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5-38-202. Causing a catastrophe — Threatening to cause a catastrophe.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-38-202. Causing a catastrophe — Threatening to cause a catastrophe.
(a)(1) A person commits the offense of causing a catastrophe if he or she knowingly causes a catastrophe by:
(A) Explosion;
(B) Fire;
(C) Flood;
(D) Avalanche;
(E) Collapse of building;
(F) Distribution of a poison, radioactive material, bacteria, or virus; or
(G) Another dangerous and difficult to confine force or substance.
(2) Causing a catastrophe is a Class Y felony.
(b)(1) A person commits the offense of threatening to cause a catastrophe if he or she:
(A) Contacts any person, company, corporation, or governmental entity; and
(B) Threatens to cause a catastrophe by explosion, fire, flood, avalanche, collapse of building, release of a poison, radioactive material, bacteria, or virus, or another dangerous and difficult to confine force or substance, unless:
(i) Paid a sum of money or any type of property; or
(ii) The person, company, corporation, or governmental entity performs a requested act.
(2) Threatening to cause a catastrophe is a Class D felony.
(c) In addition to any other restitution ordered under § 5-4-205, a court may order that a person who violates this section make restitution to the state or any political subdivision of the state for any cleanup costs associated with the commission of the offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-38-202
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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Record provenance
Stable record: arkansas_code:legal_authorities:5-38-202
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2b7d3ff5b7da58bb1f8ca3806f5d4cbe521a6a9ca83e4f443d2d449a77b00690
Source location: content.xml paragraph 17289
Stored source content
5-38-202. Causing a catastrophe — Threatening to cause a catastrophe.
(a)(1) A person commits the offense of causing a catastrophe if he or she knowingly causes a catastrophe by:
(A) Explosion;
(B) Fire;
(C) Flood;
(D) Avalanche;
(E) Collapse of building;
(F) Distribution of a poison, radioactive material, bacteria, or virus; or
(G) Another dangerous and difficult to confine force or substance.
(2) Causing a catastrophe is a Class Y felony.
(b)(1) A person commits the offense of threatening to cause a catastrophe if he or she:
(A) Contacts any person, company, corporation, or governmental entity; and
(B) Threatens to cause a catastrophe by explosion, fire, flood, avalanche, collapse of building, release of a poison, radioactive material, bacteria, or virus, or another dangerous and difficult to confine force or substance, unless:
(i) Paid a sum of money or any type of property; or
(ii) The person, company, corporation, or governmental entity performs a requested act.
(2) Threatening to cause a catastrophe is a Class D felony.
(c) In addition to any other restitution ordered under § 5-4-205, a court may order that a person who violates this section make restitution to the state or any political subdivision of the state for any cleanup costs associated with the commission of the offense.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-205. Restitution.
(a)(1) A defendant who is found guilty or who enters a plea of guilty or nolo contendere to an offense may be ordered to pay restitution.
(2) If the court decides not to order restitution or orders restitution of only a portion of the loss suffered by the victim, the court shall state on the record in detail the reasons for not ordering restitution or for ordering restitution of only a portion of the loss.
(b)(1) Whether a trial court or a jury, the sentencing authority shall make a determination of actual economic loss caused to a victim by the offense.
(2) When an offense has resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant:
(A) Pay the cost of a necessary medical or related professional service or device relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing;
(B) Pay the cost of necessary physical and occupational therapy and rehabilitation;
(C)(i) Reimburse the victim for income lost by the victim as a result of the offense.
(ii) The maximum that a victim may recover for lost income is fifty thousand dollars ($50,000); and
(D) Pay an amount equal to the cost of a necessary funeral and related services in the case of an offense that resulted in bodily injury that also resulted in the death of a victim.
(3) When an offense has not resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant reimburse the victim for income lost by the victim as a result of the offense.
(4)(A) The determination of the amount of loss is a factual question to be decided by the preponderance of the evidence presented to the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-205
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 5-4-205. This identifies an authority to review, not proof of applicability.