Arkansas Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

Arkansas grades felonies as Class Y, A, B, C and D, plus unclassified felonies. Standard punishment ranges: Class Y 10-40 years or life; Class A 6-30 years, up to $15,000; Class B 5-20 years, up to $15,000; Class C 3-10 years, up to $10,000; Class D 0-6 years, up to $10,000; unclassified felonies as specified in the statute. Under Act 662 of 2025, capital rape (sexual intercourse or deviate sexual activity with a person 13 or younger under listed aggravating circumstances) is punishable by death or life imprisonment without parole if the defendant was 18 or older.

Class A misdemeanor: up to 1 year; up to $2,500. Class B misdemeanor: up to 90 days; up to $1,000. Class C misdemeanor: up to 30 days; up to $500.

Theft of property becomes a felony when the value is more than one thousand dollars ($1,000). Class D felony: value of five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000) (also a firearm valued at less than $2,500, a credit or debit card or account number, livestock worth more than $200, a postal package taken from a residence's curtilage, and other listed items). Class C felony: value less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000) (also a firearm valued at $2,500 or more, or property obtained by threat). Class B felony: value of twenty-five thousand dollars ($25,000) or more (also property obtained by threat of serious physical injury, and certain other listed property).

Stand your ground (Act 250 of 2021). A person is not required to retreat before using deadly physical force if the person: is lawfully present at the location; reasonably believes the person against whom the force is used is imminently threatening to cause death or serious physical injury to the person or another person; is not the initial aggressor and has not provoked that person (subject to the withdrawal exception); is not committing felon-in-possession of a firearm (§ 5-73-103) with the firearm used, unless in or at the person's dwelling or its curtilage; is not engaged in criminal activity that gives rise to the need for deadly force; and is not acting in furtherance of a criminal gang, organization or enterprise. A similar no-retreat rule applies to non-deadly physical force.

Deadly physical force is justified if a person reasonably believes another person is committing or about to commit a felony involving physical force or violence, is using or about to use unlawful deadly physical force, or is imminently endangering the person's life from the continuation of a pattern of domestic abuse. Under the 2021 no-retreat rule a lawfully present person need not retreat anywhere, including the home; the exception for a person committing felon-in-possession does not apply when the person is in or at his or her dwelling or in the curtilage (the land adjoining a dwelling habitually used for residential purposes, including closely connected outbuildings).

No limit (prosecution may be commenced at any time) for capital murder, murder in the first and second degree, rape if the victim was a minor, felony sexual indecency with a child, capital rape, sexual assault in the first degree, sexual assault in the second degree if the victim was a minor, incest if the victim was a minor, engaging children in sexually explicit conduct for use in visual or print medium, transportation of minors for prohibited sexual conduct, employing or consenting to the use of a child in a sexual performance, producing, directing or promoting a sexual performance by a child, computer exploitation of a child in the first degree, and fertility treatment fraud. Otherwise: Class Y felony or Class A felony, six (6) years (for rape, the period is eliminated if biological evidence capable of producing a DNA profile is identified); Class B, C, D or unclassified felony, three (3) years; misdemeanor or violation, one (1) year.

A judicial officer conducts a pretrial release inquiry before or at the defendant's first appearance, assessing factors such as employment, finances, family relationships, residence, character and prior record. The judicial officer shall set money bail only after determining that no other conditions will reasonably ensure the defendant's appearance in court. If money bail is set, the officer requires one of: an unsecured bond; an unsecured bond with a cash or securities deposit equal to ten per cent (10%) of the bond (ninety per cent (90%) returned if conditions are met); or a bond secured by the full amount in cash, property or qualified sureties. In setting the amount the officer considers facts relevant to the risk of willful nonappearance, including residence in the community, employment and financial condition, family ties, reputation and mental condition, past response to legal process, prior record including violence, people who vouch for the defendant, and the nature of the charge and likely sentence. For non-felony charges, a defendant may be allowed to post a specified sum that may be forfeited or applied to a fine and costs in lieu of appearing.

A person charged with an offense punishable by imprisonment who wants an appointed attorney must file a written certificate of indigency with the court, on a form approved by the Arkansas Public Defender Commission, executed under oath (a false statement is a Class D felony). An 'indigent person' is one without sufficient funds or assets to employ an attorney due to substantial financial hardship, which is presumed for people receiving public assistance (such as food stamps, TANF, Medicaid, disability insurance, public housing or SSI), earning less than two hundred percent (200%) of the federal poverty guidelines, incarcerated, or admitted to a residential mental health facility. If the court preliminarily finds the person is or may be indigent, it appoints the public defender. At the time of appointment, the court shall assess a fee of not less than ten dollars ($10.00) nor more than four hundred dollars ($400) payable to the commission, which may be waived if the court finds it too burdensome; the certificate also serves as an agreement to pay any amount the court orders.

Arkansas's sexual assault laws use age 16 as the key line for adults 20 or older: a person who is twenty years of age or older and has sexual intercourse or deviate sexual activity with someone less than sixteen years of age who is not his or her spouse commits sexual assault in the fourth degree, a Class D felony (sexual contact alone under the same age limits is a Class A misdemeanor). Sexual intercourse or deviate sexual activity with a person less than fourteen years of age is rape, a Class Y felony, with an affirmative defense if the actor was not more than three years older than the victim. Sexual assault in the second degree (Class B felony) covers a person eighteen or older and a victim less than fourteen, and when a minor commits it against a person less than fourteen it is a Class D felony (affirmative defense if the minor is not more than three years older than a victim under 12, or four years older than a victim 12 or older). A minor who has sexual intercourse or deviate sexual activity with a person less than fourteen commits sexual assault in the third degree (Class C felony), with an affirmative defense if the actor was not more than three years older.

Arkansas has a medical marijuana program; the Arkansas Department of Health issues registry identification cards. Qualified registered patients may purchase up to 2.5 ounces from a dispensary in a 14-day period; each purchase counts against the balance for 14 days. Patients and caregivers cannot grow or cultivate marijuana. Use is prohibited in any public place where a person could reasonably be expected to be observed by others. Patients under 18 cannot purchase from a dispensary; a parent or guardian must register as caregiver. A physician's written certification and a registry identification card are required.

Arkansas grades assault (threatening or dangerous conduct, usually without injury) in degrees. Assault in the third degree, purposely creating apprehension of imminent physical injury in another person, is a Class C misdemeanor (up to 30 days, up to $500). Assault in the second degree, recklessly creating a substantial risk of physical injury, is a Class B misdemeanor (up to 90 days, up to $1,000). Assault in the first degree, recklessly creating a substantial risk of death or serious physical injury, or purposely impeding another person's breathing or blood circulation by pressure on the throat or neck or by blocking the nose or mouth, is a Class A misdemeanor (up to 1 year, up to $2,500). Aggravated assault, a Class D felony (up to 6 years, up to $10,000), includes purposely displaying a firearm and impeding or preventing another person's breathing or blood circulation (including by pressure on the chest for offenses on or after July 24, 2019).

Arkansas has a separate battery offense, graded in degrees by intent and injury. Battery in the third degree, the basic form (purposely causing physical injury, recklessly causing physical injury, negligently causing physical injury with a deadly weapon, or purposely drugging someone without consent), is a Class A misdemeanor (up to 1 year, up to $2,500); knowingly causing bodily fluids or waste to contact a first responder is also a Class A misdemeanor, with a $2,500 fine and a mandatory 30 days in jail. Battery in the second degree, a Class D felony (up to 6 years), covers injuries such as recklessly injuring a child under four and injuries to certain protected victims, and is a Class C felony when committed with a motor vehicle or motor boat. Battery in the first degree, generally causing serious physical injury, is a Class B felony (5 to 20 years, up to $15,000), and a Class Y felony (10 to 40 years or life) when the victim is four or younger, a law enforcement officer on duty, or a correctional facility employee, or when the person purposely causes permanent disfigurement.

Arkansas charges violence against a family or household member as a separate crime called domestic battering, in three degrees. Domestic battering in the third degree is a Class A misdemeanor (up to 1 year, up to $2,500), and a Class D felony (up to 6 years) when the victim is a woman the person knew or should have known was pregnant, or the person has a qualifying prior offense within five years. Domestic battering in the second degree (for example, serious physical injury, or injury with a deadly weapon) is a Class C felony, raised to a Class B felony with a prior conviction within five years or when the victim is pregnant. Domestic battering in the first degree is a Class B felony (5 to 20 years), and a Class Y felony when it purposely causes permanent disfigurement or the victim is four or younger. Choking or otherwise impeding a family or household member's breathing or blood circulation is aggravated assault on a family or household member, a Class D felony.

Arkansas generally charges shoplifting under its theft of property statute. Theft of property worth $1,000 or less is a Class A misdemeanor (up to 1 year in jail and a fine up to $2,500); theft becomes a felony above $1,000 (see the felony theft threshold). A low-value theft becomes a Class D felony (up to 6 years, up to $10,000) when the person has been previously convicted of a theft offense of any classification within ten years of the current offense.

Residential burglary (unlawfully entering or remaining in a home to commit a crime) is a Class B felony (5 to 20 years, up to $15,000), and commercial burglary is a Class C felony (3 to 10 years, up to $10,000). Breaking or entering is a Class D felony (up to 6 years). Aggravated residential burglary, including residential burglary while armed with a deadly weapon, is a Class Y felony (10 to 40 years or life). Robbery (taking property by using or threatening physical force) is a Class B felony, and aggravated robbery, such as robbery while armed with a deadly weapon, is a Class Y felony.

Vandalism is called criminal mischief in Arkansas. Criminal mischief in the first degree (purposely damaging another's property) is graded by actual damage: $1,000 or less is a Class A misdemeanor (up to 1 year); more than $1,000 but $5,000 or less a Class D felony (up to 6 years); more than $5,000 but less than $25,000 a Class C felony (3 to 10 years); and $25,000 or more, or damage to critical infrastructure, a Class B felony (5 to 20 years). Criminal mischief in the second degree (reckless damage) is a Class B misdemeanor for smaller amounts, a Class A misdemeanor for $1,000 or more but less than $5,000, and a Class D felony for $5,000 or more. Defacing or damaging a public building or object of public respect, such as a cemetery or monument, is a separate offense that is a felony at higher damage amounts.

Criminal trespass is purposely entering or remaining unlawfully in or upon another person's vehicle or premises, or critical infrastructure. It is a Class C misdemeanor (up to 30 days, up to $500) in the ordinary case; a Class B misdemeanor (up to 90 days) when the vehicle or premises is an occupiable structure or the conduct involves removing a posted sign or fence; and a Class A misdemeanor (up to 1 year) when the person has a prior trespass conviction or is carrying items such as a killing or harvesting device, artifact-hunting equipment, or a lock- or fence-breaking tool. It is a Class D felony (up to 6 years, up to $10,000) when the person has two or more Class A misdemeanor trespass convictions or the premises is critical infrastructure.

Possessing less than 2 grams of methamphetamine, heroin or cocaine (Schedule I or II) is a Class D felony (up to 6 years in prison and a fine up to $10,000); 2 grams or more but less than 10 grams is a Class C felony, and 10 grams or more but less than 200 grams a Class B felony. Possessing less than 2 grams of another Schedule I or II drug (other than methamphetamine, fentanyl, heroin or cocaine) is also a Class D felony. Possessing fentanyl is a separate Class C felony (3 to 10 years). Possessing less than 2 grams of a Schedule III drug, or less than 28 grams of a Schedule IV or V drug, is a Class A misdemeanor (up to 1 year), raised to a Class D felony with four or more prior possession convictions. Possessing drug paraphernalia is a Class A misdemeanor, or a Class D felony when the drug is methamphetamine, heroin, fentanyl or cocaine and the person has a prior drug conviction.

A driver who fails to stop after a crash that causes physical injury commits a Class D felony (up to 6 years in prison and a fine up to $10,000); when the driver knowingly or recklessly fails to stop after a crash causing serious physical injury or death, it is a Class B felony (5 to 20 years, up to $15,000), and the driver's license must be revoked. For a crash that damages only a vehicle that is driven or attended, knowingly failing to stop is a Class B misdemeanor (up to 90 days) for smaller damage, a Class A misdemeanor (up to 1 year) for actual damage of $1,000 or more but less than $10,000, and a Class D felony for $10,000 or more. Failing to give information or render aid is a Class D felony.

Reckless driving is driving any vehicle in such a manner as to indicate a wanton disregard for the safety of persons or property. On a first conviction it is punishable by 5 to 90 days in jail, a fine of $25 to $500, or both; if physical injury to a person results, 30 to 90 days, a fine of $100 to $1,000, or both. A second or subsequent offense within three years of the first carries 30 days to 6 months, a fine of $500 to $1,000, or both, and 60 days to 1 year (same fine range) if it involves physical injury.

Harassment (with intent to harass, annoy or alarm and without good cause: unwanted physical contact or threats of it, following someone in public, taunting likely to provoke violence, repeated alarming conduct with no legitimate purpose, or watching someone's home, school, workplace or vehicle) is a Class A misdemeanor (up to 1 year, up to $2,500). Harassing communications by phone, mail, email or other electronic means is also a Class A misdemeanor. Stalking in the third degree is a Class A misdemeanor; stalking in the second degree (a pattern of harassment plus a terroristic threat) is a Class C felony (3 to 10 years); and stalking in the first degree (for example, violating a protective or no-contact order, a qualifying prior conviction within ten years, or being armed) is a Class B felony (5 to 20 years). Unlawfully distributing an intimate image of another person is a Class D felony when done to cause harm, for value, or as a second offense, and a Class C felony for repeat harmful or third offenses (effective August 5, 2025).

Knowingly resisting a known law enforcement officer who is making an arrest is a Class A misdemeanor (up to 1 year); knowingly refusing to submit to arrest is a Class B misdemeanor (up to 90 days). Fleeing on foot is a Class C misdemeanor, a Class B misdemeanor for a repeat offense within a year, a Class A misdemeanor if property damage results, and a Class D felony if serious physical injury results. In the code text read, fleeing by vehicle is a Class A misdemeanor, a Class D felony when the person drove over the posted speed limit, a Class C felony when the person purposely drives in a way that creates a substantial danger of death or serious physical injury under circumstances manifesting extreme indifference to human life, and a Class B felony when serious physical injury results. Since August 5, 2025, leaving a vehicle while it is still in motion during a chase raises the grade (Class C, or Class A when someone is seriously injured).

Failure to appear is failing, without reasonable excuse, to appear in court after being cited or summoned as an accused, or after being released on condition of appearing at a set time and place. The grade follows the underlying case: a Class C felony (3 to 10 years, fine up to $10,000) when the appearance concerns a pending felony charge or its disposition; a Class D felony (up to 6 years) when it concerns an order to appear before a probation-revocation hearing for someone on probation or a suspended sentence for a felony; a Class A misdemeanor (up to 1 year) for a Class A misdemeanor charge; a Class B misdemeanor (up to 90 days) for a Class B or Class C misdemeanor charge; the same penalty as the underlying offense for an unclassified misdemeanor; and a Class C misdemeanor (up to 30 days) for a violation.

Probation or a suspended sentence may not be revoked except after a revocation hearing, conducted by the court that suspended imposition of sentence within a reasonable time after arrest, not to exceed 60 days. The defendant must get written notice of the hearing and the condition allegedly violated, and may hear and challenge the evidence, offer evidence, be represented by counsel, and confront and cross-examine adverse witnesses unless the court finds good cause not to allow it; the rules of evidence do not strictly apply. The court may revoke if it finds by a preponderance of the evidence that the defendant inexcusably failed to comply with a condition, and must give a written statement of the evidence and reasons. After revocation the court may impose any sentence that might have been imposed originally for the offense, including extending the period of probation, within the statutory limits. For technical or serious conditions violations, the defendant is normally confined for set periods instead of being revoked, and becomes subject to revocation only after two such confinements, unless the State proves by a preponderance of the evidence that the defendant poses a threat to the community.

Arkansas has several obstruction-type crimes. Obstructing governmental operations (for example, knowingly obstructing a governmental function, or giving a false identity to a law enforcement or code enforcement officer) is a Class C misdemeanor (up to 30 days), and a Class A misdemeanor (up to 1 year) when done by using or threatening physical force, or for a repeat false-identification offense. Under the current versions of the felony statutes (effective July 24, 2019): witness bribery and intimidating a witness are Class B felonies (5 to 20 years); intimidating a juror, a witness or an informant is a Class B felony; retaliation against certain informants and jury tampering are Class C felonies (3 to 10 years); tampering (§ 5-53-110(b)(1)) and tampering with physical evidence that impairs a felony prosecution or defense are Class D felonies (up to 6 years). Hindering apprehension or prosecution ranges from a Class D to a Class B felony, and interfering with a law enforcement or code enforcement officer (§ 5-54-104) is listed as a Class C felony.

Perjury is a Class C felony in Arkansas, punishable by 3 to 10 years in prison and a fine up to $10,000. It covers making a false material statement under oath, perjury relating to an absentee ballot, and knowingly making a false unsworn declaration under the Uniform Foreign Declarations Act.

Public intoxication is a crime in Arkansas: appearing in a public place manifestly under the influence of alcohol or a controlled substance to the degree that the person is likely to endanger himself or herself, others or property, or unreasonably annoys people nearby. It is a Class C misdemeanor (up to 30 days, up to $500). If the person has been convicted two or more times within five years, it is an unclassified misdemeanor for which the court may impose probation of up to one year conditioned on enrolling in alcohol treatment, a fine of up to $500, and up to 30 days of imprisonment.

Disorderly conduct covers acting with the purpose of causing, or recklessly creating a risk of, public inconvenience, annoyance or alarm by fighting or violent, threatening or tumultuous behavior; making unreasonable or excessive noise; using abusive or obscene language or gestures in public likely to provoke a violent or disorderly response; disrupting a lawful assembly; obstructing vehicle or pedestrian traffic; congregating with two or more others and refusing a lawful police order to disperse; creating a hazardous or physically offensive condition; defacing a patriotic or religious symbol in public; or exposing private parts in public. It is a Class C misdemeanor (up to 30 days, up to $500).

Indecent exposure is a Class A misdemeanor (up to 1 year, up to $2,500) for a first, second or third conviction. It becomes a felony for repeat offenders or in custody: a fourth or fifth conviction within ten years of a previous conviction is a Class D felony (up to 6 years), a sixth or later conviction within ten years is a Class C felony (3 to 10 years), and indecent exposure while in the custody of a correctional or detention facility is a Class D felony (offenses on or after January 1, 2024). Sex-offender registration rules were not verified from an official source.

Prostitution (engaging, agreeing or offering to engage in sexual activity for a fee) is a Class B misdemeanor (up to 90 days) for a first offense and a Class A misdemeanor (up to 1 year) for a second or subsequent offense; a person convicted of paying or offering to pay must also pay a fine of $1,000 (Class B) or $2,500 (Class A). Buying sex is also charged as sexual solicitation, an unclassified misdemeanor punishable on a first offense by up to 90 days and a fine up to $2,000, and in the code text read, a second or subsequent offense by up to 1 year and a fine up to $3,500; for offenses on or after August 5, 2025, a second or later sexual-solicitation offense is a Class D felony (up to 6 years). Promoting prostitution in the first degree is a Class D felony, or a Class B felony (5 to 20 years) when the victim is a minor (offenses on or after January 1, 2024).

Simple betting of money or anything of value on any game of hazard or skill is a violation (not a misdemeanor), punishable by a fine of not less than $10 nor more than $25. Arkansas criminal gambling laws also include several felonies: keeping a gambling house is a Class D felony (up to 6 years) for offenses on or after July 31, 2007; operating a lottery (second or later offense), promoting a lottery, unlawful wagering on horse racing, bribery of a sports participant and lottery fraud are also Class D felonies. Which forms of gambling are legal (the state lottery, licensed casinos, sports betting, racing) were not verified from an official source.

Arkansas generally charges embezzlement as theft of property, graded mainly by value: more than $1,000 up to $5,000 is a Class D felony (up to 6 years); more than $5,000 but less than $25,000 is a Class C felony (3 to 10 years); $25,000 or more is a Class B felony (5 to 20 years). The Sentencing Commission also lists a Class B felony entry for theft involving a fiduciary (§ 5-36-103(b)(1)(C)).

Identity theft is called identity fraud in Arkansas (§ 5-37-227). Financial identity fraud (for example, using another's identifying information to obtain records or submit them to a financial institution, using a card skimmer, or transferring someone's financial information) is a Class C felony (3 to 10 years), or a Class B felony (5 to 20 years) if the victim is elderly or disabled. Nonfinancial identity fraud is a Class D felony, or Class C if the victim is elderly or disabled. Fraudulent use of a credit or debit card is graded by the value obtained in any six-month period: $1,000 or less is a Class A misdemeanor (up to 1 year); more than $1,000 up to $5,000 a Class D felony; more than $5,000 but less than $25,000 a Class C felony; and $25,000 or more a Class B felony.

Forgery in the first degree is a Class B felony (5 to 20 years) and forgery in the second degree a Class C felony (3 to 10 years); possession of a forgery device is a Class C felony. Writing bad checks falls under the Arkansas Hot Check Law and is graded by amount. A check of $1,000 or less is an unclassified misdemeanor: a first offense carries a fine of $50 to $500, up to 30 days in jail, or both; a second offense a fine of $100 to $1,000, up to 90 days, or both; and a third or subsequent offense a fine of $200 to $2,000, up to 1 year, or both. More than $1,000 up to $5,000 (one check, or several within 90 days totaling that range) is a Class D felony; more than $5,000 but less than $25,000 a Class C felony; and $25,000 or more a Class B felony.

Arkansas treats extortion as theft by threat. Obtaining property by threat is a Class C felony (3 to 10 years), and a Class B felony (5 to 20 years) if the threat is of serious physical injury or destruction of an occupiable structure. Sexual extortion (coercing sexual contact, or demanding payment by threatening to distribute an explicit recording) is a Class B felony.

Capital murder covers a premeditated and deliberated killing, a death caused during listed felonies (such as rape, kidnapping, robbery, certain burglaries, terrorism or arson) with extreme indifference to human life, murder for hire, killing an on-duty officer, firefighter, judge or teacher, an adult knowingly killing a child 14 or younger, and a fatal drive-by shooting; it is punished by death or life without parole for an adult, and life with parole eligibility after at least 30 years for a defendant under 18. First-degree murder — purposely causing a death, a death caused during any felony with extreme indifference to human life, or knowingly killing a child 14 or younger — is a Class Y felony (10 to 40 years or life). Second-degree murder — knowingly causing a death with extreme indifference to human life, or causing a death while purposely inflicting serious physical injury — is a Class A felony (6 to 30 years, fine up to $15,000).

Manslaughter — recklessly causing a death, causing a death under extreme emotional disturbance with a reasonable excuse, purposely aiding a suicide, or a death negligently caused during a felony — is a Class B felony (5 to 20 years, fine up to $15,000). Negligent homicide by vehicle, boat or aircraft while intoxicated, with a 0.08 or higher alcohol concentration, while passing a stopped school bus, or while fatigued (24 hours without sleep) is also a Class B felony. Other negligent homicide is a Class D felony (up to 6 years) if committed with a deadly weapon, and otherwise a Class A misdemeanor (up to 1 year and $2,500).

Endangering the welfare of a minor in the first degree — a parent, guardian or supervising adult purposely creating a considerable likelihood of death or serious harm to a minor, or abandoning a child under 10 in such circumstances — is a Class D felony (up to 6 years). Second degree (knowingly creating a substantial risk of serious harm to a minor) is a Class A misdemeanor (up to 1 year and $2,500), and third degree (doing so recklessly) is a Class B misdemeanor (up to 90 days and $1,000). Contributing to the delinquency of a minor — an adult knowingly aiding or encouraging a minor to break the law, run away, skip school or habitually disobey parents — is a Class A misdemeanor.

Arkansas has a single arson offense graded by the amount of damage. It covers purposely starting a fire or explosion to damage another's occupiable structure or vehicle, any property to collect insurance, any property when it negligently creates a risk of death or serious injury, a vital public facility, a church, a government building, or valuable crops or timber, and recklessly causing such a fire during a felony. Damage under $500 is a Class A misdemeanor; $500 to under $2,500 a Class D felony; $2,500 to under $5,000 a Class C felony; $5,000 to under $15,000 (or crop/timber arson) a Class B felony; $15,000 to under $100,000 a Class A felony; and $100,000 or more a Class Y felony (10 to 40 years or life).

Animal cruelty — knowingly mistreating an animal, killing or injuring another's animal, abandoning it, or failing to provide adequate food, water or shelter — is an unclassified misdemeanor on a first offense ($150 to $1,000 fine and 1 day to 1 year in jail or community service), with higher minimums for a second and third offense within 5 years; a fourth offense within 5 years is a Class D felony. Aggravated cruelty — knowingly torturing a dog, cat or horse — is a Class D felony on a first offense (up to 6 years) and a Class C felony (3 to 10 years) for a repeat within 5 years. Courts must order a psychiatric or psychological evaluation and, if appropriate, counseling at the offender's expense. The sections read do not set an ownership ban.

Yes, in a limited form. A person 18 or older who, to harass, frighten, intimidate, threaten or abuse, distributes a sexual or nude image, video or audio recording of a family or household member or a current or former dating partner to a third party commits unlawful distribution of sexual images or recordings, a Class A misdemeanor (up to 1 year and $2,500). It is no defense that the victim knew of or consented to the recording or that the defendant owns it. The court must issue a no-contact-type pretrial release order.

Cyberbullying — sending, transmitting or posting an electronic communication (email, social media, texts and the like) intended to frighten, coerce, intimidate, threaten, abuse or harass someone, as part of severe, repeated or hostile conduct — is a Class B misdemeanor (up to 90 days and $1,000), and a Class A misdemeanor (up to 1 year and $2,500) if the victim is a school employee. It applies to victims of any age.

Arkansas has a separate offense for minors. A minor who purposely creates, sends, posts, shares or possesses sexually explicit digital material (a nude or sexual image of a minor) commits possession of sexually explicit digital material, a Class A misdemeanor; for a first offense the court may order 8 hours of community service. It is an affirmative defense that the minor did not ask for the image, did not share it and deleted it on receipt, or that the minor created an image of himself or herself and did not distribute it.

Laundering criminal proceeds (criminal use of property) — knowingly conducting a transaction with proceeds of a crime to hide their source or ownership, avoid a reporting requirement, or acquire an interest in them, or knowingly letting your property be used to commit a predicate offense — is a Class C felony (3 to 10 years, fine up to $10,000). The statute sets no separate grades by dollar amount. After a conviction, the prosecutor may also sue for damages equal to the property involved plus investigation costs.

Trafficking of persons — knowingly recruiting, transporting or holding someone for involuntary servitude, subjecting someone to it, profiting from such a venture, recruiting or transporting a minor for commercial sexual activity, or coercing a pregnant woman to place her child for adoption — is a Class A felony (6 to 30 years) and a Class Y felony (10 to 40 years or life) if any victim was a minor. Not knowing the victim's age is no defense. Paying for sex with a trafficking victim carries a mandatory fine of $5,000 to $15,000.

A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, including where a tunnel or overhead crossing is provided, and between adjacent intersections with working traffic signals may cross only in a marked crosswalk. Pedestrians should use the right half of crosswalks, and drivers must still use due care to avoid hitting pedestrians, especially children. A moving traffic violation not listed with its own class is a 'violation' (non-criminal), punishable by a fine of up to $100.

It is a Class C misdemeanor (up to 30 days and $500) to possess an open alcoholic beverage container in the seating area of a motor vehicle, or any area readily accessible to the driver or a passenger while seated, while the vehicle is on a public highway or right-of-way. It applies to drivers and passengers. Containers in the trunk or cargo area, a locked glove box or console, or behind the last upright seat of a vehicle without a trunk are exempt, as are passengers in the living quarters of a motor home or in vehicles used to carry people for hire, if not accessible to the driver.

It is unlawful for anyone under 21 to buy or possess alcohol, and alcohol in a minor's body counts as possession. A person 18 to 20 who violates this commits a 'violation' with a fine of $100 to $500, and the judge may require essays on alcohol or educational probation; minors under 18 are handled under the Juvenile Code. On arrest, a person 18 or older must surrender their driver's license, which is suspended for 60 days for a first offense, 120 days for a second, and 1 year for a third or later. A minor who calls for emergency medical help for someone else and cooperates may be immune from prosecution.

Driving on an Arkansas highway while your license or driving privilege is cancelled, suspended or revoked is a misdemeanor with mandatory jail of at least 2 days and up to 6 months, and a fine of up to $500; the state then extends a suspension by an equal period, or adds one year to a revocation before a new license may be issued. Driving while suspended or revoked for DWI (under the DWI subchapter) is an unclassified misdemeanor with mandatory jail of 10 to 90 days and a fine of up to $1,000. The statutes read set the same penalties for first and repeat offenses.

Anyone not expressly exempt must hold a valid driver's license to drive a motor vehicle on an Arkansas highway. A violation of the driver's license chapter is a misdemeanor punishable by a fine of up to $500, up to 90 days in jail, or both, unless another law sets a more serious penalty.

Arkansas does not ban knives by type. Carrying a knife (a bladed instrument at least 3 inches long, including daggers, switchblades and butterfly knives), a handgun or a club on or about the person, in a vehicle or readily available is a crime — 'carrying a weapon,' a Class A misdemeanor (up to 1 year and $2,500) — only when the person has a purpose to unlawfully use it as a weapon against a person. A lawful purpose is presumed at home, in one's own vehicle or business, while on a journey, and in other listed situations.

Permissible consumer fireworks may be sold at retail to Arkansas residents and used in the state from June 20 through July 10 and from December 10 through January 5; outside those windows they may be sold only from a fixed, permanent retail store. Sales to children under 12, or to anyone known to be intoxicated or irresponsible, are illegal. Novelties such as paper caps, snakes, smoke sticks and sparklers may be sold and used any time. A violation of the fireworks subchapter is a misdemeanor punishable by a $50 to $200 fine, up to 90 days in jail, or both.

Kidnapping is restraining someone without consent so as to substantially interfere with their liberty, in order to hold them for ransom, use them as a shield or hostage, help commit a felony or escape, injure them, engage in sexual conduct, terrorize them or someone else, or interfere with a government function. It is a Class Y felony (10 to 40 years or life), reduced to a Class B felony (5 to 20 years) if the defendant proves the victim was voluntarily released alive and in a safe place before trial. False imprisonment (knowingly restraining someone without consent or legal authority) is a Class C felony (3 to 10 years) in the first degree, when it exposes the person to a substantial risk of serious physical injury, and a Class A misdemeanor (up to 1 year) in the second degree.

Threatening violence is called terroristic threatening. First degree, threatening to cause death, serious physical injury or substantial property damage with intent to terrorize, or threatening injury or property damage to a teacher or other school employee acting in the line of duty, is a Class D felony (up to 6 years). Second degree, threatening physical injury or property damage with intent to terrorize, is a Class A misdemeanor (up to 1 year).

Arkansas has no separate grand theft auto offense: stealing a vehicle is charged as theft of property, graded by the vehicle's value (a felony above $1,000, as set out in the state's general theft tiers; the theft statute read has no vehicle-specific grade). Joyriding, called unauthorized use of a vehicle (knowingly taking, operating or exercising control over another person's vehicle without consent), is a Class A misdemeanor (up to 1 year).

Theft by receiving (receiving, keeping or disposing of stolen property of another, knowing or having good reason to believe it was stolen) is graded by value: $25,000 or more is a Class B felony (5 to 20 years); more than $5,000 but less than $25,000, or a firearm worth $2,500 or more, is a Class C felony (3 to 10 years); more than $1,000 up to $5,000, a credit or debit card or account number, or a firearm worth less than $2,500, is a Class D felony (up to 6 years); anything else is a Class A misdemeanor (up to 1 year). The court may add up to 5 years for a felony involving stolen nonferrous metal.

Yes, since Act 321 of 2025. Organized retail theft is acting with one or more other people to knowingly steal consumer goods, or to organize, finance or direct such thefts, defeat anti-shoplifting devices, stay in a store after hours, use phones or other devices, or use a rental or stolen vehicle to help commit them, when the value, or the total value stolen within 120 days, is more than $1,000. It is a Class D felony (up to 6 years) over $1,000 and under $5,000, a Class C felony (3 to 10 years) over $5,000 and under $25,000, and a Class B felony (5 to 20 years) at $25,000 or more. Thefts in more than one judicial district may be added together and charged in any of them.

Delivering methamphetamine, cocaine or heroin is graded by total weight: under 2 grams is a Class C felony (3 to 10 years), 2 to under 10 grams a Class B felony (5 to 20 years), and 10 to under 200 grams a Class Y felony (10 to 40 years or life). Trafficking (possessing, possessing with intent to deliver, delivering or manufacturing large amounts) is a Class Y felony at 200 grams or more of methamphetamine, heroin, cocaine or other Schedule I or II drugs, 400 grams of Schedule III, 800 grams of Schedule IV or V, or 500 pounds of Schedule VI. Trafficking fentanyl (1 gram or more) is an unclassified felony with 25 to 60 years or life and a $1,000,000 fine.

Getting a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge or theft is a Class D felony (up to 6 years). The statute read does not separately name forged prescriptions or 'doctor shopping.'

Arkansas has no offense named vehicular assault; it is charged as battery. Recklessly causing serious physical injury while operating or in actual physical control of a motor vehicle or motorboat while intoxicated, or with an alcohol concentration of 0.08 or more, is second-degree battery, a Class C felony (3 to 10 years). Other second-degree battery is a Class D felony. Causing serious physical injury under circumstances showing extreme indifference to human life is first-degree battery, a Class B felony (5 to 20 years), though that section does not mention vehicles.

Knowingly racing or drag racing on a public highway, or taking part in, promoting or collecting money for a race, is a Class A misdemeanor (up to 1 year); a repeat offense within five years is also a Class A misdemeanor but adds a six-month driver's license suspension. Racing that blocks or stops traffic, or happens as part of a gathering of ten or more people doing the same, is a Class D felony (up to 6 years). Knowingly watching a drag race and encouraging it to start is a Class B misdemeanor (up to 90 days). Officers may impound the vehicle, at the owner's cost, for a repeat or felony racing offense within five years of a prior one.

Boating while intoxicated is part of the same law as drunk driving: it is illegal to operate or be in actual physical control of a motorboat on Arkansas waters while intoxicated or with an alcohol concentration of 0.08 or more, and it is a strict-liability offense. A first offense is an unclassified misdemeanor with 24 hours to 1 year in jail (7 days if a passenger under 16 was aboard), or public service in place of jail; second and third offenses within 10 years carry 7 days to 1 year and 90 days to 1 year. A fourth offense within 10 years is an unclassified felony with 1 to 6 years.

Committing a fraudulent insurance act is a Class D felony (up to 6 years), and the court must order restitution to those harmed in addition to any fine or prison term. A person convicted of a felony involving dishonesty or breach of trust generally may not work in the insurance business without the Insurance Commissioner's written consent, a pardon or expungement, and licensees can also face license suspension or revocation and civil fines of up to $10,000 per violation. The sections read set no dollar-based grades.

Theft of public benefits (getting or keeping a public benefit from the Department of Human Services or another state agency by a false statement, misrepresentation, impersonation or by hiding a material fact, or knowingly receiving such a benefit) is graded by value: $2,500 or more is a Class B felony (5 to 20 years), more than $500 but less than $2,500 a Class C felony (3 to 10 years), and $500 or less a Class A misdemeanor (up to 1 year). For unemployment benefits, a person who knowingly lied or hid a material fact must repay the overpayment with a 50 percent penalty (15 percent if repaid within 30 days) and 10 percent annual interest, and must repay before receiving benefits again.

Arkansas charges bribery of public officials as 'abuse of public trust': offering a benefit to a public servant (or someone about to become one) in exchange for an official decision, vote or use of discretion, a public servant accepting such a benefit, or trading benefits for a promise of public jobs or candidacy. It is graded by the value of the benefit: $25,000 or more is a Class B felony (5 to 20 years), $5,000 to under $25,000 a Class C felony (3 to 10 years), $500 to under $5,000 a Class D felony (up to 6 years), and under $500 or of unknown value a Class A misdemeanor (up to 1 year).

Willfully attempting to evade or defeat any state tax, penalty or interest is a Class C felony (3 to 10 years). Intentionally failing to pay a tax or file a return that the law requires is a Class D felony (up to 6 years).

Rape (sexual intercourse or deviate sexual activity by forcible compulsion, or with someone who cannot consent because physically helpless, mentally defective or mentally incapacitated) is a Class Y felony: 10 to 40 years or life. Sexual assault in the second degree (sexual contact by forcible compulsion or with someone unable to consent) is a Class B felony (5 to 20 years). Sexual assault in the first degree covers sexual intercourse with a minor by someone in a position of trust or authority, such as a corrections or probation employee, mandated reporter, school employee or caretaker, and is a Class A felony (6 to 30 years). Age-based offenses are covered on the age-of-consent page.

Sexual intercourse or deviate sexual activity with a child under 14 is rape, a Class Y felony, and consent is no defense; a conviction for rape of a victim under 14 carries a minimum of 25 years in prison. It is an affirmative defense if the actor was not more than three years older than the victim. Sexual contact by an adult with a child under 14 is sexual assault in the second degree, a Class B felony (5 to 20 years), or a Class D felony when committed by a minor. Under Act 662 of 2025, capital rape of a child 13 or younger in listed aggravating circumstances is punishable by death or life without parole for an offender 18 or older.

Knowingly distributing, possessing or viewing material showing a child in sexually explicit conduct (including photos, video and computer files) is a Class C felony (3 to 10 years) for a first offense and a Class B felony (5 to 20 years) for any later offense. It is an affirmative defense that the defendant reasonably and in good faith believed the person shown was at least 17. Using, persuading or coercing a child to engage in sexually explicit conduct to produce photos, video or print material, or a parent or guardian knowingly allowing it, is a Class Y felony (10 to 40 years or life).

Internet stalking of a child applies to a person 21 or older who uses the internet or other electronic communication to seduce, solicit or lure a child 15 or younger (or someone believed to be that age), or contacts a person posing as the child's parent or guardian, to arrange a meeting for sexual activity. Attempting to arrange such a meeting is a Class B felony (5 to 20 years) even if no meeting happens; if the meeting actually takes place, it is a Class Y felony (10 to 40 years or life) even if no sexual act occurs.

People convicted of sex offenses must register with the Arkansas Sex Offender Registry. Registration is for life for an offender found to have committed an aggravated sex offense, assessed as a Level 4 sexually dangerous person, convicted of a second sex offense in a separate case, convicted of rape by forcible compulsion, or convicted three or more times of failing to register. Other offenders may ask the sentencing court to end registration 15 years after first registering (or after release); the court must grant it if there was no new sex offense and the person is not likely to pose a threat, and a denied petition can be refiled after three years. Failing to register or verify, or failing to report a change of address, job or school in person, is a Class C felony (3 to 10 years).

A person convicted of a felony (including a suspended sentence or probation, but not a case dismissed and expunged under the first-offender laws) may not own or possess a firearm. It is a Class B felony (5 to 20 years) if the person has a prior violent felony, a prior felony involving a deadly weapon, or a prior conviction for this offense, or possessed the gun while committing another crime; otherwise it is a Class D felony (up to 6 years) for a person with a prior felony. Gun rights can come back through a pardon that expressly restores them, Governor or federal authorization, or Governor restoration on the local police chief's or sheriff's recommendation when the offense did not involve a weapon and was more than eight years earlier.

Computer trespass (intentionally and without authorization accessing, altering, deleting, damaging, destroying or disrupting a computer, network, program or data) is a Class C misdemeanor for a first offense with no loss, a Class B misdemeanor for a repeat or loss under $500, a Class A misdemeanor for loss of $500 to under $2,500, and a Class D felony (up to 6 years) for loss of $2,500 or more. Computer fraud (accessing a computer to carry out a scheme to defraud or extort, or to obtain money, property or services by false representations) is a Class D felony.

Arkansas is a one-party consent state. It is unlawful to intercept or record a phone, landline, wireless or in-person (oral) communication unless the person is a party to the communication or one of the parties has given prior consent. A violation is a Class A misdemeanor (up to 1 year).

Filing a false report (knowingly making a false written or oral report to a law enforcement agency or prosecutor accusing another person of a crime) is a Class A misdemeanor (up to 1 year). It is a Class D felony (up to 6 years) if the false accusation is of a capital, Class Y, A or B felony, if the investigation cost more than $500, if someone is physically injured, if the report was made to hide the filer's own crime, if it led to someone's arrest, or if it falsely claimed the victim was targeted because of membership in a protected group.

Arkansas does not have a separate hate crime offense, but it has a delayed-release enhancement. If the state proves beyond a reasonable doubt that a defendant committed a serious felony involving violence and purposely selected the victim because the victim belonged to or was associated with a recognizable group sharing mental, physical, biological, cultural, political or religious beliefs or characteristics, the person is not eligible for parole until serving at least 80% of the sentence. The circumstance must be alleged in the charging papers, and a defendant's abstract beliefs alone do not qualify.

Parole violations are handled by the Post-Prison Transfer Board, which issues arrest warrants or notices to appear. A revocation hearing judge holds a preliminary hearing (scheduled within 7 days of arrest and held within 14) on whether there is reasonable cause to believe a condition was violated, and may return the parolee to custody or to supervision with added conditions. At the revocation hearing the board or its designee must find by a preponderance of the evidence that the parolee inexcusably failed to comply; the parolee may present evidence, cross-examine witnesses and have a lawyer. If parole is revoked for a technical or serious conditions violation, confinement periods set by § 16-93-715 apply, and a parolee charged with a violent or sex-registration felony must be held until the hearing.

Knowingly violating a condition of an order of protection after receiving notice of it (including qualifying out-of-state and military orders) is a Class A misdemeanor, punishable by up to 1 year. It becomes a Class D felony (up to 6 years) if it happens within five years of a previous conviction for violating an order of protection and the order was issued after a hearing the person had notice of and a chance to attend.

Arkansas lets the prosecutor choose (direct file) in some cases and uses judicial transfer in others. A prosecutor may file in adult (circuit) court against a juvenile who was 16 or older and is accused of any felony, or 14 or 15 and accused of capital murder, first-degree murder, kidnapping, aggravated robbery, rape, first-degree battery or a terroristic act. For certain other offenses committed at 14 or 15, the state may move in juvenile court to transfer the case. Either court may hold a transfer hearing; the judge must make written findings on ten factors (such as seriousness, violence, prior history, maturity and available rehabilitation) and may transfer only on clear and convincing evidence, and the decision can be appealed.

Arkansas has the death penalty. Capital murder (for example premeditated and deliberated murder, murder during listed felonies such as rape, kidnapping, robbery or burglary, murder for hire, and premeditated murder of law enforcement officers and other listed officials) is punished by death or life imprisonment without parole for defendants 18 or older; defendants under 18 face life with parole eligibility after at least 30 years. Under Act 662 of 2025, capital rape of a child 13 or younger under listed aggravating circumstances can also be punished by death or life without parole if the defendant was 18 or older. Act 302 of 2025 (approved March 18, 2025) allows executions by lethal injection or nitrogen gas, with electrocution if both are invalidated by a final court order, and provides that a death sentence is not reduced if a method is declared unconstitutional.

In Arkansas a felony conviction takes away the right to vote. The Pulaski County Clerk, which runs voter registration, explains that voting rights can be restored under Amendment 51 § 11(d)(2) once the person has been discharged from probation or parole, has paid all probation or parole fees, has satisfied all terms of imprisonment, and has paid all applicable court costs, fines or restitution, or has had the record sealed. The person must get proof from the appropriate state or local agencies, submit it to the voter registration department of the county clerk where they live, and complete a voter registration application.

Voting rights are restored by showing the county clerk proof that the sentence is complete (discharge from probation or parole, all supervision fees paid, imprisonment satisfied, and court costs, fines or restitution paid) or that the record was sealed, and then re-registering. Firearm rights do not come back automatically: under the felon-in-possession law they return only through a pardon that expressly restores them, Governor or federal authorization, or restoration by the Governor on the recommendation of the local police chief or sheriff when the offense did not involve a weapon and was more than eight years earlier.

Arkansas's habitual offender law extends prison ranges based on prior felonies. With more than one but fewer than four priors, the ranges become Class Y 10 to 60 years or life, Class A 6 to 50 years, Class B 5 to 30 years, Class C 3 to 20 years and Class D up to 12 years; with four or more priors, Class Y 10 years to life, Class A 6 to 60, Class B 5 to 40, Class C 3 to 30 and Class D up to 15 years. A person convicted of a listed serious felony involving violence with a prior such conviction faces 40 to 80 years or life (life without parole for rape or first-degree sexual assault of a victim under 14), and a felony involving violence after two or more such priors brings ranges up to life (Class Y: not less than life).

Arkansas bans intoxicating hemp-derived THC products. The Health Department's controlled substances list places delta-8 and delta-9 THC in Schedule VI; Act 629 of 2023, whose stated intent is to prohibit the production and sale of intoxicating substances derived from industrial hemp, added delta-10 THC and THC acetate esters (effective at once for people under 21 and from August 1, 2023 for adults), and a 2025 act added THCA, HHC and other hydrogenated, ether and synthetic forms of THC effective August 5, 2025. Hemp-derived CBD with no more than 0.3% delta-9 THC remains excluded. A federal court blocked enforcement in 2023, but the Attorney General announced that the U.S. Court of Appeals for the Eighth Circuit reversed that injunction on June 24, 2025, stating that anyone selling these products is now doing so in violation of the law.

Psilocybin and psilocyn are Schedule I controlled substances in Arkansas. Possessing a Schedule I or II substance other than methamphetamine, fentanyl, heroin or cocaine is a Class D felony for less than 2 grams (up to 6 years), a Class C felony for 2 to under 28 grams, and a Class B felony for 28 to under 200 grams.

Kratom's main alkaloids, mitragynine and 7-hydroxymitragynine, are listed in Schedule I of the Arkansas Department of Health's controlled substances list (added November 2015), so kratom is treated as an illegal controlled substance. Possessing less than 2 grams of a Schedule I substance of this kind is a Class D felony (up to 6 years).

Hemp-derived CBD is legal in Arkansas when it has no more than 0.3% delta-9 THC on a dry weight basis, as verified by a nationally accredited laboratory, and is not an FDA-approved medication; such CBD is excluded from the definition of marijuana and from the Schedule VI listing of tetrahydrocannabinols. CBD products cannot contain the delta-8, delta-10 or other chemically converted THC substances that Arkansas lists as controlled.

In Arkansas the minimum age to buy, use or possess tobacco, vapor products, alternative nicotine products and e-liquids is 21, except for people with a U.S. military ID and people who were already 19 by December 31, 2019. A minor may not use, possess or try to buy these products or use false proof of age, and products found on a minor may be confiscated and destroyed. Selling or giving these products to a minor is a Class A misdemeanor.

Arkansas punishes abuse of an 'endangered' or 'impaired' person, which covers adults (an impaired person is 18 or older and unable to protect themselves because of a mental or physical impairment, and long-term care residents are presumed impaired), rather than setting an age. Purposely abusing such a person and causing serious physical injury or a substantial risk of death is a Class B felony; purposely abusing an adult endangered or impaired person and causing physical injury is a Class D felony; other abuse is a Class B misdemeanor. Exploitation (illegal or unauthorized use of the person's funds, including misuse of a power of attorney or guardianship) is a Class B felony for $2,500 or more, a Class C felony for more than $200 but under $2,500, and a Class A misdemeanor for $200 or less. Separately, knowingly causing physical injury to someone 60 or older is second-degree battery, a Class D felony.

In Arkansas, secretly using a camera to record or view a person in a private area where they expect privacy, without consent, is video voyeurism: a Class D felony for a first or second offense and a Class C felony for a third offense or if the victim is under 14. Covertly using concealed equipment, including drones, to record or view a person's body without consent is a Class B misdemeanor, or a Class A misdemeanor if the images are shared or posted online or the person has a prior voyeurism conviction. Watching someone in a private place for sexual gratification without consent is voyeurism, a Class A misdemeanor, a Class D felony if the victim is under 17 and the offender holds a position of trust or the offender has a prior conviction, and a Class C felony if the victim is under 14.

In Arkansas, knowingly causing physical injury to a law enforcement officer, firefighter, code enforcement officer or correctional employee acting in the line of duty is battery in the second degree, a Class D felony (up to 6 years); the same applies to teachers and school employees, state employees, and physicians, EMS personnel and other health care providers on duty. Purposely transferring bodily fluids onto a known officer or correctional employee is aggravated assault upon a law enforcement officer, a Class D felony, and firing a gun intending to seriously injure or kill an on-duty officer under listed circumstances is a Class Y felony. Ordinary battery in the third degree (purposely causing physical injury) is a Class A misdemeanor, and spitting or throwing bodily substances on a first responder is also a Class A misdemeanor with a mandatory $2,500 fine and 30 days in jail.