Ark. Code Ann. » Title 5 Chapter 53
Arkansas Code Annotated

Ark. Code Ann. § 5-53-202 (2020)

Threatening a judicial official or juror — Penalty

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. A person commits the offense of threatening a judicial official or juror if the person directly or indirectly utters or otherwise makes a threat toward another person whom the person knows or should know to be a:
    1. Judicial official;
    2. Juror; or
    3. Member of the immediate family of a judicial official or juror.
    1. Threatening a judicial official or juror is a Class B felony if the person threatens:
      1. To cause death or serious physical injury to a judicial official, juror, or any member of a judicial official's or juror's immediate family; or
      2. Substantial damage to property owned or possessed by a judicial official, juror, or any member of a judicial official's or juror's immediate family.
    2. Threatening a judicial official or juror is a Class C felony if the person threatens:
      1. To cause physical injury to a judicial official, juror, or any member of a judicial official's or juror's immediate family; or
      2. Damage to property owned or possessed by a judicial official, juror, or any member of a judicial official's or juror's immediate family.
  3. It is an affirmative defense to any prosecution under this subchapter that at the time the defendant engaged in the conduct, the threat did not relate to the person's status or actions as a:
    1. Judicial official;
    2. Juror; or
    3. Member of the immediate family of a judicial official or juror.

History. Acts 2003, No. 1313, § 2.

Case Notes

Sentence.

Because defendant received 40 years on each count of threatening a judicial officer, as enhanced under § 5-4-501, his sentence was above the statutory range and therefore illegal. Radford v. State, 2018 Ark. App. 89, 538 S.W.3d 894 (2018).

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2018–2024 · leading case: Mitchell Steven Wine v. State of Arkansas, 2024 Ark. App. 309, 689 S.W.3d 118.
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Mitchell Steven Wine v. State of Arkansas, 2024 Ark. App. 309, 689 S.W.3d 118. · cites it 3× “The jury heard that in November 2022, Wine was the defendant in a criminal case assigned to Saline County Circuit Judge Brent Houston.”
Radford v. State, 538 S.W.3d 894 (Ark. Ct. App. 2018). “Ark. Code Ann. § 5-53-202 makes threatening a judicial officer a crime: (a) A person commits the offense of threatening a judicial official or juror if the person directly or indirectly utters or otherwise makes a threat toward another person whom the person knows or should know…”
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