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5-64-405. Continuing criminal enterprise.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-64-405
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8b4e2bc38e5372ce914590f83835f4d0fe94783f3e9c675eb95affe42a7120d0
Source location: content.xml paragraph 23240
Stored source content
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 enterprise is a Class Y felony.
(d)(1) Upon conviction, the prosecuting attorney may institute a civil action against any person who violates this section to obtain a judgment against all persons who violate this section, jointly and severally, for damages in an amount equal to three (3) times the proceeds acquired by all persons involved in the enterprise or by reason of conduct in furtherance of the enterprise, together with costs incurred for resources and personnel used in the investigation and prosecution of both criminal and civil proceedings.
(2) The standard of proof in an action brought under this section is a preponderance of the evidence.
(3) The procedures in the asset forfeiture law, § 5-64-505, shall apply.
(4) A defendant in a civil action brought under this subsection is entitled to a trial by jury.
(e) An offender found guilty of a violation of this section shall not:
(1) Have his or her sentence suspended;
(2) Be placed on probation;
(3) Have imposition of sentence suspended;
(4) Have the execution of the sentence deferred;
(5) Have the sentence deferred; or
(6) Be eligible for § 16-93-301 et seq.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-301. Definitions.
As used in this subchapter, “sealing” means the procedure and effect as defined in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-301
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 16-93-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-419. Possession of a controlled substance.
(a) Except as provided by this chapter, it is unlawful for a person to possess a controlled substance.
(b) A person who violates this section with respect to:
(1) A Schedule I or Schedule II controlled substance that is methamphetamine or cocaine with an aggregate weight, including an adulterant or diluent, of:
(A) Less than two grams (2g) upon conviction is guilty of a Class D felony;
(B) Two grams (2g) or more but less than ten grams (10g) upon conviction is guilty of a Class C felony; or
(C) Ten grams (10g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony;
(2) A Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine with an aggregate weight, including an adulterant or diluent, of:
(A) Less than two grams (2g) upon conviction is guilty of a Class D felony;
(B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class C felony; or
(C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony;
(3) A Schedule III controlled substance with an aggregate weight, including an adulterant or diluent, of:
(A)(i) Less than two grams (2g) upon conviction is guilty of a Class A misdemeanor.
(ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c), upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(3)(A)(i) of this section;
(B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class D felony;
(C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-419
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 5-64-419. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-441. Possession of a counterfeit substance.
(a) It is unlawful for any person to possess a counterfeit substance unless the counterfeit substance was obtained:
(1) Directly from or pursuant to a valid prescription or an order of a practitioner while acting in the course of his or her professional practice; or
(2) As otherwise authorized by this chapter.
(b) Any person who violates this section with respect to:
(1) A Schedule I or Schedule II controlled substance upon conviction is guilty of a Class D felony;
(2) Any other controlled substance, first offense or second offense, upon conviction is guilty of a Class A misdemeanor; and
(3) Any other controlled substance, third or subsequent offense, upon conviction is guilty of a Class D felony.
(c) For purposes of subsection (b) of this section, an offense is considered a third or subsequent offense if, before his or her conviction for the offense, the person has been convicted two (2) or more times for an offense under subsection (b) of this section or under any equivalent penal statute of the United States or of any state.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-441
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 5-64-441. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-505. Property subject to forfeiture — Procedure — Disposition of property.
(a) Items Subject to Forfeiture. The following are subject to forfeiture upon the initiation of a civil proceeding filed by the prosecuting attorney and when so ordered by the circuit court in accordance with this section, however no property is subject to forfeiture based solely upon a misdemeanor possession of a Schedule III, Schedule IV, Schedule V, or Schedule VI controlled substance:
(1) Any controlled substance or counterfeit substance that has been manufactured, distributed, dispensed, or acquired in violation of this chapter;
(2) Any raw material, product, or equipment of any kind that is used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance or counterfeit substance in violation of this chapter;
(3) Any property that is used, or intended for use, as a container for property described in subdivision (a)(1) or subdivision (a)(2) of this section;
(4) Any conveyance, including an aircraft, vehicle, or vessel that is used or intended for use to transport or in any manner to facilitate the transportation for the purpose of sale or receipt of property described in subdivision (a)(1) or subdivision (a)(2) of this section, however:
(A) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;
(B)(i) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without his
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-505
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 5-64-505. This identifies an authority to review, not proof of applicability.