Ark. Code Ann. » Title 5 Chapter 01
Arkansas Code Annotated

Ark. Code Ann. § 5-1-106 (2026)

Felonies

✓ current as of May 2026
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  1. An offense is a felony if the offense is designated a felony by:
    1. The Arkansas Criminal Code; or
    2. A statute not a part of the Arkansas Criminal Code.
  2. A felony is classified as follows:
    1. Class Y felony;
    2. Class A felony;
    3. Class B felony;
    4. Class C felony; or
    5. Class D felony.
    1. Any felony defined by a statute not a part of the Arkansas Criminal Code that does not specify the class of the felony or prescribe a limitation on a sentence to imprisonment upon conviction of the felony is a Class D felony.
    2. Any felony defined by a statute not a part of the Arkansas Criminal Code that does prescribe a limitation on a sentence to imprisonment upon conviction of the felony is an unclassified felony.

History. Acts 1975, No. 280, § 112; 1981, No. 620, § 2; A.S.A. 1947, § 41-112.

Meaning of “Arkansas Criminal Code”. See note to § 5-1-101.

Case Notes

Sentence.

If the maximum sentence for an offense was death or confinement in the penitentiary then, even though a lesser sentence was imposed, the offense was deemed a felony. Merritt v. Jones, 259 Ark. 380, 533 S.W.2d 497 (1976) (decision under prior law).

Cited: Dollar v. State, 287 Ark. 61, 697 S.W.2d 868 (1985).

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2007–2025 · leading case: State v. Moya, 2007-NMSC-027, 161 P.3d 862.
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State v. Moya, 2007-NMSC-027, 161 P.3d 862. · cites it 2× “, Ark.Code Ann. § 5-1-106 (2006); Iowa Code § 701.”
Fooks v. State, No. 24/22 (Md. June 6, 2025). “See Ark. Code Ann. § 5-1-106 (a); Del. Code Ann.”
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