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12-17-101. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-17-101. Definitions.
As used in this chapter:
(1) “Drug crime” means a misdemeanor or felony criminal offense prosecuted in district court or circuit court that violates:
(A) Any provision of the Uniform Controlled Substances Act, § 5-64-401 et seq., or any solicitation, attempt, or conspiracy to violate the Uniform Controlled Substances Act, § 5-64-401 et seq.;
(B) Any criminal violation of state law, or any solicitation, attempt, or conspiracy to violate state law, committed for the purpose of unlawfully acquiring, obtaining, manufacturing, purchasing, procuring, possessing, distributing, delivering, shipping, or transporting controlled substances, prescription drugs, drug paraphernalia, or precursor chemicals or components used to manufacture controlled substances;
(C) Any criminal violation of state or federal law, or any solicitation, attempt, or conspiracy to violate state or federal law involving the use or possession of any fraudulent, falsified, forged, or altered identification card or document evidencing the identity of an individual, issued or purportedly issued by any state, federal, or foreign government, for the purpose of unlawfully acquiring, obtaining, manufacturing, purchasing, procuring, possessing, distributing, delivering, shipping, or transporting controlled substances, prescription drugs, drug paraphernalia, or precursor chemicals or components used to manufacture controlled substances;
(D) Any criminal violation of state or federal law, or any solicitation, attempt, or conspiracy to violate state or federal law, for the purpose of committing any act that constitutes money laundering, as defined by § 5-42-204, of proceeds and profits related to violations of the Uniform Controlled Substances Act, § 5-64-401 et seq.; or
(E) Any cri
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-17-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:12-17-101
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e2d1f37e9187d8bfb34560ad708eef2c07aae0d575d9b9c33f612d5decaeb846
Source location: content.xml paragraph 8672
Stored source content
12-17-101. Definitions.
As used in this chapter:
(1) “Drug crime” means a misdemeanor or felony criminal offense prosecuted in district court or circuit court that violates:
(A) Any provision of the Uniform Controlled Substances Act, § 5-64-401 et seq., or any solicitation, attempt, or conspiracy to violate the Uniform Controlled Substances Act, § 5-64-401 et seq.;
(B) Any criminal violation of state law, or any solicitation, attempt, or conspiracy to violate state law, committed for the purpose of unlawfully acquiring, obtaining, manufacturing, purchasing, procuring, possessing, distributing, delivering, shipping, or transporting controlled substances, prescription drugs, drug paraphernalia, or precursor chemicals or components used to manufacture controlled substances;
(C) Any criminal violation of state or federal law, or any solicitation, attempt, or conspiracy to violate state or federal law involving the use or possession of any fraudulent, falsified, forged, or altered identification card or document evidencing the identity of an individual, issued or purportedly issued by any state, federal, or foreign government, for the purpose of unlawfully acquiring, obtaining, manufacturing, purchasing, procuring, possessing, distributing, delivering, shipping, or transporting controlled substances, prescription drugs, drug paraphernalia, or precursor chemicals or components used to manufacture controlled substances;
(D) Any criminal violation of state or federal law, or any solicitation, attempt, or conspiracy to violate state or federal law, for the purpose of committing any act that constitutes money laundering, as defined by § 5-42-204, of proceeds and profits related to violations of the Uniform Controlled Substances Act, § 5-64-401 et seq.; or
(E) Any criminal violation of state or federal law or any solicitation, attempt, or conspiracy thereof, involving any firearm, deadly weapon, or explosive device used or possessed with intent to use:
(i) To enforce or facilitate any criminal act defined under the Uniform Controlled Substances Act, § 5-64-401 et seq.; or
(ii) To commit a criminal offense defined by Arkansas law that intimidates, threatens, injures, maims, or kills any law enforcement officer, prosecutor, judicial officer, or any other court official, witness, informant, or juror involved in the investigation or prosecution of any violation of the Uniform Controlled Substances Act, § 5-64-401 et seq.;
(2) “Investigate” means any law enforcement activities directed toward drug crimes, including without limitation prevention, eradication, investigation, and interdiction;
(3) “Law enforcement agency” means:
(A) Any county sheriff's office of any county in this state;
(B) Any municipal police department of an organized city or town within this state; and
(C) The Department of Arkansas State Police;
(4) “Multi-jurisdictional drug crime task force” means an association consisting of a minimum of two (2) law enforcement agencies and one (1) prosecuting attorney acting by agreement to jointly investigate and prosecute drug crimes in a defined geographic area or judicial district; and
(5) “Prosecuting attorney” means the elected prosecuting attorney for any judicial district, including without limitation appointed deputies and investigators.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-42-204. Criminal use of property or laundering criminal proceeds.
(a) A person commits the offense of criminal use of property or laundering criminal proceeds if the person knowingly:
(1) Conducts or attempts to conduct a transaction involving criminal proceeds that were derived from any predicate criminal offense, or that were represented to be criminal proceeds from any predicate criminal offense, with the intent to:
(A) Conceal the location, source, ownership, or control of the criminal proceeds;
(B) Avoid a reporting requirement under state or federal law; or
(C) Acquire any interest in the criminal proceeds; or
(2) Uses or makes available for use any property in which he or she has any ownership or lawful possessory interest to facilitate a predicate criminal offense.
(b) Any person who is guilty of criminal use of property or laundering criminal proceeds commits a Class C felony.
(c)(1) Upon conviction, the prosecuting attorney may institute a civil action against any person who violates this section to obtain a judgment against any person who violates this section, jointly and severally, for damages in an amount equal to property, funds, or a monetary instrument involved in the violation as well as the proceeds acquired by any person involved in the enterprise or by reason of conduct in furtherance of the violation, together with costs incurred for resources and personnel used in the investigation and prosecution of both criminal and civil proceedings.
(2) The standard of proof in an action brought under this subsection is preponderance of the evidence.
(3) The procedures for forfeiture and distribution in the asset forfeiture law, § 5-64-505, apply.
(4) A defendant in a civil action brought under this subsection is entitled to trial by ju
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-42-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-42-204. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-401. [Repealed.]
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. The source passage cites 5-64-401. This identifies an authority to review, not proof of applicability.