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5-64-411. Proximity to certain facilities — Enhanced penalties.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-64-411. Proximity to certain facilities — Enhanced penalties.

5-64-411. Proximity to certain facilities — Enhanced penalties. (a) A person is subject to an enhanced sentence of an additional term of imprisonment of ten (10) years if: (1) The person: (A) Possesses a controlled substance in violation of § 5-64-419 and the offense is a Class C felony or greater; or (B) Possesses with the purpose to deliver, delivers, manufactures, or trafficks a controlled substance in violation of §§ 5-64-420 — 5-64-440; and (2) The offense is committed on or within one thousand feet (1,000') of the real property of: (A) A city or state park; (B) A public or private elementary or secondary school, public vocational school, or private or public college or university; (C) A designated school bus stop as identified on the route list published by a public school district each year; (D) A skating rink, Boys and Girls Club, YMCA, YWCA, community center, recreation center, or video arcade; (E) A publicly funded and administered multifamily housing development; (F) A drug or alcohol treatment facility; (G) A day care center; (H) A church; or (I) A shelter as defined in § 9-4-102. (b) The enhanced portion of the sentence is consecutive or concurrent to any other sentence imposed at the discretion of the court. (c) Any person convicted under this section is not eligible for early release on parole or community correction transfer for the enhanced portion of the sentence. (d)(1) Except for property covered by subdivision (a)(2)(C) of this section, property covered by this section shall have a notice posted at the entrances to the property stating: “THE SALE OF DRUGS UPON OR WITHIN ONE THOUSAND FEET (1000') OF THIS PROPERTY MAY SUBJECT THE SELLER OF THE DRUGS TO AN ADDITIONAL TEN (10) YEARS IMPRISONMENT IN ADDITION TO THE TERM

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-411

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:5-64-411
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: fc5176deeb0f3102d0a92b36dd99ae2ba49cd0b1bdcbe50a96a1e6a2da5656c1

Source location: content.xml paragraph 23362

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Arkansas Code — all titles (historical 2020) · legal_authorities

5-64-419. Possession of a controlled substance.

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

5-64-420. Possession of methamphetamine or cocaine with the purpose to deliver.

5-64-420. Possession of methamphetamine or cocaine with the purpose to deliver. (a) Except as provided by this chapter, it is unlawful if a person possesses methamphetamine or cocaine with the purpose to deliver the methamphetamine or cocaine. Purpose to deliver may be shown by any of the following factors: (1) The person possesses the means to weigh, separate, or package methamphetamine or cocaine; (2) The person possesses a record indicating a drug-related transaction; (3) The methamphetamine or cocaine is separated and packaged in a manner to facilitate delivery; (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of methamphetamine or cocaine; (5) The person possesses at least two (2) other controlled substances in any amount; or (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver methamphetamine or cocaine. (b) A person who violates this section upon conviction is guilty of a: (1) Class C felony if the person possessed less than two grams (2g) of methamphetamine or cocaine by aggregate weight, including an adulterant or diluent; (2) Class B felony if the person possessed two grams (2g) or more but less than ten grams (10g) of methamphetamine or cocaine by aggregate weight, including an adulterant or diluent; or (3) Class A felony if the person possessed ten grams (10g) or more but less than two hundred grams (200g) of methamphetamine or cocaine by aggregate weight, including an adulterant or diluent.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-420

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 5-64-420. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-64-440. Trafficking a controlled substance.

5-64-440. Trafficking a controlled substance. (a) Except as provided by this chapter, it is unlawful for a person to engage in trafficking a controlled substance. (b) A person engages in trafficking a controlled substance if he or she possesses, possesses with the purpose to deliver, delivers, or manufactures a controlled substance by aggregate weight, including an adulterant or diluent, in the following amounts: (1) Methamphetamine or cocaine, two hundred grams (200g) or more; (2) Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine, two hundred grams (200g) or more; (3) Schedule III controlled substance, four hundred grams (400g) or more; (4) Schedule IV or Schedule V controlled substance, eight hundred grams (800g) or more; or (5) A Schedule VI controlled substance, five hundred pounds (500 lbs.) or more. (c) Trafficking a controlled substance is a Class Y felony.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-440

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 5-64-440. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

9-4-102. Definitions.

9-4-102. Definitions. As used in this chapter: (1) “Advocate” means an employee, supervisor, or administrator of a shelter; (2) “Commission” means the Arkansas Child Abuse/Rape/Domestic Violence Commission; (3) “Domestic abuse” means: (A) Physical harm, bodily injury, or assault between family or household members; (B) The infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or (C) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state; (4) “Family or household members” means: (A) Spouses; (B) Former spouses; (C) Parents; (D) Children; (E) Persons related by blood within the fourth degree of consanguinity; (F) Persons who presently cohabit or in the past cohabited together; and (G) Persons who presently have a child in common; (5) “Shelter” means any entity that: (A) Provides services including food, housing, advice, counseling, and assistance to victims of domestic abuse and their minor dependent children in this state; and (B) Meets the program, fiscal, and training requirements of this chapter; (6) “Victim” means any individual who: (A) Is eighteen (18) years of age or older, is a minor who has his or her disabilities removed, or is a married individual under eighteen (18) years of age; (B) Is the victim of domestic abuse; and (C) Seeks services at a shelter; and (7) “Volunteer” means any person who donates his or her time to provide services to victims at a shelter.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-4-102

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 9-4-102. This identifies an authority to review, not proof of applicability.