Any person who violates any provision of Arkansas law that is a crime of violence while acting in concert with two (2) or more other persons is subject to enhanced penalties.
Upon conviction of a crime of violence committed while acting in concert with two (2) or more other persons, the classification and penalty range is increased by one (1) classification.
The fact that the group was not a criminal gang, organization, or enterprise is not a defense to prosecution under this section.
History.
Acts 1993, No. 1002, § 1.
Research References
ALR.
Validity of Criminal State Racketeer Influenced and Corrupt Organizations Acts and Similar Acts Related to Gang Activity and the Like. 58 A.L.R.6th 385.
Case Notes
Constitutionality.
This section conveys fair and sufficient warning when measured by common understanding and, therefore, is not unconstitutionally vague. Jones v. State, 333 Ark. 208, 969 S.W.2d 618 (1998).
Enhanced Classification.
Engaging in violent criminal activity as enumerated in this section would not be a Class D felony in itself but rather would raise a third-degree battery Class A misdemeanor to a Class D felony. B.J. v. State, 56 Ark. App. 35, 937 S.W.2d 675 (1997).
Engaging in violent criminal activity is merely an enhancement of punishment statute, not a substantive offense. Jones v. State, 333 Ark. 208, 969 S.W.2d 618 (1998).
Evidence.
Trial court did not err in admitting photographs from defendant's Facebook page to show that she was engaging in violent, criminal group activity by violating Arkansas law while acting in concert with two or more persons in violation of this section.
Williamson v. State, 2011 Ark. App. 73, 381 S.W.3d 134 (2011).
Sufficiency of Evidence.
Defendants'
sentences were improperly enhanced under this section for committing assault “in concert” with two or more other persons because, even assuming that the evidence was sufficient to support a finding that three people were involved in a melee directed at the victim, the evidence was insufficient to show that any third person acted “in concert” with the two defendants. Evidence of mutual agreement in a common plan or enterprise was lacking.
Johnson v. State, 2010 Ark. App. 252 (2010).
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 1997–2025 · leading case: Jones v. State, 969 S.W.2d 618 (Ark. 1998).
Jones v. State, 969 S.W.2d 618 (Ark. 1998). · cites it 11דThe State sought enhancement of the battery charges under Ark. Code Ann. § 5-74-108 (Repl. 1997), which amplifies the felony classification and sentence-penalty range of a person convicted of a “crime of violence” while acting in concert with two or more persons.”
Williamson v. State, 381 S.W.3d 134 (Ark. Ct. App. 2011). · cites it 4דDuring appellant’s trial, the State introduced seven pictures from her Face-book page to support its argument that appellant was engaging in violent, criminal group activity — by violating Arkansas law while acting in concert with two or more persons — pursuant to Arkansas Code…”
B.J. v. State, 937 S.W.2d 675 (Ark. Ct. App. 1997). · cites it 9דOn appeal, they argue that the trial court erred in adjudicating them delinquent on the charge of engaging in violent criminal group activity under Ark. Code Ann. § 5-74-108 (Repl. 1993). Appellant B.”
Tyree D. Johnson v. State of Arkansas, 2025 Ark. App. 198 (Ark. Ct. App. 2025). · cites it 2דJohnson was sentenced to twenty years for first-degree murder, ten years for the commission of a terroristic act, and five years for a firearm enhancement, and the terroristic- act count was enhanced by one classification for acting in concert with two or more persons under…”
Carter v. State, 29 S.W.3d 716 (Ark. 2000). “The sentence was enhanced in accordance with Arkansas Code Annotated § 5-74-108 (Michie 1993). Petitioner was given credit for 460 days in jail.”
Colston v. State, 58 S.W.3d 375 (Ark. 2001). · cites it 2דThe battery charge, a class A felony, was enhanced by Ark. Code Ann. § 5-74-108 (Repl. 1997), engaging in violent criminal activity.”
Terrance Hughes v. State of Arkansas, 2022 Ark. App. 453 (Ark. Ct. App. 2022). · cites it 2דThe State also sought enhancement for engaging in violent criminal activity under Ark. Code Ann. § 5-74-108 (Repl. 2016) and committing a felony in the presence of a child under Ark.”
— Ark. Code Ann. § 5-74-108(b) — 1 case
Jones v. State, 969 S.W.2d 618 (Ark. 1998). “The State sought enhancement of the battery charges under Ark. Code Ann. § 5-74-108 (Repl. 1997), which amplifies the felony classification and sentence-penalty range of a person convicted of a “crime of violence” while acting in concert with two or more persons.”
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