Arkansas Code of 1987 (2024)
Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101)
Subtitle 2 - OFFENSES AGAINST THE PERSON (§§ 5-10-101 — 5-18-107)
Chapter 13 - ASSAULT AND BATTERY (§§ 5-13-101 — 5-13-310)
Subchapter 2 - OFFENSES GENERALLY (§§ 5-13-201 — 5-13-214)
Section 5-13-214 - Knowingly exposing another person to fentanyl in the first and second degree

• (a) As used in this section:
  • (1)
    • (A) "Correctional facility" means a place used for the confinement of persons charged with or convicted of an offense or otherwise confined under a court order.
    • (B) "Correctional facility" includes the Arkansas State Hospital only in regard to persons who are detained at the hospital and charged with or convicted of an offense.
    • (C) "Correctional facility" does not include youth services programs;
  • (2) "Employee of a correctional facility" means a person who is employed by or working under a professional services contract for a correctional facility;
  • (3) "Expose" includes without limitation skin contact, inhalation, ingestion, or contact with a needlestick or a mucus membrane, including without limitation the mouth, eyes, or nose; and
  • (4) "Fentanyl" means the same as defined in § 5-64-101.

• (b)
  • (1) A person commits the offense of knowingly exposing another person to fentanyl in the first degree if:
    • (A) The person knowingly exposes another person to fentanyl; and
    • (B) The other person suffers serious physical injury as a result of the exposure to fentanyl.
  • (2) Knowingly exposing another person to fentanyl in the first degree is:
    • (A) A Class Y felony if the other person is a first responder or an employee of a correctional facility; or
    • (B) A Class A felony if otherwise committed.

• (c)
  • (1) A person commits the offense of knowingly exposing another person to fentanyl in the second degree if:
    • (A) The person knowingly exposes another person to fentanyl; and
    • (B) The other person suffers physical injury as a result of the exposure to fentanyl.
  • (2) Knowingly exposing another person to fentanyl in the second degree is:
    • (A) A Class A felony if the other person is a first responder or an employee of a correctional facility; or
    • (B) A Class B felony if otherwise committed.

• (d) The following are not offenses under this subchapter:
  • (1) An individual practitioner acting in the usual course of professional practice issuing a valid prescription for fentanyl for a legitimate medical purpose;
  • (2) A pharmacy, pharmacist, or an individual practitioner dispensing, delivering, or administering fentanyl pursuant to a prescription;
  • (3) A permitted manufacturer, wholesaler, pharmacy, hospital, long-term care facility, or other medical provider delivering, prescribing, administering, or transferring fentanyl available by prescription for lawful purposes and in compliance with state and federal law; or
  • (4) A pharmaceutical company manufacturing fentanyl available by prescription in compliance with state and federal law.

Added by Act 2023, No. 739,§ 2, eff. 8/1/2023.