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5-54-119. Furnishing, possessing, or using prohibited articles — Delivering a prohibited article.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-54-119. Furnishing, possessing, or using prohibited articles — Delivering a prohibited article.
(a) A person commits the offense of furnishing a prohibited article if he or she knowingly:
(1) Introduces a prohibited article into a correctional facility, the Arkansas State Hospital, or a youth services program; or
(2) Provides a person confined in a correctional facility, the Arkansas State Hospital, or a youth services program with a prohibited article.
(b)(1)(A) Furnishing or providing a weapon, intoxicating beverage, controlled substance, moneys, a cellular telephone or other communication device, the components of a cellular telephone or other communication device, or any other items that would facilitate an escape, engaging in a continuing criminal enterprise, § 5-64-405, or violence within a facility is a Class B felony.
(B) Otherwise, furnishing a prohibited article is a Class C felony.
(2) This section does not apply to a religious official who supplies sacramental wine labeled as sacramental wine to an inmate in the Division of Correction for the sole purpose of an approved religious service, pursuant to rules promulgated by the Board of Corrections.
(c)(1) A person commits possessing a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly possesses a:
(A) Cellular telephone or other communication device;
(B) Component of a cellular telephone or other communication device; or
(C) Controlled substance.
(2) Possessing a prohibited article is a Class B felony.
(d)(1) A person commits using a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly uses a cellular telephone or other commu
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-54-119
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:5-54-119
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0b3eea66718fd82d87a2358f5fc71245472c18f7ca0379ad0c4791e05020a472
Source location: content.xml paragraph 20215
Stored source content
5-54-119. Furnishing, possessing, or using prohibited articles — Delivering a prohibited article.
(a) A person commits the offense of furnishing a prohibited article if he or she knowingly:
(1) Introduces a prohibited article into a correctional facility, the Arkansas State Hospital, or a youth services program; or
(2) Provides a person confined in a correctional facility, the Arkansas State Hospital, or a youth services program with a prohibited article.
(b)(1)(A) Furnishing or providing a weapon, intoxicating beverage, controlled substance, moneys, a cellular telephone or other communication device, the components of a cellular telephone or other communication device, or any other items that would facilitate an escape, engaging in a continuing criminal enterprise, § 5-64-405, or violence within a facility is a Class B felony.
(B) Otherwise, furnishing a prohibited article is a Class C felony.
(2) This section does not apply to a religious official who supplies sacramental wine labeled as sacramental wine to an inmate in the Division of Correction for the sole purpose of an approved religious service, pursuant to rules promulgated by the Board of Corrections.
(c)(1) A person commits possessing a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly possesses a:
(A) Cellular telephone or other communication device;
(B) Component of a cellular telephone or other communication device; or
(C) Controlled substance.
(2) Possessing a prohibited article is a Class B felony.
(d)(1) A person commits using a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly uses a cellular telephone or other communication device to commit or to attempt, conspire, or solicit to commit:
(A) An escape from the custody of the correctional facility;
(B) Engaging in a continuing criminal enterprise, § 5-64-405; or
(C) A violent felony as defined at § 5-4-501(d)(2).
(2) Using a prohibited article is a Class A felony.
(e)(1) A person commits the offense of delivering a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly delivers a controlled substance to another person.
(2)(A) Delivering a prohibited article is a Class A felony if the controlled substance through its use causes the death of or serious bodily injury to another person.
(B) Otherwise, delivering a prohibited article is a Class B felony.
(f) A person may not be convicted of furnishing, possessing, or delivering a prohibited article if the prohibited article is a controlled substance and the person has been charged with, tried for, or convicted of a possession or delivery offense under § 5-64-401 et seq., that arises out of the same set of facts.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-501. Habitual offenders — Sentencing for felony.
(a)(1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and to an extended term of imprisonment as set forth in subdivision (a)(2) of this section:
(A) A defendant who:
(i) Is convicted of a felony other than those enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies or who has been found guilty of more than one (1) but fewer than four (4) felonies;
(B) A defendant who:
(i) Is convicted of any felony enumerated in subsection (c) of this section committed after August 31, 1997; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (c) of this section or who has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (c) of this section; or
(C) A defendant who:
(i) Is convicted of any felony enumerated in subsection (d) of this section committed after August 31, 1997; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (d) of this section or has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (d) of this section.
(2) The extended term of imprisonment for a defendant described in subdivision (a)(1) of this section is as follows:
(A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than sixty (60) years, or life;
(B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-501
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 5-4-501. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-401. [Repealed.]
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. The source passage cites 5-64-401. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-405. Continuing criminal enterprise.
(a) A person commits the offense of engaging in a continuing criminal enterprise if he or she:
(1) Violates any provision of this chapter that is a felony, except §§ 5-64-419 and 5-64-441; and
(2) The violation is a part of a continuing series of two (2) or more felony offenses of this chapter, except §§ 5-64-419 and 5-64-441:
(A) That are undertaken by that person in concert with five (5) or more other persons with respect to whom that person occupies a position of organizer, a supervisory position, or any other position of management; and
(B) From which that person obtained substantial income or resources.
(b)(1) A person who engages in a continuing criminal enterprise upon conviction is guilty of an unclassified felony and shall be sentenced to a term of imprisonment up to two (2) times the term otherwise authorized for the underlying offense referenced in subdivision (a)(1) of this section and shall be fined an amount up to two (2) times that authorized for the underlying offense referenced in subdivision (a)(1) of this section.
(2) For any purpose other than disposition, engaging in a continuing criminal enterprise is a Class Y felony.
(c)(1) A person who violates subsection (a) of this section after a previous conviction under subsection (a) of this section has become final upon conviction is guilty of an unclassified felony and shall be punished by a term of imprisonment not exceeding three (3) times that authorized for the underlying offense referenced in subdivision (a)(1) of this section and a fine not exceeding three (3) times the amount authorized for the underlying offense referenced in subdivision (a)(1) of this section.
(2) For any purpose other than disposition, engaging in a continuing criminal
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-405
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 5-64-405. This identifies an authority to review, not proof of applicability.