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16-93-303. Probation — First time offenders — Procedure.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-303. Probation — First time offenders — Procedure.
(a)(1)(A)(i) When an accused enters a plea of guilty or nolo contendere prior to an adjudication of guilt, the circuit court or district court, in the case of a defendant who previously has not been convicted of a felony, without making a finding of guilt or entering a judgment of guilt and with the consent of the defendant, may defer further proceedings and place the defendant on probation for a period of not less than one (1) year, under such terms and conditions as may be set by the circuit court or district court.
(ii) A sentence of a fine not exceeding three thousand five hundred dollars ($3,500) or an assessment of court costs against a defendant does not negate the benefits provided by this section or cause the probation placed on the defendant under this section to constitute a conviction except under subsections (c)-(e) of this section.
(B) However, a person who is found guilty of or pleads guilty or nolo contendere to one (1) or more of the following offenses is not eligible for sealing of the record under this subchapter:
(i) An offense that requires the person to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;
(ii) Public sexual indecency, § 5-14-111;
(iii) Indecent exposure, § 5-14-112;
(iv) Bestiality, § 5-14-122;
(v) Exposing another person to the human immunodeficiency virus, § 5-14-123; or
(vi) A serious felony involving violence or a felony involving violence as provided in § 5-4-501.
(2) Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided.
(3) This subsection does not require or compel any court of this state to establish first offender procedures as provided i
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-303
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:16-93-303
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 80dcb487b42920ce844f1982a03f0bd4791f37ea1fcad33e02b79f52e5a9b98e
Source location: content.xml paragraph 37645
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16-93-303. Probation — First time offenders — Procedure.
(a)(1)(A)(i) When an accused enters a plea of guilty or nolo contendere prior to an adjudication of guilt, the circuit court or district court, in the case of a defendant who previously has not been convicted of a felony, without making a finding of guilt or entering a judgment of guilt and with the consent of the defendant, may defer further proceedings and place the defendant on probation for a period of not less than one (1) year, under such terms and conditions as may be set by the circuit court or district court.
(ii) A sentence of a fine not exceeding three thousand five hundred dollars ($3,500) or an assessment of court costs against a defendant does not negate the benefits provided by this section or cause the probation placed on the defendant under this section to constitute a conviction except under subsections (c)-(e) of this section.
(B) However, a person who is found guilty of or pleads guilty or nolo contendere to one (1) or more of the following offenses is not eligible for sealing of the record under this subchapter:
(i) An offense that requires the person to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;
(ii) Public sexual indecency, § 5-14-111;
(iii) Indecent exposure, § 5-14-112;
(iv) Bestiality, § 5-14-122;
(v) Exposing another person to the human immunodeficiency virus, § 5-14-123; or
(vi) A serious felony involving violence or a felony involving violence as provided in § 5-4-501.
(2) Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided.
(3) This subsection does not require or compel any court of this state to establish first offender procedures as provided in this section and §§ 16-93-301 and 16-93-302.
(b) Upon fulfillment of the terms and conditions of probation or upon release by the court prior to the termination period thereof, the defendant shall be discharged without court adjudication of guilt, whereupon the court shall enter an appropriate order that shall effectively dismiss the case, discharge the defendant, and seal the record, if consistent with the procedures established in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.
(c) During the period of probation described in subdivision (a)(1)(A)(i) of this section, a defendant is considered as not having a felony conviction except for:
(1) Application of any law prohibiting possession of a firearm by certain persons;
(2) A determination of habitual offender status;
(3) A determination of criminal history;
(4) A determination of criminal history scores;
(5) Sentencing; and
(6) A purpose of impeachment as a witness under Rule 609 of the Arkansas Rules of Evidence.
(d) After successful completion of probation placed on the defendant under this section, a defendant is considered as not having a felony conviction except for:
(1) A determination of habitual offender status;
(2) A determination of criminal history;
(3) A determination of criminal history scores;
(4) Sentencing; and
(5) A purpose of impeachment as a witness under Rule 609 of the Arkansas Rules of Evidence.
(e) The eligibility to possess a firearm of a person whose record has been sealed under this subchapter and the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., is governed by § 5-73-103.
(f) A court as a condition of probation shall order the defendant to:
(1)(A)(i) Enroll in and complete a vocational, technical, educational, or similar program if the court finds that the defendant's lack of an employable or marketable skill contributes to the defendant's being unemployed.
(ii) The court may order the person to pay tuition for any vocational, technical, educational, or similar program in installments after the completion of the education or training program.
(B) If the defendant is on probation at the end of the vocational, technical, educational, or similar program required under subdivision (f)(1)(A) of this section, he or she shall be required to work in suitable employment for the remainder of his or her probation or for three (3) years, whichever occurs earlier; or
(2) Work consistently in suitable employment for the entire duration of his or her probation or for three (3) years, whichever occurs earlier.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-901. Title.
This subchapter shall be known and may be cited as the “Sex Offender Registration Act of 1997”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-901
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 12-12-901. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-14-111. Public sexual indecency.
(a) A person commits public sexual indecency if he or she engages in any of the following acts in a public place or public view:
(1) An act of sexual intercourse;
(2) An act of deviate sexual activity; or
(3) An act of sexual contact.
(b) Public sexual indecency is a Class A misdemeanor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-14-111
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 5-14-111. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-14-112. Indecent exposure.
(a) A person commits indecent exposure if, with the purpose to arouse or gratify a sexual desire of himself or herself or of any other person, the person exposes his or her sex organs:
(1) In a public place or in public view; or
(2) Under circumstances in which the person knows the conduct is likely to cause affront or alarm.
(b)(1) Except as provided in subdivisions (b)(2) and (b)(3) of this section, indecent exposure is a Class A misdemeanor.
(2) For a fourth or fifth conviction within ten (10) years of a previous conviction, indecent exposure is a Class D felony.
(3) For a sixth conviction and each successive conviction within ten (10) years of a previous conviction, indecent exposure is a Class C felony.
(c) A woman is not in violation of this section for breastfeeding a child in a public place or any place where other individuals are present.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-14-112
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 5-14-112. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-14-122. Bestiality.
(a) As used in this section, “animal” means any dead or alive nonhuman vertebrate.
(b) A person commits bestiality if he or she performs or submits to any act of sexual gratification with an animal involving his or her or the animal's sex organs and the mouth, anus, penis, or vagina of the other.
(c) Bestiality is a Class A misdemeanor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-14-122
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 5-14-122. This identifies an authority to review, not proof of applicability.