Ark. Code Ann. » Title 16 Chapter 123
Arkansas Code Annotated

Ark. Code Ann. § 16-123-106 (2020)

Hate offenses

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. A person may bring a civil action for injunctive relief or damages, or both, if he or she is subject to an act motivated by racial, religious, or ethnic animosity and the act was an act of:
    1. Intimidation or harassment;
    2. Violence directed against his or her person; or
    3. Vandalism directed against his or her real or personal property.
  2. Any aggrieved party who initiates and prevails in a civil action authorized by this section is entitled to damages, including punitive damages, and in the discretion of the court to an award of the cost of the civil action, and a reasonable attorney's fee in an amount to be fixed by the court.
  3. This section does not apply to:
    1. Speech or conduct protected by the United States Constitution, Amendment I, or Arkansas Constitution, Article 2, § 6; or
    2. A civil action:
      1. Between an employee and his or her employer or between or among employees of the same employer;
      2. For damages arising out of an incident occurring in the workplace; or
      3. Arising out of the employee-employer relationship.

History. Acts 1993, No. 962, § 3; 2017, No. 191, § 2.

Publisher's Notes. This section was formerly codified as § 16-123-104.

Amendments. The 2017 amendment rewrote the introductory language in (a); deleted “where such acts are motivated by racial, religious, or ethnic animosity” at the end of (a)(3); in (b), substituted “a civil action” for “an action” and “cost of the civil action” for “cost of the litigation”; redesignated former (c) as the introductory language of (c) and (c)(1); added (c)(2); and made stylistic changes.

Notes of Decisions
Cited in 4 cases, 1998–2017 · leading case: Fennell v. City of Pine Bluff, 2016 Ark. App. 275, 492 S.W.3d 887.
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Fennell v. City of Pine Bluff, 2016 Ark. App. 275, 492 S.W.3d 887. · cites it 2× “Although appellants had also alleged in their fourth amended complaint claims pursuant to Arkansas Code Annotated section 16-123-106 (Supp; 2011) of ACRA, appellants expressly abandoned these claims in their reply brief.”
Kiesling v. Arkansas Prof'l Bail Ass'n, 2017 Ark. 346, 532 S.W.3d 567. · cites it 2× “free association pursuant to article 2, sections 4 and 6 of the Arkansas Constitution and the First Amendment to the United States Constitution; a violation of the equal protection clause contained in article 2, section 3 of our state constitution and the Fourteenth Amendment to…”
Williams v. Motel 6 Multipurpose, Inc., 120 F. Supp. 2d 776 (E.D. Ark. 1998). · cites it 4× “Plaintiff asserts several state law causes of action against defendants, including discrimination in violation of the general provisions of the Arkansas Civil Rights Act of 1993, ArkCode Ann. § 16-123-101 et seq.; violation of the “hate offenses” provision of the Arkansas Civil…”
Gentry v. Robinson, 2009 Ark. 345, 322 S.W.3d 498. · cites it 2× “Her complaint contended that Ward’s actions violated her rights protected by the Arkansas Civil Rights Act, Ark. Code Ann. § 16-123-106 (Repl.2006). She further maintained that the County owed a duty to protect her while she was incarcerated in a county facility, and that the…”
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