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5-26-410. Jurisdiction.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-26-410. Jurisdiction.
(a) When any person is liable to be prosecuted under § 5-26-401, he or she may be indicted, tried, and convicted in:
(1) The county where the violation of § 5-26-401 originally occurred;
(2) Any county where he or she might be apprehended; or
(3) The county where the injured spouse or child resided at the time of the filing of the indictment or information.
(b) Subdivisions (a)(2) and (3) of this section apply because each successive day the offense continues is declared to be a violation of § 5-26-401 not only in the county where the offense originally occurred but in any county where the offender or the injured spouse or child resides while the course of conduct condemned in § 5-26-401 continues.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-26-410
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:5-26-410
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bede46e7eed3b9aaedb7635881935b74bc34cfba6c5769ebac42b30af823f06f
Source location: content.xml paragraph 12938
Stored source content
5-26-410. Jurisdiction.
(a) When any person is liable to be prosecuted under § 5-26-401, he or she may be indicted, tried, and convicted in:
(1) The county where the violation of § 5-26-401 originally occurred;
(2) Any county where he or she might be apprehended; or
(3) The county where the injured spouse or child resided at the time of the filing of the indictment or information.
(b) Subdivisions (a)(2) and (3) of this section apply because each successive day the offense continues is declared to be a violation of § 5-26-401 not only in the county where the offense originally occurred but in any county where the offender or the injured spouse or child resides while the course of conduct condemned in § 5-26-401 continues.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-26-401. Nonsupport.
(a) A person commits the offense of nonsupport if he or she fails to provide support to the person's:
(1) Spouse who is physically or mentally infirm or financially dependent;
(2) Legitimate child who is less than eighteen (18) years of age;
(3) Illegitimate child who is less than eighteen (18) years of age and whose parentage has been determined in a previous judicial proceeding; or
(4) Dependent child who is physically or mentally infirm.
(b)(1) Nonsupport is a Class A misdemeanor.
(2) However, nonsupport is a:
(A) Class D felony if the person:
(i) Leaves or remains outside the State of Arkansas for more than thirty (30) days while a current duty of support is unpaid. However, it is an affirmative defense to a charge under this subdivision (b)(2)(A)(i) that the defendant did not leave or remain outside the state with the purpose of avoiding the payment of support;
(ii) Has previously been convicted of nonsupport; or
(iii) Owes more than two thousand five hundred dollars ($2,500) in past-due child support, pursuant to a court order or by operation of law, and the amount represents at least four (4) months of past-due child support;
(B) Class C felony if the person owes more than ten thousand dollars ($10,000) but less than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law; or
(C) Class B felony if the person owes more than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law.
(c) The court may direct that a fine imposed upon conviction of nonsupport or a bond forfeited in connection with a prosecution for nonsupport be paid for the support and maintenance of the person entitled to support.
(d)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-26-401
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 5-26-401. This identifies an authority to review, not proof of applicability.