Ark. Code Ann. » Title 5 Chapter 71
Arkansas Code Annotated

Ark. Code Ann. § 5-71-101 (2026)

Definitions

✓ current as of May 2026
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As used in this chapter:

  1. “Alcoholic beverage” means:
    1. Beer, ale, porter, stout, sake, or other similar fermented beverage of any name or description containing five-tenths percent (0.5%) or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any malt substitute;
    2. Wine of not less than five-tenths percent (0.5%) of alcohol by volume; or
    3. A distilled spirit known as “ethyl alcohol”, “ethanol”, or “spirits of wine” in any form, including all dilutions and mixtures of a distilled spirit, from whatever source or by whatever process produced;
  2. “Deviate sexual activity” means any act of sexual gratification involving:
    1. The penetration, however slight, of the anus or mouth of one (1) person by the penis of another person; or
    2. The penetration, however slight, of the vagina or anus of one (1) person by any body member or foreign instrument manipulated by another person;
  3. “Governmental function” means any activity that a public servant is legally authorized to undertake on behalf of any governmental unit he or she serves;
    1. “Motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on a public highway.
    2. “Motor vehicle” does not include a vehicle operated solely on a rail or rails;
  5. “Occupiable structure” means a vehicle, building, or other structure:
    1. Where any person lives or carries on a business or other calling;
    2. Where people assemble for purposes of business, government, education, religion, entertainment, or public transportation; or
      1. That is customarily used for overnight accommodation of persons, whether or not a person is actually present.
      2. Each unit of an occupiable structure divided into separately occupied units is itself an occupiable structure;
  6. “Open alcoholic beverage container” means a bottle, can, or other receptacle that:
    1. Contains any amount of alcoholic beverage; and
    2. Is either:
      1. Open or has a broken seal; or
      2. Not open or having a broken seal but with its contents already partially removed;
  7. “Property” means real property or tangible or intangible personal property, including money or any paper or document that represents or embodies anything of value;
  8. “Prostitution” has the meaning specified in § 5-70-102;
  9. “Public building” means a structure owned, operated, or occupied by any agency of the State of Arkansas or its political subdivisions or by any agency of the United States Government;
  10. “Public place” means a publicly or privately owned place to which the public or a substantial number of people have access;
  11. “Vehicle” means any craft or device designed for the transportation of people or property across land or water or through the air; and
  12. “Vital public facility” means a facility maintained for use for:
    1. Public communications;
    2. Transportation;
    3. Supply of water, gas, or power;
    4. Law enforcement;
    5. Fire protection;
    6. Civil or national defense; or
    7. Other public service.

History. Acts 1975, No. 280, § 2901; A.S.A. 1947, § 41-2901; Acts 2018 (2nd Ex. Sess.), No. 4, § 1; 2018 (2nd Ex. Sess.), No. 7, § 1.

Amendments. The 2018 (2nd Ex. Sess.) amendment by identical acts Nos. 4 and 7 added the definitions for “Alcoholic beverage”, “Motor vehicle”, and “Open alcoholic beverage container”.

Case Notes

Public Place.

The definition of “public place” speaks only to accessibility, not visibility. Weaver v. State, 326 Ark. 82, 928 S.W.2d 798 (1996).

Where defendant was attending a private party and was drinking on the tailgate of a pickup parked in the side yard of the residence, defendant was not drinking in a “public place” as that term is used in this section. Weaver v. State, 326 Ark. 82, 928 S.W.2d 798 (1996).

Cited: Giron v. City of Alexander, 693 F. Supp. 2d 904 (E.D. Ark. 2010).

Subchapter 2 — Offenses Generally

Cross References. Fines, § 5-4-201.

Riotous and unlawful assemblies, dispersal, §§ 12-11-102 and 12-11-103.

Term of imprisonment, § 5-4-401.

Preambles. Acts 2006 (1st Ex. Sess.), No. 1, contained a preamble which read:

“WHEREAS, the Eighty-Fifth General Assembly finds that when military service personnel have been killed in action or have died as a result of their service to our country, their families should be afforded some protections to ensure that they are able to grieve their loss in privacy and peace; and

“WHEREAS, the Eighty-Fifth General Assembly finds that families of military service personnel and other families who have lost a loved one have a substantial interest in organizing and attending funerals, memorial services, wakes, visitations, and burials for deceased relatives with a deference to their privacy and peace; and

“WHEREAS, funerals, memorial services, wakes, visitations, and burials are intensely emotional times for the families of those who have died; and

“WHEREAS, the interests of families who are mourning the loss of deceased relatives are violated when military and other funerals, memorial services, wakes, visitations, or burials are targeted for picketing and other public demonstrations; and

“WHEREAS, the State of Arkansas has historically given deference to honoring those who have died and their grieving families and loved ones; and

“WHEREAS, the Eighty-Fifth General Assembly finds that it is imperative that grieving families, friends, and loved ones are given an adequate opportunity to mourn immediately before, during, and immediately after funerals, memorial services, wakes, visitations, and burials free from protesting and picketing; and

“WHEREAS, such a limited restriction strikes a balance between the exercise of freedom of speech and other constitutional rights while still affording families the right to mourn in peace,

“NOW THEREFORE, …”

Effective Dates. Acts 1975 (Extended Sess., 1976), No. 1155, § 4: Feb. 11, 1976. Emergency clause provided: “It is hereby found and determined by the General Assembly that a question has arisen as to whether Section 2913 of 280 of 1975, defining the offense of Public Intoxication, repealed by implication that portion of Ark. Stat. Ann. Section 48-943 (Repl. 1964) prohibiting the drinking of intoxicating beverages in public places; that the General Assembly did not intend to repeal by implication such portion of Section 48-943; that conflicting interpretations of the repealed effect of Section 2913 of Act 280 of 1975 will result in inequitable enforcement of the present statutory prohibition against public drinking; and that the immediate passage of this Act is necessary to clarify the state of the law as to the legality of drinking intoxicating beverages in public places. 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 1987, No. 877, § 4: Apr. 13, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that a question has arisen over the validity of Act 1155 of the Extended Session of 1976; that this Act is a reenactment of the former law; and that the immediate passage of this Act is necessary to clarify the state of the law as to the legality of drinking intoxicating beverages in public places. 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 1993, Nos. 379 and 388, § 10: Mar. 8, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Attorney General and the Prosecuting Attorneys are in need of specific legislation by which to eliminate stalking and that immediate passage of this act is necessary to protect the public peace, health and safety of the State of Arkansas. 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 1995, No. 1302, § 8: Apr. 14, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the Attorney General and the Prosecuting Attorneys are in need of specific legislation by which to eliminate stalking and that immediate passage of this act is necessary to protect the public peace, health and safety of the State of Arkansas. 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.”

Acts 2006 (1st Ex. Sess.), No. 1, § 2: Apr. 7, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that when military service personnel have been killed in action or have died as a result to their service to our country, their families should be afforded some protection to ensure that they are able to grieve their loss in privacy and peace; that families of military personnel and other families who have lost a loved one have a substantial interest in organizing and attending funerals, memorial services, wakes, visitations, and burials for deceased relatives with a deference to their privacy and peace; and that this act is immediately necessary because it is imperative that grieving families of military personnel and other families who have lost a loved one are given an adequate opportunity to mourn immediately before, during, and immediately after funerals, memorial services, wakes, visitations, and burials free from protesting and picketing and that such a limited restriction strikes a balance between the exercise of freedom of speech and other constitutional rights while still affording families the right to mourn in peace. 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; (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

ALR.

Insulting words addressed directly to police officer as disorderly conduct or breach of peace. 14 A.L.R.4th 1252.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1996–2025 · leading case: Giron v. City of Alexander, 693 F. Supp. 2d 904 (E.D. Ark. 2010).
Sort: Relevance Newest Treatment
Giron v. City of Alexander, 693 F. Supp. 2d 904 (E.D. Ark. 2010). · cites it 2× “Ark.Code Ann. § 5-71-101(6). 253 . Weaver v.”
Jerry Linton v. State of Arkansas, 2025 Ark. App. 497. · cites it 2× “]” Ark. Code Ann. § 5-71-101 (10) (Repl. 2024).”
Weaver v. State, 928 S.W.2d 798 (Ark. 1996). · cites it 2× “” Ark. Code Ann. § 5-71-101 (6) (Repl. 1993) (Emphasis added.”
Ark. Code Ann. § 5-71-101(6): 1 case
Giron v. City of Alexander, 693 F. Supp. 2d 904 (E.D. Ark. 2010). “Ark.Code Ann. § 5-71-101(6). 253 . Weaver v.”
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