Title 5 — Criminal Offenses
54 chapters · 1,112 sections in this title.
Ark. Code Ann. § 5-27-227 Providing minors with tobacco products, vapor products, alternative nicotine products, e-liquid products, and cigarette papers — Purchase, use, or possession prohibited — Self-service displays prohibited — Placement of tobacco vending machines
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(a) (1) It is unlawful for any person to give, barter, or sell to a minor:(A) Tobacco in any form;(B) Cigarette paper; or(C) A vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product.(2)…
Ark. Code Ann. § 5-27-228 [Repealed.]
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A.C.A. § 5-27-228Current 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. § 5-27-229 Soliciting money or property from incompetent persons
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(a) It is unlawful for any person to:(1) Solicit money or property from another person the person knows or should have reason to know is an incompetent person or is a person with diminished mental capacity; and(2) Cause that incompetent person or person with diminished mental cap…
Ark. Code Ann. § 5-27-230 Exposing a child to a chemical substance or methamphetamine
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(a) As used in this section:(1) (A) “Chemical substance” means a substance intended to be used as a precursor in the manufacture of methamphetamine, or any other chemical intended to be used in the manufacture of methamphetamine.(B) Intent may be demonstrated by the substance's:(…
Ark. Code Ann. § 5-27-233 [Repealed.]
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A.C.A. § 5-27-233Current 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. § 5-27-234 Harboring an endangered runaway minor
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(a) A person commits the offense of harboring an endangered runaway minor if he or she knowingly harbors a minor who is an endangered runaway minor for a period of at least seventy-two (72) hours. (b) Harboring an endangered runaway minor is a:(1) Class A misdemeanor for a first …
Ark. Code Ann. § 5-27-301 Title
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This subchapter may be cited as the “Arkansas Protection of Children Against Exploitation Act of 1979”.
Ark. Code Ann. § 5-27-302 Definitions
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(1) As used in this subchapter:(1) “Adversarial testing” means red teaming or another activity or exercise conducted in a controlled environment and in collaboration with an artificial intelligence developer to identify a potential adverse behavior or outcome of a model or system…
Ark. Code Ann. § 5-27-303 Engaging children in sexually explicit conduct for use in visual or print medium
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(a) Any person eighteen (18) years of age or older who employs, uses, persuades, induces, entices, or coerces any child to engage in or who has a child assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual or print medium depic…
Ark. Code Ann. § 5-27-304 Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child
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(a) With knowledge of the character of the visual or print medium involved, no person shall do any of the following:(1) Knowingly advertise for sale or distribution, sell, distribute, transport, ship, exhibit, display, or receive for the purpose of sale or distribution any visual…
Ark. Code Ann. § 5-27-305 Transportation of minors for prohibited sexual conduct
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(a) A person commits the offense of transportation of a minor for prohibited sexual conduct if the person transports, finances in whole or part the transportation of, or otherwise causes or facilitates the movement of any minor, and the actor:(1) Knows or has reason to know that …
Ark. Code Ann. § 5-27-306 Internet stalking of a child
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(a) A person commits the offense of internet stalking of a child if the person being twenty-one (21) years of age or older knowingly uses a computer online service, internet service, local internet bulletin board service, or any means of electronic communication to:(1) Seduce, so…
Ark. Code Ann. § 5-27-307 Sexually grooming a child
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(a) As used in this section:(1) “Bribe” means to offer or bestow any property, gift, good, or service or to withhold any property, gift, good or service with the purpose of garnering acceptance, cooperation, or compliance; and(2) “Disseminates” means to allow to view, expose, fur…
Ark. Code Ann. § 5-27-308 Possession, manufacture, transport, or distribution of child sex doll
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(a) As used in this section, “child sex doll” means an anatomically correct or anatomically precise doll, mannequin, or robot that may consist of an entire body, or may consist of only a pelvis or any other body part, with features of, or with features that resemble, those of a m…
Ark. Code Ann. § 5-27-401 Definitions
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(1) As used in this subchapter:(1) “Performance” means any play, dance, act, drama, piece, interlude, pantomime, show, scene, or other three-dimensional presentation or a part of a play, dance, act, drama, piece, interlude, pantomime, show, scene, or other three-dimensional prese…
Ark. Code Ann. § 5-27-402 Employing or consenting to the use of a child in a sexual performance
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(a) It is unlawful for a person, knowing the character and content of the performance, to employ, authorize, or induce a child under eighteen (18) years of age to engage in a sexual performance. (b) It is also unlawful for a parent or legal guardian or custodian of a child under …
Ark. Code Ann. § 5-27-403 Producing, directing, or promoting a sexual performance by a child
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(a) It is unlawful for a person, knowing the character and content of the material, to produce, direct, or promote a performance that includes sexual conduct by a child under eighteen (18) years of age. (b) A person who violates this section upon conviction is guilty of a Class Y…
Ark. Code Ann. § 5-27-404 Good faith defense
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It is an affirmative defense to a prosecution under this subchapter that the defendant in good faith reasonably believed that the person who engaged in the sexual conduct was eighteen (18) years of age or older.
Ark. Code Ann. § 5-27-405 Determination of age of person
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(1) When it becomes necessary for purposes of this subchapter to determine whether a person who participated in sexual conduct was a child under eighteen (18) years of age, the court or jury may make this determination by any of the following methods:(1) Personal inspection of th…
Ark. Code Ann. § 5-27-501 Purposes
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(a) The primary purpose of this subchapter is to prohibit the production, sale, or distribution of a fraudulent or altered identification document to a person under twenty-one (21) years of age to prevent the use of the fraudulent or altered identification document to unlawfully …
Ark. Code Ann. § 5-27-502 Manufacturing or altering personal identification document unlawful
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(a) It is unlawful for a person to:(1) Manufacture or produce a fraudulent personal identification document for the purpose of providing a person under twenty-one (21) years of age identification that can be used for the purpose of purchasing an alcoholic beverage or other substa…
Ark. Code Ann. § 5-27-503 Possession of fraudulent or altered personal identification document unlawful
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(a) It is unlawful for:(1) A person to possess a fraudulent or altered personal identification document for the purpose of providing a person under twenty-one (21) years of age identification that can be used for the purpose of purchasing an alcoholic beverage or other substance …
Ark. Code Ann. § 5-27-504 Denial of driving privileges
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(a) (1) If a minor pleads guilty, nolo contendere, or is found guilty of violation of § 5-27-503, or is found by a juvenile division of circuit court to have committed a violation of § 5-27-503, the court shall prepare and transmit to the Department of Finance and Administration …
Ark. Code Ann. § 5-27-601 Determination of age of person
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(1) As used in this subchapter:(1) “Adversarial testing” means red teaming or another activity or exercise conducted in a controlled environment and in collaboration with an artificial intelligence developer to identify a potential adverse behavior or outcome of a model or system…
Ark. Code Ann. § 5-27-602 Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child
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(a) A person commits distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child if the person knowingly:(1) Receives for the purpose of selling or knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, t…
Ark. Code Ann. § 5-27-603 Electronic facilitation of child sexual abuse
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(a) A person commits electronic facilitation of child sexual abuse if the person knowingly:(1) Compiles, enters into, or transmits by means of computer, makes, prints, publishes, or reproduces by other computerized means, knowingly causes or allows to be entered into or transmitt…
Ark. Code Ann. § 5-27-604 Failure to report the existence of child sexual abuse material
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(a) A person commits failure to report the existence of child sexual abuse material if the person:(1) Is the owner, operator, or employee of an online computer service, internet service, or bulletin board service; and(2) Knowingly fails to notify a law enforcement official that a…
Ark. Code Ann. § 5-27-605 Computer exploitation of a child
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(a) (1) A person commits computer exploitation of a child in the first degree if the person:(A) Causes or permits a child to engage in sexually explicit conduct; and(B) Knows, has reason to know, or intends that the prohibited conduct may be:(i) Photographed;(ii) Filmed;(iii) Rep…
Ark. Code Ann. § 5-27-606 Jurisdiction
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For the purpose of determining jurisdiction, a person is subject to prosecution in this state for any conduct proscribed by this subchapter if the transmission that constitutes the offense either originates in this state or is received in this state.
Ark. Code Ann. § 5-27-607 Determination of age of person
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(a) For purposes of this subchapter, the state must prove beyond a reasonable doubt that a person who is depicted as or presents the appearance of being under eighteen (18) years of age in any photograph, film, videotape, computer program or file, video game, or any other reprodu…
Ark. Code Ann. § 5-27-608 Applicability of this subchapter to interactive computer service and electronic mail service providers
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An interactive computer service or electronic mail service provider does not violate this subchapter when the interactive computer service or electronic mail service provider is an intermediary between the sender and the recipient in the transmission of an electronic mail that vi…
Ark. Code Ann. § 5-27-609 Possession of sexually explicit digital material
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(a) As used in this section:(1) “Nudity” means a:(A) Showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering;(B) Showing of the female breast with less than fully opaque covering of any portion of the female breast below the to…
Ark. Code Ann. § 5-27-610 Unlawful doxxing of minor on social media platform
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(a) As used in this section:(1) “Communication” means the electronic communication of information of a person's choosing between or among points specified by the person without change in the form of the content of the information as sent and received;(2) “Doxxes” means to publish…
Ark. Code Ann. § 5-28-101 Definitions
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(1) As used in this chapter:(1) “Abuse” means:(A) Any purposeful and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person;(B) Any purposeful or demeaning act that a reasonable person would believe subjects an endangered per…
Ark. Code Ann. § 5-28-102 Legislative intent
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The General Assembly recognizes that the state must provide for the detection, correction, and prosecution of the maltreatment of adults.
Ark. Code Ann. § 5-28-103 Criminal penalties for abuse of an endangered or impaired person
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(a) It is unlawful for any person or caregiver to abuse, neglect, or exploit any endangered person or impaired person subject to protection under a provision of this chapter. (b) (1) If the abuse causes serious physical injury or a substantial risk of death, any person or caregiv…
Ark. Code Ann. § 5-28-104 Privilege not grounds for exclusion of evidence
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Any privilege between a husband and a wife or between any professional person, including, but not limited to, a physician, member of the clergy, counselor, hospital, clinic, rest home, or nursing home, and his or her or its client, except between a lawyer and a client, does not c…
Ark. Code Ann. § 5-28-105 Spiritual treatment alone not abusive
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(1) Nothing in this chapter shall be construed to imply that a reported adult endangered person or adult impaired person, who is being furnished with treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious …
Ark. Code Ann. § 5-28-106 [Repealed.]
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A.C.A. § 5-28-106Current 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. § 5-28-107 Investigation by Attorney General and Department of Human Services — Purpose, process, and procedure
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(a) The office of the Attorney General has concurrent jurisdiction with local law enforcement agencies and the Department of Human Services to investigate cases of suspected adult maltreatment of an adult endangered person or an adult impaired person residing in a board and care …
Ark. Code Ann. § 5-28-108 Special deputy prosecutor
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(a) An attorney employed in the office of the Attorney General may be designated by a prosecuting attorney having criminal jurisdiction in a matter as a special deputy prosecutor for the purpose of prosecuting in a court of competent jurisdiction an action brought under this chap…
Ark. Code Ann. § 5-28-109 [Repealed.]
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A.C.A. § 5-28-109Current 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. § 5-28-110 Penalties for violation of § 12-12-1701 et seq
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(a) Any person or caregiver required by the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq., to report a case of suspected adult maltreatment or long-term care facility resident maltreatment who purposely fails to do so is:(1) Guilty of a Class B…
Ark. Code Ann. § 5-28-201 [Repealed.]
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A.C.A. § 5-28-201Current 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. § 5-28-202 [Transferred.]
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A.C.A. § 5-28-202Current 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. § 5-28-210 [Repealed.]
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A.C.A. § 5-28-210Current 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. § 5-29-201 Title
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This subchapter shall be known and may cited as the “Vulnerable Person Protection Act”.
Ark. Code Ann. § 5-29-202 Definitions
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(1) As used in this subchapter:(1) “Abuses” means any act or omission that causes or is likely to cause the following to a vulnerable person:(A) Mental anguish, physical pain, or physical injury;(B) Unlawful sexual contact or sexual contact induced by fear of retribution or hards…
Ark. Code Ann. § 5-29-203 Abuse of a vulnerable person
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(a) A person commits abuse of a vulnerable person if, being a healthcare provider or caregiver, he or she purposely abuses a vulnerable person under his or her care or to whom he or she has access due to his or her position as a healthcare provider or caregiver. (b) Abuse of a vu…
Ark. Code Ann. § 5-29-204 Neglect of a vulnerable person
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(a) A person commits neglect of a vulnerable person if, being a healthcare provider or caregiver, he or she purposely neglects a vulnerable person under his or her care or to whom he or she has access due to his or her position as a healthcare provider or caregiver. (b) Neglect o…