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5-13-202. Battery in the second degree.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-13-202. Battery in the second degree.
(a) A person commits battery in the second degree if:
(1) With the purpose of causing physical injury to another person, the person causes serious physical injury to another person;
(2) With the purpose of causing physical injury to another person, the person causes physical injury to another person by means of a deadly weapon other than a firearm;
(3) The person recklessly causes serious physical injury to another person:
(A) By means of a deadly weapon; or
(B) While operating or in actual physical control of a motor vehicle or motorboat if at the time:
(i) The person is intoxicated; or
(ii) The alcohol concentration in the person's breath or blood is eight-hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204; or
(4) The person knowingly, without legal justification, causes physical injury to or incapacitates a person he or she knows to be:
(A)(i) A law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while the law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility is acting in the line of duty.
(ii) As used in this subdivision (a)(4)(A):
(a)(1) “Code enforcement officer” means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation.
(2) “Code enforcement officer” includes a municipal animal control officer; and
(b) “Employee of a correctional facility” includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services;
(B) A teacher o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-13-202
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:5-13-202
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 433c56c2caeccc6b539bc61694a1ae7dc4991bb79d16e3e032591b6af1b3029c
Source location: content.xml paragraph 9830
Stored source content
5-13-202. Battery in the second degree.
(a) A person commits battery in the second degree if:
(1) With the purpose of causing physical injury to another person, the person causes serious physical injury to another person;
(2) With the purpose of causing physical injury to another person, the person causes physical injury to another person by means of a deadly weapon other than a firearm;
(3) The person recklessly causes serious physical injury to another person:
(A) By means of a deadly weapon; or
(B) While operating or in actual physical control of a motor vehicle or motorboat if at the time:
(i) The person is intoxicated; or
(ii) The alcohol concentration in the person's breath or blood is eight-hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204; or
(4) The person knowingly, without legal justification, causes physical injury to or incapacitates a person he or she knows to be:
(A)(i) A law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while the law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility is acting in the line of duty.
(ii) As used in this subdivision (a)(4)(A):
(a)(1) “Code enforcement officer” means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation.
(2) “Code enforcement officer” includes a municipal animal control officer; and
(b) “Employee of a correctional facility” includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services;
(B) A teacher or other school employee while acting in the course of employment;
(C) An individual sixty (60) years of age or older or twelve (12) years of age or younger;
(D) An officer or employee of the state while the officer or employee of the state is acting in the performance of his or her lawful duty;
(E) While performing medical treatment or emergency medical services or while in the course of other employment relating to his or her medical training:
(i) A physician;
(ii) A person licensed as emergency medical services personnel, as defined in § 20-13-202;
(iii) A licensed or certified healthcare professional; or
(iv) Any other healthcare provider; or
(F) An individual who is incompetent, as defined in § 5-25-101.
(b)(1) Battery in the second degree under subdivision (a)(3)(B) of this section is a Class C felony.
(2) Otherwise, battery in the second degree is a Class D felony.
(c) As used in this section, “motorboat” means the same as defined in § 5-65-102.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-13-202. Definitions.
As used in this subchapter:
(1) “Air ambulance” means an aircraft, fixed or rotary wing, utilized for on-scene responses or transports deemed necessary by a physician and licensed by the Department of Health;
(2) “Air ambulance services” means those services authorized and licensed by the department to provide care and air transportation of patients;
(3)(A) “Ambulance” means a vehicle used for transporting any person by stretcher or gurney upon the streets or highways of Arkansas, excluding vehicles intended solely for personal use by immediate family members.
(B) “Ambulance” does not include nonemergency transportation vehicles that may accommodate an individual in an upright position or Fowler's position while in a wheelchair without the aid of emergency medical services personnel;
(4) “Ambulance services” means services authorized and licensed by the department to provide care and transportation of patients upon the streets and highways of Arkansas;
(5) “Emergency medical services” means:
(A) The transportation and medical care provided the ill or injured before arrival at a medical facility by a licensed emergency medical services personnel or other healthcare provider;
(B) Continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of that facility; and
(C) Integrated medical care in emergency and nonurgent settings with the oversight of a physician;
(6)(A) “Emergency medical services personnel” means an individual licensed by the department at any level established by the rules adopted by the State Board of Health under this subchapter and authorized to perform those services set forth in the rules.
(B) These shall include without limitation eme
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-13-202
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 20-13-202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-25-101. Definitions.
As used in this subtitle:
(1) “Adult” means any person eighteen (18) years of age or older;
(2) “Deviate sexual activity” means any act of sexual gratification involving:
(A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or
(B) The penetration, however slight, of the labia majora or anus of a person by any body member of or foreign instrument manipulated by another person;
(3)(A) “Incompetent” means any person unable to care for himself or herself because of physical or mental disease or defect.
(B) The status embraced by “incompetent” may or may not exist regardless of any adjudication concerning incompetency;
(4) “Minor” means any person under eighteen (18) years of age; and
(5) “Sexual intercourse” means penetration, however slight, of the labia majora by a penis.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-25-101
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 5-25-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-102. Definitions.
As used in this chapter:
(1)(A) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I through VI.
(B) The fact that any person charged with a violation of this chapter is or has been entitled to use that drug or controlled substance under the laws of this state does not constitute a defense against any charge of violating this chapter;
(2) “Ignition interlock device” means a device that connects a motor vehicle ignition system to a breath-alcohol analyzer and prevents a motor vehicle ignition from starting if a driver's blood alcohol level exceeds the calibration setting on the device;
(3) “Influence”, with respect to an underage driver, means being controlled or affected by the ingestion of an alcoholic beverage or similar intoxicant, or any combination of an alcoholic beverage or similar intoxicant, to such a degree that the underage driver's reactions, motor skills, and judgment are altered or diminished, even to the slightest scale, and the underage driver, due to inexperience and lack of skill, constitutes a danger of physical injury or death to himself or herself or another person;
(4) “Intoxicated” means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant, to such a degree that the driver's reactions, motor skills, and judgment are substantially altered and the driver, therefore, constitutes a clear and substantial danger of physical injury or death to himself or herself or another person;
(5)(A) “Motorboat” means any vessel operated upon water and that is propelled by machinery, whether or not the machinery is the principal source of propulsion.
(B) “Motorboat” includes personal wate
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-102
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 5-65-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-204. Validity — Approved methods.
(a)(1) As used in this chapter, § 5-10-105, § 5-75-101 et seq., and § 5-76-101 et seq. [repealed], “alcohol concentration” means either:
(A) Grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood; or
(B) Grams of alcohol per two hundred ten liters (210 l) of breath.
(2) The alcohol concentration of urine, saliva, or other bodily substance is based upon grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood, the same being percent weight per volume or percent alcohol concentration.
(b)(1)(A) A chemical test made to determine the presence and amount of alcohol in a person's blood, urine, saliva, or breath to be considered valid under this chapter shall be performed according to a method approved by the Department of Health and State Board of Health or by an individual possessing a valid certificate issued by the department for this purpose.
(B) The department may:
(i) Approve satisfactory techniques or methods for the chemical test;
(ii) Ascertain the qualifications and competence of an individual to conduct the chemical test; and
(iii) Issue a certificate that is subject to termination or revocation at the discretion of the department.
(C)(i) An auxiliary law enforcement officer appointed as a reserve law enforcement officer and certified by the department in the operation of an instrument used to determine the alcohol content of the breath may operate an instrument used to determine the alcohol content of the breath under this chapter.
(ii) The department shall promulgate rules to implement subdivision (b)(1)(C)(i) of this section.
(2) However, a method of chemical analysis of a person's blood, urine, saliva,
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-204
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 5-65-204. This identifies an authority to review, not proof of applicability.