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5-64-404. Use of a communication device.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-404. Use of a communication device.
(a)(1) As used in this section, “communication device” means any public or private instrumentality used or useful in the transmission of a writing, sign, signal, picture, or sound of any kind.
(2) “Communication device” includes mail, telephone, wire, radio, and any other means of communication.
(b) A person commits the offense of unlawful use of a communication device if he or she knowingly uses any communication device in committing or in causing or facilitating the commission of any act constituting a:
(1) Felony under this chapter; or
(2) Felony inchoate offense under § 5-3-101 et seq. or this chapter.
(c) Each separate use of a communication device is a separate offense under this section.
(d) Any person who violates this section upon conviction is guilty of a Class C felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-404
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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Record provenance
Stable record: arkansas_code:legal_authorities:5-64-404
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b04091ab5e748737ef8d3f58ef7d73ee453a4186a1e1cc3ec9555253a61ac3e5
Source location: content.xml paragraph 23220
Stored source content
5-64-404. Use of a communication device.
(a)(1) As used in this section, “communication device” means any public or private instrumentality used or useful in the transmission of a writing, sign, signal, picture, or sound of any kind.
(2) “Communication device” includes mail, telephone, wire, radio, and any other means of communication.
(b) A person commits the offense of unlawful use of a communication device if he or she knowingly uses any communication device in committing or in causing or facilitating the commission of any act constituting a:
(1) Felony under this chapter; or
(2) Felony inchoate offense under § 5-3-101 et seq. or this chapter.
(c) Each separate use of a communication device is a separate offense under this section.
(d) Any person who violates this section upon conviction is guilty of a Class C felony.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-3-101. Mitigation — Affirmative defense.
It is an affirmative defense to a prosecution for criminal attempt, solicitation, or conspiracy that:
(1) The conduct charged to constitute the offense is inherently unlikely to result or to culminate in the commission of a crime; and
(2) Neither the conduct nor the defendant presents a public danger warranting imposition of criminal liability.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-3-101
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. The source passage cites 5-3-101. This identifies an authority to review, not proof of applicability.