Browse Arkansas Code titles and sections
16-118-107. Civil action by crime victim.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-118-107. Civil action by crime victim.
(a)(1) Any person injured or damaged by reason of conduct of another person that would constitute a felony under Arkansas law may file a civil action to recover damages based on the conduct.
(2) The burden of proof for showing conduct that constituted a felony shall be a preponderance of the evidence.
(3) If the person who is injured or damaged prevails, he or she shall be entitled to recover costs and attorney's fees.
(b) The action may be maintained by the person who was injured or damaged or, after the person's death, the executor, administrator, or representative of his or her estate.
(c) The remedy provided in this section shall be in addition to any other remedies in law or equity.
(d) This section does not apply to offenses under § 5-28-101 et seq. or the Medicaid Fraud Act, § 5-55-101 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-118-107
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:16-118-107
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1a58330396c18f20b94f7341427cddad162ffc5c6ac851155c85b0f9740fbf7a
Source location: content.xml paragraph 48485
Stored source content
16-118-107. Civil action by crime victim.
(a)(1) Any person injured or damaged by reason of conduct of another person that would constitute a felony under Arkansas law may file a civil action to recover damages based on the conduct.
(2) The burden of proof for showing conduct that constituted a felony shall be a preponderance of the evidence.
(3) If the person who is injured or damaged prevails, he or she shall be entitled to recover costs and attorney's fees.
(b) The action may be maintained by the person who was injured or damaged or, after the person's death, the executor, administrator, or representative of his or her estate.
(c) The remedy provided in this section shall be in addition to any other remedies in law or equity.
(d) This section does not apply to offenses under § 5-28-101 et seq. or the Medicaid Fraud Act, § 5-55-101 et seq.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-28-101. Definitions.
As used in this chapter:
(1) “Abuse” means:
(A) Any purposeful and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person;
(B) Any purposeful or demeaning act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm;
(C) Any purposeful threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause; or
(D) With regard to any adult long-term care facility resident by a caregiver, any purposeful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish;
(2) “Adult maltreatment” means adult abuse, exploitation, neglect, physical abuse, or sexual abuse;
(3) “Caregiver” means a related or unrelated person, owner, agent, high managerial agent of a public or private organization, or a public or private organization that has the responsibility for the protection, care, or custody of an adult endangered person or an adult impaired person as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court;
(4) “Endangered person” means:
(A) An adult who:
(i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to the adult; and
(ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or
(B) A long-term care facility resident who:
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-28-101
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. The source passage cites 5-28-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-55-101. Title.
This subchapter shall be known and may be cited as the “Medicaid Fraud Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-55-101
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. The source passage cites 5-55-101. This identifies an authority to review, not proof of applicability.