Title 5 — Criminal Offenses

(a) A penalty under this subchapter for violating § 5-65-303 is in addition to other penalties prescribed by law for the offense under another law of the State of Arkansas. (b) There is no presumption under this subchapter that an underage person is not under the influence of an …

(1) As used in this subchapter:(1) “Disqualification” means a prohibition against driving a commercial motor vehicle;(2) “Immobilization” means revocation or suspension of the registration or license plate of a motor vehicle; and(3) “Sworn report” means a signed and written state…

(a) (1) (A) At the time of arrest for violating § 3-3-203(a), § 5-27-503(a)(3), § 5-65-103, § 5-65-205, § 5-65-303, § 5-65-310, § 27-23-114(a)(1), § 27-23-114(a)(2), or § 27-23-114(a)(5), the arrested person shall immediately surrender his or her license, permit, or other evidenc…

(a) At the time of arrest for violating § 5-65-103, § 5-65-303, § 27-23-114(a)(1), or § 27-23-114(a)(2), the arresting law enforcement officer shall provide written notice to the arrested person:(1) That the registration of a motor vehicle owned by the arrested person is suspende…

(a) In their construction of the statutes prohibiting gaming, the judges of the several courts in this state shall construe the statutes liberally, with a view of preventing persons from evading the penalty of the law by changing of the name or the invention of new names or devic…

A.C.A. § 5-66-102Current 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) A person commits the offense of keeping a gambling house if the person:(1) Keeps, conducts, or operates, or who is interested directly or indirectly in keeping, conducting, or operating any gambling house or place where gambling is carried on;(2) Sets up, keeps, or exhibits o…

(a) It is unlawful for a person to set up, keep, or exhibit any gaming table or gambling device, commonly called “A. B. C.”, “E. O.”, roulette, or rouge et noir, any faro bank, or any other gaming table or gambling device, or bank of the like or similar kind, or of any other desc…

(a) It is unlawful for any person in any way, either directly or indirectly, to be:(1) Interested or concerned in any gaming prohibited by § 5-66-104, either by furnishing money or another article for the purpose of carrying on gaming; or(2) Interested in the loss or gain of gami…

(a) It is unlawful for any person to bet any money or other valuable thing or any representative of any thing that is esteemed of value on any game prohibited by § 5-66-104. (b) Upon conviction, a person who violates this section is guilty of a violation and shall be fined in any…

(a) It is unlawful for any owner or occupant of any house, outbuilding, or other building or any steamboat, or other vessel to knowingly permit or suffer any games, tables, or banks mentioned in § 5-66-104 or permit or suffer any kind of gaming under any name, to be carried on or…

A.C.A. § 5-66-108Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

A.C.A. § 5-66-109Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) If a person sets up or exhibits, causes to be set up or exhibited, or aids or assists in setting up or exhibiting in the state any gaming device commonly known and designated as “keno” or any similar device by any other name or without a name, upon conviction the person is gu…

(a) (1) Any coin-operated pinball machine or other device that is designed so that more than one (1) coin can be inserted so as to give the player additional odds in making a high score or winning an additional free game is unlawful.(2) The operation of the coin-operated pinball …

If a person bets any money or any valuable thing on any game of brag, bluff, poker, seven-up, three-up, twenty-one, vingt-et-un, thirteen cards, the odd trick, forty-five, whist, or at any other game of cards known by any name now known to the law or with any other or new name or…

(a) If a person bets any money or any valuable thing on any game of hazard or skill, upon conviction he or she is guilty of a violation and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00). (b) In prosecuting under subsection…

(a) (1) It is unlawful for any person, partnership, or corporation to receive or transmit information in the State of Arkansas relating to football, baseball, basketball, hockey, polo, tennis, horse racing, boxing, or any other sport or game for the purpose of gaming.(2) This sec…

(a) As used in this section:(1) “Participant” means any:(A) Professional or amateur baseball, football, basketball, hockey, polo, tennis, or other athletic player;(B) Boxer;(C) Jockey, driver, groom, or other person participating or expecting to participate in a horse race, inclu…

(a) It is unlawful to directly or indirectly bet in this state, by selling or buying pools or otherwise, any money or other valuable thing, on any horse race of any kind whether had or run in this state or out of this state. (b) (1) Upon conviction, a person who violates subsecti…

(a) (1) It is unlawful for any person, either for himself or herself or as agent or employee of another person, to place, offer, or agree to place, either in person or by messenger, telephone, or telegraph, a wager on behalf of another person, for a consideration paid or to be pa…

(a) Except as authorized under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq., it is unlawful for a person to:(1) Keep an office, room, or place for the sale or disposition of a lottery ticket or slip, policy ticket or slip, gift concert ticket or slip, or li…

(a) (1) Any person who in this state, directly or indirectly, sets up, promotes, engages in, or in any manner participates in any plan, scheme, device, or other means, either alone or in concert with any other person, firm, or corporation, either within or without the State of Ar…

This chapter does not apply to a lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.

(a) It is unlawful for any person, firm, or corporation to place any advertising sign on the highway right-of-way in this state, except for a sign placed under direction of the State Highway Commission. (b) Any person violating a provision of this section or § 5-39-213 is guilty …

(a) It is unlawful for any person, firm, or corporation to erect or cause to be erected or maintained on or within one hundred yards (100 yds.) of the right-of-way of any state highway any sign or billboard that has printed, painted, or otherwise placed on the sign or billboard w…

(a) (1) It is unlawful for any person, firm, corporation, or association to nail, staple, or otherwise attach or cause to be nailed, stapled, or otherwise attached any sign, poster, or billboard to any pole used to provide utility, cable, telecommunication, or broadband services …

(a) It is unlawful for any person owning or operating a motor vehicle that in any way exceeds or violates any properly posted limitation, regulation, rule, or restriction governing the use of a bridge structure to use the bridge structure so long as the use violates any posted pr…

(a) If any person or corporation stores wrecked, worn out, or discarded automobiles or other scrap iron or steel within two hundred yards (200 yds.) of any public highway in the State of Arkansas, a part of which has been or may be designated by law as a memorial highway, it is t…

(a) It is unlawful to use a spotlight from any public road, street, or highway except for use by:(1) A law enforcement officer, game and fish officer, emergency service worker, or utility company employee in the performance of his or her duties;(2) A person or his or her employee…

(a) It is unlawful for any person to solicit a donation or offer to sell any item or service:(1) On a state highway;(2) Within ten feet (10′) of a state highway, if there is not a sidewalk along the highway; or(3) Between the highway and a sidewalk, if there is a sidewalk within …

(a) Any person publicly exhibiting any obscene figure is guilty of a violation. (b) Any person convicted under a provision of this section shall be fined in any sum not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).

(a) It is unlawful for any person, firm, or corporation to sell or to offer for sale or to have in possession any magazine, paper, or other literature or printed book, picture, or matter the shipment or transportation of which has been refused and rejected from the United States …

(a) It is unlawful for any person to knowingly exhibit, sell, offer to sell, give away, circulate, produce, distribute, attempt to distribute, or have in his or her possession any obscene film. (b) As used in this section:(1) “Film” means motion picture film, still picture film, …

(a) As used in this section, “nudism” means the act or acts of a person or persons congregating or gathering with his, her, or their private parts exposed in the presence of one (1) or more persons of the opposite sex as a form of social practice. (b) The provisions of this secti…

(a) (1) As used in this subsection:(A) “Obscene” means the same as “obscene material” defined by § 5-68-302; and(B) “Obscenity” means an obscene sticker, painting, decal, emblem, or other device that is or contains an obscene writing, description, photograph, or depiction.(2) A p…

(a) The General Assembly finds and declares that:(1) The definition and regulation of obscenity are matters of statewide concern;(2) In defining and regulating obscenity, a statewide standard is workable; and(3) There is a need for clarification of the applicable law relating to …

(1) As used in this subchapter:(1) “Advertising purposes” means a purpose of propagandizing in connection with the commercial sale of a product or type of product, the commercial offering of a service, or the commercial exhibition of an entertainment;(2) “Hard-core sexual conduct…

(a) Except as otherwise provided in § 5-68-308, a person commits promoting obscene materials if he or she knowingly promotes, or has in his or her possession with intent to promote, any obscene material. (b) As used in this section, “material” means any writing, picture, motion p…

(a) A person commits promoting an obscene performance if he or she knowingly:(1) Directs, manages, finances, or presents an obscene performance; or(2) Promotes any obscene performance, as owner, producer, director, manager, or performer. (1) Directs, manages, finances, or present…

(a) A person commits an obscene performance at a live public show if he or she knowingly:(1) Engages in an obscene performance of sadomasochistic abuse, hard-core sexual conduct, or sexual conduct in a live public show; or(2) Directs, manages, finances, or presents an obscene per…

(a) Except as otherwise provided in § 5-68-308, a person commits publicly displaying obscene material for advertising purposes if, for advertising purposes, he or she knowingly:(1) Displays publicly or causes to be displayed publicly obscene material; or(2) Permits any display of…

(a) A person commits a public display of hard-core sexual conduct if he or she knowingly engages in hard-core sexual conduct in an open public place. (b) Engaging in hard-core sexual conduct in an open public place is a Class D felony.

(a) No employee is liable to prosecution under this subchapter for promoting or possessing with intent to promote any obscene motion picture if the employee is acting within the scope of his or her regular employment. (b) (1) As used in subsection (a) of this section, “employee” …

This subchapter shall be known as the “Arkansas Law on Obscenity” and may be referred to by that designation.

(a) The General Assembly determines that during the past several years, the spread of obscene publications has become a matter of increasingly grave concern to the people of this state. (b) The elimination of this evil and the consequent protection of the citizens and residents o…

(1) As used in this subchapter:(1) “Mailable matter” means:(A) Printed or written matter or material having second-class mailing privileges under the laws of the United States; or(B) Any other printed or written matter or material that has not been determined to be nonmailable un…

Any mailable matter that is sent or caused to be sent, brought, or caused to be brought into this state for sale or commercial distribution or that in this state is sold, exhibited or commercially distributed, given away, or offered to be given away, by any person with knowledge …

(a) A person that knowingly sends or causes to be sent or brings or causes to be brought into this state for sale or commercial distribution, or in this state prepares, publishes, sells, exhibits, loans at a library, or commercially distributes, or gives away or offers to give aw…

(1) The prosecuting attorney for the county where obscene mailable matter is sent or caused to be sent, brought, or caused to be brought or where it is prepared, sold, exhibited or commercially distributed, or given away or offered to be given away or possessed shall institute an…