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5-5-201. Forfeiture requirement — Exceptions.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-5-201. Forfeiture requirement — Exceptions.
(a) Upon conviction, any conveyance, including an aircraft, motor vehicle, or vessel, is subject to forfeiture under this subchapter if it is used in the commission or attempt of:
(1) A burglary;
(2) A robbery;
(3) A theft;
(4) An arson; or
(5) Trafficking of persons, § 5-18-103.
(b) However:
(1) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this subchapter unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to the commission or attempt to commit the offense;
(2) A conveyance is not subject to forfeiture under this subchapter by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without his or her knowledge or consent and without the knowledge or consent of any person having possession, care, or control of the conveyance with the owner's permission; and
(3) A forfeiture of a conveyance encumbered by a security interest is subject to the security interest of the secured party if the secured party neither had knowledge of nor consented to the use of the conveyance in the commission or attempt to commit the offense.
(c)(1) A person who uses or possesses one (1) or more of the following items or conveyances in the commission of a second or subsequent offense for criminal trespass, § 5-39-203, or criminal trespass on premises located in an unincorporated area, § 5-39-305, that occurs within five (5) years of a prior offense of criminal trespass, § 5-39-203, or criminal trespass on premises located in an unincorporated area, § 5-39-305, is subject to that item's or conveyance's being seized and forfeited und
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-5-201
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:5-5-201
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d2ee90d4cd31e6643e64fed9bb445e37a41e3c230dc5cfba4dd7c55c4072d962
Source location: content.xml paragraph 7325
Stored source content
5-5-201. Forfeiture requirement — Exceptions.
(a) Upon conviction, any conveyance, including an aircraft, motor vehicle, or vessel, is subject to forfeiture under this subchapter if it is used in the commission or attempt of:
(1) A burglary;
(2) A robbery;
(3) A theft;
(4) An arson; or
(5) Trafficking of persons, § 5-18-103.
(b) However:
(1) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this subchapter unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to the commission or attempt to commit the offense;
(2) A conveyance is not subject to forfeiture under this subchapter by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without his or her knowledge or consent and without the knowledge or consent of any person having possession, care, or control of the conveyance with the owner's permission; and
(3) A forfeiture of a conveyance encumbered by a security interest is subject to the security interest of the secured party if the secured party neither had knowledge of nor consented to the use of the conveyance in the commission or attempt to commit the offense.
(c)(1) A person who uses or possesses one (1) or more of the following items or conveyances in the commission of a second or subsequent offense for criminal trespass, § 5-39-203, or criminal trespass on premises located in an unincorporated area, § 5-39-305, that occurs within five (5) years of a prior offense of criminal trespass, § 5-39-203, or criminal trespass on premises located in an unincorporated area, § 5-39-305, is subject to that item's or conveyance's being seized and forfeited under this subchapter:
(A) An all-terrain vehicle, as defined under § 27-21-102;
(B) A conveyance, including an aircraft, motor vehicle, or vessel;
(C) A harvesting device, as defined under § 5-39-101;
(D) A killing device, as defined under § 5-39-101; or
(E) A tool or other implement.
(2) A person or entity that has a valid security interest in an item or conveyance subject to seizure and forfeiture under this subsection is entitled to notice of any forfeiture proceeding as well as the right to intervene in the forfeiture proceeding in order to secure and represent the person's or entity's interest in the item or conveyance to be forfeited.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
27-21-102. Definitions.
As used in this chapter:
(1)(A) “All-terrain vehicle” means a vehicle that:
(i) Has three (3), four (4), or six (6) wheels;
(ii) Is fifty inches (50") or less in width;
(iii) Is equipped with nonhighway tires;
(iv) Is designed primarily for off-road recreational use; and
(v) Has an engine displacement of no more than one thousand cubic centimeters (1,000 cc).
(B) “All-terrain vehicle” includes a recreational off-highway vehicle.
(C) “All-terrain vehicle” does not include a golf cart, riding lawnmower, or lawn or garden tractor;
(2) “Nonhighway tire” means a pneumatic tire:
(A) Six inches (6") or more in width;
(B) Designed for use on a wheel with a rim diameter of fourteen inches (14") or less; and
(C) That uses an operating pressure of twenty pounds per square inch (20 psi) or less as recommended by the vehicle manufacturer;
(3) “Public streets and highways” means the part of the street, road, or highway, including the improved road shoulder, that is open to vehicular traffic and that is maintained by the state or by a political subdivision of the State of Arkansas and includes any federal highways; and
(4)(A) “Recreational off-highway vehicle” means a vehicle that:
(i) Has four (4) or six (6) wheels;
(ii) Is seventy-five inches (75") or less in width;
(iii) Is equipped with nonhighway tires;
(iv) Is designed primarily for off-road recreational use; and
(v) Has an engine displacement of no more than one thousand cubic centimeters (1,000 cc).
(B) “Recreational off-highway vehicle” includes a:
(i) Multipurpose off-highway utility vehicle; and
(ii) Utility task vehicle.
(C) “Recreational off-highway vehicle” does not include a golf cart, riding lawnmower, or lawn or garden tractor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-21-102
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 27-21-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-18-103. Trafficking of persons.
(a) A person commits the offense of trafficking of persons if he or she knowingly:
(1) Recruits, harbors, transports, obtains, entices, solicits, isolates, provides, or maintains a person knowing that the person will be subjected to involuntary servitude;
(2) Benefits financially or benefits by receiving anything of value from participation in a venture under subdivision (a)(1) of this section;
(3) Subjects a person to involuntary servitude;
(4) Recruits, entices, solicits, isolates, harbors, transports, provides, maintains, or obtains a minor for commercial sexual activity;
(5) Sells or offers to sell travel services that he or she knows include an activity prohibited under subdivisions (a)(1)-(4) of this section;
(6) Recruits, entices, solicits, isolates, harbors, transports, provides, maintains, or obtains a pregnant woman for the purpose of causing the pregnant woman by the use of or threatened use of physical force to place the baby who is not yet born for adoption; or
(7) Benefits financially or benefits by receiving anything of value from participating in an act described under subdivision (a)(6) of this section.
(b) It is not a defense to prosecution under subdivision (a)(4) of this section that the actor:
(1) Did not have knowledge of a victim's age; or
(2) Mistakenly believed a victim was not a minor.
(c)(1) Trafficking of persons is a Class A felony.
(2) Trafficking of persons is a Class Y felony if a victim was a minor at the time of the offense.
(d) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of two hundred fifty doll
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-18-103
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 5-18-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-39-203. Criminal trespass.
(a) A person commits criminal trespass if he or she purposely enters or remains unlawfully in or upon:
(1) A vehicle of another person; or
(2) The premises owned or leased by another person.
(b) Criminal trespass is a:
(1) Class D felony if the person has two (2) or more convictions for a Class A misdemeanor violation of this section or § 5-39-305;
(2) Class A misdemeanor if:
(A) At the time of the criminal trespass, the person is in possession of one (1) or more of the following:
(i) A killing device;
(ii) A harvesting device;
(iii) A device primarily used for the location and unearthing of buried or submerged artifacts; or
(iv) A tool designed to gain entry into a structure by breaking a lock or breaking through a fence, including without limitation a boltcutter;
(B) The person is on premises containing a commercial fishing or fish breeding operation and at that time is in possession of a fishing pole or net designed to capture fish; or
(C) The person has a prior conviction for a violation of this section;
(3) Class B misdemeanor if:
(A) The vehicle or premises involved is an occupiable structure; or
(B) The conduct involves the removal of a posted sign, a fence, or a portion of a fence as defined in § 2-39-102; or
(4) Class C misdemeanor if otherwise committed.
(c) It is a defense to prosecution under this section that:
(1) The person was a guest or invitee;
(2) The person was required to enter upon the premises of the other person for a business reason or for health and safety reasons;
(3) The person was authorized by law to enter upon the premises;
(4) The privately owned premises were made open to the public; or
(5) The person owns or is employed by a person or entity that owns property adj
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-39-203
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 5-39-203. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-39-305. Criminal trespass on premises located in unincorporated area.
(a)(1) A person shall not purposely enter without written permission of the owner or lessee upon another person's premises located outside the boundary of any city or town if those premises are either:
(A) Lawfully posted;
(B) Crop land or timber land; or
(C) Enclosed with a fence sufficient under § 2-39-101 et seq.
(2) The posting of premises is not a requirement under this section.
(b) Criminal trespass on premises located in an unincorporated area is a:
(1) Class D felony if the person has two (2) or more convictions for a Class A misdemeanor violation of this section or § 5-39-203;
(2) Class A misdemeanor if:
(A) At the time of the criminal trespass on premises located in an unincorporated area, the person is in possession of one (1) or more of the following:
(i) A killing device;
(ii) A harvesting device;
(iii) A device primarily used for the location and unearthing of buried or submerged artifacts; or
(iv) A tool designed to gain entry into a structure by breaking a lock or breaking through a fence, including without limitation a boltcutter;
(B) The person is on premises containing a commercial fishing or fish breeding operation and at that time is in possession of a fishing pole or net designed to capture fish; or
(C) The person has a prior conviction for a violation of this section;
(3) Class B misdemeanor if:
(A) The premises involved is an occupiable structure; or
(B) The conduct involves the removal of a posted sign, a fence, or a portion of a fence as defined in § 2-39-102; or
(4) Violation with a fine not to exceed one hundred dollars ($100) if otherwise committed.
(c) It is an affirmative defense to a prosecution that:
(1) The person was a gues
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-39-305
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 5-39-305. This identifies an authority to review, not proof of applicability.