Ark. Code Ann. » Title 12 Chapter 12
Arkansas Code Annotated

Ark. Code Ann. § 12-12-212 (2026)

Release or disclosure to unauthorized person — Penalty

✓ current as of May 2026
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  1. A person is guilty of a Class A misdemeanor upon conviction if the person knowingly:
    1. Accesses information or obtains information collected and maintained under this subchapter for a purpose not specified by this subchapter; or
    2. Releases or discloses information maintained under this subchapter to another person who lacks authority to receive the information.
  2. A person is guilty of a Class D felony upon conviction if the person violates subsection (a) of this section for the purpose of:
    1. Furthering the commission of a misdemeanor offense or felony offense by the person or another person;
    2. Enhancing or assisting a person's position in a legal proceeding in this state or influencing the outcome of a legal proceeding in this state for the benefit of the person or a member of the person's family;
    3. Causing a pecuniary or professional gain for the person or a member of the person's family; or
    4. Political purposes for the person or a member of the person's family.

History. Acts 1971, No. 286, § 10; 1975, No. 742, § 9; A.S.A. 1947, § 5-1110; Acts 1997, No. 826, § 3; 2011, No. 779, § 7; 2011, No. 1224, § 1; 2017, No. 250, § 3; 2017, No. 845, § 2.

A.C.R.C. Notes. Pursuant to § 1-2-207(b) and Acts 2011, No. 779, § 25, the amendments to this section by Acts 2011, No. 779, § 7 are superseded by the amendments to this section by Acts 2011, No. 1224, § 1.

Acts 2011, No. 1224, § 3, provided:

“The provisions of this act shall not be retroactive.”

Amendments. The 2011 amendment by No. 779 substituted “knowingly releases or discloses” for “shall release or disclose” and “upon conviction is guilty” for “shall be deemed guilty”.

The 2011 amendment by No. 1224 rewrote the section.

The 2017 amendment by No. 250 added “knowingly” at the end of the introductory language in (a); in (a)(1), substituted “Accesses” for “Knowingly accesses”; and, in (a)(2), substituted “Releases” for “Knowingly releases”.

The 2017 amendment by No. 845 added “knowingly” at the end of the introductory language in (a); in (a)(1), substituted “Accesses” for “Knowingly accesses” and deleted “willfully” preceding “obtains”; and substituted “Releases” for “Knowingly releases” in (a)(2).

Cross References. Fines, § 5-4-201.

Imprisonment, § 5-4-401.

Notes of Decisions
Cited in 2 cases, 1996–2007 · leading case: Jones v. Huckabee, 250 S.W.3d 241 (Ark. 2007).
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Jones v. Huckabee, 250 S.W.3d 241 (Ark. 2007). · cites it 2× “The same penalty for similar conduct is set forth in Ark. Code Ann. § 12-12-212 (Repl. 2003). Yet, it does not appear from the record in this case that Jones ever attempted to pursue the available remedy of criminal prosecution.”
David Eagle v. John D. Morgan, 88 F.3d 620 (8th Cir. 1996). “, Ark.Code Ann. § 12-12-212 (Michie 1995)(providing that persons who access the ACIC for improper purposes are guilty of a felony).”
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