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5-4-201. Fines — Limitations on amount.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-201. Fines — Limitations on amount.
(a) A defendant convicted of a felony may be sentenced to pay a fine:
(1) Not exceeding fifteen thousand dollars ($15,000) if the conviction is of a Class A felony or Class B felony;
(2) Not exceeding ten thousand dollars ($10,000) if the conviction is of a Class C felony or Class D felony; or
(3) In accordance with a limitation of the statute defining the felony if the conviction is of an unclassified felony.
(b) A defendant convicted of a misdemeanor may be sentenced to pay a fine:
(1) Not exceeding two thousand five hundred dollars ($2,500) if the conviction is of a Class A misdemeanor;
(2) Not exceeding one thousand dollars ($1,000) if the conviction is of a Class B misdemeanor;
(3) Not exceeding five hundred dollars ($500) if the conviction is of a Class C misdemeanor; or
(4) In accordance with a limitation of the statute defining the misdemeanor if the conviction is of an unclassified misdemeanor.
(c) A defendant convicted of a violation may be sentenced to pay a fine:
(1) Not exceeding one hundred dollars ($100) if the violation is defined by the Arkansas Criminal Code or defined by a statute enacted subsequent to January 1, 1976, that does not prescribe a different limitation on the amount of the fine; or
(2) In accordance with a limitation of the statute defining the violation if that statute prescribes limitations on the amount of the fine.
(d)(1) Notwithstanding a limit imposed by this section, if the defendant has derived pecuniary gain from commission of an offense, then upon conviction of the offense the defendant may be sentenced to pay a fine not exceeding two (2) times the amount of the pecuniary gain.
(2) As used in this subsection, “pecuniary gain” means the amount of money or the val
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-201
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-4-201
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: abb8119b68a12ca75138b6d2f0522975a7c23291d3d622ddc0544939e0e32b5f
Source location: content.xml paragraph 4192
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5-4-201. Fines — Limitations on amount.
(a) A defendant convicted of a felony may be sentenced to pay a fine:
(1) Not exceeding fifteen thousand dollars ($15,000) if the conviction is of a Class A felony or Class B felony;
(2) Not exceeding ten thousand dollars ($10,000) if the conviction is of a Class C felony or Class D felony; or
(3) In accordance with a limitation of the statute defining the felony if the conviction is of an unclassified felony.
(b) A defendant convicted of a misdemeanor may be sentenced to pay a fine:
(1) Not exceeding two thousand five hundred dollars ($2,500) if the conviction is of a Class A misdemeanor;
(2) Not exceeding one thousand dollars ($1,000) if the conviction is of a Class B misdemeanor;
(3) Not exceeding five hundred dollars ($500) if the conviction is of a Class C misdemeanor; or
(4) In accordance with a limitation of the statute defining the misdemeanor if the conviction is of an unclassified misdemeanor.
(c) A defendant convicted of a violation may be sentenced to pay a fine:
(1) Not exceeding one hundred dollars ($100) if the violation is defined by the Arkansas Criminal Code or defined by a statute enacted subsequent to January 1, 1976, that does not prescribe a different limitation on the amount of the fine; or
(2) In accordance with a limitation of the statute defining the violation if that statute prescribes limitations on the amount of the fine.
(d)(1) Notwithstanding a limit imposed by this section, if the defendant has derived pecuniary gain from commission of an offense, then upon conviction of the offense the defendant may be sentenced to pay a fine not exceeding two (2) times the amount of the pecuniary gain.
(2) As used in this subsection, “pecuniary gain” means the amount of money or the value of property derived from the commission of the offense, less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to a lawful authority prior to the time sentence is imposed.
(e) An organization convicted of an offense may be sentenced to pay a fine authorized by subsection (d) of this section or not exceeding two (2) times the maximum fine otherwise authorized upon conviction of the offense by subsection (a), (b), or (c) of this section.
(f)(1) Notwithstanding a limit imposed by this section or the section defining the felony offense, if a defendant has derived pecuniary gain from the commission of a felony offense under § 5-68-201 et seq., § 5-68-301 et seq., the Arkansas Law on Obscenity, § 5-68-401 et seq., or § 5-68-501 et seq., then upon conviction of the felony offense, the defendant may be sentenced to pay a fine not exceeding two hundred fifty thousand dollars ($250,000).
(2) As used in this subsection, “derived pecuniary gain” means that a defendant received income, benefit, property, money, or anything of value from the commission of a felony offense under § 5-68-201 et seq., § 5-68-301 et seq., the Arkansas Law on Obscenity, § 5-68-401 et seq., or § 5-68-501 et seq.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-68-201. Exhibition of obscene figures.
(a) Any person publicly exhibiting any obscene figure is guilty of a violation.
(b) Any person convicted under a provision of this section shall be fined in any sum not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-68-201
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 5-68-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-68-301. Legislative declaration.
(a) The General Assembly finds and declares that:
(1) The definition and regulation of obscenity are matters of statewide concern;
(2) In defining and regulating obscenity, a statewide standard is workable; and
(3) There is a need for clarification of the applicable law relating to the definition and regulation of obscenity.
(b)(1) To this end, it is the intent of this subchapter to impose a statewide standard for the definition and regulation of obscenity that is applicable throughout the state and all political subdivisions.
(2) No political subdivision shall enact any ordinance, rule, or regulation in conflict with a provision of this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-68-301
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. The source passage cites 5-68-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-68-401. Title.
This subchapter shall be known as the “Arkansas Law on Obscenity” and may be referred to by that designation.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-68-401
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 5-68-401. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-68-501. Definitions.
As used in this subchapter:
(1) “CD-ROM” means a compact disk that:
(A) Has the capacity to store graphic, audio, video, and written material; and
(B) May be used by a computer or other device to play or display material harmful to minors;
(2) “Harmful to minors” means that quality of any description, exhibition, presentation, or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when the material or performance, taken as a whole, has the following characteristics:
(A) The average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors;
(B) The average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and
(C) The material or performance lacks serious literary, scientific, medical, artistic, or political value for minors;
(3) “Knowingly” means having general knowledge of, or reason to know, or a belief or ground for belief that warrants further inspection or inquiry of both:
(A) The character and content of any material described in this section that is reasonably susceptible to examination by the defendant; and
(B)(i) The age of the minor.
(ii) However, an honest mistake constitutes an excuse from liability under this section if the defendant made a reasonable bona fide attempt to ascertain the age of the minor;
(4) “Magnetic di
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-68-501
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 5-68-501. This identifies an authority to review, not proof of applicability.