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5-4-106. Extended post-conviction no contact order.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-106. Extended post-conviction no contact order.
(a) As used in this section:
(1) “Extended post-conviction no contact order” means an order issued by a court to a defendant after a conviction for an offense listed in subsection (b) of this section that contains terms as described in subsection (d) of this section; and
(2) “Victim” means:
(A) A person against whom an offense listed in subsection (b) of this section was committed; or
(B) A family member of a person against whom capital murder, § 5-10-101, murder in the first degree, § 5-10-102, or murder in the second degree, § 5-10-103, was committed.
(b) At the request of the prosecuting attorney, a court shall determine whether to issue an extended post-conviction no contact order to a person convicted of one (1) or more of the following offenses:
(1) Capital murder, § 5-10-101, or attempted capital murder;
(2) Murder in the first degree, § 5-10-102, or attempted murder in the first degree;
(3) Murder in the second degree, § 5-10-103, or attempted murder in the second degree;
(4) Kidnapping, § 5-11-102;
(5) Battery in the first degree, § 5-13-201;
(6) Battery in the second degree, § 5-13-202;
(7) Rape, § 5-14-103;
(8) Sexual assault in the first degree, § 5-14-124;
(9) Domestic battering in the first degree, § 5-26-303;
(10) Domestic battering in the second degree, § 5-26-304; or
(11) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211, if a Class Y felony.
(c)(1) If a request is made under subsection (b) of this section, the court shall order the defendant to show cause why an extended post-conviction no contact order shall not be issued and shall hold a show cause hearing at the sentencing of the defendant.
(2) A victim has
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-106
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:5-4-106
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7e6bbc46ddc6b1d03111e6d3af8bf448e45a00e3ba7a242eef6b25f72e813ba5
Source location: content.xml paragraph 4075
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5-4-106. Extended post-conviction no contact order.
(a) As used in this section:
(1) “Extended post-conviction no contact order” means an order issued by a court to a defendant after a conviction for an offense listed in subsection (b) of this section that contains terms as described in subsection (d) of this section; and
(2) “Victim” means:
(A) A person against whom an offense listed in subsection (b) of this section was committed; or
(B) A family member of a person against whom capital murder, § 5-10-101, murder in the first degree, § 5-10-102, or murder in the second degree, § 5-10-103, was committed.
(b) At the request of the prosecuting attorney, a court shall determine whether to issue an extended post-conviction no contact order to a person convicted of one (1) or more of the following offenses:
(1) Capital murder, § 5-10-101, or attempted capital murder;
(2) Murder in the first degree, § 5-10-102, or attempted murder in the first degree;
(3) Murder in the second degree, § 5-10-103, or attempted murder in the second degree;
(4) Kidnapping, § 5-11-102;
(5) Battery in the first degree, § 5-13-201;
(6) Battery in the second degree, § 5-13-202;
(7) Rape, § 5-14-103;
(8) Sexual assault in the first degree, § 5-14-124;
(9) Domestic battering in the first degree, § 5-26-303;
(10) Domestic battering in the second degree, § 5-26-304; or
(11) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211, if a Class Y felony.
(c)(1) If a request is made under subsection (b) of this section, the court shall order the defendant to show cause why an extended post-conviction no contact order shall not be issued and shall hold a show cause hearing at the sentencing of the defendant.
(2) A victim has the right to be heard at the show cause hearing.
(d) If the court determines after the show cause hearing under subsection (c) of this section that the defendant should be subject to an extended post-conviction no contact order, the court shall:
(1) Enter written findings of fact and the grounds on which the extended post-conviction no contact order is issued;
(2) Determine the time period the extended post-conviction no contact order is effective, up to the life of the defendant, and include the time period in the extended post-conviction no contact order;
(3) Determine the terms described in subsection (e) of this section to be included in the extended post-conviction no contact order and include the terms in the extended post-conviction no contact order;
(4) Issue the extended post-conviction no contact order in a separate document from the judgment imposing the sentence on the defendant; and
(5) Provide a copy of the extended post-conviction no contact order to the defendant.
(e) The court may include one (1) or more of the following terms in the extended post-conviction no contact order:
(1) Order the defendant not to threaten, visit, assault, molest, or otherwise interfere with the victim;
(2) Order the defendant not to follow the victim, including at the victim's workplace;
(3) Order the defendant not to harass the victim;
(4) Order the defendant not to abuse or injure the victim;
(5) Order the defendant not to contact the victim by telephone, written communication, or electronic means; or
(6) Order the defendant to refrain from entering or remaining present at the victim's residence, school, place of employment, or other specified place at times when the victim is present.
(f)(1) An extended post-conviction no contact order entered under this section shall be enforced by a law enforcement agency without further order by the court.
(2) A law enforcement officer shall arrest and take a person into custody, with or without a warrant or other process, if the law enforcement officer has probable cause to believe that the person knowingly violated an extended post-conviction no contact order.
(g) Upon petition by either the prosecuting attorney or the person subject to the extended post-conviction no contact order, an extended post-conviction no contact order may be modified or terminated by the court if circumstances change that substantially alter:
(1) A term or condition of the extended post-conviction no contact order; or
(2) The reason for the issuance of the extended post-conviction no contact order.
(h) A person who knowingly violates an extended post-conviction no contact order upon conviction is guilty of a Class A misdemeanor.
Cross-references
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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
5-10-102. Murder in the first degree.
(a) A person commits murder in the first degree if:
(1) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit a felony; and
(B) In the course of and in the furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life;
(2) With a purpose of causing the death of another person, the person causes the death of another person; or
(3) The person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed.
(b) It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for an offense in which the defendant was not the only participant that the defendant:
(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission;
(2) Was not armed with a deadly weapon;
(3) Reasonably believed that no other participant was armed with a deadly weapon; and
(4) Reasonably believed that no other participant intended to engage in conduct that could result in death or serious physical injury.
(c)(1) Murder in the first degree is a Class Y felony.
(2) Unless the application of § 16-93-621 results in a person's being eligible for parole at an earlier date, if a person was younger than eighteen (18) years of age at the time he or she committed murder in the first degree and is sentenced to life imprisonment, the person is eligible for parole after serving a minimum of twenty-five (25) years' imprisonment.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-102
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 5-10-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-103. Murder in the second degree.
(a) A person commits murder in the second degree if:
(1) The person knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; or
(2) With the purpose of causing serious physical injury to another person, the person causes the death of any person.
(b) Murder in the second degree is a Class A felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-103
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 5-10-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-11-102. Kidnapping.
(a) A person commits the offense of kidnapping if, without consent, the person restrains another person so as to interfere substantially with the other person's liberty with the purpose of:
(1) Holding the other person for:
(A) Ransom or reward; or
(B) Any other act to be performed or not performed for the other person's return or release;
(2) Using the other person as a shield or hostage;
(3) Facilitating the commission of any felony or flight after the felony;
(4) Inflicting physical injury upon the other person;
(5) Engaging in sexual intercourse, deviate sexual activity, or sexual contact with the other person;
(6) Terrorizing the other person or another person; or
(7) Interfering with the performance of any governmental or political function.
(b)(1) Kidnapping is a Class Y felony.
(2) However, kidnapping is a Class B felony if the defendant shows by a preponderance of the evidence that he or she or an accomplice voluntarily released the person restrained alive and in a safe place prior to trial.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-11-102
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 5-11-102. This identifies an authority to review, not proof of applicability.