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

Ark. Code Ann. § 5-71-214 (2026)

Obstructing a highway or other public passage

✓ current as of May 2026
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  1. A person commits the offense of obstructing a highway or other public passage if, having no legal privilege to do so and acting alone or with another person, he or she renders any highway or other public passage impassable to pedestrian or vehicular traffic.
  2. It is a defense to a prosecution under this section that:
    1. The highway or other public passage was rendered impassable solely because of a gathering of persons to hear the defendant speak or otherwise communicate;
    2. The defendant was a member of a gathering contemplated by subdivision (b)(1) of this section; or
    3. The highway or public passage obstructed has not been established as a city street, county road, or state or federal highway under the laws of this state and no civil court has established a right of passage by prescription for the highway or public passage.
  3. Obstructing a highway or other public passage is a Class C misdemeanor.

History. Acts 1975, No. 280, § 2915; A.S.A. 1947, § 41-2915; Acts 1999, No. 1105, § 1.

Cross References. Obstruction of private road, § 27-66-404.

Throwing injurious materials upon highways, § 27-51-1405.

Research References

U. Ark. Little Rock L.J.

Survey — Criminal Law, 12 U. Ark. Little Rock L.J. 183.

Case Notes

In General.

Obstruction of a public road is illegal. Ark. Game & Fish Comm'n v. Lindsey, 292 Ark. 314, 730 S.W.2d 474 (1987).

Highway or Public Passage.

Former section penalizing the obstruction of public roads was applicable only to county roads and not to public streets in a municipal corporation. St. Louis, Iron Mountain & S. Ry. v. State, 85 Ark. 131, 107 S.W. 668 (1908) (decision under prior law).

Evidence that a road which passed over the accused's land had been used by the public for many years and that for more than seven years the accused had constructed gates obstructing the road, that there was no dedication of the road and that it was never recognized as being part of any road district, failed to establish that the road was a “public road” so as to warrant a conviction under former section penalizing the obstruction of any public road. Simpson v. State, 210 Ark. 309, 195 S.W.2d 545 (1946) (decision under prior law).

Legal Privilege.

One who purchased lands over which a public road had been dedicated by the former owners by a bill of assurance on file in the recorder's office was held to have notice thereof and to be liable for its obstruction. Finney v. State, 172 Ark. 115, 287 S.W. 744 (1926) (decision under prior law).

Obstructions.

It was error to permit a landowner to maintain three gates across a roadway and require users to close two of such gates without requiring the landowner to construct cattle guards to permit the passages of automobiles or trucks without opening the gates. Hatchett v. Currier, 249 Ark. 829, 461 S.W.2d 934 (1971) (decision under prior law).

Cited: Britt v. State, 261 Ark. 488, 549 S.W.2d 84 (1977); Madewell v. State, 290 Ark. 580, 720 S.W.2d 913 (1986); Smith v. State, 296 Ark. 451, 757 S.W.2d 554 (1988); Hagen v. State, 318 Ark. 139, 883 S.W.2d 832 (1994).

Notes of Decisions
Cited in 5 cases, 1988–2001 · leading case: Smith v. State, 757 S.W.2d 554 (Ark. 1988).
Sort: Relevance Newest Treatment
Smith v. State, 757 S.W.2d 554 (Ark. 1988). · cites it 4× “§ 5-26-401 (1987)], and obstructing a highway [ Ark. Code Ann. § 5-71-214 (1987)]. See Britt v.”
Amalgamated Clothing & Textile Workers Intl. Union v. Earle Indus., Inc., 886 S.W.2d 594 (Ark. 1994). · cites it 4× “Ark.Code Ann. § 5-71-214 (Repl.1993). The majority opinion states that Amalgamated supporters might trespass on Earle Industries' property in the future.”
Cothren v. State, 42 S.W.3d 543 (Ark. 2001). · cites it 2× “§§ 5-70-104 - 106], and erecting or maintaining a gate across a public highway [ Ark. Code Ann. § 5-71-214 ], McLennan v. State, 337 Ark.”
McLennan v. State, 987 S.W.2d 668 (Ark. 1999). · cites it 2× “§§ 5-70-104 — 106], and erecting or maintaining a gate across a public highway [ Ark. Code Ann. § 5-71-214 ]. Appellant contends that a violation of Ark.”
Hagen v. State, 883 S.W.2d 832 (Ark. 1994). · cites it 2× “1993), and obstructing a highway, Ark. Code Ann. § 5-71-214 (Repl. 1993). We pointed out in the Rowe case that there had been one impulse to rob the victim and a second impulse to shoot her when she resisted.”
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