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20-22-306. Conviction as prima facie evidence in civil action.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-22-306. Conviction as prima facie evidence in civil action.
Conviction for violation of § 5-38-310 or any part of § 5-38-311 shall be prima facie evidence of responsibility in civil action to recover damages or suppression costs under § 20-22-304.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-22-306
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:20-22-306
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c8c358beff5edcdd7efc5ca6eb45a7c65e65afd2221adea9a9e7bbb59203909c
Source location: content.xml paragraph 20053
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20-22-306. Conviction as prima facie evidence in civil action.
Conviction for violation of § 5-38-310 or any part of § 5-38-311 shall be prima facie evidence of responsibility in civil action to recover damages or suppression costs under § 20-22-304.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-22-304. Civil action for damages.
(a) Persons, firms, or corporations starting or being responsible for fires that cause damage to any other person shall make satisfaction in double damage to the party injured.
(b) Damages are to be recovered by civil action.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-22-304
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 20-22-304. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-38-310. Unlawful burning.
(a) A person commits the offense of unlawful burning if the person:
(1) Sets on fire or causes or procures to be set on fire any forest, brush, or other inflammable vegetation on another person's land;
(2) Allows a fire that he or she built or has charge of to escape from his or her control or to spread to a person's land other than that of the builder of the fire;
(3)(A) Burns any brush, stumps, logs, rubbish, fallen timber, grass, stubble, or debris of any sort, whether on the person's own land or another person's land, without taking necessary precaution both before lighting the fire and at any time after lighting the fire to prevent the escape of the fire.
(B) The escape of fire to adjoining timber, brush, or grassland is prima facie evidence that a necessary precaution was not taken;
(4) Builds a camp fire on another person's land without clearing the ground immediately around it of material that will carry fire;
(5) Leaves on another person's land a camp fire to spread on that person's land;
(6) Starts a fire in forest material not the person's own by throwing away a lighted cigar, match, or cigarette or by the use of a firearm or in any other manner and leaves the fire unextinguished;
(7) Defaces or destroys a fire warning notice;
(8) Is an employee of the Arkansas Forestry Commission or an officer charged with a duty of enforcing a criminal law and fails to attempt to secure the arrest and conviction of a person against whom he or she has evidence or can secure evidence of violating a fire law; or
(9) Sets on fire or causes or procures to be set on fire any forest, brush, or other flammable material in violation of a burn ban on outdoor burning declared under § 12-75-108.
(b) Unlawful burning is a Class A misde
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-38-310
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 5-38-310. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-38-311. Unlawful burning — Miscellaneous felonies.
(a) The following acts are Class C felonies:
(1) Purposely setting on fire the land of another person;
(2) Starting a fire on the person's own land that he or she has leased or is under his or her control with the intent of letting the fire escape to the land of another person; and
(3) The destruction or injuring of, or theft of, any telephone line, tower, building, tool, or equipment used in the detection, reporting, or suppression of fires.
(b) No bond for costs shall be required in any court of this state for prosecution for violation of a provision of this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-38-311
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 5-38-311. This identifies an authority to review, not proof of applicability.