Ark. Code Ann. » Title 5 Chapter 54
Arkansas Code Annotated

Ark. Code Ann. § 5-54-119 (2026)

Furnishing, possessing, or using prohibited articles — Delivering a prohibited article

✓ current as of May 2026
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  1. A person commits the offense of furnishing a prohibited article if he or she knowingly:
    1. Introduces a prohibited article into a correctional facility, the Arkansas State Hospital, or a youth services program; or
    2. Provides a person confined in a correctional facility, the Arkansas State Hospital, or a youth services program with a prohibited article.
      1. Furnishing or providing a weapon, intoxicating beverage, controlled substance, moneys, a cellular telephone or other communication device, the components of a cellular telephone or other communication device, or any other items that would facilitate an escape, engaging in a continuing criminal enterprise, § 5-64-405, or violence within a facility is a Class B felony.
      2. Otherwise, furnishing a prohibited article is a Class C felony.
    2. This section does not apply to a religious official who supplies sacramental wine labeled as sacramental wine to an inmate in the Division of Correction for the sole purpose of an approved religious service, pursuant to rules promulgated by the Board of Corrections.
    1. A person commits possessing a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly possesses a:
      1. Cellular telephone or other communication device;
      2. Component of a cellular telephone or other communication device; or
      3. Controlled substance.
    2. Possessing a prohibited article is a Class B felony.
    1. A person commits using a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly uses a cellular telephone or other communication device to commit or to attempt, conspire, or solicit to commit:
      1. An escape from the custody of the correctional facility;
      2. Engaging in a continuing criminal enterprise, § 5-64-405; or
      3. A violent felony as defined at § 5-4-501(d)(2).
    2. Using a prohibited article is a Class A felony.
    1. A person commits the offense of delivering a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly delivers a controlled substance to another person.
      1. Delivering a prohibited article is a Class A felony if the controlled substance through its use causes the death of or serious bodily injury to another person.
      2. Otherwise, delivering a prohibited article is a Class B felony.
  6. A person may not be convicted of furnishing, possessing, or delivering a prohibited article if the prohibited article is a controlled substance and the person has been charged with, tried for, or convicted of a possession or delivery offense under § 5-64-401 et seq., that arises out of the same set of facts.

History. Acts 1975, No. 280, § 2819; 1977, No. 360, § 17; 1985, No. 686, § 1; A.S.A. 1947, § 41-2819; Acts 1988 (4th Ex. Sess.), No. 8, § 2; 1988 (4th Ex. Sess.), No. 23, § 2; 2005, No. 168, § 1; 2005, No. 1994, § 258; 2009, No. 479, § 1; 2013, No. 129, § 1; 2019, No. 315, § 151; 2019, No. 672, § 1.

Amendments. The 2005 amendment by No. 168 inserted “or she” in (a); added the subdivision designations in (b); and, in (b)(1), inserted “a cellular telephone or other communication device, the components of a cellular telephone or other communication device” and “a continuing criminal enterprise as defined in § 5-64-405.”

The 2005 amendment by No. 1994 substituted “youth services program” for “juvenile training school” in (a)(1) and (a)(2); and substituted “Board of Corrections” for “Board of Correction and Community Punishment” in (b)(2).

The 2009 amendment added (c) and (d).

The 2013 amendment substituted “a correctional facility or in the custody of a correctional facility” for “the Department of Correction” in (c)(1) and (d)(1); substituted “uses” for “used” in (d)(1); and substituted “the correctional facility” for “the Department of Correction” in (d)(1)(A).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (b)(2).

The 2019 amendment by No. 672 added “Delivering a prohibited article” in the section heading; substituted “Division” for “Department” in (b)(2); and added (c)(1)(C), (e) and (f).

Research References

ALR.

Propriety of lesser included offense charge in state prosecution of narcotics defendant — Marijuana cases. 1 A.L.R.6th 549.

Propriety of lesser included offense charge in state prosecution of narcotics defendant — Cocaine cases. 2 A.L.R.6th 551.

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2005 Arkansas General Assembly, Criminal Law, 28 U. Ark. Little Rock L. Rev. 335.

Case Notes

Evidence.

Evidence was sufficient to sustain conviction. Sims v. State, 30 Ark. App. 168, 786 S.W.2d 839 (1990).

Lesser-Included Offenses.

Possession of marijuana is a lesser-included offense of furnishing a prohibited item. Goodwin v. State, 342 Ark. 161, 27 S.W.3d 397 (2000), but see McCoy v. State, 347 Ark. 913, 69 S.W.3d 430 (2002), restating the test for determining when an offense is included in another offense.

Cited: K.W. v. State, 327 Ark. 205, 937 S.W.2d 658 (1997).

Notes of Decisions
Cited in 18 cases (10 in the last 5 years), 1990–2026 · leading case: Daffron v. State, 2016 Ark. App. 486 (Ark. Ct. App. 2016).
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Daffron v. State, 2016 Ark. App. 486 (Ark. Ct. App. 2016). · cites it 2× “” Ark. Code Ann. § 5-54-119 (Repl. 2016).”
K.W. v. State, 937 S.W.2d 658 (Ark. 1997). · cites it 2× “had committed the offense of Furnishing Prohibited Articles, Ark. Code Ann. § 5-54-119 (Repl. 1993). Within seventy-two hours ofher detention, K.”
Goodwin v. State, 27 S.W.3d 397 (Ark. 2000). · cites it 2× “Appellant David Carroll Goodwin, an inmate in the Arkansas Department of Correction, was charged with furnishing a prohibited article in violation of Ark. Code Ann. § 5-54-119 (Repl. 1997). He was convicted in Izard County Circuit Court of the lesser charge of possession of a…”
Laster v. State, 64 S.W.3d 800 (Ark. Ct. App. 2002). · cites it 2× “Ark. Code Ann. § 5-54-119 (a)(1) (Repl. 1997).”
Nicholas Burris v. State of Arkansas, 2023 Ark. App. 212 (Ark. Ct. App. 2023). · cites it 2× “In order to be convicted of possession of a prohibited article under Arkansas Code Annotated section 5-54-119 (c)(1)(C), the State was required to show that Burris knowingly possessed a controlled substance while an inmate at a correctional facility.”
Duane Jefferson Gonder v. State of Arkansas, 2024 Ark. 63 (Ark. 2024). · cites it 2× “In his underlying petition for the writ, Gonder asked the circuit court to compel the prosecuting attorney, Franklin Spain, to withdraw Gonder’s guilty plea to the charge of attempting to furnish a prohibited article into a correctional facility in violation of Arkansas Code…”
Duane Gonder v. State of Arkansas, 2023 Ark. 122 (Ark. 2023). · cites it 12× “See Ark. Code Ann. § 5-54-119 (b)(1) (Supp. 2009).”
Duane Gonder v. Tim Griffin, Arkansas Attorney Gen., 2026 Ark. 74 (Ark. 2026). · cites it 16× “3 In his supplemental motion for declaratory judgment and injunctive relief, Gonder argued that section 5-54-119 is also unconstitutionally vague.”
Lewis v. State, 2016 Ark. App. 503 (Ark. Ct. App. 2016). · cites it 2× “In May 2014, Mark pled guilty to furnishing prohibited articles pursuant to Arkansas Code Annotated section 5-54-119 (Supp. 2013) and was sentenced to five years’ probation.”
Ronterrio Mayo v. State of Arkansas, 2020 Ark. App. 527 (Ark. Ct. App. 2020). · cites it 2× “See Ark. Code Ann. § 5-54-119 (Supp. 2019). Mayo’s counsel initially filed a no-merit brief pursuant to Anders v.”
Zayzhon Thompson v. State of Arkansas, 2023 Ark. App. 529 (Ark. Ct. App. 2023). · cites it 8× “The only case before the Lincoln County Circuit Court was the charge of possession of a prohibited article in violation of Ark. Code Ann. § 5-54-119 . Inasmuch as appellant is challenging the circuit court’s jurisdiction in this case, it is without merit.”
Sims v. State, 786 S.W.2d 839 (Ark. Ct. App. 1990). · cites it 2× “After a jury trial, the appellant was convicted of furnishing prohibited articles in violation of Ark. Code Ann. § 5-54-119 (1987), and was sentenced to five years in the Arkansas Department of Correction.”
Show all 18 citing cases →
— Ark. Code Ann. § 5-54-119(a) — 2 cases
Duane Gonder v. Tim Griffin, Arkansas Attorney Gen., 2026 Ark. 74 (Ark. 2026). “3 In his supplemental motion for declaratory judgment and injunctive relief, Gonder argued that section 5-54-119 is also unconstitutionally vague.”
Craytonia Badger v. Dexter Payne, Dir., Arkansas Div. of Corr., 2025 Ark. 162 (Ark. 2025).
— Ark. Code Ann. § 5-54-119(c)(1) — 1 case
Duane Gonder v. Tim Griffin, Arkansas Attorney Gen., 2026 Ark. 74 (Ark. 2026). “3 In his supplemental motion for declaratory judgment and injunctive relief, Gonder argued that section 5-54-119 is also unconstitutionally vague.”
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