Ark. Code Ann. » Title 5 Chapter 11
Arkansas Code Annotated

Ark. Code Ann. § 5-11-106 (2026)

Permanent detention or restraint

✓ current as of May 2026
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  1. A person commits the offense of permanent detention or restraint if, without consent and without lawful authority, the person restrains a person with the purpose of holding or concealing the other person:
    1. Without ever releasing the other person; or
    2. Without ever returning the other person to the person or institution from whose lawful custody the other person was taken.
    1. Permanent detention or restraint is a Class B felony.
    2. However, permanent detention or restraint is a Class D felony if the person detained or restrained is the child of the defendant.

History. Acts 1975, No. 280, § 1706, as added by Acts 1977, No. 360, § 6; A.S.A. 1947, § 41-1706.

Case Notes

Return to Person or Institution with Custody.

Evidence was sufficient to find that the defendant took an incompetent person with the purpose of not returning that person to the legal guardian. Brown v. State, 54 Ark. App. 44, 924 S.W.2d 251 (1996).

Notes of Decisions
Cited in 2 cases, 1996–2008 · leading case: Fountain v. State, 285 S.W.3d 706 (Ark. Ct. App. 2008).
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Fountain v. State, 285 S.W.3d 706 (Ark. Ct. App. 2008). “…first degree, § 5-27-605(a); (v) Permanent detention or restraint when the offender is not the parent of the victim, § 5-11-106; (w) Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child, § 5-27-602; (x) Computer child…”
Brown v. State, 924 S.W.2d 251 (Ark. Ct. App. 1996). · cites it 2× “The appellant was convicted in a jury trial of committing permanent detention or restraint in violation of Arkansas Code Annotated § 5-11-106 (Repl. 1993). He was sentenced to seven years in the Arkansas Department of Correction.”
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