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5-5-101. Disposition of contraband and seized property.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-5-101. Disposition of contraband and seized property.
(a) Any seized property shall be returned to the rightful owner or possessor of the seized property except contraband owned by a defendant.
(b)(1) As used in this section, “contraband” means any:
(A) Article possessed under a circumstance prohibited by law;
(B) Weapon or other instrument used in the commission or attempted commission of a felony;
(C) Visual, print, or electronic medium that depicts sexually explicit conduct involving a child prohibited under § 5-27-304;
(D) Visual, print, or electronic medium that contains a sexual performance of a child prohibited under § 5-27-403;
(E) Item the possession of which is prohibited by § 5-27-602;
(F) Item the production of which is prohibited by § 5-27-603;
(G) Item the production of which is prohibited by § 5-27-605; or
(H) Other article designated “contraband” by law.
(2) “Contraband” does not include a visual, a print, or an electronic medium created, obtained, or possessed by licensed medical personnel or a regulated medical facility for the purpose of treatment or documentation of injuries to a child.
(c)(1) Contraband shall be destroyed.
(2) Except as limited under subdivision (c)(3) of this section, in the discretion of the court having jurisdiction, any contraband capable of lawful use may be:
(A) Retained for use by the law enforcement agency responsible for the arrest; or
(B) Sold and the proceeds disposed of in the manner provided by subsections (e)-(g) of this section.
(3) Contraband described in subdivisions (b)(1)(C)-(H) of this section and having no lawful use shall not be retained.
(d)(1)(A) Except as provided in subdivision (d)(2) of this section, unclaimed seized property shall be sold at public auction to be held by
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-5-101
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-5-101
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 81cd44f03c237377c336f50105739557219eb2d2b467d4be63841494e91aa398
Source location: content.xml paragraph 7257
Stored source content
5-5-101. Disposition of contraband and seized property.
(a) Any seized property shall be returned to the rightful owner or possessor of the seized property except contraband owned by a defendant.
(b)(1) As used in this section, “contraband” means any:
(A) Article possessed under a circumstance prohibited by law;
(B) Weapon or other instrument used in the commission or attempted commission of a felony;
(C) Visual, print, or electronic medium that depicts sexually explicit conduct involving a child prohibited under § 5-27-304;
(D) Visual, print, or electronic medium that contains a sexual performance of a child prohibited under § 5-27-403;
(E) Item the possession of which is prohibited by § 5-27-602;
(F) Item the production of which is prohibited by § 5-27-603;
(G) Item the production of which is prohibited by § 5-27-605; or
(H) Other article designated “contraband” by law.
(2) “Contraband” does not include a visual, a print, or an electronic medium created, obtained, or possessed by licensed medical personnel or a regulated medical facility for the purpose of treatment or documentation of injuries to a child.
(c)(1) Contraband shall be destroyed.
(2) Except as limited under subdivision (c)(3) of this section, in the discretion of the court having jurisdiction, any contraband capable of lawful use may be:
(A) Retained for use by the law enforcement agency responsible for the arrest; or
(B) Sold and the proceeds disposed of in the manner provided by subsections (e)-(g) of this section.
(3) Contraband described in subdivisions (b)(1)(C)-(H) of this section and having no lawful use shall not be retained.
(d)(1)(A) Except as provided in subdivision (d)(2) of this section, unclaimed seized property shall be sold at public auction to be held by the chief law enforcement officer of the county, city, or town law enforcement agency that seized the unclaimed seized property or the chief law enforcement officer's designee.
(B) The proceeds of the sale, less the cost of the sale and any storage charge incurred in preserving the unclaimed seized property, shall be paid into the general fund of the county, city, or town whose law enforcement agency performed the seizure.
(2)(A) Unclaimed seized property that is a recreational item may be donated at no cost to a local or state agency, a nonprofit organization, or an educational program designed to provide education, assistance, or recreation to children.
(B)(i) As used in subdivision (d)(2)(A) of this section, “recreational item” means an item generally used for children's activities and play.
(ii) “Recreational item” includes without limitation a bicycle but does not include a motor vehicle or motorcycle.
(e) The time and place of sale of seized property shall be advertised:
(1) For at least fourteen (14) days next before the day of sale by posting written notice at the courthouse door; and
(2) By publication in the form of at least two (2) insertions, at least three (3) days apart, before the day of sale in a weekly or daily newspaper published or customarily distributed in the county.
(f)(1) Any seized property to be sold at public sale shall be offered for sale on the day for which it was advertised between 9:00 a.m. and 3:00 p.m., publicly, by auction, and for ready money.
(2) The highest bidder shall be the purchaser.
(g)(1) The proceeds from any sale of seized property shall be delivered to the county, city, or town treasurer, as the case may be, to be held by him or her in a separate account for a period of three (3) months.
(2) If any person during the time described in subdivision (g)(1) of this section establishes to the satisfaction of the county, city, or town treasurer that he or she was at the time of sale the owner of any seized property sold as provided in subsection (f) of this section, the person shall be paid the amount realized from sale of the seized property less the expenses of the sale.
(3) Any money in the separate account not claimed or paid within the designated three-month period shall be paid into the general fund of the county, city, or town whose law enforcement agency performed the seizure.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-27-304. Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child.
(a) With knowledge of the character of the visual or print medium involved, no person shall do any of the following:
(1) Knowingly advertise for sale or distribution, sell, distribute, transport, ship, exhibit, display, or receive for the purpose of sale or distribution any visual or print medium depicting a child participating or engaging in sexually explicit conduct; or
(2) Knowingly solicit, receive, purchase, exchange, possess, view, distribute, or control any visual or print medium depicting a child participating or engaging in sexually explicit conduct.
(b) Any person who violates subdivisions (a)(1) or (2) of this section is guilty of a:
(1) Class C felony for the first offense; and
(2) Class B felony for a subsequent offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-27-304
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 5-27-304. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-27-403. Producing, directing, or promoting a sexual performance by a child.
(a) It is unlawful for a person, knowing the character and content of the material, to produce, direct, or promote a performance that includes sexual conduct by a child under eighteen (18) years of age.
(b) A person who violates this section upon conviction is guilty of a Class B felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-27-403
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 5-27-403. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-27-602. Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child.
(a) A person commits distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child if the person knowingly:
(1) Receives for the purpose of selling or knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers, or agrees to offer through any means, including the Internet, any photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct; or
(2) Possesses or views through any means, including on the Internet, any photograph, film, videotape, computer program or file, computer-generated image, video game, or any other reproduction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct.
(b) Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child is a:
(1) Class C felony for the first offense; and
(2) Class B felony for any subsequent offense.
(c) It is an affirmative defense to a prosecution under this section that the defendant in good faith reasonably believed that the person depicted in the matter was seventeen (17) years of age or older.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-27-602
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 5-27-602. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-27-603. Computer child pornography.
(a) A person commits computer child pornography if the person knowingly:
(1) Compiles, enters into, or transmits by means of computer, makes, prints, publishes, or reproduces by other computerized means, knowingly causes or allows to be entered into or transmitted by means of computer or buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement or any child's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexually explicit conduct of or with any child or another individual believed by the person to be a child, or the visual depiction of the conduct; or
(2) Utilizes a computer online service, Internet service, or local bulletin board service to seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another individual believed by the person to be a child, to engage in sexually explicit conduct.
(b) Computer child pornography is a Class B felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-27-603
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 5-27-603. This identifies an authority to review, not proof of applicability.