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25-16-1103. Forfeiture of office.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-16-1103. Forfeiture of office.
(a) A public servant holding an office, position, or employment in a governmental body shall forfeit the office, position, or employment if he or she pleads guilty or nolo contendere to or is found guilty of:
(1) A felony offense relating to the public servant's office, position, or employment;
(2) A misdemeanor offense involving fraud, dishonesty, bribery, forgery, or other form of corruption relating to the public servant's office, position, or employment; or
(3) Theft of property under § 5-36-103 when the victim of the theft is the governmental body with which the public servant is associated.
(b)(1) A public official may be removed from office under Arkansas Constitution, Article 5.
(2) The General Assembly or the state may consider the following offenses when determining if a public official is qualified:
(A) A felony offense;
(B) Theft of property under § 5-36-103;
(C) Abuse of office under § 5-52-107; or
(D) Witness tampering under § 5-53-110.
(c) A public official or public servant may hold a public office after he or she is removed from an office, position, or employment with a governing body if an offense identified in subdivision (b)(2) of this section is expunged and permitted under applicable law.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-16-1103
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:25-16-1103
Source file: gov.ar.code.title.25.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e0ffab1c22c5157ad2c7a13d866a2a0d514571a4260e322aaf9769e795a1426d
Source location: content.xml paragraph 6361
Stored source content
25-16-1103. Forfeiture of office.
(a) A public servant holding an office, position, or employment in a governmental body shall forfeit the office, position, or employment if he or she pleads guilty or nolo contendere to or is found guilty of:
(1) A felony offense relating to the public servant's office, position, or employment;
(2) A misdemeanor offense involving fraud, dishonesty, bribery, forgery, or other form of corruption relating to the public servant's office, position, or employment; or
(3) Theft of property under § 5-36-103 when the victim of the theft is the governmental body with which the public servant is associated.
(b)(1) A public official may be removed from office under Arkansas Constitution, Article 5.
(2) The General Assembly or the state may consider the following offenses when determining if a public official is qualified:
(A) A felony offense;
(B) Theft of property under § 5-36-103;
(C) Abuse of office under § 5-52-107; or
(D) Witness tampering under § 5-53-110.
(c) A public official or public servant may hold a public office after he or she is removed from an office, position, or employment with a governing body if an offense identified in subdivision (b)(2) of this section is expunged and permitted under applicable law.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-36-103. Theft of property.
(a) A person commits theft of property if he or she knowingly:
(1) Takes or exercises unauthorized control over or makes an unauthorized transfer of an interest in the property of another person with the purpose of depriving the owner of the property; or
(2) Obtains the property of another person by deception or by threat with the purpose of depriving the owner of the property.
(b) Theft of property is a:
(1) Class B felony if:
(A) The value of the property is twenty-five thousand dollars ($25,000) or more;
(B) The property is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person;
(C) The property is obtained by threat and the actor stands in a confidential or fiduciary relationship to the person threatened; or
(D) The property is:
(i) Anhydrous ammonia in any form;
(ii) A product containing any percentage of anhydrous ammonia in any form;
(iii) Utility property and the value of the property is five hundred dollars ($500) or more; or
(iv) Oil and gas equipment, the value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000), and the person:
(a) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or
(b) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment;
(2) Class C felony if:
(A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000);
(B) The property is obtained by threat;
(C) The property is a firearm valued at two thousand five hundred dollars ($2,500) or m
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-36-103
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. The source passage cites 5-36-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-52-107. Abuse of office.
(a) A person commits the offense of abuse of office if, being a public servant, or being a person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position, and with the purpose of benefiting in a pecuniary fashion or obtaining a sexual favor for himself or herself or another person or of harming another person, the person knowingly:
(1) Commits an unauthorized act which purports to be an act of his or her office; or
(2) Omits to perform a duty imposed on him or her by law or clearly inherent in the nature of his or her office.
(b) Abuse of office is a:
(1) Class B felony if the value of the benefit is twenty-five thousand dollars ($25,000) or more;
(2) Class C felony if the value of the benefit is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000);
(3) Class D felony if the value of the benefit is five hundred dollars ($500) or more but less than five thousand dollars ($5,000); or
(4) Class A misdemeanor if the value of the benefit is less than five hundred dollars ($500) or the value of the benefit cannot be determined.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-52-107
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. The source passage cites 5-52-107. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-53-110. Tampering.
(a) A person commits the offense of tampering if, believing that an official proceeding or investigation is pending or about to be instituted, he or she induces or attempts to induce another person to:
(1) Testify or inform falsely;
(2) Withhold any unprivileged testimony, information, document, or thing regardless of the admissibility under the rules of evidence of the testimony, information, document, or thing and notwithstanding the relevance or probative value of the testimony, information, document, or thing to an investigation;
(3) Elude legal process summoning that person to testify or supply evidence, regardless of whether the legal process was lawfully issued; or
(4) Absent himself or herself from any proceeding or investigation to which that person has been summoned.
(b)(1) Tampering under subdivision (a)(1) of this section is a Class D felony.
(2) Otherwise, tampering is a Class A misdemeanor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-53-110
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 5-53-110. This identifies an authority to review, not proof of applicability.