Browse Arkansas Code titles and sections
5-4-707. Additional term of imprisonment for offense constituting violence against church or other place of worship.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-707. Additional term of imprisonment for offense constituting violence against church or other place of worship.
(a) As used in this section, “serious felony involving violence” means:
(1) Murder in the first degree, § 5-10-102;
(2) Murder in the second degree, § 5-10-103;
(3) Battery in the first degree, § 5-13-201;
(4) Aggravated assault, § 5-13-204;
(5) Terroristic threatening, § 5-13-301, if a felony;
(6) Terroristic act, § 5-13-310;
(7) Causing a catastrophe, § 5-38-202(a);
(8) Arson, § 5-38-301;
(9) Terrorism, § 5-54-205;
(10) A felony offense under § 5-54-201;
(11) Unlawful discharge of a firearm from a vehicle, § 5-74-107;
(12) Criminal use of prohibited weapons, § 5-73-104, involving an activity making it a Class B felony; or
(13) A felony attempt, solicitation, or conspiracy to commit an offense listed in this subsection, if the attempt, solicitation, or conspiracy itself is a felony.
(b) A person is subject to an additional term of imprisonment under this section if the person:
(1) Purposely selected the victim of an offense committed by the person because the victim was present on the grounds of or in a church or other place of worship at the time of the offense; and
(2) Committed a serious felony involving violence against the victim.
(c) If an additional term of imprisonment is sought under this section, the information or indictment shall include:
(1) That the additional term of imprisonment under this section is being sought; and
(2) The allegations supporting the imposition of the additional term of imprisonment under this section.
(d) The additional term of imprisonment under this section is for a minimum of one (1) year but no more than ten (10) years in the Division of Correction.
(e) The additional ter
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-707
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:5-4-707
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4b848a568ab01641933d2285400ee10c3e73f6cbf4aac9acc7c611c5172d69e7
Source location: content.xml paragraph 6885
Stored source content
5-4-707. Additional term of imprisonment for offense constituting violence against church or other place of worship.
(a) As used in this section, “serious felony involving violence” means:
(1) Murder in the first degree, § 5-10-102;
(2) Murder in the second degree, § 5-10-103;
(3) Battery in the first degree, § 5-13-201;
(4) Aggravated assault, § 5-13-204;
(5) Terroristic threatening, § 5-13-301, if a felony;
(6) Terroristic act, § 5-13-310;
(7) Causing a catastrophe, § 5-38-202(a);
(8) Arson, § 5-38-301;
(9) Terrorism, § 5-54-205;
(10) A felony offense under § 5-54-201;
(11) Unlawful discharge of a firearm from a vehicle, § 5-74-107;
(12) Criminal use of prohibited weapons, § 5-73-104, involving an activity making it a Class B felony; or
(13) A felony attempt, solicitation, or conspiracy to commit an offense listed in this subsection, if the attempt, solicitation, or conspiracy itself is a felony.
(b) A person is subject to an additional term of imprisonment under this section if the person:
(1) Purposely selected the victim of an offense committed by the person because the victim was present on the grounds of or in a church or other place of worship at the time of the offense; and
(2) Committed a serious felony involving violence against the victim.
(c) If an additional term of imprisonment is sought under this section, the information or indictment shall include:
(1) That the additional term of imprisonment under this section is being sought; and
(2) The allegations supporting the imposition of the additional term of imprisonment under this section.
(d) The additional term of imprisonment under this section is for a minimum of one (1) year but no more than ten (10) years in the Division of Correction.
(e) The additional term of imprisonment under this section is consecutive to any other sentence imposed.
(f) A person receiving an additional term of imprisonment under this section is not eligible for early release on parole or community correction transfer for the additional term of imprisonment.
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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
5-13-201. Battery in the first degree.
(a) A person commits battery in the first degree if:
(1) With the purpose of causing serious physical injury to another person, the person causes serious physical injury to any person by means of a deadly weapon;
(2) With the purpose of seriously and permanently disfiguring another person or of destroying, amputating, or permanently disabling a member or organ of that other person's body, the person causes such an injury to any person;
(3) The person causes serious physical injury to another person under circumstances manifesting extreme indifference to the value of human life;
(4) 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 furtherance of the felony or in immediate flight from the felony:
(i) The person or an accomplice causes serious physical injury to any person under circumstances manifesting extreme indifference to the value of human life; or
(ii) Another person who is resisting the felony or flight causes serious physical injury to any person;
(5) With the purpose of causing serious physical injury to an unborn child or to a woman who is pregnant with an unborn child, the person causes serious physical injury to the unborn child;
(6) The person knowingly causes physical injury to a pregnant woman in the commission of a felony or a Class A misdemeanor, and in so doing, causes serious physical injury to the pregnant woman's unborn child, and the unborn child is subsequently born alive;
(7) The person knowingly, without legal justification, causes serious physical injury to a person he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger;
(8) With the purpose of causing ph
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-13-201
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 5-13-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-13-204. Aggravated assault.
(a) A person commits aggravated assault if, under circumstances manifesting extreme indifference to the value of human life, he or she purposely:
(1) Engages in conduct that creates a substantial danger of death or serious physical injury to another person;
(2) Displays a firearm in such a manner that creates a substantial danger of death or serious physical injury to another person; or
(3) Impedes or prevents the respiration of another person or the circulation of another person's blood by applying pressure on the chest, throat, or neck or by blocking the nose or mouth of the other person.
(b) Aggravated assault is a Class D felony.
(c) The provisions of this section do not apply to:
(1) A law enforcement officer acting within the scope of his or her duty; or
(2) A person acting in self-defense or the defense of a third party.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-13-204
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 5-13-204. This identifies an authority to review, not proof of applicability.