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

Ark. Code Ann. § 5-1-107 (2020)

Misdemeanors

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. An offense is a misdemeanor if the offense is:
    1. Designated a misdemeanor by the Arkansas Criminal Code;
    2. Designated a misdemeanor by a statute not a part of the Arkansas Criminal Code, except as provided in § 5-1-108; or
    3. Not designated a felony and a sentence to imprisonment is authorized upon conviction.
  2. A misdemeanor is classified as follows:
    1. Class A misdemeanor;
    2. Class B misdemeanor; or
    3. Class C misdemeanor.
    1. Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does not specify the class of the misdemeanor or prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is a Class A misdemeanor.
    2. Any misdemeanor 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 misdemeanor is an unclassified misdemeanor.

History. Acts 1975, No. 280, § 113; A.S.A. 1947, § 41-113.

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

Cross References. Ordinances punishing act made misdemeanor by state law, penalties, §§ 14-55-501, 14-55-502.

Case Notes

Jurisdiction.

According to the plain language of subsection (a) of this section, because a violation of any Arkansas Game and Fish Commission (AGFC) regulation carried a penalty that could include imprisonment but was not designated a felony, the act of violating an AGFC regulation was a misdemeanor; therefore, while the Bickerstaff case set forth a holding that the only penalty for violating the AGFC regulation was a fine, that was an incorrect statement of the law. State v. Herndon, 365 Ark. 185, 226 S.W.3d 771 (2006).

Cited: Dollar v. State, 287 Ark. 61, 697 S.W.2d 868 (1985); Duhon v. State, 299 Ark. 503, 774 S.W.2d 830 (1989).

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1989–2025 · leading case: State v. Herndon, 226 S.W.3d 771 (Ark. 2006).
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State v. Herndon, 226 S.W.3d 771 (Ark. 2006). · cites it 10× “In contrast, a "misdemeanor" is defined in Ark.Code Ann. § 5-1-107 to include the following: (a) An offense is a misdemeanor if: (1) It is so designated by this code; (2) It is so designated by a statute not a part of this code, except as provided in § 5-1-108; or (3) It is not…”
Duhon v. State, 774 S.W.2d 830 (Ark. 1989). · cites it 6× “While Ark. Code Ann. § 5-1-107 (a)(2) (1987) states an offense is a misdemeanor if it is so designated by a statute that is not a part of the criminal code and § 5-1-107(c) provides that such a statute with no limitations on a sentence to imprisonment is a class A misdemeanor,…”
Samantha Cameron v. State of Arkansas, 2025 Ark. App. 131, 707 S.W.3d 513. · cites it 2× “8 See Ark. Code Ann. § 5-1-107 (Repl. 2024). 4 Cameron’s sentence for the revocation of her underlying conviction on first-degree endangering the welfare of a minor.”
Ark. Code Ann. § 5-1-107(a): 1 case
State v. Herndon, 226 S.W.3d 771 (Ark. 2006). “In contrast, a "misdemeanor" is defined in Ark.Code Ann. § 5-1-107 to include the following: (a) An offense is a misdemeanor if: (1) It is so designated by this code; (2) It is so designated by a statute not a part of this code, except as provided in § 5-1-108; or (3) It is not…”
Ark. Code Ann. § 5-1-107(a)(2): 1 case
Duhon v. State, 774 S.W.2d 830 (Ark. 1989). “While Ark. Code Ann. § 5-1-107 (a)(2) (1987) states an offense is a misdemeanor if it is so designated by a statute that is not a part of the criminal code and § 5-1-107(c) provides that such a statute with no limitations on a sentence to imprisonment is a class A misdemeanor,…”
Ark. Code Ann. § 5-1-107(c): 1 case
Duhon v. State, 774 S.W.2d 830 (Ark. 1989). “While Ark. Code Ann. § 5-1-107 (a)(2) (1987) states an offense is a misdemeanor if it is so designated by a statute that is not a part of the criminal code and § 5-1-107(c) provides that such a statute with no limitations on a sentence to imprisonment is a class A misdemeanor,…”
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