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18-11-401. Purpose.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-11-401. Purpose.
It is the intent and purpose of this subchapter to clarify the posting law of this state. However, this subchapter does not set forth the exclusive method by which a property owner or lessee may notify persons to not enter or remain upon their property, nor does this subchapter repeal or modify § 18-11-301 et seq., which limits the liability of landowners to persons gratuitously utilizing their property for recreational purposes, nor does this subchapter repeal or modify § 5-39-203 which is the provision of the Arkansas Criminal Code relating to trespass.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-11-401
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:18-11-401
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a501c784f4e757a67d7f5472386ebbc651f94215807d3829cec295b757008b42
Source location: content.xml paragraph 861
Stored source content
18-11-401. Purpose.
It is the intent and purpose of this subchapter to clarify the posting law of this state. However, this subchapter does not set forth the exclusive method by which a property owner or lessee may notify persons to not enter or remain upon their property, nor does this subchapter repeal or modify § 18-11-301 et seq., which limits the liability of landowners to persons gratuitously utilizing their property for recreational purposes, nor does this subchapter repeal or modify § 5-39-203 which is the provision of the Arkansas Criminal Code relating to trespass.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-11-301. Purpose.
The purpose of this subchapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-11-301
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 18-11-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-39-203. Criminal trespass.
(a) A person commits criminal trespass if he or she purposely enters or remains unlawfully in or upon:
(1) A vehicle of another person; or
(2) The premises owned or leased by another person.
(b) Criminal trespass is a:
(1) Class D felony if the person has two (2) or more convictions for a Class A misdemeanor violation of this section or § 5-39-305;
(2) Class A misdemeanor if:
(A) At the time of the criminal trespass, the person is in possession of one (1) or more of the following:
(i) A killing device;
(ii) A harvesting device;
(iii) A device primarily used for the location and unearthing of buried or submerged artifacts; or
(iv) A tool designed to gain entry into a structure by breaking a lock or breaking through a fence, including without limitation a boltcutter;
(B) The person is on premises containing a commercial fishing or fish breeding operation and at that time is in possession of a fishing pole or net designed to capture fish; or
(C) The person has a prior conviction for a violation of this section;
(3) Class B misdemeanor if:
(A) The vehicle or premises involved is an occupiable structure; or
(B) The conduct involves the removal of a posted sign, a fence, or a portion of a fence as defined in § 2-39-102; or
(4) Class C misdemeanor if otherwise committed.
(c) It is a defense to prosecution under this section that:
(1) The person was a guest or invitee;
(2) The person was required to enter upon the premises of the other person for a business reason or for health and safety reasons;
(3) The person was authorized by law to enter upon the premises;
(4) The privately owned premises were made open to the public; or
(5) The person owns or is employed by a person or entity that owns property adj
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-39-203
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 5-39-203. This identifies an authority to review, not proof of applicability.