Browse Arkansas Code titles and sections
16-118-103. Gambling debts and losses.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-118-103. Gambling debts and losses.
(a)(1)(A)(i) Any person who loses any money or property at any game or gambling device, or any bet or wager whatever, may recover the money or property by obtaining a judgment ordering the return of the money or property following an action against the person winning the money or property.
(ii) The suit shall be instituted within ninety (90) days after the paying over of the money or property so lost.
(B) The replevin suit provided for in subdivision (a)(1)(A) of this section does not excuse a person from liability for or create a defense under § 5-2-601 et seq. to any crime of violence with which he or she may be charged as a result of conduct to recover money or property so lost.
(2) The heirs, executors, administrators, or creditors of the person losing any money or property at any game or gambling device, or on any bet or wager whatever, may have the same remedy as is provided in subdivision (a)(1) of this section for the person losing.
(3) Nothing in this subsection shall be so construed as to enable any person to recover any money or property lost on any turf race.
(b)(1) All judgments, conveyances, bonds, bills, notes, securities, and contracts, where the consideration or any part thereof is money or property won at any game or gambling device, or any bet or wager whatever, or for money or property lent to be bet at any gaming or gambling device, or at any sport or pastime whatever, shall be void.
(2) The assignment of any bond, bill, note, judgment, conveyance, contract, or other security shall not affect the defense of the person executing the assignment.
(c) Any matter of defense under this section may be specially pleaded or may be given in evidence under the general issue.
(d)(1) In all suits under thi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-118-103
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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Record provenance
Stable record: arkansas_code:legal_authorities:16-118-103
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6fb6492bdd1f6c6cfae18709acf98c9009046f7f0abb52b27cbdb7625e9ca0d2
Source location: content.xml paragraph 48263
Stored source content
16-118-103. Gambling debts and losses.
(a)(1)(A)(i) Any person who loses any money or property at any game or gambling device, or any bet or wager whatever, may recover the money or property by obtaining a judgment ordering the return of the money or property following an action against the person winning the money or property.
(ii) The suit shall be instituted within ninety (90) days after the paying over of the money or property so lost.
(B) The replevin suit provided for in subdivision (a)(1)(A) of this section does not excuse a person from liability for or create a defense under § 5-2-601 et seq. to any crime of violence with which he or she may be charged as a result of conduct to recover money or property so lost.
(2) The heirs, executors, administrators, or creditors of the person losing any money or property at any game or gambling device, or on any bet or wager whatever, may have the same remedy as is provided in subdivision (a)(1) of this section for the person losing.
(3) Nothing in this subsection shall be so construed as to enable any person to recover any money or property lost on any turf race.
(b)(1) All judgments, conveyances, bonds, bills, notes, securities, and contracts, where the consideration or any part thereof is money or property won at any game or gambling device, or any bet or wager whatever, or for money or property lent to be bet at any gaming or gambling device, or at any sport or pastime whatever, shall be void.
(2) The assignment of any bond, bill, note, judgment, conveyance, contract, or other security shall not affect the defense of the person executing the assignment.
(c) Any matter of defense under this section may be specially pleaded or may be given in evidence under the general issue.
(d)(1) In all suits under this section, the plaintiff may call on the defendant to answer on oath any interrogatory touching the case, and if the defendant refuses to answer, the same shall be taken as confessed.
(2) The answer shall not be admitted as evidence against the person in any proceedings by indictment.
(e) It is the strong public policy of the State of Arkansas that gambling, whether regulated or unregulated, on credit is an unenforceable contract and the courts of this state shall not enforce gambling debts, regardless of whether the contract was entered into within this state or without this state.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-601. Definitions.
As used in this subchapter:
(1) “Common carrier” means any vehicle used to transport for hire any member of the public;
(2) “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;
(3) “Dwelling” means an enclosed space that is used or intended to be used as a human habitation, home, or residence on a temporary or permanent basis;
(4) “Minor” means any person under eighteen (18) years of age;
(5)(A) “Occupiable structure” means a vehicle, building, or other structure:
(i) Where any person lives or carries on a business or other calling;
(ii) Where people assemble for a purpose of business, government, education, religion, entertainment, or public transportation; or
(iii) That is customarily used for overnight accommodation of a person whether or not a person is actually present.
(B) “Occupiable structure” includes each unit of an occupiable structure divided into a separately occupied unit;
(6) “Physical force” means:
(A) Any bodily impact, restraint, or confinement; or
(B) The threat of any bodily impact, restraint, or confinement;
(7) “Premises” means:
(A) An occupiable structure; or
(B) Any real property;
(8) “Unlawful physical force” means physical force that is employed without the consent of the person against whom it is directed and the employment of the physical force constitutes a criminal offense or tort or would constitute a criminal offense or tort except for a defense other than the defense of justification or privilege; and
(9) “Vehicle” means any craft or device designed for the transportation of a person or property across land or water or through the air.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-601
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 5-2-601. This identifies an authority to review, not proof of applicability.