Ark. Code Ann. » Title 16 Chapter 90
Arkansas Code Annotated

Ark. Code Ann. § 16-90-202 (2020)

Punishment for third conviction for certain offenses

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. When any person shall be convicted of murder, rape, carnal abuse, or kidnapping and it shall be shown that the person has been twice previously convicted of any of the above-mentioned crimes in this state or any other state, upon the third conviction the person shall be deemed a habitual criminal and shall be sentenced to life imprisonment in the Division of Correction.
  2. However, nothing in this section shall be construed to abolish or otherwise affect punishment by death for crimes which are punishable by death.

History. Acts 1967, No. 212, § 1; A.S.A. 1947, § 43-2328.1; Acts 2019, No. 910, § 871.

Publisher's Notes. This section may have been repealed by later legislation which enacted § 5-4-104(a). See Hodge v. State, 320 Ark. 31, 894 S.W.2d 927 (1995).

Amendments. The 2019 amendment substituted “Division of Correction” for “Department of Correction” in (a).

Case Notes

Supersession of Statute.

This section may have been repealed by § 5-4-104(a). Hodge v. State, 320 Ark. 31, 894 S.W.2d 927 (1995).

Notes of Decisions
Cited in 1 case, 1995–1995 · leading case: Hodge v. State, 894 S.W.2d 927 (Ark. 1995).
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Hodge v. State, 894 S.W.2d 927 (Ark. 1995). · cites it 5× “Hodge had previously been convicted of two counts of rape, so the sentence should have been to life imprisonment according to Ark. Code Ann. § 16-90-202 (1987). The Trial Court entertained a motion to resentence Mr.”
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