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25-16-1105. Enforcement.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-16-1105. Enforcement.
(a)(1) Forfeiture of an office, position, or employment may be raised at the time a public servant pleads guilty or nolo contendere to or is found guilty of an offense under § 25-16-1103(a).
(2)(A) If the issue of forfeiture is raised against a public servant, the circuit court shall order the public servant to pay a penalty.
(B) The circuit court shall determine the amount of the penalty under subdivision (a)(2)(A) of this section by considering the following:
(i) The length of time over which the offense occurred;
(ii) The amount of money the offense cost the governmental body;
(iii) The amount of the public servant's salary during the time period in which the offense occurred;
(iv) The severity of the public servant's breach of public trust; and
(v) Any other information the court considers relevant.
(C) A penalty paid under subdivision (a)(2) of this section is in addition to an award to the state for restitution and the sentence of the public servant.
(3) If the issue of forfeiture is raised against a public servant, following sentencing a circuit court shall order forfeiture of an office, position, or employment upon a finding that § 25-16-1103 applies to the public servant.
(b)(1) If the issue of forfeiture is not raised under subsection (a) of this section, an action may be brought to remove the public servant in the manner provided by law to prevent usurpation of office under § 16-118-105.
(2)(A) If a public servant is removed under subdivision (b)(1) of this section, the circuit court shall order the public servant to pay a penalty to the state.
(B) The circuit court shall determine the amount of the penalty under subdivision (b)(2)(A) of this section by considering the factors under subdivision (a)(2)(B) of t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-16-1105
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:25-16-1105
Source file: gov.ar.code.title.25.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bd11cda15b833461f0e698c1fc4f5a54064e36f60b6bdd3ab1b1273f8f42af48
Source location: content.xml paragraph 6387
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25-16-1105. Enforcement.
(a)(1) Forfeiture of an office, position, or employment may be raised at the time a public servant pleads guilty or nolo contendere to or is found guilty of an offense under § 25-16-1103(a).
(2)(A) If the issue of forfeiture is raised against a public servant, the circuit court shall order the public servant to pay a penalty.
(B) The circuit court shall determine the amount of the penalty under subdivision (a)(2)(A) of this section by considering the following:
(i) The length of time over which the offense occurred;
(ii) The amount of money the offense cost the governmental body;
(iii) The amount of the public servant's salary during the time period in which the offense occurred;
(iv) The severity of the public servant's breach of public trust; and
(v) Any other information the court considers relevant.
(C) A penalty paid under subdivision (a)(2) of this section is in addition to an award to the state for restitution and the sentence of the public servant.
(3) If the issue of forfeiture is raised against a public servant, following sentencing a circuit court shall order forfeiture of an office, position, or employment upon a finding that § 25-16-1103 applies to the public servant.
(b)(1) If the issue of forfeiture is not raised under subsection (a) of this section, an action may be brought to remove the public servant in the manner provided by law to prevent usurpation of office under § 16-118-105.
(2)(A) If a public servant is removed under subdivision (b)(1) of this section, the circuit court shall order the public servant to pay a penalty to the state.
(B) The circuit court shall determine the amount of the penalty under subdivision (b)(2)(A) of this section by considering the factors under subdivision (a)(2)(B) of this section.
(C) A penalty paid under this subdivision (b)(2) is in addition to an award to the state for restitution and the sentence of the public servant.
(c)(1) A public official who is removed from office under Arkansas Constitution, Article 5, § 9, may be ordered to pay a penalty if he or she pleads guilty or nolo contendere to or is found guilty of one (1) of the following offenses:
(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.
(2) The circuit court shall determine the amount of the penalty under subdivision (c)(1) of this section by considering the factors under subdivision (a)(2)(B) of this section.
(3) A penalty paid under subdivision (c)(1) of this section is in addition to an award to the state for restitution and the sentence of the public official.
(d) If a person holding an office, position, or employment in a governmental body is disqualified from the office, position, or employment under § 25-16-1104, an action may be brought to remove the person in the manner provided by law to prevent usurpation of office under § 16-118-105.
(e) This section does not prohibit a taxpayer from bringing a civil action under Arkansas Constitution, Article 16, § 13.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-118-105. Usurpation of office or franchise — Vacation of charters.
(a) In lieu of the writs of scire facias and quo warranto, or of information in the nature of a quo warranto, actions may be brought to vacate or repeal charters and prevent the usurpation of an office or franchise.
(b)(1) Whenever a person usurps an office or franchise to which he or she is not entitled by law, an action may be instituted against him or her, either by the state or the party entitled to the office or franchise, to prevent the usurper from exercising the office or franchise.
(2) A person who continues to exercise an office after having committed an act, or omitted to do an act, of which the commission or omission, by law, created a forfeiture of his or her office, shall be subject to be proceeded against for a usurpation thereof.
(3)(A) It shall be the duty of the prosecuting attorney to institute the actions mentioned in this section against all persons who usurp county offices or franchises where there is no other person entitled thereto or the person entitled fails to institute the action for three (3) months after the usurpation.
(B) For usurpation of other than county offices or franchises, the action by the state shall be instituted and prosecuted by the Attorney General.
(4)(A)(i) When a person is adjudged to have usurped an office or franchise, he or she shall be deprived thereof by the judgment of the court, and the person adjudged entitled thereto shall be reinstated in the office or franchise.
(ii) No one shall be adjudged entitled thereto unless the action is instituted by him or her.
(B) The court shall have power to enforce its judgment by causing the books and papers, and all other things pertaining to the office or franchise, to be surrendered by the usu
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-118-105
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 16-118-105. This identifies an authority to review, not proof of applicability.
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. The source passage cites 25-16-1103. This identifies an authority to review, not proof of applicability.
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.