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5-13-301. Terroristic threatening.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-13-301. Terroristic threatening.
(a)(1) A person commits the offense of terroristic threatening in the first degree if:
(A) With the purpose of terrorizing another person, the person threatens to cause death or serious physical injury or substantial property damage to another person; or
(B) With the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to a teacher or other school employee acting in the line of duty.
(2) Terroristic threatening in the first degree is a Class D felony.
(b)(1) A person commits the offense of terroristic threatening in the second degree if, with the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to another person.
(2) Terroristic threatening in the second degree is a Class A misdemeanor.
(c)(1)(A) Upon pretrial release of the defendant, a judicial officer shall:
(i) Enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure; and
(ii) Give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(B) The no contact order under subdivision (c)(1)(A) of this section remains in effect during the pendency of any appeal of a conviction under this section.
(C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order under subdivision (c)(1)(A) of this section to the victim and arresting agency without unnecessary delay.
(2) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328, or both.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-13-301
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-13-301
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bb856fc305f63bad143db3fab751464401f3c63d1b133d2ba3b19230a2e3ff82
Source location: content.xml paragraph 10353
Stored source content
5-13-301. Terroristic threatening.
(a)(1) A person commits the offense of terroristic threatening in the first degree if:
(A) With the purpose of terrorizing another person, the person threatens to cause death or serious physical injury or substantial property damage to another person; or
(B) With the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to a teacher or other school employee acting in the line of duty.
(2) Terroristic threatening in the first degree is a Class D felony.
(b)(1) A person commits the offense of terroristic threatening in the second degree if, with the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to another person.
(2) Terroristic threatening in the second degree is a Class A misdemeanor.
(c)(1)(A) Upon pretrial release of the defendant, a judicial officer shall:
(i) Enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure; and
(ii) Give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(B) The no contact order under subdivision (c)(1)(A) of this section remains in effect during the pendency of any appeal of a conviction under this section.
(C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order under subdivision (c)(1)(A) of this section to the victim and arresting agency without unnecessary delay.
(2) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328, or both.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-327. Examination of defendant — Fitness to proceed.
(a)(1) Any party or the court may raise the issue of the defendant's fitness to proceed.
(2) The court shall order an examination under this section if it finds there is a reasonable suspicion that a defendant is not fit to proceed.
(3)(A) Subject to §§ 5-2-304 and 5-2-311, the court shall immediately suspend further proceedings in a prosecution if it has ordered an examination under this section.
(B)(i) If a jury has been impaneled and the court suspends proceedings under subdivision (a)(3)(A) of this section, the court may retain the jury or declare a mistrial and discharge the jury.
(ii) A discharge of the jury is not a bar to further prosecution.
(4) If a court suspends further proceedings in the prosecution under subdivision (a)(3)(A) of this section, the court shall enter an order:
(A) Appointing one (1) or more experts who do not practice in the Arkansas State Hospital to examine the defendant and report on the defendant's mental condition; or
(B)(i) Directing the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to provide an expert who will examine and report upon the defendant's mental condition.
(ii) The director or his or her designee shall determine the location of the examination required under subdivision (a)(4)(B)(i) of this section.
(b) An examination ordered under this section shall be for a period not exceeding sixty (60) days unless the director or his or her designee determines a longer period of examination is necessary for the purpose of the examination.
(c)(1) A uniform order to be used by a court ordering an examination of a defendant's fitness to proceed under this section shall be developed by the Administrat
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-327
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 5-2-327. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-328. Examination of defendant — Affirmative defense of lack of criminal responsibility.
(a)(1) Subject to § 5-2-311, if and only if a defendant charged in circuit court files a notice of intent to raise the affirmative defense of lack of criminal responsibility under § 5-2-304, the circuit court shall immediately suspend any further proceedings.
(2) When the defendant files notice under subdivision (a)(1) of this section, then the circuit court may on its own motion or on the motion of the prosecuting attorney or the defense attorney enter an order appointing one (1) or more disinterested experts to examine the defendant with regard to the defense of lack of criminal responsibility.
(3)(A) An examination under this section shall be for a period not exceeding sixty (60) days or a longer period as the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or his or her designee determines to be necessary for the purpose of the examination.
(B)(i) A person designated by the circuit court to perform an examination under this section shall file the examination report with the clerk of the circuit court ordering the examination.
(ii) An examination report filed under this subdivision (a)(3)(B) is a public record.
(iii) A copy of the examination report shall be provided by the clerk to the defendant's attorney and the prosecuting attorney.
(b)(1) A uniform order to be used by a circuit court ordering an examination of a defendant's lack of criminal responsibility under this section shall be developed by the Administrative Office of the Courts in conjunction with the following organizations:
(A) The Arkansas Prosecuting Attorneys Association;
(B) The Department of Human Services; and
(C) The Arkansas
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-328
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 5-2-328. This identifies an authority to review, not proof of applicability.