Ark. Code Ann. » Title 5 Chapter 74
Arkansas Code Annotated

Ark. Code Ann. § 5-74-103 (2020)

Definitions

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar

As used in this subchapter:

  1. “Crime of pecuniary gain” means any violation of Arkansas law that results, or was intended to result, in the defendant receiving income, benefit, property, money, or anything of value;
  2. “Crime of violence” means any violation of Arkansas law if a person purposely or knowingly causes, or threatens to cause, death or physical injury to another person, specifically including rape;
  3. “Criminal gang, organization, or enterprise” means any group of three (3) or more individuals who commit a continuing series of two (2) or more predicate criminal offenses that are undertaken in concert with each other; and
  4. “Predicate criminal offense” means any violation of Arkansas law that is a crime of violence or a crime of pecuniary gain.

History. Acts 1993, No. 1002, § 1.

Research References

Ark. L. Notes.

Brian Gallini & Britta Stamps, Does Proving Predicate Offenses in Arkansas Require Proof Beyond a Reasonable Doubt?, 2013 Ark. L. Notes 1520.

Case Notes

Crime of Violence.

Allowing defendant's release on a bed-space bond under § 16-90-122 was erroneous because the release of offenders was only allowed if they were nonviolent in nature; defendant pled guilty to two counts of unlawful discharge of a firearm from a vehicle, which was a crime of violence under this section. State v. Britt, 368 Ark. 273, 244 S.W.3d 665 (2006).

Cited: Jones v. State, 333 Ark. 208, 969 S.W.2d 618 (1998).

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1998–2026 · leading case: Husia Harkuf v. Leah Marony, 2022 Ark. 55, 639 S.W.3d 872.
Sort: Relevance Newest Treatment
Husia Harkuf v. Leah Marony, 2022 Ark. 55, 639 S.W.3d 872. · cites it 4× “Claims for Relief Harkuf contended below and reasserts on appeal that his prior conviction for recklessly firing a gun from a vehicle is not a violent offense according to the definition set out in Ark. Code Ann. § 5-74-103 (c), which states in pertinent part that a “crime of…”
State v. Britt, 244 S.W.3d 665 (Ark. 2006). · cites it 2× “” Ark. Code Ann. § 5-74-103 (Repl. 2006). By firing shots from a rifle in the direction of the victims, Tyler and Harris, Britt purposely and knowingly tried to cause death or physical injury to his victims.”
Jones v. State, 969 S.W.2d 618 (Ark. 1998). · cites it 2× “” Ark. Code Ann. § 5-74-103 (c) (Repl. 1997).”
Michael Doerhoff v. State of Arkansas, 2023 Ark. 149, 675 S.W.3d 877. “ysical force is used; (4) Is not committing a felony offense of possession of a firearm by certain persons, § 5-73-103, with the firearm used to employ the deadly physical force, unless the person is in or at the person’s dwelling or in the curtilage surrounding the person’s…”
Campbell v. State, 2009 Ark. 540, 354 S.W.3d 41. · cites it 2× “tion, or enterprise in the first degree if he or she: (A) Commits or attempts to commit or solicits to commit a felony predicate criminal offense; and (B) That offense is part of a continuing series of two (2) or more predicate criminal offenses that are undertaken by that…”
Morgan v. State, 2016 Ark. App. 31, 480 S.W.3d 867. · cites it 2× “” Ark. Code Ann. § 5-74-103 (4) (Repl. 2005).”
Garling v. State, 975 S.W.2d 435 (Ark. 1998). · cites it 2× “Those offenses are defined in Ark. Code Ann. § 5-74-103 (b) as any violation of Arkansas law that is a crime of violence or pecuniary gain.”
Dedrick Brigance v. State of Arkansas, 2026 Ark. App. 150, 732 S.W.3d 732. “rce, unless the person is in or at the person's dwelling or in the curtilage surrounding the person’s dwelling; (5) Is not engaged in criminal activity that gives rise to the need for the use of deadly physical force at the time the deadly physical force is used; and (6) Is not…”
Ark. Code Ann. § 5-74-103(4): 1 case
Campbell v. State, 2009 Ark. 540, 354 S.W.3d 41. “tion, or enterprise in the first degree if he or she: (A) Commits or attempts to commit or solicits to commit a felony predicate criminal offense; and (B) That offense is part of a continuing series of two (2) or more predicate criminal offenses that are undertaken by that…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.