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5-4-104. Authorized sentences generally.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-104. Authorized sentences generally.
(a) No defendant convicted of an offense shall be sentenced otherwise than in accordance with this chapter.
(b) A defendant convicted of capital murder, § 5-10-101, or treason, § 5-51-201, shall be sentenced to death or life imprisonment without parole in accordance with §§ 5-4-601 — 5-4-605, 5-4-607, and 5-4-608, except if the defendant was younger than eighteen (18) years of age at the time he or she committed the capital murder or treason he or she shall be sentenced to life imprisonment with the possibility of parole after serving a minimum of thirty (30) years' imprisonment.
(c)(1) A defendant convicted of a Class Y felony or murder in the second degree, § 5-10-103, shall be sentenced to a term of imprisonment in accordance with §§ 5-4-401 — 5-4-404.
(2) In addition to imposing a term of imprisonment, the trial court may sentence a defendant convicted of a Class Y felony or murder in the second degree, § 5-10-103, to any one (1) or more of the following:
(A) Pay a fine as authorized by §§ 5-4-201 and 5-4-202;
(B) Make restitution as authorized by § 5-4-205; or
(C) Suspend imposition of an additional term of imprisonment, as authorized by subdivision (e)(3) of this section.
(d) A defendant convicted of an offense other than a Class Y felony, capital murder, § 5-10-101, treason, § 5-51-201, or murder in the second degree, § 5-10-103, may be sentenced to any one (1) or more of the following, except as precluded by subsection (e) of this section:
(1) Imprisonment as authorized by §§ 5-4-401 — 5-4-404;
(2) Probation as authorized by §§ 5-4-301 — 5-4-307 and 16-93-306 — 16-93-314;
(3) Payment of a fine as authorized by §§ 5-4-201 and 5-4-202;
(4) Restitution as authorized by a provision of § 5-4-205; or
(5
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-104
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:5-4-104
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f8c6983f5be73a087874aa7e33eec370b2ea106ad9546124a2c1647a55fde681
Source location: content.xml paragraph 3898
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5-4-104. Authorized sentences generally.
(a) No defendant convicted of an offense shall be sentenced otherwise than in accordance with this chapter.
(b) A defendant convicted of capital murder, § 5-10-101, or treason, § 5-51-201, shall be sentenced to death or life imprisonment without parole in accordance with §§ 5-4-601 — 5-4-605, 5-4-607, and 5-4-608, except if the defendant was younger than eighteen (18) years of age at the time he or she committed the capital murder or treason he or she shall be sentenced to life imprisonment with the possibility of parole after serving a minimum of thirty (30) years' imprisonment.
(c)(1) A defendant convicted of a Class Y felony or murder in the second degree, § 5-10-103, shall be sentenced to a term of imprisonment in accordance with §§ 5-4-401 — 5-4-404.
(2) In addition to imposing a term of imprisonment, the trial court may sentence a defendant convicted of a Class Y felony or murder in the second degree, § 5-10-103, to any one (1) or more of the following:
(A) Pay a fine as authorized by §§ 5-4-201 and 5-4-202;
(B) Make restitution as authorized by § 5-4-205; or
(C) Suspend imposition of an additional term of imprisonment, as authorized by subdivision (e)(3) of this section.
(d) A defendant convicted of an offense other than a Class Y felony, capital murder, § 5-10-101, treason, § 5-51-201, or murder in the second degree, § 5-10-103, may be sentenced to any one (1) or more of the following, except as precluded by subsection (e) of this section:
(1) Imprisonment as authorized by §§ 5-4-401 — 5-4-404;
(2) Probation as authorized by §§ 5-4-301 — 5-4-307 and 16-93-306 — 16-93-314;
(3) Payment of a fine as authorized by §§ 5-4-201 and 5-4-202;
(4) Restitution as authorized by a provision of § 5-4-205; or
(5) Imprisonment and payment of a fine.
(e)(1)(A) The court shall not suspend imposition of sentence as to a term of imprisonment nor place the defendant on probation for the following offenses:
(i) Capital murder, § 5-10-101;
(ii) Treason, § 5-51-201;
(iii) A Class Y felony, except to the extent suspension of an additional term of imprisonment is permitted in subsection (c) of this section;
(iv) Driving or boating while intoxicated, § 5-65-103;
(v) Murder in the second degree, § 5-10-103, except to the extent suspension of an additional term of imprisonment is permitted in subsection (c) of this section; or
(vi) Engaging in a continuing criminal enterprise, § 5-64-405.
(B)(i) In any other case, the court may suspend imposition of sentence or place the defendant on probation, in accordance with §§ 5-4-301 — 5-4-307 and 16-93-306 — 16-93-314, except as otherwise specifically prohibited by statute.
(ii) The court may not suspend execution of sentence.
(2) If the offense is punishable by fine and imprisonment, the court may sentence the defendant to pay a fine and suspend imposition of the sentence as to imprisonment or place the defendant on probation.
(3)(A) The court may sentence the defendant to a term of imprisonment and suspend imposition of sentence as to an additional term of imprisonment.
(B) However, the court shall not sentence a defendant to imprisonment and place him or her on probation, except as authorized by § 5-4-304.
(f)(1) If the court determines that an offender under eighteen (18) years of age would be more amenable to a rehabilitation program of the Division of Youth Services and that he or she previously has not been committed to the Division of Youth Services on more than one (1) occasion, the court may sentence the offender under eighteen (18) years of age to the Division of Correction for a term of years, suspend the sentence, and commit him or her to the custody of the Division of Youth Services.
(2) In a case under subdivision (f)(1) of this section, if the offender under eighteen (18) years of age completes the program of the Division of Youth Services satisfactorily, the Division of Youth Services shall return him or her to the sentencing court and provide the sentencing court with a written report of his or her progress and a recommendation that the offender under eighteen (18) years of age be placed on probation.
(3)(A) In the event that the offender under eighteen (18) years of age violates a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the Division of Youth Services may return him or her to the sentencing court with a written report of his or her conduct and a recommendation that the offender under eighteen (18) years of age be transferred to the Division of Correction.
(B) If the court finds that the offender under eighteen (18) years of age has violated a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the court shall then revoke the suspension of the sentence originally imposed and commit the offender under eighteen (18) years of age to the Division of Correction.
(g) This chapter does not deprive the court of any authority conferred by law to:
(1) Order a forfeiture of property;
(2) Suspend or cancel a license;
(3) Dissolve a corporation;
(4) Remove a person from office;
(5) Cite for contempt;
(6) Impose any civil penalty; or
(7) Assess costs as set forth in subsection (h) of this section.
(h) A defendant convicted of violating § 5-11-106, in which a minor was unlawfully detained, restrained, taken, enticed, or kept, may be assessed and ordered to pay expenses incurred by a law enforcement agency, the Department of Human Services, or the lawful custodian in searching for or returning the minor to the lawful custodian.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-101. Capital murder.
(a) A person commits capital murder if:
(1) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit:
(i) Terrorism, as defined in § 5-54-205;
(ii) Rape, § 5-14-103;
(iii) Kidnapping, § 5-11-102;
(iv) Vehicular piracy, § 5-11-105;
(v) Robbery, § 5-12-102;
(vi) Aggravated robbery, § 5-12-103;
(vii) Residential burglary, § 5-39-201(a);
(viii) Commercial burglary, § 5-39-201(b);
(ix) Aggravated residential burglary, § 5-39-204;
(x) A felony violation of the Uniform Controlled Substances Act, §§ 5-64-101 — 5-64-508, involving an actual delivery of a controlled substance; or
(xi) First degree escape, § 5-54-110; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of a person under circumstances manifesting extreme indifference to the value of human life;
(2) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit arson, § 5-38-301; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person;
(3) With the premeditated and deliberated purpose of causing the death of any law enforcement officer, jailer, prison official, firefighter, judge or other court official, probation officer, parole officer, any military personnel, or teacher or school employee, when such person is acting in the line of duty, the person causes the death of any person;
(4) With the premeditated and deliberated purpose of causing the death of another person, the person causes the death of any person;
(5) With the premeditated and deliberated purpose of causing the death of the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-101
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 5-10-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-601. Legislative intent.
(a) In enacting this subchapter, it is the intent of the General Assembly to specify the procedures and standards pursuant to which a sentencing body shall conform in making a determination as to whether a sentence of death is to be imposed upon a conviction of capital murder.
(b) If the provisions of this subchapter respecting sentencing procedures are held invalid with regard to the imposition of a sentence of death or a sentence of death is declared to be invalid per se, it is the intent of the General Assembly that:
(1) Capital murder is punishable by life imprisonment without parole; and
(2) The procedures and findings required by §§ 5-4-602 — 5-4-605, 5-4-607, and 5-4-608 are deemed repealed and of no effect.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-601
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 5-4-601. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-605. Mitigating circumstances.
A mitigating circumstance includes, but is not limited to, the following:
(1) The capital murder was committed while the defendant was under extreme mental or emotional disturbance;
(2) The capital murder was committed while the defendant was acting under an unusual pressure or influence or under the domination of another person;
(3) The capital murder was committed while the capacity of the defendant to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of law was impaired as a result of mental disease or defect, intoxication, or drug abuse;
(4) The youth of the defendant at the time of the commission of the capital murder;
(5) The capital murder was committed by another person and the defendant was an accomplice and his or her participation was relatively minor; or
(6) The defendant has no significant history of prior criminal activity.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-605
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 5-4-605. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-51-201. Treason.
(a) Treason against the state shall consist only in:
(1) Levying war against the state; or
(2) Adhering to the state's enemies, giving them aid and comfort.
(b) No person shall be convicted of treason unless on:
(1) The testimony of two (2) witnesses to the same overt act; or
(2) The person's own confession in open court.
(c) Treason is punishable by death or life imprisonment without parole pursuant to §§ 5-4-601 — 5-4-605, 5-4-607, and 5-4-608.
(d) For all purposes other than disposition under §§ 5-4-101 — 5-4-104, 5-4-201 — 5-4-204, 5-4-301 — 5-4-307, 5-4-401 — 5-4-404, 5-4-501 — 5-4-504, 5-4-601 — 5-4-605, 5-4-607, 5-4-608, 16-93-307, 16-93-313, and 16-93-314, treason is a Class A felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-51-201
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 5-51-201. This identifies an authority to review, not proof of applicability.