Ark. Code Ann. § 5-4-707
This is the official text of Ark. Code Ann. § 5-4-707, part of Arkansas’s Code Ann — part of the compiled statutory law of Arkansas, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.
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Additional term of imprisonment for offense constituting violence against church or other place of worship
Official statutory text
(a) As used in this section, "serious felony involving violence" means: (1) Murder in the first degree, § 5-10-102 ; (2) Murder in the second degree, § 5-10-103 ; (3) Battery in the first degree, § 5-13-201 ; (4) Aggravated assault, § 5-13-204 ; (5) Terroristic threatening, § 5-13-301 , if a felony; (6) Terroristic act, § 5-13-310 ; (7) Causing a catastrophe, § 5-38-202(a) ; (8) Arson, § 5-38-301 ; (9) Terrorism, § 5-54-205 ; (10) A felony offense under § 5-54-201 ; (11) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (12) Criminal use of prohibited weapons, § 5-73-104 , involving an activity making it a Class B felony; or (13) A felony attempt, solicitation, or conspiracy to commit an offense listed in this subsection, if the attempt, solicitation, or conspiracy itself is a felony. (b) A person is subject to an additional term of imprisonment under this section if the person: (1) Purposely selected the victim of an offense committed by the person because the victim was present on the grounds of or in a church or other place of worship at the time of the offense; and (2) Committed a serious felony involving violence against the victim. (c) If an additional term of imprisonment is sought under this section, the information or indictment shall include: (1) That the additional term of imprisonment under this section is being sought; and (2) The allegations supporting the imposition of the additional term of imprisonment under this section. (d) The additional term of imprisonment under this section is for a minimum of one (1) year but no more than ten (10) years in the Division of Correction. (e) The additional term of imprisonment under this section is consecutive to any other sentence imposed. (f) A person receiving an additional term of imprisonment under this section is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the additional term of imprisonment. Amended by Act 2023, No. 659,§ 21, eff. 1/1/2024. Added by Act 2019, No. 1046,§ 1, eff. 7/24/2019.
(a) As used in this section, "serious felony involving violence" means: (1) Murder in the first degree, § 5-10-102 ; (2) Murder in the second degree, § 5-10-103 ; (3) Battery in the first degree, § 5-13-201 ; (4) Aggravated assault, § 5-13-204 ; (5) Terroristic threatening, § 5-13-301 , if a felony; (6) Terroristic act, § 5-13-310 ; (7) Causing a catastrophe, § 5-38-202(a) ; (8) Arson, § 5-38-301 ; (9) Terrorism, § 5-54-205 ; (10) A felony offense under § 5-54-201 ; (11) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (12) Criminal use of prohibited weapons, § 5-73-104 , involving an activity making it a Class B felony; or (13) A felony attempt, solicitation, or conspiracy to commit an offense listed in this subsection, if the attempt, solicitation, or conspiracy itself is a felony.
(1) Murder in the first degree, § 5-10-102 ;
(2) Murder in the second degree, § 5-10-103 ;
(3) Battery in the first degree, § 5-13-201 ;
(4) Aggravated assault, § 5-13-204 ;
(5) Terroristic threatening, § 5-13-301 , if a felony;
(6) Terroristic act, § 5-13-310 ;
(7) Causing a catastrophe, § 5-38-202(a) ;
(8) Arson, § 5-38-301 ;
(9) Terrorism, § 5-54-205 ;
(10) A felony offense under § 5-54-201 ;
(11) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ;
(12) Criminal use of prohibited weapons, § 5-73-104 , involving an activity making it a Class B felony; or
(13) A felony attempt, solicitation, or conspiracy to commit an offense listed in this subsection, if the attempt, solicitation, or conspiracy itself is a felony.
orism, § 5-54-205 ;
(10) A felony offense under § 5-54-201 ;
(11) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ;
(12) Criminal use of prohibited weapons, § 5-73-104 , involving an activity making it a Class B felony; or
(13) A felony attempt, solicitation, or conspiracy to commit an offense listed in this subsection, if the attempt, solicitation, or conspiracy itself is a felony.
(b) A person is subject to an additional term of imprisonment under this section if the person: (1) Purposely selected the victim of an offense committed by the person because the victim was present on the grounds of or in a church or other place of worship at the time of the offense; and (2) Committed a serious felony involving violence against the victim.
(1) Purposely selected the victim of an offense committed by the person because the victim was present on the grounds of or in a church or other place of worship at the time of the offense; and
(2) Committed a serious felony involving violence against the victim.
(c) If an additional term of imprisonment is sought under this section, the information or indictment shall include: (1) That the additional term of imprisonment under this section is being sought; and (2) The allegations supporting the imposition of the additional term of imprisonment under this section.
(1) That the additional term of imprisonment under this section is being sought; and
(2) The allegations supporting the imposition of the additional term of imprisonment under this section.
(d) The additional term of imprisonment under this section is for a minimum of one (1) year but no more than ten (10) years in the Division of Correction.
(e) The additional term of imprisonment under this section is consecutive to any other sentence imposed.
(f) A person receiving an additional term of imprisonment under this section is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the additional term of imprisonment.
Amended by Act 2023, No. 659,§ 21, eff. 1/1/2024.
Added by Act 2019, No. 1046,§ 1, eff. 7/24/2019.
(a) As used in this section, "serious felony involving violence" means: (1) Murder in the first degree, § 5-10-102 ; (2) Murder in the second degree, § 5-10-103 ; (3) Battery in the first degree, § 5-13-201 ; (4) Aggravated assault, § 5-13-204 ; (5) Terroristic threatening, § 5-13-301 , if a felony; (6) Terroristic act, § 5-13-310 ; (7) Causing a catastrophe, § 5-38-202(a) ; (8) Arson, § 5-38-301 ; (9) Terrorism, § 5-54-205 ; (10) A felony offense under § 5-54-201 ; (11) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (12) Criminal use of prohibited weapons, § 5-73-104 , involving an activity making it a Class B felony; or (13) A felony attempt, solicitation, or conspiracy to commit an offense listed in this subsection, if the attempt, solicitation, or conspiracy itself is a felony.
(1) Murder in the first degree, § 5-10-102 ;
(2) Murder in the second degree, § 5-10-103 ;
(3) Battery in the first degree, § 5-13-201 ;
(4) Aggravated assault, § 5-13-204 ;
(5) Terroristic threatening, § 5-13-301 , if a felony;
(6) Terroristic act, § 5-13-310 ;
(7) Causing a catastrophe, § 5-38-202(a) ;
(8) Arson, § 5-38-301 ;
(9) Terrorism, § 5-54-205 ;
(10) A felony offense under § 5-54-201 ;
(11) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ;
(12) Criminal use of prohibited weapons, § 5-73-104 , involving an activity making it a Class B felony; or
(13) A felony attempt, solicitation, or conspiracy to commit an offense listed in this subsection, if the attempt, solicitation, or conspiracy itself is a felony.
orism, § 5-54-205 ;
(10) A felony offense under § 5-54-201 ;
(11) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ;
(12) Criminal use of prohibited weapons, § 5-73-104 , involving an activity making it a Class B felony; or
(13) A felony attempt, solicitation, or conspiracy to commit an offense listed in this subsection, if the attempt, solicitation, or conspiracy itself is a felony.
(b) A person is subject to an additional term of imprisonment under this section if the person: (1) Purposely selected the victim of an offense committed by the person because the victim was present on the grounds of or in a church or other place of worship at the time of the offense; and (2) Committed a serious felony involving violence against the victim.
(1) Purposely selected the victim of an offense committed by the person because the victim was present on the grounds of or in a church or other place of worship at the time of the offense; and
(2) Committed a serious felony involving violence against the victim.
(c) If an additional term of imprisonment is sought under this section, the information or indictment shall include: (1) That the additional term of imprisonment under this section is being sought; and (2) The allegations supporting the imposition of the additional term of imprisonment under this section.
(1) That the additional term of imprisonment under this section is being sought; and
(2) The allegations supporting the imposition of the additional term of imprisonment under this section.
(d) The additional term of imprisonment under this section is for a minimum of one (1) year but no more than ten (10) years in the Division of Correction.
(e) The additional term of imprisonment under this section is consecutive to any other sentence imposed.
(f) A person receiving an additional term of imprisonment under this section is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the additional term of imprisonment.
Amended by Act 2023, No. 659,§ 21, eff. 1/1/2024.
Added by Act 2019, No. 1046,§ 1, eff. 7/24/2019.
Status: in_force
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