Ark. Code Ann. » Title 5 Chapter 41
Arkansas Code Annotated

Ark. Code Ann. § 5-41-202 (2020)

Unlawful act regarding a computer

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. A person commits an unlawful act regarding a computer if the person knowingly and without authorization:
    1. Modifies, damages, destroys, discloses, uses, transfers, conceals, takes, retains possession of, copies, obtains or attempts to obtain access to, permits access to or causes to be accessed, or enters data or a program that exists inside or outside a computer, system, or network;
    2. Modifies, destroys, uses, takes, damages, transfers, conceals, copies, retains possession of, obtains or attempts to obtain access to, permits access to or causes to be accessed, equipment or supplies that are used or intended to be used in a computer, system, or network;
    3. Destroys, damages, takes, alters, transfers, discloses, conceals, copies, uses, retains possession of, obtains or attempts to obtain access to, permits access to or causes to be accessed, a computer, system, or network;
    4. Obtains and discloses, publishes, transfers, or uses a device used to access a computer, system, network, or data; or
    5. Introduces, causes to be introduced, or attempts to introduce a computer contaminant into a computer, system, or network.
  2. An unlawful act regarding a computer is a:
    1. Class A misdemeanor; or
    2. Class C felony if the act:
      1. Was committed to devise or execute a scheme to defraud or illegally obtain property;
      2. Caused damage in excess of five hundred dollars ($500); or
      3. Caused an interruption or impairment of a public service, including without limitation a:
        1. Governmental operation;
        2. System of public communication or transportation; or
        3. Supply of water, gas, or electricity.

History. Acts 2001, No. 1496, § 2; 2007, No. 827, § 44.

Research References

ALR.

Validity, Construction, and Application of State Computer Crime and Fraud Laws. 87 A.L.R.6th 1.

Notes of Decisions
Cited in 4 cases, 2011–2020 · leading case: Infinity Headwear & Apparel, LLC v. Coughlin, 2014 Ark. App. 609, 447 S.W.3d 138.
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Infinity Headwear & Apparel, LLC v. Coughlin, 2014 Ark. App. 609, 447 S.W.3d 138. · cites it 4× “Infinity sought, among other things, damages, injunctive relief, and an order directing that Coughlin to return all of Infinity’s property.”
Miller v. Meyers, 766 F. Supp. 2d 919 (W.D. Ark. 2011). · cites it 2× “§ 5-41-203, and unlawful act regarding a computer, Ark.Code Ann. § 5-41-202, violations of those statutes do not appear to give rise to civil liability.”
Thornton v. Thornton, No. 5:20-cv-05018 (W.D. Ark. Oct. 1, 2020). · cites it 4× “§ 5-41-202 . Mr. Thornton points out that the plaintiff in Miller v.”
Timber Automation, LLC v. FiberPro, LLC, No. 6:20-cv-06076 (W.D. Ark. Oct. 2, 2020). “§§ 5-41-202 , 203. This Court has previously found that a violation of these statutes does not give rise to civil liability.”
Ark. Code Ann. § 5-41-202(a): 1 case
Thornton v. Thornton, No. 5:20-cv-05018 (W.D. Ark. Oct. 1, 2020). “§ 5-41-202 . Mr. Thornton points out that the plaintiff in Miller v.”
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