2018 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, or Welfare
Chapter 71 - Riots, Disorderly Conduct, Etc.
Subchapter 1 - General Provisions
§ 5-71-101. Definitions

Universal Citation: AR Code § 5-71-101 (2018)
  • As used in this chapter:
  • (1) "Alcoholic beverage" means:

    • (A) Beer, ale, porter, stout, sake, or other similar fermented beverage of any name or description containing five-tenths percent (0.5%) or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any malt substitute;

    • (B) Wine of not less than five-tenths percent (0.5%) of alcohol by volume; or

    • (C) A distilled spirit known as "ethyl alcohol", "ethanol", or "spirits of wine" in any form, including all dilutions and mixtures of a distilled spirit, from whatever source or by whatever process produced;

  • (2) "Deviate sexual activity" means any act of sexual gratification involving:

    • (A) The penetration, however slight, of the anus or mouth of one (1) person by the penis of another person; or

    • (B) The penetration, however slight, of the vagina or anus of one (1) person by any body member or foreign instrument manipulated by another person;

  • (3) "Governmental function" means any activity that a public servant is legally authorized to undertake on behalf of any governmental unit he or she serves;

  • (4)

    • (A) "Motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on a public highway.

    • (B) "Motor vehicle" does not include a vehicle operated solely on a rail or rails;

  • (5) "Occupiable structure" means a vehicle, building, or other structure:

    • (A) Where any person lives or carries on a business or other calling;

    • (B) Where people assemble for purposes of business, government, education, religion, entertainment, or public transportation; or

    • (C)

      • (i) That is customarily used for overnight accommodation of persons, whether or not a person is actually present.

      • (ii) Each unit of an occupiable structure divided into separately occupied units is itself an occupiable structure;

  • (6) "Open alcoholic beverage container" means a bottle, can, or other receptacle that:

    • (A) Contains any amount of alcoholic beverage; and

    • (B) Is either:

      • (i) Open or has a broken seal; or

      • (ii) Not open or having a broken seal but with its contents already partially removed;

  • (7) "Property" means real property or tangible or intangible personal property, including money or any paper or document that represents or embodies anything of value;

  • (8) "Prostitution" has the meaning specified in § 5-70-102;

  • (9) "Public building" means a structure owned, operated, or occupied by any agency of the State of Arkansas or its political subdivisions or by any agency of the United States Government;

  • (10) "Public place" means a publicly or privately owned place to which the public or a substantial number of people have access;

  • (11) "Vehicle" means any craft or device designed for the transportation of people or property across land or water or through the air; and

  • (12) "Vital public facility" means a facility maintained for use for:

    • (A) Public communications;

    • (B) Transportation;

    • (C) Supply of water, gas, or power;

    • (D) Law enforcement;

    • (E) Fire protection;

    • (F) Civil or national defense; or

    • (G) Other public service.

Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.