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5-68-415. Possession of things enumerated in § 5-68-405 creates a presumption.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-68-415. Possession of things enumerated in § 5-68-405 creates a presumption.
(a)(1) The possession of any three (3) of the things enumerated in § 5-68-405, except the possession of them for the purpose of return to the person from whom received, creates a presumption that the things are intended for sale or commercial distribution, exhibition, or gift.
(2) However, the presumption under subdivision (a)(1) of this section is rebuttable.
(b) The burden of proof that the possession of the things is for the purpose of return to the person from whom received is on the possessor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-68-415
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:5-68-415
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bb85de81fd548ea7d5353421f5f7875391c2fb85776b538053af1f49ef05430b
Source location: content.xml paragraph 28358
Stored source content
5-68-415. Possession of things enumerated in § 5-68-405 creates a presumption.
(a)(1) The possession of any three (3) of the things enumerated in § 5-68-405, except the possession of them for the purpose of return to the person from whom received, creates a presumption that the things are intended for sale or commercial distribution, exhibition, or gift.
(2) However, the presumption under subdivision (a)(1) of this section is rebuttable.
(b) The burden of proof that the possession of the things is for the purpose of return to the person from whom received is on the possessor.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-68-405. Possession, sale, or distribution.
(a) Any person that, with knowledge of its contents, sends or causes to be sent or brings or causes to be brought into this state for sale or commercial distribution, or in this state prepares, publishes, sells, exhibits, or commercially distributes, or gives away or offers to give away or has in the person's possession with intent to sell or commercially distribute or to exhibit or to give away, any obscene printed or written matter or material other than mailable matter, or any mailable matter known by the person to have been judicially found to be obscene under this subchapter, or that knowingly informs another of when, where, how, or from whom or by what means any of these things can be purchased or obtained, is guilty of a Class D felony.
(b) Any person that, with knowledge of its contents, has in the person's possession any obscene printed or written matter or material other than mailable matter, or any mailable matter known by that person to have been judicially found to be obscene under this subchapter, is guilty of a Class A misdemeanor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-68-405
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 5-68-405. This identifies an authority to review, not proof of applicability.