5-53-101. Definitions.

5-53-101. Definitions. As used in this subchapter: (1)(A) “False material statement” means any false statement, regardless of its admissibility under the rules of evidence, which affects or could affect the course or outcome of an official proceeding or the action or decision of a public servant in the performance of any governmental function. (B) Whether a false statement is material in a given factual situation is a question of law; (2)(A) “Juror” means a member of any jury, including a grand jury and a petit jury. (B) “Juror” also includes any person who has been drawn or summoned as a prospective juror; (3)(A) “Oath” means swearing, affirming, and any other mode authorized by law of attesting to the truth of that which is stated. (B) A written statement is treated as if made under oath if the written statement: (i) Was made on or pursuant to a form bearing notice, authorized by law, to the effect that a false statement made pursuant to the form is punishable; (ii) Recites that it was made under oath, and the declarant was aware of the recitation at the time he or she signed the written statement and intended that the written statement should be considered a sworn statement; or (iii) Is made, used, or offered with the purpose that it be accepted as compliance with a statute, rule, or regulation which requires a statement under oath or other like form of attestation to the truth of the matter contained in the statement; (4)(A) “Official proceeding” means a proceeding heard before any legislative, judicial, administrative, or other government agency or official authorized to hear evidence under oath, including any referee, hearing examiner, parole revocation judge, commissioner, notary, or other person taking testimony or depositions in any such proceeding. (B) “Official proceeding” includes the signing or marking, under oath, of: (i) A voter registration application; (ii) An application for absentee ballot; or (iii) A precinct voter registration list; (5) “Testimony” includes an oral or written statement, document, or any other material that is or could be offered by a witness in an official proceeding; (6) “Threat” means a menace, however communicated, to: (A) Use physical force against any person; or (B) Harm substantially any person with respect to his or her property, health, safety, business, calling, career, financial condition, reputation, or a personal relationship; and (7)(A) “Witness” means: (i) Any person for whose attendance to give testimony at an official proceeding any process has issued; or (ii) Any person who is holding or plans to hold himself available to give testimony at an official proceeding. (B) For the purpose of the Arkansas Criminal Code, a person is a “witness” if testimony is sought or offered by personal attendance at an official proceeding or by deposition or affidavit.