Title 5: Criminal Offenses

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5-1-102. Definitions.

As used in this code, unless the context otherwise requires:
(1) "Act" or "action" has the meaning specified in § 5-2-201(1);

(2) "Actor" includes, where appropriate, a person who possesses something or who omits to act;

(3) "Conduct" has the meaning specified in § 5-2-201(3);

(4) "Deadly weapon" means:
(A) A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious physical injury; or 
(B) Anything that in the manner of its use or intended use is capable of causing death or serious physical injury;

(5) "Element of the offense" means the conduct, the attendant circumstances, and the result of conduct that:
(A) Is specified in the definition of the offense; or
(B) Establishes the kind of culpable mental state required for commission of the offense; or
(C) Negates an excuse or justification for the conduct;

(6) "Firearm" means 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 immediately operable, and components that can readily be assembled into such a device;

(7) "Included offense" has the meaning specified in § 5-1-110(b);

(8) "Knowingly" and equivalent terms such as "knowing" or "with knowledge" have the meaning specified in § 5-2-202(2);

(9) "Law" includes statutes and court decisions;

(10) "Negligently" and equivalent terms such as "negligence" or "with negligence" have the meaning specified in § 5-2-202(4);

(11) "Omission" or "omit to act" has the meaning specified in § 5-2-201(2);

(12) "Law enforcement officer" means any public servant vested by law with a duty to maintain public order or to make arrests for offenses;

(13)
(A) "Person", "actor", "defendant", "he", "she", "her", or "him" includes any natural person and, where appropriate, an organization as that term is defined in § 5-2-501(1).
(B)
(i)
(a) For the purposes of §§ 5-10-101 - 5-10-105, "person" also includes an unborn child in utero at any stage of development;
(b) "Unborn child"*  means a living fetus of twelve (12) weeks or greater gestation.
(ii) Subdivision (13)(B) of this section does not apply to:
(a) Acts which cause the death of an unborn child in utero if those acts were committed during a legal abortion to which the woman consented;
(b) Acts which are committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment; and
(c) Acts which are committed in the course of medical research, experimental medicine, or acts deemed necessary to save the life or preserve the health of the mother.
[*Note – this definition does not apply to the domestic abuse enhancements. For those, pregnancy is defined as 4 weeks. See statute.] 
(iii) Nothing in subdivision (13)(B) of this section shall be construed to allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero;

(14) "Physical injury" means the:
(A) Impairment of physical condition;
(B) Infliction of substantial pain; or
(C) Infliction of bruising, swelling, or visible marks associated with physical trauma;

(15) "Possess" means to exercise actual dominion, control, or management over a tangible object;

(16) "Public servant" means:
(A) Any officer or employee of this state or of any political subdivision thereof; or
(B) Any person exercising the functions of any such officer or employee; or
(C) Any person acting as an adviser, consultant, or otherwise in performing any governmental function but not including witnesses; or
(D) Any person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position;

(17) "Purposely" and equivalent terms such as "purpose" or "with purpose" have the meaning specified in § 5-2-202(1);  

(18) "Reasonably believes" or "reasonable belief" means the belief that an ordinary, prudent person would form under the circumstances in question and one not recklessly or negligently formed;

(19) "Serious physical injury" means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ;  

(20) "Statute" includes the Constitution and any statute of this state, any ordinance of a political subdivision of this state, and any rule or regulation lawfully adopted by an agency of this state;

(21) "Sawed-off or short-barreled shotgun" means a shotgun having one (1) or more barrels less than eighteen inches (18") in length and any weapon made from a shotgun, whether by alteration, modification, or otherwise, if such weapon, as modified, has an overall length of less than twenty-six inches (26"); and

(22) "Sawed-off or short-barreled rifle" means a rifle having one (1) or more barrels less than sixteen inches (16") in length and any weapon made from a rifle, whether by alteration, modification, or otherwise, if such weapon, as modified, has an overall length of less than twenty-six inches (26").

5-1-106. Felonies.

(a) An offense is a felony if:
(1) It is so designated by this code; or
(2) It is so designated by a statute not a part of this code.
(b) Felonies are classified as follows:
(1) Class Y felonies; [highest]
(2) Class A felonies;
(3) Class B felonies;
(4) Class C felonies;
(5) Class D felonies.
(c) Any felony defined by a statute not a part of this code that neither specifies the class of the felony nor prescribes limitations on a sentence to imprisonment upon conviction is a Class D felony. Any felony defined by a statute not a part of this code that does prescribe limitations on a sentence to imprisonment upon conviction is an unclassified felony.

5-1-110. Conduct constituting more than one offense - Prosecution.

(a) When the same conduct of a defendant may establish the commission of more than one (1) offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one (1) offense if: 
(1) One offense is included in the other, as defined in subsection (b) of this section; or 
(2) One offense consists only of a conspiracy, solicitation, or attempt to commit the other; or 
(3) Inconsistent findings of fact are required to establish the commission of the offenses; or 
(4) The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of that conduct; or 
(5) The conduct constitutes an offense defined as a continuing course of conduct and the defendant's course of conduct was uninterrupted, unless the law provides that specific periods of such conduct constitute separate offenses. 
(b) A defendant may be convicted of one offense included in another offense with which he is charged. An offense is so included if: 
(1) It is established by proof of the same or less than all the elements required to establish the commission of the offense charged; or 
(2) It consists of an attempt to commit the offense charged or to commit an offense otherwise included within it; or 
(3) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a lesser kind of culpable mental state suffices to establish its commission. 
(c) The court shall not be obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting him of the included offense. 
(d)(1) Notwithstanding any provision of law to the contrary, separate convictions and sentences are authorized for: 
(A) Capital murder, § 5-10-101, and any felonies utilized as underlying felonies for the murder; 
(B) Murder in the first degree, § 5-10-102, and any felonies utilized as underlying felonies for the murder; and 
(C) Continuing criminal enterprise, § 5-64-414, and any of the predicate felonies utilized to prove the continuing criminal enterprise. 
(2) With respect to all of the aforementioned offenses, the trial judge shall, pursuant to § 5-4-403, have the discretion to order that the multiple terms of imprisonment run concurrently or consecutively. 

5-2-605. Use of physical force generally.

The use upon another person of physical force that would otherwise constitute an offense is justifiable under any of the following circumstances:   
(1)  A parent, teacher, guardian, or other person entrusted with care and supervision of a minor or an incompetent person may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent reasonably necessary to maintain discipline or to promote the welfare of the minor or incompetent person;  (2)  A warden or other authorized official of a correctional facility may use nondeadly physical force to the extent reasonably necessary to maintain order and discipline; 
(3)  A person responsible for the maintenance of order in a common carrier or a person acting under his direction may use nondeadly physical force to the extent reasonably necessary to maintain order; 
(4)  A person who reasonably believes that another person is about to commit suicide or to inflict serious physical injury upon himself may use nondeadly physical force upon that person to the extent reasonably necessary to thwart the result; 
(5)  A duly licensed physician, or a person assisting him at his direction may use physical force for the purpose of administering a recognized form of treatment reasonably adapted to promoting the physical or mental health of the patient if: 
(A)  The treatment is administered with the consent of the patient or, if the patient is a minor who is unable to appreciate or understand the nature or possible consequences of the proposed medical treatment or is an incompetent person, with the consent of a parent, guardian, or other person entrusted with his care and supervision; or 
(B)   The treatment is administered in an emergency when the physician reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent. 

5-1-107. Misdemeanors.

(a) An offense is a misdemeanor if: 
(1) It is so designated by this code;
(2) It is so designated by a statute not a part of this code, except as provided in § 5-1-108; or
(3) It is not designated a felony, and a sentence to imprisonment is authorized upon conviction.
(b) Misdemeanors are classified as follows:
(1) Class A misdemeanors; [highest]
(2) Class B misdemeanors;
(3) Class C misdemeanors.
(c) Any misdemeanor defined by a statute not a part of this code that neither specifies the class of the misdemeanor nor prescribes limitations on a sentence to imprisonment upon conviction thereof is a Class A misdemeanor. Any misdemeanor defined by a statute not a part of this code that does prescribe limitations on a sentence to imprisonment upon conviction thereof is an unclassified misdemeanor.

5-1-109. Statute of limitations.

(a) A prosecution for murder may be commenced at any time.
(b) Except as otherwise provided in this section, prosecutions for other offenses must be commenced within the following periods of limitation after their commission:
(1) Class Y and Class A felonies, six (6) years, except rape, § 5-14-103, for which the period of limitation may be extended to fifteen (15) years during which extended time a prosecution for rape may be commenced if based upon forensic deoxyribonucleic acid (DNA) testing or other tests which may become available through advances in technology;
(2) Class B, C, or D, or unclassified felonies, three (3) years; and
(3) Misdemeanors or violations, one (1) year.
(c) If the period prescribed in subsection (b) of this section has expired, a prosecution may nevertheless be commenced for:
(1) Any offense involving either fraud or breach of a fiduciary obligation, within one (1) year after the offense is discovered or should reasonably have been discovered by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense; and
(2) Any offense that is concealed involving felonious conduct in office by a public servant at any time within five (5) years after he or she leaves public office or employment, or within five (5) years after the offense is discovered or should reasonably have been discovered, whichever is sooner, but in no event shall this provision extend the period of limitation by more than ten (10) years after the commission of the offense.
(d) A defendant may be convicted of any offense included in the offense charged, notwithstanding that the period of limitation has expired for the included offense, if as to the offense charged the period of limitation has not expired or there is no such period, and there is sufficient evidence to sustain a conviction for the offense charged.
(e)
(1) For the purposes of this section, an offense is committed either when every element occurs or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time the course of conduct or the defendant's complicity therein is terminated.
(2) Time starts to run on the day after the offense is committed.
(f) A prosecution is commenced when an arrest warrant or other process is issued based on an indictment, information, or other charging instrument, provided that such warrant or process is sought to be executed without unreasonable delay.
(g) The period of limitation does not run:
(1) During any time when the accused is continually absent from the state or has no reasonably ascertainable place of abode or work within the state, but in no event shall this provision extend the period of limitation otherwise applicable by more than three (3) years; or
(2) During any period when a prosecution against the accused for the same conduct is pending in this state.
(h) If the period prescribed in subsection (b) of this section has expired, a prosecution may nevertheless be commenced for violations of the following offenses if, when the alleged violation occurred, the offense was committed against a minor, the violation has not previously been reported to a law enforcement agency or prosecuting attorney, and the period prescribed in subsection (b) of this section has not expired since the victim has reached the age of eighteen (18):
(1) Battery in the first and second degrees as prohibited in §§ 5-13-201 and 5-13-202;
(2) Aggravated assault as prohibited in § 5-13-204;
(3) Terroristic threatening in the first degree as prohibited in § 5-13-301;
(4) Kidnapping as prohibited in § 5-11-102;
(5) False imprisonment in the first degree as prohibited in § 5-11-103;
(6) Permanent detention or restraint as prohibited in § 5-11-106;
(7) Rape as prohibited in § 5-14-103;
(8) Sexual assault in the first degree as prohibited in § 5-14-124;
(9) Sexual assault in the second degree as prohibited in § 5-14-125;
(10) Sexual assault in the third degree as prohibited in § 5-14-126;
(11) Sexual assault in the fourth degree as prohibited in § 5-14-127;
(12) Incest as prohibited in § 5-26-202;
(13) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-203;
(14) Permitting abuse of a child as prohibited in § 5-27-221(a)(1) and (3);
(15) Engaging children in sexually explicit conduct for use in visual or print medium, transportation of minors for prohibited sexual conduct, use of a child or consent to use of a child in sexual performance, and producing, directing, or promoting sexual performance by a child, as prohibited in §§ 5-27-303, 5-27-305, 5-27-402, and 5-27-403;
(16) Criminal attempt, criminal solicitation, or criminal conspiracy as prohibited in §§ 5-3-201, 5-3-202, 5-3-301, and 5-3-401 to commit any of the offenses listed in this subsection;
(17) Computer child pornography, § 5-27-603; and
(18) Computer exploitation of a child in the first degree, § 5-27-605.
(i) If there is biological evidence connecting a person with the commission of an offense and that person's identity is unknown, the prosecution is commenced if an indictment or information is filed against the unknown person and the indictment contains the genetic information of the unknown person, which is accepted to be likely to be applicable only to the unknown person.

5-1-110. Conduct constituting more than one offense - Prosecution.

(a) When the same conduct of a defendant may establish the commission of more than one (1) offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one (1) offense if:
(1) One offense is included in the other, as defined in subsection (b) of this section; or
(2) One offense consists only of a conspiracy, solicitation, or attempt to commit the other; or
(3) Inconsistent findings of fact are required to establish the commission of the offenses; or
(4) The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of that conduct; or
(5) The conduct constitutes an offense defined as a continuing course of conduct and the defendant's course of conduct was uninterrupted, unless the law provides that specific periods of such conduct constitute separate offenses.
(b) A defendant may be convicted of one offense included in another offense with which he is charged. An offense is so included if:
(1) It is established by proof of the same or less than all the elements required to establish the commission of the offense charged; or
(2) It consists of an attempt to commit the offense charged or to commit an offense otherwise included within it; or
(3) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a lesser kind of culpable mental state suffices to establish its commission.
(c) The court shall not be obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting him of the included offense.
(d)
(1) Notwithstanding any provision of law to the contrary, separate convictions and sentences are authorized for:
(A) Capital murder, § 5-10-101, and any felonies utilized as underlying felonies for the murder;
(B) Murder in the first degree, § 5-10-102, and any felonies utilized as underlying felonies for the murder; and
(C) Continuing criminal enterprise, § 5-64-414, and any of the predicate felonies utilized to prove the continuing criminal enterprise.
(2) With respect to all of the aforementioned offenses, the trial judge shall, pursuant to § 5-4-403, have the discretion to order that the multiple terms of imprisonment run concurrently or consecutively.

5-2-201. Definitions generally.

As used in this code, unless the context otherwise requires:
(1) "Act" means a bodily movement, and includes speech and the conscious possession or control of property;
(2) "Omission" means a failure to perform an act, the performance of which is required by law;
(3) "Conduct" means an act or omission and its accompanying mental state;
(4) The verb "act" means either to perform an act or to omit to perform an act.

5-2-202. Culpable mental states - Definitions.

As used in this code, unless the context otherwise requires, there are four (4) kinds of culpable mental states, which are defined as follows:
 
(1) "Purposely." A person acts purposely with respect to his conduct or a result thereof when it is his conscious object to engage in conduct of that nature or to cause such a result;
 
(2) "Knowingly." A person acts knowingly with respect to his conduct or the attendant circumstances when he is aware that his conduct is of that nature or that such circumstances exist. A person acts knowingly with respect to a result of his conduct when he is aware that it is practically certain that his conduct will cause such a result;
 
(3) "Recklessly." A person acts recklessly with respect to attendant circumstances or a result of his conduct when he consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of a nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the actor's situation;
 
(4) "Negligently." A person acts negligently with respect to attendant circumstances or a result of his conduct when he should be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.

5-2-501. Definitions.

As used in this subchapter, unless the context otherwise requires:
(1) "Organization" means a legal entity and shall include a corporation, company, association, firm, partnership, joint-stock company, foundation, institution, society, union, club, church, or any other group of persons organized for any purpose;
(2) "Agent" means any officer, director, or employee of an organization or any other person who is authorized to act in behalf of an organization;
(3) "High managerial agent" means an agent or officer of an organization who has duties of such responsibility that his conduct reasonably may be assumed to represent the policy of the organization.

5-2-601. Definitions.

As used in this subchapter [Justification], unless the context otherwise requires:
(1) "Common carrier" means any vehicle used to transport for hire any member of the public;
(2) "Dwelling" means an enclosed space that is used or intended to be used, on a temporary or permanent basis, as a human habitation, home, or residence;
(3) "Physical force" means any bodily impact, restraint, or confinement, or the threat thereof;
(4) "Unlawful physical force" means physical force that is employed without the consent of the person against whom it is directed and the employment of which constitutes a criminal offense or tort or would constitute such an offense or tort except for a defense other than the defense of justification or privilege;
(5) "Deadly physical force" means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury;
(6) "Minor" means any person under eighteen (18) years of age;
(7) "Occupiable structure" means a vehicle, building, or other structure:
(A) Where any person lives or carries on a business or other calling; or
(B) Where people assemble for purposes of business, government, education, religion, entertainment, or public transportation; or  
(C) Which is customarily used for overnight accommodation of persons whether or not a person is actually present. Each unit of an occupiable structure divided into separately occupied units is itself an occupiable structure;
(8) "Premises" means occupiable structures and any real property;
(9) "Vehicle" means any craft or device designed for the transportation of people or property across land or water or through the air.

5-2-604. Choice of evils.

(a) Conduct which would otherwise constitute an offense is justifiable when:
(1) The conduct is necessary as an emergency measure to avoid an imminent public or private injury; and
(2) The desirability and urgency of avoiding the injury outweigh, according to ordinary standards of reasonableness, the injury sought to be prevented by the law proscribing the conduct.
(b) Justification under this section shall not rest upon considerations pertaining to the morality and advisability of the statute defining the offense charged.
(c) If the actor is reckless or negligent in bringing about the situation requiring a choice of evils or in appraising the necessity for his conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish culpability.

5-2-606. Use of physical force in defense of a person.

(a) A person is justified in using physical force upon another person to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force that he reasonably believes to be necessary. However, he may not use deadly physical force except as provided in § 5-2-607.
(b) A person is not justified in using physical force upon another person if:
(1) With purpose to cause physical injury or death to the other person, he provokes the use of unlawful physical force by the other person; or
(2) He is the initial aggressor; but his use of physical force upon another person is justifiable if he in good faith withdraws from the encounter and effectively communicates to the other person his purpose to do so, and the latter continues or threatens to continue the use of unlawful physical force; or
(3) The physical force involved is the product of a combat by agreement not authorized by law.

5-2-607. Use of deadly physical force in defense of a person.

(a) A person is justified in using deadly physical force upon another person if he reasonably believes that the other person is:
(1) Committing or about to commit a felony involving force or violence;
(2) Using or about to use unlawful deadly physical force; or
(3) Imminently endangering his or her life or imminently about to victimize the person as described in § 9-15-103(a)(2), from the continuation of a pattern of domestic abuse. For the purposes of this section "domestic abuse" shall be that described in § 9-15-103(a).
(b) A person may not use deadly physical force in self-defense if he knows that he can avoid the necessity of using that force with complete safety:
(1) By retreating, except that a person is not required to retreat if he is in his dwelling and was not the original aggressor, or if he is a law enforcement officer or a person assisting at the direction of a law enforcement officer; or
(2) By surrendering possession of property to a person claiming a lawful right thereto.

5-2-608. Use of physical force in defense of premises.

(a) A person in lawful possession or control of premises or a vehicle is justified in using nondeadly physical force upon another person when and to the extent that he reasonably believes it necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises or vehicle.
(b) A person may use deadly physical force under the circumstances set forth in subsection (a) of this section when:
(1) Use of such force is authorized by § 5-2-607; or
(2) He reasonably believes the use of such force is necessary to prevent the commission of arson or burglary by a trespasser.

5-2-609. Use of physical force in defense of property.

A person is justified in using nondeadly physical force upon another person when and to the extent that he or she reasonably believes it necessary to prevent or terminate the person's commission or attempted commission of theft or criminal mischief, or subsequent flight therefrom.

5-2-620. Use of force to defend persons and property within home.

(a) The right of an individual to defend himself and the lives of persons or property in his home against harm, injury, or loss by persons unlawfully entering or attempting to enter or intrude thereupon is reaffirmed as a fundamental right to be preserved and promoted as a public policy in this state.
(b) There shall be a legal presumption that any force or means used to accomplish such purpose was exercised in a lawful and necessary manner, unless that presumption is overcome by clear and convincing evidence to the contrary.
(c) The above-stated public policy shall be strictly complied with by the courts, and appropriate instructions thereof shall be given to juries sitting in trial of criminal charges brought in connection therewith.

5-2-621. Attempting to protect persons during commission of a felony.

No persons shall be civilly liable for actions or omissions intended to protect themselves or others from personal injuries during the commission of a felony.

5-4-101. Definitions.

As used in this chapter [General Provisions], unless the context otherwise requires:
(1) "Suspension" or "suspend imposition of sentence" [frequently referred to as “SIS”, and often in the context of a no contact order] means a procedure whereby a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence and without supervision;  

5-4-701. Definitions.

For purposes of this subchapter [Disposition of Offenders]:
(1) "Child" means a person under sixteen (16) years of age; and
(2) "In the presence of a child" means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act of assault, battery, domestic battery, or assault on a family member or household member.

5-4-702. Enhanced penalties for offenses committed in presence of a child.

(a) Any person who commits a felony offense involving assault, battery, domestic battering, or assault on a family member or household member, as provided in § 5-13-201 et seq. or § 5-26-303 - 5-26-311, may be subject to an enhanced sentence of an additional term of imprisonment of not less than one (1) year and not greater than ten (10) years if the offense is committed in the presence of a child.
(b)
(1) To seek the enhanced penalties established in this section, a prosecuting attorney shall notify the defendant in writing that the defendant is subject to that enhanced penalty.
(2) If the defendant is charged by information or indictment, the prosecuting attorney may include the written notice in the information or indictment.
(c) The enhanced portion of the sentence shall be consecutive to any other sentence imposed.
(d) Any person convicted under this section shall not be eligible for early release on parole for the enhanced portion of the sentence.

5-10-101. Capital murder.

(a) A person commits capital murder if:
(1) Acting alone or with one (1) or more other persons, he or she commits or attempts to commit terrorism as defined in § 5-54-205, rape, § 5-14-103, kidnapping, § 5-11-102, vehicular piracy, § 5-11-105, robbery, § 5-12-103, burglary, § 5-39-201, a felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., involving an actual delivery of a controlled substance, or first degree escape, § 5-54-110, and in the course of and in furtherance of the felony or in immediate flight therefrom, he or she or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life; or
(2) Acting alone or with one (1) or more other persons, he or she commits or attempts to commit arson, and in the course of and in furtherance of the felony or in immediate flight therefrom, he or she or an accomplice causes the death of any person; or
(3) With the premeditated and deliberated purpose of causing the death of any law enforcement officer, jailer, prison official, firefighter, judge or other court official, probation officer, parole officer, any military personnel, or teacher or school employee, when such person is acting in the line of duty, he or she causes the death of any person; or
(4) With the premeditated and deliberated purpose of causing the death of another person, he or she causes the death of any person; or
(5) With the premeditated and deliberated purpose of causing the death of the holder of any public office filled by election or appointment or a candidate for public office, he or she causes the death of any person; or
(6) While incarcerated in the Department of Correction or the Department of Community Correction, he or she purposely causes the death of another person after premeditation and deliberation; or
(7) Pursuant to an agreement that he or she cause the death of another person in return for anything of value, he or she causes the death of any person; or
(8) He or she enters into an agreement whereby one person is to cause the death of another person in return for anything of value, and the person hired pursuant to the agreement causes the death of any person; or
(9)(A) Under circumstances manifesting extreme indifference to the value of human life, he or she knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed, provided that the defendant was eighteen (18) years of age or older at the time the murder was committed.
(B) It shall be an affirmative defense to any prosecution under this subdivision (a)(9) arising from the failure of the parent, guardian, or person standing in loco parentis to provide specified medical or surgical treatment, that the parent, guardian, or person standing in loco parentis relied solely on spiritual treatment through prayer in accordance with the tenets and practices of an established church or religious denomination of which he or she is a member; or
(10) He or she purposely discharges a firearm from a vehicle at a person or at a vehicle, conveyance, or a residential or commercial occupiable structure that he or she knows or has good reason to believe to be occupied by a person and thereby causes the death of another person under circumstances manifesting extreme indifference to the value of human life.
(b) It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for an offense in which the defendant was not the only participant that the defendant did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid in its commission.
(c) Capital murder is punishable by death or life imprisonment without parole pursuant to §§ 5-4-601 - 5-4-605, 5-4-607, and 5-4-608. For all purposes other than disposition under §§ 5-4-101 - 5-4-104, 5-4-201 - 5-4-204, 5-4-301 - 5-4-308, 5-4-310, 5-4-311, 5-4-401 - 5-4-404, 5-4-501 - 5-4-504, 5-4-601 - 5-4-605, 5-4-607, and 5-4-608, capital murder is a Class Y felony.

5-10-102. Murder in the first degree.

(a) A person commits murder in the first degree if:
(1) Acting alone or with one (1) or more other persons, he commits or attempts to commit a felony, and in the course of and in the furtherance of the felony or in immediate flight therefrom, he or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life; or
(2) With a purpose of causing the death of another person, he causes the death of another person; or
(3) He knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed.
(b) It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for an offense in which the defendant was not the only participant that the defendant:
(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid its commission; and
(2) Was not armed with a deadly weapon; and
(3) Reasonably believed that no other participant was armed with a deadly weapon; and
(4) Reasonably believed that no other participant intended to engage in conduct which could result in death or serious physical injury.
(c) Murder in the first degree is a Class Y felony.

5-11-102. Kidnapping.

(a) A person commits the offense of kidnapping if, without consent, he restrains another person so as to interfere substantially with his liberty with the purpose of: 
(1) Holding him for ransom or reward, or for any other act to be performed or not performed for his return or release; or 
(2) Using him as a shield or hostage; or 
(3) Facilitating the commission of any felony or flight thereafter; or 
(4) Inflicting physical injury upon him, or of engaging in sexual intercourse, deviate sexual activity, or sexual contact with him; or 
(5) Terrorizing him or another person; or 
(6) Interfering with the performance of any governmental or political function. 
(b) Kidnapping is a Class Y felony, except that if the defendant shows by a preponderance of the evidence that he or an accomplice voluntarily released the person restrained alive and in a safe place prior to trial, it is a Class B felony. 

5-13-201. Battery in the first degree.

(a) A person commits battery in the first degree if:
(1) With the purpose of causing serious physical injury to another person, he causes serious physical injury to any person by means of a deadly weapon; or
(2)  With the purpose of seriously and permanently disfiguring another person or of destroying, amputating, or permanently disabling a member or organ of his body, he causes such an injury to any person; or
(3) He causes serious physical injury to another person under circumstances manifesting extreme indifference to the value of human life; or
(4) Acting alone or with one (1) or more other persons, he commits or attempts to commit a felony, and in the course of and in furtherance of the felony, or in immediate flight therefrom:
(A) He or an accomplice causes serious physical injury to any person under circumstances manifesting extreme indifference to the value of human life; or
(B) Another person who is resisting the offense or flight causes serious physical injury to any person; or
(5)(A) He causes physical injury to a pregnant woman in the commission of a felony or a Class A misdemeanor causing her to suffer a miscarriage or stillbirth as a result of that injury; or
(B) He recklessly causes physical injury to a pregnant woman or causes physical injury to a pregnant woman under circumstances manifesting extreme indifference to the value of human life causing her to suffer a miscarriage or stillbirth as a result of that injury.
(C) As used in this subdivision (a)(5), unless the context otherwise requires:
(i) "Physical injury" means the impairment of physical condition, including, but not limited to, the inability to complete a full-term pregnancy, as defined by the pregnant woman's physician, or the infliction of substantial pain;
(ii) "Miscarriage" means the interruption of the normal development of the fetus, other than by a live birth and which is not an induced abortion, resulting in the complete expulsion or extraction of a fetus from a pregnant woman; and
(iii) "Stillbirth" means the death of a fetus prior to the complete expulsion or extraction from its mother, irrespective of the duration of pregnancy and which is not an induced abortion, and death is manifested by the fact that after the expulsion or extraction, the fetus does not breathe spontaneously or show other evidence of life such as heart beat, pulsation of the umbilical cord, or definite movement of voluntary muscles; or
(6) He intentionally or knowingly without legal justification causes serious physical injury to one he knows to be twelve (12) years of age or younger; or
(7) With the purpose of causing physical injury to another person he causes physical injury to any person by means of a firearm.
(b) It is an affirmative defense in any prosecution under subdivision (a)(4) of this section in which the defendant was not the only participant that the defendant:
(1) Did not commit the battery or in any way solicit, command, induce, procure, counsel, or aid its commission; and
(2) Was not armed with a deadly weapon; and
(3) Reasonably believed that no other participant was armed with a deadly weapon; and
(4) Reasonably believed that no other participant intended to engage in conduct which could result in serious physical injury.
(c) Battery in the first degree is a Class B felony. 

5-13-202. Battery in the second degree.

(a) A person commits battery in the second degree if: 
(1) With the purpose of causing physical injury to another person, he or she causes serious physical injury to any person; 
(2) With the purpose of causing physical injury to another person, he or she causes physical injury to any person by means of a deadly weapon other than a firearm; 
(3) He or she recklessly causes serious physical injury to another person by means of a deadly weapon; or 
(4) He or she intentionally or knowingly, without legal justification, causes physical injury to one he or she knows to be: 
(A)(i) A law enforcement officer, firefighter, or employee of a correctional facility while the officer, firefighter, or correctional facility employee is acting in the line of duty. 
(ii) For purposes of this subdivision (a)(4)(A), "employee of a correctional facility" includes a person working under a professional services contract with the Department of Correction, the Department of Community Correction, and the Division of Youth Services; 
(B) A teacher or other school employee, while acting in the course of employment; 
(C) An individual sixty (60) years of age or older or twelve (12) years of age or younger; 
(D) An officer or employee of the state while the officer or employee is acting in the performance of his or her lawful duty; 
(E) While performing medical treatment or emergency medical services or while in the course of other employment relating to his or her medical training: 
(i) A physician; 
(ii) A person certified as an emergency medical technician, as defined in § 20-13-202; 
(iii) A licensed or certified health care professional; or 
(iv) Any other health care provider; or 
(F) An individual who is incompetent, as defined by § 5-25-101(3). 
(b) Battery in the second degree is a Class D felony. 

5-13-301. Terroristic threatening.

(a)
(1) A person commits the offense of terroristic threatening in the first degree if:
(A) With the purpose of terrorizing another person, he threatens to cause death or serious physical injury or substantial property damage to another person; or
(B) With the purpose of terrorizing another person, he threatens to cause physical injury or property damage to a teacher or other school employee acting in the line of duty.
(2) Terroristic threatening in the first degree is a Class D felony.
(b)
(1) A person commits the offense of terroristic threatening in the second degree if, with the purpose of terrorizing another person, he threatens to cause physical injury or property damage to another person. 
(2) Terroristic threatening in the second degree is a Class A misdemeanor.
(c)
(1)
(A) A judicial officer, upon pretrial release of the defendant, shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(B) This no contact order shall remain in effect during the pendency of any appeal of a conviction under this section.
(C) The judicial officer or prosecuting attorney shall provide a copy of this no contact order to the victim and arresting agency without unnecessary delay.
(2) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter such orders as are consistent with § 5-2-305.

5-13-310. Terroristic act.

(a) For the purposes of this section, a person commits a terroristic act when, while not in the commission of a lawful act:
(1) He shoots at or in any manner projects an object with the purpose to cause injury to persons or property at a conveyance which is being operated or which is occupied by passengers; or
(2) He shoots with the purpose to cause injury to persons or property at an occupiable structure.
(b)
(1)  Any person who shall commit a terroristic act as defined in subsection (a) of this section shall be deemed guilty of a Class B felony.
(2) Any person who shall commit a terroristic act as defined in subsection (a) of this section shall be deemed guilty of a Class Y felony if the person, with the purpose of causing physical injury to another person, causes serious physical injury or death to any person.
(c) This section shall not repeal any laws or parts of laws in conflict herewith, but shall be supplemental thereto.

5-14-103. Rape.

(a)(1) A person commits rape if he or she engages in sexual intercourse or deviate sexual activity with another person: 
(A) By forcible compulsion; or [*note - this covers "marital rape", as well]
(B) Who is incapable of consent because he or she is physically helpless, mentally defective, or mentally incapacitated; or 
(C)(i) Who is less than fourteen (14) years of age. 
(ii) It is an affirmative defense to prosecution under subdivision (a)(1)(C)(i) of this section that the actor was not more than three (3) years older than the victim; or 
(D)(i) Who is less than eighteen (18) years of age, and the actor: 
(a) Is the victim's guardian; 
(b) Is the victim's uncle, aunt, grandparent, step-grandparent, or grandparent by adoption; 
(c) Is the victim's brother or sister of the whole or half blood or by adoption; or 
(d) Is the victim's nephew, niece, or first cousin. 
(ii) It is an affirmative defense to prosecution under subdivision (a)(1)(D)(i) of this section that the actor was not more than three (3) years older than the victim. 
(2) It is no defense to prosecution under subdivisions (a)(1)(C) or (D) of this section that the victim consented to the conduct. 
(3) Rape is a Class Y felony. 
(b)(1) A court may issue a permanent no contact order when: 
(A) A defendant pleads guilty or nolo contendere; or 
(B) All the defendant's appeals have been exhausted and the defendant remains convicted. 
(2) If a judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter such orders as are consistent with § 5-2-305. 

5-26-302. Definitions.

As used in this subchapter, "family or household member" or "family or household members" means:
(1) Spouses;
(2) Former spouses;
(3) Parents;
(4) Children, including any minors residing in the household;
(5)
(A) Persons related by blood within the fourth degree of consanguinity.
(B) Degrees of consanguinity shall be computed pursuant to § 28-9-212;
(6) Persons who presently or in the past have resided or cohabited together; and
(7) Persons who have or have had a child in common.
 
[*Note – the above definitions match those in the Domestic Abuse Act of 1991.]  

5-26-303. Domestic battering in the first degree.

(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; or
(2) With the purpose of seriously and permanently disfiguring a family or household member or of destroying, amputating, or permanently disabling a member or organ of a family or household member body, the person causes such an injury to a family or household member; or
(3) He or she causes serious physical injury to a family or household member under circumstances manifesting extreme indifference to the value of human life; or
(4) He or she commits any act of domestic battering as defined in subdivisions (a)(1)-(3) of this section or § 5-26-304 or § 5-26-305 and, for conduct which occurred within the ten (10) years preceding the commission of the current offense, he or she has on two (2) previous occasions been convicted of any act of battery against a family or household member as defined by the laws of this state or by the equivalent laws of any other state or foreign jurisdiction.
(b)
(1) Domestic battering in the first degree is a Class B felony.
(2) However, domestic battering in the first degree is a Class A felony upon a conviction pursuant to subsection of this section if committed against a woman the person knew or should have known was pregnant or if, for conduct which occurred within the five (5) years preceding the commission of the current offense, the person has:
(A) Committed a prior offense of:
(i) Domestic battering in the first degree;
(ii) Domestic battering in the second degree, § 5-26-304; or
(iii) Domestic battering in the third degree, § 5-26-305; or
(B) Violated an equivalent penal law of this state or of another state or foreign jurisdiction.

5-26-304. Domestic battering in the second degree.

(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, he or she causes serious physical injury to a family or household member; or
(2) With the purpose of causing physical injury to a family or household member, he or she causes physical injury  to a family or household member by means of a deadly weapon; or
(3) He or she recklessly causes serious physical injury to a family or household member by means of a deadly weapon.
(b)
(1) Domestic battering in the second degree is a Class C felony.
(2) However, domestic battering in the second degree is a Class B felony if committed against a woman the person knew or should have known was pregnant or if, for conduct which occurred within the five (5) years preceding the commission of the current offense, the person has:
(A) Committed a prior offense of:
(i) Domestic battering in the first degree, § 5-26-303;
(ii) Domestic battering in the second degree; or
(iii) Domestic battering in the third degree, § 5-26-305; or
(B) Violated an equivalent penal law of this state or of another state or foreign jurisdiction.

5-26-305. Domestic battering in the third degree.

(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, a person causes physical injury to a family or household member; or
(2) A person recklessly causes physical injury to a family or household member; or
(3) A person recklessly causes physical injury to a family or household member by means of a deadly weapon; or
(4) A person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to a family or household member by administering to a family or household member, without the family or household member's  consent, any drug or other substance.
(b)
(1) Domestic battering in the third degree is a Class A misdemeanor.
(2) However, domestic battering in the third degree is a Class D felony if committed against a woman the person knew or should have known was pregnant or if, for conduct which occurred within the five (5) years preceding the commission of the current offense, the person has:
(A) Committed a prior offense of:
(i) Domestic battering in the first degree, § 5-26-303;
(ii) Domestic battering in the second degree, § 5-26-304; or
(iii) Domestic battering in the third degree; or
(B) Violated an equivalent penal law of this state or of another state or foreign jurisdiction.

5-26-306. Aggravated assault on a family or household member.

(a) A person commits aggravated assault on a family or household member if, under circumstances manifesting extreme indifference to the value of human life, he purposely engages in conduct that creates a substantial danger of death or serious physical injury to a family or household member.
(b) Aggravated assault on a family or household member is a Class D felony.

5-26-307. First degree assault on family or household member.

(a) A person commits first degree assault on a family or household member if he recklessly engages in conduct which creates a substantial risk of death or serious physical injury to a family or household member.
(b) First degree assault on a family or household member is a Class A misdemeanor.

5-26-308. Second degree assault on family or household member.

(a) A person commits second degree assault on a family or household member if he recklessly engages in conduct which 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 misdemeanor.

5-26-309. Third degree assault on a family or household member.

(a) A person commits third degree assault on a family or household member if he 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.

5-26-310. Costs.

(a) The abused in any misdemeanor or felony domestic violence offense shall not bear the costs associated with the filing of criminal charges against the domestic violence offender or the costs associated with the issuance or service of a warrant and witness subpoena, except as provided in subsection (b) of this section.
(b) Nothing in this section shall be construed to prohibit a judge from assessing costs if the allegations of abuse are determined to be false.
(c)
(1) Upon entering a plea of guilty or nolo contendere or being found guilty, a defendant violating § 5-26-303, § 5-26-304, § 5-26-305, § 5-26-307, § 5-26-308, or § 5-26-309 may be required to reimburse any abuse shelter or other entity providing services to the victim under the provisions of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., provided some proof of expense is provided in conjunction with the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq.
(2)
(A) If the defendant maintains the home in which the abuse occurred and the victim will continue to incur lodging costs, the defendant may be ordered to continue to provide remuneration for the victim's lodging under the provisions of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., unless and until an action shall be commenced in a court of competent jurisdiction.
(B) Nothing in this section shall conflict with or preempt any orders of a judge in a divorce, custody, separate maintenance, or other related actions to dissolve the marriage.
(d) Nothing in this section shall conflict with or preempt provisions of § 16-90-703.

5-26-311. Residential confinement in home of victim prohibited.

In cases 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.

5-26-312. Determination of pregnancy.

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. [*for domestic abuse enhancements]

5-26-313. Notice.

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 it existed on January 1, 2007.

5-26-503. Interference with custody.

(a) A person commits the offense of interference with custody if without lawful authority he or she knowingly takes or entices, or aids, abets, hires, or otherwise procures another person to take or entice any minor from the custody of:
(1) The parent of the minor including an unmarried woman having legal custody of an illegitimate child under § 9-10-113;
(2) The guardian of the minor;
(3) A public agency having lawful charge of the minor; or
(4) Any other lawful custodian.

(b) Interference with custody is a Class C felony.

(c)
(1) In every case prior to serving a warrant for arrest on a person charged with the offense of interference with custody, the police officer or other law enforcement officer shall inform the Department of Health and Human Services of the circumstances of any minor named in the information or indictment as having been taken, enticed, or kept from the parent, guardian, or custodian in a manner constituting interference with custody.
(2) A representative of the department shall be present with the arresting police officer or law enforcement officer to take the minor into temporary custody of the department pending further proceedings by a court of competent jurisdiction.

(d)
(1) A court of competent jurisdiction shall determine the immediate custodial placement of any minor taken into custody by the department under subsection (c) of this section pursuant to a petition brought by the department to determine if there is probable cause to believe the minor may be:
(A) Removed from the jurisdiction of the court;
(B) Abandoned; or
(C) Outside the immediate care or supervision of a person lawfully entitled to custody.
(2) The court shall immediately give custody to the lawful custodian if it finds that the lawful custodian is present before the court.
(e)
(1) The department shall comply with the requirements of § 9-27-312 with regard to the giving of a notice and the setting of a hearing on a petition filed under subsection (d) of this section.
(2) The department is immune from liability with respect to any conduct undertaken pursuant to this section unless it is determined that the department acted with actual malice.

5-38-203. Criminal mischief in the first degree.

(a) A person commits the offense of criminal mischief in the first degree if he purposely and without legal justification destroys or causes damage to: 
(1) Any property of another; or 
(2) Any property, whether his own or that of another, for the purpose of collecting any insurance therefor. 
(b) In actions under this section involving cutting and removing timber from the property of another, the failure to obtain the survey as required by § 15-32-101 or the purposeful misrepresentation of the ownership or origin of the timber shall create a presumption of willful intent to commit the offense of criminal mischief in the first degree. 
(c) Criminal mischief in the first degree is a Class C felony if the amount of actual damage is five hundred dollars ($500) or more. Otherwise, it is a Class A misdemeanor. 
(d) In actions under this section involving cutting and removing timber from the property of another, there shall be imposed in addition to the penalty in subsection (c) of this section, a fine of not more than two (2) times the value of the timber destroyed or damaged; provided, however, that in addition to the above, the court can require the defendant to make restitution to the owner of the timber. 

5-38-204. Criminal mischief in the second degree.

(a) A person commits criminal mischief in the second degree if he: 
(1) Recklessly destroys or damages any property of another; or 
(2) Purposely tampers with any property of another, thereby causing substantial inconvenience to the owner or some other person. 
(b)(1) Criminal mischief in the second degree is a Class D felony if the amount of actual damage is two thousand five hundred dollars ($2,500) or more. 
(2) Criminal mischief in the second degree is a Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) but less than two thousand five hundred dollars ($2,500). 
(3) Otherwise, it is a Class B misdemeanor.  

5-39-203. Criminal trespass in or on a vehicle or structure. 

(a) A person commits criminal trespass if he purposely enters or remains unlawfully in or upon a vehicle or the premises of another person. 
(b) Criminal trespass is a Class B misdemeanor if the vehicle or premises involved is an occupiable structure. Otherwise, it is a Class C misdemeanor. 

5-53-134. Violation of an order of protection.

(a)
(1) A person commits the offense of violation of an order of protection if:
(A) A circuit court or other court with competent jurisdiction has issued a temporary order of protection or an order of protection against him or her pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.;
(B) He or she has received actual notice or notice pursuant to the Arkansas Rules of Civil Procedure of a temporary order of protection or an order of protection pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.; and
(C) He or she knowingly violates a condition of an order of protection issued pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.
(2) A person commits the offense of violation of an out-of-state order of protection if:
(A) The court of another state, a federally recognized Indian tribe, or a territory with jurisdiction over the parties and matters has issued a temporary order of protection or an order of protection against him or her pursuant to the laws or rules of the state, federally recognized Indian tribe, or territory;
(B) He or she has received actual notice or other lawful notice of a temporary order of protection or an order of protection pursuant to the laws or rules of the other state, the federally recognized Indian tribe, or the territory;
(C) He or she knowingly violates a condition of an order of protection issued pursuant to the laws or rules of the other state, the federally recognized Indian tribe, or the territory; and
(D) The requirements of § 9-15-302 concerning the full faith and credit for an out-of-state order of protection have been met.
(b) Violation of an order of protection under this section is a Class A misdemeanor.
(c)
(1) A law enforcement officer may arrest and take into custody without a warrant any person who the law enforcement officer has probable cause to believe:
(A) Is subject to an order of protection issued pursuant to the laws of this state; and
(B) Has violated the terms of the order, even if the violation did not take place in the presence of the law enforcement officer.  
(2) Under § 9-15-302, a law enforcement officer or agency may arrest and take into custody without a warrant any person who the law enforcement officer or agency has probable cause to believe:
(i) Is subject to an order of protection issued pursuant to the laws or rules of another state, a federally recognized Indian tribe, or a territory; and
(ii) Has violated the terms of the out-of-state order of protection, even if the violation did not take place in the presence of the law enforcement officer.
(d) It shall be an affirmative defense to a prosecution under this section that the parties have reconciled prior to the violation of the order.
(e) Any law enforcement officer acting in good faith and exercising due care in making an arrest for domestic abuse in an effort to comply with this subchapter shall have immunity from civil or criminal liability.

5-60-124. Interference with emergency communication in the first degree.

(a) A person commits the offense of interference with emergency communication in the first degree if he or she knowingly displaces, damages, or disables another person's telephone or other communication device with the purpose of defeating the other person's ability to request with good cause emergency assistance from a law enforcement agency, medical facility, or other government agency or entity that provides emergency assistance.
(b) Interference with emergency communication in the first degree is a Class A misdemeanor.

5-60-125. Interference with emergency communication in the second degree.

(a) A person commits the offense of interference with emergency communication in the second degree if he or she recklessly prevents, interrupts, disrupts, impedes, or interferes with another person's attempt to request with good cause emergency assistance from a law enforcement agency, medical facility, or other government agency or entity that provides emergency assistance.
(b) Interference with emergency communication in the second degree is a Class B misdemeanor.

5-71-208. Harassment.

(a) A person commits the offense of harassment if, with purpose to harass, annoy, or alarm another person, without good cause, he:
(1) Strikes, shoves, kicks, or otherwise touches a person, subjects him to offensive physical contact or attempts or threatens to do so; or
(2) In a public place, directs obscene language or makes an obscene gesture to or at another person in a manner likely to provoke a violent or disorderly response; or
(3) Follows a person in or about a public place; or
(4) In a public place repeatedly insults, taunts, or challenges another in a manner likely to provoke a violent or disorderly response; or
(5) Engages in conduct or repeatedly commits acts that alarm or seriously annoy another person and that serve no legitimate purpose; or
(6) Places the person under surveillance by remaining present outside his or her school, place of employment, vehicle, other place occupied by the person, or residence, other than the residence of the defendant, for no purpose other than to harass, alarm, or annoy.
(b) Harassment is a Class A misdemeanor.
(c) It is an affirmative defense to prosecution under this section whenever the actor is a law enforcement officer, licensed private investigator, attorney, process server, licensed bail bondsman, or a store detective acting within the reasonable scope of his duty while conducting surveillance on an official work assignment.
(d)
(1) A judicial officer, upon pretrial release of the defendant, shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(2) This no contact order shall remain in effect during the pendency of any appeal of a conviction under this section.
(3) The judicial officer or prosecuting attorney shall provide a copy of this no contact order to the victim and arresting agency without unnecessary delay.
(e) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter such orders as are consistent with § 5-2-305.

5-71-229. Stalking.

[also see Interstate Stalking]
 
(a)
(1) A person commits stalking in the first degree if he purposely engages in a course of conduct that harasses another person and makes a terroristic threat with the intent of placing that person in imminent fear of death or serious bodily injury or placing that person in imminent fear of the death or serious bodily injury of his or her immediate family and he:
(A) Does so in contravention of an order of protection consistent with the Domestic Abuse Act of 1991, § 9-15-101 et seq., or a no contact order as set out in subdivision (a)(2)(A) of this section, protecting the same victim or victims, or any other order issued by any court protecting the same victim or victims; or 
(B) Has been convicted within the previous ten (10) years of:
(i) Stalking in the second degree; or
(ii) Violating § 5-13-301 or § 5-13-310; or
(iii) Stalking or threats against another person's safety under the statutory provisions of any other state jurisdiction; or
(C) Is armed with a deadly weapon or represents by word or conduct that he is so armed.
(2)
(A) A judicial officer, upon pretrial release of the defendant, shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(B) This no contact order shall remain in effect during the pendency of any appeal of a conviction under subsection (a) of this section.
(C) The judicial officer or prosecuting attorney shall provide a copy of this no contact order to the victim and the arresting agency without unnecessary delay. 
(D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter such orders as are consistent with § 5-2-305.
(3) Stalking in the first degree is a Class B felony.
(b)
(1) A person commits stalking in the second degree if he purposely engages in a course of conduct that harasses another person and makes a terroristic threat with the intent of placing that person in imminent fear of death or serious bodily injury or placing that person in imminent fear of the death or serious bodily injury of his or her immediate family.
(2)
(A) A judicial officer, upon pretrial release of the defendant, shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(B) This no contact order shall remain in effect during the pendency of any appeal of a conviction under subsection (b) of this section.
(C) The judicial officer or prosecuting attorney shall provide a copy of this no contact order to the victim and arresting agency without unnecessary delay.
(D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter such orders as are consistent with § 5-2-305.
(3) Stalking in the second degree is a Class C felony.
(c) It is an affirmative defense to prosecution under this section whenever the actor is a law enforcement officer, licensed private investigator, attorney, process server, licensed bail bondsman, or a store detective acting within the reasonable scope of his duty while conducting surveillance on an official work assignment.
(d) For the purpose of this section:
(1)
(A) "Course of conduct" means a pattern of conduct composed of two (2) or more acts separated by at least thirty-six (36) hours, but occurring within one (1) year.
(B)
(i) Constitutionally protected activity is not included within the meaning of "course of conduct".
(ii) If the defendant claims that he was engaged in a constitutionally protected activity, the court shall determine the validity of that claim as a matter of law and, if found valid, shall exclude that activity from evidence; 
(2) "Harasses" means acts of harassment as defined by § 5-71-208; and
(3) "Immediate family" means any spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household or who, within the prior six (6) months, regularly resided in the household. [*Note – this is a different definition than what is found in the domestic abuse sections as "family or household member".]  

5-73-310. Application form.

[re: concealed handgun permits]
The application shall be completed, under oath, on a form promulgated by the director and shall include only:
(1) The name, address, place and date of birth, race, and sex of the applicant;
(2) The driver's license number or social security number of the applicant;
(3) Any previous address of the applicant for the two (2) years preceding the date of the application;
(4) A statement that the applicant is in compliance with criteria contained within §§ 5-73-308(a) and 5-73-309;
(5) A statement that the applicant has been furnished a copy of this subchapter and is acquainted with the truth and understanding of this subchapter;
(6) A conspicuous warning that the application is executed under oath, and that a knowingly false answer to any question or the knowing submission of any false document by the applicant subjects the applicant:
(A) To criminal prosecution and precludes any future license's being issued to the applicant; and
(B) To immediate revocation if the license has already been issued;
(7) A statement that the applicant desires a legal means to carry a concealed handgun to defend himself;
(8)
(A)  A statement of whether the applicant is applying for:
(i) An unrestricted permit, which allows the person to carry any handgun; or
(ii) A restricted permit, which allows the person to carry any handgun other than a semiautomatic handgun.
(B)
(i) An applicant requesting an unrestricted permit must establish proficiency in the use of a semiautomatic handgun.
(ii) An applicant requesting a restricted permit must establish proficiency in the use of a handgun and may use any kind of handgun when establishing proficiency; and
(9) A statement of whether or not the applicant has been found guilty of a crime of violence or domestic abuse.

5-68-413. Contempt.

Any respondent or any officer, agent, servant, employee, or attorney of such respondent or any person in active concert or participation by contract or arrangement with such respondent, who receives actual notice, by personal service or otherwise, of any injunction or restraining order entered pursuant to § 5-68-412 and who shall disobey any of the provisions thereof, shall be guilty of contempt of court.

5-68-412. Injunctions.

(a) Every order granting an injunction shall:
(1) Set forth the reasons for its issuance;
(2) Be specific in terms;
(3) Describe in reasonable detail, and not by reference to the complaint or other document, the act sought to be restrained;
(4) Be binding only upon the respondents to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation by contract or arrangement with them who receive actual notice of the order by personal service or otherwise.
(b) Copies of all orders of the court in finding any matter to be obscene and all orders of injunction issued in regard thereto shall be served upon all persons, and in the same manner, as is provided in § 5-68-408.