interference with custody if without lawful authority he or she knowingly takes, entices, or keeps, or aids, abets, hires, or otherwise procures another person to take, entice, or keep any minor from the custody of:(1) The parent of the minor i…
Ark. Code Ann. § 5-27-201 Endangering the welfare of an incompetent person in the first degree
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(a) A person commits the offense of endangering the welfare of an incompetent person in the first degree if, being a parent, guardian, person legally charged with care or custody of an incompetent person, or a person charged with supervision of an incompetent person, he or she pu…
Ark. Code Ann. § 5-27-202 Endangering the welfare of an incompetent person in the second degree
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(a) (1) A person commits the offense of endangering the welfare of an incompetent person in the second degree if he or she knowingly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be an incompeten…
Ark. Code Ann. § 5-27-203 Endangering the welfare of an incompetent person in the third degree
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(a) (1) A person commits the offense of endangering the welfare of an incompetent person in the third degree if the person recklessly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be an incompete…
Ark. Code Ann. § 5-27-204 [Transferred.]
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A.C.A. § 5-27-204Current 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. § 5-27-205 Endangering the welfare of a minor in the first degree
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(a) A person commits the offense of endangering the welfare of a minor in the first degree if, being a parent, guardian, person legally charged with care or custody of a minor, or a person charged with supervision of a minor, he or she purposely:(1) Engages in conduct creating a …
Ark. Code Ann. § 5-27-206 Endangering the welfare of a minor in the second degree
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(a) (1) A person commits the offense of endangering the welfare of a minor in the second degree if he or she knowingly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of another person known by the person to be a minor.(2) As used …
Ark. Code Ann. § 5-27-207 Endangering the welfare of a minor in the third degree
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(a) (1) A person commits the offense of endangering the welfare of a minor in the third degree if the person recklessly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be a minor.(2) As used in thi…
Ark. Code Ann. § 5-27-208 Offensive relations with a child
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(a) A person commits offensive relations with a child if:(1) Being twenty-one (21) years of age or older, he or she knowingly places his or her open mouth on the mouth of another person;(2) The other person is a child thirteen (13) years of age or younger; and(3) The person has t…
Ark. Code Ann. § 5-27-209 Contributing to the delinquency of a minor
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(a) A person commits the offense of contributing to the delinquency of a minor if, being an adult, the person knowingly aids, causes, or encourages a minor to:(1) Do any act prohibited by law;(2) Do any act that if done by an adult would render the adult subject to a prosecution …
Ark. Code Ann. § 5-27-210 Parental responsibility for student's firearm possession
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(a) As used in this section:(1) “Firearm” means:(A) Any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use, including such a device that is not loaded or lacks a clip or other component to render it …
Ark. Code Ann. § 5-27-211 Re-homing of an adopted minor
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(a) As used in this section:(1) “Adopted minor” means a person who is:(A) Less than eighteen (18) years of age; and(B) The subject of an adoption decree that is valid under the law of this state or another state, or foreign or international law; and(2) “Relative” means a person w…
Ark. Code Ann. § 5-27-212 Furnishing a harmful item to a minor
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(a) As used in this section:(1) “Harmful to minors” means the same as defined in § 5-68-501;(2) “Internet” means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of c…
Ark. Code Ann. § 5-27-220 Contributing to the delinquency of a juvenile
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(a) A person is guilty of a Class A misdemeanor if the person willfully causes, aids, or encourages any minor to do or perform any act which, if done or performed, would make the minor a delinquent juvenile or juvenile in need of supervision within the meaning of this section and…
Ark. Code Ann. § 5-27-221 Permitting abuse of a minor
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(a) A person commits the offense of permitting abuse of a minor if, being a parent, guardian, or person legally charged with the care or custody of a minor, he or she recklessly fails to take action to prevent the abuse of a minor. (b) It is a defense to a prosecution for the off…
Ark. Code Ann. § 5-27-222 Neglect of minor resulting in delinquency
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(a) It is unlawful for a parent or person standing in loco parentis to a minor to grossly neglect a parental duty to the minor if the gross neglect:(1) Proximately results in the delinquency of the minor; or(2) Fails to correct the delinquency of the minor. (1) Proximately result…
Ark. Code Ann. § 5-27-223 [Repealed.]
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A.C.A. § 5-27-223Current 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. § 5-27-224 [Repealed.]
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A.C.A. § 5-27-224Current 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. § 5-27-225 [Repealed.]
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A.C.A. § 5-27-225Current 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. § 5-27-226 [Repealed.]
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A.C.A. § 5-27-226Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved