Ark. Code Ann. » Title 5 Chapter 38
Arkansas Code Annotated

Ark. Code Ann. § 5-38-101 (2020)

Definitions

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As used in this chapter:

  1. “Catastrophe” means:
    1. Serious physical injury or death to five (5) or more persons; or
    2. Substantial damage to five (5) or more occupiable structures or property loss in excess of five hundred thousand dollars ($500,000);
    1. “Occupiable structure” means a vehicle, building, or other structure:
      1. In which any person lives or carries on a business or other calling;
      2. In which people assemble for a purpose of business, government, education, religion, entertainment, or public transportation; or
      3. That is customarily used for overnight accommodation of a person, whether or not a person is actually present.
    2. “Occupiable structure” includes each unit of an occupiable structure divided into a separately occupied unit;
  3. “Property” means real property or tangible or intangible personal property, including money or any paper or document that represents or embodies anything of value;
  4. “Property of another person” means any property in which any person or government other than the actor has a possessory or proprietary interest; and
  5. “Vital public facility” means a facility maintained for use for:
    1. Public communication, transportation, or supply of water, gas, or power;
    2. Law enforcement;
    3. Fire protection;
    4. Civil or national defense; or
    5. Other public service.

History. Acts 1975, No. 280, § 1901; A.S.A. 1947, § 41-1901; Acts 2003, No. 1342, § 1.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Criminal Law, Arkansas Anti-Terrorism Act of 2003, 26 U. Ark. Little Rock L. Rev. 374.

Case Notes

Occupiable Structure.

Clubhouse for a golf course is an “occupiable structure.” Thomas v. State, 295 Ark. 29, 746 S.W.2d 49 (1988).

Vital Public Facility.

Clubhouse for a golf course is not a “vital public facility.” Thomas v. State, 295 Ark. 29, 746 S.W.2d 49 (1988).

Subchapter 2 — Offenses Generally

Publisher's Notes. For Comments regarding the Criminal Code, see Commentaries Volume B.

Cross References. Criminal trespass, § 5-39-203.

Fines, § 5-4-201.

Term of imprisonment, § 5-4-401.

Effective Dates. Acts 1883, No. 28, § 6: effective on passage.

Acts 1921, No. 82, § 7: effective on passage.

Acts 1981, No. 544, § 3: Mar. 18, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present criminal law defining the crime of arson does not include a purposeful burning of one's own property to collect insurance proceeds; purposeful burning of one's own property to collect insurance proceeds is determined by the General Assembly to be just as serious a crime as the purposeful burning of another's property; and that this Act is immediately necessary to redefine the crime of arson in order to conform with the public policy of this State. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1988 (3rd Ex. Sess.), No. 13, § 3: Feb. 9, 1988. Emergency clause provided: “It is hereby found and determined by the General Assembly that during the codification process, a mistake was made in the criminal mischief statute which should have been codified as part of the criminal mischief law and that this language needs to be added to avoid confusion as to the elements of the offense of criminal mischief. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 2003, No. 1342, § 6: Apr. 14, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the State of Arkansas' criminal statutes do not adequately address terrorism, as terrorism is known since September 11, 2001. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; or (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Research References

Am. Jur. 52 Am. Jur. 2d, Mal. Misch., § 1 et seq.

C.J.S. 54 C.J.S., Mal. Misch., § 1 et seq.

Notes of Decisions
Cited in 2 cases, 1988–2020 · leading case: Thomas v. State, 746 S.W.2d 49 (Ark. 1988).
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Thomas v. State, 746 S.W.2d 49 (Ark. 1988). · cites it 4× “Ark. Code Ann. § 5-38-101 (4) (1987) states: “‘Vital public-facility’ means a facility maintained for use for public communications, transportation, supply of water, gas, or power; law enforcement; fire protection; civil or national defense; or other public service.”
Sabrina Anderson v. State of Arkansas, 2020 Ark. App. 454, 608 S.W.3d 169. · cites it 2× “The shed was a roughly 400-square-foot heated and cooled building on a concrete slab. It had two pool tables, dart boards, a 42-inch television, couches, chairs, a computer, a refrigerator, a bar, and a bathroom.”
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