Title 5, Criminal Offenses

It is no defense to a prosecution for hindering prosecution or compounding that the principal offender is not apprehended, prosecuted, convicted, or punished.

(a) A person commits the offense of refusing to assist a law enforcement officer if, upon command by a person known by him or her to be a law enforcement officer, the person unreasonably refuses or fails to assist in effecting a lawful arrest or preventing another person from com…

(a) A person commits the offense of first degree escape if:(1) At any time, including from the point of departure from confinement to the return to confinement, aided by another person actually present, he or she uses or threatens to use physical force in escaping from:(A) Custod…

(a) A person commits the offense of second degree escape if he or she:(1) At any time, including from the point of departure from confinement to the return to confinement, uses or threatens to use physical force in escaping from custody;(2) Having been found guilty of a felony, e…

(a) A person commits the offense of third degree escape if he or she escapes from custody. (b) It is a defense to a prosecution under this section that the person escaping was in custody pursuant to an unlawful arrest. (c) (1) Third degree escape is a Class C felony if, at the ti…

(a) A public servant responsible for supervision of persons detained in correctional facilities or in custody commits the offense of permitting escape in the first degree if he or she knowingly permits the escape of a person known to be detained in a correctional facility or in c…

(a) A public servant is responsible for the supervision of persons from:(1) A correctional facility;(2) Custody; or(3) Pursuant to a court order or petition in:(A) The Arkansas State Hospital; or(B) A juvenile detention facility or youth services program. (1) A correctional facil…

(a) A person commits the offense of aiding an unauthorized departure if, not being an inmate in a youth services program, a youth services facility, or the Arkansas State Hospital, he or she knowingly aids another person in making or attempting to make an unauthorized departure f…

(a) A person commits the offense of assisting in or furnishing an implement for escape if, with the purpose of facilitating escape, he or she:(1) Introduces an implement for escape into a correctional facility;(2) Provides an inmate in a correctional facility with an implement fo…

(a) A person commits the offense of furnishing an implement for unauthorized departure if, with the purpose of facilitating an unauthorized departure, he or she:(1) Introduces an implement for unauthorized departure into the Arkansas State Hospital or a youth services program; or…

(a) A person commits the offense of furnishing a prohibited article if he or she knowingly:(1) Introduces a prohibited article into a correctional facility, the Arkansas State Hospital, or a youth services program; or(2) Provides a person confined in a correctional facility, the …

(a) As used in this section, “pending charge” means a charge that results from an arrest or issuance of a citation or criminal summons, or after the filing of a criminal information or indictment and that has not been resolved by acquittal, conviction, dismissal, or nolle prosequ…

(a) A person commits the offense of tampering with a public record if, with the purpose of impairing the verity, legibility, or availability of a public record, he or she knowingly:(1) Makes a false entry in or falsely alters any public record; or(2) Erases, obliterates, removes,…

(a) As used in this section, “report” means any communication, either written or oral, sworn or unsworn. (b) A person commits the offense of filing a false report if he or she files a report with any law enforcement agency or prosecuting attorney's office of any alleged criminal …

(a) As used in this section:(1) “Electronic monitoring device” means an electronic device approved by the Board of Corrections that meets the minimum Federal Communications Commission regulations and requirements and that utilizes available technology that is able to track a pers…

(a) If a person knows that his or her immediate arrest or detention is being attempted by a duly authorized law enforcement officer, it is the lawful duty of the person to refrain from fleeing, either on foot or by means of any vehicle or conveyance. (b) Fleeing is a separate off…

(a) Any person who:(1) Purposely kills or physically injures;(2) Purposely causes physical contact that is of a nature likely to cause physical injury to; or(3) Attempts to cause physical contact that is of a nature likely to cause physical injury to, (1) Purposely kills or physi…

It is lawful for a superintendent, warden, or jailor, or his or her duly authorized agent, to require, as a condition of admission, a reasonable search as permitted by the Arkansas Constitution and the United States Constitution of the person or vehicle of anyone seeking admissio…

(a) It is unlawful for any person other than a law enforcement officer or law enforcement agency, a fire department, the Department of Health, or an employee of a law enforcement agency, a fire department, or the Department of Health to own or operate or possess any radio equipme…

(a) A person commits the offense of absconding if the person knowingly:(1) Leaves a designated residence while under house arrest ordered as a condition of the person's release on a criminal offense by a court of competent jurisdiction;(2) Leaves a designated area while wearing a…

(a) It is unlawful for any person to knowingly cause a laser light beam, colored light beam, or other targeting, pointing, or spotting light beam, to be projected, displayed, or shined on a law enforcement officer while in the performance of the law enforcement officer's duties. …

(a) As used in this section, “state seal” means the Seal of the State of Arkansas described in § 1-4-108(a). (b) A person commits improper use of or altering the state seal if the person knowingly uses the state seal or an altered version of the state seal in a private, nongovern…

(a) As used in this section, “taser stun gun” means the same as defined in § 5-73-133. (b) A person commits disarming an officer if, with the purpose of causing physical injury to the law enforcement officer or another person, the person purposely uses physical force to take from…

(1) As used in this subchapter:(1) “Act of terrorism” means:(A) Any act that causes or creates a risk of death or serious physical injury to five (5) or more persons;(B) Any act that disables or destroys the usefulness or operation of any communications system;(C) Any act or any …

(a) (1) (A) A person commits the offense of soliciting material support for terrorism if the person knowingly raises, solicits, or collects material support or resources knowing:(i) That the material support or resources will be used, in whole or in part, to plan, prepare, carry …

(a) A person commits the offense of making a terrorist threat if, with the purpose to intimidate or coerce a civilian population or to influence the policy of a government or a unit of government by intimidation or coercion, the person in any manner knowingly threatens to commit …

(a) A person commits the offense of falsely communicating a terrorist threat if, in any manner, the person knowingly makes a threat to commit or cause to be committed a terrorist act or otherwise creates the impression or belief that a terrorist act is about to be or has been com…

(a) A person commits the offense of terrorism if, with the intent to intimidate or coerce a civilian population, influence the policy of a unit of government by using intimidation or coercion, affect the conduct of a unit or level of government by intimidation or coercion, or ret…

(a) Any person who is found guilty of or who pleads guilty or nolo contendere to terrorism, § 5-54-205, may be subject to an enhanced sentence of an additional term of imprisonment of ten (10) years if the person's acts caused serious physical injury to a law enforcement officer,…

(a) A person commits the offense of hindering prosecution of terrorism if the person renders criminal assistance to a person who has committed terrorism, § 5-54-205, or causing a catastrophe, § 5-38-202, when he or she knows that the person to whom he or she rendered criminal ass…

(a) A person commits the offense of exposing the public to toxic biological, chemical, or radioactive substances if the person knowingly delivers or causes the delivery of a biological, chemical, or radioactive substance to a governmental facility, school, business, hospital, off…

(a) A person commits the offense of use of a hoax substance or hoax bomb if the person knowingly delivers or causes the delivery of a hoax substance or hoax bomb to a governmental facility, school, business, hospital, office building, or similar facility open to the public, or to…

In addition to any other restitution ordered under § 5-4-205, the court may order that a person who violates this subchapter make restitution to the state or any of its political subdivisions for any cleanup costs associated with the commission of any offense in this subchapter.

This subchapter shall be known and may be cited as the “Medicaid Fraud Act”.

(1) As used in this subchapter:(1) “Arkansas Medicaid Program” means the program authorized under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., that provides for payments for medical goods or services on behalf of indigent families with dependent children and of…

(a) It is unlawful for any person to commit Medicaid fraud as prohibited by § 5-55-111. (b) Medicaid fraud is a:(1) Class C felony if the aggregate amount of payments illegally claimed is two thousand five hundred dollars ($2,500) or more but less than five thousand dollars ($5,0…

(a) No potential Medicaid recipient is eligible for medical assistance unless he or she has authorized in writing the Secretary of the Department of Human Services to examine all records of the potential Medicaid recipient's own, or of those receiving or having received Medicaid …

In naming a person as a defendant under this subchapter, it is expressly intended that all of the provisions of §§ 5-2-501 — 5-2-503 apply.

The office of the Attorney General is the entity to which a case of suspected Medicaid fraud shall be referred by the Arkansas Medicaid Program or its fiscal agents for the purposes of investigation, civil action, or referral to the prosecuting attorney having criminal jurisdicti…

(a) In addition to any other fine that may be levied, any person found guilty of or who pleads guilty or nolo contendere to Medicaid fraud as described in this subchapter shall make full restitution and payment of costs and expenses as follows:(1) (A) Restitution to the Departmen…

(a) Any person who is found guilty of or who pleads guilty or nolo contendere to Medicaid fraud as described in this subchapter shall pay one (1) of the following fines:(1) If no monetary loss is incurred by the Arkansas Medicaid Program, a fine of not less than one thousand doll…

Section 5-55-107, which provides for additional criminal fines, and the Medicaid Fraud False Claims Act, § 20-77-901 et seq., which provides for civil penalties, shall not both be applied to the same payment received or claim made by any person under the Arkansas Medicaid Program…

The Secretary of the Department of Human Services may suspend or revoke the provider agreement between the Department of Human Services and a person in the event the person is found guilty of violating a provision of this subchapter.

(1) A person commits Medicaid fraud when he or she:(1) Purposely makes or causes to be made any omission or false statement or representation of a material fact in any claim, request for payment, or application for any benefit or payment under the Arkansas Medicaid Program;(2) At…

(a) The court may pay a person such sums, not exceeding ten percent (10%) of the aggregate penalty recovered under this section, as the court may deem just, for information the person may have provided that led to detecting and bringing to trial and punishment a person guilty of …

(a) A prosecuting attorney having jurisdiction over an offense may designate an attorney employed by the office of the Attorney General as a special deputy prosecutor to prosecute any charges related to healthcare fraud or any other charges that may arise from the same factual al…