-
An offense is a violation if the offense is designated a violation by:
-
The Arkansas Criminal Code; or
-
A statute not a part of the Arkansas Criminal Code.
-
Regardless of any designation appearing in the statute defining an offense, an offense is a violation for purposes of the Arkansas Criminal Code if the statute defining the offense provides that no sentence other than a fine, fine or forfeiture, or civil penalty is authorized upon conviction.
History.
Acts 1975, No. 280, § 114; A.S.A. 1947, § 41-114.
Meaning of “Arkansas Criminal Code”.
See note to § 5-1-101.
Research References
Ark. L. Notes.
Bryan Foster, The Purpose of Criminal Evictions: Applying the Theories of Punishment to Arkansas’ Criminal Eviction Statute, 2018 Ark. L. Notes 1993.
Ark. L. Rev.
Case Note, Harbison v. State: Just Say No to a Usable Amount, 45 Ark. L. Rev. 425.
Case Notes
Cited:
Duhon v. State, 299 Ark. 503, 774 S.W.2d 830 (1989); McKinney v. City of El Dorado, 308 Ark. 284, 824 S.W.2d 826 (1992); Vachon v. City of Fort Smith, 308 Ark. 636, 826 S.W.2d 277 (1992); State v. Bickerstaff, 320 Ark. 641, 899 S.W.2d 68 (1995); State v. Roberts, 321 Ark. 31, 900 S.W.2d 175 (1995); State v. Herndon, 365 Ark. 185, 226 S.W.3d 771 (2006); Williams v. State, 2009 Ark. App. 554 (2009).
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 1989–2024 · leading case:
State v. Herndon.
State v. Herndon (Ark. 2006).
· cites it 10× “A violation of that regulation carries with it, in the way of a penalty, a fine of between $50 and $1,000. Under state law, a violation is a separate category of offense from a misdemeanor and a felony and is defined as an offense that carries with it a fine or forfeiture or…”
McKinney v. City of El Dorado (Ark. 1992).
· cites it 2× “, failure to yield, running a stop sign, are merely designated violations as provided under Ark. Code Ann. § 5-1-108 (1987). Appellants contend court costs statutorily authorized only in misdemeanor cases have been illegally imposed by appellee against appellants when they…”
Duhon v. State (Ark. 1989).
· cites it 2× “§ 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, an exception is…”
Hatley v. State (Ark. Ct. App. 1999).
· cites it 2× “” Ark Code Ann. § 5-1-108 (b) (Repl. 1997).”
State v. Bickerstaff (Ark. 1995).
· cites it 2× “Under state law, a “violation” is a separate category of offense from a misdemeanor and a felony and is defined as an offense that carries with it a fine or forfeiture or civil penalty.”
Vachon v. City of Fort Smith (Ark. 1992).
· cites it 2× “§ 5-1-105 (1987), and while some traffic offenses continued to be “misdemeanors,” others are designated only as “violations” under Ark. Code Ann. § 5-1-108 (1987). The City therefore wrongfully collected “misdemeanor” costs from him because he was only guilty of “violations.”
— Ark. Code Ann. § 5-1-108(b) — 2 cases
State v. Herndon (Ark. 2006).
“A violation of that regulation carries with it, in the way of a penalty, a fine of between $50 and $1,000. Under state law, a violation is a separate category of offense from a misdemeanor and a felony and is defined as an offense that carries with it a fine or forfeiture or…”
Duhon v. State (Ark. 1989).
“§ 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, an exception is…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.