2018 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, or Welfare
Chapter 74 - Gangs
Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act
§ 5-74-107. Unlawful discharge of a firearm from a vehicle
(a)
(1) A person commits unlawful discharge of a firearm from a vehicle in the first degree if he or she knowingly discharges a firearm from a vehicle and by the discharge of the firearm causes death or serious physical injury to another person.
(2) Unlawful discharge of a firearm from a vehicle in the first degree is a Class Y felony.
(b)
(1) A person commits unlawful discharge of a firearm from a vehicle in the second degree if he or she recklessly discharges a firearm from a vehicle in a manner that creates a substantial risk of physical injury to another person or property damage to a home, residence, or other occupiable structure.
(2) Unlawful discharge of a firearm from a vehicle in the second degree is a Class B felony.
(c) (1) (A) Any vehicle or property used by the owner, or anyone acting with the knowledge and consent of the owner, to facilitate a violation of this section is subject to forfeiture.
(B) Subdivision (c)(1)(A) of this section is a new and independent ground for forfeiture.
(2)
(A) Property that is forfeitable based on this section is forfeited pursuant to and in accordance with the procedures for forfeiture in § 5-64-505.
(B) The reference in subdivision (c)(2)(A) of this section to § 5-64-505 is procedural only, and it is not a defense to forfeiture under this section that the discharge of a firearm did not involve a controlled substance.
